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
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
(3)
(5)
(7)
HG 00 01 09 16
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
HG 00 01 09 16 Page 17 of 21
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.
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
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
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;
(3)
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
g. 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
(3) Products or operations for which the
classification, listed in the Declarations or
in a policy Schedule, states that products -
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.
HG 00 01 09 16 Page 21 of 21
Policy no. 57UEAFN9268
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However; the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
B. Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
Form HA 99 16 0312
d Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs
C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire
D. Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement; that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered "auto."
2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 1 of 5
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs'
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we vdi l pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the wri Ater contract or written
agreement: or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall he a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3)
Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim.
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS; in the
same manner as the Named Insured.
Form HA 99 16 03 12
E. Primary and Non -Contributory if
Required by Contract
Only with respect to irsurance provided to
an additional insured 'n 1.D - Additional
Insured If Required by Contract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d_
(4) Primary And Non -Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance
Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -insured
amounts under al! that other insurance
We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.
2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The OTHER INSURANCE Condition is amended
by adding the following
2011, The Hartford (includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 2 of 5
If an "employee's" personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
be primary to the "employee's" personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5 - FELLOW EMPLOYEE - of
SECTION II - LABILITY 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.
4. 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,OO0;
(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 Iightn ng. 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 S1000 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.
5 PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of S50 per day and a maximum limit of
51.000.
6. LOAN/LEASE GAP COVERAGE
Under SECTION lit - 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.
7. 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
8. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that, at the time of "loss".
is:
(1) Permanently installed in or upon
the covered "auto";
(2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
(3)
Form HA 99 16 03 12
201 1, The Hartford (Includes copyrighted material
of ISO Properties, Inc,, with its permission.) Page 3 of 5
(4) Necessary for the normal
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b. Section II1 — Version CA 00 01 03 10 of the
Business Autc Coverage Form, Physical
Damage Coverage, Limit of Insurance.
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance:
Paragraph C are each 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
(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.
9. 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
10. 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.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE. the
following is added:
Form HA 99 16 03 12
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,
12. 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.
13. 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.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD. COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibi'ity 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 R eo or Canada or in a
settlement we agree :o
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following.
© 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 4 of 5
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.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V -
DEFINITIONS 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.
17. 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
18. 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 S2,500., 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.
19. 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 S1,000 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 S5,000 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 03 12
O 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 5 of 5
Policy no. 57WEAAJ9MEN
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
11,
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization from whom
you are required by written contract or
agreement to obtain this waiver of
rights from us.
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 02/01/2023 Policy Expiration Date: 02/01/2024
Agenda Item No: 1.f
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: April 21, 2026
Submitted by: Jesus Avila
From: Public Works
Subject:
AMENDMENT NO. 1 TO PUBLIC WORKS AGREEMENT WITH RJ NOBLE COMPANY FOR CONSTRUCTION SERVICES RELATED TO THE FY 24-25 RESIDENTIAL STREET
REHABILITATION PROJECT
Financial Impact:
Fiscal Impact:
Expense: $340,692.53 Amendment No.1 for extra work related to additional excavation and pavement, the construction of new asphalt pavement at Fire Station 1 and drainage structure reconstruction.
Available Budget: $654,176.00 Fiscal Year 2025-26 CIP, (211-90300-9600) Measure M Summary:
On October 7, 2025, the City Council entered into a Public Works Agreement (PWA) with RJ Noble Company for $1,972,915.05 for Fiscal Year ("FY") 2024-25 Residential Street Rehabilitation Project. The scope of work for the FY 2024-25 Residential Street Rehabilitation Project entailed the rehabilitation of selected residential streets bounded by Bastanchury Road, Valencia Avenue, Placentia Avenue, and Yorba Linda Boulevard. In general, the work consisted of pavement rehabilitation; replacement of damaged sidewalk, curb, and gutter; two driveways in front of Brookhaven Elementary School; and new pavement striping, markings, and legends.
The project team encountered unforeseen challenges during the course of construction including unsuitable subgrade for paving, in addition to City and constituent requests. Staff recommends the approval of Amendment No. 1 to the subject agreement for construction services related to the FY 24-25 Residential Street Rehabilitation Project. As a result of these changes, construction costs are expected to go beyond the 10% construction contingency amount of $197,291.51 by an additional $143,401.03, totaling $340,692.53 or 17.3%, for a total construction contract amount of $2,313,607.58.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve Amendment No. 1 to a Public Works Agreement with RJ Noble Company in the amount of $340,692.53; and
2. Authorize the City Administrator, and/or her designee, to execute the necessary 117
documents, in a form approved by the City Attorney.
Strategic Plan Statement:
The item conforms to Strategic Plan Goal No. 3: Maintain and enhance streets, parks, and public facilities to ensure they are well-appointed, clean, attractive, and reflective of the City's commitment to quality.
Discussion:
On October 7, 2025, the City Council entered into a Public Works Agreement with RJ Noble Company for $1,972,915.05 for Fiscal Year ("FY") 2024-25 Residential Street Rehabilitation Project which included the construction of pavement rehabilitation; replacement of damaged sidewalk, curb, gutter; two driveways in front of Brookhaven Elementary School; and new pavement striping, markings, and legends.
The project team encountered several unforeseen conditions during construction. One of which included areas of unsuitable subgrade discovered by the paving contractor during milling operations. These unforeseen conditions did not meet the requirements for final paving and would have compromised the long-term performance of the roadway. To address this, additional excavation and placement of asphalt base material were required to establish a stable foundation for the new pavement surface. Per the previously approved Staff report, Staff understood that sufficient project funding remained available to cover the cost of this additional work. To avoid added expenses associated with contractor re -mobilization and to maintain the project on schedule, Staff authorized the contractor to proceed with the repairs immediately. Completing this work will improve the lifespan of the new pavement and reduce the likelihood of near -term pavement failures.
Additionally, the project team received a request from the Fire Department for the repaving of the existing parking lot at Fire Station 1. After reviewing the condition of the existing parking lot, it was determined that pavement reconstruction was essential for the functionality and longevity of this City facility. The quickest way to perform this work is to use the existing contract we already have in place with this paving contractor.
The project team also identified two deferred maintenance items in need of repair, both of which pose potential ADA concerns within the public right-of-way. One location requires the reconstruction of a concrete catch basin top at 300 S. Jefferson St., which was brought to the City's attention in 2020 and has not been addressed. The other location requires the reconstruction of two parkway drains at 808 Berkenstock Cir., which was brought to the City's attention in 2021 and has not been addressed.
Staff recommends the approval of Amendment No. 1 to the subject agreement for construction services related to the FY 24-25 Residential Street Rehabilitation Project. As a result of these changes, construction costs are expected to go beyond the 10% construction contingency amount of $197,291.51 by an additional $143,401.03, totaling $340,692.53 or 17.3%, for a total construction contract amount of $2,313,607.58.
Attachments
Amendment 1.pdf
(Fully Executed) RJ Noble Company - 24-25 Residential Street Rehab Agreement.pdf FY 24-25 Res. Street Rehab - Amendment 1 Cost Breakdown.pdf 118
AMENDMENT NO. 1 TO
PUBLIC WORKS AGREEMENT
WITH RJ NOBLE COMPANY
This Amendment No. 1 ("Amendment") to the Agreement is made and entered into effective the 21st day of April 2026, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and R.J. Noble Company, a California corporation (hereinafter "CONTRACTOR"). CITY and CONTRACTOR are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i) CITY and CONTRACTOR entered into a Public Works Agreement ("Agreement") effective October 7, 2025, through which CONTRACTOR has been providing construction services as more fully explained in the Scope of Services attached to the Agreement as Exhibit (ii) The Parties now seek to amend the Agreement to increase the compensation by $340,692.53 for additional work related to the unsuitable subgrade during paving, construction of new asphalt pavement at Fire Station 1 and Drainage Structure Concrete Repairs Including previously approved change orders, the total not to exceed amount is $2,313,607.58 . (iii) All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 3.1, Paragraph 1 of the Agreement is hereby amended to read as follows:
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 two million three hundred thirteen thousand six hundred seven dollars and fifty-eight cents ($2,313,607.58) (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.
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.
119
IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Consulting Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By:
Steven L. Nendo , Vice President Jennifer Lampman
By:
City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
120
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
FY 2024-2025 RESIDENTIAL STREET REHABILITATION PROJECT
CITY PROJECT NO. 26-104
THIS AGREEMENT (herein "Agreement") is made and entered into this 7th day of October, 2025 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and R.J. Noble Company (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of residential street improvements as set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean R.J. Noble Company a (California corporation, partnership, individual) located at 15505 E. Lincoln Avenue Orange, CA 92805.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman Ave., Placentia, California 92870. (c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer. Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
(e) Services_ Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator D-2
or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E".
2.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
2.6 Standard of Performance. Contractor, its subcontractors, and their employees, in the performance of Contractor's work under this Agreement, shall be responsible for exercising the D-3
degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.
Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance, In the event Contractor fails to perform in accordance with the above standard:
1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth far the specific task involved. Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;
2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and
3. The City shall have the option to direct Contractor not to re -perform arty 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 adapt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
2.8 Further Responsibilities of Parties, Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.
2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section
3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of ten percent (1O%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less, may be approved D-4
by the Contract Officer. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of industrial Relations as required by SB 854 and Labor Code 1725.5 and understands that this project is subject to compliance monitoring and enforcement by the Department of industrial Relations. Contractor shall ensure that its subcontractors comply with said requirements. Contractor shall comply with Labor Code Section 1771A and shall post all legally required job site notices. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime, Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of one million nine hundred seventy two thousand nine hundred fifteen dollars with five cents ($1,972,915.05) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds,
4.0 PERFORMANCE SCHEDULE
4,1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time D-5
period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force Maieure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor. including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than October 7, 2026. unless the parties mutually agree in writing to extend the term.
5.0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
R.J. Noble Company
ATTN: Steven L. Mendoza
15505 E. Lincoln Ave.
Orange, CA 92865
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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5.3 Prohibition Against Assignment. The experience, knowledge, capability, and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis, In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its subcontractors, agents, or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, subcontractors, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shah perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents, or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II , or Class II I disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and D-7
generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION, AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
The City of Placentia, its officers, officials, employees, agents, and volunteers shall be named as additional insureds.
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies D-8
the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.
Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.
6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements, in a form and content approved by City, prior to performing any services under this Agreement.
The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D" and are incorporated herein by this reference.
6.3 Indemnification. Contractor shall protect, defend, indemnify, and hold free and harmless the City of Placentia, its officers, officials, employees, agents, and volunteers, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or entity arising or alleged to arise out of or in any way connected with the performance of the work, operations, or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Contractor, its employees, and/or subcontractors. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, officials, employees, agents, or volunteers for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents'. employees', subcontractors', or invitees') negligent performance of or failure to perform such work, operations, or activities hereunder; and Contractor agrees to save and hold the City, its officers, officials, employees, agents, and volunteers harmless therefrom. (c) In the event the City, its officers, officials, employees, agents, or volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, officials, employees, agents, or volunteers any and all costs D-9
and expenses incurred by the City, its officers, officials, employees, agents, or volunteers in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any State or Federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1988 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints, or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
6.5 Sufficiency of Insurer or Surety_ Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A-" or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, and only if they are of a Financial Size Category Class VII or larger, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Project Manager and Risk Manager determine that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Project Manager provided that the Contractor shall have the right to appeal a determination of increased coverage by the Project Manager to the City Council of City within ten (1 D) days of receipt of notice from the Project Manager.
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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
71 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason.
Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
7.3 Ownership of Documents. Al! drawings, specifications, reports, records, documents, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder_ Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
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8.0 GENERAL PROVISIONS
8,1 Governina Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement.
Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.
8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any D-12
subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.6 Richts and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Liouidated Damages, Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Thousand and Two Hundred Dollars ($5,200.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit "A') or Schedule of Performance (Exhibit "B"). Tlie City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City:
City of Placentia
401 E. Chapman Ave.
Placentia, California 92870
Attn.: Chris Tanio
To Contractor: R.J. Noble Company
ATTN: Steven L. Mendoza
15505 E. Lincoln Ave.
Orange, CA 92865
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 D-13
breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8,12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement, Contractor and its officers, employees, associates, and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates, and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates, or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor's duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor's participation in the planning, discussions, or drawing of project plans or specifications shall be Iimited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this Agreement.
8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement_ To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.15 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.16 Hiring of Illegal Aliens Prohibited_ Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this ❑-14
Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a) Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A, §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
(b) E-Verifv. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http;//www_uscis.gov, or access the registration page at https://e- verify.uscis.gov/enroll. Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer D-15
contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. 8,21 Lecal Responsibilities, The Contractor shall keep 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 convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off.
3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
4_ All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.
The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums, or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.
8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to D-16
Contractor occurs, then Contractor shelf, at no cost to City, provide all necessary design drawings, estimates, and other Contractor professional services necessary to rectify and correct the matter to the sale 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 shalt bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement,
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.
