Agenda, regular meeting — Los Alamitos City Council, February 28, 2022 (part 1 of 3)

CITY OF LOS ALAMITOS
Council Chamber
3191 Katella Ave., Los Alamitos, CA 90720
Via videoconference
Participation via Phone: (301) 715-8592
Meeting ID: 853 5579 0336

CITY COUNCIL AGENDA

ADJOURNED REGULAR MEETING
Monday, February 28, 2022 –6:00 p.m.

SAFETY ALERT – NOTICE REGARDING COVID-19
Pursuant to the provisions of the Governor’s Executive Orders N-25-20 and N-29-20, some members of the City of Los Alamitos City Council may participate by videoconference.

The public may access the meeting in person or telephonically. Members of the public can access the meeting by phone by dialing +1 (301) 715-8592 and enter the Meeting ID: 853 5579 0336. Your microphone will be disabled upon entry for the duration of the meeting.

If you wish to attend the City Council meeting in person, the Council Chamber located at 3191 Katella Ave., Los Alamitos, California 90720, will have seating for this meeting and the public shall have the right to observe and offer public comment at this location.

Masks will be required before entering the Council Chamber. Seating will be available based on six feet of social distancing. The City of Los Alamitos continues to follow the Centers for Disease Control and Prevention (CDC) guidelines and these provisions are subject change with short notice.

While you may attend this meeting in person, given the health risks associated with COVID-19, please be advised that you may submit comments on any agenda item or on any item not on the agenda by email to [email protected] with the subject line “2/7/22 PUBLIC COMMENT”. Comments received by 3:00 p.m. will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read email comments at the meeting but the official record will include all email comments received until the close of the meeting. You may also view the meeting live on local cable channel 3.

Please consider carefully before attending this meeting in person and keep a six foot distance from others as much as possible. Please do not attend this meeting in person if you have traveled out of state and/or you have had direct contact with someone who has travelled or tested positive for Coronavirus (COVID-19), or you are experiencing symptoms such as coughing, sneezing, fever, difficulty breathing or other flu-like symptoms.

NOTICE TO THE PUBLIC – This Agenda contains a brief general description of each item to be considered.

Except as provided by law, action or discussion shall not be taken on any item not appearing on the agenda.

Supporting documents, including staff reports, are available for review at City Hall in the City Clerk’s Office or on the City’s website at www.cityoflosalamitos.org once the agenda has been publicly posted.

Each matter on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adopt a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as “for information” or “for discussion” may also be the subject of an “action” taken by the City Council at the same meeting.

City Council Adjourned Regular Agenda
February 28, 2022

Page 2 ends

Any written materials relating to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection online at www.cityoflosalamitos.org.

Persons wishing to address the City Council on any item on the City Council Agenda should complete a blue “Request to Speak” card and will be called upon at the time the agenda item is called or during the City Council's consideration of the item and may address the City Council for up to three minutes.

It is the intention of the City of Los Alamitos to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee, or a participant at this meeting, you will need special assistance beyond what is normally provided, please contact the City Clerk’s Office at (562) 431-3538, extension 220, 48 hours prior to the meeting so that reasonable arrangements may be made.

1. CALL TO ORDER

2. ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda

3. PLEDGE OF ALLEGIANCE
Mayor Hasselbrink will lead the Pledge of Allegiance.

INVOCATION
Council Member Doby will give the Invocation.

4. PRESENTATIONS
A. Presentation Regarding the Upcoming 47th Annual Americana Awards (Saturday, March 26, 2022) by Mr. Howard Kummerman, Executive Director, Cypress College Foundation

5. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.

6. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.

7. ITEMS FROM THE CITY MANAGER
City Council Adjourned Regular Agenda
February 28, 2022

Page 3 ends

8. WARRANTS
Ratify the Warrants for the period from January 4, 2022 through February 7, 2022 int eh amount of $1,264,244.93.

ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda
The Public Hearing will start at 6:30 p.m.

9. PUBLIC HEARING
A. Public Hearing #3 to Receive Input on the Draft Revised City Council District Boundaries (City Clerk)
Pursuant to Election Code section 21601, cities with by-district election systems are required to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts. The process to complete the redistricting requires a minimum of four public hearings and dedicated public outreach to ensure minority populations and communities of interest are aware of the redistricting effort and are provided with options to participate. The deadline for cities to complete the redistricting process is April 17, 2022.

Recommendation:

1. Open the public hearing to receive public input on district boundaries; and,

2. Review draft maps to redraw district boundaries and provide input to Staff.

10. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.

ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda
A. Approval of Minutes (City Clerk)
Approve the City Council Special and Regular Minutes of January 18, 2022 City Council Adjourned Regular Agenda
February 28, 2022

Page 4 ends

and Special Minutes of February 7, 2022.

B. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (City Attorney)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

Recommendation: Make the following findings by a majority vote of the City Council:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

C. Amendment to the Resolution Establishing Salaries and Benefits for Non-Represented Employees to Include Finance Manager (Finance) This report outlines the personnel changes for the Finance Department Budget.

Recommendation:

1. Adopt Resolution No. 2022-06, entitled, “A RESOLUTION OF CITY

COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,

ADOPTING JOB DESCRIPTION FOR FINANCE MANAGER

2. Adopt Resolution No. 2022-07, entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
AMENDING THE SALARIES AND BENEFITS FOR NONREPRESENTED EMPLOYEES TO INCLUDE FINANCE MANAGER”; and,

3. Approve a budget amendment for Fiscal year 2021-2022 in the Finance Department for an additional $86,624 for a full-time Finance Manager position.

D. Award of Professional Services Agreement (PSA) with Joncowest LLC. for Janitorial Services for City Facilities (Development Services) On January 4, 2022, staff received and reviewed bids to the City’s Request for Proposals (RFP) 2021-11 for janitorial services for the Civic Center including the Community Center complex.

City Council Adjourned Regular Agenda
February 28, 2022

Page 5 ends

Recommendation:

1. Award the bid for RFP 2021-11; and,

2. Authorize the Mayor to execute the Professional Services Agreement with Joncowest, LLC for janitorial services in an amount not to exceed $5,262.00 per month for a term of one year with an option for up to two 1-year extensions.

E. Resolution No. 2022-05 – CalRecycle SB 1383 Local Assistance Grants (Development Services)
This report seeks Council’s authorization to apply for CalRecycle SB 1383 Local Assistance Grant. The grant would assist the City’s effort in education and implementation of requirements associated with SB 1383.

Recommendation: Adopt Resolution No. 2022-05, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, AUTHORIZING SUBMITTAL OF

APPLICATION FOR ALL CALRECYCLE GRANT AND PAYMENT
PROGRAMS FOR WHICH THE CITY OF LOS ALAMITOS IS ELIGIBLE”.

F. Support of Federal Per- and Polyfluoroalkyl Substances (PFAS) Legislation that Protects Ratepayers and Water/Wastewater Agencies (City Clerk)
Consideration of a Resolution supporting the Orange County Water District’s (OCWD’s) and Orange County Sanitation District’s (OCSD) legislative platform: CERCLA exemption for water and wastewater agencies that simply receive and treat for Per- and Polyfluoroalkyl Substances (PFAS); continued use of cost-benefit analysis in the establishment of future drinking water standards and request to provide funding for PFAS remediation to water and wastewater agencies.

Recommendation: Adopt Resolution No. 2021-08, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, SUPPORTING FEDERAL PER- AND

POLYFLUOROALKYL SUBSTANCES (PFAS), LEGISLATION THAT

PROTECTS RATEPAYERS AND WATER AND WASTEWATER
AGENCIES”.

G. Citywide Street Striping and Pavement Marking (CIP 21/22-02) (Development Services)
The citywide striping program assists in maintaining safe and up-to-date striping, and pavement markings that comply with current Federal and State standards. The City has allocated $75,000 from Gas Tax and $25,000 from General fund (CIP 21/22-02), which includes the design and installation of striping and pavement markings. The Streets that will be updated in 2021- City Council Adjourned Regular Agenda
February 28, 2022

Page 6 ends

2022 budget include streets in Old Town West neighborhood, Old Dutch Haven neighborhood, Briggeman Street, and Cerritos Avenue.

Recommendation:

1. Approve the plans and specifications for the Traffic Striping and Pavement Markings in the Old Town West Neighborhood, Old Dutch Haven Neighborhood, Briggeman, Sausalito Street, and Cerritos Avenue (CIP No. 21/22-02) as recommend by the Traffic
Commission; and,

2. Authorize Staff to solicit bids to begin facilitating the proposed striping and pavement markings.

H. Award of Bid for the Los Alamitos Street Improvement Project on Various Streets FY 2021-2022 (CIP No. 21/22-03)
(Development Services)
On December 15, 2021, staff received and reviewed bids for the Los Alamitos Street Improvement Project on Various Streets FY 2021-2022 (CIP No. 21/22-03).

