Robert S. McKinnell
City Clerk
Kevin A. Larson
City Treasurer
Jennifer Lampman
City Administrator
Christian L. Bettenhausen
City Attorney
Placentia City Council
Placentia City Council as Successor to the
Placentia Redevelopment Agency
Placentia Industrial Commercial
Development Authority
Placentia Public Financing Authority
AGENDA
April 21, 2026
Council Chambers
401 E Chapman Ave.
Placentia, CA 92870
Phone: (714) 993-8117
Email: [email protected]
www.placentia.org
CHAD P. WANKE
Mayor
District 4
JEREMY B. YAMAGUCHI
Mayor Pro Tem
District 3
THOMAS HUMMER
Councilmember
District 1
KEVIN KIRWIN
Councilmember
District 2
WARD L. SMITH
Councilmember
District 5
Mission Statement
The City Council is committed to keeping Placentia a pleasant place by providing a safe family atmosphere, superior public services and policies that promote the highest standards of community life.
Vision Statement
The City of Placentia is dedicated to fostering transparency, integrity, and responsiveness through innovative and ethical leadership, ensuring the delivery of high -quality services in a fair and equitable manner. We also strive for financial sustainability, supporting safe, welcoming neighborhoods, well -kept streets, parks, and public spaces while maintaining the small-town charm that defines our community.
Agenda Materials
Copies of all agenda materials are available online at www.placentia.org and at the City Clerk's Office. For questions regarding any agenda item, please contact the City Clerk's Office at (714) 993-8231 or email [email protected]. In compliance with California Government Code § 54957.5, any materials submitted to the majority of the Council/ Board Members after distribution of this agenda that are non-exempt public records will be made available for public inspection at the City Clerk's Office during normal business hours.
How to View the Meeting
The public can observe the meeting via livestream on the City's website at www.placentia.org/pctv , live on cable television on AT&T Universe (Channel 99), Spectrum (Channel 3), or in person in the Council Chamber.
Procedures for Addressing the Council/Board Members
Public comments are received during the Oral Communications section of the agenda. No action may be taken on off -agenda items unless authorized by law. Public comments for Public Hearings will only be taken at the time of the hearing. It is requested to state your name for the record, then proceed to address the Council/Board. All speakers shall observe civility, decorum, and good behavior.
Members of the public may address the Council/Board on any agenda item before or during Council/Board's consideration of the item, and on any other matters within the Council/Board's jurisdiction by using any of the following methods:
1) In -Person: Complete a "Speaker Request Form" indicating the agenda item or subject matter you wish to address and submit it to the City Clerk before the item is called. 2) Written Public Comments: Submit written comments electronically for the Council/Board consideration by emailing [email protected], by 3:00 p.m. the day of the meeting to ensure distribution.
Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special accommodations contact the City Clerk's Office at (714) 993-8231. Notification at least 48 hours in advance of the meeting will enable the City to make arrangements to assure accessibility. (28 CFR 35.102.35.104 ADA Title II)
Study Sessions are open to the public and held in the City Council Chambers or City Hall Community Room. Closed Sessions are held in the Council Caucus Room. While the public may be in attendance during oral announcements preceding Closed Sessions, Closed Sessions are not open to the public.
1 PLACENTIA CITY COUNCIL REGULAR
MEETING AGENDA - CLOSED SESSION
April 21, 2026
5:00 p.m. - City Council Chambers
401 E. Chapman Avenue, Placentia, CA
CALL TO ORDER:
ROLL CALL:
Council Member/ Board Member Hummer
Council Member/ Board Member Kirwin
Council Member/ Board Member Smith
Mayor Pro Tem/ Board Vice Chair Yamaguchi
Mayor/ Board Chair Wanke
ORAL COMMUNICATIONS:
At this time the public may address the City Council and Boards of Directors concerning any items on the Closed Session Agenda only. There is a five (5) minute time limit for each individual addressing the City Council and Boards of Directors.
CLOSED SESSION PROCEEDINGS:
The City Council and Boards of Directors will recess to the City Council Caucus Room for the purpose of conducting their Closed Session proceedings.
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(2): 1 Case
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section § 54957.6
Agency Designated Representatives: Jennifer Lampman, City Administrator Alice Burnett, Director of Human Resources
Employee Organization: Placentia City Employees Association (PCEA) RECESS: The City Council and Boards of Directors will recess to their 6:00 p.m. Regular Meeting. 2 PLACENTIA CITY COUNCIL REGULAR MEETING AGENDA
April 21, 2026
6:00 p.m. - City Council Chambers
401 E. Chapman Avenue, Placentia, CA
CALL TO ORDER:
ROLL CALL:
Council Member/ Board Member Hummer
Council Member/ Board Member Kirwin
Council Member/ Board Member Smith
Mayor Pro Tem/ Board Vice Chair Yamaguchi
Mayor/ Board Chair Wanke
INVOCATION: Chaplain Ken Milhander
PLEDGE OF ALLEGIANCE: Fire Chief Jason Dobine
PRESENTATIONS:
A. PRESENTATION OF THE ORANGE COUNTY 2026 GUN BUYBACK PROGRAM Presenter: Doug Chaffee, Orange County Fourth District Supervisor ACKNOWLEDGEMENT OF CENTENNIAL SPONSOR: DOUG CHAFFEE, ORANGE B. COUNTY FOURTH DISTRICT SUPERVISOR
Presenters: Mayor Wanke and City Council
Recipient: Doug Chaffee, Orange County Fourth District Supervisor C. RECOGNITION OF 2026 CITIZENS' ACADEMY GRADUATES
Presenters: Mayor Wanke and City Council
Recipients: 2026 Citizens' Academy Graduates
RECOGNITION OF EL DORADO HIGH SCHOOL GIRLS BASKETBALL TEAM AS D. THE 2026 CIF CHAMPIONS
Presenters: Mayor Wanke and City Council
Recipients: El Dorado High School Girls Basketball Team CLOSED SESSION REPORT:
CITY ADMINISTRATOR REPORT:
ORAL COMMUNICATIONS:
At this time the public may address the City Council and Boards of Directors concerning any agenda item, which is not a public hearing item, or on matters within the jurisdiction of the City Council and Boards of Directors. There is a five (5) minute time limit for each individual addressing the City Council and Boards of Directors.
3 CITY COUNCIL MEMBER COMMENTS:
1. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any Member of the City Council and Boards of Directors or City Administrator may request an item be removed from the Consent Calendar for discussion. All items removed shall be considered immediately following action on the remaining items.
1.a CONSIDERATION TO WAIVE READING IN FULL OF ALL ORDINANCES AND
RESOLUTIONS
Recommended Action: It is recommended that the City Council:
Approve.
1.b APPROVAL OF MINUTES
Recommended Action: It is recommended that the City Council:
Approve minutes of the City Council/Successor Agency/ICDA/PPFA Regular Meeting on March 17, 2026; and the Special Meeting held on March 27, 2026.
1.c REGISTERS FOR APRIL 21, 2026
Fiscal Impact:
Check Registers $ 3,183,845.59
Electronic Disbursement Registers $ 9,416,400.56
Recommended Action: It is recommended that the City Council:
Receive and file.
1.d SECOND READING AND ADOPTION OF ORDINANCE NO. O-2026-03, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, GRANTING TO CRIMSON CALIFORNIA PIPELINE, L.P., A
FRANCHISE TO OPERATE AND MAINTAIN CERTAIN PIPELINES AND
APPURTENANCES FOR THE TRANSPORTATION OF HYDROCARBON
SUBSTANCES IN THE CITY OF PLACENTIA
Fiscal Impact:
Revenue: $9,063.06 Annually (101-90000-4201)
Recommended Action: It is recommended that the City Council:
Adopt Ordinance No. O-2026-03, An Ordinance of the City Council of the City of Placentia, California, granting to Crimson California Pipeline, L.P., a franchise to operate and maintain certain pipelines and appurtenances for the transportation of hydrocarbon substances in the City of Placentia
1.e AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS, INC. FOR TRAFFIC SIGNAL MAINTENANCE
SERVICES
Fiscal Impact:
4 Expense: $420,000 Amendment No. 1 Additional Contract Amount over 2 -Years Recommended Action: It is recommended that the City Council:
1. Approve Amendment No. 1 to the Maintenance Services Agreement with Bear Electrical Solutions, Inc. for Traffic Signal Maintenance Services, increasing the contract capacity by $420,000, resulting in a new not -to -exceed amount of $930,000; and
2. Authorize the City Administrator to approve contract change orders up to 10% of the initial three-year contract amount; and
3. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.
1.f AMENDMENT NO. 1 TO PUBLIC WORKS AGREEMENT WITH RJ NOBLE COMPANY FOR CONSTRUCTION SERVICES RELATED TO THE FY 24-25
RESIDENTIAL STREET REHABILITATION PROJECT
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
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 documents, in a form approved by the City Attorney.
1.g 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)
Fiscal Impact:
$1,657,634 Development Impact Fees
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 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. 5 Orangethorpe Avenue and 776 S. Placentia Avenue (APN 339-112-27).
1.h APPROVAL OF ORANGE COUNTY ANIMAL CARE SERVICES AGREEMENT Fiscal Impact:
Approximately $487,925 per year.
Recommended Action: It is recommended that the City Council:
1. Approve the Master Agreement for the Provision of Orange County Animal Care Services (OCACS) between the City of Placentia and the County of Orange for the period covering May 31, 2026, through May 30, 2031; and
2. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.
1.i APPROVAL OF THE WASTE INFRASTRUCTURE SYSTEM ENTERPRISE (WISE)
AGREEMENT WITH ORANGE COUNTY WASTE & RECYCLING FOR
MUNICIPAL SOLID WASTE DISPOSAL RATES AND SERVICES
Fiscal Impact:
None.
Recommended Action: It is recommended that the City Council:
1. Approve the attached WISE Agreement with the County of Orange for municipal solid waste disposal rates and services; and
2. Authorize the City Administrator, or designee, to execute the agreement on behalf of the City and make minor modifications as necessary.
2. PUBLIC HEARINGS
2.a ADOPTION OF PROPOSED COMPREHENSIVE FEE AND RATE SCHEDULE Fiscal Impact:
The proposed fee changes as of July 1, 2026, are intended to recover the cost of providing existing services associated with fee -related regulatory functions and other programs.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing to consider amending the Placentia Comprehensive Fee Schedule for certain fees, rates, and charges for various City user services; and
2. Receive the Staff report, consider all public testimony, and discuss the proposed fees; and
3. Close the public hearing; and
4. Adopt Resolution No. R-2026-18, a Resolution of the City Council of the City of Placentia, California, establishing and adopting certain City fees, rates, and charges for various City services with an effective date of July 1, 2026, for Fiscal Year 2026-27.
2.b PUBLIC HEARING FOR THE ANNEXATION OF PROPERTIES INTO COMMUNITY FACILITIES DISTRICT NO. 2014-01 (PUBLIC SERVICES) 6 Fiscal Impact:
None.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing concerning Resolution No. R-2026-19; and
2. Receive the Staff report and consider all public testimony; and
3. Close the Public Hearing; and
4. Adopt Resolution No. R-2026-19, A Resolution of the City Council of the City of Placentia, California, ordering the annexation of territory to its Community Facilities District No. 2014-01 (Public Services) (Annexation 2026-01) and approving the amended map for said District.
2.c PUBLIC HEARING FOR THE ANNEXATION OF PROPERTIES INTO STREET LIGHTING DISTRICT NO. 81-1
Fiscal Impact:
None.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing concerning Resolution No. R-2026-21; and
2. Receive the Staff report and consider all public testimony; and
3. Close the Public Hearing; and
4. Adopt Resolution No. R-2026-21, a Resolution of the City Council of the City of Placentia, California, ordering the annexation of territory to its Street Lighting District No. 81-1 (Annexation 2026-01) and approving the amended map for said District.
2.d PUBLIC HEARING FOR THE ANNEXATION OF PROPERTIES INTO LANDSCAPE MAINTENANCE DISTRICT NO. 92-1
Fiscal Impact:
None.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing concerning Resolution No. R-2026-20; and
2. Receive the Staff report and consider all public testimony; and
3. Close the Public Hearing; and
4. Adopt Resolution No. R-2026-20, a Resolution of the City Council of the City of Placentia, California, ordering the annexation of territory to its Landscape Maintenance District No. 92-1 (Annexation 2026-01) and approving the amended map for said District.
2.e APPEAL OF THE DECISION OF THE PLANNING COMMISSION TO REVOKE SHORT-TERM RENTAL PERMITS STR 2020-10 AND STR 2020-11 AND ASSOCIATED BUSINESS LICENSES FOR PROPERTY LOCATED AT 607
ENCINITAS WAY, UNITS A & C
Fiscal Impact:
Recovery of $17,797.83 in Transient Occupancy Tax owed. Potential for approximately $15,000 in additional annual Transient Occupancy Tax revenue if the 7 STR permits are reinstated.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing concerning revocation of Short -Term Rental permits STR 2020-10 and STR 2020-11 and associated business licenses for property located at 607 Encinitas Way, Units A & C; and
2. Receive the Staff Report, consider all Public Testimony, ask any questions of Staff; and
3. Close the Public Hearing; and
4. Find that this action is not subject to CEQA pursuant to State CEQA Guidelines § 15321 (Class - 21 Enforcement Actions by Regulatory Agencies); and
5. Approve the agreement between the City of Placentia and Alexander/Celenia Perez in which outstanding Transient Occupancy Tax (TOT) owed to the City of Placentia would be paid. Authorize the City Administrator or her designee to finalize said agreement; and approve the appeal and reverse the Planning Commission revocation of Short -Term Rental
Permits STR 2020-10 and STR 2020-11 and reinstate associated business licenses for the property located at 607 Encinitas Way, Units A and C.
2.f UPDATE REGARDING CITYWIDE DEVELOPMENT IMPACT FEES, TRANSIT
ORIENTED DEVELOPMENT PACKINGHOUSE DISTRICT DEVELOPMENT
IMPACT FEES, AND AFFORDABLE HOUSING IMPACT FEES, INCLUDING
ADOPTION OF NEW GENERAL GOVERNMENT FACILITIES FEES FOR COST
RECOVERY
Fiscal Impact:
The adoption of revised development impact fees and residential affordable housing impact fees will not have an immediate impact on revenues to the City as they are effective 60 days subsequent to adoption. These Development Impact Fees are established for cost recovery or statutory purposes only.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing concerning the Citywide Development Impact Fee Schedule including adoption of new General Government Facilities fees, the Transit -Oriented Development (TOD) Packing House Development Impact Fee Schedule, and the Affordable Housing Impact Fee Schedule; and
2. Receive the Staff report, consider all public testimony, ask questions of Staff; and
3. Close the public hearing; and
4. Find that the recommended actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3), 15273, and 15378(b)(4) of the CEQA Guidelines, Section 21065 of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and
5. Adopt Resolution No. R-2026-22, a Resolution of the City Council of the City of Placentia, California, approving updated Development Impact Fees pursuant to Construction Cost Index to financially mitigate impacts to parks and recreational facilities, sewer facilities, transportation infrastructure, storm drain facilities, Quimby in -lieu fees, Public Safety (Fire, Police, Animal Shelter), Streetscape (Transit Oriented Development), and adopting General 8 Government Facilities fees citywide pursuant to the April 2026 Development Impact fee Nexus; adopt a Capital Improvement Plan for the impact fees; and determine that the adoption of the Development Impact Fees and Capital Improvement Plan is exempt from the California Environmental Quality Act; and
6. Adopt Resolution No. R-2026-23, a Resolution of the City Council of the City of Placentia, California, approving updated Affordable Housing Impact fees pursuant to Construction Cost Index for residential and non-residential developments citywide; and determine that the adoption of the Affordable Housing Impact fees is exempt from the California Environmental Quality Act; and
7. Consider first reading of Ordinance No. O-2026-05, an Ordinance of the City Council of the City of Placentia, California, amending Title 5 of the Placentia Municipal Code (schedule of fees) to add Section 5.02.105 "General Government Facilities Fees" establishing a City Facilities Impact Fees as part of the City's Development Impact Fee Program, and adopting necessary findings for the Establishment of the City Facilities Impact Fees; and
8. Consider first reading of Ordinance No. O-2026-08, an Ordinance of the City Council of the City of Placentia, California, amending Title 5 of the Placentia Municipal Code (Schedule Of Fees) by amending Chapters 5.01 (Fees Set by Resolution), 5.03 (Transit Oriented Development (TOD) Development Impact Fees), 5.12 (Fire Department) and 5.24 (Public Works Department) as part of the City's Development Impact Fee Program.
3. REGULAR AGENDA
3.a PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, ADDING CHAPTER 10.74 (FIREWORKS) TO TITLE 10 (PEACE,
MORALS, AND SAFETY) OF THE PLACENTIA MUNICIPAL CODE
Fiscal Impact:
None.
Recommended Action: It is recommended that the City Council:
Waive full reading, by title only, and introduce for first reading Ordinance No. O- 2026-06, an Ordinance of the City Council of the City of Placentia, California, adding Chapter 10.74 (Fireworks) to Title 10 (Peace, Morals, and Safety) of the Placentia Municipal Code.
3.b DISCUSSION REGARDING SHORT-TERM RENTAL REGULATIONS IN THE CITY OF PLACENTIA AND CONSIDERATION OF ORDINANCE NO. O-2026-04,
AN ORDINANCE OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING PLACENTIA MUNICIPAL CODE CHAPTER 6.45 RELATED TO SHORT-TERM
RENTALS
Fiscal Impact:
Potential for approximately $235,000 in revenue annually from Transient Occupancy Tax, based on FY 24-25 actuals.
Recommended Action: It is recommended that the City Council:
9 1. Receive the Staff report; and
2. Conduct discussion regarding Short -Term Rental regulations in the City of Placentia; and
3. Find that Ordinance No. O-2026-04 is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines; and
4. Consider first reading of Ordinance No. O-2026-04, an Ordinance of the City of Placentia, California, amending Placentia Municipal Code Chapter 6.45 related to Short -Term Rentals.
CITY COUNCIL MEMBERS REQUESTS:
Council Members may make requests or ask questions of Staff. If a Council Member would like to have formal action taken on a requested matter, it will be placed on a future Council or Board Agenda.
ADJOURNMENT
Adjourn in Memory of City Attorney Bettenhausen's Tate father, Dr. Jack M. Bettenhausen
The City Council/Successor Agency/ICDA/PPFA Board of Directors will adjourn to the next regular City Council meeting on Tuesday, May 5, 2026.
CERTIFICATION OF POSTING
I, Brooke Lovell, Deputy City Clerk for the City of Placentia and Assistant Secretary of the Industrial Commercial Development Authority, the Successor Agency, and the Placentia Financing Authority hereby certify that the Agenda for the April 21, 2026, meetings of the City Council, Successor Agency, and Industrial Commercial Development Authority, and the Placentia Public Financing Authority was posted on April 16, 2026. /s/ Brooke Lovell
Deputy City Clerk
10 Agenda Item No: 1.b
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: April 21, 2026
Submitted by: Brooke Lovell
From: City Clerk
Subject:
APPROVAL OF MINUTES
Recommendation:
Recommended Action: It is recommended that the City Council:
Approve minutes of the City Council/Successor Agency/ICDA/PPFA Regular Meeting on March 17, 2026; and the Special Meeting held on March 27, 2026.
Attachments
03.17.2026 CC MINUTES.pdf
03.27.2026 CC MINUTES - SPECIAL MEETING.pdf
11 Placentia City Council Regular Meeting
Placentia City Council acting as Successor Agency to the Placentia Redevelopment Agency, Placentia Industrial Commercial Development Authority, Placentia Public Financing Authority
MINUTES
March 17, 2026
16-01-1 .4 City Council Chambers - 401 E. Chapman Avenue, Placentia, CA AND Teleconference Location - 3221 Tubbs Road, Sebring, FL 33870 MINUTES OF THE PLACENTIA CITY COUNCIL CLOSED SESSION MEETING - 6:00 P.M.
CALL TO ORDER: Mayor Wanke called the meeting to order at 6:03 p.m.
ROLL CALL: PRESENT: Councilmember/Board Member Kirwin, Smith, Yamaguchi (Joined remotely at 6:14 p.m.), Wanke
ABSENT: Hummer (Excused)
ORAL COMMUNICATIONS: None
CLOSED SESSION PROCEEDINGS:
City Clerk McKinnell announced the City Council/ Boards of Directors recessed to the City Council Caucus Room for the purpose of conducting their Closed Session proceedings on the following:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section § 54956.9
Anna Venegas vs City of Placentia et al
Case No. 30-2023-01334754-CU-PO-NJC
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code § 54956.8
Property Address:
APN:
Agency Negotiator:
Negotiating Parties:
Under Negotiation:
+/- 1,000 square foot property located east of the 57 Orange Freeway, South of Orangethorpe Avenue and North of Nebraska Avenue, in the C-1 District None assigned
Jennifer Lampman, City Administrator
118 Orangethorpe, LLC
Price and Terms of Payment
3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section § 54957.6
Agency Designated
Representatives:
Employee Organization:
Jennifer Lampman, City Administrator
Alice Burnett, Director of Human Resources
Placentia City Employees Association (PCEA)
RECESS: The City Council and Boards of Directors recessed until their 7:00 p.m. Regular Meeting.
MINUTES OF THE PLACENTIA CITY COUNCIL REGULAR MEETING - 7:00 P.M.
CALL TO ORDER: Mayor Wanke called the meeting to order at 7:03 p.m.
ROLL CALL: PRESENT: Councilmember/Board Member Kirwin, Smith, Yamaguchi (Remote), Wanke ABSENT: Hummer (Excused)
STAFF PRESENT:
Placentia City Council/Successor Agency/ICDA/PPFA Minutes March 17, 2026
12
City Attorney/Authority Counsel Christian Bettenhausen; City Administrator Jennifer Lampman; Deputy City Administrator Rosanna Ramirez; Police Chief Brad Butts; Fire Chief Jason Dobine; Director of Development Services Joe Lambert; Director of Public Works Chris Tanio; Director of Human Resources Alice Burnett; Director of Finance Jerry Griggs; Deputy Director of Administrative Services Jeannette Ortega; City Clerk McKinnell; Deputy City Clerk Brooke Lovell
INVOCATION: Chaplain Kenneth Curry
PLEDGE OF ALLEGIANCE: Police Chief Brad Butts
PRESENTATIONS:
A. PRESENTATION OF THE CITIZENS' OVERSIGHT COMMITTEE CAPITAL IMPROVEMENT FORECAST Presenter: Citizens' Oversight Committee Chair, Robert McKinnell Chair McKinnell gave a PowerPoint presentation on the capital improvement forecast.
CLOSED SESSION REPORT:
City Attorney/Authority Counsel Bettenhausen stated the City Council took no reportable action.
CITY ADMINISTRATOR REPORT: None
ORAL COMMUNICATIONS:
Christine Marek, from the Orange County Commission on the Status of Women and Girls, presented the Commission's inaugural report to the City Council, requested assistance in disseminating it to Placentia residents and businesses, and indicated she would email an executive summary with a QR code link for wider access.
Laurie Arroyo, from the American Legion, thanked the City for its weekly briefing and support of the recent fundraiser benefiting the Placentia K-9 Foundation, recognized local businesses that contributed to the event, and invited veterans and the community to the March 29, 2026, Welcome -home event for Vietnam Veterans at the American Legion Post.