8.31 Entire 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 D-17
inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
CITY OF PLACENTIA,
A municipal corporation and Charter City
JennifaaFnpman, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
CONTRACTOR:
x
Signature
STEVEN L. MENI)OZA, VICE PRESIDENT
Name and Title -
35-86[624 33-0866299
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christians L Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Rosa na Ramir=z, Ris. `manager
Date:
Date: 09/18/2025
Date: /0 c5 d 4517.5
Date: / 21-70
D-18
APPROVED AS TO CONTENT:
—S6j11) 1
Shelley L. K neil, Project Manager
DEPARTMENTAL APPROVAL:
(:
Chris Tanio, Director of Public Works/
City Engineer
Date: LP 17/,r
Date:
CALIFORNIA ACKNOWLEDGMENT
kit 4' .4Ptgltgitt~
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies or1Ey 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 09/18/2025 before me, JADELIN PIOHI11, NOTARY PUBLIC Date
personally appeared
Here insert Name and Title of the Officer
STEVEN L. MENDOZA
Names) of Sfgner(s)
who proved to me on the basis of satisfactory evidence to be the person whose narne( is/NKsubscribed to the within instrument and acknowledged to me that hel}i`if a X.executed the same in hisflYeKitiliK authorized capacity(1*, and that by his] r i¢ signaturesignatureN on the instrument the person,}, or the entity upon behalf of which the personeg acted, executed the instrument.
JADELIN NOVA
Notary Public • California
Orange County
Commission # 2486732
Hy Comm, Expires Apr 12, 2028
Place Notary Seal orrd/ar Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatur
OPTIONAL
Signature of Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ Signer's Name:
❑ Corporate Officer - TItle(s): C7 Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Partner -- ❑ Limited u General o Individual Q Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator o Other: ❑ Other: _
Signer is Representing: _ Signer is Representing:
2019 National Notary Association
Bond No. 30259221
Executed in Triplicate
(Use of City Bond Form is Required)
LABOR AND MATERIAL PAYMENT BOND
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, R.J. NOBLE COMPANY , as Principal, has
entered into a contract dated October 7th, 2025 , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit: FY 2024-2025 RESIDI:.N'1'IAI.
STREET REHABILITATION and all appurtenant work in accordance with PROJECT NO. 26-104 which requires Principal to file this bond to secure claims made in relation to the project.
NOW THEREFORE, we, R.J. NOBLE COMPANY , as Principal,
and Western Surety Company , a corporation organized under the laws of South Dakota and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of * Dollars ($.** ),
lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and * assigns, jointly and severally, firmly by these presents. ** One Million Nine Hundred Seventy -Two Thousand Nine Hundred Fifteen Dollars and 051100 Cents ($1,972,915.05) If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under D-20
CALIPORNIA 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
09/19/2025
Dote
personally appeared -
before me, JADELIN PIOHIA, NOTARY PUBLIC
Here Insert Nome and Title of the Officer
STEVEN L. MENDOZA
Name(s) of Signer(s)
who proved to me on the basis cif satisfactory evidence to be the persona() whose named is/Subscribed to the within instrument and acknowledged to me that heNfieZelaexecuted the same in hisfdre]2XhiK authorized capacity(Dal. and that by hisMrlffigi signature X on the instrument the person{gQ, or the entity upon behalf of which the person/^. acted. executed the instrument.
JADELIN PIOHIA
Notary Public • California
orange County
Commission # 2484732 r
My Comm. Expires Apr 12, 2028
Place Notory Seol and/or Stamp Above
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
OPTIONAL
Signature of Notary Public
Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: — —
Capacity(ies) Claimed by Signor{s)
Signer's Name:
❑ Corporate Officer - Title(s):
o Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other;
Signer is Representing:
O Attorney iri Fact
❑ Guardian or Conservator
siogyagommimarisonaimmirottootiorlimiagtotialmarstEosi-orimemiwiitarre.rcilkiatirtn:tit aogricerrEi O2019 National Notary ASsociation
County of
Qn
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
01.41,1 a}i $k I.Z.
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
ORANGE
09/19/2025
Dote
personally appeared JENNIFER M. VEGA
Nome(s) of Signers)
}
before me,
JADELIN PIOI IIA, NOTARY PUBLIC;
Here Insert Name and Title of the Officer
who proved to me on the basis of satisfactory evidence to be the person(}) whose nameN isfktt(subscribed to the within instrument and acknowledged to me thatMsheljtalaexecuted the same in (herd authorized capacity(I ). and that by NWher?XI signature() on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument.
JADELIN PIOHr,c
, Notary Public • California
:_ orange County
' nTrt 1 Commission A 2436732
My Comm. Expires Apr 12, 2011
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
Signature of Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to cn unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaeltty(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited 0 General CI Partner - 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual u Attorney in Fact ❑ Trustee ❑ Guardian or Conservator in Trustee ❑ Guardian or Conservator D Other: ❑ Other:
Signer is Representing: Signer is Representing:
2019 htationat Notary Association
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
}
}
On k=afifimarev / .2 before me, Susan E. Morales, Notary Public iHere insert name end title of the officer)
personally appeared Kelly Vincent
who proved to me on the basis of satisfactory evidence to be the person() whose name( islafe subscribed to the within instrument and acknowledged to me that tre/shel p executed the same in Hs/her/their authorized capacityttes), and that by his/herftheiir signature( on the instrument the person(}, or the entity upon behalf of which the person(s) acted, executed the instrument.
1 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 seat
. rn
Notary Public Signature
(Notary Public Seal)
U
W
..„,...-4.7 6;4;:j E, MORAL1 S ,�
COMM. #2444309
NCfARY t'u6LIC• CALIFORNIA ()
QRAlslOE COUNTY ...x
t��' 4� MY CDAih1 Expir s April 1-I, 2027
"c, v �+
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Poston?: complies with current California statures regarding nnrary wording and, if needed, should be completed and rrti ached ro the dncurac+rrr. aicknnhvedgent.r from other states may be completed for doetmrenis bring son? in drat store so long as the wording does not rrgalre the Cal forma notary to violate California notary•
DESCRIPTION CF THE ATTACHED DOCUMENT
(Title or description of attached d0 m
Z‘fj�r
(40/01411-6
(Title or description of attached document continued)
Number of Pages o? Document Date 1_1,F`aZ
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
❑ Corporate Officer
(Title
❑ Partner(s)
® Attorney -in -Fact
• Trustee(s)
❑ Other
2015 Version www.NotarvClagst; 5.corn g0C-$73-W355
• State and County Infon-tauutn must be the Stare and County where the document signers) personalty appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which musk also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) tivhn personally appear at the time of notanzation,
• Indicate the correct singular nr plural tt+rrns by crossing off incorrect forms (Le. kelshcltIaey- is /are ) or circling Ihr correct forms Failure to correctly indicate this mformatinn may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducihle Impression must not cover text or lines. If seal impression smudges, rr-seal if rt sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk.
'r Additional information is not required but could help to ensure this acknowledgment +s not misused of atkached to a different document.
Indicate title or type of attached document, numbcr of pages and date, ? Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer- indicate the title (i.c. CEO, C1-0, Secretary), • Securely attach this document to the signed document with a staple.
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in thc City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint David S Jacobson, Kelly Vincent, Individually
of Anaheim, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bonen of this page, duly adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 29th day of July, 2024,
State of South Dakota
County of Minnchaha
5$
WESTERN SURETY COMPANY
I.arry Kasten. Vice President
On this 29th day of July, 2024, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, Stale ofSouth Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his an thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
My commission expires
March 2, 2026
4w ti9w4444ti♦*
M. RENT 3
f L NOTARY PUBLICas
I SOUTH DAKOTA
�4 }
M. Bent, Notary Public
CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hcrcinabovc set forth is still in force, and further certify that the By -Law and Resolutions of the curporeti printed below this certificate are still in force. In testimony whereof i have hereunto subscribed my name and affixed the seal of thc said corporation this /p. day of �+ ,2s
WESTERN SURETY COMPANY
C +5atAkk6
Paula Kolsrud, Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company.
Section 7. All bonds, policies, undertakings. Powers of Attorney, or other obligations of the corporation shall bc executed in thc corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer. or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Tact or agents who shall have authority to issue bonds, policies, Ur undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company.
This Power of Attorney may bc signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal tinder and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27' day of April, 2022; "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed ot'the Company." Go to www.ennsuretv.com > Owner 1 Obligee Services Validate Bond Coverage, if you want to verify bond authenticity.
Form F4 -6-2023
(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
R,J. NOBLE COMPANY A CALIFORNIA. CORPORATION
AUSTIN M. CARVER, PRESIDENT JENNIFER M. VEGA,SLCRETARY
JAMES N. DUCOTE, C.F.O.
Business Address:
15505 E. LINCOLN AVE.,
ORANGE, CA 92865
Telephone Number:
Date:
Print Name:
Signature:
714-637-1550
09/18/2025
R.J. NOBLE COMPANY
Principal
T G�
�£VEN L. M£DOZA, VICE PRESIDENT
O-22
(Use of City Form is Required)
TAX IDENTIFICATION NUMBER
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.
You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non -employees.
If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:
CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman Ave.
Placentia, CA 92870
Exempt Yes
No XX
Telephone ( 714 ) 637-1550
CORPORATION: R•I. NOBLE COMPANY TAX If) 33-0866299
U.S.A. OR ANY AGENCIES THEREOF: N/A
IRS CODE #501 TAX-EXEMPT ORGANIZATION: N/A
A NON-COMMISSIONE❑ CITY OF PLACENTIA EMPLOYEE: N/A
SOLE PROPRIETOR: N/A
A PARTNERSHIP: N/A
OTHER: N/A
Signature/Title: X (-717/
STEVEN .ME OZA,
VICE P ESIDENT
D-23
(Explain)
Date: 09/18/2025
Bond No. 30259221
Executed in Triplicate
CITY OF PLACENTIA
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to R.j. NOBLE COIVIPAN a California corporation (hereinafter "Principal"), an Agreement, dated October 7th,2025, 20_ ("Agreement"), whereby Principal agreed to provide construction services including FY 2024-2025 Residential Street Rehabilitation Pro'ect / Cit Pro'ect No, 26-104.
WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
R.J. NOBLE Western
NOW, THEREFORE, we, COMPANY , as Principal, and Surety Comoany as Surety, are held and firmly bound unto the City in the sum of * Dollars ($ ** ), this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
*One Million Nine Hundred Seventy -Two Thousand Nine Hundred Fifteen Dollars and 051100 Cents **(x1,972,915.05) THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.
As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.
Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any Federal or State laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to D-24
obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.
Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the 18th day of September , 2025 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Seal)
SURETY: Western Surety Company
By x
Kelj_ Vincent, Attorney -in -Fact
2 Park Plaza, Suite 400
Irvine, CA 92614
ADDRESS
(Seal)
PRINCIPAL:R.J. NOBLE COMPANY
By X
STEVEN MEN'6OZA, VICE PRESIDENT
INSTRUCTIONS
X
JENNIFR M. VEGA, SECRETARY
15505 E. LINCOLN AVE., ORANGE, CA 92865
ADDRESS
Two (2) Notarized Signatures required
from all Corporations.
1. The above bond must be executed by both the Principal and the Surety.
2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice -President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also.
The bond must be notarized by both the Principal and the Surety.
3. The City Attorney of the City of Placentia must approve the bond. 4, The bond, after approval, must be filed with the City Clerk of the City of Placentia.
D-25
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document.
State of California
County of ORANGE
}
On 09/19/2025 before me, JADELIN PIO1-11A, NOTARY PUBLIC Date
Here Insert Name and Title of the Officer
personally appeared STEVEN L. M1 NU()ZA
Nome(s) of Slgner(S)
who proved to me on the basis of satisfactory evidence to be the personN whose namely is/ subscribed to the within instrument and acknowledged to me that he7, Xel executed the same in his/t)e)atiliiK authorized capacity(DiN., and that by hishisMt rXt [ signature(}£) on the instrument the person()), or the entity upon behalf of which the person(Q acted, executed the instrument.
JADELIN PIOHIA
Notary Public , California
Orange County
Commission # 2485732
My Comm. Expires Apr 12, 2028
Place Notary Seal andfar Stomp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unattended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
CapacIty(ies) Claimed by Signer(s)
Signer's Name:
R Corporate Officer - TItIe(s):
❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General C� Individual ❑ Attorney in Fact ❑ Individual O Attorney in Fact R Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ other; ❑ Other:
Signer is Representing:
Signer's Name:
u Corporate Officer - Title(s):
Signer is Representing.
:0 r''
2019 National Notary Association
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
}
County of Oran e }
On GeJ v / ° before me, Susan E. Morales, Notary Public jHere inacrt name end a?le of the officer)
personally appeared Kelly Vincent
who proved to me on the basis of satisfactory evidence to be the person* whose name* isle a subscribed to the within instrument and acknowledged to me that frelsheithey executed the same in i-lislher/their authorized capacity(ies), and that by Brit/her/their signature('} on the instrument the person(' j, or the entity upon behalf of which the person() acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
hula, rrl
Notary Public Signature
(Notary Public Seal)
.,. •�'' SUSAN E. MORALES
C) "l�` r4, COMM. 42444309 —j
NOTARY PusUC- CAIJFORNIA O
W V': ORANGE COt1N1Y
Ch= 2C?7
ADDITIONAL OPTIONAL 1NFORMAT ON INSTRUCTIONS FOR COMPLETING THIS FORM 77,x.5 /cn m rompiies with current California statutes regarding notary warding and, if needed .should be completed and attached to the document ,tckxvhredgentsfrom other states many be completed for documents being sent to that start so long as the ,cording does nor require the Cal/arnia notary to violate Cahf rota notary larv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signcrfs) personally appeared which must also he the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the namefs) of document signcr(s) who personally appear at the time of notarisation.