Recommendation:

1. Award contract for the Los Alamitos Street Improvement Project on Various Streets FY 2021-2022 (CIP No. 21/22-03) to RJ Noble Company in the amount of $1,378,015.00; and,

2. Authorize the Mayor to execute the contract with RJ Noble Company for the project; and,

3. Authorize the City Engineer to add work and execute change orders in the amount not to exceed the contingency reserve of 10% or $137,802.00; and,

4. Appropriate $270,000 to the Los Alamitos Street Improvement Project account, line item 10.570.5501.1707.

I. Award of Bid for the CDBG Howard Ave and Bloomfield Street Improvement FY 2021-2022 Project (CIP No. 21/22-04)
(Development Services)
On January 18, 2022, staff received and reviewed bids to the City’s Request for CIP No. 21/22-04 (FY 2021-2022) – the CDBG Howard Ave and Bloomfield Street Improvement Project.

City Council Adjourned Regular Agenda
February 28, 2022

Page 7 ends

Recommendation:

1. Award construction for the CDBG Howard Ave and Bloomfield Street Improvement FY 2021-2022 Project (CIP No. 21/22-04) to Hardy and Harper, Inc. in the amount of $205,000; and,

2. Authorize the Mayor to execute the contract with Hardy and Harper, Inc. for the project; and,

3. Authorize the City Engineer to add work and execute change orders in the amount not to exceed the contingency reserve of 10% or $20,500.

J. Approval of Plans and Specifications and Authorization to Bid for Fabrication and Installation of Storm Water Protection Connector Pipe Screen (CPS) Units Project (CIP No. 21/22-05) (Development Services) This report seeks approval to facilitate the solicitation of bids to begin fabrication and installation of storm water protection Connector Pipe Screen (CPS) units in the City's 118 catch basins.

Recommendation:

1. Approve the plans and specification for the fabrication and installation of catch basin Connector Pipe Screen (CPS) units project (CIP No. 21/22-05) Citywide; and,

2. Authorize Staff to advertise and solicit bid proposals.

11. DISCUSSION ITEM
A. Southern California Association of Governments (SCAG) 2022 Regional Conference and General Assembly (City Clerk)
The Southern California Association of Governments (SCAG) Regional Conference and General Assembly will be held at the JW Marriott Desert Springs Resort and Spa in Palm Desert, CA on Thursday, May 5, 2022.

Each year, SCAG’s member cities select a Delegate and/or Alternate to represent their City and participate at the conference.

Recommendation:

1. Appoint a representative to attend and serve as the City’s Voting Delegate for the Southern California Association of Governments (SCAG) General Assembly; and,

2. Appoint a Council Member to attend and serve as the City’s Alternate Voting Delegate in the event of the Voting Delegate’s absence.

City Council Adjourned Regular Agenda
February 28, 2022

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ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda
B. Appointment for Los Alamitos Community Foundation (Recreation) This report provides relevant information by which the City Council may appoint two members from the City Council to the Los Alamitos Community Foundation.

Recommendations: Appoint two members of the City Council to sit on the Board of the Los Alamitos Community Foundation.

ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda
C. Update to the Los Alamitos Urban Forest Program
(Development Services)
City Council adopted the Parkway Tree Program in the late 1990s. The proposed Urban Forest Program is a three-tiered approach that will provided guidance to staff on planting and maintaining trees, provide the community a Tree Dedication Memorial Program, and make the City eligible for Tree City USA status. Staff will bring to Council a finalized program for approval after receiving feedback.

Recommendation:

1. Discuss the Urban Forest Program; and,

2. Provide feedback to Staff on recommendation on the updated Los Alamitos Tree Policy; and,

3. Provide feedback to Staff on recommendation on the Los Alamitos Tree Dedication Memorial Program; and,

4. Direct Staff to proceed with developing a plan to be eligible for Tree City USA recognition.

ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
City Council Adjourned Regular Agenda
February 28, 2022

Page 9 ends

Council Member Bates
Council Member Chirco
Council Member Nefulda
D. Additional Waste Hauler Service Options & Transition Update (Development Services)
Staff and the City’s Waste Hauler have identified additional service options that will offer residents and business owners greater choices in the type of carts and bins that are available to them. The following staff report summarizes these new options and established the rate for 96-gallon cart and 2 yard bins should a resident or business request them.

Recommendation:

1. Discuss the proposed rate establishment; and,

2. Authorize the City Manager to accept the rate establishment and execute any needed documents to enact the rates.

ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda

12. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Authority: Government Code Section 54957

13. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the Los Alamitos City Hall, 3191 Katella Ave. and online at www.cityoflosalamitos.org not less than 72 hours prior to the meeting.

Windmera Quintanar, MMC, City Clerk
Dated: February 23, 2022
Item No. 8

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 28, 2022 ITEM NUMBER: 9A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, MMC, City Clerk
Subject: Public Hearing #3 to Receive Input on the Draft Revised City Council District Boundaries

SUMMARY
Pursuant to Election Code section 21601, cities with by-district election systems are required to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts. The process to complete the redistricting requires a minimum of four public hearings and dedicated public outreach to ensure minority populations and communities of interest are aware of the redistricting effort and are provided with options to participate. The deadline for cities to complete the redistricting process is April 17, 2022.

RECOMMENDATION

1. Open the public hearing to receive public input on district boundaries; and,

2. Review draft maps to redraw district boundaries and provide input to Staff.

BACKGROUND
On May 11, 2018, the City Council adopted Resolution No. 2018-08 declaring its intent to initiate proceedings to transition the City from at-large to district-based Council Member elections pursuant to Elections Code Section 10010 and Government Code Section 34886. The City Council subsequently held five public hearings to solicit feedback and review City Council district maps submitted by the public. On July 16, 2018, the City Council introduced and on July 30, 2018, adopted Ordinance 2018-05, with the Green for the newly created City Council District boundaries.

Following the early resignation of a Council Member, Ordinance No. 2020-02 was adopted to amend the Districting Ordinance to provide for the election of three Councilmembers by district in 2020, with two Councilmembers elected by district in 2022.

Redistricting Public Hearing #3
February 28, 2022

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After the transition to the district-based election system, the city was geographically divided into five separate districts, each represented by one Council Member who was chosen by the electors residing in that particular district.

On May 17, 2021, the City Council approved an agreement with National Demographics Corporation, Inc. for Professional Demographer Services to assist in facilitating City Council District Map revisions.

The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. The deadline for cities with November elections to adopt the final District Map is April 17, 2022 (205 days before the election). If this deadline is passed, the County Superior Court will adopt the district boundaries for the city.

Under the Act, the Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21601(c) for general law cities / 21621(c) for charter cities):
• Comply with the federal requirements of equal population and the Voting Rights Act
• Geographically contiguous
• Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)
• Easily identifiable boundaries
• Compact (do not bypass one group of people to get to a more distant group of people)
• Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as:
• Minimize the number of voters delayed from voting in 2022 to 2024 • Respect voters’ choices / continuity in office
• Future population growth
The City must ensure compliance with the following state and federally-mandated criteria:
• Each district shall contain a nearly equal population. • Each district shall be drawn in a manner that complies with the Federal Voting Rights Act.
• Each district shall not be drawn with race as the predominate factor in violation of the principles established by the U.S. Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny.

Redistricting Public Hearing #3
February 28, 2022

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After meeting those requirements, the idea of districts is to achieve goals including respect for communities of interest. A community of interest is a neighborhood or group that would benefit from being in the same district because of shared interests, views, or characteristics. Possible community features include, but are not limited to:

A. School attendance areas;
B. Natural dividing lines such as major roads, hills, or highways; C. Areas around parks and other neighborhood landmarks; D. Common issues, neighborhood activities, or legislative/election concerns; and E. Shared demographic characteristics, such as:
a. Similar levels of income, education, or linguistic insolation b. Languages spoken at home
c. Single-family and multi-family housing unit areas
Public Hearings
By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
• At least one hearing must occur before the city or county draws draft maps • At least two hearings must happen after the drawing of draft maps • The fourth hearing can happen either before or after the drawing of draft maps • City or county staff or consultants may hold a public workshop instead of one of the required public redistricting hearings
To increase the accessibility of these hearings, cities and counties must take the following steps:
• At least one hearing must occur on a Saturday, Sunday, or after 6 p.m. on a weekday
• If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing portion must begin at a pre-designated time • Local public redistricting hearings should be made accessible to people with disabilities
On January 18, 2022, and February 7, 2022, the City Council held the first and second of its four required public hearings in the redistricting process, taking input from the public and providing feedback to NDC. This is the third of the four public hearings required by the FAIR MAPS Act.