CITY COUNCIL/BOARD MEMBER COMMENTS:
Councilmember Kirwin announced applications for the 2026 Military Banner Recognition Program were open to Placentia residents, workers, active -duty service members, and honorably discharged veterans, with submissions accepted through October 21, 2026, and banners installed in November for a two-year display period. He also reported that nominations were being accepted for additions to the Placentia Veterans Monument, with approved honorees recognized during the City's Veterans Day Ceremony, and directed community members to submit registration forms through the Police Department for consideration.
Councilmember Smith extended St. Patrick's Day greetings and reported attending the His OC fundraising event supporting local sheltering and youth programs. He encouraged the community to attend the Vietnam Veterans recognition event at the American Legion on March 29, 2026. He announced the 10th Annual Love Placentia Day would take place on Saturday, April25, 2026, beginning with an 8:00 a.m. rally at El Dorado High School, followed by citywide volunteer projects and a community celebration. He invited residents to register for volunteer opportunities online.
Mayor Wanke highlighted several local businesses participating in the City's Centennial Business Partnership Program and described the various Centennial-themed products and promotions available. He reported receiving community inquiries related to water service rates in areas served by the Yorba Linda Water District and provided an update on the District's upcoming April 9, 2026, public hearing regarding proposed rate adjustments. He stated he reviewed the rate study with District leadership and found the proposed increase reasonable, and he encouraged residents seeking additional information to contact the District or participate in the hearing process.
Placentia City Council/Successor Agency/ICDA/PPFA Minutes March 17, 2026
13
Mayor Pro Tem Yamaguchi thanked staff for their work preparing a recent report and stated it provided helpful data for future Council discussions. He reported the Sewer, Utility, Recycling and Refuse Committee had met and forwarded several items for City Council's consideration. He mentioned United States Representative, Congressman Derek Tran, visited Old Town Placentia and presented a $250,000 check for Infrastructure Financing District (IFD) improvements, followed by a meeting with Councilmembers and lunch at Tony's Deli.
1. CONSENT CALENDAR:
Mayor Wanke pulled Item 1.k, to allow separate votes on each event. Motion by Wanke, seconded by Smith, and carried a 4-0-1 vote, to approve the balance of the Consent Calendar, as recommended, Hummer absent.
1.a CONSIDERATION TO WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: It is recommended that the City Council:
Approve
(Approved 4-0-1, as recommended, Hummer absent)
1.b APPROVAL OF MINUTES
Recommended Action: It is recommended that the City Council:
Approve minutes of the City Council/Successor Agency/ICDA/PPFA Regular Meetings held on June 3, 2025; June 17, 2025; July 1, 2025; July 15, 2025; and February 17, 2026; and the Special Meetings held on June 2, 2025; August 12, 2025; and February 17, 2026
(Approved 4-0-1, as recommended, Hummer absent)
1.c
REGISTERS FOR MARCH 17, 2026
Fiscal Im pact:
Check Registers $ 1,753,926.26
Electronic Disbursement Registers $ 3,847,849.19
Recommended Action: It is recommended that the City Council:
Receive and file.
(Approved 4-0-1, as recommended, Hummer absent)
1.d SECOND READING AND ADOPTION OF ORDINANCE NO. O-2026-01, AMENDING CHAPTER 23.73 OF
THE PLACENTIA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR
ACCESSORY DWELLING UNITS (JADUS) IN ACCORDANCE WITH STATE LAW (ZONING CODE AMENDMENT NO. ZCA 2026-01)
Fiscal Impact: None.
Recommended Action: It is recommended that the City Council:
1. Find that adoption of Ordinance No. O-2026-01, is statutorily exempt under CEQA Guidelines Section 15282(h) and is categorically exempt under the common sense exemption of CEQA Guidelines Section 15061(b)(3); and
2. Waive full reading, by title only, and adopt Ordinance No. O-2026-01, an Ordinance of the City Council of the City of Placentia, California, amending Chapter 23.73 of the Placentia Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in accordance with State law.
(Approved 4-0-1, as recommended, Hummer absent)
1.e SECOND READING AND ADOPTION OF ORDINANCE NO. O-2026-02, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING SECTION 22.80.021 OF CHAPTER
22.80 OF THE PLACENTIA MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND SECTION 23.13.010 OF CHAPTER 23.13 OF THE PLACENTIA MUNICIPAL CODE RELATING TO TWO -UNIT HOUSING DEVELOPMENTS IN ACCORDANCE WITH STATE LAW (ZONING CODE AMENDMENT NO. ZCA 2026-02) Fiscal Im Dact: None.
Recommended Action: It is recommended the City Council:
Placentia City Council/Successor Agency/ICDA/PPFA Minutes March 17, 2026
14
1. Find that adoption of Ordinance No. O-2026-02, is exempt from CEQA pursuant to Government Code Sections 65852.21(k) and 66411.7(n) in that the adoption of an ordinance relating to two -unit housing developments and urban lot splits are not considered a project under CEQA; and
2. Waive full reading, by title only, and adopt Ordinance No. O-2026-02, an Ordinance of the City Council of the City of Placentia, California, amending Section 22.80.021 of Chapter 22.80 of the Placentia Municipal Code relating to Urban Lot Splits and Section 23.13.010 of Chapter 23.13 of the Placentia Municipal Code relating to Two -Unit Housing Developments in accordance with State law.
(Approved 4-0-1, as recommended, Hummer absent)
1.f
RESOLUTION ADOPTING A NEW START TIME OF THE REGULAR MEETINGS OF THE CITY COUNCIL Fiscal Im act: The earlier start time is expected to reduce Staff overtime and extended -hour costs.
Recommended Action: It is recommended that the City Council:
Adopt Resolution No. R-2026-13, a Resolution of the City Council of the City of Placentia, California, Changing the Time of the Regular Meetings of the City Council. (Approved 4-0-1, as recommended, Hummer absent)
1.g RESOLUTION DESIGNATING OF INDIVIDUALS AUTHORIZED TO INVEST CITY MONIES IN THE LOCAL
AGENCY INVESTMENT FUND (LAIF)
Fiscal Impact: None.
Recommended Action: It is recommended that the City Council:
Adopt Resolution No. R-2026-15, A Resolution of the City Council of the City of Placentia, California, authorizing investment of monies in the Local Agency Investment Fund (LAIF). (Approved 4-0-1, as recommended, Hummer absent)
1.h APPROVAL OF AMENDED AND RESTATED NPDES STORMWATER PERMIT IMPLEMENTATION
AGREEMENT
Fiscal Im Dact: The City's financial contribution will be calculated annually based on its proportional share of land area and population, as outlined in the Agreement. Costs will be included in the City's annual budget for stormwater compliance.
Recommended Action: It is recommended that the City Council:
1. Approve the Amended and Restated National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement ("Agreement") between the County of Orange, Orange County Flood Control District (District), and participating Orange County cities (collectively called Permittees); and
2. Authorize the City Administrator to execute the Agreement and any related documents necessary to implement the terms of the Agreement.
(Approved 4-0-1, as recommended, Hummer absent)
1.i APPROVAL OF PURCHASE OF OFFICE FURNISHINGS WITH SHERIDAN GROUP FOR THE PLACENTIA
PUBLIC SAFETY CENTER
Fiscal Im pact:
Expense: $93,565.53 furniture for the Public Safety Center Available Budget: $212,856.95 (101-90300-9100 Project: 97 105213) Recommended Action: It is recommended that the City Council:
1. Approve a purchase order with the Sheridan Group pursuant to OMNIA procurement contract BNR482 in the amount of $93,565.53, to manufacture, ship and install the new office furnishings for the Placentia Public Safety Center; and
2. Authorize the City Administrator to approve contract change orders up to 10% of the total not -to - exceed purchase order amount; and
3. Authorize the City Administrator to execute the above -mentioned sales agreement, in a form approved by the City Attorney.
(Approved 4-0-1, as recommended, Hummer absent)
Placentia City Council/Successor Agency/ICDA/PPFA Minutes March 17, 2026
15
1.j
2025 HOUSING ELEMENT ANNUAL PROGRESS REPORT
Fiscal Impact: None.
Recommended Action: It is recommended that the City Council:
Receive and file the 2025 Housing Element Annual Progress Report. (Approved 4-0-1, as recommended, Hummer absent)
1.k SUSPENSION OF THE ORDINANCE PERTAINING TO THE OPERATION OF THE EGG DROP EVENT ON SATURDAY, APRIL 4, 2026, AT CHAMPIONS SPORTS PARK AND THE CALIFORNIA CELTIC FESTIVAL FUNDRAISER EVENT ON SATURDAY, JUNE 20, 2026, AND SUNDAY, JUNE 21, 2026, AT KRAEMER
MEMORIAL PARK
Fiscal Im Dact:
Kraemer Park Facility Use Fees: $ 5,042
Staffing: $ 5,500
Damage Deposit: S 614
Total Fiscal Impact: $11,156
Champion Sports Park Facility Use Fees: $ 1,480
Damage Deposit: S 360
Total Fiscal Impact: $ 1,840
Recommended Action: It is recommended that the City Council:
1. Approve a facility rental/use agreement with the California Celtic Festival to host the annual "Lovers of Celtic Culture" fundraiser event at Kraemer Memorial Park and authorize the City Administrator, or designee, to execute all applicable documents; and
(Approved 3-0-1-1, Smith recused; Hummer absent)
2. Approve a facility rental/use agreement with the Influence Church to host the annual "Helicopter Egg Drop" event at Champions Sports Park and authorize the City Administrator, or designee, to execute all applicable documents; and
(Approved 3-0-1-1, Yamaguchi recused; Hummer absent)
3. Adopt Resolution No. R-2026-16, A Resolution of the City Council of the City of Placentia, California, Approving the temporary suspension of regulatory ordinance sections 23.76.050 and 10.28.010 of the Placentia Municipal Code for the operation of the Annual "Helicopter Egg Drop" event on April 4, 2026, at Champions Sports Park, 505 N. Jefferson St., and The Lovers Of Celtic Culture Festival Fundraiser event on June 20, 2026, and June 21, 2026, at Kraemer Memorial Park, 201 N. Bradford Ave; and
4. Approve Staff's recommendation to waive facility use/rental and fees for the use of Champions Sports Park and Kraemer Memorial Park and not staff costs or the damage deposit associated with the operation of the event.
Mayor Wanke pulled Item 1.k, to allow separate votes on each event.
City Attorney/Authority Counsel Bettenhausen advised the temporary suspension resolution was no longer required under the updated Municipal Code. He clarified the only actions requiring Council approval were the facility rental agreements and fee waivers.
Mayor Pro Tem Yamaguchi recused himself at 7:44 p.m. from consideration of the Influence Church item due to a prior professional relationship.
Motion by Councilmember Kirwin, seconded by Mayor Wanke, and carried a 3-0-1-1 vote, to approve the facility rental/use agreement with Influence Church for the annual Helicopter Egg Drop event at Champions Sports Park, authorize the City Administrator or designee to execute all applicable documents, and approve the waiver of facility use/rental fees, excluding staff costs and the damage deposit, Yamaguchi recused and Hummer absent.
Placentia City Council/Successor Agency/ICDA/PPFA Minutes March 17, 2026
16
Mayor Pro Tem Yamaguchi returned to the dais at 7:44 p.m.
Councilmember Smith recused himself at 7:44 p.m. from consideration of the California Celtic Festival item due to involvement with the Orange County Law Enforcement Emerald Society, a benefactor of the event.
Motion by Councilmember Kirwin, seconded by Mayor Wanke, and carried a 3-0-1-1 vote, to approve the facility rental/use agreement with the California Celtic Festival for the annual event at Kraemer Memorial Park, authorize the City Administrator or designee to execute all applicable documents, and approve the waiver of facility use/rental fees, excluding staff costs and the damage deposit, Smith recused and Hummer absent.
Councilmember Smith returned to the dais at 7:45 p.m.
2. PUBLIC HEARINGS:
2.a PUBLIC HEARING AND CONSIDERATION OF PROPOSED PROGRAMS AND ACTIVITIES TO BE
SUBMITTED TO THE COUNTY OF ORANGE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR FISCAL YEAR 2026-27
Fiscal Impact: CDBG funds in the amount of $352,527 for Fiscal Year 2026-27.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing to consider proposed programs and activities for the Community Development Block Grant Funding for Fiscal Year 2026-27; and
2. Receive the Staff report, consider all public testimony, ask any questions of Staff; and
3. Close the Public Hearing; and
4. Authorize the City Administrator to submit an application to the County of Orange to receive CDBG Funds to support public service programs, public facilities improvements, housing rehabilitation needs, and administrative expenses for Fiscal Year 2026-27; and
5. Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.
(Approved 4-0-1, as recommended, Hummer absent)
Deputy Director of Administrative Services Jeannette Ortega gave a PowerPoint presentation on the item.
Public Hearing opened at 7:49 p.m.
Public Comments: None.
Public Hearing closed at 7:51 p.m.
Motion by Kirwin, seconded by Smith, and carried a 4-0-1 vote, to approve Item 2.a, as recommended, Hummer absent.
2.b PUBLIC HEARING, INTRODUCTION AND FIRST READING OF ORDINANCE NO. O-2026-03, OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, GRANTING TO CRIMSON CALIFORNIA PIPELINE, L.P., A
FRANCHISE TO OPERATE AND MAINTAIN CERTAIN PIPELINES AND APPURTENANCES FOR THE
TRANSPORTATION OF HYDROCARBON SUBSTANCES IN THE CITY OF PLACENTIA Fiscal Im Dact: Revenue: $9,063.06 Annually (101-90000-4201).
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing concerning Ordinance No. O-2026-03; and
2. Receive the staff report and consider all public testimony; and
3. Close the public hearing; and
4. Introduce the first reading, by title only, further reading waived, Ordinance No. O-2026-03, an Ordinance of the City Council of the City of Placentia, California, granting to Crimson California Placentia City Council/Successor Agency/ICDA/PPFA Minutes March 17, 2026
17
Pipeline, L.P., a franchise to operate and maintain certain pipelines and appurtenances for the transportation of hydrocarbon substances in the City of Placentia. (Approved 4-0-1, as recommended, Hummer absent)
Public Works Management Analyst Matthew Di Mario gave a PowerPoint presentation on the item.
Public Hearing opened at 7:52 p.m.
Public Comments: None.
Public Hearing closed at 7:54 p.m.
Motion by Smith, seconded by Wanke, and carried a 4-0-1 vote, to approve Item 2.b, as recommended, Hummer absent.
3. REGULAR AGENDA:
3.a APPOINTMENTS TO CITY COMMISSIONS, COMMITTEES AND BOARDS AND APPROVAL OF UPDATES
TO THE COMMISSION, COMMITTEE AND ADVISORY BOARD MANUAL
Fiscal Im pact: None.
Recommended Action: It is recommended that the City Council:
1. Make appointments and reappointments to the various City Commissions, Committees and Boards; and
2. Direct Staff to update the Local Appointments List to reflect these actions; and
3. Direct the City Clerk to solicit applications for the remaining vacancies; and
4. Review and adopt Resolution No. R-2026-14, A Resolution of the City Council of the City of Placentia, California, Adopting the Updated Commission, Committee, and Advisory Board Manual for Calendar Year 2026.
(Approved 4-0-1, as recommended, Hummer absent)
Mayor Wanke announced the following appointments and reappointments to the City's Commissions, Committees, and Advisory Boards:
Meeting Body Term Appointment/ Reappointment
Parks, Arts and Recreation Commission Four-year terms Lilia Queen (reappointed) Maverick Shuck (reappointed)
Planning Commission Four-year terms Gabriel Davis
Brandon Evans (reappointed)
Streetscape and Transportation Advisory Four-year term John Beltran Commission
Placentia Enhanced Infrastructure Financing Four-year terms John Beltran District Public Financing Authority TJ Shepherd
Financial Audit Oversight Committee Three-year terms Heather Gapik Glenn Casterline (reappointed)
Heritage Festival Committee Non -expiring terms Rodney Boaz Pablo Salcedo
Historical Committee Non -expiring term Kevin Chavez
Senior Advisory Committee Non -expiring terms Kay Chresaidos Pablo Salcedo
Veterans Advisory Committee Non -expiring terms Pablo Salcedo Humberto Macias
Motion by Wanke, seconded by Kirwin, and carried a 4-0-1 vote, to approve Mayor Wanke's recommended appointments and reappointments, Hummer absent.
Councilmember Kirwin requested Staff return at a future meeting with an item for further Council discussion and review of commissions and committees.
Placentia City Council/Successor Agency/ICDA/PPFA Minutes March 17, 2026
18
Motion by Yamaguchi, seconded by Wanke, and carried a 4-0-1 vote, to approve the balance of Item 3.a, as recommended, with direction to return at a future meeting for additional Council review of commissions and committees, Hummer absent.
3.b STUDY SESSION: FISCAL YEAR 2026-27 CAPITAL IMPROVEMENT PROGRAM Fiscal Impact: The fiscal impact will be determined with final adoption of the Fiscal Year 2026-27 CIP Budget.
Recommended Action: It is recommended that the City Council:
1. Approve Staff's recommendation to allocate 50% of Measure U towards infrastructure; and
2. Confirm use of Measure U funds towards the recommended projects or provide guidance on City Council priority projects.
(Direction provided, Hummer absent)
Director of Public Works Tanio and Deputy Director of Public Works Gabriel Guerrero-Gabany gave a PowerPoint presentation reviewing the purpose of the CIP, its prioritization process, and available funding sources. Staff explained Measure U revenues were projected at $9.2 million and that either 40% or 50% could be allocated to infrastructure depending on reserve levels. Staff also reviewed the top -ranked projects, including street rehabilitation, the City Hall roof replacement, and the Kevin Way storm drain replacement.
City Council discussed the Measure U reserve policy, long-term financial stability, and the need to maintain commitments made to the public. While acknowledging the importance of several infrastructure needs, City Council expressed concerns about relying on uncertain revenue projections and further reducing reserves.
Direction was given to proceed with funding the projects above the red line, consistent with the 40% Measure U allocation scenario, for preparation of the draft CIP and requested Staff to revisit the Police Department Women's Locker Room Renovation Project and the City Yard Administration Building Renovation Project during the budget process if revenues improved.
CITY COUNCIL/BOARD MEMBERS REQUESTS: None
ADJOURNMENT:
The City Council/Successor Agency/ICDA/PPFA Board of Directors adjourned at 8:39 p.m., in memory of Edgar Amis Maxwell Jr., good friend of former Mayor Craig S. Green since their 1968 deployment to Vietnam, to a regular City Council meeting on Tuesday, April 7, 2026.
Chad P. Wanke, Mayor/Agency Chair
ATTEST:
Robert S. McKinnell, City Clerk/Agency Secretary
Placentia City Council/Successor Agency/ICDA/PPFA Minutes March 17, 2026
19
Placentia City Council Special Meeting
MINUTES
March 27, 2026
Fire Station 2
1530 North Valencia Avenue, Placentia, CA
MINUTES OF THE PLACENTIA CITY COUNCIL SPECIAL CLOSED SESSION MEETING - 10:00 A.M.
CALL TO ORDER - Mayor Wanke called the meeting to order at 10:03 a.m.
ROLL CALL - PRESENT: Councilmember Hummer, Kirwin, Yamaguchi, Wanke ABSENT: Smith (Excused)
ORAL COMMUNICATIONS - None
CLOSED SESSION PROCEEDINGS
1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(4)
Initiation of Litigation: 1 case
RECESSED to Closed Session at 10:03 a.m.
RECONVENED in Open Session at 10:35 a.m.
CLOSED SESSION REPORT
City Attorney Bettenhausen reported a motion by Wanke, seconded by Hummer, and carried a 4-0-1 vote, to authorize the filing of a complaint against SiFi Placentia LLC and other related parties, Smith absent.
PLACENTIA CITY COUNCIL SPECIAL MEETING AGENDA- 10:30 A.M.
CALL TO ORDER - Mayor Wanke called the meeting to order at 10:36 a.m.
ROLL CALL - PRESENT: Councilmember Hummer, Kirwin, Yamaguchi, Wanke ABSENT: Smith (Excused)
PRESENTATION
A. PLACENTIA FIRE DEPARTMENT DEMONSTRATION
The Placentia Fire Department provided a hands-on demonstration to the City Council.
ADJOURNMENT
The City Council adjourned at 12:05 p.m., to a regular City Council meeting on Tuesday, April 7, 2026.
Chad P. Wanke, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Placentia City Council Special Meeting Minutes
March 27, 2026
20
Agenda Item No: 1.c
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: April 21, 2026
Submitted by: Gabriela Galin
From: Finance
Subject:
REGISTERS FOR APRIL 21, 2026
Financial Impact:
Fiscal Impact:
Check Registers $ 3,183,845.59
Electronic Disbursement Registers $ 9,416,400.56
Recommendation:
Recommended Action: It is recommended that the City Council:
Receive and file.
Attachments
Check register 03-12-2026.pdf
ACH-EFT register 03-12-2026.pdf
Check register 03-19-2026.pdf
ACH-EFT register 03-19-2026.pdf
Check register 03-26-2026.pdf
ACH-EFT register 03-26-2026.pdf
EFT Register 03.30.2026.pdf
Check register 04-02-2026.pdf
ACH-EFT register 04-02-2026.pdf
Check register 04-09-2026.pdf
ACH-EFT register 04-09-2026.pdf
21 City of Placentia
Check Register 3/12/26
V001435 PCN3 INC
V001289 MARIPOSA LANDSCAPES INC
V001593 SO CAL GAS
V001338 MUNICIPAL EMERGENCY SERVICES INC
V001094 GOLDEN STATE WATER COMPANY
V001262 LN CURTIS & SONS
V001779 YORBA LINDA WATER DISTRICT
V002168 OPTIMUS OPTIMORUM INVESTIGATIONS LLC
V001466 POWER PLUS
V001402 ORANGE COUNTY SANITATION DISTRICT
V001031 FAIRWAY FORD
V000800 BUCKNAM INFRASTRUCTURE GROUP INC
V000751 B & M LAWN & GARDEN CENTER
V001757 WEST COAST ARBORISTS INC
V002161 STEPHEN J WILLIAMS
V001800 ROY ALLAN SLURRY SEAL INC
V001435 PCN3 INC
V001503 QUALITY GLASS OC CORP
V001678 THINKSUPPLIES.COM
V000835 Vulcan Materials Co
V001732 US BANK PARS #6746022400
V001812 TEMPORARY STAFFING PROFESSIONALS INC
V001434 PCEA C/O NORTH ORANGE CO
V001338 MUNICIPAL EMERGENCY SERVICES INC
V001427 PARS
V001421 PACIFIC WEST AIR CONDITIONING
V001396 ORANGE COUNTY EMPLOYEES ASSN
V001208 JV PLUMBING
V001140 MYERS & SONS HI -WAY SAFETY INC
V002168 OPTIMUS OPTIMORUM INVESTIGATIONS LLC
V001897 OC ATAC
V000903 COMMERCIAL AQUATIC SERVICES
V002167 HART LEATHER
V001067 FRANCHISE TAX BOARD
V000886 CJ CMT INC
V000868 CICCS/EAP
V000873 CITY OF BREA
V000823 CALIFORNIA FORENSIC PHLEBOTOMY INC
V001810 FIRST AMERICAN DATA TREE LLC
V000691 ALLIANCE BUSINESS SERVICES INC
V000814 CALIFORNIA ASSOCIATION FOR PROPERTY & EVIDENCE
V001466 POWER PLUS
V002013 SELMAN & COMPANY LLC
V001058 FLOCK SAFETY
V001626 STATE FIRE TRAINING
V001626 STATE FIRE TRAINING
V001443 PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS
V001138 HIRSCH PIPE AND SUPPLY
V001140 MYERS & SONS HI -WAY SAFETY INC
V000636 SOUTHERN CALIFORNIA EDISON
V000636 SOUTHERN CALIFORNIA EDISON
V001132 HF&H CONSULTANTS LLC
V002020 GRIZZLY ENTERTAINMENT LLC
V001086 GLASBY MAINT. SUPPLY CO.