• Indicate the correct singular or plural faints by crossing off incorrect forms (i.c. helshe/the} - is tare ) or circling the correct forms Failure Lo correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient nrca permits, othcrwisc complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county slcrk.
•'r Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ▪ Indicate title or type of attached document, number of pages and date. :* Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple,
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or .: = ription attached docu
(Title or description of attached document continued)
Number of Pages t72- Document Date °
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
E Corporate Officer
(Tit e'
❑ Partner(s)
51 Attorney -in -Fact
p Trustee(s)
p Other
2015 Version WWW.NalaryClasses.conl 860-873.5865
m
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint David S Jacobson, Kelly Vincent, Individually
of Anaheim, CA, its true and lawful Attorney{s}-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
- In Uniimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to he signed by its Vim President and its corporate seal to be hereto affixed on this 29th day of July, 2024.
State of South Dakota
County of Minnchaha !
ss
,IH4.rr
gr
4,90,14,4
. Rc
Nituai....DF
WESTERN SURETY COMPANY
Larry Kasten, Vice President
On this 29th day ofJuly, 2024, before me personally came Larry Kasten, to me known, who, being by me duly sworn. did depose and say; that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument i4 such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of suid corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
My commission expires
March 2, 2026
...... Mry44ti4w.titiwwtitia14h4 4
s M. BENT
f� ;
NOTARY PUBLIC s
SOUTH /? � DAKOTA e
+
M. Bent. Notary Public
CERTIFICATE
1, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify dun the Power of Attorney hercinabuvc set forth is still in force, and further certify that the By -Law and Resolutions ofth corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the sea! oFthe said corporation this/ day o aTr
WESTERN SURETY COMPANY
Pavia Kolsrud, Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company, Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company, The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
This Power of Attorney is signed by Larry Kasten, Vice President. who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27'' day of April, 2422:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use ofa digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." Go to www.cnasaretv.com > Owner/ Obligee Services> Validate Rend Coverage, if you want to verify bond authenticity.
Form F4290-6-2023
BID GUARANTEE
TO THE CITY OF PLACENTIA
PROJECT NO. 26-'t04
As a material inducement to the City to award the contract for Project No. 26-104 to R.I. NOBLE COMPANY 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: >-'Y 2024-205 RESIDENTIAL ("the work").
STREET Rl?HAI3ILITA'I'ION
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned.
The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 115 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.
Guarantor
Contractor: R.). NOBLE COMPANY
Date: 09/18/2025
By: X h
Title' STEVEN L. MENDOZA, VICE PRESIDENT
D-26
j•
STATEMENT OF NON COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true. b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. c. That such bid or proposal is genuine and not collusive or sham. d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement. e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal.
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else.
Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years.
Thal no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any State or Federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.
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 09/18/2025 at ORANGE
Firm R.I. NOBLE COMPANY
Street 15505 E. LINCOLN AVENUE
City ORANGE State CA Zip 92865
D-27
California.
X
ignore)
STEVEI4I.. MENDOZA, VICE PRESIDENT
(Print Name & Title)
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ORANGE.
On 09/18/2025 before rne, JAI)ELIN PIOHIA, NOTARY PUBLIC Dote Here Insert Name and Title of the Officer
personally appeared
STEVEN L. MENDOZA
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person} whose name(x) is/M subscribed to the within instrument and acknowledged to me that hel l e (executed the same in hisltkl#t> JK authorized capacity(. N, and that by hiski)irlifialf signature X on the instrument the personeiCl, or the entity upon behalf of which the persona) acted, executed the instrument „ARIA PIOHR
Notary Public • OIifornia
Orange County
Commission* 2411112 i
My Comm. EIpirrs Apr 1?, J7itt
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
Signature of Notary Public
Completing this inforrnotion con deter olterotian of the document or fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
CapacIty(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner ❑ limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Corporate Officer - Titie(s): _
❑ Partner - ❑ Limited ❑ General
❑ individual o Attorney in Fact
❑ Trustee o Guardian or Conservator
❑ Other; —
Signer is Representing:
N4�y� rank
2019 National Notary Association
EXHIBIT B
SCHEDULE OF PERFORMANCE
All work must be complete within sixty (60) working days from the issuance of the Notice to Proceed.
Time of Essence. Time is of the essence in the performance of this Agreement.
Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
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, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than October 7, 2026, unless the parties mutually agree in writing to extend the term, D-29
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.
CITY reserves the right to review any and all of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.
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 ❑f 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 D-30
shall apply separately to each project. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. if contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
• Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract' shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f' definition of insured contract in ISO form CG 00 01, or equivalent). • The insurance provided to the additional insureds shall be primary to, and non- contributory with, any insurance or self-insurance program maintained by them. • The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance. • Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named D-31
• 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.
G. Documentation
• The Certificate of Insurance shall include the following reference: FY 2024-2025 RESIDENTIAL STREET REHABILITATION PRQJECT, CITY PRQJECT NO. 26-104
• 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 D-33
EXHIBIT D
CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:
A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.
Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim_ The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.
Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor, The City and contractor may waive the requirement to mediate but cannot otherwise waive these claim procedures.
D-35
ACCDRD
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DOrYYYY)
9118/2025
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(les) 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
Acrisure Southwest Partners Insurance Services, LLC
611 Anton Blvd., Suite #1400
Costa Mesa, CA 92626
www.patrisk_C4m 0K07568
C
NAME: Annette Romero
PHONE -I FAX
(AAA.. Eel); 949-486-7904 c, No
E-M 1(a
ADDRESS, aromero(87acrisure.cam
_ INSURER(S) AFFORDING COVERAGE
NAIL N
INsuR€RA: Travelers Property Casualty Company of America 25674
INSURED
R. J. Noble Company
15505 Lincoln Avenue
P.O. Box 620
Orange CA 92856-9020
INSURER B :
INSURER C:
INSURE 0 :
INSURER E :
INSURER F
COVERAGES
CERTIFICATE NUMBER: 87225583
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,
ADOL
IN SD
SUER
wVq
POLICY NUMBER
POLICY EPP
(MMiOOITYYY)
POLICY E7(P
IMMIO°'YYYYI
LIMITS
A
.
COMMERCIAL
GENERAL LIABILITY
OCCUR CLANS -MADE
1 ✓
VTJ-EXGL-9F338142-TIL-25
70/2025
7/1/2026
EACH OCCURRENCE
S 1 000000
-iAMA E•TO REWEIS
PREMISES (Ea occurrence)
$1,000,000
MED EXP (Any one person)
5 5,000
1 Contractual Liability
PERSONAL & ADV INJURY
51 000,000
GE
-
AGGREGATE LIMIT APPUES PER:
POLICY r ✓ I Te- E LOC
OTHER-
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS- COMP/OPAGG
$2 000 000
5 A
AUTOMOBILELIASILITY
✓
_
�!
ANY AUTO
CUNEp
AUTOS ONLY
HIRED
AUTOS ONLY
�
SCHEDULED
AUTOS
NON•OwNED
AUTOS ONLY
J
VTC2E-CAP-9F338154-TCT25
711/2025
7/1/2026
COMBINEDiSINGLELIMIT
$2 0,000
00 BODILY INJURY (Par person)
$
BODILY INJURY (Per accident)
$
fsOPE-RTY DAMAGE 5
(Per accident)
5 A
—
✓
UMBRELLA LIAB
EXCESS LIAR
_t/
OCCUR
CLANS -WOE
✓
i
CUP -4R630963-24.25
Policy Follows Form Over
Underlying General Liao.
7/1/20255
7/1/2026
EACHOCCURRENCE
510,000,400
S 10.000,000
AGGREGATE
DED
RETENTIONS
5 A
WORKERS COMPENSATION
EMPLOYERS' LIABILITY
OFF RO RIET R EXCLUbEEXECUTIVE
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y1 N
N
N 1 A
✓
UB-7N939386-25-25-K
7/1/2025
7/1/2026
-" gTATUTE OTH-
ER
E.L. EACH ACCIDENT
51,000,000
51,000.000
E.L.CISEASE -EA EMPLOYEE
E.L. DISEASE • POLICY LIMIT
s 1 000,000
A
Auto Physical Damage
VTE-BAP-9F338166-TCT25
7/1/2025
7/1/2026
$10,000 Ded Comp & Collision
DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES IACORD ioi, Additional Remarks Schedule, may ba attached it more apace is required) Re: FY 2024-2025 Residential Street Rehabilitation 1 City Project #26-104 City of Placentia, its officers, employees, representatives, attorneys, and volunteers are named as Additional Insured as respects to General Liability and Auto Liability per endorsement attached where required by written contract. Coverage is Primary and Non-contributory and Waiver of subrogation applies and in favor of Additional Insureds- Excess/Umbrella follows form over GI-, Auto and EL. 30 days notice Of cancellation, 10 days for non-payment of premium.
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.
AUTHORIZED REPRESENTATIVE
Dave Jacobson
C 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD narne and logo are registered marks of ACORD a -r2255113 25/26 OL/ALI/EX0/Hc I F.ranott.s Kumar? I e/19/2n y 12:39,33 'M taozl I Pagr I of 11
VTJ-EXGL-9F338142-T1L-25
R. J. Noble Company
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS
The following is added to SECTION II — WHO IS AN
INSURED:
Any person or organization that you agree in a
written contract or agreement to include as an
additional insured on this Coverage Part is an
insured but only:
a. With respect to liability for "bodily injuryi' or
"property damage" that occurs, or for "personal
injury" caused by an offense that is committed.
subsequent to the signing of that contract or
agreement and while that part of the contract or
agreement is in effect; and
b. If, and only to the extent that, such injury or
damage is caused by acts or omissions of you or
your subcontractor in the performance of "your
work" to which the written contract or agreement
applies. Such person or organization does not
qualify as an additional insured with respect to
the independent acts or omissions of such
person or organization.
The insurance provided to such additional insured is
subject to the following provisions:
a. If the Limits of Insurance of this Coverage Part
shown in the Declarations exceed the minimum
limits required by the written contract or
agreement, the insurance provided to the
additional insured will be limited to such
minimum required limits. For the purposes of
determining whether this limitation applies, the
minimum limits required by the written contract or
agreement will be considered to include the
minimum limits of any Umbrella or Excess
Iiabiliiy coverage required for the additional
insured by that written contract or agreement.
This provision will not increase the limits of
insurance described in Section Ill — Limits Of
Insurance.
b. The insurance provided to such additional
insured does not apply to:
CG D2 46 0419
(1)
Any "bodily injury" "property damage" or
"personal injury' arising out of the providing,
or failure to provide. any professional
architectural, engineering or surveying
services, including:
(a) The preparing, approving, or failing to
prepare or approve. maps, shop
drawings, opinions, reports, surveys,
field orders or change orders, or the
preparing, approving, or failing to
prepare or approve. drawings and
specifications: and
(b) Supervisory, inspection, architectural or
engineering activities.
(2) Any "bodily injury" or "properly damage"
caused by "your work" and included in the
"products -completed operations hazard"
unless the written contract or agreement
specifically requires you to provide such
coverage for that additional insured during
the policy period.
c. The additional insured must comply with the
following duties:
(1) Give us written notice as soon as practicable
of an "occurrence" or an offense which may
result in a claim. To the extent possible. such
notice should include:
(a) Flow, when and where the "occurrence"
or offense took place;
(b) The names and addresses of any injured
persons and witnesses; and
(c) The nature and location of any injury or
damage arising out of the "occurrence"
or offense.
(2) If a claim is made or "suit" is brought against
the additional insured:
0 201 a The Travelers Indemnity Company. All rights reserved.
97225561 2s/76 • 5L,AU/xxcfwe I Annette Romero 1 9/16/3025 12,90:33 PM {PUT] I Page 2 of 14
COMMERCIAL GENERAL LIABILITY
(a) Immediately record the specifics of the
claim or "suit' and the date received: and
(b) Notify us as soon as practicable and see
to it that we receive written notice of the
claim or "suit" as soon as practicable.
(3) Immediately send us copies of all legal
papers received in connection with the claim
or "suit", cooperate with us in the
investigation or settlement of the claim or
defense against the "suit", and otherwise
comply with all policy conditions,
(4) Tender the defense and indemnity of any
claim or "suit" to any provider of other
insurance which would cover such additional
insured for a loss we cover. However, this
condition does not affect whether the
insurance provided to such additional
insured is primary to other insurance
available to such additional insured which
covers that person or organization as a
named insured as described in Paragraph 4.,
Other insurance, of Section IV — Commercial
General Liability Conditions.
© 2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 04 19 8'7335583 1 35/26 OL/AU/EYC/WC I Annetce Romero 1 9/16/3078 1]:76:73 Pm (PDT1 I Page 3 of 11
R. J. Noble Company
POLICY NUMBER: VTJ-EXCL-9F338142-TIL-25 ISSUE DATE: 9/18/2025
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION - DESIGNATED
ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE OF DESIGNATED ADDITIONAL INSUREDS
PROVISIONS
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to an
additional insured under your policy that is shown in
CG D8 84 04 20
the Schedule Of Designated Additional Insureds
provided that:
(1) The additional insured is a Named insured under
such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to the additional insured.