The fourth public hearing is scheduled for a Special City Council meeting of March 7, 2022 at 6:00 p.m., at which time the City Council is expected to identify and introduce an ordinance to adopt its preferred map. That ordinance would then be adopted at the City Council’s Regular meeting to be held on March 21, 2022.

Redistricting Public Hearing #3
February 28, 2022

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Community Outreach
The City has engaged in outreach efforts to inform the public about the process to redraw the district elections lines. The Public Hearing Notice for the hearings was published in English, Spanish, Korean, and Vietnamese in the News Enterprise. The notices were posted on the City’s website, on the posting board at City Hall, and posted to the City’s social media outlets including Facebook, Twitter, and Nextdoor.com.

The City’s website, https://ca-losalamitos.civicplus.com/445/2022-Redistricting, contains all notices, flyers, Staff reports, presentations, and meeting recordings. Before each public hearing an additional notice is published to the City’s Social Media sites. The information has also been included in the City’s Weekly newsletter.

DISCUSSION
The purpose of this third public hearing is to review and discuss draft maps of proposed districts that have been submitted by members of the community and by the City’s consultant National Demographics Corporation (NDC). This hearing transitions from the earlier hearings’ purpose of informing the public about the districting process and hearing from the community on what factors should be taken into consideration while creating district boundaries, to a new focus on the specific boundary lines of the draft maps.

Draft Maps
Maps must be population-balanced to be considered for potential adoption. Resident submitted maps and draft maps were posted on the City’s website on February 21, 2022.

Notice advising draft maps were available was posted on the City’s Facebook and Nextdoor.com page and sent to the local papers.

The public submitted one map. NDC has created three district sequencing scenarios for review by the City Council and the public. A representative from NDC will lead a review of the draft maps and answer questions. Part of this process will include looking at different scenarios and various ways to divide the districts.

Based on comments received at or in advance of the third Public Hearing, NDC will refine the proposed maps for final consideration during the fourth Public Hearing on March 7, 2022.

Received Comments
At the January 18, 2022 Public Hearing, Council raised concerns regarding the ability to account for future population growth. A list of known planned and approved developments has been provided to NDC for consideration.

At the same Hearing, concerns were stated regarding the amount of available singlehousing units in District 1.

No comments were received at Public Hearing #2.

Redistricting Public Hearing #3
February 28, 2022

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Next Steps
Tonight the City Council will conduct Public Hearing #3 to seek public input and provide direction on the redrawn draft district maps. Topics for discussion can include:
• How well do the draft maps comply with the Fair Maps Act? • What do you like about (parts of) each map? What works in each option? • Council may eliminate maps, request additional maps or tests, and provide additional direction to the demographer
Following tonight’s Public Hearing, the initial draft maps and any possible new or revised maps will be discussed at the Public Hearing #4 on March 7, 2022.

On March 7, 2022, Public Hearing #4, the City Council will be requested to select a preferred map. Direction regarding the final map should not be given prior to opening Public Hearing #4. An Ordinance to adopt the preferred district will be introduced.

Adoption of the Ordinance is scheduled to occur on March 21, 2022, and the City Clerk and demographer will then work with the County Elections Division to have the district maps integrated into the countywide voting system. This adoption meets the April 17, 2022 deadline and the new district boundaries will be effective for the November 8, 2022 General Municipal Election.

FISCAL IMPACT
Sufficient funds have been budgeted in the Election Expense Account, 10.511.5233.

Submitted by: Windmera Quintanar, MMC, City Clerk
Approved by: Chet Simmons, City Manager
Attachment: 1. Current District Map

2. Proposed Draft Maps

3. Neighborhood Maps

4. Public Hearing Notice
3 1
4 2
5 Arbor Park
Little
Cottonwood
Park
Joint Forces Training Base
Laurel Park
South
Highlands
Park
Carbon Crk
Bolsa Ch Fld Cn Chnnl
McAuliffeMiddleSchool
Los AlamitosElementary
Los AlamitosUnified
Los AlamitosHigh School
Oak MiddleSchool
605
Los Alamitos
Chnnl
Coyote Crk
Shiloh Way
Doolittle Ave
Los Alamitos Blvd
Pso Bonita
Saratoga Ave
Constitution
Ave
Howard Ave
Green Ave
Katella Ave
Orangewood Ave
Valley Forge Ave
Reagan St
Cherry St
Pine St
Bunker Hill Dr
Kearsarge Ave
Tripoli Ave
Humbolt St
Ball Rd
Cerritos Ave
Ticonderoga Dr
Saratoga Dr
Langley Dr
Midway D
E
r
ssex Dr
Thor Ave
Serpentine Dr
Sausalito St
Farquhar Ave
Liberty Ave
Bloomfield Ave
Chestnut St
Fenley Dr
Lexington Dr
Kyle St
Toland Cir
Yorktown Ave
Winners Cir Antietam Ave
Orangewood Ave
Toland Ave
Catalina St
Cll Lee
Barbi Ln
Kaylor St Linda Way
Via el Mercado
Olympic Dr
Forrestal Ct
Florista St
Harrisburg Rd
la Colmena Way
Iwo Jima Ct
Vis de Ora
Oak St
Myra Ave