V002093 FULLY INVOLVED
V001029 FACTORY MOTOR PARTS
V002124 ANGELS BASEBALL LP
V001590 SKYHAWKS SPORTS ACADEMY LLC
V001658 TEAM ONE MANAGEMENT
V001663 THE BEE MAN
V000734 ASSI SECURITY INC
Total
IN Cameras Video Monitoring - Quarterly
Memo Amount , Document Number Date
PCN3 Retention payment 556,998.90 137218 3/12/2026
FY25-26 Citywide landscape maintenance: Jan 2026 23,138.11 137217 3/12/2026 So Cal Gas Charges - January to February 2026 2,339.87 137216 3/12/2026 High Visibility Parka 255.57 137215 3/12/2026
Golden State Water Charges January - February 2026 9,544.67 137214 3/12/2026 PD Uniforms 427.09 137213 3/12/2026
Yorba Linda Water District Charges - January to February 2026 972.63 137212 3/12/2026 Investigation Services: For work performed in January on the case number 26010501JM 18,163.75 137211 3/12/2026 generator rental 11/20/25 - 12/12/25 9,083.09 137210 3/12/2026 Q2 25-26 OCHCA FOG/BMP Inspections 62.50 137209 3/12/2026 FY 25-26 Vehicle Repair Parts/Services & Inspection 1,258.20 137208 3/12/2026 PMP Assessment FY 25-26: Jan 2026 12,635.37 137207 3/12/2026 5 -Gallon Safety Gas Can 195.21 137206 3/12/2026
Tree Removal - FY24-25 Residential Street Rehab Project 10,340.00 137205 3/12/2026 CDBG Housing Rehabilitation Program 13,173.00 137204 3/12/2026 FY 23-24 Residential Slurry Seal - Retention 1 of 2 56,254.17 137203 3/12/2026 PCN3 Retention payment 556,998.90 137202 3/12/2026
Glass replacement for Deputy Fire Chiefs Vehicle 1,090.80 137201 3/12/2026 Paper -Office Supplies 177.48 137200 3/12/2026
Paving Materials - Feb 2026 358.97 137199 3/12/2026
PARS PE02/28/26 PD03/06/26 3,080.46 137198 3/12/2026
Contract Temp for IT, Desktop Support Analyst 2,633.40 137197 3/12/2026 PCEA PE02/28/26 PD03/06/26 51.84 137196 3/12/2026
High Visibility Parka 156.81 137195 3/12/2026
Annual Asset Fee (prorated monthly) for January 2026 549.05 137194 3/12/2026 HVAC repair job at City Yard - 2.12.26 604.84 137193 3/12/2026 OCEA PE02/28/26 PD03/06/26 600.00 137192 3/12/2026
City Hall Plumbing Repairs 184.25 137191 3/12/2026
Street Supplies - Signs 1,353.94 137190 3/12/2026
Investigation Services: For work performed in January on the case number 26011401JM 2,113.75 137189 3/12/2026 Payment to attend the award ceremony for Anderson, Connell, Lemus 120.00 137188 3/12/2026 February Service at Gomez Pool 1,500.00 137187 3/12/2026 PFLS Department Hats 1,146.00 137186 3/12/2026
FTB PE02/28/26 PD03/06/26 107.73 137185 3/12/2026
Tuition for Ruben Rubalcava Adult Correctional Officer Course 3,506.25 137184 3/12/2026 CICCS Trust EAP by Anthem - Mar 2026 464.60 137183 3/12/2026 Business Cards -Jeannette Ortega 86.26 137182 3/12/2026 Feb PD Blood Draws 774.40 137181 3/12/2026
January 2026 Property Detail Reports 150.00 137180 3/12/2026 Fire Station 1 - Internet Fiber 733.73 137179 3/12/2026 Tuition for California Association for Property and Evidence for Nuvia Rodriguez 1,000.00 137178 3/12/2026 generator rental 10/23/25 - 11/19/25 7,900.90 137177 3/12/2026 Ward Smith - Life Policy Coverage for February 2026 5.00 137176 3/12/2026 Surveillance cameras at Navigation Center 29,700.00 137175 3/12/2026 Navarro Fire Fighter Certification Task Book 75.00 137174 3/12/2026 Aguirre Fire Fighter Certification Task Book 75.00 137173 3/12/2026 14,595.00 137172 3/12/2026
Supplies for Champions Sports Complex 35.80 137171 3/12/2026 Street Supplies - Signs 682.73 137170 3/12/2026
SoCal Edison Charges - January to February 2026 48,698.12 137169 3/12/2026 SoCal Edison Charges - November to December 2025 81,667.76 137168 3/12/2026 SB 1383Contract Assistance: Jan 2026 9,312.00 137167 3/12/2026 Deposit - Drone show for Centennial Birthday Celebration 7,500.00 137166 3/12/2026 FY 25-26 Janitorial Services - Urinal Screen Wave, Optima Bath Tissue, Terragreen Kick Plus 12x1 410.53 137165 3/12/2026 Fire Plan Check Services 949.00 137164 3/12/2026
FY 25-26: Vehicle Repair Parts - Odor Buster Auto Fogger, 2 1/8 (54mm) Square All 66.05 137163 3/12/2026 100 - Centennial Hats for Angels v. Dodgers Game on 03/22/2026 500.00 137162 3/12/2026 Instructor Payment Winter 2026 417.60 137161 3/12/2026
February 2026 - Janitorial Services for Park Restrooms 7,274.75 137160 3/12/2026 Work done at Whitten Center 245.00 137159 3/12/2026
Install Access Control & CCTV at PSB 34,640.99 137158 3/11/2026 1,539,136.82
22 City of Placentia
ACH-EFT Register 3/12/2026
Vendor
V000831 CALIFORNIA STATE DISBURSEMENT UNIT
V001752 WASHINGTON STATE DEPARTMENT OF SOCI
V001325 MISSION SQUARE
V001325 MISSION SQUARE
V001007 EMPLOYMENT DEVELOPMENT DEPT
V001173 INTERNAL REVENUE SERVICE
V000622 AMAZON CAPITAL SERVICES
V001798 BRIGHTVIEW LANDSCAPE SERVICES INC
V000794 BRENNAN FIRE AND SECURITIES INC
V000725 ARAMARK REFRESHMENT SERVICES
V000711 AMTECH ELEVATOR SERVICES
V001801 KOSMONT TRANSACTIONS SERVICES INC
V001567 SECO ELECTRIC & LIGHTING INC
V002166 GAVIN HOUN
V001458 PLACENTIA POLICE OFFICERS ASSOCIATION
V001457 PLACENTIA POLICE MANAGEMENT
V001453 PLACENTIA FIREFIGHTERS ASSOCIATION
V001805 ORACLE AMERICA INC
V000046 JAMES BANISTER
V001818 CHARLES ABBOTT ASSOCIATES INC
V000622 AMAZON CAPITAL SERVICES
V001164 INFRASTRUCTURE ENGINEERS
V000629 KRONOS SAASHR, INC
V000629 KRONOS SAASHR, INC
Total
Date Memo
3/12/2026 CHILD SUPP-CA PE02/28/26 PD03/06/26
3/12/2026 CHILD SUPP-WA PE02/28/26 PD03/06/26
3/12/2026 401A MGMT PE02/28/26 PD 03/06/26
3/12/2026 457 PE02/28/26 PD03/06/26
3/12/2026 CA TAX PE02/28/26 PD03/06/26
3/12/2026 FED TAX PE02/28/26 PD03/06/26
3/12/2026 Fire station supplies
3/12/2026 Park Landscaping Services - March
3/12/2026 Fire & Security Alarm Repairs Phase 2
3/12/2026 Coffee Supplies -Rental
3/12/2026 Annual Elevator Testing
3/12/2026 Project 2307.6 Placentia KMTC
3/12/2026 Tuffree Middle School Light Repair
3/12/2026 2/25-26 CSMFO - PER DIEM EXPENSES/TRAVEL
3/12/2026 PPOA PE02/28/26 PD03/06/26
3/11/2026 PPMA PE02/28/26 PD03/06/26
3/11/2026 PFFA PE02/28/26 PD03/06/26
3/12/2026 Financials ERP Software System
3/12/2026 Class Registration Reimbursement for J. Banister 3/12/2026 FOG Program MGMT SVS - Feb 2026
3/12/2026 Amazon - IT Dept
3/12/2026 Crowther Sewer Services for January 1 - 31, 2026 3/12/2026 JAN - UKG Subscription
3/12/2026 UKG Subscription
Total ACH
Total EFT
Document Number Amount
2,024.28
737.07
2,706.95
48,529.53
56,483.74
168,171.29
00000092/3 3,263.38
00000092/4 20,091.32
00000092/5 48,076.40
00000092/6 1,438.23
00000092/7 2,200.00
00000092/8 2,238.16
00000092/9 4,796.19
00000092/10 334.08
00000092/11 3,119.12
00000092/1 1,303.65
00000092/2 1,050.00
00000092/12 1,932.00
00000092/13 235.75
00000092/14 3,713.75
00000092/15 186.69
00000092/16 4,292.50
00000092/17 12,007.39
00000092/18 6,812.89
395,744.36
278,652.86
117,091.50
395,744.36
EFT Status
ACH - Paid Online
ACH - Paid Online
ACH - Paid Online
ACH - Paid Online
ACH - Paid Online
ACH - Paid Online
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
23 City of Placentia
Check Register 3/19/26
Name
V000769 BEN CLARK TRAINING CENTER
V001399 ORANGE COUNTY IRONWORKS INC
V000853 CELLEBRITE USA INC
V000005 ALEXANDER DIAZ
V000922 CPOA
V002143 BSN SPORTS
V002169 EBEGUE OGIAMIEN
V001110 GREENFIELDS OUTDOOR FITNESS INC
V001138 HIRSCH PIPE AND SUPPLY
V001152 IACP
V002145 INTERIOR DEMOLITION, INC
V001262 LN CURTIS & SONS
V001262 LN CURTIS & SONS
V001266 LONG BEACH BMW MOTORCYCLES
V001268 LOS ALTOS TROPHY CO
V001814 THE SALVATION ARMY
V000688 ALL CITY MANAGEMENT SERVICES INC
V001317 MIDAMERICA
V001406 ORANGE COUNTY TREASURER TAX COLLECTOR
V001501 QUADIENT INC
V000835 Vulcan Materials Co
V001715 TURBO DATA SYSTEMS INC
V000326 TLC Animal Removal Services
V001680 THREADCRAFT EMBOIDERY & PRINTING
V001663 THE BEE MAN
V001346 NAPA AUTO PARTS
V001346 NAPA AUTO PARTS
V001812 TEMPORARY STAFFING PROFESSIONALS INC
V001606 SOUTHERN CALIFORNIA NEWS GROUP
V001558 SC FUELS
V001148 HR GREEN PACIFIC INC
V001826 ADVANTEC CONSULTING ENGINEERS INC.
V000734ASSI SECURITY INC
V002170 DANIELAYALDE
V001093 GOLDEN STATE COMMUNICATIONS INC
V001029 FACTORY MOTOR PARTS
V001031 FAIRWAY FORD
V002116 SAGONA'S ALL CITY BACKFLOW
Memo
Fabian Valdez - Arrest ,Control PSP and Baton Update training Gate and Fence repairs: West Crowther Ave
Nathan Iniguez - Cellebrite Certified Operator for Inseyets training Let's Dance February 2026
Agency Membership
Beacon CH Base Anchors
Damage Deposit Refund
Kraemer Park Outdoor Fitness Equipment
'Plumbing Repair Materials - Gomez Center
IACP Membership - Anderson
Retention Payout
PD Uniforms - Valdez
PD Uniforms - Garza
PD Motorcycle Repairs
Placentia Youth Basketball Championship Medals Invoice 100048 Navigation Center Management Services FY 25 -26 - October 2025 2/15-28 Crossing Guard Services
4Q25 Administration Fee (ER)
FEBRUARY 2026 PARKING CITATIONS
Postage meter supplies
Paving Materials: 3/05/26
Feb Parking Citation Services
FY 25-26: Dead Animal Removal Services: Feb 2026
Staff Jacket
2101 Tuffree Blvd, Invoice 136833
Fleet Repair Supplies
Fleet Repair Supplies
Contract Temp for IT, Desktop Support Analyst
Newspaper Publications for January 2026
Fuel Purchases: 02/16/26 - 2/28/26
FY 25-26 On -Call Plan Check: Jan 2026
Golden Ave Bridge Construction support: Dec - Feb
HID
Refund for Credit Card Transaction Fee
Two -Way Radio & Airtime Subscription
FY 25-26: Vehicle Repair Parts
FY 25-26 Vehicle Repair Parts/Services: Tube Assembly
Annual BackflowTesting
Amount Document Number Date
128 137222 3/19/2026
2400 137223 3/19/2026
4845 137224 3/19/2026
400 137225 3/19/2026
1874.25 137226 3/19/2026
863.76 137227 3/19/2026
180 137228 3/19/2026
2430.56 137229 3/19/2026
398.89 137230 3/19/2026
110 137231 3/19/2026
4393.65 137232 3/19/2026
223.77 137233 3/19/2026
356.62 137234 3/19/2026
1138.14 137235 3/19/2026
1144.32 137236 3/19/2026
447632.48 137237 3/19/2026
5274.72 137238 3/19/2026
25 137239 3/19/2026
7084 137240 3/19/2026
316.14 137241 3/19/2026
2652.56 137242 3/19/2026
2482.18 137243 3/19/2026
600 137244 3/19/2026
75.08 137245 3/19/2026
295 137246 3/19/2026
163.16 137247 3/19/2026
16.15 137248 3/19/2026
2633.4 137249 3/19/2026
1995.69 137250 3/19/2026
10933.99 137251 3/19/2026
4868.75 137252 3/19/2026
750 137253 3/19/2026
2793.44 137254 3/19/2026
123.88 137255 3/19/2026
4200 137256 3/19/2026
454.73 137257 3/19/2026
290.01 137258 3/19/2026
3435 137259 3/19/2026
24 City of Placentia
Check Register 3/19/26
V001612 SOUTHWEST LIFT & EQUIPMENT INC
V001013 EPIC LAND SOLUTIONS INC.
V000616 AT&T
V000903 COMMERCIAL AQUATIC SERVICES
V001029 FACTORY MOTOR PARTS
V001138 HIRSCH PIPE AND SUPPLY
V001146 HOUSTON & HARRIS PCS INC
V001301 MCFADDEN-DALE HARDWARE CO.
V001716 TURNOUT MAINTENANCE COMPANY LLC
V001727 UNITED RENTALS NORTH AMERICA INC.
V001794 COUNTY OF ORANGE
V001501 QUADIENT INC
V002149 BANNER BANK
V001029 FACTORY MOTOR PARTS
V001203 JONES & MAYER
V001558 SC FUELS
V000892 CLIFTONLARSONALLEN LLP
V000616 AT&T
V000616 AT&T
V000616 AT&T
V001606 SOUTHERN CALIFORNIA NEWS GROUP
V000835 Vulcan Materials Co
V001165 INGLIS IMPORTS INC
V001188 JACOB GREEN & ASSOCIATES INC
Overall Total
Vehicle Lift Inspection and Repair
GoldenAv Bridge JL61116
Ipads Acct# 287248890794 - Feb 2026
Civic Center Fountain Maintenance: February 2026
FY 25-26: Vehicle Repair Parts
Plumbing Repair Materials - City Hall
Emergency Work at Jefferson
Facilities Supplies Silica Sand Num 60
PPE Cleaning
Concrete Trailer Mixer + Cover Drum
February AFIS Services
April2026 Services
Retention - RJ Noble Pay App 2
FY 25-26: Vehicle Repair Parts
Placentia - Ballot Measures - William Berry
Fuel Purchases: 03/01/26 - 03/15/26
Financial Audit FY24/25
FirstNet Fire & PD FAN # 08048052 - Feb 2026
Acct 333291678 - CH Fiber
FirstNet FAN # 57557082 - Feb 2026
Newspaper Publications for February 2026
Paving Materials
K9 Maintenance Training Enzo 7 Zero
Facilitation Services -Team Building, Council Goal Setting 1723.55 137260 3/19/2026
822.03 137261 3/19/2026
515.73 137262 3/19/2026
700 137263 3/19/2026
160.43 137264 3/19/2026
38.13 137265 3/19/2026
344.85 137266 3/19/2026
111.85 137267 3/19/2026
231.1 137268 3/19/2026
284.65 137269 3/19/2026
1565 137270 3/19/2026
136.86 137271 3/19/2026
83861.62 137272 3/19/2026
203 137273 3/19/2026
58274.54 137274 3/19/2026
14069.92 137275 3/19/2026
12470.96 137276 3/19/2026
2379.93 137277 3/19/2026
107 137278 3/19/2026
1820.18 137279 3/19/2026
1915.05 137280 3/19/2026
1199.7 137281 3/19/2026
5000 137282 3/19/2026
9152 137283 3/19/2026
717070.4
25 City of Placentia
ACH-EFT Register 3/19/2026
Vendor
V001480 PRINCIPAL NATIONAL LIFE INSURANCE
V000622 AMAZON CAPITAL SERVICES
V000869 CIRA
V000086 MICHAEL BUTTS
V000138 DREW BRIAN
V000189 JOSEPH GILLIS
V000564 FABIAN VALDEZ
V000233 MATT HERREN
V000410 PEREZ LARISSA
V000437 RADOMSKI DAVID
V002171 SHELLEY KENNELL
V002172 GABRIEL GUERRERO-GABANY
V001424 PARKHOUSE TIRE INC
V001486 PRUDENTIAL OVERALL SUPPLY
V001549 SAGECREST PLANNING AND ENVIRONI
V001711 TRUIST GOVERNMENTAL FINANCE
V001711 TRUIST GOVERNMENTAL FINANCE
V002163 ADEL REFAIE
V002164 TRENT M PRESTON
V000608 FELIPE ZAMBRANO
V002165 MICHELLE S KHZOUZ
V000711 AMTECH ELEVATOR SERVICES
V000934 CSG CONSULTANTS INC
V001531 RJ NOBLE COMPANY
V000944 DTA Public Finance INC
V002148 CO BROTHERS LLC
V000290 LEMUS FREDDY
V000210 GRIFFITH CHELSIE
V000448 REVARD TAYLOR
V000287 DANIEL LEE
V001462 PLACEWORKS
V001010 ENTERPRISE FLEET MANAGEMENT
Date Memo
3/19/2026 APRIL 2026 _ Whole Life Insurance - Executive Bonus 3/19/2026 Coffee & Office Supplies 00000095/1
3/19/2026 CIRA Gen Liability Deductible Quarterly 00000095/2 3/19/2026 February Toll Road Charges 00000095/3
3/19/2026 Meal and Mileage reimbursement for Arrest and Control PSP and 00000095/4 3/19/2026 Meals reimbursement for Arrest and Control PSP and Baton Updz 00000095/5 3/19/2026 Reimbursement for Meals - SFST 00000095/6
3/19/2026 Reimbursement for meals and mileage for Arrest & Control Baton 00000095/7 3/19/2026 Meal reimbursement for Tactical Searching with K9 training 3/19/2026 Meal reimbursement for Management Course - Module C 3/19/2026 PE License renewal fee
3/19/2026 PE License renewal fee
3/19/2026 FY 25-26: Tires for City Vehicles
3/19/2026 Uniform Laundry Service: March 4, 2026
3/19/2026 February 2026 On -Call Building Inspection Services 3/17/2026 990500034600002 2/1/2026
3/17/2026 990500034600001 2/1/2026
3/19/2026 CPRS 2026 - Travel Expense
3/19/2026 CPRS 2026 - Travel Expense
3/19/2026 CPRS 2026 - Travel Expense
3/19/2026 CPRS 2026 - Travel Expense
3/19/2026 FY 25-26: Elevator Maintenance Services: Feb 2026 3/19/2026 February 2026 On -Call Building Services - Building Plan Review 3/19/2026 FY 24-25 Residential Street Rehab Project
3/19/2026 February 2026Development Impact Fee Study
3/19/2026 Old Town Facade Improvement Project - Pay App 2 3/19/2026 Meals and Mileage reimbursement for Arrest and Control PSP am 00000095/24 3/19/2026 Reimbursement for meals and mileage for Civilian Leadership tria 00000095/25 3/19/2026 Meal reimbursement for Arrest and Control PSP and Baton Updat 00000095/26 3/19/2026 Meal and Mileage reimbursement for Arrest & Control PSP and B. 00000095/27 3/19/2026 February 2026 SP5 Update 00000095/28
3/19/2026 PD VH Lease Charges March 2026 00000095/29
Total ACH
Total EFT
Payroll 2601006
Grand total
Document Number Amount EFT Status
1,573.82 ACH - Paid Online
170.64 EFT Payment
50,088.93 EFT Payment
279.25 EFT Payment
55.59 EFT Payment
45.00 EFT Payment
135.00 EFT Payment
325.02 EFT Payment
00000095/8 172.00 EFT Payment
00000095/9 303.00 EFT Payment
00000095/10 180.00 EFT Payment
00000095/11 180.00 EFT Payment
00000095/12 1,235.06 EFT Payment
00000095/13 336.26 EFT Payment
00000095/14 1,558.00 EFT Payment
00000094/1 108,000.62 EFT Payment
00000094/2 206,295.99 EFT Payment
00000095/15 129.00 EFT Payment
00000095/16 129.00 EFT Payment
00000095/17 260.95 EFT Payment
00000095/18 207.30 EFT Payment
00000095/19 356.00 EFT Payment
00000095/20 13,730.84 EFT Payment
00000095/21 1,593,370.72 EFT Payment
00000095/22 8,448.06 EFT Payment
00000095/23 60,490.09 EFT Payment
72.26 EFT Payment
112.04 EFT Payment
45.00 EFT Payment
88.65 EFT Payment
8,332.50 EFT Payment
49,626.95 EFT Payment
1,573.82
2,104,759.72
661,521.97
2,767,855.51
26 City of Placentia
Check Register 3/26/26
Name
V001678 THINKSUPPLIES.COM
V001262 LN CURTIS & SONS
V001048 FIREMAN'S GRAPHIC'S
V001794 COUNTY OF ORANGE
V001794 COUNTY OF ORANGE
V001400 ORANGE COUNTY KARATE CENTER LLC
V002078 YORBA COUNTRY CAR WASH
V001479 PRIMEX CLINICAL LABORATORIES INC
V002177 J MARTIN IAQ
V001500 QUADIENT FINANCE USA INC
V001662
V001812
V001590
V001266
V001848
V001138
V001136
V000484
V000903
V000623
V000648
V001188
V000656
V001262
V001374
V001732
V001396
V001779
V001588
V001790
V001346
V001301
V002000
V001256
V001067
V000903
V000747
V001434
V002176
V001697
V001780
Total
THE ART OF DANCE & BALLET ACADEMY
TEMPORARY STAFFING PROFESSIONALS
SKYHAWKS SPORTS ACADEMY LLC
LONG BEACH BMW MOTORCYCLES
JOHNNY ALLEN TENNIS ACADEMY
HIRSCH PIPE AND SUPPLY
HINDERLITER DE LLAMAS & ASSOC
JESSICA RUGGLES
COMMERCIAL AQUATIC SERVICES
ANAHEIM ICE
911VEHICLE
JACOB GREEN & ASSOCIATES INC
ADMINSURE
LN CURTIS & SONS
NORTH NET TRAINING AUTHORITY
US BANK PARS #6746022400
ORANGE COUNTY EMPLOYEES ASSN
YORBA LINDA WATER DISTRICT
SITEONE LANDSCAPE SUPPLY LLC
WILLDAN ENGINEERING
NAPA AUTO PARTS
MCFADDEN-DALE HARDWARE CO.