O 2020 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
81225888 1 25/46 GLYAJ/117W/We I Annette acme= i 9/18/2925 12,38,33 2M (2011 1 289e 1 ❑f 14
R. J. Noble Company
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: VTJ-EXGL-9F338142-TIL-25 ISSUE DATE; 07/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE - DESIGNATED ADDITIONAL
INSUREDS - PRIMARY WITH RESPECT TO CERTAIN
OTHER INSURANCE
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE OF DESIGNATED ADDITIONAL INSUREDS
PROVISIONS
The following is added to Paragraph 4.a., Primary
Insurance, of SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS:
The insurance afforded under this Coverage Part to
any additional insured shown in the Schedule Of
CG D4 26GZ 19
Designated Additional Insureds is primary to any of
the other insurance, whether primary, excess,
contingent or on any other basis, that is available to
such additional insured which covers such additional
insured as a named insured, and we will not share
with that other insurance,
2017 The Travelers Indemrdly Company. All tights reserved.
Includes copytlghted material of Insurance Services Office, Inc. with its permission.
372Syyea 1 2S/2d • GL/All/�CXC/NC i Annette, komr.tb 1 9/1Pf2a75 17:36:33 pm Intl I Wage a of ld
VTJ •EXCL•9F338142-TIL-25
. J. Noble Company
07/01/2025
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However. coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. Who Is An Insured — Unnamed Subsidiaries
B. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Operations
PROVISIONS
A. WHO IS AN INSURED — UNNAMED
SUBSIDIARIES
The following is added to SECTION II — WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership,
joint venture or limited liability company, that is
not shown as a Named Insured in the
Declarations is a C.1arned Insured if:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy period;
and
b. Suet► subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured for "bodily injury"
or "property damage" that occurred, or "personal
and advertising injury" caused by an offense
committed:
a. Before you maintained an ownership interest
of more than S0% in such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section II -- Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
CG t}3 16 0219
C.
D.
E.
F.
Incidental Medical Malpractice
Blanket Waiver Of Subrogation
Contractual Liability — Railroads
Damage To Premises Rented To You
a. An organization other than a partnership, joint
venture or limited liability company; or
b. A trust;
as indicated in its name or the documents that
govern its structure.
B. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS OR
AUTHORIZATIONS RELATING TO OPERATIONS
The following is added to SECTION Il -- WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for "bodily injury" "property damage" or "personal and
advertising injury" arising out of such operations.
The insurance provided to such governmental
entity does not apply to:
a. Any "bodily injury', "property damage" or
"personal and advertising injury" arising out of
operations performed for the governmental
entity; or
b. Any "bodily injury" or "property damage"
included in the "products -completed
operations hazard".
2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office. Inc.. with Its permission. ef23ss93 I 25/26 - cL/AWhxc/WC I Annecce Romero I 9/13/20ati i]:a9:1a PM 6 , , i i
COMMERCIAL GENERAL LIABILITY
C. INCIDENTAL MEDICAL MALPRACTICE
1. The following replaces Paragraph b. of the
definition of 'occurrence" in the
DEFINITIONS Section:
b. M act or omission committed in providing
or failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to a person, unless you are in
the business or occupation of providing
professional health care services.
2. The following replaces the last paragraph of
Paragraph 2.a.(1) of SECTIQN II — WHO IS
AN INSURED:
Unless you are in the business or occupation
of providing professional health care services,
Paragraphs (1)(a), (b), (c) and (d) above do
not apply to "bodily injury" arising out of
providing or failing to provide:
(a)
"Incidental medical services" by any of
your "employees' who is a nurse, nurse
assistant, emergency medical technician
or paramedic; or
(b) First aid or "Good Samaritan services" by
any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such 'employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION III — LIMITS OF
INSURANCE:
For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide 'incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed to
be one "occurrence".
4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I —
COVERAGES COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of, the insured.
5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
instruction, or the related furnishing of
food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis, that
is available to any of your "employees" for
"bodily injury" that arises out cif providing or
failing to provide "incidental medical services"
to any person to the extent not subject to
Paragraph 2.a.(1) of Section II — Who Is An
Insured,
D. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph S., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If the insured has agreed in a contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person or
organization, but only for payments we make
because of:
a. "Bodily injury' or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the execution of the contract or
agreement.
E. CONTRACTUAL LIABILITY.- RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;
02417 The Travetert Indemnty Company, All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, InC,, with its permission, 07225ti9.3 1 25/26 GL/AU/6%C/WC I Annette komrro 1 9/18/2425 12:36.33 PM PIT Pege 'i PE 14
V TC2 E-CAP-9F338154-TCT-25
R. 1 Noble Company COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
GENERAL_ DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage fcr any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE — GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured. of SECTION 0 — LIABILITY
COVERAGE:
Any organization you newly acquire or to=
during the policy period over which you maintain
SO% or more ownership interest and that is nol
separately insured for Business Auto Coverage_
Coverageunder 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. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured. of SECTION II — LABILITY
COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury or "property damage" occurs and
that is in effect during the policy period, to name
CA T3 53 08 17
H.
J.
K.
L.
M.
N.
HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
PERSONAL EFFECTS
AIRBAGS
NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
BLANKET WAIVER OF SUBROGATION
UNINTENTIONAL ERRORS OR OMISSIONS
as an additional insured far Liability Coverage,
but only for damages to which this insurance
applies and only to the extent of that person's or
organization's liability for the conduct of another
"insured".
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph k1.,
Who Is An Insured, of SECTION II —
LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in that "employee's"
name, with your permission, while performing
duties related to the conduct of your
business.
2. The following replaces Paragraph h. in B.5.,
Other Insurance, of SECTION IV —
BLUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage
Coverage, the following are deemed to be
covered "autos" you own:
CO 2016 The Travelers Indemnity Company. Afl rights reserved. includes copyrighted material or Insurance Services OFiire. Inc. with Its permission
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COMMERCIAL AUTO
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
that individual "employee's" name,
with your permission, while
performing duties related to the
conduct of your business.
However, any "auto' that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured. of SECTION II — LIABILITY
COVERAGE:
Any "employee" of yours is an "insured" while
using a covered 'auto" you don't own, hire or
borrow in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2),
of SECTION tI — LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds
(including bonds for related traffic law
violations) required because of an
"accident' we cover. We do not have to
furnish these bonds.
2. The following replaces Paragraph A.2.a.(4),
of SECTION II — LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" a1 our request. including actual
loss of earnings up to S500 a day
because of time off from work.
F. HIRED AUTO - LIMITED WORLDWIDE
COVERAGE - INDEMNITY BASIS
The following replaces Subparagraph e. in
Paragraph B.7., Policy Term, Coverage
Territory, of SECTION IV - BUSINESS AUTO
CONDITIONS:
e. Anywhere in the world, except any country or
jurisdiction while any trade sanction.
embargo, or similar regulation imposed by the
United States of America applies to and
prohibits the transaction of business with or
within such country or jurisdiction, for Liability
Coverage for any covered "auto" that you
lease, hire, rent or borrow without a driver for
a period of 30 days or less and that is not an
"auto" you lease, hire, rent 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.
(1)
(2)
(3)
With respect to any claim made or "suit"
brought outside the United States of
America, the temtories and possessions
of the United States of America, Puerto
Rico and Canada:
(a)
You must arrange to defend the
"insured" against, and investigate or
settle any such claim or "suit" and
keep us advised of all proceedings
and actions.
(b) Neither you nor any other involved
"insured" will make any settlement
without our consent.
We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(d) We will reimburse the "insured":
(i) For sums that the "insured"
legally must pay as damages
because of "bodily injury" or
"property damage" to which this
insurance applies, that the
"insured" pays with our consent,
but only up to the limit described
in Paragraph C., Limit Of
Insurance, of SECTION II -
LIABIUTY COVERAGE;
(ii) For the reasonable expenses
incurred with our consent for your
investigation of such claims and
your defense of the "insured"
against any such "suit", but only
up to and included within the Iirn
described in Paragraph C., Limit
Of Insurance, of SECTION II —
LIABILITY COVERAGE. and not
in addition to such limit_ Our duty
to make such payments ends
when we have used up the
applicable limit of insurance in
payments for damages.
settlements or defense expenses_
this insurance is excess over any valid
and collectible ether insurance available
to the "insured" whether primary, excess
contingent or on any other basis.
This insurance is not a substitute for
required or compulsory insurance in any
country outside the United States, its
(c)
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COMMERCIAL AUTO
territories and possessions, Puerto Rico
and Canada.
You agree to maintain all required or
compulsory insurance in any such
country up to the minimum limits required
by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory
insurance requirements.
(4) It is understood that we are not an
admitted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and
Canada. We assume no responsibility for
the furnishing of certificates of insurance,
or for compliance in any way with the
laws of other countries relating to
insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D.,
Deductible, of SECTION III — PHYSICAL
DAMAGE COVERAGE:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of
Paragraph A.4.b., Loss Of Use Expenses, of
SECTION III — PHYSICAL DAMAGE
COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
The following replaces the first sentence in
Paragraph A.4.a., Transportation Expenses, of
SECTION 11I - PHYSICAL DAMAGE
COVERAGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense
incurred by you because of the total theft of a
covered "auto" of the private passenger type,
J. PERSONAL EFFECTS
The following is added to Paragraph A.4.,
Coverage Extensions, of SECTION III —
PHYSICAL DAMAGE COVERAGE:
CA T3 63 08 17
Personal Effects
We will pay up to $400 for "loss" to wearing
apparel and other personal effects which are:
(1) Owned by an "insured"; and
(2) In or an your covered "auto".
This coverage applies only in the event of a total
theft of your covered "auto".
No deductibles apply to this Personal Effects
coverage_
K. AIRBAGS
The following is added to Paragraph B.3.,
Exclusions, of SECTION III -- PHYSICAL
DAMAGE COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that
inflate due to a cause other than a cause of "lass"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for
Comprehensive Coverage under this policy;
b. The airbags are not covered under any
warranty: and
c. The airbags were not intentionally inflated_
Wewill pay up to a maximum of $1,000 for any
one "loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized
representative prompt notice of the "accident" or
"loss" applies only when the "accident" or 'loss" is
known to:
(a) You (if you are an individual);
(b) A partner (if you area partnership);
(c) A member (if you are a limited liability
company):
(d) An executive officer, director or insurance
manager (it you are a corporation or other
organization); or
(e) Any "employee" authorized by you to give
notice of the "accident" or "loss".
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO
CONDITIONS:
201E The Travelers Indernntty Company. All rights reserved.
Includes copyrighted material of Insurance Services Office. Inc. With its permission
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COMMERCIAL AUTO
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the
extent required of you by a written contract
signed and executed prior to any "accident"
or "loss", provided that the "accident' or "loss's
arises out of operations contemplated by
such contract. The waiver applies only to the
person or organization designated in such
contract.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2.,
Concealment, Misrepresentation, Or Fraud, of
SECTION IV — BUSINESS AUTO CONDITIONS:
The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance_
Howeverthis provision does not affect our right to
collect additional premium or exercise our right of
cancellation or non -renewal.
ep 2016 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office. Inc. with its permission CA T3 53 08 17
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TRAVELERS
OHE TOWER SQUARE
HARTFORD, CT 06183
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 0003 13 (00)-oi
POLICY NUMBER: UB-7N939386-25-25-K
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone iiabie for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit any one not named In the Schedule.
SCHEDULE
DESIGNATED PERSON:
DESIGNATED ORGANIZATION:
ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH
THIS WAIVER.
DATE OF ISSUE: 9/18/2025
ST ASSIGN:
87228583 I 25/26 GL/ALI/eXC/14C I Anro,tt4 I 9/18/2221 12;]8:]7 LM [PUT) I Pn9r. 15 a! 14
Amendment 1- Cost Breakdown
Construction Contract Amount Breakdown
Cost
Original Contract Amount
$ 1,972,915.05
10% Approved Contract Contingency Amount
$ 197,291.51
Budget Amount Needed for Additional Work over 10% Approved Contingency $ 143,401.03
Final Revised Contract Sum
$ 2,313,607.58
Contingency Scope of Work
Cost
Additional Concrete (R&R Sidewalk and Curb/Gutter from Tree Damage) $ 106,910.00
Additional Material Overages
$ 3,418.29
Additional Excavation and AC (R&R for Unsuitable/Soft Subgrade) $ 108,884.24
Fire Station Parking Lot Paving
$ 85,980.00
Drainage Structure Repairs (deferred maintenance)
$ 35,500.00
All Change Order Costs
$ 340,692.53
10% Approved Contract Contingency Amount
$ 197,291.51
Additional Concrete (Approved CCO)
$ 106,910.00
Additional Material Overages (Approved CCO)
$ 3,418.29
80% ofAdditional Excavation and AC (Pending CCO Approval) $ 86,963.21
Budget Amount Needed for Additional Work over 10% Approved Contingency $ 143,401.03
20% of Additional Excavation and AC (Pending CCO Approval) $ 21,921.03
Fire Station Parking Lot Paving (Pending CCO Approval)
$ 85,980.00
Drainage Structure Repairs (deferred maintenance) (Pending CCO Approval) $ 35,500.00
172
Agenda Item No: 1.g
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: April 21, 2026
Submitted by: Andrew Gonzales
From: Development Services
Subject:
CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 19467 FOR THE SUBDIVISION OF A 2.72 -ACRE PROPERTY TO CREATE 75 RESIDENTIAL CONDOMINIUM UNITS, INCLUDING FIVE LIVE -WORK UNITS, LOCATED AT 777 W.