Rossmoor Way
Satellite Dr
Marna Ave
San Joaquin Ave
Lunar Dr
Kings St
Kinmount St
Los Alamitos Blvd
Maple St
Noel St
Minuteman
Cir
Lilly Ave
Interior Cir
Rainier Cir
Ranger Dr
Tarawa Dr
Hedwig Rd
Santa Clara St
Larwin Ave
National Demographics Corporation, July 11, 2018
City of Los Alamitos2020 Districting
Council-SelectedGreen Mapas amended on 2/18/2020
ElectionSequence:2020: 1, 2, and 32022:
4 and 5
Map layers
Green
Census Block
Landmark Area
Water Area
River
Streets
Landmark Point
©2016 CALIPER
Attachment 1
District 1 2345 Total
Ideal Total Pop 2,298 2,295 2,379 2,205 2,232 11,409
Deviation from ideal 16 13 97 -77 -50 174
% Deviation 0.70% 0.57% 4.25% -3.37% -2.19% 7.62%
% Hisp 31% 14% 24% 19% 17% 21%
% NH White 47% 62% 55% 63% 66% 59%
% NH Black 4% 3% 4% 2% 2% 3%
% Asian-American 14% 19% 15% 13% 11% 14%
Total 1,620 2,044 1,500 1,565 1,635 8,364
% Hisp 28% 9% 19% 27% 15% 19%
% NH White 41% 62% 60% 58% 73% 59%
% NH Black 12% 6% 6% 1% 4% 6%
% Asian/Pac.Isl. 13% 19% 14% 9% 8% 13%
Total 1,087 1,281 1,279 1,269 1,403 6,319
% Latino est. 25% 14% 21% 16% 12% 17%
% Spanish-Surnamed 22% 13% 19% 14% 11% 15%
% Asian-Surnamed 6% 9% 6% 5% 5% 6%
% Filipino-Surnamed 2% 1% 2% 2% 1% 2%
% NH White est. 53% 67% 65% 70% 78% 67%
% NH Black 12% 6% 6% 1% 4% 6%
Total 824 1,046 1,015 1,037 1,192 5,114
% Latino est. 25% 13% 22% 15% 11% 17%
% Spanish-Surnamed 23% 12% 19% 14% 10% 15%
% Asian-Surnamed 5% 9% 4% 6% 5% 6%
% Filipino-Surnamed 2% 1% 2% 2% 1% 2%
% NH White est. 53% 68% 65% 71% 79% 68%
% NH Black 12% 6% 6% 1% 4% 5%
Total 374 544 523 553 660 2,655
% Latino est. 21% 8% 12% 12% 9% 12%
% Spanish-Surnamed 19% 7% 11% 11% 8% 10%
% Asian-Surnamed 4% 10% 5% 5% 4% 5%
% Filipino-Surnamed 2% 0% 1% 2% 1% 1%
% NH White est. 71% 81% 79% 76% 86% 79%
% NH Black est. 3% 1% 2% 0% 0% 1%
ACS Pop. Est. Total 2,429 2,412 2,444 2,200 2,222 11,706 age0-19 24% 27% 31% 29% 29% 28%
age20-60 53% 54% 52% 49% 48% 51%
age60plus 23% 20% 17% 22% 22% 21%
immigrants 16% 18% 15% 12% 11% 15%
naturalized 74% 64% 56% 61% 61% 64%
english 77% 74% 76% 82% 83% 78%
spanish 9% 11% 12% 8% 8% 10%
asian-lang 11% 12% 9% 7% 7% 9%
other lang 3% 3% 3% 2% 2% 3%
Language Fluency Speaks Eng. "Less
than Very Well" 9% 10% 8% 6% 5% 8%
hs-grad 45% 50% 53% 51% 51% 50%
bachelor 27% 26% 24% 24% 24% 25%
graduatedegree 16% 14% 14% 18% 19% 16%
Child in Household child-under18 28% 33% 40% 35% 34% 34% Pct of Pop. Age 16+ employed 57% 61% 63% 56% 56% 59%
income 0-25k 13% 13% 14% 12% 12% 13%
income 25-50k 18% 17% 16% 13% 12% 15%
income 50-75k 15% 18% 22% 19% 19% 19%
income 75-200k 43% 44% 42% 46% 47% 44%
income 200k-plus 12% 7% 5% 10% 11% 9%
single family 67% 53% 35% 65% 70% 58%
multi-family 33% 47% 65% 35% 30% 42%
rented 50% 60% 73% 47% 42% 55%
owned 50% 40% 27% 53% 58% 45%
Total population data from the 2010 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Housing Stats
Household Income
Education (among those
age 25+)
Total Pop
Los Alamitos - Green
Language spoken at home
2,282
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2016)
Voter Turnout (Nov
2016)
Voter Turnout (Nov
2014)
3 1
4 2
5 Little Cottonwood Park
Arbor Park
Laurel Park
South Highlands Park
605
605
Tripoli Ave
Shiloh Way
Doolittle Ave
Los Alamitos B vl d
Pso Bonita
Saratoga Ave
Constitution Ave
Howard Ave
Green Ave
Katella Ave Katella Ave
Noel St
Orangewood Ave
Valley Forge Ave
Cherry St
Reagan St
P ni e St
Bunker Hill Dr
Kearsarge Ave
Humbolt St
Portal Dr
Ball Rd
Cerritos Ave
Los Vaqueros Cir
Ticonderoga D
S
r
aratoga Dr
Langley Dr
Midway D
E
r
ssex Dr
Enterprise Dr
Thor Ave
Serpentine Dr
Seal Beach Blvd
Sausalito St
Farquhar Ave
Liberty Ave
Bloomfield Ave
Toland Ave
Wasp Ct
Chestnut St
Walnut St
Los Alamitos Blvd
Fenley Dr
Lex ni gton Dr
Rochelle St
Lampson Ave
Kyle St
Antietam Ave
Yorktown Ave
Winners Cir
Orangewood Ave
Catalina St Oak St
Cll Lee
Barbi Ln
Kay ol r St L ni da Way
Via el Mercado
Myra Ave
Olympic Dr
Forrestal Ct
Florista St
Harrisburg Rd
la Colmena Way
Lake Champlain Ct
Vis de Ora
el Dorado Way
del Norte Way
Farnham Ave
Bradbury Rd
Rossmoor Way
Satellite Dr
Kings St
Lassen St
Maple St
Bloomfield Ave
America Dr
Minuteman Cir
Apollo Cir
Interior Cir Carlsbad Cir
Wallingsford Rd
Ranger Dr
Tarawa Dr
Bryant Ct
Marion Ave
Santa Elise St
Colgate Dr
Santa Clara St
Larwin Ave
City of Los AlamitosRedistricting 2022
NDC Map 1
Map layers
NDC Map 1
Streets
Landmark Area
Water Area
Current Districts ©2021 CALIPER
Attachment 2
NDC Map 1
District 1
Total Pop 2,325
Deviation from ideal -34
% Deviation -1.44%
% Hisp 30.7%
% NH White 38%
% NH Black 5%
% Asian-American 22%
Total 1,604
% Hisp 33%
% NH White 41%
% NH Black 12%
% Asian/Pac.Isl. 12%
Total 1,328
% Latino est. 27%
% Spanish-Surnamed 26%
% Asian-Surnamed 8%
% Filipino-Surnamed 2%
% NH White est. 51%
% NH Black 12%
Total 1,107
% Latino est. 25%
% Spanish-Surnamed 23%
% Asian-Surnamed 9%
% Filipino-Surnamed 2%
% NH White est. 52%
% NH Black 12%
Total 719
% Latino est. 23%
% Spanish-Surnamed 23%
% Asian-Surnamed 6%
% Filipino-Surnamed 2%
% NH White est. 54%
% NH Black est. 13%
ACS Pop. Est. Total 2,251
age0-19 24%
age20-60 54%
age60plus 22%
immigrants 18%
naturalized 76%
english 71%
spanish 18%
asian-lang 10%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 40%
bachelor 32%
graduatedegree 11%
Child in Household child-under18 38%
Pct of Pop. Age 16+ employed 66%
income 0-25k 11%
income 25-50k 24%
income 50-75k 16%
income 75-200k 41%
income 200k-plus 8%
single family 61%
multi-family 39%
rented 63%
owned 37%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