INTERNATIONAL CODE COUNCIL INC
LIEBERT CASSIDY WHITMORE
FRANCHISE TAX BOARD
COMMERCIAL AQUATIC SERVICES
AXIS GENERAL CONTRUCTION INC
PCEA C/O NORTH ORANGE CO
EDGAR TABARES
TRAFFIC MANAGEMENT
YORBA REGIONAL ANIMAL HOSPITAL
Memo
Paper -Office Supplies
PD Uniforms - Yamaguchi
ID name tags
PD Radio equipment install/removal
Q3 Animal Shelter Construction Payment
Instructor Payment - Winter 2026
Car wash services: Feb 2026
Placentia Fire Training
Cancellation of Building Permit #B26-0185 for 612 Pinehurst Ave ACCT # 7900 0440 8052 1796
Instructor Payment - Winter 2026
IN( Contract Temp for IT, Desktop Support Analyst
Instructor Payment - Winter 2026
PD Motorcycle Repairs
Instructor Payment - Winter 2026
Acct# 18099
Contract Services - Transactions Tax - Jan -Mar
Instructor Payment - Winter 2026
Pool Maintenance Contract
Instructor Payment - Winter 2026
Battery Replacement
Council Goal Setting
February 2026: Worker's Compensation Claims
5 Gal. NB Fluorine Free Firefighting Foam
Murphy - Company Officer 2B and 2E Classes
PARS PE03/14/26 PD03/20/26
OCEA PE03/14/26 PD03/20/26
Yorba Linda Water District Charges January to February 2026 FY 25-26: Irrigation Supplies
SSMP Update and Audit Services Thru 2/27/26
Fleet Repair Supplies
Facilities Supplies: Brass Hex
ICC Membership (4/23/26 through 4/22/27)
FLSA Advice/Council: For professional services rendered through February 28, 2026 FTB PE03/14/26 PD03/20/26
Civic Center Fountain Maintenance: January 2026
Feb 2026 Monthly PM: Kraemer
PCEA PE03/14/26 PD03/20/26
C&D Roof bond reimbursement: 30-26-009: 1046 Snow Ln
Late Charge
K9 Medical Services - Enzo
Amount Cument Num Date
236.64 137324 3/26/2026
131.50 137323 3/26/2026
247.96 137322 3/26/2026
3,983.47 137321 3/26/2026
15,153.93 137320 3/26/2026
26.00 137319 3/26/2026
323.00 137318 3/26/2026
323.00 137317 3/26/2026
1,689.00 137316 3/26/2026
7,030.00 137315 3/26/2026
361.40 137314 3/26/2026
1,316.70 137313 3/26/2026
417.60 137312 3/26/2026
94 0.0 2 137311 3/26/2026
327.60 137310 3/26/2026
31.94 137309 3/26/2026
2,571.29 137308 3/26/2026
612.00 137307 3/26/2026
1,500.00 137306 3/26/2026
222.30 137305 3/26/2026
1,939.50 137304 3/26/2026
3,718.00 137303 3/26/2026
5,310.00 137302 3/26/2026
2,030.00 137301 3/26/2026
830.00 137300 3/26/2026
3,254.26 137299 3/26/2026
575.00 137298 3/26/2026
536.33 137297 3/26/2026
2,250.60 137296 3/26/2026
1,490.50 137295 3/26/2026
980.90 137294 3/26/2026
95.36 137293 3/26/2026
310.00 137292 3/26/2026
1,379.50 137291 3/26/2026
107.73 137290 3/26/2026
700.00 137289 3/26/2026
2,925.00 137288 3/26/2026
49.68 137287 3/26/2026
100.00 137286 3/26/2026
113.89 137285 3/26/2026
124.99 137284 3/26/2026
66,266.59
27 City of Placentia
ACH-EFT 03/26/2026
Vendor
V000831 CALIFORNIA STATE DISBURSEMENT UNIT
V001325 MISSION SQUARE
V001752 WASHINGTON STATE DEPARTMENT OF SOCIA
V000829 CALIFORNIA PUBLIC EMPLOYEE'S RETIREMEN
V001007 EMPLOYMENT DEVELOPMENT DEPT
V001173 INTERNAL REVENUE SERVICE
V001325 MISSION SQUARE
V001086 GLASBY MAINT. SUPPLY CO.
V001723 UNDERGROUND SERVICE ALERT/SC
V001457 PLACENTIA POLICE MANAGEMENT
V001458 PLACENTIA POLICE OFFICERS ASSOCIATION
V001453 PLACENTIA FIREFIGHTERS ASSOCIATION
V000743 AVENU INSIGHTS & ANALYTICS LLC
V000622 AMAZON CAPITAL SERVICES
V001076 GAMETIME
V001567 SECO ELECTRIC & LIGHTING INC
V002156 WINSPIRE INC
V000330 MARTINEZ JOHN
V000374 MAC NAVARRO
V001756 WEATHERPROOFING TECHNOLOGIES INC
V001164 INFRASTRUCTURE ENGINEERS
V000943 DATA TICKET INC.
V000934 CSG CONSULTANTS INC
Total
Date Memo
3/26/2026 CHILD SUPP-CA PE03/14/26 PD03/20/26
3/26/2026 401A MGMT PE03/14/26 PD 03/20/26
3/26/2026 CHILD SUPP-WA PE03/14/26 PD03/20/26
3/26/2026 CALPERS PE01/03/26 PD01/09/26
3/26/2026 CA TAX PE03/14/26 PD03/20/26
3/26/2026 FED TAX PE03/14/26 PD03/20/26
3/26/2026 401A FIRE PE03/14/26 PD03/20/26
3/26/2026 FY 25-26 Janitorial Services: Graffiti removal 3/26/2026 Monthy Database Maintenance Fee
3/26/2026 PPMA PE03/14/26 PD03/20/26
3/26/2026 PPOA PE03/14/26 PD03/20/26
3/26/2026 PFFA PE03/14/26 PD03/20/26
3/26/2026 Short Term Rental Setup & Compliance Pro Bundle Year 2 - 2/24/26-2/23/27 3/26/2026 Amazon Check Invoice 16TH-CXYK-7793
3/26/2026 Goldenrod Rope Replacement for Playground
3/25/2026 Light repairs at Parque de Los Ninos
3/26/2026 Celtic Journey: Ireland Adventure, Silent Auction Item for Mayor's Gala 3/25/2026 Reimbursement for Meals and Miles for CAHN Southern Regio Training Day 3/26/2026 Reimbursement for meals and mileage for Arrest and Control and Baton Upth 3/25/2026 Nav Center Roof Repair
3/26/2026 February 2026 Building & Safety Plan Check/Building (for September 2025 Fl 3/26/2026 February 2026 Code Enforcement Citation Processing 3/26/2026 February 2026 WELO Landscaping Plan Checking Fees Total ACH
Total EFT
Amount
2,023.41
2,706.96
737.07
622,085.74
45,117.04
135,510.19
48,563.04
3,123.81
182.63
1,216.74
3,092.86
1,050.00
6,300.00
2,168.53
640.57
1,640.77
2,999.00
103.29
100.25
8,390.00
1,380.00
2,190.15
185.00
891,507.05
856,743.45
34, 763.60
891,507.05
EFT Status
ACH - Paid Online
ACH - Paid Online
ACH - Paid Online
ACH - Paid Online
ACH - Paid Online
ACH - Paid Online
ACH - Paid Online
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
28 City of Placentia
EFT Register 03/30/2026
Vendor
E000004 ALBERT BERMUDEZ
E000126 Aldwir Mamoun
E000008 ANDREW DEAN
E000389 ARLENE J OLEA
E000013 ARLENE M COOK
E000485 ARNULFO RUIZ
E000014 ARTHUR BURGNER
E000456 AIDA RIVERA
E000431 ERIC POINT
E002112 JOEL H CARDENAS
E000096 ROBERT CHANG
E000565 THOMAS VALENTINE
E000039 GEOFFREY COBBETT
E000453 RUSSELL J RICE
E000601 BRIAN YAMAGUCHI
E000590 STEPHEN WIEST
E000143 NORMAN ECKENRODE
E000413 ROBERT PEREZ
E000098 ROBERTA JO DICKSON
E000254 ROBERT JENKINS
E000093 PRESTON DAVID
E000480 RICHARD D ROSE
E000059 JOHN T ARMSTRONG
E000097 ROBERT D'AMATO
E000505 BEVERLY SCHLIEDER
E000528 GARY A SPRAGUE
E000173 KAREN GALLANT
E000137 CAROL DOWNEY
E000239 KATHERINE HOLTSCLAW
E000597 LARRY M WORDEN
E000051 JAY SCOTT AUDISS
E000019 CAROLYN DAVIS
E000426 STEPHEN PISCHEL
E000420 WALTER PICHON
E000584 KATHLEEN A WAHL
E000349 SCOTT MILLSAP
E000527 PHILIP J SOTO
E000445 KIM R REDIFER
E000185 KITTY GARNER
E000256 ROBERT JONES
E000255 SHARON JOHNSON
E000020 CHARLES A BABCOCK
E000348 RICHARD MILLER
E000404 RAYNALD PASCUA
Date Memo Document Number
3/30/2026 Apr - Medican ins reimb 00000099/1
3/30/2026 Apr - Medican ins reimb 00000099/84
3/30/2026 Apr - Medican ins reimb 00000099/83
3/30/2026 Apr - Medican ins reimb 00000099/82
3/30/2026 Apr - Medican ins reimb 00000099/81
3/30/2026 Apr - Medican ins reimb 00000099/80
3/30/2026 Apr - Medican ins reimb 00000099/79
3/30/2026 Apr - Medican ins reimb 00000099/78
3/30/2026 Apr - Medican ins reimb 00000099/77
3/30/2026 Apr - Medican ins reimb 00000099/76
3/30/2026 Apr - Medican ins reimb 00000099/75
3/30/2026 Apr - Medican ins reimb 00000099/74
3/30/2026 Apr - Medican ins reimb 00000099/73
3/30/2026 Apr - Medican ins reimb 00000099/72
3/30/2026 Apr - Medican ins reimb 00000099/71
3/30/2026 Apr - Medican ins reimb 00000099/70
3/30/2026 Apr - Medican ins reimb 00000099/69
3/30/2026 Apr - Medican ins reimb 00000099/68
3/30/2026 Apr - Medican ins reimb 00000099/67
3/30/2026 Apr - Medican ins reimb 00000099/66
3/30/2026 Apr - Medican ins reimb 00000099/65
3/30/2026 Apr - Medican ins reimb 00000099/64
3/30/2026 Apr - Medican ins reimb 00000099/63
3/30/2026 Apr - Medican ins reimb 00000099/62
3/30/2026 Apr - Medican ins reimb 00000099/61
3/30/2026 Apr - Medican ins reimb 00000099/60
3/30/2026 Apr - Medican ins reimb 00000099/59
3/30/2026 Apr - Medican ins reimb 00000099/58
3/30/2026 Apr - Medican ins reimb 00000099/57
3/30/2026 Apr - Medical ins reimb 00000099/56
3/30/2026 Apr - Medical ins reimb 00000099/55
3/30/2026 Apr - Medical ins reimb 00000099/54
3/30/2026 Apr - Medical ins reimb 00000099/53
3/30/2026 Apr - Medical ins reimb 00000099/52
3/30/2026 Apr - Medical ins reimb 00000099/51
3/30/2026 Apr - Medical ins reimb 00000099/50
3/30/2026 Apr - Medical ins reimb 00000099/49
3/30/2026 Apr - Medical ins reimb 00000099/48
3/30/2026 Apr - Medical ins reimb 00000099/47
3/30/2026 Apr - Medical ins reimb 00000099/46
3/30/2026 Apr - Medical ins reimb 00000099/45
3/30/2026 Apr - Medical ins reimb 00000099/44
3/30/2026 Apr - Medical ins reimb 00000099/43
3/30/2026 Apr - Medical ins reimb 00000099/42
Amount
EFT Status
560.00 EFT Payment
865.44 EFT Payment
1,810.00 EFT Payment
522.78 EFT Payment
522.78 EFT Payment
1,282.00 EFT Payment
522.78 EFT Payment
180.39 EFT Payment
2,163.60 EFT Payment
1,282.00 EFT Payment
1,277.00 EFT Payment
2,163.60 EFT Payment
522.78 EFT Payment
1,380.00 EFT Payment
1,093.90 EFT Payment
522.78 EFT Payment
522.78 EFT Payment
180.39 EFT Payment
180.39 EFT Payment
1,169.00 EFT Payment
522.78 EFT Payment
180.39 EFT Payment
1,132.00 EFT Payment
180.39 EFT Payment
865.44 EFT Payment
1,160.00 EFT Payment
522.78 EFT Payment
522.78 EFT Payment
560.00 EFT Payment
377.43 EFT Payment
2,593.00 EFT Payment
180.39 EFT Payment
1,391.85 EFT Payment
437.00 EFT Payment
180.39 EFT Payment
2,410.60 EFT Payment
522.78 EFT Payment
1,160.00 EFT Payment
522.78 EFT Payment
319.29 EFT Payment
180.39 EFT Payment
435.00 EFT Payment
1,160.00 EFT Payment
1,715.00 EFT Payment
29 City of Placentia
EFT Register 03/30/2026
E000049 JAMIE DELOS SANTOS
E000529 JEFFREY STEPHEN
E000537 DAVID M TAYLOR
E000558 WILLIAM TRIFOS
E000614 JOHN ZINN
E002062 Joseph W Higgins
E000058 JOHN P CHANDLER
E000423 MATEO PINEDA
E000172 GLENN H FULLER
E000249 SUZETTE IRVINE
E000085 MICHAEL BUSSE
E000258 JANET JUAREZ
E000033 DONALD BUNNELL
E000458 MICHAEL ROACH
E000272 RICHARD L KIRKLAND
E000259 TERRELL JUDD
E000184 JO ANN GARNER
E000459 SANDRA ROBB
E000452 MATTHEW REYNOLDS
E000542 DARYLL L THOMANN
E000299 DIANE M LITTLE
E000492 LEE R SALE
E000525 WARD SMITH
E000577 WILLIAM VERSTYNEN
E000301 CORINNE LOOMIS
E000403 RICHARD PASCARELLA
E000372 JOSEPH D NAJERA
E000152 ROSALINDA ESPINOZA
E000101 SHARLENE BEALS
E000150 LILLIAN ESCOBOSA
E000171 JUERGEN FRICKE
E000080 MARLA ANDERSON
E000320 MICHAEL L MAERTZWEILER
E000538 LINDA TAYLOR
E000213 DENNIS L GRIMM
E000449 ROGER T REYES
E000310 B J LOWREY
E000346 JAMES MILANO
E000399 GEORGE PALMER GEORGE
E000336 JAMES MCELHINNEY
Total
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
3/30/2026 Apr - Medical ins reimb
00000099/41
00000099/40
00000099/39
00000099/38
00000099/37
00000099/36
00000099/35
00000099/34
00000099/33
00000099/32
00000099/31
00000099/30
00000099/29
00000099/28
00000099/27
00000099/26
00000099/25
00000099/24
00000099/23
00000099/22
00000099/21
00000099/20
00000099/19
00000099/18
00000099/17
00000099/16
00000099/15
00000099/14
00000099/13
00000099/12
00000099/11
00000099/10
00000099/9
00000099/8
00000099/7
00000099/6
00000099/5
00000099/4
00000099/3
00000099/2
264.31 EFT Payment
522.78 EFT Payment
573.00 EFT Payment
1,160.00 EFT Payment
560.00 EFT Payment
560.00 EFT Payment
1,586.00 EFT Payment
522.78 EFT Payment
1,160.00 EFT Payment
503.50 EFT Payment
842.15 EFT Payment
180.39 EFT Payment
522.78 EFT Payment
1,093.90 EFT Payment
180.39 EFT Payment
522.78 EFT Payment
180.39 EFT Payment
180.39 EFT Payment
854.32 EFT Payment
1,169.00 EFT Payment
437.00 EFT Payment
522.78 EFT Payment
405.15 EFT Payment
180.39 EFT Payment
560.00 EFT Payment
2,410.60 EFT Payment
560.00 EFT Payment
560.00 EFT Payment
180.39 EFT Payment
503.50 EFT Payment
1,160.00 EFT Payment
522.78 EFT Payment
522.78 EFT Payment
560.00 EFT Payment
435.00 EFT Payment
522.78 EFT Payment
435.00 EFT Payment
522.78 EFT Payment
1,160.00 EFT Payment
983.70 EFT Payment
64,240.34
30 City of Placentia
Check Register 04/02/2026
Name
V001317 MIDAMERICA
V001794 COUNTY OF ORANGE
V000861 CHARTER COMMUNICATIONS
V001740 VERIZON WIRELESS
V001812 TEMPORARY STAFFING PROFESSIONALS IN
V000638 T -MOBILE
V000638 T -MOBILE
V001402 ORANGE COUNTY SANITATION DISTRICT
V001354 NATIONAL TESTING NETWORK INC
V001318 MIKE RAAHAUGES SHOOTING ENTERPRISE
V001262 LN CURTIS & SONS
V001794 COUNTY OF ORANGE
V000861 CHARTER COMMUNICATIONS
V000853 CELLEBRITE USA INC
V001127 HEALTHPOINTE MEDICAL GROUP INC
V000955 DEPARTMENT OF JUSTICE
V000734 ASSI SECURITY INC
V000688 ALL CITY MANAGEMENT SERVICES INC
V000663 AIR EXCHANGE INC
V002093 FULLY INVOLVED
Total
Memo
3Q25 Administration Fee (ER)
Install Helmet Communications
Spectrum Acct 189952201
Acct 572549101-0001
Contract Temp for IT, Desktop Support Analyst
Acct 990643611 - Devices & Data
2/21-3/20 PD Phone Services
OCSD Capital Facilities Capacity Charge for February 20; Annual Renewal March 10, 2026- March 10, 2027
3/17 Range Training
PD Uniforms - Flores
Feb OCATS Circuit Support
Spectrum Acct 189080101
Cellebrite Subscription
Pre -Employment Physical Exams
Feb Livescan Screenings
HID Badge Cards
3/1-14 Crossing Guard Services
Engine exhaust system maintenance
Fire Plan Check Services - March
Amount
10.00 889.04
4,862.50
1,859.19
2,633.40
2,630.69
3,444.90
69,885.80
500.00
150.00
202.70
1,104.51
1,185.36
13,999.39
1,511.00
300.00
1,095.40
5,860.80
1,296.86
1,139.50
114,561.04
Document Number
137344
137343
137342
137341
137340
137339
137338
137337
137336
137335
137334
137333
137332
137331
137330
137329
137328
137327
137326
137325
Date
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
City of Placentia
ACH-EFT Register
04/02/2026
Vendor
V000829 CALIFORNIA PUBLIC EMPLOYEE'S RETIREME
V000829 CALIFORNIA PUBLIC EMPLOYEE'S RETIREME
V001593 SO CAL GAS
V000460 JULIE ROBERTS
V000003 ALAN CLEVELAND
V000337 BRIAN MCINERNEY
V000166 HERMAN FLORES
V000156 JACE EVERTSEN
V000510 SERVIN CRISTAL
V000141 EATON ALEX
V000388 OLDHAM BRITTNEY
V000539 TEJEDA SERGIO
V002042 EMERGENCY AMBULANCE SERVICE, INC
V000622 AMAZON CAPITAL SERVICES
V001203 JONES & MAYER
V000064 JOSHUA CONTRERAS
V002181 RUBEN RUBALCAVA LOPEZ
V000629 KRONOS SAASHR, INC
Total
Date Memo
4/2/2026 CALPERS PE02/28/26 PD03106126
4/2/2026 CALPERS PE03/14/26 PD03/20/26
4/2/2026 So Cal Gas Charges - February to March 2026
4/2/2026 Tuition Reimbursement - #24-31 00000100/3
3/31/2026 Reimbursement for meals and mileage for Arrest and C 00000100/1 4/2/2026 Reimbursement for meals and mileage for Arrest and C 00000100/4 4/2/2026 Reimbursement for meals and mileage for Arrest and C 00000100/5 4/2/2026 Reimbursement for meals and mileage for Arrest and C 00000100/6 3/31/2026 Reimbursement for meals and mileage for Arrest and C 00000100/2 4/2/2026 Reimbursement for meals and mileage for Arrest and C 00000100/7 4/2/2026 Reimbursement for meals and mileage for Arrest and C 00000100/8 4/2/2026 Reimbursement for meals and mileage for Arrest and C 00000100/9 4/2/2026 ALS - April 2026 00000100/10
4/2/2026 Office Chair Mats for Investigations 00000100/11 4/2/2026 Professional Legal Services 00000100/12
4/2/2026 Reimbursement - Flat Tire Repairs 00000100/13
4/2/2026 Reimbursement for Meals and Miles for Adult Correctior 00000100/14 4/2/2026 Aug - UKG Subscription 00000100/15
Total ACH-EFT
Payroll PR#2601007
Document Number
Amount
165,320.79
156,150.88
319.70
1,111.50
65.88 79.37
76.61 73.86
76.61 64.00
76.61 75.74
61,666.67
496.48
68,885.04
20.59 815.85
6,836.30
462,212.48
462,212.48
667,267.72
Total 1,129,480.20
EFT Status
ACH - Paid Online
ACH - Paid Online
ACH - Paid Online
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
EFT Payment
32 City of Placentia
Check register 04/09/2026
Name
V001812 TEMPORARY STAFFING PROFESSIONALS INC
V001878 BEST 5TH AVE INC
V001785 MINUTEMAN PRESS COVINA
V001443 PERIMETER PROTECTION AND SURVEILLANCE
V002070 COLE HUBER LLP
V001732 US BANK PARS #6746022400
V001396 ORANGE COUNTY EMPLOYEES ASSN
V001067 FRANCHISE TAX BOARD
V001802 STERICYCLE INC
V001338 MUNICIPAL EMERGENCY SERVICES INC
V001515 RED 88 MEDIA LLC
V001300 MAVERICK DATA SYSTEMS
V001780 YORBA REGIONAL ANIMAL HOSPITAL
V000326 TLC Animal Removal Services
V002180 LINEGEAR FIRE & RESCUE
V001701 TRANSUNION RISK & ALTERNATIVE
V001169 INSIGHT PUBLIC SECTOR INC
V001061 FORENSIC NURSE SPECIALISTS INC
V000873 CITY OF BREA
V001145 HOTSY OF SOUTHERN CALIFORNIA
V002018 BURNETT PRINTING AND GRAPHICS
V001515 RED 88 MEDIA LLC
V001262 LN CURTIS & SONS
V001301 MCFADDEN-DALE HARDWARE CO.
V001793 CJ CONCRETE CONSTRUCTION INC.
V001434 PCEA CIO NORTH ORANGE CO
V001678 THINKSUPPLIES.COM
V000937 CT&T CONCRETE PAVING INC
V000735 ASSOCIATION OF CALIFORNIA CITIES -ORANGE
V000616 AT&T
V001075 GALLS LLC
V001029 FACTORY MOTOR PARTS
V000616 AT&T
V000835 Vulcan Materials Co
V000946 DAY & NITE DOOR SERVICE
V000752 BADGE FRAME INC
V000616 AT&T
V000953 DEPARTMENT OF CONSERVATION
V002053 COUNTY OF ORANGE -CASHIERING
V000872 CITY OF ANAHEIM
V001067 FRANCHISE TAX BOARD
V000766 BEAR ELECTRICAL SOLUTIONS INC
V001757 WEST COAST ARBORISTS INC
V001706 TRILLIUM
V001067 FRANCHISE TAX BOARD
V001862 IOTUM INC.