ORANGETHORPE AVENUE AND 776 S. PLACENTIA AVENUE (APN 339-112-27) Financial Impact:
Fiscal Impact:
$1,657,634 Development Impact Fees
Summary:
Placentia Municipal Code (PMC) Section 22.72.002 requires a Tract Map for all subdivisions of five (5) or more parcels, and PMC Section 22.72.060(c) requires the Planning Commission to recommend approval, conditional approval, or denial of a subdivision map to the City Council.
At its meeting held on March 10, 2026, the Planning Commission voted 4-1-1 (Navarro, no; Rocke, absent) to recommend approval of Vesting Tentative Tract Map No. VTTM 19467 to the City Council. At the same meeting, the Planning Commission also reviewed and approved Development Plan Review No. DPR 2025-03 to permit the development of eleven (11) three- story, townhome-style buildings consisting of 75 residential condominium units, including five (5) live -work units, on a previously developed 2.72 -acre site located at 776 S. Placentia Avenue and 777 W. Orangethorpe Avenue.
In accordance with PMC Section 23.75.010(A), DPR 2025-03 does not require City Council approval and is therefore not part of the City Council's consideration. However, pursuant to PMC Section 22.72.070, City Council approval is required for Tentative Tract Maps, including those Vesting Maps.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Find that Vesting Tentative Tract Map No. VTTM 19467 is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.66 (AB 130 — Infill Housing Development Projects); and
2. Adopt Resolution No. R-2026-17, A Resolution of the City Council of the City Of Placentia, California, adopting the California Environmental Quality Act ("CEQA") Statutory Exemption, California Public Resources Code § 21080.66 (Ab 130 — Infill 173
Housing Development Projects), and approving Vesting Tentative Tract Map No. VTTM 19467 for the subdivision of the subject property for the purpose of creating 75 residential condominium units on a 2.72 -acre previously developed site, on property located at 777 W. Orangethorpe Avenue and 776 S. Placentia Avenue (APN 339-112- 27).
Strategic Plan Statement:
This item is consistent with the City Council's adopted Strategic Goal No. 1 (Fiscal Sustainability), Goal No. 3 (Infrastructure, Facilities & Public Spaces), and Goal No. 4 (Economic Development).
The proposed redevelopment of a long -vacant automobile dealership site with new residential townhome and live -work units represents reinvestment in an underutilized commercial corridor property. The project introduces new housing opportunities, private capital improvements, and long-term property value stabilization along the Placentia Avenue and Orangethorpe Avenue intersection. Redevelopment of the site will generate ongoing property tax revenue, increase assessed valuation and contribute to the City's overall fiscal stability.
Additionally, the project replaces an aging, vacant commercial structure with new residential buildings, landscaped open space, pedestrian paseos, and enhanced site improvements.
These physical upgrades support the City's broader objective of maintaining attractive, well- appointed development along major corridors.
The inclusion of live -work condominium units oriented toward Orangethorpe Avenue further contributes to corridor activation and supports small-scale entrepreneurial activity, aligning with the City's goal of fostering a vibrant and economically active community.
Discussion:
Subject Site and Surrounding Land Uses
The subject property is located at the northeast corner of S. Placentia Avenue and W.
Orangethorpe Avenue and is currently developed with a vacant automobile dealership building and associated surface parking areas. The site has remained vacant since 2018 and is situated within an established urban corridor characterized by a mix of commercial, industrial, office, and residential land uses. Surrounding uses include commercial and service -oriented uses to the south, industrial and office uses to the east and north, and additional industrial and commercial uses within the City of Fullerton to the west. The proposed project involves the redevelopment of the site with a 75 -unit residential townhome condominium development, including five (5) live -work units, which is consistent with the evolving land use pattern of the surrounding area.
Applicable Code Sections — Placentia Municipal Code
Pursuant to PMC Section 22.72.002, a Tentative Tract Map is required for subdivisions consisting of five (5) or more parcels. PMC Section 22.72.060(c) requires the Planning Commission to review such applications at a noticed public hearing and provide a recommendation to the City Council. In accordance with PMC Section 22.72.070, final approval authority for Tentative Tract Maps rests with the City Council. Accordingly, Vesting Tentative Tract Map No. 19467 is before the City Council for consideration following a recommendation of approval by the Planning Commission.
Subdivision (VTTM) Analysis
174
The proposed Vesting Tentative Tract Map No. 19467 establishes a condominium subdivision for the purpose of creating 75 residential ownership units. The subdivision is structured as a single underlying parcel with individual airspace condominium units and associated common areas, including private streets, open space areas, and shared infrastructure. The proposed map does not alter the exterior boundary of the property or create separate fee -simple lots; rather, it establishes a legal framework for individual ownership of residential units within a common interest development. The subdivision is consistent with the requirements of Title 22 of the Placentia Municipal Code and is compatible with the proposed residential development approved under Development Plan Review No. DPR 2025-03.
Zoning and Specific Plan Consistency
The project site is located within Specific Plan No. 5 (SP -5), which establishes permitted land uses and development standards for the property. The proposed residential townhome development is consistent with the applicable SP -5 standards, including density, building height, setbacks, and parking requirements. The project provides a density of approximately
27.6 dwelling units per acre, which falls within the permitted range of 15 to 95 dwelling units per acre established under Zoning Code Amendment No. 2024-01. The proposed building height, site layout, and development intensity comply with the applicable provisions of SP -5 and the Placentia Municipal Code. No General Plan Amendment or Specific Plan Amendment is required for the proposed development.
General Plan Consistency
The proposed project is consistent with the goals and policies of the City's General Plan, including the Land Use, Housing, Mobility, and Economic Development Elements. The project redevelops a previously developed and underutilized site with a residential townhome community that provides ownership housing opportunities, including multiple two and three - bedroom units suitable for larger households. The development supports infill development objectives, promotes efficient use of existing infrastructure, and contributes to the City's overall housing supply. Additionally, the inclusion of live -work units supports small-scale economic activity along a major corridor.
Planning Commission Action
At its meeting held on March 10, 2026, the Planning Commission considered Development Plan Review No. DPR 2025-03 and Vesting Tentative Tract Map No. 19467. Following consideration of the staff report and public testimony, the Planning Commission adopted Resolution No. PC -2026-04 approving DPR 2025-03 and adopted Resolution No. PC -2026-05 recommending that the City Council approve Vesting Tentative Tract Map No. 19467. The Planning Commission voted to recommend approval of the VTTM was 4-1-1 (Navarro, no; Rocke, absent).
Environmental Determination
The proposed project qualifies for a Statutory Exemption from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080.66 (Assembly Bill 130 — Infill Housing Development Projects). The project is located on a previously developed site within an urbanized area and meets all applicable criteria for the exemption. Accordingly, no further environmental review is required.
Conclusion
The proposed subdivision was reviewed by the Planning Division, Building & Safety Division, Public Works Department, Police Department, and Fire and Life Safety Department. Based on 175
this review, recommended conditions of approval and standard development requirements have been incorporated into the draft resolution for City Council consideration. These conditions are intended to ensure compliance with applicable municipal regulations and to address site design, infrastructure, and operational considerations associated with the development. It should be noted that the Planning Commission adopted Resolution No. PC - 2026 -04 related to Development Plan Review No. DPR 2025-03 on March 10, 2026. This Resolution also includes conditions of approval to ensure compliance with applicable municipal regulations and to further address site design, infrastructure, and operational considerations associated with the development.
Attachments
1._ Resolution_ R-2026-17_VTTM_19467.docx
2. PC Resolution No. 2026-04.pdf
3. VTTM 19467 Subdivision Map & Project Plans.pdf
4. PC Staff Report 777 Placentia TH.pdf
176
RESOLUTION NO. R-2026-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLACENTIA,
CALIFORNIA, ADOPTING THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT ("CEQA") STATUTORY EXEMPTION, CALIFORNIA
PUBLIC RESOURCES CODE § 21080.66 (AB 130 - INFILL HOUSING
DEVELOPMENT PROJECTS), AND APPROVING VESTING TENTATIVE
TRACT MAP NO. VTTM 19467 FOR THE SUBDIVISION OF THE
SUBJECT PROPERTY FOR THE PURPOSE OF CREATING 75
RESIDENTIAL CONDOMINIUM UNITS ON A 2.72 -ACRE PREVIOUSLY DEVELOPED SITE, ON PROPERTY LOCATED AT 777 W.
ORANGETHORPE AVENUE AND 776 S. PLACENTIA AVENUE (APN
339-112-27)
A. Recitals.
WHEREAS, On March 10, 2026, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, recommending to the City Council of the City of Placentia, approval of Vesting Tentative Tract Map No. VTTM 19467 for the property located at 777 W. Orangethorpe Avenue and 776 S. Placentia Avenue; and
WHEREAS, The Planning Commission heard testimony, received a report and other relevant information from City staff and members of the public including Gilad Ganish, representing Orangethorpe Investments Partners, LLC ("Applicant" hereinafter), regarding a Vesting Tentative Tract Map application; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this City Council with regard to the Application, including written staff reports, verbal testimony and development plans, the City Council hereby specifically finds as follows:
a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. Subject to compliance with the Resolution No. R-2026-17
177
attached Conditions of Approval set forth in Attachment "A" of this Resolution and by this reference incorporated herein and Standard Development Requirements, the project complies with all applicable code requirements and development standards of Specific Plan No. 5 (SP -5) for Parcel No. 9 and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC); and,
b. The proposed use is consistent with the City's General Plan.
The General Plan Land Use designation for the subject site is "Specific Plan", and the proposed use does not involve any change in the land use of the subject site. The proposed project involves the development of the 75 -unit residential condominium townhomes, including five live -work units; and,
c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.105, Specific Plan 5, of the PMC. City Staff carefully examined the proposed development against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed Development approval includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements; and,
d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this development approval. Attachment "A" contain Conditions of Approval and Standard Development requirements specific to this development application in order to provide assurances that the proposed construction of the residential development project and; and related on and off -site improvements are in compliance with applicable requirements of the PMC, and,
e. That the proposed map is consistent with the General Plan.
The proposed Vesting Tentative Tract Map is to support the construction of 75 -unit residential condominium townhomes, including five live -work units on the site. The proposed residential development is consistent with all policies, programs, and goals of the General Plan; and,
f. That the site is physically suitable for the type of development.
The subject site is a 2.72 -acre parcel, which has been designed to accommodate the development, as well as sufficient parking and landscaping. Based on this, the subject site is adequate to accommodate the proposed townhome residential condominium project with live -work units; and,
g. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision is to allow the formation and subdivision of 75 residential condominium townhome units, which includes five live -work units, within the City of Placentia that will accommodate 11 residential townhome style buildings; and,
Resolution No. R-2026-17
178
h. That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. As part of the review of the application, an extensive records search was completed. Additionally, the applicant submitted property documentation verifying all easements and encumbrances affecting the property as part of the application materials. Although easements have been identified, they are primarily for utility access purposes, and most will be protected in place and will not be altered by construction of the project; and,
i. That the design of the subdivision or the proposed
improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is a previously developed car dealership property containing old and poorly maintained buildings, along with limited vegetation. There are no known areas on or adjacent to the site that support wildlife or sensitive habitat, including special -status species; and, j. The intent of the SP -5 zoning district is to provide sites for uses that, through their respective characteristics, serve and cater to the broader community. The proposed project will be integrated into an existing developed area containing a diverse mix of commercial, quasi -residential uses such as hotels, and light industrial uses. The applicant has designed the residential development in a manner that advances the goals and policies of the General Plan and Zoning Code while avoiding significant impacts to adjacent properties through thoughtful site planning, appropriate building placement, and quality architectural design. Furthermore, the proposed project will enhance the surrounding streetscape through the incorporation of trees located behind the sidewalk within private landscaping areas, decorative ground -level landscaping, and articulated building elevations, thereby creating a visually appealing environment for motorists, pedestrians, and residents traveling along both Placentia Avenue and Orangethorpe Avenue; and,
k. The proposed development's site plan and its design features, including architecture and landscaping, are consistent with the General Plan, and will integrate harmoniously with and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City; and, Section 3. The City Council of the City of Placentia finds that VTTM 19467 is statutorily exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code § 21080.66 (AB 130 — Infill Housing Development Projects) as the project qualifies as a residential infill development located on an urbanized and previously developed site that is less than 20 acres in size, is consistent with the applicable General Plan and zoning designation, and does not contain any environmentally sensitive habitat areas; and,
a. The City Council finds and determines that, based upon the findings set forth above and below, and changes and alterations which have been Resolution No. R-2026-17
179
incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
b. The City Council finds that facts supporting the above - specified findings are contained in the staff report and exhibits, and the information provided during the public hearing conducted with respect to the Application.
Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves Vesting Tentative Tract Map No. VTTM 19467, as modified herein, and specifically subject to the conditions set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) attached hereto and by this reference incorporated herein.
APPROVED and ADOPTED this 21st day of April 2026.
Chad P. Wanke, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 21St day of April 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Attachment A: Special Conditions of Approval for Vesting Tentative Tract Map No. VTTM 19467 at 777 W. Orangethorpe Avenue & 776 S. Placentia Avenue (APN 339-112-27) Resolution No. R-2026-17
180
Attachment "A"
Special Conditions of Approval for
Vesting Tentative Tract Map No. VTTM 19467
777 W. Orangethorpe Avenue & 776 S. Placentia Avenue
(APN 339-112-27)
SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE DEVELOPMENT PLAN REVIEW TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION:
1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said actions by the City of Placentia Planning Commission.
2. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision -making body or City staff action concerning applicant's project.