5.60%
28%
48%
3%
17%
1,788
31%
54%
3%
10%
1,577
20%
19%
5%
2%
71%
3%
1,361
19%
18%
5%
2%
73%
3%
924
16%
15%
5%
2%
75%
3%
2,440
24%
54%
21%
13%
68%
79%
12%
5%
4%
4%
38%
29%
12%
39%
65%
12%
20%
14%
40%
14%
65%
35%
53%
47%
5 2,386
27 1.14%
19%
59%
2%
15%
1,791
13%
77%
3%
6%
1,753
12%
12%
7%
1%
77%
3%
1,581
12%
11%
7%
1%
78%
3%
1,219
9%
9%
6%
1%
81%
3%
2,408
23%
50%
27%
9%
74%
93%
2%
5%
1%
3%
42%
34%
16%
40%
59%
5%
10%
10%
45%
30%
91%
9%
19%
81%
Total
11,794
198

8.39%
26%
46%
4%
20%
8,356
22%
55%
7%
15%
7,212
19%
18%
8%
2%
65%
7%
6,210
18%
17%
8%
2%
67%
7%
4,433
15%
14%
6%
1%
70%
6%
11,484
24%
54%
22%
16%
69%
77%
10%
10%
3%
5%
37%
31%
15%
37%
64%
11%
17%
14%
43%
15%
60%
40%
57%
43%
02/20/2022 23:56 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
3 5
1 2
4 Little Cottonwood Park
Arbor Park
Laurel Park
South Highlands Park
605
605
Tripoli Ave
Shiloh Way
Doolittle Ave
Los Alamitos B vl d
Pso Bonita
Saratoga Ave
Constitution Ave
Howard Ave
Green Ave
Katella Ave Katella Ave
Noel St
Orangewood Ave
Cherry St
Reagan St
P ni e St
Tarawa Dr
Bunker Hill Dr
Ranger Dr
Kearsarge Ave
Humbolt St
Portal Dr
Ball Rd
Cerritos Ave
Los Vaqueros Cir
Ticonderoga D
S
r
aratoga Dr
Langley Dr
M di way D
E
r
ssex Dr
Enterprise Dr
Thor Ave
Serpentine Dr
Seal Beach Blvd
Sausalito St
Farquhar Ave
Liberty Ave
Bloomfield Ave
Toland Ave
Wasp Ct
Chestnut St
Walnut St
Los Alamitos Blvd
Fenley Dr
Lexington Dr
Lampson Ave
Kyle St
Antietam Ave
Yorktown Ave
Winners Cir
Orangewood Ave
Catalina St Oak St
Cll Lee
Barbi Ln
Kay ol r St
Via el Mercado
Myra Ave
Olympic Dr
Forrestal Ct
Florista St
Harrisburg Rd
la Colmena Way
Lake Champlain Ct
Vis de Ora
el Dorado Way
del Norte Way
Farnham Ave
Bradbury Rd
Rossmoor Way
Satellite Dr
Kings St
Lassen St
Map el St
Bloomfield Ave
America Dr
Minuteman Cir
Apollo Cir
Interior Cir Carlsbad Cir
Wallingsford Rd
Bryant Ct
Marion Ave
Santa Elise St
Santa Clara St
Larwin Ave
City of Los AlamitosRedistricting 2022
NDC Map 2
Map layers
NDC Map 2
Streets
Landmark Area
Water Area
Current Districts ©2021 CALIPER
NDC Map 2
District 1
Total Pop 2,375
Deviation from ideal 16
% Deviation 0.68%
% Hisp 29.9%
% NH White 39%
% NH Black 5%
% Asian-American 22%
Total 1,716
% Hisp 33%
% NH White 40%
% NH Black 10%
% Asian/Pac.Isl. 15%
Total 1,371
% Latino est. 26%
% Spanish-Surnamed 25%
% Asian-Surnamed 8%
% Filipino-Surnamed 3%
% NH White est. 53%
% NH Black 11%
Total 1,150
% Latino est. 24%
% Spanish-Surnamed 23%
% Asian-Surnamed 8%
% Filipino-Surnamed 2%
% NH White est. 54%
% NH Black 11%
Total 746
% Latino est. 23%
% Spanish-Surnamed 22%
% Asian-Surnamed 6%
% Filipino-Surnamed 2%
% NH White est. 56%
% NH Black est. 11%
ACS Pop. Est. Total 2,363
age0-19 23%
age20-60 55%
age60plus 22%
immigrants 18%
naturalized 75%
english 70%
spanish 17%
asian-lang 12%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 41%
bachelor 31%
graduatedegree 12%
Child in Household child-under18 40%
Pct of Pop. Age 16+ employed 65%
income 0-25k 11%
income 25-50k 23%
income 50-75k 16%
income 75-200k 41%
income 200k-plus 8%
single family 60%
multi-family 40%
rented 65%
owned 35%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 2,377
18 0.76%
24%
44%
4%
25%
1,656
18%
50%
7%
23%
1,484
16%
14%
11%
2%
66%
6%
1,302
15%
14%
11%
2%
67%
6%
959
12%
11%
9%
1%
73%
6%
2,306
24%
56%
20%
19%
69%
74%
10%
12%
3%
6%
30%
37%
15%
38%
68%
11%
16%
15%
39%
19%
57%
43%
61%
39%
3 2,324
-35
-1.48%
29%
40%
5%
21%
1,590
22%
47%
11%
19%
1,105
26%
24%
9%
1%
53%
12%
889
26%
24%
7%
2%
54%
12%
592
26%
24%
5%
1%
56%
12%
2,301
27%
56%
17%
19%
63%
70%
11%
17%
2%
8%
35%
27%
18%
37%
66%
15%
19%
17%
45%
5%
22%
78%
91%
9%
4 2,395
36 1.53%
25%
51%
2%
18%
1,747
25%
60%
2%
10%
1,589
17%
16%
6%
1%
74%
2%
1,382
16%
15%
6%
1%
75%
2%
955
13%
13%
5%
2%
77%
2%
2,276
22%
54%
24%
12%
70%
81%
9%
5%
5%
3%
38%
29%
15%
31%
64%
11%
16%
13%
44%
16%
74%
26%
44%
56%
5 2,323
-36
-1.53%
21%
58%
2%
15%
1,647
14%
76%
5%
6%
1,663
13%
12%
6%
1%
75%
5%
1,487
12%
11%
7%
1%
76%
4%
1,181
9%
9%
5%
1%
79%
5%
2,238
25%
47%
28%
10%
72%
92%
3%
5%
1%
4%
43%
33%
17%
39%
57%
7%
12%
11%
44%
26%
84%
16%
23%
77%
Total
11,794
72 3.05%
26%
46%
4%
20%
8,356
22%
55%
7%
15%
7,212
19%
18%
8%
2%
65%
7%
6,210
18%
17%
8%
2%
67%
7%
4,433
15%
14%
6%
1%
70%
6%
11,484
24%
54%
22%
16%
69%
77%
10%
10%
3%
5%
37%
31%
15%
37%
64%
11%
17%
14%
43%
15%
60%
40%
57%
43%
02/21/2022 0:07 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
3 1
4 2
5 Little Cottonwood Park
Arbor Park
Laurel Park
South Highlands Park
605
605
Tripoli Ave
Shiloh Way
Doolittle Ave
Los Alamitos B vl d
Pso Bonita
Saratoga Ave
Constitution Ave
Howard Ave
Green Ave
Katella Ave Katella Ave
Noel St
Orangewood Ave
Valley Forge Ave
Cherry St
Reagan St
P ni e St
Bunker Hill Dr
Kearsarge Ave
Humbolt St
Portal Dr
Ball Rd
Cerritos Ave
Los Vaqueros Cir
Ticonderoga D
S
r
aratoga Dr
Langley Dr
M di way D
E
r
ssex Dr
Enterprise Dr
Thor Ave
Serpentine Dr
Seal Beach Blvd
Sausalito St
Farquhar Ave
Liberty Ave
Bloomfield Ave
Toland Ave
Wasp Ct
Chestnut St
Walnut St
Los Alamitos Blvd
Fenley Dr
Lexington Dr
Rochelle St
Lampson Ave
Kyle St
Antietam Ave
Yorktown Ave
Winners Cir
Orangewood Ave
Catalina St Oak St
Cll Lee
Barbi Ln
Kay ol r St L ni da Way
Via el Mercado
Myra Ave
Olympic Dr
Forrestal Ct
Florista St
Harrisburg Rd
la Colmena Way
Lake Champlain Ct
Vis de Ora
el Dorado Way
del Norte Way
Farnham Ave
Bradbury Rd
Rossmoor Way
Satellite Dr
Kings St
Lassen St
Map el St
Bloomfield Ave
America Dr
Minuteman Cir
Apollo Cir
Interior Cir Carlsbad Cir
Wallingsford Rd
Ranger Dr
Tarawa Dr
Bryant Ct
Marion Ave
Santa Elise St
Santa Clara St
Larwin Ave
City of Los AlamitosRedistricting 2022
NDC Map 3
Map layers
NDC Map 3
Streets
Landmark Area
Water Area
Current Districts ©2021 CALIPER
NDC Map 3
District 1
Total Pop 2,325
Deviation from ideal -34
% Deviation -1.44%
% Hisp 30.7%
% NH White 38%
% NH Black 5%
% Asian-American 22%
Total 1,604
% Hisp 33%
% NH White 41%
% NH Black 12%
% Asian/Pac.Isl. 12%
Total 1,328
% Latino est. 27%
% Spanish-Surnamed 26%
% Asian-Surnamed 8%
% Filipino-Surnamed 2%
% NH White est. 51%
% NH Black 12%
Total 1,107
% Latino est. 25%
% Spanish-Surnamed 23%
% Asian-Surnamed 9%
% Filipino-Surnamed 2%
% NH White est. 52%
% NH Black 12%
Total 719
% Latino est. 23%
% Spanish-Surnamed 23%
% Asian-Surnamed 6%
% Filipino-Surnamed 2%
% NH White est. 54%
% NH Black est. 13%
ACS Pop. Est. Total 2,251
age0-19 24%
age20-60 54%
age60plus 22%
immigrants 18%
naturalized 76%
english 71%
spanish 18%
asian-lang 10%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 40%
bachelor 32%
graduatedegree 11%
Child in Household child-under18 38%
Pct of Pop. Age 16+ employed 66%
income 0-25k 11%
income 25-50k 24%
income 50-75k 16%
income 75-200k 41%
income 200k-plus 8%
single family 61%
multi-family 39%
rented 63%
owned 37%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

5.55%
29%
47%
3%
16%
1,778
31%
53%
3%
10%
1,590
20%
19%
5%
1%
71%
3%
1,373
18%
17%
5%
1%
73%
3%
924
16%
15%
5%
2%
75%
3%
2,438
24%
54%
21%
13%
68%
79%
12%
5%
4%
4%
38%
29%
12%
39%
65%
12%
20%
14%
40%
14%
65%
35%
53%
47%
5 2,390
31 1.31%
19%
60%
1%
16%
1,811
12%
78%
4%
6%
1,754
12%
11%
7%
1%
77%
3%
1,587
12%
11%
7%
1%
77%
3%
1,218
9%
8%
5%
1%
81%
3%
2,397
23%
49%
27%
9%
74%
92%
1%
5%
1%
3%
41%
34%
17%
37%
59%
6%
10%
10%
46%
29%
91%
9%
20%
80%
Total
11,794
224