V000734 ASSI SECURITY INC
V001810 FIRST AMERICAN DATA TREE LLC
Total
PCEA PE03/28/26 PD04/03/26
Paper -Office Supplies
Golden Ave Bridge Replacement Pay App #1
COUNT 2026 Membership Dues -Orange County
Memo
Contract Temp for IT, Desktop Support Analyst
March PD Dry Cleaning Services
PD Business Cards
SYSTEI Cameras Video Monitoring - Monthly
Professional Legal Services - Feb 2026
PARS PE03/28/26 PD04/03/26
OCEA PE03/28/26 PD04/03/26
FTB PE03/28/26 PD04/03/26
Amount Document Numbe
2,079.00 137392 4/9/2026
1,019.98 137391 4/9/2026
103.58 137390 4/9/2026
2,880.00 137389 4/9/2026
1,312.00 137388 4/9/2026
3,327.96 137387 4/9/2026
562.50 137386 4/9/2026
107.73 137385 4/9/2026
Shredding Services: February 2026 2,078.38 137384 4/9/2026 Wildland Fire Gloves 63.67 137383 4/9/2026
City Meeting Broadcasts 2,076.00 137382 4/9/2026
Warant Builder Software 2,000.00 137381 4/9/2026
K9 Medical Services - Enzo 57.83 137380 4/9/2026
Dead Animal Removal Services: March 2026 600.00 137379 4/9/2026 Structure Gloves for Station 1 and 2 2,686.13 137378 4/9/2026 Acct ID# 49451 175.00 137377 4/9/2026
Microsoft Office 365 - Contract 81,959.23 137376 4/9/2026 SART Exam Dr26-01030 1,700.00 137375 4/9/2026
Placentia Fire Business Cards 49.84 137374 4/9/2026
Fleet Repair Equipment 251.12 137373 4/9/2026
Fire promo pencils 230.55 137372 4/9/2026
City Meeting Broadcasts 1,384.00 137371 4/9/2026
PD Uniforms - Romero 1,815.23 137370 4/9/2026
Facilities Supplies 137.06 137369 4/9/2026
Retention Payout 7,008.10 137368 4/9/2026
48.60 137367 4/9/2026
118.32 137366 4/9/2026
451,362.57 137365 4/9/2026
11,180.27 137364 4/9/2026
AT&T Charges February- March 2026 14,270.88 137363 4/9/2026 Fire Uniforms - Lomeli 697.01 137362 4/9/2026
FY 25-26: Vehicle Repair Parts 2,407.19 137361 4/9/2026 AT&T Charges February - March 2026 6,524.17 137360 4/9/2026 Paving Materials 1,562.23 137359 4/9/2026
Fire Station 2 Power Supply - Door Repair 1,480.00 137358 4/9/2026 PD Org Chart Name Tags 94.00 137357 4/9/2026
AT&T Charges Jan. -Feb. 2026 15,041.68 137356 4/9/2026
Strong Motion Fees October through December 2025/5% City Issuance 815.71 137355 4/9/2026 Golden Ave Bridge Permit 674.66 137354 4/9/2026
Traffic Signal Costs - 01/15/26 - 02/13/26 146.46 137353 4/9/2026 FTB PE11/22, PD11/28/25 107.73 137352 4/9/2026
Traffic Signal Maintenance/Repair - Oct 2025 20,845.26 137351 4/9/2026 Tree Planting; Job 91098 24,770.00 137350 4/9/2026
CNG Charges - January 2026 223.08 137349 4/9/2026
FTB PE11/8, PD11/14/25 107.73 137348 4/9/2026
Callbridge Subscription - April 2026 270.88 137347 4/8/2026 Server HVAC Repair and Access 77,980.75 137346 4/7/2026 416.67 137345 4/6/2026
746,810.74
33 City of Placentia
ACH-EFT Register 4/9/2026
Vendor Date Memo Document Number Amount EFT Status
V000831 C 4/9/2026 CHILD SUPP-CA PE03/28/26 PD04/03/26 2,024.28 ACH - Paid Online V001173 IP 4/9/2026 FED TAX PE03/28/26 PD04/03/26 136,339.75 ACH - Paid Online V001325 IV 4/9/2026 401A MGMT PE03/28/26 PD 04/03/26 2,706.96 ACH - Paid Online V001752 VI 4/9/2026 CHILD SUPP-WA PE03/28/26 PD04/03/26 737.07 ACH - Paid Online V001094 G 4/9/2026 Golden State Water Charges February to March 2026 12,852.18 ACH - Paid Online V000636 S 4/9/2026 SoCal Edison Charges - January to February 2026 65,075.41 ACH - Paid Online V001094 G 4/9/2026 Golden State Water Charges Jan - Feb 2026 39,150.12 ACH - Paid Online V001094 G 4/9/2026 Golden State Water Charges January - February 2026 2,301.09 ACH - Paid Online V001007 E 4/9/2026 CA TAX PE03/28/26 PD04/03/26 44,702.52 ACH - Paid Online V001325 Ni 4/9/2026 401A FIRE PE03/28/26 PD04/03/26 51,013.13 ACH - Paid Online V002185 C 4/9/2026 Travel Reimbursement 00000103/2 702.15 EFT Payment V000622 A 4/9/2026 March 2026 Amazon Office Supplies 00000103/3 2,183.34 EFT Payment V000751 B 4/9/2026 Maintenance Equipment/Supplies 00000103/4 1,983.39 EFT Payment V000751 B 4/9/2026 Magnum gatorline .095 5Ib spool 00000103/5 659.82 EFT Payment V001520 R 4/9/2026 February 2026 Service: Residential Solid Waste Collection Services 00000103/6 425,547.73 EFT Payment V000711 A 4/9/2026 Elevator Maintenance Dec 2025 00000103/7 712.00 EFT Payment V000640 U 4/9/2026 Lease Revenue Bonds Series 2020A (Federally Taxable) 00000103/8 3,344,018.12 EFT Payment V000622 A 4/9/2026 Amazon - Risk - Ergonomics 00000103/9 1,306.96 EFT Payment V000794 B 4/9/2026 Monthly Fire Alarm Monitoring: January 2026 00000103/10 441.00 EFT Payment V000823 C 4/9/2026 March PD Blood Draws 00000103/11 1,239.04 EFT Payment V001458 P 4/9/2026 PPOA PE1/17/26 Pay Date 1/23/26 00000103/12 3,119.12 EFT Payment V001559 S 4/9/2026 FY 25-26: Street Sweeping Services: Feb 2026 00000103/13 14,608.00 EFT Payment V001457 P 4/9/2026 PPMA PE03/28/26 PD04/03/26 00000103/14 1,216.74 EFT Payment V001453 P 4/9/2026 PFFA PE03/28/26 PD04/03/26 00000103/15 1,050.00 EFT Payment V001458 P 4/9/2026 PPOA PE03/28/26 PD04/03/26 00000103/16 3,012.15 EFT Payment V001130 H 4/9/2026 Washer trailer mnt 00000103/17 374.24 EFT Payment V000330 IV 4/9/2026 Meal and Mileage reimbursement for UASI Active Shooter Response 00000103/18 191.12 EFT Payment V000233 ik/ 4/9/2026 Meals and Mileage reimbursement for Sherman Block SLI , Session 7 00000103/19 269.02 EFT Payment V000564 F 4/9/2026 Meal reimbursement for UASI Active Shooter Response training 00000103/20 135.00 EFT Payment V001527 R 4/7/2026 City Telephone Contract - Subscription 00000103/1 7,901.65 EFT Payment Total 4,167,573.10
Total ACH 356,902.51
Total EFT 3,810,670.59
4,167, 573.10
34 Agenda Item No: 1.d
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: April 21, 2026
Submitted by: Matthew Di Mario
From: Public Works
Subject:
SECOND READING AND ADOPTION OF ORDINANCE NO. O-2026-03, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, GRANTING TO CRIMSON CALIFORNIA PIPELINE, L.P., A FRANCHISE TO OPERATE AND MAINTAIN
CERTAIN PIPELINES AND APPURTENANCES FOR THE TRANSPORTATION OF
HYDROCARBON SUBSTANCES IN THE CITY OF PLACENTIA
Financial Impact:
Fiscal Impact:
Revenue: $9,063.06 Annually (101-90000-4201)
Summary:
On September 7, 1999, Placentia City Council granted a franchise for the operation and maintenance of 846 linear feet of 6 -inch pipeline in the City under Ordinance No. 99-O-122.
This franchise was initially granted to Tosco Corporation, but due to company purchases and acquisitions, Resolution No. R-2006-07, authorized the transfer of the franchise to ConocoPhillips Company. On July 1, 2008, ConocoPhillips Company sold its pipeline system to Crimson California Pipeline, L.P. (Crimson) and Resolution No. R-2009-13, granted Crimson the franchise.
The current franchise has expired, and Crimson is requesting the City grant another franchise for an additional 25 years. On February 17, 2026, Placentia City Council approved Resolution No. R-2026-09, setting the Public Hearing for the March 17, 2026, City Council Meeting. On March 17, 2026, City Council conducted a Public Hearing for Ordinance No. O-2026-03.
This item recommends that the City Council adopt Ordinance No. O-2026-03, (Attachment 1), which will grant Crimson the right to operate and maintain 25,524 linear feet of pipeline in the City. The Ordinance shall take effect 30 days after its final passage.
Recommendation:
Recommended Action: It is recommended that the City Council:
Adopt Ordinance No. O-2026-03, An Ordinance of the City Council of the City of Placentia, California, granting to Crimson California Pipeline, L.P., a franchise to operate and maintain certain pipelines and appurtenances for the transportation of hydrocarbon substances in the City of Placentia
35 Strategic Plan Statement:
There is no specific strategic planning goal or objective associated with this agenda item.
Discussion:
On September 7, 1999, Placentia City Council granted a franchise for the operation and maintenance of 846 linear feet of 6 -inch pipeline in the City under Ordinance No. 99-O-122.
This franchise was initially granted to Tosco Corporation, but due to company purchases and acquisitions, Resolution No. R-2006-07, authorized the transfer of the franchise to ConocoPhillips Company. On July 1, 2008, ConocoPhillips Company sold its pipeline system to Crimson California Pipeline, L.P. (Crimson) and Resolution No. R-2009-13, granted Crimson the franchise. The current franchise has expired, and Crimson is requesting the City grant a new franchise for an additional 25 years. On February 17, 2026, Placentia City Council approved Resolution No. R-2026-09, setting the Public Hearing for the March 17, 2026, City Council Meeting. A Public Hearing was later held on March 17, 2026, for the first reading of Ordinance No. O-2026-03.
A new franchise would allow Crimson to operate and maintain various sections of pipeline in the City. There are four pipeline locations subject to the proposed franchise agreement. The first pipeline is the Yorba Linda Gathering line. This is a 6 -inch pipeline located south of Bastanchury Road and runs along Berkenstock Lane, Kilmer Drive, Hemingway Avenue, Faulkner Drive, and Bastanchury Road. This Yorba Linda line totals 3,231 linear feet. The second pipeline is the Richfield to Sterns line, a 6 -inch pipeline totaling 13,153 linear feet. This section of pipeline is located along Valencia Avenue, Palm Drive, and Rose Drive. The third pipeline is the REDU Gathering line, totaling 8,941 linear feet. This 6 -inch pipeline includes the streets of Rose Drive, Buena Vista Avenue, Van Buren Street, Cherry Street, Lincoln Street, Orangethorpe Avenue, Richfield Road, and Orchard Drive. The Chapman Line is the last pipeline that is subject to the franchise. This is a 6 -inch pipeline located on Alta Vista Street at the north end of the Alta Vista and Rose Drive intersection, totaling 199 linear feet. The proposed franchise agreement totals 25,524 linear feet of pipeline throughout the City. Exhibit A shows all pipeline locations in detail.
This item recommends that the City Council adopt Ordinance No. O-2026-03, (Attachment 1), which will grant Crimson the right to operate and maintain 25,524 linear feet of pipeline in the City. The Ordinance shall take effect 30 days after its final passage.
Attachments
Attachment 1 - Ordinance No. O-2026-03
Attachment 1 - Exhibit A
36 ORDINANCE NO. O-2026-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, GRANTING TO CRIMSON
CALIFORNIA PIPELINE, L.P., A FRANCHISE TO
OPERATE AND MAINTAIN CERTAIN PIPELINES AND
APPURTENANCES FOR THE TRANSPORTATION OF
HYDROCARBON SUBSTANCES IN THE CITY OF
PLACENTIA
City Attorney's Summary
This ordinance would grant Crimson California Pipeline, L.P. a 25 -year franchise to install, operate, maintain, replace, repair, and remove or abandon -in -place pipelines for the transportation of oil, petroleum, gas, gasoline, or other hydrocarbon substances or water, in, under, along and across certain public streets, highways and alleys within the City.
A. Recitals
WHEREAS, the City of Placentia previously granted a franchise for the subject pipelines by Ordinance No. 99-O-122 to Tosco Corporation, and later transferred this franchise to Crimson California Pipeline, L.P., pursuant to City Council Resolution No. R- 2009-13; and
WHEREAS, Crimson California Pipeline, L.P. ("Crimson California") has been operating a pipeline in certain public streets pursuant to a franchise previously granted by the City, which franchise has now expired; and
WHEREAS, the City Council has received an application from Crimson California for the continued right and privilege to install, operate, maintain, replace, repair, and remove or abandon -in -place pipelines for the transportation of oil, petroleum, gas, gasoline, or other hydrocarbon substances or water, in, under, along, and across certain public streets, highways and alleys within the City; and WHEREAS, the pipelines subject to the franchise include existing six-inch pipelines and appurtenances to transport hydrocarbon substances; and WHEREAS, on September 7, 1999, the Council adopted Ordinance No. 99-O-122 which granted a pipeline franchise to Tosco Corporation, a Nevada Corporation; and WHEREAS, effective January 1, 2003, Tosco Corporation merged with ConocoPhillips Company, a Delaware corporation; and
Ordinance No. O-2026-03
37 WHEREAS, on February 7, 2006, the Council adopted Resolution No. R-2006-07, consenting to the transfer of the franchise granted by Ordinance No. 99-O-122 to ConocoPhillips Company; and
WHEREAS, effective July 1, 2008, ConocoPhillips Company sold and assigned over its common -carrier crude oil pipeline system and idle pipelines located in Southern California, including those pipelines covered by Ordinance No. 99-O-122, to Crimson California; and
WHEREAS, on December 1, 2009, the City Council adopted Resolution R-2009- 13, which authorized the transfer of the pipeline franchise as set forth in Ordinance No. 99-O-122, to Crimson California; and
WHEREAS, the pipeline franchise granted under Ordinance No. 99-O-122 expired on September 7, 2024; and
WHEREAS, pursuant to Resolution No. R-2026-09, adopted on February 17, 2026, the City Council declared its intention to grant a new franchise to Crimson California and set a public hearing on March 17, 2026, to consider objections to said franchise; and WHEREAS, at a regular Council meeting held on, April 21, 2026 following said public hearing on the matter a new franchise was granted to Crimson California.
B. Ordinance
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE, AND ORDAIN AS FOLLOWS:
SECTION 1: TERMS AND CONDITIONS OF FRANCHISE
A. Terms of Franchise
This Franchise is hereby granted to Crimson California Pipeline, L.P., a California Limited Partnership herein after referred to as ("Grantee") for a term of 25 years from the effective date of this franchise; however, said franchise may be sooner terminated by voluntary surrender or abandonment by Grantee, or by forfeiture for noncompliance with the terms and provisions hereof. Grantee shall further have an option to extend this franchise for an additional 25 -year term for a reasonable fee, to be negotiated by the parties hereto prior to the end of the initial 25 -year term of this franchise.
The parties shall commence negotiations on such fee upon notification from Grantee to the City of its election to renew this franchise, which notice shall be given no sooner than eighteen (18) months nor later than twelve (12) months prior to the expiration of the initial term.
Ordinance No. O-2026-03
38 B. Grant of Franchise
This franchise grants to Grantee the right, and privilege to install, operate, maintain, replace, repair, and remove or abandon -in -place pipelines for the transportation of oil, petroleum, gas, gasoline, or other hydrocarbon substances or water, in, under, along and across certain public streets, highways and alleys, hereinafter for convenience collectively referred to as "streets", in the City of Placentia, County of Orange, State of California, hereinafter referred to as "City", as described in Exhibit "A", attached hereto and made a part hereof.
C. Appurtenances
The Grantee shall have the right to operate, maintain, repair, replace, and remove or abandon -in -place such scraper traps, manholes, flanges, conduits, culverts, valves, appliances, cathodic protection systems, attachments and other appurtenances (hereinafter for convenience collectively referred to as "appurtenances") as may be necessary or convenient for the proper maintenance and operation of the pipelines under this franchise.
D. Description and Location of Pipelines
A description of the six (6) inch pipelines and their locations are more fully set forth in Exhibit "A" attached hereto and incorporated herein by reference. Drawings indicating the location of the pipelines are on file in the Department of Public Works.
SECTION 2. STANDARDS FOR WORK AND MATERIALS
A. All work undertaken or performed, and all pipes and appurtenances laid or used pursuant to the provisions of this franchise shall be of the standard required by law, and by any governmental authority having jurisdiction on the premises.
B. Where not in conflict with the State law, or governmental authority having jurisdiction on the premises, all facilities placed, erected, constructed, laid, operated or maintained under the provisions of this franchise shall be placed, erected, constructed, laid, operated or maintained in accordance with and conforming to all of the ordinances, codes, rules and regulations now or hereafter adopted or prescribed by the City Council, and shall be of first class and standard material and subject to the approval of the Director of Public Works.
SECTION 3: PERMISSION FOR STREET EXCAVATIONS
Before making any opening or excavation in any street, or before disturbing the earth beneath the surface of the street, regardless of whether the surface thereof is damaged or removed or not, except in case of emergency, the Grantee shall:
Ordinance No. O-2026-03
39 A. File with the Director of Public Works a drawing, or drawings, showing the proposed location and character of any pipes, appurtenances, facilities or equipment to be constructed, erected, or installed in the street of the City.
B. Make application to the Director of Public Works in accordance with the provisions of the ordinance of the City in force and effect at the time of making such application and secure a permit therefor which shall indicate the approximate time, manner, and place of laying and using said pipes, appurtenances, facilities and/or equipment.
C. If the proposed location of any pipes, appurtenances, facilities, or equipment does not, or will not unreasonably interfere with use of the streets of the City and otherwise complies with this franchise and all City ordinances, the Director of Public Works shall approve the same, and issue a permit or permits therefor.
SECTION 4: COMPENSATION TO THE CITY
During the term of this Franchise, Grantee shall pay to the City an annual fee for this Franchise, said fee to be those fees prescribed by the California Public Utilities Code, Section 6231.5, provided that the rate is subject to increase to the maximum rate established in subsequent amendments of the California Public Utilities Code. Annual payments to be made pursuant to this Franchise shall be due and payable in arrears April 1 of each year of this Franchise. The initial fee under this Franchise shall be calculated using the current fee being paid under Ordinance No. 99-O-122, which is currently $9,063.06 and increased accordingly as provided for herein.
At the time of payment of fees by Grantee, Grantee shall file a verified statement with the City Clerk showing in detail the number of lineal feet and the diameter thereof, expressed in inches of pipelines covered by this Franchise during the previous calendar year, or portion thereof.
The compensation provided for in this Section shall be subject to an increase after the first year of the Franchise and each subsequent year during the term of this Franchise, based on the provisions of California Public Utilities Code Section 6231.5, as amended.
The increase to said compensation as provided for subsequent years shall be based on the Consumer Price Index, All Urban Consumers, for the (Statistical Area) (1982-84 = 100), as published by the United States Bureau of Labor Statistics, Department of Labor, for the month of September immediately preceding the month is which payment is due and payable, divided by the Consumer Price Index, All Urban Consumers, for the Los Angeles area for the month of June, 1989, which equals 4.8%. If the Index is discontinued or revised during the term of the Franchise, such other mutually agreeable governmental index or computation with which it is replaced shall be used in Ordinance No. O-2026-03
40 order to obtain substantially the same result as would be obtained if the Index has not been discontinued or revised.
Notwithstanding the provisions as otherwise stated in this Section and Franchise, the Grantee shall be liable to pay the City the annual fee for the period to and including due date of either actual removal of the facilities or the effective date of the abandonment "in place," and until the Grantee shall have fully complied with all of the provision of law or ordinances relative to such abandonments.
In the event of partial abandonment of facilities as provided in the Ordinance, or in the event of partial removal of such facilities by the Grantee, the payment otherwise due the City for occupancy of the streets by such facilities shall be reduced by the length and diameter of pipeline abandoned or the actual pipeline removed beginning with the first day of the next succeeding franchise year, and for each franchise year thereafter, provided, however, that the base rate shall be modified to reflect the adjustment (pursuant to this Section) applicable to such abandoned or removed pipeline at the beginning of the next succeeding franchise year following abandonment or removal.
Grantee shall pay to the City, upon demand, the cost of all repairs made by the City to public property arising out of the operations of the Grantee under this Franchise.
Any fees charged or expenses charged to Grantee by City pursuant to this Section, or any other provisions of this Ordinance, unless disputed in good faith, shall be paid when due or shall be deemed delinquent. Any undisputed delinquent amounts shall accrue interest commencing thirty (30) days after the due date, at the rate of one and one-half percent (1.5%) per month (based upon a 30 -day calendar month) or any lesser amount if required by law. Any neglect, omission or refusal by said Grantee to pay any undisputed delinquent franchise fee with any late charges, within thirty (30) days of delinquency, at the times or in the manner herein provided, shall be grounds for a declaration of a forfeiture of this Franchise and of all rights hereunder.
Payments shall be made to the City of Placentia, Finance Department, 401 E.
Chapman Avenue, Placentia, Ca. 92870, or at such place as the City may designate in writing.
SECTION 5: ABANDONMENT
Should Grantee elect to abandon all or any part of the pipelines, Grantee shall purge the line of hydrocarbons and isolate the line from active service by cut and cap, air gap, or blind flange as required by the federal Department of Transportation and the State of California Department of Forestry and Fire Protection, Office of the State Fire Marshall.
Grantee shall not owe the City any compensation for the privilege of said abandonment.
Ordinance No. O-2026-03
41 SECTION 6: REARRANGEMENT OF FACILITIES
A. Expense to Grantee
Whenever, during the existence of this franchise, the City shall change the grade, width or location of any street or improve any street in any manner, including the laying of any sewer, storm drain, conduits, gas, water or other pipes owned or operated by the City or any other public agency, or construct any pedestrian tunnels, or other work in the City (the right to do all of which is specifically reserved to the City without any admission on its part that it would not otherwise have such rights) and such work shall, in the opinion of the City Engineer, render necessary any change in the position or location of any facilities of the Grantee in the street, the Grantee shall, at its own cost and expense, do any and all things to effect such change in position or location in conformity with the written notice of the City Engineer as provided in Paragraph D below; provided however, that the City shall not require the Grantee to remove its conduits or lines entirely from the street.