The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
3. Approval of VTTM 19467 and the final map is contingent upon City Council Approval.
4. VTTM 19467 shall expire twenty-four (24) months after approval or conditional approval if a final map is not recorded. Upon written request, by the developer, the time limit may be extended to an additional twelve (12) months by City Council.
5. A final map shall be prepared by or under the direction of a registered Civil engineer or licensed land surveyor in the State, as provided for in the Business and Professions Code.
Resolution No. R-2026-17
181
6. VTTM 19467 shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code, unless otherwise authorized herein.
7. Any modifications to the approved floor plan/site plan and any modifications which will change, expand or intensify the use shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such modifications require approval by the Placentia Planning Commission or may be approved administratively by City staff.
8. Prior to final release of the residential units for occupancy, all Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved for their respective portion.
9. The approval of Vesting Tentative Tract Map No. VTTM 19467 shall be contingent upon approval of Development Plan Review No. DPR 2024-01 and Use Permit No.
UP 2024-07. In the event the VTTM is denied, approval of any of the aforementioned DPR and UP entitlements shall be deemed to be null and void. In the event the DPR and UP are denied, VTTM 19467 shall be deemed null and void.
10. Comply with all applicable conditions of approval of DPR 2025-03.
PUBLIC WORKS - ENGINEERING DIVISION:
11. Provide Signature block for City Engineer: License Number: C82756.
Final Map
12. Prior to recording the final map, the public improvement plans as required shall be signed by the City Engineer.
13. Provide a Bond Estimate for all improvements. Performance and Labor/Material bonds shall be processed as a part of the subdivision improvement agreement.
14. The subdivision improvement agreement must be processed before Final Map recordation in accordance with the Subdivision Map Act (Government Code Sections 66499).
Resolution No. R-2026-17
182
RESOLUTION NO. PC -2026-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PLACENTIA, CALIFORNIA, ADOPTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA")
STATUTORY EXEMPTION, CALIFORNIA PUBLIC
RESOURCES CODE § 21080.66 (AB 130 - INFILL HOUSING
DEVELOPMENT PROJECTS), AND ADOPTING
DEVELOPMENT PLAN REVIEW NO. DPR 2025-03 FOR
DEVELOPMENT OF 11 THREE-STORY, TOWNHOME-STYLE
BUILDINGS CONSISTING OF 75 RESIDENTIAL
CONDOMINIUM UNITS, INCLUDING FIVE LIVE -WORK UNITS,
ON A 2.72 -ACRE PREVIOUSLY DEVELOPED SITE,
LOCATED AT 777 W. ORANGETHORPE AVENUE AND 776 S.
PLACENTIA AVENUE (APN 339-112-27).
A. Recitals.
WHEREAS, Gilad Ganish, representing Orangethorpe Investment Partners, LLC, ("Applicant" hereinafter), regarding real property located 777 W. Orangethorpe Avenue and 776 S. Placentia Avenue (Attachment "A"), filed an application for approval of Development Plan Review No. DPR 2025-03, as described in the title of this Resolution.
Hereinafter, in this Resolution, the subject Development Plan Review request is referred to as the "Application"; and
WHEREAS, on March 10, 2026, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, and received a staff report and other relevant information from City staff and members of the public regarding the 75 -unit residential condominium townhome development with five live -work units, for the Development Plan Review Application; and WHEREAS, the Planning Commission heard testimony, received a report and other relevant information from City staff and members of the public regarding DPR 2025- 03 and VTTM 19467; and
WHEREAS, the Planning Commission finds that upon the date DPR 2025-03 is approved and in effect, previously approved Development Plan Review No. DPR 2021- 02 is hereby rescinded and null and void, and DPR 2025-03 is the only valid Development Plan Review entitlement related to the subject property; and.
WHEREAS, after careful consideration of all pertinent testimony and the staff report offered in the case, the Planning Commission voted to approve the "Application"; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Placentia as follows:
183
Section 1. Development Plan Review. The Planning Commission approves Development Plan Review No. DPR 2025-03, as modified herein, and specifically subject to the conditions set forth in Attachment "A" of this Resolution and by this reference incorporated herein. The development, as modified by the attached Conditions of Approval and Standard Development Requirements (Attachment "A"), meets the overall requirements of PMC Chapter 23.105 of the Zoning Code (SP -5 Development Standards) and PMC Chapter 23.75 (Development Plan Review). As such, the Planning Commission finds as follows:
a. The project meets or exceeds the criteria established in PMC Chapter 23.105 and Section 23.75.020. Specifically, it adheres to the minimum setbacks, parking requirements, maximum building height, and minimum and maximum density development standards. The size, scale, and site layout ensures that the project not only complies with but surpasses the established development standards by providing a well -integrated and sustainable development that meets the needs of the community.; and,
b. Conditions of Approval have been prepared as necessary to prevent: (A) detriment to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (B) injurious to the property or improvements within the neighborhood or within the city; and,
c. The proposed development will be consistent with the latest adopted General Plan Land Use designation of the project area of "Specific Plan" and the Parcel No. 9 allowable land uses of SP -5; and,
d. Conditions necessary to secure the purposes of Section 23.75.020, including guarantees and evidence of compliance with conditions, are made part of the development approval.
Section 2. Based upon the environmental review of the project, the Planning Commission finds that DPR 2025-03 is statutorily exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code § 21080.66 (AB 130 — Infill Housing Development Projects) as the project qualifies as a residential infill development located on an urbanized and previously developed site that is less than 20 acres in size, is consistent with the applicable General Plan and zoning designation, and does not contain any environmentally sensitive habitat areas.
Section 3. If any section, subsection, sentence, clause, or phrase of this resolution and/or the documents in support of this resolution is/are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution.
Section 4. The Planning Commission hereby directs that, upon approval of DPR 2025-03, that a Notice of Exemption shall be filed with the Orange County Clerk/Recorder.
Resolution No. PC -2026-04
184
Section 5. Based upon the findings and conclusions set forth herein, the Planning Commission hereby approves Development Plan Review No. DPR 2025-03 as modified herein, and specifically subject to the conditions set forth in Attachment "A" attached hereto and by this reference incorporated herein.
Section 6. Upon the date DPR 2025-03 is approved and in effect, previously approved Development Plan Review No. DPR 2021-02 is hereby rescinded and null and void, and DPR 2025-03 is the only valid Development Plan Review entitlement related to the subject property.
Section 7. The Secretary to the Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the applicant at the address of record set forth in the Application.
ADOPTED AND APPROVED THIS 10TH DAY OF MARCH 2026.
FRANK PEREZ, CHAIR
I, Joseph M. Lambert, Secretary to the Planning Commission of the City of Placentia, do hereby certify that the foregoing Resolution was introduced at a meeting of the Planning Commission of the City of Placentia held on the 10th day of March 2026, and was passed at the meeting of the Planning Commission of the City of Placentia held on the 10th day of March 2026, by the following vote:
AYES: COMMISSIONER MEMBERS: SMITH, GUERRERO, EVANS, PEREZ NOES: COMMISSIONER MEMBERS: NAVARRO
ABSENT: COMMISSIONER MEMBERS: ROCKE
ABSTAINED: COMMISSIONER MEMBERS: NONE
ATTEST:
JOSEPH M. LAMBERT, SECRETARY TO THE PLANNING COMMISSION Resolution No. PC -2026-04
185
APPROVED AS TO FORM:
CITY ATTORNEY
Attachment A: Conditions of Approval for Development Plan Review No. DPR 2025- 03 Resolution No. PC -2026-04
186
Attachment "A"
Special Conditions of Approval and Standard Development Requirements for Development Plan Review No. DPR 2025-03
777 W. Orangethorpe Avenue & 776 S. Placentia Avenue
(APN 339-112-27)
SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE DEVELOPMENT PLAN REVIEW TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION:
1. Development Plan Review No. DPR 2025-03 is valid for a period of twenty-four (24) months from the date of final determination, unless extended pursuant to Placentia Municipal Code (PMC) Section 23.75.080. If the development of the site and/or use approved by this action is not established by obtaining Building Permits within such a period of time, this approval shall be terminated and shall be null and void, unless an extension is applied for and approved.
2. Failure to abide by and faithfully comply with any and all conditions attached to this action, or with any federal, state, or local law, shall constitute grounds for revocation of said action by the City of Placentia Planning Commission.
3. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision -making body or City staff action concerning applicant's project. The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
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4. The site plan, floor plans, elevation plans, fire plan, conceptual grading plan, conceptual perspectives, and all associated architectural and civil drawings, including the colored renderings, dated received on March 4, 2026, shall be the conceptually approved design.
5. The five (5) live -work units shall be developed only in the specific locations and configurations reflected on the approved site plan and floor plans received and dated March 4, 2026, and maintained on file with the City of Placentia Planning Division. The approved plans shall serve as the controlling reference for the identification, orientation, and layout of the live -work units. Relocation, reconfiguration, reduction, or substitution of the approved live -work units, including modification of the ground -floor non-residential component, shall not occur unless first approved by the Development Services Director through a formal amendment to this entitlement and, if applicable, modification of the recorded live -work covenant. Building permit plan check submittals shall be consistent with the approved March 4, 2026, plan set identifying the live -work units. Any inconsistencies shall be referred to the Planning Division for review prior to permit issuance.
6. Any significant modifications to the approved site plan, floor plans, elevation plans, open space plan, fire plan, conceptual grading plan, conceptual perspectives, including any modifications which will change, expand, or intensify the use(s) shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such significant modifications require approval by the City of Placentia Planning Commission or may be approved administratively by City staff.
7. Prior to the issuance of Final Certificate of Occupancy, the applicant and/or property owner, and/or their designee shall submit a one-time payment of $17,000 as the applicant and/or property owner's fair share payment required for the City's preparation of a streetscape master plan and master planning for Specific Plan No. 5 (SP -5).
8. Developer and/or property owner shall be obligated to annex into the Community Facilities District No. CFD 2014-01 (Public Services), or any subsequently created Community Facilities District (CFD) (Public Services) pursuant to the provisions of California Government Code Section 53311, et seq. The required annexation pursuant to this condition of approval shall be on a per -building basis, consistent with and fully completed in accordance with California law prior to issuance of a final certificate of occupancy for each of the buildings, unless Developer opts to annex in sooner
9. Developer and/or property owner shall annex into the Landscape Maintenance District No. LMD 1992-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. The required annexation into LMD No. 1992-01 pursuant to this condition of approval shall be on a per -building basis, consistent with and fully Resolution No. PC -2026-03
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completed in accordance with California law prior to issuance of a final certificate of occupany for each of the buildings, unless Developer opts to annex in sooner.
10. Developer and/or property owner agrees to annex into the Street Lighting District No.
SLD 1981-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. The required annexation into SLD No. 1981-01 pursuant to this condition of approval shall be on a per -building basis, consistent with and fully completed in accordance with California law prior to issuance of a final certificate of occupany for each of the buildings, unless Developer opts to annex in sooner. 11 Prior to the issuance of any Final Certificates of Occupancy for the project, the property owner/applicant shall prepare, submit for City review and approval, and record with the Orange County Recorder an irrevocable covenant and agreement in a form acceptable to the Development Services Director and City Attorney.
The covenant shall run with each live -work Assessor's Parcel Number (APN) and be binding upon all successors, heirs, and assigns, and shall substantially be based on the following provisions:
a. The ground floor live -work space of each designated live -work unit shall be reserved and continuously maintained for a non-residential use. b. Permitted uses of the ground floor live -work space shall be limited to those allowed within the SP -5 zoning district and consistent with the project approvals. If the use requires a business license, occupant shall be required to obtain one from the City of Placentia.
c. Residential occupancy of the live -work unit shall be accessory to and subordinate to the approved commercial/work component.
d. The occupant shall not materially obstruct the view into the storefront. e. The covenant shall prohibit conversion of the ground -floor commercial space to exclusive residential use (i.e. bedroom) without prior City approval and amendment of the recorded covenant.
f. Any proposed live -work signage must comply with all applicable City of Placentia rules and regulations.
g.
No significant storage is permitted in the live -work area except for storage that is directly associated with the live -work use of the space. h. The covenant shall be enforceable by the City of Placentia.
Evidence of recordation of the approved covenant shall be submitted to the Planning Division and Building & Safety Division.
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12. Prior to issuance of building permits, except as otherwise noted, the following shall be completed:
a. Project plans shall be submitted for the review and certification for inclusion into the entitlement file by the Director of Development Services and shall include the following information:
i. All Special Conditions of Approval and Standard Development Requirements of DPR 2025-03 and VTTM 19467. Include any project revisions on the applicable sheets of the project plans. Additionally, include separate sheets with approved Special Conditions of Approval and Standard Development Requirements to be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 -point.
ii. Typical cross section views and details through the property and across each property line as directed by the Director of Development Services. iii. Location of transformers, meters, and other above -ground appurtenances.
b. An exterior lighting (photometric) plan showing location, type of fixtures and areas of illumination shall be submitted and reviewed for compliance with City standards and the Placentia Municipal Code. Lighting shall neither negatively impact adjacent properties nor the public right-of-way. c. Submit landscape and irrigation plans. The applicant must follow the procedure for approval under the MWELO for the proposed landscaping. A MWELO procedure and approval package is available from the front counter in the Development Services Department.
d. Postmaster approval of the location and design of the mailboxes, if applicable. e. All applicable provisions of the Placentia Municipal Code (PMC) shall be met prior to issuance of Building Permits and shall be adhered to at all times.