9.50%
26%
46%
4%
20%
8,356
22%
55%
7%
15%
7,212
19%
18%
8%
2%
65%
7%
6,210
18%
17%
8%
2%
67%
7%
4,433
15%
14%
6%
1%
70%
6%
11,484
24%
54%
22%
16%
69%
77%
10%
10%
3%
5%
37%
31%
15%
37%
64%
11%
17%
14%
43%
15%
60%
40%
57%
43%
02/21/2022 0:39 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
3 5
1 2
4 Little Cottonwood Park
Arbor Park
Laurel Park
South Highlands Park
605
605
Tripoli Ave
Shiloh Way
Doolittle Ave
Los Alamitos B vl d
Pso Bonita
Saratoga Ave
Constitution Ave
Howard Ave
Green Ave
Katella Ave Katella Ave
Noel St
Orangewood Ave
Valley Forge Ave
Cherry St
Reagan St
P ni e St
Tarawa Dr
Bunker Hill Dr
Ranger Dr
Kearsarge Ave
Humbolt St
Portal Dr
Ball Rd
Cerritos Ave
Los Vaqueros Cir
Ticonderoga D
S
r
aratoga Dr
Langley Dr
M di way D
E
r
ssex Dr
Enterprise Dr
Thor Ave
Serpentine Dr
Seal Beach Blvd
Sausalito St
Farquhar Ave
Liberty Ave
Bloomfield Ave
Toland Ave
Wasp Ct
Chestnut St
Walnut St
Los Alamitos Blvd
Fenley Dr
Lexington Dr
Rochelle St
Lampson Ave
Kyle St
Antietam Ave
Yorktown Ave
Winners Cir
Orangewood Ave
Catalina St Oak St
Cll Lee
Barbi Ln
Kay ol r St L ni da Way
Via el Mercado
Myra Ave
Olympic Dr
Forrestal Ct
Florista St
Harrisburg Rd
la Colmena Way
Lake Champlain Ct
Vis de Ora
el Dorado Way
del Norte Way
Farnham Ave
Bradbury Rd
Rossmoor Way
Satellite Dr
Kings St
Lassen St
Maple St
Bloomfield Ave
America Dr
Minuteman Cir
Apollo Cir
Interior Cir Carlsbad Cir
Wallingsford Rd
Bryant Ct
Marion Ave
Santa Elise St
Santa Clara St
Larwin Ave
City of Los AlamitosRedistricting 2022
Public Map 1
Map layers
Public Map 1
Streets
Landmark Area
Water Area
Current Districts ©2021 CALIPER
Public Map 1
District 1
Total Pop 2,375
Deviation from ideal 16
% Deviation 0.68%
% Hisp 29.9%
% NH White 39%
% NH Black 5%
% Asian-American 22%
Total 1,716
% Hisp 33%
% NH White 40%
% NH Black 10%
% Asian/Pac.Isl. 15%
Total 1,371
% Latino est. 26%
% Spanish-Surnamed 25%
% Asian-Surnamed 8%
% Filipino-Surnamed 3%
% NH White est. 53%
% NH Black 11%
Total 1,150
% Latino est. 24%
% Spanish-Surnamed 23%
% Asian-Surnamed 8%
% Filipino-Surnamed 2%
% NH White est. 54%
% NH Black 11%
Total 746
% Latino est. 23%
% Spanish-Surnamed 22%
% Asian-Surnamed 6%
% Filipino-Surnamed 2%
% NH White est. 56%
% NH Black est. 11%
ACS Pop. Est. Total 2,363
age0-19 23%
age20-60 55%
age60plus 22%
immigrants 18%
naturalized 75%
english 70%
spanish 17%
asian-lang 12%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 41%
bachelor 31%
graduatedegree 12%
Child in Household child-under18 40%
Pct of Pop. Age 16+ employed 65%
income 0-25k 11%
income 25-50k 23%
income 50-75k 16%
income 75-200k 41%
income 200k-plus 8%
single family 60%
multi-family 40%
rented 65%
owned 35%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

4.28%
26%
46%
4%
20%
8,356
22%
55%
7%
15%
7,212
19%
18%
8%
2%
65%
7%
6,210
18%
17%
8%
2%
67%
7%
4,433
15%
14%
6%
1%
70%
6%
11,484
24%
54%
22%
16%
69%
77%
10%
10%
3%
5%
37%
31%
15%
37%
64%
11%
17%
14%
43%
15%
60%
40%
57%
43%
02/20/2022 23:49 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
~il\18\ni~~s
City of Los Alamitos ORANGE COUNTY. CALIFORNIA
ilQllill
Cit y Bou nd ary
1 Coun try Square
2 Coll ege Pork North
3 Greenbrook
4 Woodcrest
5 Old Town West
6 Old Town East
7 Old Dutch Hoven
8 Sub urbia
9 Highlands
1 Q Porkewood
11 Apa rtm ent Row
12 Carrier Row
13 New Dutch Haven
14 Royal Oak Pork t ot es East 15 El Dorado Pork Es
16 Bungalows
CERR•TOS AVE

NOT TO SCALE
General Plan
FIGURE 1-4
Attachment 3

NOTICE OF PUBLIC HEARING

CITY OF LOS ALAMITOS
Council Chamber
3191 Katella Ave.

Los Alamitos, CA 90720
NOTICE IS HEREBY GIVEN, that pursuant to California Elections Code Section 21607.1, the City Council of the City of Los Alamitos will hold public hearings at the above location and address to receive input regarding potential redistricting of Council Member districts.

Public Hearing #2
DATE: February 7, 2022
TIME: 5:30 p.m.

Pursuant to California Elections Code Section 21607.1, the City Council of the City of Los Alamitos will hold public hearings at the above address and location to review draft maps, take public input, and consider potential adoption of revised Council Member district boundaries.

Public Hearing #3
DATE: February 28, 2022
TIME: 6:30 p.m.

Public Hearing #4
DATE: March 7, 2022
TIME: 6:00 p.m.

The public is invited to attend and/or submit information regarding their Communities of Interest and proposed division boundaries for the 2022 redistricting process.

For more information visit the City’s website at www.cityoflosalamitos.org or you are invited to contact Windmera Quintanar, MMC, City Clerk, at (562) 431-3538, ext. 220 or by email at [email protected]. Written and oral testimony is invited.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (562) 431- 3538, Ext. 220. Notification by noon on the date of the public hearing will enable the City to make arrangements to assure accessibility to this meeting.

Attachment 4
AVISO DE AUDIENCIA PÚBLICA

CIUDAD DE LOS ALAMITOS
Council Chamber
3191 Katella Ave.

Los Alamitos, CA 90720
POR LA PRESENTE SE NOTIFICA, que de conformidad con la Sección 21607.1 del Código Electoral de California, el Concejo Municipal de la Ciudad de Los Alamitos celebrará audiencias públicas en la ubicación y dirección anteriores para recibir información sobre la posible redistritación de los distritos de los Miembros del Concejo.

Audiencia Pública #2
FECHA: 7 de febrero de 2022
HORA: 5:30 p.m.

De acuerdo con la Sección 21607.1 del Código electoral de California, el Concejo Municipal de la Ciudad de Los Alamitos llevará a cabo audiencias públicas en la ubicación y dirección anteriores para revisar los borradores de los mapas, recibir aportes del público y considerar la posible adopción de los límites revisados de los distritos de los Miembros del Concejo.

Audiencia Pública #3
FECHA: 28 de febrero de 2022
HORA: 6:30 p.m.

Audiencia Pública #4
FECHA: 7 de marzo de 2022
HORA: 6:00 p.m.

Se invita al público a asistir y/o enviar información sobre sus Comunidades de Interés y los límites de división propuestos para el proceso de redistritación de 2022.

Para obtener más información, visite el sitio web de la Ciudad en www.cityoflosalamitos.org o se le invita a comunicarse con Windmera Quintanar, MMC, Secretaria de la Ciudad, al (562) 431-3538, ext. 220 o por correo electrónico a [email protected]. Se invita el testimonio escrito y oral.

En cumplimiento con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, debería comunicarse con la oficina de la Secretaria de la Ciudad al (562) 431-3538, Ext. 220. La notificación antes del mediodía en la fecha de la audiencia pública permitirá a la Ciudad hacer arreglos para garantizar la accesibilidad a esta reunión.

공청회 통지서
LOS ALAMITOS 시
Council Chamber
3191 Katella Ave.

Los Alamitos, CA 90720
Los Alamitos 시의 시의회는 캘리포니아 선거법 제 21607.1 항에 의거하여 상기 장소에서 가능성이 있는 시의회 선거구 경계선 조정에 관한 대중의 의견을 받기 위해 공청회를
주최하는 것을 통지합니다.
제 2 차 공청회
날짜: 2022 년 2 월 7 일
시간: 오후 5:30
Los Alamitos 시의 시의회는 캘리포니아 선거법 제 21607.1 항에 의거하여 상기 장소에서 지도 초고, 대중의 의견, 가능성이 있는 수정된 시의회 선거구 경계선 채택을 고려하는
것에 관한 공청회를 주최하는 것을 통지합니다.
제 3 차 공청회
날짜: 2022 년 2 월 28 일
시간: 오후 6:30
제 4 차 공청회
날짜: 2022 년 3 월 7 일
시간: 오후 6:00
2022 년도 선거구 경계선 조정 과정을 위해 이익 단체 그리고 선거구 경계선 나누기에
관하여 대중이 참석하고 그리고/또는 정보를 제출하도록 초대합니다.
더 많은 정보는 시의 웹사이트인 www.cityoflosalamitos.org 를 방문하거나 시 서기 Windmera Quintanar, MMC 에게 전화 (562) 431-3538, 내선번호 220 로 연락하거나 이메일 [email protected] 로 연락하십시오. 서면 또는 구두 의견도 받습니다.
미국 장애인 법(ADA)를 준수하기 위하여 만약 귀하가 본 회의를 참석하기 위해 특별한
지원이 필요한 경우 시 서기에게 전화 (562) 431-3538, 내선번호 220 로 연락하십시오. 공청회 당일 오후 12 시까지 통지를 하시면, 본 회의에 참여하기 위한 지원을 받도록
준비할 수 있습니다.