B. Expense of Others
Except as provided in Paragraph A of this Section 6, when such rearrangement is done for the accommodation of any person, firm or corporation, the cost of such rearrangement shall be borne by the accommodated party. Such accommodated party, in advance of such arrangement, shall (a) deposit with the Grantee either cash or a corporate surety bond in an amount, as in the reasonable discretion of the Grantee shall be required to pay the costs of such rearrangement; and (b) shall execute an instrument agreeing to indemnify and hold harmless the Grantee from any and all damages or claims caused by such rearrangement. This provision shall not be construed to require Grantee to rearrange facilities. Any accommodation for rearrangement of Grantee's facilities shall be made at the discretion of Grantee.
C. Rearrangement of the Facilities of Others
Nothing in this franchise shall be construed to require the City to move, alter or relocate any of the facilities upon said streets, at its own expense, for the convenience, accommodation or necessity of any other public utility, person, firm or corporation; or to require the City or any person, firm or corporation now or hereafter owning a public utility system of any type or nature, to move, alter or relocate any part of its system upon said streets for the convenience, accommodation or necessity of the Grantee.
D. Notice
The Grantee shall be given not less than ninety (90) days' written notice of any rearrangement of facilities which the Grantee is required to make hereunder. Such notice shall specify the time that such work is to be accomplished. In the event that the Ordinance No. O-2026-03
42 City shall change the provision of any such notice given to the Grantee, the Grantee shall be given an additional period not less than sixty (60) days to accomplish such work.
SECTION 7: INDEMNIFICATION BY GRANTEE
A. Grantee shall indemnify and hold City, its City council, boards and commissions, officers, agents, servants and employees harmless from and against any and all loss, damages, liability, claims, suits, costs, and expenses, whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to the activities or work of Grantee or its agents conducted pursuant to the franchise.
B. Grantee shall indemnify, defend and save harmless the City, its City Council, boards and commissions, officers, agents, servants and employees, from and against any and all claims and losses whatsoever, including reasonable attorney's fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies to Grantee or its contractors in connection with activities or work conducted or performed by Grantee, or its agents pursuant to this franchise and arising out of such activities or work, and from any and all claims or losses whatsoever, including reasonable attorney's fees, accruing or resulting to any person, firm or corporation for damage, injury or death arising out of Grantee's operations, except to the extent of City's sole negligence or willful misconduct.
SECTION 8: INSURANCE REQUIREMENTS
A. Within ten (10) days after the effective date of this franchise, the Grantee shall furnish to the City Clerk of the City evidence of insurance or self-insurance applicable to all operations conducted under this franchise and including the liability arising out of the existence of real property, in the forms and amounts:
1. Comprehensive Public Liability Insurance
Grantee at all times during the term of this franchise shall maintain liability insurance in an amount of not less than Five Million ($5,000,000.00) Dollars to cover any claim, expense, or loss arising out of the operation, use, maintenance or other privilege exercised under this franchise, including Grantee's contractual liability to indemnify City.
The City, its city council, boards and commissions, officers, agents, servants, and employees shall be named as additional insureds in said policy of insurance for all operations of Grantee relating to the operation of the pipelines within the City. Said policy of insurance shall contain the following provisions or endorsements:
a. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured.
Ordinance No. O-2026-03
43 b. An additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extension thereof. c. The provision of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of an additional insured named herein without first delivering to City twenty (20) days' notice of such intention, except as provided in paragraph d, of Section 8, Paragraph A 1 below.
d. In the event Grantee, as a result of cost savings procedures, determines to change insurance carriers too late to provide twenty (20) days' notice, Grantee warrants that it will maintain the City, its city council, boards and commissions, officers, agents, servants and employees as additional insureds on equivalent insurance with another insurance company which is qualified to business in California, or which is internationally recognized as responsible and is acceptable to the City of Placentia.
2. Letter of Self -Insurance
Grantee may, at their option, obtain or provide proof of self-insurance status in a form acceptable to the City.
SECTION 9: DEFAULT
A. Effect of Default
In the event that the Grantee shall default in the performance of any of the terms, covenants and conditions herein and such default is curable, the City may give written notice to the Grantee of such default. In the event that the Grantee does not commence the work necessary to cure such default within sixty (60) days after such notice is sent or prosecute such work diligently to completion, the City may declare this franchise forfeited. Upon giving written notice thereof to the Grantee, this franchise shall be void and the rights of the Grantee hereunder shall terminate, and the Grantee shall execute an instrument of surrender and deliver the same to the City.
B. Force Majeure
In the event Grantee is unable to perform any of the terms of this franchise by reason of strikes, riots, acts of God, acts of public enemies or other such causes beyond its control, it shall not be deemed to be in default or have forfeited its rights hereunder if it shall commence and prosecute such performance with reasonable promptness as soon as possible to do so.
Ordinance No. O-2026-03
44 C. Cumulative Remedies
No provision herein made for the purpose of securing the enforcement of the terms and conditions of this franchise shall be deemed an exclusive remedy, or to afford the exclusive procedure, for the enforcement of said terms and conditions, but the remedies and procedures herein provided, in addition to those provided by law, shall be deemed to be cumulative.
SECTION 10: SCOPE OF RESERVATION
The enumeration herein of specific rights reserved shall not be construed as exclusive or as limiting any general reservation herein made or as limiting such rights as the City may now or hereafter have in law.
SECTION 11: NOTICE
Any notice required to be given under the terms of this franchise, the manner of services of which is not specifically provided for, may be served as follows:
A. Upon the City, by serving the City Manager or the City Clerk personally, or by addressing a written notice to the City Clerk of the City of Placentia, City Hall, 401 East Chapman Avenue, Placentia, CA 92870, and depositing such notice in the United States mail, postage paid or:
B. Upon the Grantee, by personal delivery or addressing a written notice to Crimson California Pipeline, L.P., 1900 Main Street, Suite 600, Irvine, California 92614, and depositing such notice in the United States mail, postage prepaid; or such other address as may from time to time be furnished in writing by one party to the other and depositing said notice in the United States mail, postage prepaid. When the service of any such notice is made by mail the time such notice shall begin with and run from the date of deposit of the same in the United States mail.
SECTION 12: CONSENT FOR TRANSFER
Grantee shall not sell, transfer or assign this franchise or any of the rights or privileges hereby granted without the prior written consent of the City Council. Upon compliance with the foregoing, this franchise shall be binding on the successors and assigns of the parties hereto and shall ensure to the benefit of the successors and assigns of the parties hereto.
Ordinance No. O-2026-03
45 SECTION 13: ACCEPTANCE OF FRANCHISE
This franchise is granted and shall be held and enjoyed only upon the terms and conditions herein contained, and the Grantee must, within ten (10) days after the adoption of the ordinance granting said franchise, file with the City Clerk a written acceptance of such terms and conditions.
SECTION 14: COSTS OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this franchise, the prevailing party shall be entitled to receive from the losing party reasonable costs and expenses and such amount as the court may adjudge to be reasonable attorneys' fees for the costs incurred by the prevailing party in such action or proceeding.
SECTION 15: COUNTERPARTS
This franchise may be executed in several counterparts, each of which is an original, and all other which is an original, and all of which together constitute but one and the same document.
SECTION 16: CAPTIONS FOR CONVENIENCE
The captions herein are for convenience and reference only and are not a part of this franchise and do not in any way limit, define or amplify the terms and provisions hereof.
SECTION 17: GOVERNING LAW
This franchise has been made and shall be constructed and interpreted in accordance with the laws of the State of California.
The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance. The City Clerk shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage.
Ordinance No. O-2026-03
46 PASSED, 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 Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 17th day of March 2026, and was finally adopted at a regular meeting held on the 21st day of April 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Exhibit A: Map of Pipeline Locations Subject to the Franchise Ordinance No. O-2026-03
47 Exhibit A
Map of Pipeline Locations Subject to the Franchise
Ordinance No. O-2026-03
48 THIS DOCUMENT IS CONFIDENTIAL AND IT SHALL NOT BE
REPRODUCED OR REDISTRIBUTED WTHOUT PRIOR PERMISSION.
NEITHER THE OPERATOR NCR THE OWNER MAKE ANY
WARRANTY AS TO THE CORRECTNESS OR COMPLETENESS OF
THE INFOtMAT0N CONTAINED ON THIS DRAWING, AND THE
USER ASSUMES ALL RISK OF LOSS TO PERSONS AND
PROPERTY AS A RESULT OF RELIANCE THEREON.
A
REV.
10/00/25
ISSUED FOR ORDINANCE 9R-0-101
PmP
BY
DATE
DESCRIPTON OF RENSIOH
CHK
APP
CRIMSON PIPELINE LP
LEGEND:
6°, YORBA LINDA LATH. LINE 1069
3,231 TOTAL FEET
CITY BOUNDARY
ORDINANCE NO. 96-0-101
YORBA LINDA GATHERING LINE 1069 EXHIBIT
PLACENTIA, CA
SCALE: NTS
DRAWN: PmP
DATE:10/0]/25
SHEET 4 OF 4
SK -25-012D
REV.
A
LEGEND:
6", RICHFIELD TO STERNS LINE 752
13,153 TOTAL FEET
CITY BOUNDARY
THIS DOCUMENT IS CONFIDENTAL AND IT SMALL NOT BE
REPRODUCED OR REDISTRIBUTED WTHOUT PRIOR PERMISSION.
NEITHER THE OPERATOR NIA THE OWNER MAKE ANY
WARRANTY AS TO THE CORRECTNESS OR COMPLETENESS OF
THE INFOtMAT0N CONTAINED ON THIS DRAWING, AND THE
USER ASSUMES ALL RISK OF LOSS TO PERSONS AND
PROPERTY AS A RESULT OF RELIANCE THEREON.
CRIMSON PIPELINE LP
ORDINANCE NO. 96-0-101
RICHFIELD TO STERNS LINE 752 EXHIBIT
PLACENTIA, CA
VI
0 N
THIS DOCUMENT IS CONFIDENTIAL AND IT SHALL NOT BE
REPRODUCED OR REDISTRIBUTED WITHOUT PRIOR PERMISSION.
NEITHER THE OPERATOR NOR THE OWNER MAKE ANY
WARRANTY AS TO THE CORRECTNESS OR COMPLETENESS OF
THE INFORMATION CONTAINED ON THIS DRAWING, AND THE
USER ASSUMES ALL RISK OF LOSS TO PERSONS AND
PROPERTY AS A RESULT OF RELIANCE THEREON.
BUENA VISTA AVE
OR ORDINANCE 9B-0-101
DESCRIPTON OF REVISION
---
---
---
---
MUM
CM=
CRIMSON PIPELINE LP
LEGEND:
6", REDU GATHERING UNE 751
8,941 TOTAL FEET
CITY BOUNDARY
ORDINANCE NO. 96-0-101
REDU GATHERING LINE 751 EXHIBIT
PLACENTIA, CA
DA 10/07/25
SK -25-012B
1 • y
1 , c � ,� I r y
_ ..]
v`Y_\ Z ■ t
I
i _
THIS DOCUMENT IS CONFIDENTIAL AND IT SHALL NOT BE
REPRODUCED OR REDISTRIBUTED WTEOUT PRIOR PERMISSION.
NEITHER 1HE OPERATOR NCR THE OWNER MAKE ANT
WARRANTY AS TO THE CORRECTNESS OR COMPLETENESS OF
THE INFORMATION CONTAINED ON THIS DRAWING, AND THE
USER ASSUMES ALL RISK OF LOSS TO PERSONS AND
PROPERTY AS A RESULT OF RELIANCE THEREON.
A
REV.
10/00/25
ISSUED FOR ORDINANCE 9R-0-101
PmP
BY
DATE
DESCRIPTION OF REVISION
CHK
APP
CRIMSON PIPELINE LP
LEGEND:
6", CHAPMAN LINE 1078
199 TOTAL FEET
- CITY BOUNDARY
ORDINANCE NO. 96-0-101
CHAPMAN LINE 1078 EXHIBIT
PLACENTIA, CA
SCALE: NTS
DRAWN: PmP
DATE:10/07/25
SHEET 3 OF 4
SK -25-012C
REV.
A
Agenda Item No: 1.e
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: April 21, 2026
Submitted by: Chris Tanio
From: Public Works
Subject:
AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS, INC. FOR TRAFFIC SIGNAL MAINTENANCE SERVICES Financial Impact:
Fiscal Im pact:
Expense: $420,000 Amendment No. 1 Additional Contract Amount over 2 -Years Summary:
In July 2018, the City Council awarded a Maintenance Services Agreement to Bear Electrical Solutions, Inc. ("Bear") for traffic signal maintenance and repair services. The agreement was for a three-year term with the option to extend the term for one (1) additional two-year term. In April 2021, the City approved the extension of an additional two-year contract term with Bear, while also increasing the contract capacity. With the contract set to expire in June 2023, City Council approved a new three-year contract with Bear on June 20, 2023, in an amount not -to - exceed $510,000 ($170,000 per year) and approved contract change order authority for the City Administrator up to $51,000. The June 20, 2023 contract award utilized Bear's unit pricing in their submitted proposal to the City of Tustin. Under the City's Municipal Code, it allows the City to purchase from a supplier who has been awarded a contract resulting from a formal competitive bid process by another governmental agency within the state or by the federal government.
Since 2018, Bear has demonstrated its qualifications, capabilities, and responsiveness through the services provided to the City of Placentia for citywide traffic signal maintenance services. The current maintenance service contract with Bear is set to expire on June 30, 2026, and Staff is proposing to amend the existing agreement by extending the contract term for one (1) two-year term while also increasing the contract capacity by $420,000 for a total not -to -exceed contract amount of $930,000. The contract increase includes routine traffic signal maintenance, extraordinary repairs to replace outdated vehicle detection equipment, repairing damaged traffic cabling, undergrounding temporary signal cables, and any additional extraordinary repairs that may occur over the next two years.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve Amendment No. 1 to the Maintenance Services Agreement with Bear Electrical 53 Solutions, Inc. for Traffic Signal Maintenance Services, increasing the contract capacity by $420,000, resulting in a new not -to -exceed amount of $930,000; and
2. Authorize the City Administrator to approve contract change orders up to 10% of the initial three-year contract amount; and
3. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.
Strategic Plan Statement:
This item conforms to Strategic Goal No. 3: Infrastructure, Facilities, and Public Spaces by maintaining and enhancing streets, parks, and public facilities to ensure they are well- appointed, clean, attractive, and reflective of the City's commitment to quality Discussion:
In July 2018, the City Council awarded a Maintenance Services Agreement to Bear Electrical Solutions, Inc. ("Bear") for traffic signal maintenance and repair services. The agreement was for a three-year term with the option to extend the term for one (1) additional two-year term. In April 2021, the City approved the extension of an additional two-year contract term with Bear, while also increasing the contract capacity. With the contract set to expire in June 2023, City Council approved a new three-year contract with Bear on June 20, 2023 in an amount not -to - exceed $510,000 ($170,000 per year) and approved contract change order authority for the City Administrator up to $51,000. The June 20, 2023 contract award utilized Bear's unit pricing in their submitted proposal to the City of Tustin. Under the City's Municipal Code, Section
3.08.070, it allows the City to purchase from a supplier who has been awarded a contract resulting from a formal competitive bid process by another governmental agency within the state or by the federal government.
Since 2018, Bear has been responsive to maintenance and repair requests in a timely manner and made proper and efficient repairs during the current traffic signal maintenance services contract. Furthermore, Bear's technicians have extensive knowledge about the traffic signal system in Placentia, and the company is equipped with the resources to maintain and provide an extensive inventory of parts and equipment, ensuring the ability to complete timely repairs to the City's infrastructure in the event of signal failure.
The current maintenance service contract with Bear is set to expire on June 30, 2026, and Staff is proposing to amend the existing agreement by extending the contract term for one (1) two-year term while also increasing the contract capacity by $420,000 for a total not -to -exceed contract amount of $930,000. The contract increase includes routine traffic signal maintenance, extraordinary repairs to replace outdated vehicle detection equipment along the Orangethorpe corridor, repairing damaged traffic cabling at Melrose/Crowther intersection, undergrounding temporary signal cables at Richfield/Miraloma intersection, and any additional extraordinary repairs that may occur over the next two years.
Attachments
Placentia TS Maint. - Amendment 1 - BES Signed.pdf
(Fully Executed) Bear Electrical Solutions, Inc. - Traffic System Maintenance.pdf 54 AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF TRAFFIC SIGNAL SYSTEM MAINTENANCE SERVICES WITH BEAR ELECTRICAL SOLUTIONS, INC.
This Amendment No. 1 ("Amendment") to Professional Services 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 Bear Electrical Solutions, INC., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i) CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective June 20th, 2023 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A".
(ii) The Parties now seek to amend the Agreement to extend the contract termination date by an additional two -years and an increase to the total compensation by an additional Four Hundred Twenty Thousand dollars ($420,000).
(iii) All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2, Paragraph 1 of the Agreement is hereby amended to read as follows:
2.1 Compensation. Contractor shall be paid in accordance with the fee schedule set forth in "Exhibit A". Contractor's total compensation shall not exceed Nine Hundred Thirty Thousand Dollars ($930,000).
2. Section 4, Paragraph 1 of the Agreement is hereby amended to read as follows:
4.1. Term. This agreement shall commence on the Effective Date and continue for a period of 60 months, ending on June 30, 2028, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
4. 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.
55 5. 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.
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:
ndrew Bader
President
_4
By:
Jennifer Lampman
City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM
By.
Christian L. Bettenhausen, City Attorney
56 CITY OF PLACENTIA
MAINTENANCE SERVICES AGREEMENT
WITH
BEAR ELETRICAL SOLUTIONS, INC.
THIS AGREEMENT is made and entered into this 20th day of June, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and BEAR ELECTRICAL SOLUTIONS, INC. a California corporation ("Contractor").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Contractor as an independent contractor to provide consulting services related to Traffic Signal System Maintenance, as more fully described herein; and
B. WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Contractor desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described in Contractor's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.
Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Contractor shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Acreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delecation and Assicnment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Contractor may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Contractor in the course of their duties may have 2 Bear Electrical Solutions. Inc
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access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit "A." Contractor's total compensation shall not exceed Five Hundred Ten Thousands Dollars ($510,000.00).
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Contractor's standard hourly rates shall be paid to the Contractor for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A." The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts 3 Bear Electrical Solutions. Inc
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shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and the Contractor. The Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on June 30, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Contractor, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including 4 Bear Electrical Solutions, Inc
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cD
the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City's sole risk and without liability or legal expense to Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Contractor maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Contractor.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c)
Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Contractor. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
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Before execution of this Agreement by the City, the Contractor shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Contractor under this Agreement are adequate to protect Contractor. If Contractor believes that any such insurance coverage is insufficient, Contractor shall provide, at its own expense, such additional insurance as Contractor deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor."
(b) Notice: "Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor's sole cost and expense." (c) Other insurance: "The Contractor's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
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(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who 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.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. It shall be the Contractor's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Contractor shall designate a Project Manager who shall represent it and be its 7 Bear Electrical Solutions. Inc
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agent in all consultations with City during the term of this Agreement and who shall not be changed by Contractor without the express written approval by the City. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR:
Bear Electrical Solutions, Inc.
1252 State Street
Alviso, CA 95002-0924
Tel: (408) 449-5178
Attn: Robert Asuncion, Vice
President
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: (714) 993-8120
Attn: Luis Estevez
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Contractor agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The 8 Bear Electrical Solutions, Inc
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defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the 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. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractor's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. 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. 9 Bear Electrical Solutions, Inc
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6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor.
Contractor shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. 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 subcontractors 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.
6.15. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Contractor will not employ any regular employee of City 10 Bear Electrical Solutions, Inc
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while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:
This Agreement, the City's Request for Proposals, the Contractor's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and 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.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. AU counterparts shall be construed together and shall 11 Bear Electrical Solutions, Inc
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constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Date: O[l Z1 —Z-e)Z3
Damien R. Arrula, City A inistrator
ATTEST:
atio?4.4#1
Robert S. McKinnell, City Clerk and ex -officio Clerk
of the City of Placentia
CONTRACTOR
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Signature
Robert Asuncion vice President
Name and Title
46-1898744
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
12 Date: 6/28/2023
Date:
16-3
Bear Electrical Solutions, Inc
Rev. 06/2018
Rosanna Ramirez, Deputy pity Administrator
APPROVED AS TO CONTENT:
Kyra Tao, Transportation Manager
DEPARTMENTAL APPROVAL:
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Luis Estevez, Deputy City Administrator
13 Date:
6 —Z9 —Z-,5
Date: 6/28/2023
Date: 6/28/2023
Bear Electrical Solutions. Inc
Rev. 06/2018
EXHIBIT A
CONTRACTOR'S PROPOSAL AND SCOPE OF WORK
14 Bear Electrical Solutions, Inc
Rev. 06/2018
ti
EXHIBIT 'A'
SCOPE OF WORK FOR
TRAFFIC SIGNAL MAINTENANCE SERVICES
1. GENERAL
Contractor shall provide monthly preventive maintenance, approved response maintenance and emergency response maintenance to traffic signal equipment, safety lights, flashing beacons, speed feedback signs, and other existing/future related equipment by duly trained and qualified personnel approved by the City.
Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services and material and perform all work necessary to maintain in a good and workmanlike manner all traffic signal facilities at the locations listed herein.
All work performed or equipment or parts supplied by Contractor shall be subject to the inspection and approval of City. The "City" shall mean Director of Public Works or their authorized representative. "Director of Public Works" shall mean the Director of Public Works or authorized representative.
All Preventive Maintenance will be billed at an established unit bid price, with extraordinary maintenance and repairs along with emergency response maintenance paid on a time and material basis based on the established hourly labor rates in the bid schedule. Materials may only be marked up a maximum of 15% and back up materials indicating the cost for the materials paid by the contractor shall be submitted with all extraordinary maintenance and repair invoices. All vehicle and equipment rates shall be included in the hourly rate paid for extraordinary or emergency work. No additional compensation will be allowed.
Any inability to provide Preventive Maintenance, as scheduled, to each traffic signal, safety light, flashing beacon, and speed feedback sign will result in Contractor being subjected to liquidated damages of $400 per day, per traffic signal location.
Contractor shall provide Emergency Response for City's traffic signals, safety lights, flashing beacons and speed feedback signs on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays.
Contractor shall cooperate with City in recalibrating traffic signal coordination timing and progression. Contractor shall change the timing of traffic signals only upon the direction or advance written approval of City. During emergency conditions, Contractor shall assure full cooperation with the City and employees of the City and other agencies, as indicated.
Contractor shall not represent City in matters of policy or procedures under this contract, shall not make any reference to City policy or procedures to other than the City, and shall refer all questions or inquiries from the public regarding policy, procedures, or terms and conditions of the contract, to City. 1 2. QUALIFICATIONS
Contractor shall have available and readily accessible all required tools, equipment, apparatus, facilities, skilled labor services and materials to perform all work necessary to maintain the traffic signal facilities in good workmanlike manner.
All signal work shall be performed in accordance with the latest Standard Plans and Section 86 of the Standard Specifications for the State of California, Department of Transportation, and shall be in compliance with the latest version of the California Manual on Uniform Traffic Control Devices (CA MUTCD).
Contractor shall assign at least one full-time signal maintenance technician to maintain City's signals, flashers, and appurtenant equipment. At a minimum, one of these technicians shall have certifications of Level II Traffic Signal Technician from the International Municipal Signal Association (IMSA, for at least two years.
City requires a list of the signal maintenance technicians anticipated to work regularly in City. City reserves the right to determine the Contractor's assignment of personnel to City. If appropriate, Contractor shall replace any personnel assigned to City whose performance is considered unacceptable by City. City shall be consulted on any planned change in personnel prior to implementation.