13. The following conditions shall be completed prior to issuance of a grading permit:
a. The developer shall submit for City approval a construction staging plan that indicates how safe vehicular and pedestrian access to the site will be maintained for the duration of the construction period. The construction stage plan shall include measures such as, but not limited to the following:
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i. A telephone number and name of a designated contact person(s) for registering complaints or comments shall be posted in a clearly visible manner along the perimeter of the site.
ii. When construction vehicles accessing the site are expected to obstruct pedestrian and vehicular access along W. Orangethorpe Avenue and S.
Placentia Avenue, a flag person or an approved alternative method shall be employed to direct traffic effectively.
iii. If any sidewalk is blocked during construction, alternate routes for pedestrians and bicycles shall be clearly marked with signs approved by the City.
iv. All access points shall be clearly marked during construction, and if an access point is blocked during construction, a detour sign to an alternate access point shall be clearly posted.
v. A detailed timeline outlining the course of major ground disturbing activities as trenching, excavation, and grading, including all construction work that will take place on the property.
14. Prior to issuance of building permits, the applicant shall submit landscape and irrigation plans for review and approval by the Development Services Director consistent with the Placentia Municipal Code and MWELO requirements. The landscape palette along all project street frontages shall make best efforts to be substantially consistent with the plant materials, streetscape character, and design intent of any adopted Specific Plan No. 5 (SP -5) Streetscape Master Plan, if such plan has been formally adopted by the City prior to approval of the project landscape plans.
In the event the SP -5 Streetscape Master Plan has not been adopted at the time the applicant's landscape plans are deemed complete and actively in plan check with the City, the applicant may proceed with the proposed landscape palette as approved, and the City shall not require redesign of approved landscape plans solely for the purpose of achieving consistency with a subsequently adopted streetscape master plan.
If the Streetscape Master Plan is adopted prior to approval of the project landscape plans, the applicant shall work with the Planning Division to incorporate plant materials and design elements that achieve substantial consistency with the adopted palette, as determined by the Development Services Director.
15. During demolition, grading, site development, and/or construction, the following shall be adhered to:
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a. Construction equipment shall be maintained in peak operating condition to reduce emissions.
b. All off -road diesel -powered construction equipment shall utilize ultra -low sulfur diesel fuel consistent with CARB requirements.
c. Truck idling shall be prohibited for periods longer than 5 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts.
e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. g. All Placentia Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday — Friday, 7:00 AM to 7:00 PM, and Saturdays 9:00 AM to 6:00 PM. Such activities are prohibited on Sundays and Federal holidays.
16. The final Certificate of Occupancy cannot be approved until the following is completed for each respective portion of the property:
a. The Developer shall pay in full to the City of Placentia all applicable citywide Development Impact Fees required under Title 5 of the Placentia Municipal Code, including, but not limited to library, signage, civic improvement projects, public safety, parks and traffic mitigation.
b. The property owner(s) and/or their successor(s) shall annex into those district(s) identified by Condition Nos. 8-10 above. If the subject property is sold prior to annexation into the aforementioned districts, the future property owner(s) must complete the annexation and initiation processes and no final Certificates of Occupancy shall be issued prior to completion of annexation. c. Submission, approval, and installation of an on -site public art installation shall be required. It is strongly recommended that the chosen public art piece reflects the rich history of the City of Placentia, focusing on significant aspects such as the citrus growing industry or early oil production eras that contributed to the city's development. Alternatively, the artwork may capture the essence and diversity of the city's community fabric. The public art piece will undergo evaluation and approval by the Development Services Director and the Housing, Community, and Economic Development Committee. The total cost Resolution No. PC -2026-03
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of submission, approval, installation, and lighting of the on -site public art element shall not be required to cost the developer more than $25,000. If, 60 days prior to the issuance of the first temporary Certificate of Occupancy the applicant has not yet received final approval for the public art element from all necessary approval bodies, the applicant may pay the City $25,000 to satisfy this condition, less any actual related costs incurred. The public art element shall adhere to the following parameters:
i. The public art element shall not be commercial in nature, a reproduction, or mass produced.
ii. Artwork setting and its visibility are important project design considerations and shall be clearly visible to the public. iii. The art piece shall be a permanent part of the development and must remain in place for the life of the development. The work must be fixed and located at or adjacent to the site and visible to the public. iv. Outdoor artwork must be illuminated sufficiently to ensure clear visibility from the nearby right-of-way during evening hours.
17. The use shall comply with the following:
a. The property owner(s) and/or respective Homeowners Association (HOA) shall be responsible for maintaining all common areas and improvements, including landscaped areas, walkways, sidewalks, and on -site paved surfaces, in a clean and orderly condition and free from graffiti, debris, and litter. Graffiti shall be removed by the property owner(s) and/or HOA within 72 hours of defacement and/or upon notification by the City.
b. The property owner(s), land management company, or similar entity shall furnish all prospective buyers with a disclosure agreement, informing them of the potential for noise and odor arising from nearby industrial activities or businesses. It is mandatory for all buyers to sign this agreement, thereby acknowledging and accepting the existence of these potential impacts. A copy of the disclosure agreement must be provided to the City's Development Services Department for inclusion in the entitlement file. c. The development shall not include vehicular access gates, guard -controlled entry features, or any other device that restricts or controls vehicular access to the project site. All drive aisles and vehicular access points shall remain openly accessible at all times, consistent with the approved site plan and fire access requirements. Any proposal to install vehicular access control features, including but not limited to vehicular gates, security arms, or controlled entry systems, shall require review and approval by the Development Services Director through a formal amendment to this entitlement.
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AB 130 CEQA EXEMPTION TRIBAL RESOURCE MEASURES
18. If evidence of an archaeological site or other suspected historical resource as defined by CEQA Guidelines § 15064.5, including darkened soil representing past human activity ("midden"), that could conceal material remains (e.g., worked stone, fired clay vessels, faunal bone, hearths, storage pits, or burials) are discovered during any project -related earth -disturbing activities, all earth -disturbing activities within 100 feet of the find shall be halted until the City of Placentia is notified. The project applicant shall retain an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology to assess the significance of the find. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A -L) form and filed with the South Central Coastal Information Center (SCCIC). Construction activities may continue on other parts of the Proposed Project Site while evaluation and treatment of prehistoric archaeological resources takes place.
19. Prior to issuance of a grading permit, the applicant shall retain a Native American Monitor Prior to Commencement of Ground -Disturbing Activities:
a. The project applicant shall retain a Native American Monitor from or approved by the Gabrieleno Band of Mission Indians — Kizh Nation and Juaneno Band of Mission Indians, Acjachemen Nation - Belardes. The monitor shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project at all project locations (i.e., both on -site and any off -site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground -disturbing activity" shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
b. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground disturbing activity, or the issuance of any permit necessary to commence a ground - disturbing activity.
c. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe.
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d. On -site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh and Acjachemen from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh and Acjachemen to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh and Acjachemen TCRs.
e. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by both the Kizh and Acjachemen monitor and/or Kizh and Acjachemen archaeologist. The Kizh and Acjachemen will recover and retain all discovered TCRs in the form and/or manner the Tribes deems appropriate, in the Tribes' sole discretion, and for any purpose the Tribes deems appropriate, including for educational, cultural and/or historic purposes.
20. Prior to issuance of grading permit, the following notes shall be listed on the grading plans for the project:
Unanticipated Discovery of Human Remain and Associated Funerary Object a. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code, Section 5097.98, are also to be treated according to this statute.
b. If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code, Section 7050.5, dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground -disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code, Section 5097.98, shall be followed.
c. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
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d. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).)
e. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.
f. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
21. Prior to issuance of grading permit, the following notes shall be listed on the grading plans or the project:
Procedures for Burials and Funerary Remains
a. As the Most Likely Descendant ("MLD"), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term "human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. b. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery, and a separate treatment plan shall be created.
c. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
d. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24 - hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that Resolution No. PC -2026-03
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burials will be removed.
e. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground -disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. f. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
g.
The Tribe will work closely with the project's qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery -related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does not authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
DEVELOPMENT SERVICES DEPARTMENT - BUILDING DIVISION:
22. The submitted plans for plan checking shall conform to the 2025 CBC, CMC, CEC, CPC, CFC, CALGreen, CFC, and California Energy Standards codes.
23. The complete legal description of the property shall be addressed on plans as part of the project information.
24. The plans to be submitted for plan checking shall contain complete architectural, structural, electrical, mechanical, plumbing, CALGreen, and State Title 24 Energy Standards Codes. All plans must be prepared, sealed and signed by a California Licensed Professional within their scope of work.
25. The Mandatory Measures of the CALGreen and Title 24 Energy Standards Codes including the Compliance Forms shall be printed on the plans to be submitted.
CalGreen shall be completed and shall specify where on the plans the applicable measures are shown.
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26. The site plan, which addresses the boundaries of the property shall be prepared, sealed, and signed by a California Licensed Land Surveyor.
27. Provide proper fire and smoke protection between dwellings.
28. Provide compliance with CBC chapter 11A for the multifamily dwellings as applicable.
29. Provide a Geotechnical Engineer Report prepared, sealed, and signed by the Geotechnical Engineer on record.
PUBLIC WORKS DEPARTMENT:
30. The following items will be required for plan check:
a. Grading plan;
b. Geotechnical report;
c. Water Quality Management Plan (WQMP) in the form and content per the City's WQMP template;
d. Improvement Plan and Utility Plan; and
e. Final Map
31. The applicant must fill out and submit a Red Imported Fire Ant -pest Exclusion Program (RIFA) Form to the California Department of Food and Agriculture and provide the City of Placentia a copy of the approved form.
32. Provide signature block for City Engineer: License Number C82756.
33. All improvement and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required.
34. Prior to recordation of the final map, the public improvement plans as required shall signed by the City Engineer.
35. Prior to issuance of a final Certificate of Occupancy, the engineer of record shall submit all approved project plans on an approved electronic format to the Public Works Department. If the required files are unavailable, the applicant shall pay a scanning fee to cover the cost of scanning the as -built plans.
Demolition
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36. Provide a full set of plans for demolition of the existing facilities and utilities, including above ground and underground structures, footings, utilities, vaults, fences, walls, sewer lines, storm drain pipes, waterlines, etc., Plans shall address conditions and procedures, as are necessary, to show that the demolition work will be conducted without creating a hazardous condition, when excavating next to other existing footings, walls and slopes. A separate demolition permit is required from the Building Department, prior to performing any kind of demolition on site. Prepare and submit a Construction and Demolition Waste Management Plan (WMP) for City approval. An approved WMP is required in order to obtain a demolition permit.
37.A copy of the Grant deed and owner's permission on the application for demolition is required at the time of issuance of the permit.
38. Any unused existing on -site sanitary sewer lateral lines must be removed and capped at the property lines. The sewer cap shall be inspected, and shall not be covered until an inspection has been made by the Department of Public Works Inspector. This inspection shall be requested at least 24 hours before the inspection is needed.
39. Provide AQMD Rule 1403 permit number, prior to starting any demolition work
40. It is the applicant's responsibility to notify all utility companies and the City of Placentia for disconnection and removal of the existing utilities, vaults and meters. It is also the applicant's responsibility to ensure applicant notifies the Building Inspection Division that these utilities have been properly disconnected.
41. Provide an erosion control plan, Storm Water Pollution Prevention Plans (SWPPP) for protection of the site during construction activities.
Grading
42. Prior to the issuance of a grading permit, the applicant shall prepare a Low Impact Development (LID) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and/or non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP) and LID Implementation Guideline. Website available at
( http://ocwatersheds.com/publiced/residents/glltd) Particular attention should be addressed to the appendix section "Best Management Practices for priority redevelopment." The LID shall clearly show the locations of structural or Nonstructural BMP's, and assignment of long term maintenance responsibilities. The plan shall be prepared to the general form and content and submitted to the Director of Public Works/City Engineer for review and approval.
43. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices Resolution No. PC -2026-03
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(BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the general form and content shown in the City of Placentia's WQMP Template and shall be submitted to the City Engineer for review and approval. Website available at ( http://www.placentia.org/index.aspx?nid=262)
44. Prior to the issuance of a grading permit, the applicant shall demonstrate to the City Engineer that coverage has been obtained under the California's General Permit for Discharge of Storm Water Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number to the City Engineer. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation. Prior to the issuance of a grading permit, the applicant shall submit to the City Engineer for review a Stormwater Pollution Prevention Plan (SWPPP). A copy of the approved SWPPP shall be kept at the project site and available for review upon request.
45. Prior to the issuance of grading permits, the applicant shall prepare and submit a precise grading plan prepared by a licensed civil engineer to the Engineering Division of the Public Works Department showing building footprints, new and revised pads and elevations of finished grades, drainage routes, retaining walls, erosion control, slope easements, structural best management practices (BMPs) conforming to the approved water quality management plan, and other pertinent information. The project development shall accept and make provisions for the existing surface water that are the natural flows from the adjacent properties immediately abutting to the development site.
46. Prior to approval of the final design plans and issuance of a grading permit, the applicant shall conduct a site -specific geotechnical investigation for the entire site and prepare a report that fully assesses the geologic and soil conditions of the site. As part of the report preparation, soil sampling and any geotechnical testing will be completed at each location where structures are to be erected. The report shall provide grading and structural design recommendations for avoiding liquefaction, subsidence or collapse for each of the proposed structures and percolation test for infiltration rate fulfilled per Appendix VII of OCTGD. The recommendations shall be implemented by the Applicant.