THÔNG BÁO VỀ PHIÊN ĐIỀU TRẦN CÔNG CỘNG
THÀNH PHỐ LOS ALAMITOS
Phòng Hội Đồng
3191 Katella Ave.

Los Alamitos, CA 90720
THÔNG BÁO CHO BIẾT rằng, chiếu theo Bộ luật Bầu cử California Mục 21607.1, Hội đồng Thành phố của Thành phố Los Alamitos sẽ tổ chức một buổi điều trần công khai tại vị trí và địa điểm nêu trên để nhận ý kiến đóng góp về khả năng phân chia lại các quận Thành viên Hội đồng
Phiên Điều Trần Công Cộng #2
NGÀY: 7 Tháng Hai, 2022
GIỜ: 5 giờ 30 chiều.

Chiếu theo Mục EC 21607.1, của Bộ Luật Bầu Cử California, Hội Đồng Thành Phố của Thành phố Los Alamitos sẽ tổ chức một buổi điều trần công khai tại địa chỉ và vị trí nêu trên để duyệt các bản đồ dự thảo, nhận ý kiến của công chúng, và xét đến tiềm năng áp dụng các ranh giới quận đã được sửa đổi của Thành Viên Hội Đồng.

Phiên Điều Trần Công Cộng #3
NGÀY: 28 Tháng Hai, 2022
GIỜ: 6:45 chiều
Phiên Điều Trần Công Cộng #4
NGÀY: 7 Tháng Ba, 2022
GIỜ: 6:00 chiều
Công chúng được mời tham dự và/hoặc gửi thông tin về các Cộng Đồng Cùng Quan Tâm của họ, và các ranh giới phân chia được đề xuất cho quy trình phân chia lại năm 2022.

Để biết thêm thông tin xin đến trang web của Thành Phố tại www.cityoflosalamitos.org hoặc mời quý vị liên lạc với Windmera Quintanar, MMC, Thư Ký Thành Phố, tại số (562) 431-3538, số chuyển tiếp 220 hoặc qua email tại [email protected].

Đóng góp lời khai hoặc khai trên văn bản đều được mời.

Để tuân thủ theo Đạo Luật Người Mỹ Bị Khuyết Tật, nếu quý vị cần sự trợ giúp đặc biệt để tham gia trong buổi họp này, quý vị cần liên lạc với văn phòng của Thư Ký Thành Phố tại số (562) 431-3538, số chuyển tiếp 220. Thông Báo Trước buổi trưa vào ngày có phiên điều trần công cộng sẽ giúp cho Thành Phố thực hiện các sắp xếp để đảm bảo khả năng tiếp cận với buổi họp này.

MINUTES OF THE CITY COUNCIL

OF THE CITY OF LOS ALAMITOS
SPECIAL MEETING – January 18, 2022

1. CALL TO ORDER
The City Council met in Special Session at 5:30 p.m., Tuesday, January 18, 2022, via videoconference, Mayor Hasselbrink presiding. As a result of the State of Emergency in California due to the threat of COVID-19 and pursuant to Governor Newsom Executive Order N-25-20 issued on March 12, 2020, all members of the City Council attended via videoconference.

2. ROLL CALL

Present: Council Members: Bates, Chirco, Nefulda,
Mayor Pro Tem Doby, Mayor Hasselbrink

Absent: Council Members: None

Present: Staff: Chet Simmons, City Manager
Wayne Byerley, Police Captain
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Windmera Quintanar, MMC, City Clerk
Chelsi Wilson, Administrative Service Manager

3. PUBLIC HEARING
A. Public Hearing to Receive Input from the Community Regarding the Redrawing of Election District Boundaries (City Clerk)
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have nearly equal population. The redistricting process for the City of Los Alamitos must be completed by April 17, 2022.

City Clerk Quintanar introduced the item and welcomed Justin Levitt, NDC consultant. Mr. Levitt gave a PowerPoint presentation and answered questions from the City Council.

Mayor Hasselbrink opened the Public Hearing. There was no one present wishing to speak.

City Council and Staff discussed the following:
• Allowing a 10% population deviation from 2020 Census to account for known new developments
• Ability to under populate and overpopulate certain areas of town by Item No. 10A
City Council Special Minutes
January 18, 2022

Page 2 ends

10%
• Concern for the lack of single-family homes in District One The City Council:

1. Conducted a public hearing to receive public input on district boundaries; and,

2. Received a report from Staff on the redistricting process and permissible criteria to be considered to redraw district boundaries.

4. ADJOURNMENT
The City Council adjourned at 5:56 p.m.

Shelley Hasselbrink, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

MINUTES OF THE CITY COUNCIL

OF THE CITY OF LOS ALAMITOS
REGULAR MEETING – January 18, 2022

1. CALL TO ORDER
The City Council met in Regular Session at 6:00 p.m., Tuesday, January 18, 2022, via videoconference, Mayor Hasselbrink presiding. As a result of the State of Emergency in California due to the threat of COVID-19 and pursuant to Governor Newsom Executive Order N-25-20 issued on March 12, 2020, all members of the City Council attended via videoconference.

2. ROLL CALL

Present: Council Members: Bates, Chirco, Nefulda,
Mayor Pro Tem Doby, Mayor Hasselbrink

Absent: Council Members: None

Present: Staff: Chet Simmons, City Manager
Robert Acosta, Support Services Manager
Wayne Byerley, Police Captain
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Windmera Quintanar, MMC, City Clerk
Ron Roberts, Orange County Fire Authority Battalion Chief Chelsi Wilson, Administrative Service Manager

3. PLEDGE OF ALLEGIANCE
Council Member Nefulda led the Pledge of Allegiance.

4. INVOCATION
Council Member Chirco gave the Invocation.

5. ORAL COMMUNICATIONS
Mayor Hasselbrink opened Oral Communications. There being no one present wishing to speak, Mayor Hasselbrink closed Oral Communications.

Council Member Chiro spoke regarding attendance at the Orange County Sanitation District, and the Walk of Honor for Retiring Chief Nunez. He commented on the relocation of the COVID testing site to the Racetrack and the City Council Regular Minutes
January 18, 2022

Page 2 ends

positive feedback he’s received regarding the waste hauler transition.

Council Member Nefulda commented on the smooth transition to the new waste hauler and stated support for the continued service.

Council Member Bates commented he had received positive comments on the waste hauler transition and approved of the new trucks and transition. He reported attendance at the Library Advisory Board meeting.

Mayor Por Tem Doby spoke regarding attendance at the virtual Orange County Mosquito and Vector Control Board, and the Walk of Honor for Retiring Chief Nunez. She spoke regarding the coordination of Christmas meals from CA Cocina to California Highway Patrol officers; Madera’s holiday meals to the Veteran Hospital; recommended AIM mail Center and Adalbertos Mexican Food; being honored as the Hero of Heart at Rossmoor Elementary; commented on concerns regarding the sidewalk vendor in front of Vons; and, inquired about the different sizing and pricing options available from the waste hauler.

Mayor Hasselbrink spoke regarding attendance at a virtual meeting with Supervisor Katrina Foley, participation in the Orange County Mayors’ and State call regarding COVID status, and the Walk of Honor for Retiring Chief Nunez. She stated the meeting would be closed in memory of Marv Jempsa.

7. ITEMS FROM THE CITY MANAGER
City Manager Simmons asked for and received an update on COVID from Support Services Manager Robert Acosta and commended Staff for working through this challenging time. He stated Staff would like to pull item 9G for corrections.

8. WARRANTS
Council Member Bates received clarification on page 10, Enison Reeds – red paint for Public Works curb project.

Motion/Second: Chirco/Bates
Unanimously Carried: The City Council ratified the Warrants for the period from December 6, 2021 to January 3, 2022 in the amount of $842,443.09.

ROLL CALL
Mayor Hasselbrink Aye
Mayor Pro Tem Doby Aye
Council Member Bates Aye
Council Member Chirco Aye
Council Member Nefulda Aye

9. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.

City Council Regular Minutes
January 18, 2022

Page 3 ends

City Manager Simmons pulled item 9G.

Council Member Bates asked questions on items 9B and C.

Motion/Second: Bates/Chirco
Unanimously Carried: The City Council approved the following Consent Calendar items:

ROLL CALL
Mayor Hasselbrink Aye
Mayor Pro Tem Doby Aye
Council Member Bates Aye
Council Member Chirco Aye
Council Member Nefulda Aye
A. Approval of Minutes (City Clerk)
Approved the City Council Adjourned Regular Minutes of December 13, 2021.

B. Adoption of the Legislative Action Plan (City Clerk) The Legislative Action Plan develops a framework and reference guide for legislative positions and objectives that provide advocacy and engagement guidelines for City Council and Staff to effectively participate in the legislative process.