Contractor shall have on hand at all times at least two (2) spare systems compatible controllers for City use in the event of emergency.
Contractor shall maintain a single local telephone number where a live person can be reached twenty-four (24) hours per day. This telephone number shall be made available to all persons designated by City.
Contractor shall have skilled personnel and proper lab -testing facilities to perform inspection of new controller mechanisms including controller units, auxiliary equipment and traffic control appurtenances. All testing and test facilities shall conform to current NEMA Specifications.
Contractor shall keep itself informed of all State and Federal laws and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this RFP or its proposal. Contractor shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of Contractor to comply with this paragraph.
3. EQUIPMENT REQUIRED
Contractor shall provide vehicle(s) to be used by the technicians serving the City, which shall be equipped with a permanently mounted arrow board; warning beacon/strobe lights; traffic cones; construction warning signs; a hydraulic bucket capable of reaching a height of at least twenty-eight (28) feet above the roadway surface; necessary computer laptop for programming, maintenance and testing of traffic signal controllers and various equipment; portable CCTV monitor; and communications equipment for dispatch. All of Contractor's employees working within the boundaries of City shall be equipped with a communications device 2 capable of instant 2 -way communications for extended periods of time with Contractor's shop or with City staff.
Contractor must possess and have readily available, in functioning order, all required tools, equipment, apparatus, facilities and materials needed to perform all work necessary to maintain and repair the traffic signals, safety lights, flashing beacons and speed feedback signs in the City, in compliance with current Caltrans and County of Orange standards and specifications. All excess materials and equipment in Contractor's inventory shall be the property and responsibility of Contractor until such materials or equipment is used or installed in City.
Contractor shall be equipped with spare parts sufficient to return a defective signal to operation following ordinary trouble calls. In those cases where a complex controller or component has to be repaired, Contractor shall install a substitute controller or component of his own while he is repairing the defective controller or component. Such substitute equipment shall be compatible with City's system.
4. PREVENTIVE MAINTENANCE
The agreement price for Preventive Maintenance shall include the following services and any other service not specified under Approved Response Maintenance or Emergency Response Maintenance, including service of the signalized intersections within the BNSF Railroad Corridor Quiet Zone. a. Quite Zone Intersections
Quiet Zone intersections include railroad pre-emption, additional signal heads and additional equipment in the controller cabinets to monitor and operate the loop detectors associated with the railroad quad gate system. The current Quiet Zone locations are listed below:
Orangethorpe Avenue and Richfield Road
Orangethorpe Avenue and Van Buren Street
Orangethorpe Avenue and Jefferson Street
b. Monthly Inspections
Contractor shall make a routine inspection of all traffic signal equipment, including the interconnect conduit/cables, video detection cameras, flashing beacons, RRFB's and permanent speed feedback signs, once per month. Contractor shall maintain a written record in each controller cabinet showing the date and time checked. Controller assemblies shall not be replaced, except for repair, without prior approval of City.
The monthly inspection of each signalized intersection shall include, at a minimum, the following:
1. Walk the intersection and visually inspect all signal heads and video detectors (where applicable) for proper operation, alignment, broken lenses, and missing parts. Depress all pedestrian push buttons and 3 observe the proper timing and display. Report any observed problems to City. Correct any minor observed problems as soon as possible thereafter and make arrangements for any other needed repairs/replacements.
2. Contractor shall furnish and replace all standard LED signal modules at all traffic signals as they become non-functional or inoperative.
Material and/or labor and equipment for all LED outages still covered under manufacture warranty is included, when applicable.
3. Examine the functioning of the controller in relation to the traffic.
Report functional and timing problems to City as soon as possible.
Correct functional problems as soon as approved by City.
4. Inspect, clean, and adjust each controller and cabinet assembly, each video detection camera, and each battery backup system.
5. Observe and check for proper operation of the detector loops and amplifiers. Adjust or re -tune the detector amplifiers and correct substandard splices, as necessary. Report improper detection operation and causes to City.
6. Inspect all relays, switches, and terminals, etc. and replace or make adjustments, as necessary. Make arrangements to promptly fix those deficiencies which cannot be corrected immediately.
7. Check and adjust fan operation. Check the filter for tight fit, and tape, if required. Clean and vacuum the cabinet, as necessary. Examine cabinet exterior for water, excessive dampness, and plant or animal intrusion. Determine cause and correct the condition.
8. Inspect battery backup system (if the signal is equipped with such unit) to ensure unit is fully charged. Report improper operation to City.
9. Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with
recommendations to the City.
The monthly inspection of City's signal system shall also include the tasks listed below.
Report all malfunctions to City and make arrangements to promptly fix deficiencies.
1. Make nighttime drive through to visually inspect for malfunctions of traffic signals, illuminated street name signs (ISNS) and highway safety lights. Contractor shall submit a monthly night survey to City indicating outages of traffic signals, safety lights, and illuminated street name signs, and the date and time of the survey for each.
2. Observe and check the flashing beacons and RRFB's for proper operation and for missing or damaged equipment.
4 3. Observe and check the permanent speed feedback signs for proper operation and for missing or damaged equipment.
The 3 -month inspection of each signalized intersection (in addition to monthly) shall include, at a minimum:
1. Check the signal timing settings and match with the timing sheet found in the controller cabinet provided by City. Immediately report and discrepancies to City.
2. Visually inspect roadway along loop detectors for possible exposed wires, cracks and potholes. Contractor shall clean and fill deteriorated loop detector saw cuts with epoxy as necessary. Once it is determined by City that the saw cut has deteriorated to a point that applying more epoxy is insufficient, the detector shall be replaced. Contractor shall replace deteriorated loop detectors as part of approved response maintenance (Section 5) at the contract unit price. This price shall include the saw cut lead-ins as required.
Contractor shall also inspect loop stub out and home run locations for deterioration and depressions, and fill, as necessary. All loop detector problems and repairs shall be reported to City in writing.
3. Make any minor repairs to controller, monitor and other equipment, as needed. Otherwise, report other needed repairs to City and arrange for the repairs.
4. Check operation of City -owned battery backup systems and batteries and make recommendation to the City.
5. Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with
recommendations to the City.
The 6 -month inspection of each signalized intersection (in addition to monthly and 3 -month) shall include, at a minimum:
1. Replace the air filter elements, in all cabinets so equipped.
Replacement shall be a vinyl -poly air filter. No paper or metal filters are to be used.
2. Check ground rod clamps and wire.
3. Check for all cabinet documentation to make sure it is in cabinet.
4. Check operation of fan and thermostat.
5. Check operation of ground fault receptacle.
6. Visually check integrity of splices.
7. Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with
recommendations to the City.
5 Annual Preventive Maintenance of each signalized intersection (In addition to monthly, 3 -month and 6 -month) shall include, at a minimum:
1. Clean and polish all traffic signal and video camera lenses.
2. Check weatherproof gaskets on controller cabinet.
3. Check duct sealant.
4. Lubricate hinges and locks on controller cabinet.
5. Check all indicator lamps. Replace all incandescent lamps.
6. Test and record illuminence of all LED lamps. Replace all lamps that fail minimum required levels (See monthly note).
7. Open and inspect all pull boxes.
8. Check all connectors.
9. Check all detector extensions.
10. Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with
recommendations to the City.
c. Compensation for Preventive Maintenance
City will compensate Contractor based on the unit bid pricing included in the base bid schedule for Preventive Maintenance in Exhibit B for the monthly, quarterly, bi- annually, and annual preventive maintenance services previously described in this section.
d. Compensation for Preventive Maintenance
City will compensate Contractor based on a time and materials basis utilizing the hourly rates included in the Contrator's bid schedule. Time shall be calculated in 1/4 hour increments. A maximum 15% markup on all materials purchased and utilized for repairs will be allowed. Backup materials outlining the costs paid by the Contractor for materials utilized for Extraordinary Repairs must be attached to the invoice. All vehicle and equipment costs shall be included in the hourly rates provided in the bid schedule. Responding drive time to the affected intersection shall NOT be included in the total number of hours to be compensated for Extraordinary or Emergency response work.
5. APPROVED RESPONSE MAINTENANCE
Contractor shall investigate and determine the corrective requirements for each reported malfunction, failure or outage of the traffic signal system. The malfunctions, failures or outages that do not require an emergency response (see Section 6), shall be considered "Approved Response Maintenance" that shall only 6 be performed upon approval by City (see "Notification"). City will provide a simple approval form that can be faxed or emailed to the City for a quick response.
Contractor shall replace or repair any and all defective parts of the signal system caused by signal failure or malfunction, as the occasion arises, including, but not limited to the signal controller, master controllers, modems, conflict monitors, relays, interconnect, flashers, lamps, LED modules, detector loops, video detection cameras, home run locations, push buttons, sensing units, safety lights, illuminated street name sign lights (ISNS), safety lights, load switches, flasher switches, breaker switches, ballasts, starters, sockets, fuses, fuse holders, photoelectric cells, battery back-up units, and wiring systems. ISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements of ANSI STD.
C78. At the time of "re -tamping", Contractor shall clean and polish all lenses and reflectors, align signal heads and adjust all mast arm mounted street name signs, including illuminated street name signs, and safety lights.
No permanent change shall be made without prior approval of City. Whenever equipment is removed, Contractor shall notify City by phone and email within twenty-four (24) hours.
a. Approved Response Maintenance shall consist of but not be limited to the following:
1. Loop detector replacement.
2. LED module replacement.
3. LED module replacement.
4. ISNS lamp replacement.
5. Safety light replacement.
6. Replacement of internally illuminated street name signs.
Replacements shall meet the latest CA MUTCD standards,
particularly regarding letter size.
7. Replacement of Walk/Don't Walk pedestrian signal lamps, as they become non-functional or inoperative, or as directed by City, with solid-state (Walking Person/Upraised Hand or Walking
Person/Upraised Hand/Countdown pedestrian signal) indicators.
8. Replacement of Walking Person/Upraised Hand and Walking Person/Upraised Hand/LEDs as they become non-functional or inoperative. May be upgraded to Walking Person/Upraised Hand/Countdown pedestrian signal indicators, as directed by City.
Contractor shall also replace ballasts and transformers/solid-state transformers for these units as required.
9. Replacement of Walking Person/Upraised Hand/Countdown pedestrian signal lamps/LEDs as they become non-functional or 7 inoperative. Contractor shall also replace ballasts and transformers/solid-state transformers for these units as required.
10. Installation of complete new pedestrian heads with Walking Person/Upraised Hand or Walking Person/Upraised
Hand/Countdown pedestrian signal indications (as directed by City), solid-state transformers, and clamshell mountings.
11. Repainting of electric meter service cabinets, and controller cabinets.
Repainting shall be conducted by spray -painting methods. Controller cabinets shall be painted with enamel (aluminum color) or as otherwise directed by City.
12. Installation or replace of new battery back-up units, as directed by the Director of Public Works.
13. Installation or replacement of new electrical service cabinets as directed by the Director of Public Works.
14. Minor upgrades or installations as directed by City. b. Notification. Contractor shall contact the Director of Public Works or his approved designee regarding any Approved Response Maintenance and obtain City's prior approval before the work is scheduled, using the Approval Form provided by City. Contractor shall notify the Director of Public Works or his approved designee and obtain approval in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response.
c. Compensation for Approved Response Maintenance
City shall compensate Contractor for Approved Response Maintenance required beyond the scope of Preventive Maintenance as follows:
1. Materials. City shall pay Contractor for materials used in Approved Response Maintenance at Contractor's cost from the supplier plus the percentage markup specified in this agreement. All materials and parts shall be new or have the approval of the Director of Public Works, if otherwise. City has the right to inspect Contractor's records to verify any material costs used in Approved Response
Maintenance.
2. Direct Labor. Contractor shall present with his monthly invoice a record of hours spent in Approved Response Maintenance of traffic signals and appurtenances per intersection. City shall pay Contractor for such hours of Approved Response Maintenance at the rates specified in this agreement. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of workmen for health and welfare, insurance worker's compensation, pension, vacation, sick leave or any local, State, 8 Federal or union tax or assessment and vehicle and equipment costs.
6. EMERGENCY RESPONSE MAINTENANCE
Emergency Response Maintenance is typically performed in response to a failure or malfunction of the signal system caused by vehicle collision, vandalism, civil disorder, windstorm, natural disasters, street construction, or excavation, where injury or property damage may result without prompt response.
Contractor shall investigate and determine the corrective requirements for each reported malfunction, failure or outage of the traffic signal system. The malfunctions, failures or outages that require an emergency response, shall be considered "Emergency Response Maintenance," not requiring advance approval by City. In response to an emergency, Contractor shall replace or repair any and all defective parts of the signal system causing signal failure or malfunction, as needed to bring the signal system to operating condition.
Contractor shall maintain a twenty-four (24) hour per day emergency service for the repair of controller malfunctions or any damage creating a public hazard, for which Contractor shall repair parts, replace parts and lamps, and otherwise keep the traffic signals in good working condition. Contractor shall maintain a local telephone number where he can be reached twenty-four (24) hours per day. This telephone number is to be made available to all persons designated by City.
Contractor shall respond within one (1) hour to service calls on an emergency basis. However, Contractor shall respond immediately to emergency calls such as a total blackout, when directed by City or Public Safety personnel.
For the emergency repair of a signal, which is totally blacked out, the following procedure of traffic control shall apply:
a. Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour under normal conditions. Contractor's vehicles shall carry traffic cones, flashing arrow boards, traffic warning signs, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician or City Representative. b. If no police officer is present and temporary stop signs have been set up when Contractor arrives at the site, Contractor shall set up more traffic warning and control devices if deemed necessary and proceed to repair the signal. After the signal is back in operation, Contractor shall remove all of the temporary traffic control devices and return those devices owned by City to the City Yard.
c. Compensation for Emergency Response Maintenance
City shall compensate Contractor for Emergency Response Maintenance required beyond the scope of Preventive Maintenance as follows:
9 1. Materials. City shall pay Contractor for materials used in Emergency Response Maintenance at Contractor's cost from the supplier plus the percentage markup specified in this agreement. All materials and parts shall be new or have the approval of the Director of Public Works, if otherwise. City has the right to inspect Contractor's records to verify any material costs used in Emergency Response Maintenance.
2. Direct Labor. Contractor shall present with his monthly invoice a record of hours spent in Emergency Response Maintenance for traffic signals and appurtenances per intersection. City shall pay Contractor for such hours of Emergency Response Maintenance at the rates specified in this agreement. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of workmen for health and welfare, insurance worker's compensation, pension, vacation, sick leave, or any local, State, Federal or union tax or assessment.
7. NOTIFICATION
Contractor shall notify City within 24 hours of the alteration of the operation of any signal or the installation or removal of any substitute controller or component, by telephone and by e-mail.
8. SHUTDOWNS
Contractor shall notify the Placentia Police Department and the Director of Public Works of any signal turn-offs or turn-ons necessitated by his operations and shall not make said turn-offs or turn-ons until a police officer is present or unless given permission to proceed without police control by the Director of Public Works.
9. RECORDS
Contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, hour of day and description of service work performed. A copy of such record shall be maintained at all times within the controller cabinet at each signal location.
A log sheet giving a brief description of all Preventive Maintenance, Approved Response Maintenance and Emergency Response Maintenance shall be attached to each monthly invoice.
Each monthly invoice shall summarize the work performed, noting the monthly Preventive Maintenance fee, the total fee for Approved Response Maintenance for the month, the total fee for Emergency Response Maintenance for the month, and the grand total of charges for the month. A monthly report of activities for each intersection's events, sorted by type of maintenance, then sorted by date/time, shall be attached to the monthly invoice in support of the monthly charges. 10 o
10. COMPENSATION
City will compensate Contractor at the unit price per signalized intersection for Preventive Maintenance, and at the labor and equipment costs for Approved Response Maintenance and Emergency Response Maintenance, as described in sections 4, 5 and 6 herein per month.
Contractor shall agree to receive and accept the prices shown in his bid proposal as full compensation for furnishing all materials and for doing all the work contemplated and embraced in the RFP and proposal; and also for all loss or damage arising out work performed, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof.
11. ADDITIONS TO SYSTEM
Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed, or become a part of the maintenance requirements of City. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost of preventive maintenance will be prorated from the day Contractor is notified.
12. TYPES OF SIGNALS
The agreed -upon prices for Preventive Maintenance, Approved Response Maintenance, and Emergency Response Maintenance shall apply to all types of signal controllers, accessories and systems as may exist in City now or that may be installed during the life of the contract.
13. TRAFFIC CONTROL
Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times. Contractor shall obtain a no -fee encroachment permit from City prior to any lane closures or construction activity within City rights -of -way. All warning lights, signs, flares, barricades, delineators, detours and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by Contractor. All traffic control shall conform to, and be placed in accordance with, the current Caltrans Manual on Uniform Traffic Control Devices and the current Work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be furnished and maintained as directed by the Director of Public Works.
During working hours, a minimum of one 12 -foot wide travel lane in each direction, and all existing left -turn pockets whenever feasible, shall be maintained. No lane closures on arterial highways will be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 4:00 p.m. and 6:00 p.m., unless an emergency situation exists and such a closure is necessary to safeguard the traveling public. Separation between 11 travel lanes, channelization and delineation of the maintenance area shall be accomplished by the use of delineators and/or cones placed at a maximum of 15 feet on center.
Each vehicle used to place and remove components of a traffic control system on multi -lane highways shall be equipped with a flashing arrow board, which shall be in operation when the vehicle is being used for placing, maintaining or removing said components. The flashing arrow board shall be in place before a lane closure(s) requiring its use is implemented. When maintenance is complete, all traffic control signs, barricades, delineators, etc., shall be removed from the site.
14. PUBLIC CONVENIENCE AND SAFETY
Contractor shall so conduct his operation as to cause the least possible obstruction and inconvenience to public traffic. Contractor shall furnish and maintain such fences, barriers, lights, warning devices and signs in compliance with the current California Manual on Uniform Traffic Control Devices
(CA MUTCD) and the current Work Area Traffic Control Handbook (WATCH) as may be deemed necessary by the Director of Public Works to give adequate warning to the public at all times that the Road or Street is obstructed and of any abnormal conditions which would be encountered as a result thereof. Excavation shall not occur without prior notification to Underground Service Alert.
15. NEW SIGNAL CONSTRUCTION
From time to time, City may construct new signalized intersections. Contractor shall inspect the construction of new traffic signals as directed by City. The findings are to be presented to the representative designated by the Director of Public Works for their evaluation.
16. LABOR STRIKE
Contractor shall continue to provide continuous maintenance services, without any interruptions, of all traffic signals in City in case of any labor strikes. Contractor shall provide other means, at his own cost, to provide comparable continuous service as if there were no strike. Failing to do so will cause City to take whatever action is deemed necessary to provide such service and the cost will be borne by Contractor.
17. PATENTS
Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.
18. RESPONSIBILITY FOR DAMAGE
City, its City Council, employees and agents shall not be answerable or accountable, in any manner, for any loss or damage that may happen to the work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workmen or the public; for 12 damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance.
19. SIGNALIZED INTERSECTIONS
Contractor shall maintain the sixty-nine (69) signal facilities as defined herein at the locations shown in Table 1, below.
Table 1
TRAFFIC SIGNALS MAINTAINED BY THE CITY OF PLACENTIA
1 Alta Vista Street
Central Avenue
2 Alta Vista Street
Dunnavant Drive
3 Alta Vista Street
Jefferson Street
4 Alta Vista Street
Van Buren Street
5 Bastanchury Road
Brookhaven Avenue
6 Bastanchury Road
McCormack Lane
7 Bastanchury Road
Placentia Avenue
8 Bastanchury Road
Tuffree Boulevard
9 Bastanchury Road
Valencia Avenue
10 Bradford Avenue
Madison Avenue
11 Chapman Avenue
Angelina Drive
12 Chapman Avenue
Bradford Avenue
13 Chapman Avenue
Central Avenue
14 Chapman Avenue
Kraemer Boulevard
15 Chapman Avenue
Melody Lane
16 Chapman Avenue
Melrose Avenue
17 Chapman Avenue
Murray Street
18 Chapman Avenue
Orangethorpe Avenue
19 Kraemer Boulevard
Alta Vista Street
20 Kraemer Boulevard
Bastanchury Road
21 Kraemer Boulevard
Crowther Avenue
22 Kraemer Boulevard
Golden Avenue
23 Kraemer Boulevard
Madison Avenue
24 Kraemer Boulevard
Morse Avenue/Sheffield Street
25 Kraemer Boulevard
Orangethorpe Avenue
26 Kraemer Boulevard
Patrician Lane
27 Kraemer Boulevard
Yorba Linda Boulevard
28 Melrose Street
Crowther Avenue
29 Melrose Street
La Jolla Street
30 Orangethorpe Avenue
Melrose Avenue
31 Orangethorpe Avenue
Placentia Avenue
32 Placentia Avenue
Crowther Avenue
33 Placentia Avenue
Fender Avenue
34 Placentia Avenue
Kimberly Avenue
35 Placentia Avenue
Lewis Place
36 Placentia Avenue
La Jolla StreetNia Burton
13 37
Placentia Avenue
Palm Drive
38 Placentia Avenue
St. John Way
39 Rose Drive
Alta Vista Street
40 Rose Drive
Buena Vista Street
41 Rose Drive
Castner Drive
42 Rose Drive
Linda Vista Street/Valparaiso Way
43 Rose Drive
Palm Drive
44 Valencia Avenue
Golden Avenue
45 Valencia Avenue
Shady Lane
46 Yorba Linda Boulevard
Bradford Avenue
47 Yorba Linda Boulevard
Jefferson Street/Prospect Avenue
48 Yorba Linda Boulevard
Linda Vista Street
49 Yorba Linda Boulevard
McCormack Lane
50 Yorba Linda Boulevard
Palm Drive
51 Yorba Linda Boulevard
Rose Drive
52 Yorba Linda Boulevard
Valencia Avenue
53 Kraemer Boulevard
Hawaii
54 Orangethoroe Avenue
Highland Avenue
55 Orangethorpe Avenue
Traub Lane
56 Orangethoroe Avenue
DeI Cerro Drive
57 Orangethorpe Avenue
Miller Street
58 Rose Drive
DeI Cerro Drive
Quiet Zone Intersections
59 Orangethorpe Avenue
Jefferson Street
60 Orangethoroe Avenue
Richfield Road
61 Orangethorpe Avenue
Van Buren Street
Flashing Beacon and RRFB Locations
62 Yorba Linda Boulevard
Seville Street
63 Yorba Linda Boulevard
Carthage Street
64 Valencia Avenue
Golden Avenue
65 La Jolla Street
Lawrence Street
Speed Feedback Sign Locations
66 La Jolla Street
West of Lawrence Street
67 La Jolla Street
East of Lawrence Street
68 Valencia Avenue
Lemke Drive
69 Valencia Avenue
Chickasaw Drive
14 EXHIBIT 'B'
FEE SCHEDULE FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
Fee Schedule for Preventive Maintenance
ITEM
NO.
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
UNIT
PRICE
1 Maintain each signalized intersection — monthly, quarterly, bi-annually, and annual services
58 EA
$55.00
2 Maintain each Quiet Zone signalized intersection -
monthly, quarterly, bi-annually, and annual services
3 EA
$55.00
3 Maintain Battery Back-up System per Intersection per
Month
40 EA
$5.00
A1
Routine Preventative Maintenance Per Month (Items 1 through 5) $3,555
A
Annual Preventative Maintenance (A1 multiplied by 12 months) $42,660
Fee Schedule for Extraordinary Repairs
ITEM
NO.