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47. Prior to the issuance of a grading permit, erosion control plans and notes shall be submitted and approved by the Engineering Division of Public Works Department. 48 All private slopes of 4 feet or more in vertical height and of 4:1 or greater slope, but less than 2:1 slope, if any, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy.
49 The development site shall be graded to drain surface water to the existing City storm drain system with no cross -lot drainage permitted. Drainage shall be indicated on the precise grading plans.
50 Surety and agreement guaranteeing completion of all on -site grading improvements including drainage, structural BMPs, erosion control, grading operations shall be posted and executed to the satisfaction of the City Engineer prior to the issuance of grading permits.
51. The final grading plan for the parcels shall be substantially the same, specifically with regard to pad elevations, size, and configuration; as the proposed grading illustrated on the approved site plan. If there is a significant deviation between the two plans, the Community Development Director and the City Engineer will review the plans and determine if a finding of substantial conformance can be made prior to the issuance of a grading permit. The Community Development Director and the City Engineer may refer the matter to the Planning Commission for an opinion before making a decision.
Failure to achieve such a finding will require processing a revised site plan. 52 Prior to issuance of any building permits, the site grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency with each other and for consistency with the requirements and standards of the City of Placentia, to the extent final plans are available.
53. Prior to issuance of grading permit, the applicant shall submit a preliminary title report no older than 90 days.
54. The applicant shall provide a quitclaim or relocation of easement, if any, as applicable in plan review process prior to issuance of grading permit.
55. Provide and identify all pavement and driveway paving materials used inside the development areas.
56. Identify all storm drain structures, types, sizes and specifications on the plans.
57. Prior to issuance of the final occupancy permit, all public improvements shown on the plans shall be constructed to City Standards.
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58. Preliminary WQMP shall include a feasibility check to ensure the proposed infiltration BMPs are not proposed to be within 100 feet horizontally of a water supply well and/or non -potable well for the protection of groundwater quality per Orange County TGD.
Public Improvements and Construction
59. Prior to issuance of grading permits, the applicant shall prepare and submit a street improvement plan prepared by a licensed civil engineer to the Engineering Division of the Public Works Department. All public improvements shown on the plans and/or tentative map shall be constructed to City of Placentia standards, ordinances, and policies, and shall be completed prior to the Final Certificate of Occupancy.
60. Prior to issuance of the final occupancy permit, all new public improvements shall be constructed satisfactorily to City Standards.
61. Prior to the recordation of a final map, the applicant shall enter into an agreement and post security bond, in a form and amount acceptable to the City Engineer, guaranteeing the construction of public improvements in conformance with applicable City standards, and City Code, including, but not limited to the following improvements as applicable:
a. Street improvements including but not limited to: pavement, curb and gutter, sidewalks, driveway approaches, street lights, signing, striping, traffic signal systems and other traffic control devices as appropriate b. Storm drain facilities
c. Landscaping
d. Sewer systems
e. Street lighting
62. Prior to the issuance final Certificate of Occupancy all public improvements listed below shall be constructed and/or installed. All of the public improvements immediately adjacent to and within the boundaries of the project/property area to the centerline of Orangethorpe Avenue and Placentia Avenue are referred to as "on -site" improvements. All new utilities, including electric power, telephone, telecommunication fiber and/or cable TV in the street adjacent to and on -site shall be placed underground in accordance with the City of Placentia standards and ordinances. All existing utility poles and associated overhead utility lines located along the project/project frontage shall be removed, unless electrical lines supported by the utility poles are determined to be transmission (which is sometimes classified as subtransmission but included in SCE's ISO -controlled transmission circuits) lines as defined pursuant to PMC Resolution No. PC -2026-03
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22.48.010, in that case no undergrounding of utilities or poles is required. All the frontage street improvements shall follow and comply with applicable City standards, and City Codes, and the following design standards throughout, including but not limited to landscaping, street and pedestrian lights, in addition to the following requirements:
a. Driveways shall conform to the applicable City of Placentia standards and shall be shown on the street improvement plans.
b. Driveways shall be located at a minimum of two (2) feet from the property line as measured where the driveway meets the property line to satisfy adequate line of sight requirements.
c. All new or replaced curb ramps shall be constructed to current ADA or CBC standards. Applicant will be required to utilize the services of the City's CASp inspector at applicant's expense to provide inspection and certification of that all new or replaced ADA facilities constructed within the public right-of-way are ADA-compliant.
d. The minimum centerline and flowline grades shall be one percent unless otherwise approved by the City Engineer and Fire Marshall. e. Repaint crosswalks at the Orangethorpe/ Placentia Avenue intersection for enhanced visibility.
f. Placentia Avenue and Orangethorpe Avenue shall be repaved along the project frontage from the project property line to the centerline. g.
All engineered street and public improvement plans and specifications shall be prepared in accordance with City and County of Orange Standards. Shop drawings and product data shall be provided for the City's review and approval for all the public improvement items listed above, PRIOR to their installation. 63 The sidewalk along Placentia Avenue shall be widened to a minimum eight (8) feet for consistency further north and south along Placentia Avenue. This would also be consistent with the sidewalk on Orangethorpe Avenue. An easement is already in place for this; no dedication is required. If such width cannot be accommodated entirely within the existing public right-of-way, the Public Works Director may modify or waive this condition. If not modified or waived, the applicant shall work with the Engineering Division to dedicate or grant an irrevocable public easement, which choice shall be at the applicant's discretion and to the extent that it does not require movement of any building footprints shown in the plan set received on March 4, 2026, for sidewalk purposes sufficient to accommodate the eight -foot (8') sidewalk width. If an easement, said easement shall be recorded with the Orange County Recorder's Office prior to issuance of the Final Certificate of Occupancy and shall be subject to review and Resolution No. PC -2026-03
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approval by the City Engineer and City Attorney. All improvements shall be designed and constructed to City standards and shall ensure compliance with ADA accessibility requirements.
64. Improvement plan surveying data shall be based upon a centerline profile extending beyond the project boundaries a minimum distance of 150 feet at a grade and alignment approved by the City Engineer, to ensure accurate joining to existing conditions.
Storm Drain Improvements and Construction
65. Unless otherwise approved by the Public Works Director, the project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points.
66. Provided there is adequate capacity in the Placentia Avenue and Orangethorpe Ave. storm drains, the development site shall be graded to drain surface water to the existing City storm drain system with no cross -lot drainage permitted. The storm drain catch basins shall be upsized if there is not adequate capacity. If a drainage crossing a property line is altered and involves the use of drainage pipes, culverts, and V -gutters to conduct the storm water to an approved City storm drain system, a drainage easement shall be established by the recordation of Covenants Agreements and Restrictions for the benefit of each lot. Drainage easement shall be indicated on the precise grading plans.
67. Drainage easements, when required, shall be shown on the grading plans and noted as follows: "Drainage Easement — no buildings, obstructions, or encroachments by landfills are allowed."
68. The project shall be designed to accept and properly dispose of all off -site drainage flowing onto or through the site. The storm drain design and improvements shall be subject to review and approval by City Engineer. The hydraulics and hydrology report shall include detailed drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, BMP treatment and LID, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood per the Orange County Hydrology Manual.
69. Prior to the approval of the improvement plans, the hydrology study shall show that the 25 -year storm flow will be contained within the street from curb to curb and the 100 - year storm flow shall be contained within the street right-of-way. When either of these criteria are exceeded, additional drainage facilities shall be installed. All analysis shall comply with the Orange County Hydrology Manual and County Local Drainage Manual.
Resolution No. PC -2026-03
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70. Drainage facilities with sump conditions shall be designed to convey the tributary 25 - year storm flows. Secondary emergency flow bypass shall also be provided as approved by City Engineer.
71. The post development peak flow rate generated from the project site shall be less than or equal to the predevelopment peak flow rate from the site for all frequency storms up to and including 100 -year return.
Sewer Line Improvements and Construction
72. The applicant shall prepare a sewer capacity analysis per City of Placentia guidelines, including CCTV to address the future development demands. The developer shall coordinate and incorporate the results of this study into the sanitary sewer development and design. Sewer flow calculations justifying sewer line design up to the connection points shall be prepared by a registered civil engineer and submitted as part of a sanitary sewer improvement plan for approval by the City Engineer.
73.Onsite water improvement and fire protection plans shall be approved by the Fire Marshal, the local water district, and City Engineer. The water distribution lines and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Golden State Water Company.
74. Prior to the issuance of a building permit, the applicant shall dedicate ingress and egress of the access route within the project site and improve it fully operational as required by the City of Placentia Fire Department and satisfaction to the City Engineer.
75. The applicant shall submit a Will Serve Letter from Orange County Sanitation District and Golden State Water Company.
76. If new sanitary sewer connections are needed, developer shall install new sanitary sewer manholes at the proposed connection to the existing City sewer line.
Traffic
77. Parking and on -site circulation requirements shall be maintained at all times. a. All pavement markings and signage including parking spaces, directional designations, no parking designations and fire land designations shall be clearly defined and said signage and markings shall be maintained in good condition at all times.
b. Parking site circulation and street surfaces shall be maintained in good condition at all times and shall be swept at least as frequently as public streets in Placentia.
Resolution No. PC -2026-03
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c. All areas of landscaping shall be permanently and continuously maintained by the HOA.
78. Provide intersection sightlines per Orange County Public Works Standard 1117.
79. Provide an updated LOS memo based on the 2024 Traffic Impact Analysis prepared by RK Engineering. All project specific parameters shall be updated and if additional analysis is determined necessary, it shall be completed by the applicant to the satisfaction of the City Engineer.
80. Internal private streets shall be designed and constructed in accordance with PMC Section 22.20.035. Street widths may be reduced subject to City Engineer approval where on -street parking is prohibited.
81. Vehicular access along Placentia Avenue shall be restricted to right -in and right -out movements only. This restriction shall be achieved through the installation of a mountable "porkchop" median designed to channelize traffic, resulting in two separate driveways with a pedestrian refuge area located between the driveways.
The final design and configuration shall be subject to review and approval by the City Engineer.
82. The proposed driveway location along Orangethorpe Avenue reduces available storage length for eastbound entering traffic. A minimum three -vehicle queuing distance shall be provided on Orangethorpe Avenue. If adequate queuing cannot be accommodated, driveway access shall be restricted to right -in and right -out and left -out movements only, subject to review and approval by the City Engineer.
83. There shall be no on -street parking along Placentia Avenue and Orangethorpe Avenue along the project frontage. Appropriate curb markings, signage, and striping shall be installed as determined by the City Engineer.
FIRE AND LIFE SAFETY DEPARTMENT
84. Parking Restrictions - No parking is permitted on roadways that are narrower than 28 feet in width. Parking on one side is permitted on a roadway that is at least 28 feet but less than 36 feet in width. Parking on two sides is permitted on a roadway 36 feet or more in width. These restrictions apply to all roads serving as fire lanes.
85. The hydrant shall be located at least 40 feet from the building(s) it serves. Where it is impractical to locate the hydrant 40 feet from adjacent structures, hydrant spacing shall be reduced by 50%. Fire hydrants may be located closer provided that nearby walls do not contain openings and the hydrant is not otherwise located where it can be rendered inoperable due to damage from collapsed walls, debris, or excessive heat.
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86. Vegetation - As stated previously, certain types of ground cover and low -growing plants present an impediment to firefighting and rescue operations and are prohibited from being planted in the access walkway. In addition, taller vegetation such as shrubs and trees may not be located where they will, either when planted or upon maturation, present an obstruction to accessing rescue windows. Raised planter areas are not allowed to be used as rescue ladder access points.
87. Prior to the issuance of building permits:
a. The Placentia Fire & Life Safety Department, at time of plan or permit submission, will charge certain fees for plan review and inspections. Fees will be determined at the time of plan review and/or inspections b. The proposed project shall comply with the applicable codes and standards of Title 24, Part 1-12.
c. The referenced standards shall include the California Fire Code as adopted and amended by the City of Placentia.
d. The required fire flow shall be 1,875 GPM for a 3 -hour duration at 20 PSI residual operating pressure pursuant to the California Fire Code Appendix B and as amended by the City of Placentia Fire & Life Safety Department.
Documentation is required from the local water purveyor or an approved third party verifying that the system can meet the required fire flow prior to conditions of approval being established. If a third party is being used, they must be approved by the Fire Marshal. If the system is not capable of meeting the required fire flow documentation shall be provided showing financial arrangements have been made and water system improvement plans have been submitted and approved by the City of Placentia Fire & Life Safety Department and the local water purveyor to upgrade the existing water system prior to release of building permits.
e. Roadway design features (speed humps, bumps, speed control dips, etc.) which may interfere or delay emergency apparatus responses shall not be installed or allowed to remain on the emergency access roadways if installed after the project's completion.
f. Water improvement plans shall be approved by the City of Placentia Fire & Life Safety Department. The Developer shall furnish the City of Placentia Fire & Life Safety Department with three (3) copies of the water improvement plans designed by a Registered Engineer and/or Licensed Contractor. On -site private fire service mains shall have a minimum of eight (8) inch water mains with six (6) inch laterals and risers. Larger pipes may be required to meet required fire flow requirements. Fire hydrants shall provide one 4" port and 2- 2 1/2 ports and must be an approved fire hydrant type. See the City of Placentia Fire & Life Resolution No. PC -2026-03
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