DESCRIPTION
UNIT
UNIT PRICE
1 Replace 6' diameter Type E detector loops, including lead-in and cable splicing
EA
$575.00
2 Replace burned -out light Emitting Diodes (LED) module —
NON -PV
EA
$100.00
3 Replace burned -out internally illuminated street name sign (ISNS) lamps
EA
$165.00
4 Replace burned out intersection safety light with LED fixture (Philips Lumec RoadFocus RFM)
EA
$765.00
5 Replace burned out intersection safety light bulb only EA
$90.00
6 Extraordinary Repairs — Hourly Rate Regular Time (Electrician Labor with Equipment)
EA
$130.00
7 Extraordinary Repairs — Hourly Rate — Overtime (Electrician Labor with Equipment)
EA
$180.00
8 Extraordinary Repairs — Hourly Rate — Double Time
(Electrician Labor with Equipment)
EA
$235.00
9 Underground Service Alert (USA) response -marking of traffic signal facilities at City's request
EA
$150.00
10 Painting of Pedestrian Heads, Pedestrian buttons and framework per intersection
EA
$700.00
11 Painting of all signal heads, backplates and frameworks per intersections.
EA
$850.00
12 Painting of traffic signal controller cabinet and electric service cabinet per intersection
EA
$700.00
15 EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Bear Electrical Solutions, Inc
Rev. 06/2018
ACORO®
�� CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
1/26/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Woodruff -Sawyer & Co.
50 California Street, Floor 12
San Francisco CA 94111
CONTACT
Chris Kelley
PHONE FAX
(A/C. No. Ext): 415-402-6521 (A/C, No): 415-989-9923
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Hartford Casualty Insurance Company
29424
INSURED BEARELE-01
1ear252 ElectState St, SO 924 Inc.
1252 State St, PO 924
Alviso CA 95002
INSURER B: Hartford Fire Insurance Company
19682
INSURERC: Sentinel Insurance Company, Ltd.
11000
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 213861756
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.
INSRLTR
TYPE OF INSURANCE
INSDADDL
SUBR
WVD
POLICY NUMBER
POLICY EFF
( O /YEFF
POLICY EXP
( POLICY E YY)
LIMITS
B
X
COMMERCIAL GENERAL LIABILITY
Y
Y
57UEAFN9382 /
N/
2/1/2023
2/1/2024
EACH OCCURRENCE
$1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 300,000
MED EXP (Any one person)
$ 10,000
PERSONAL 8, ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE
X
LIMIT APPLIES
Fin
PER:
LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OPAGG
$2,000,000
$
A
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
Y
Y
57UEAFN9268
7 2/1/2023
2/1/2024
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
O
OCCUR
CLAIMS -MADE
57RHAFN9350
2/1/2023
2/1/2024
EACH OCCURRENCE
$10,000,000
AGGREGATE
$ 10,000,000
DED
RETENTIONS
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
N / A
Y
57WEAAJ9MEN
2/1/2023
2/1/2024
X
PERTUTE
STA
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Maintenance Services Agreement. The City of P acentia and its elected and appointed, its officials, boards, officers, officials, agents, employees, and Volunteers are additional insured, on a primary, non-contributory basis, per the attached endorsements. Policies contain a 30 -day notice of cancellation, 10 -day notice of cancellation for non-payment of premium.
CERTIFICATE HOLDER
CANCELLATION
The City of Placentia
401 E. Chapman
Placentia CA 92807
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 57UEAFN9382
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - OPTION I
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Designated Project(s) Or Location(s)
Of Covered Operations:
The City of Placentia and its elected and
appointed, its officials, boards, officers, officials,
agents, employees,
All work for the City of Placentia
Information recuired to complete this Schedule, if not shown above, will be shown in the Declarations.
A. With respect to those person(s) or organization(s)
shown in the Schedule above when you have
agreed in a written contract or written agreement
to provide insurance such as is afforded under this
policy to them, Subparagraph f., Any Other
Party, under the Additional Insureds When
Required By Written Contract, Written
Agreement Or Permit Paragraph of Section II —
Who Is An Insured is replaced with the following:
f. Any Other Party
Any other person or organization who is not
an insured under Paragraphs a. through e.
above, but only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury" caused, in whole or in
part, by your acts or omissions or the acts or
omissions of those acting on your behalf:
(1) In the performance of your ongoing
operations for such additional insured at
the project(s) or location(s) designated in
the Schedule;
(2) In connection with your premises owned
by or rented to you and shown in the
Schedule; or
Form HS 24 80 07 13
(3) In connection with "your work" for the
additional insured at the project(s) or
location(s) designated in the Schedule
and included within the "products -
completed operations hazard", but only if:
(a) The written contract or written
agreement requires you to provide
such coverage to such additional
insured at the project(s) or location(s)
designated in the Schedule; and
(b) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products -completed operations
hazard".
The insurance afforded to the additional
insured shown in the Schedule applies:
(1) Only if the "bodily injury" or "property
damage" occurs, or the "personal and
advertising injury" offense is committed:
(a) During the policy period; and
(b) Subsequent to the execution of such
written contract or written agreement;
and
© 2013, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with its permission.)
(c) Prior to the expiration of the period of
time that the written contract or written
agreement requires such insurance
be provided to the additional insured.
(2) Only to the extent permitted by law; and
(3) Will not be broader than that which you
are required by the written contract or
written agreement to provide for such
additional insured.
With respect to the insurance afforded to the
person(s) or organization(s) that are additional
insureds under this endorsement, the
following additional exclusion applies:
This insurance does not apply to "bodily
injury", "property damage" or "personal and
advertising injury" arising out of the rendering
of, or the failure to render, any professional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders, designs or specifications;
or
(2) Supervisory, inspection, architectural or
engineering activities.
The limits of insurance that apply to the additional
insured shown in the Schedule are described in the
Limits Of Insurance section.
How this insurance applies when other insurance is
available to the additional insured is described in the Other Insurance Condition in Section IV —
Commercial General Liability Conditions, except as
otherwise amended below.
B. With respect to insurance provided to the
person(s) or organization(s) that are additional
insureds under this endorsement, the When You
Add Others As An Additional Insured To This
Insurance subparagraph, under the Other
Insurance Condition of Section IV — Commercial
General Liability Conditions is replaced with the
following:
When You Add Others As An Additional
Insured To This Insurance
(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 primary, we will share with all that
other insurance by the method described in
Paragraph (c) below. This insurance does not
apply to other insurance to which the
additional insured in the Schedule has been
added as an additional insured.
(b) Primary And Non -Contributory To Other
Insurance When Required By Contract
This insurance is primary to and will not seek
contribution from any other insurance
available to an additional insured under your
policy provided that:
(i) The additional insured in the Schedule is
a Named Insured under such other
insurance; and
(ii) You have agreed in a written contract or
written agreement that this insurance
would be primary and would not seek
contribution from any other insurance
available to the additional insured in the
Schedule.
(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.
All other terms and conditions in the policy remain
unchanged.
Form HS 24 80 07 13
Policy #57UEAFN9382
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declarations, and any other person or organization
qualifying as a Named Insured under this policy. The
words "we", "us" and "our" refer to the stock
insurance company member of The Hartford
providing this insurance.
The word "insured" means any person or
organization qualifying as such under Section II —
Who Is An Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V —
Definitions.
SECTION I - COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property
damage" to which this insurance applies. We
will have the right and duty to defend the
insured against any "suit" seeking those
damages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "bodily injury" or "property
damage" to which this insurance does not
apply. We may, at our discretion, investigate
any "occurrence" and settle any claim or "suit"
that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III — Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments — Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
HG 00 01 09 16
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
Prior to the policy period, no insured listed
under Paragraph 1. of Section II — Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the
"bodily injury" or "property damage" had
occurred, in whole or in part. If such a
listed insured or authorized "employee"
knew, prior to the policy period, that the
"bodily injury" or "property damage"
occurred, then any continuation, change
or resumption of such "bodily injury" or
"property damage" during or after the
policy period will be deemed to have been
known prior to the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section II
— Who Is An Insured or any "employee"
authorized by you to give or receive notice of
an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice And Good
Samaritan Coverage
"Bodily injury" arising out of the rendering of
or failure to render the following health care
services by any "employee" or "volunteer
worker" shall be deemed to be caused by an
"occurrence" for:
(3)
(3)
© 2016 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
(1) Professional health care services such as:
(a) Medical, surgical, dental, laboratory, x-
ray or nursing services or treatment,
advice or instruction, or the related
furnishing of food or beverages;
(b) Any health or therapeutic service,
treatment, advice or instruction; or
(c) The furnishing or dispensing of drugs
or medical, dental, or surgical supplies
or appliances; or
(2) First aid services, which include:
(a) Cardiopulmonary resuscitation,
whether performed manually or with a
defibrillator; or
(b) Services performed as a Good
Samaritan.
For the purpose of determining the limits of
insurance, any act or omission together with
all related acts or omissions in the furnishing
of these services to any one person will be
considered one "occurrence".
However, this Incidental Medical Malpractice
And Good Samaritan Coverage provision
applies only if you are not engaged in the
business or occupation of providing any of the
services described in this provision.
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the
insured. This exclusion does not apply to
"bodily injury" or "property damage" resulting
from the use of reasonable force to protect
persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:
(1) That the insured would have in the
absence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an "insured contract", provided the
"bodily injury" or "property damage"
occurs subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
"insured contract", reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "bodily injury" or "property
damage", provided:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contract"; and
(b) Such attorney fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which
damages to which this insurance
applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.
However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of this
exclusion, permitting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for such activity, is not by itself considered the
business of selling, serving or furnishing
alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
HG 00 01 09 16
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
"pollutants":
(a) At or from any premises, site or
location which is or was at any time
owned or occupied by, or rented or
loaned to, any insured. However, this
subparagraph does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
used to heat water for personal
use, by the building's occupants or
their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional
insured at that premises, site or
location and such premises, site or
location is not and never was
owned or occupied by, or rented or
loaned to, any insured, other than
that additional insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or
location which is or was at any time
used by or for any insured or others for
the handling, storage, disposal,
processing or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
"pollutants" are brought on or to the
premises, site or location in connection
with such operations by such insured,
contractor or subcontractor. However,
this subparagraph does not apply to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape
from a vehicle part designed to
hold, store or receive them. This
exception does not apply if the
"bodily injury" or "property damage"
arises out of the intentional
discharge, dispersal or release of
the fuels, lubricants or other
operating fluids, or if such fuels,
lubricants or other operating fluids
are brought on or to the premises,
site or location with the intent that
they be discharged, dispersed or
released as part of the operations
being performed by such insured,
contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
HG 00 01 09 16 Page 3 of 21
g.
directly or indirectly on any insured's
behalf are performing operations if the
operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants".
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of, "pollutants".
However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in
the absence of such request, demand,
order or statutory or regulatory
requirement, or such claim or "suit" by or
on behalf of a governmental authority.
Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is owned
or operated by or rented or loaned to any
insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long: and
(b) Not being used to carry persons for a
charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance
or use of aircraft or watercraft;
"Bodily injury" or "property damage"
arising out of:
(a) The operation of machinery or
equipment that is attached to, or part
of, a land vehicle that would qualify
under the definition of "mobile
equipment" if it were not subject to a
compulsory or financial responsibility
law or other motor vehicle insurance
law where it is licensed or principally
garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this exception
does not apply if the insured has any other
insurance for such "bodily injury" or
"property damage", whether the other
insurance is primary, excess, contingent
or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed,
demolition, or stunting activity.
i. War
(5)
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy,
including any costs or expenses incurred
by you, or any other person, organization
or entity, for repair, replacement,
enhancement, restoration or maintenance
of such property for any reason, including
prevention of injury to a person or damage
to another's property;
(2) Premises you sell, give away or abandon,
if the "property damage" arises out of any
part of those premises;
(3)
(4) Personal property in the care, custody or
control of the insured;
That particular part of real property on
which you or any contractors or
subcontractors
working directly or indirectly on your behalf
are performing operations, if the "property
damage" arises out of those operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III — Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" arising from
the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to borrowed
equipment while not being used to perform
operations at the job site.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the
"products -completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising
out of it or any part of it.
I. Damage To Your Work
"Property damage" to "your work" arising out
of it or any part of it and included in the
"products -completed operations hazard".
(5)
Property loaned to you;
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your
product" or "your work" after it has been put
to its intended use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by
any person or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Access or Disclosure Of Confidential Or
Personal Information And Data -related
Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information, credit
card information, health information or any
other type of nonpublic information; or
(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
HG 00 01 09 16
q•
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.
However, unless Paragraph (1) above
applies, this exclusion does not apply to
damages because of "bodily injury".
As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or transmitted to
or from computer software, including systems
and applications software, hard or floppy
disks, CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
Employment -Related Practices
"Bodily injury" to:
(1) A person arising out of any "employment —
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
injury" to that person at whom any
"employment -related practices" are
directed.
This exclusion applies:
(1)
Whether the injury -causing event
described in the definition of "employment -
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
r. Asbestos
(3)
(1) "Bodily injury" or "property damage"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
s. Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1)
The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
Damage To Premises Rented To You —
Exception For Damage By Fire, Lightning Or
Explosion
Exclusions c. through h. and j. through n. do not
apply to damage by fire, lightning or explosion to
premises while rented to you or temporarily
occupied by you with permission of the owner. A
separate limit of insurance applies to this
coverage as described in Section III — Limits Of
Insurance.
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury"
to which this insurance applies. We will have
the right and duty to defend the insured
against any "suit" seeking those damages.
However, we will have no duty to defend the
insured against any "suit" seeking damages
for "personal and advertising injury" to which
this insurance does not apply. We may, at our
(3)
discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III — Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments — Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offense
arising out of your business but only if the
offense was committed in the "coverage
territory" during the policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" arising out of
an offense committed by, at the direction or
with the consent or acquiescence of the
insured with the expectation of inflicting
"personal and advertising injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material, if done by or at the
direction of the insured with knowledge of its
falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material whose first publication
took place before the beginning of the policy
period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages that the insured would
have in the absence of the contract or
agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of a
breach of contract, except an implied contract to
g.
use another's "advertising idea" in your
"advertisement".
Quality Or Performance Of Goods —
Failure To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or
performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services.
i. Infringement Of Intellectual Property
Rights
(1) "Personal and advertising injury" arising
out of any actual or alleged infringement
or violation of any intellectual property
rights such as copyright, patent,
trademark, trade name, trade secret, trade
dress, service mark or other designation
of origin or authenticity; or
(2) Any injury or damage alleged in any clam
or "suit" that also alleges an infringement
or violation of any intellectual property
right, whether such allegation of
infringement or violation is made by you or
by any other party involved in the claim or
"suit", regardless of whether this
insurance would otherwise apply.
However, this exclusion does not apply if the
only allegation in the claim or "suit" involving
any intellectual property right is limited to:
(1) Infringement, in your "advertisement", of:
(a) Copyright;
(b) Slogan; or
(c) Title of any literary or artistic work; or
(2) Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement".
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed
by an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs a., b. and c. of the definition of
"personal and advertising injury" under the
Definitions Section.
(3)
HG 00 01 09 16 Page 7 of 21
For the purposes of this exclusion, the placing
of frames; borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
insured hosts, owns, or over which the
insured exercises control.
I. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatags, or any other similar tactics to
mislead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution -Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
(3)
or
Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Internet Advertisements And Content Of
Others
q.
"Personal and advertising injury" arising out
of:
(1)
An "advertisement" for others on your web
site;
(2) Placing a link to a web site of others on
your web site;
Content, including information, sounds,
text, graphics, or images from a web site
of others displayed within a frame or
border on your web site; or
(4) Computer code, software or programming
used to enable:
(3)
(a) Your web site; or
(b) The presentation or functionality of an
"advertisement" or other content on
your web site.
Right Of Privacy Created By Statute
"Personal and advertising injury" arising out of
the violation of a person's right of privacy
created by any state or federal act.
However, this exclusion does not apply to
liability for damages that the insured would
have in the absence of such state or federal
act.
r. Violation Of Anti -Trust law
"Personal and advertising injury" arising out of
a violation of any anti-trust law.
s. Securities
"Personal and advertising injury" arising out of
the fluctuation in price or value of any stocks,
bonds or other securities.
t. Recording And Distribution Of Material Or
Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
(3)
u. Employment -Related Practices
"Personal and advertising injury" to:
(1) A person arising out of any "employment —
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal and advertising injury" to that
person at whom any "employment -related
practices" are directed.
This exclusion applies:
(1) Whether the injury -causing event
described in the definition of "employment -
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
v. Asbestos
(1) "Personal and advertising injury" arising
out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
w. Access Or Disclosure Of Confidential Or
Personal Information
"Personal and advertising injury" arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, health
information or any other type of nonpublic
information.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of any access to or disclosure of
any person's or organization's confidential or
personal information.
COVERAGE C MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1)
The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are incurred and reported
to us within three years of the date of the
accident; and
The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers Compensation And Similar Laws
To a person, whether or not an "employee" of
(3)
HG 00 01 09 16 Page 9 of 21
any insured, if benefits for the "bodily injury" are
payable or must be provided under a workers'
compensation or disability benefits law or a
similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports, or athletic
contests.
f. Products -Completed Operations Hazard
Included within the "products -completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS - COVERAGES
A AND B
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $1,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.
We do not have to furnish these bonds.
c. The cost of appeal bonds or bonds to release
attachments, but only for bond amounts
within the applicable limit of insurance. We do
not have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $500 a
day because of time off from work.
e. All court costs taxed against the insured in
the "suit". However, such costs do not
include attorneys' fees, attorneys' expenses,
witness or expert fees, or any other expenses
of a party taxed to the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment
that is within the applicable limit of insurance.
These payments will not reduce the limits of
insurance.
g.
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a
party to the "suit", we will defend that indemnitee
if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the
information we know about the "occurrence"
are such that no conflict appears to exist
between the interests of the insured and the
interests of the indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend
the insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit"
(c) Notify any other insurer whose
coverage is available to the
indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable
insurance available to the indemnitee;
and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee,
necessary litigation expenses incurred by us and
necessary litigation expenses incurred by the
indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I —
Coverage A — Bodily Injury And Property
Damage Liability, such payments will not be
deemed to be damages for "bodily injury" and
"property damage" and will not reduce the limits
of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlements; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole
owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds, but
only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are
an insured. Your "executive officers" and
directors are insureds, but only with respect to
their duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you are
an organization other than a partnership, joint
venture or limited liability company) or your
managers (if you are a limited liability
company), but only for acts within the scope
of their employment by you or while
performing duties related to the conduct of
your business.
However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other "volunteer
workers" while performing duties
related to the conduct of your
business;
(b) To the spouse, child, parent, brother or
sister of that co -"employee" or that
"volunteer worker" as a consequence
of Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because
of the injury described in Paragraphs
(1)(a) or (1)(b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
If you are not in the business of providing
professional health care services:
(a) Subparagraphs (1)(a), (1)(b) and (1)(c)
above do not apply to any "employee"
or "volunteer worker" providing first aid
services; and
(b) Subparagraph (1)(d) above does not
apply to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you
are a partnership or joint venture), or any
member (if you are a limited liability
company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Legal Representative If You Die
Your legal representative if you die, but only
HG 00 01 09 16
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity of
which you own a financial interest of more
than 50% of the voting stock on the effective
date of the Coverage Part.
The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
financial interest of more than 50% of the voting
stock, will qualify as a Named insured if there is
no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form
the organization or the end of the policy
period, whichever is earlier;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
4. Nonowned Watercraft
With respect to watercraft you do not own that is
less than 51 feet long and is not being used to
carry persons for a charge, any person is an
insured while operating such watercraft with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the watercraft, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under this provision.
5. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
injury or damage occurs subsequent to the
execution of the contract or agreement.
A person or organization is an additional insured
under this provision only for that period of time
required by the contract or agreement.
However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded the vendor is
subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption
of liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the vendor
would have in the absence of the
contract or agreement;
(b) Any express warranty unauthorized by
you;
(c) Any physical or chemical change in the
product made intentionally by the
vendor;
(d) Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally
(f)
(g)
undertakes to make in the usual
course of business, in connection with
the distribution or sale of the products;
Demonstration, installation, servicing
or repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or
(h) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in Sub-
paragraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or containing
such products.
b. Lessors Of Equipment
(1) Any person(s) or organization(s) from
whom you lease equipment; but only with
respect to their liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
(2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
c. Lessors Of Land Or Premises
Any person or organization from whom you
lease land or premises, but only with respect
to liability arising out of the ownership,
maintenance or use of that part of the land or
premises leased to you.
With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:
This insurance does not apply to:
1. Any "occurrence" which takes place after
you cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
Any architect, engineer, or surveyor, but only
with respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in part,
by your acts or omissions or the acts or
omissions of those acting on your behalf:
(1) In connection with your premises; or
(2) In the performance of your ongoing
operations performed by you or on your
behalf.
With respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to "bodily
injury", "property damage" or "personal and
advertising injury" arising out of the rendering
of or the failure to render any professional
services by or for you, including:
1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
2. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the state or political
subdivision has issued a permit.
With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the state
or municipality; or
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(2) "Bodily injury" or "property damage"
included within the "products -completed
operations hazard".
f. Any Other Party
Any other person or organization who is not
an additional insured under Paragraphs a.
through e. above, but only with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations;
(2) In connection with your premises owned
by or rented to you; or
In connection with "your work" and
included within the "products -completed
operations hazard", but only if
(a) The written contract or agreement
requires you to provide such coverage
to such additional insured; and
(b) This Coverage Part provides coverage
for "bodily injury" or "property damage"
included within the "products -
completed operations hazard".
However:
(1) The insurance afforded to such additional
insured only applies to the extent
permitted by law; and
(2) If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such
additional insured.
With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury" arising out of
the rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
(3)
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
The limits of insurance that apply to additional
insureds is described in Section III — Limits Of
Insurance.
How this insurance applies when other insurance
is available to the additional insured is described
in the Other Insurance Condition in Section IV —
Commercial General Liability Conditions.
No person or organization is an insured with respect
to the conduct of any current or past partnership,
joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.
SECTION III - LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most we
will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. General Aggregate Limit
The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the "products -
completed operations hazard"; and
c. Damages under Coverage B.
3. Products -Completed Operations Aggregate
Limit
The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "products -
completed operations hazard".
4. Personal And Advertising Injury Limit
Subject to 2. above, the Personal and
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.
5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
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b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".
6. Damage To Premises Rented To You Limit
Subject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay
under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
7. Medical Expense Limit
Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury"
sustained by any one person.
8. How Limits Apply To Additional Insureds
If you have agreed in a written contract or written
agreement that another person or organization
be
added as an additional insured on your policy,
the most we will pay on behalf of such additional
insured is the lesser of:
a. The limits of insurance specified in the written
contract or written agreement; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to Limits of Insurance shown in the
Declarations and described in this Section.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,
starting with the beginning of the policy period
shown in the Declarations, unless the policy period
is extended after issuance for an additional period of
less than 12 months. In that case, the additional
period will be deemed part of the last preceding
period for purposes of determining the Limits of
Insurance.
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it
that we are notified as soon as practicable of
an "occurrence" or an offense which may
result in a claim. To the extent possible,
notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. Notice Of Claim
If a claim is made or "suit" is brought against
any insured, you or any additional insured
must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You or any additional insured must see to it
that we receive written notice of the claim or
"suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit"
(2) Authorize us to obtain records and other
information;
Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered by
other insurance available to an additional
insured, such additional insured must submit
such claim or "suit" to the other insurer for
defense and indemnity.
However, this provision does not apply to the
extent that you have agreed in a written
(3)
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