Council Member Bates stated concern for the sales tax issue and requested Council support to work with City Manager Simmons as the item progresses.

The City Council adopted Resolution 2022-02, entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING THE LEGISLATIVE ACTION PLAN.”
C. Annual Update of the Records Management Program (City Clerk) In October 2015, the City Council adopted the City-wide Records Management Program. Part of this Program included a day dedicated to records management and annual updates to the retention schedule. This item recommends changes to the policy to ensure continued success of the program.

City Council and Staff discussed the retention policy and scheduled destruction of obsolete records.

The City Council adopted Resolution 2022-01, entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,

ADOPTING A RECORDS MANAGEMENT PROGRAM AND REPEALING
RESOLUTION NO. 2021-02 IN ITS ENTIRETY”.

City Council Regular Minutes
January 18, 2022

Page 4 ends

D. 2022 Budget Calendar (Finance)
This report proposed a tentative schedule for the 2022 budget calendar.

The City Council received and filed.

E. Community Development Block Grant (CDBG) Project Application (Development Services)
This report seeks City Council approval for the Fiscal Year 2022-2023 Community Development Block Grant (CDBG) project application to the County of Orange. The application was submitted on January 5, 2022 and a resolution of approval is due prior to the grant award.

The City Council:

1. Adopted Resolution No. 2022-03, entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,
CALIFORNIA APPROVING THE CITY’S PARTICIPATION IN THE
FISCAL YEAR 2022-2023 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE”;
and,

2. Authorized the City Manager to execute all CDBG program documents for Fiscal Year 2022/2023 and appropriate amendments, if any, as they become available.

F. Award of Bid for the Purchase of One (1) Mobile Performance Stage (RFP 2021-10) (Development Services)
This report recommended awarding a bid for purchase of One (1) Mobile Performance Stage.

The City Council:

1. Authorized the onetime purchase of one (1) Mobile Performance Stage to Astra Stage, LLC, in the amount of $51,395, and;

2. Allocate funds from the American Rescue Plan Act (ARPA) funding for the purchase of a mobile performance stage in the amount of $51,395.00.

End of Consent Calendar
G. Memorandum of Understanding with Los Alamitos Police Officers’ Association (Administration)
This Resolution adopts a three-year Memorandum of Understanding (MOU) with the Los Alamitos Police Officers Association (POA), effective July 1, City Council Regular Minutes
January 18, 2022

Page 5 ends

2021 through June 30, 2024.

This item was postponed until February 7, 2022.

Recommendation: Adopt Resolution No. 2022-04, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, TO APPROVE A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LOS ALAMITOS AND THE
LOS ALAMITOS POLICE OFFICERS’ ASSOCIATION THROUGH JUNE
30, 2024”.

10. DISCUSSION ITEM
A. Approval of Employment Agreement for Police Chief (Administration) This report seeks approval of a new Employment Agreement for the position of Police Chief with Mr. Michael Claborn.

City Attorney Daudt provided a summary of the salary and compensation paid in the form of fringe benefits as required by SB 1436.

Motion/Second: Doby/Bates
Unanimously Carried: The City Council authorized the City Manager to execute the new Employment Agreement between the City of Los Alamitos and Michael Claborn for Police Chief services.

ROLL CALL
Mayor Hasselbrink Aye
Mayor Pro Tem Doby Aye
Council Member Bates Aye
Council Member Chirco Aye
Council Member Nefulda Aye

11. ADJOURNMENT
The City Council adjourned at 6:36 p.m. in memory of Marv Jempsa to Monday, February 28, 2022.

Shelley Hasselbrink, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

MINUTES OF THE CITY COUNCIL

OF THE CITY OF LOS ALAMITOS
SPECIAL MEETING – February 7, 2022

1. CALL TO ORDER
The City Council met in Special Session at 5:30 p.m., Monday, February 7, 2022, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Hasselbrink presiding.

2. ROLL CALL

Present: Council Members: Bates, Chirco, Nefulda,
Mayor Pro Tem Doby, Mayor Hasselbrink

Absent: Council Members: None

Present: Staff: Chet Simmons, City Manager
Michael Claborn, Police Chief
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Ron Noda, Development Services Director
Windmera Quintanar, MMC, City Clerk
Ron Roberts, Orange County Fire Authority Battalion Chief Chelsi Wilson, Administrative Service Manager

3. PUBLIC HEARING
A. Public Hearing #2 to Receive Input from the Community Regarding the Redrawing of Election District Boundaries (City Clerk)
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have nearly equal population. The redistricting process for the City of Los Alamitos must be completed by April 17, 2022.

City Clerk Quintanar introduced the item and welcomed Justin Levitt, NDC consultant. Mr. Levitt gave a PowerPoint presentation and answered questions from the City Council.

Mayor Hasselbrink opened the Public Hearing. There was no one present wishing to speak.

City Council and Staff discussed the following:
• No geographical size requirement for each district
City Council Special Minutes
February 7, 2022

Page 2 ends

• Residents in long term care facilities and institutions (i.e. hospitals, military bases, schools) are included in the 2020 Census data The City Council:

1. Conducted a public hearing to receive public input on district boundaries; and,

2. Received a report from Staff on the redistricting process and permissible criteria to be considered to redraw district boundaries.

4. CONSENT CALENDAR
Mayor Hasselbrink opened the Consent Calendar for public comment. There being no one present wishing to speak, Mayor Hasselbrink closed the Consent Calendar for public comment.

Council Member Bates asked questions for Item 4C.

Motion/Second: Chirco/Bates
Unanimously Carried: The City Council approved the following Consent Calendar items:

A. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (City Attorney)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

The City Council made the following findings by a majority vote:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

B. Memorandum of Understanding with Los Alamitos Police Officers’ Association (Administration)
This Resolution adopts a three-year Memorandum of Understanding (MOU) with the Los Alamitos Police Officers Association (POA), effective July 1, 2021 through June 30, 2024.

The City Council adopted Resolution No. 2022-04, entitled, “A City Council Special Minutes
February 7, 2022

Page 3 ends

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, TO APPROVE A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LOS ALAMITOS AND THE
LOS ALAMITOS POLICE OFFICERS’ ASSOCIATION THROUGH JUNE
30, 2024”.

C. Personnel Change – Development Services and Recreation and Community Services Department (Recreation)
This report outlines the personnel change for the Recreation & Community Services Department & Development Services Department Budget.

City Manager Simmons summarized the Staff report and answered questions from the City Council.

City Council and Staff discussed the supervision of the position and stated support for the creativity of the position and opportunities for additional training and job responsibility
The City Council approved a budget amendment in the amount of $19,367 to the Recreation & Community Services Department budget and $19,367 to the Development Services Department budget for a full-time Recreation Supervisor.

5. ADJOURNMENT
The City Council adjourned at 5:58 p.m. to Monday, February 28, 2022, at 6:00 p.m.

Shelley Hasselbrink, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk
1654466.1
City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 28, 2022 ITEM NUMBER: 10B
To: Mayor Shelley Hasselbrink & Members of the City Council From: Michael S. Daudt, City Attorney
Subject: Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings

SUMMARY
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

RECOMMENDATION
Make the following findings by a majority vote of the City Council:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

BACKGROUND AND DISCUSION
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021.

A portion of AB 361 enacted amendments to California Government Code section 54953 regarding teleconference meetings. Those amendments authorize local agencies, like the City, to continue to conduct meetings by teleconference1 during a Governor-proclaimed state of emergency2 provided that certain findings are made by the legislative body, and provided that certain procedural requirements are met regarding public access to the meetings.
1 A “teleconference” occurs for purposes of AB 361 whenever one or more members of the City Council connect to a City Council meeting via electronic means. Thus, even if four members of the City Council meet in person, if the fifth joins the meeting via Zoom, the meeting will be a teleconference meeting that must be conducted in accordance with the requirements of AB 361. 2 For purposes of AB 361 “…’state of emergency’ means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act…” Cal. Gov’t Code Sec. 54953(e)(4). Section 8265 of CESA in turn refers to a state of emergency proclaimed by the Governor AB 361 Teleconference Findings
February 28, 2022

Page 2 ends

1654466.1
A new requirement in AB 361 requires specific findings be reaffirmed at least every thirty (30) days in order for the City Council to continue to have the option for one (1) or more of its members to use teleconferencing.

The Required Findings
The teleconference provisions in AB 361 may only be utilized as long as a Governorproclaimed state of emergency remains active, or while state or local officials have recommended measures to promote social distancing. When either of those is the case (both are true at this time), then in order to continue to teleconference using the new provisions of AB 361, the City Council must make the following findings by majority vote every 30 days:
(A) The City Council has reconsidered the circumstances of the state of emergency; and
(B) Either of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person; or
(ii) State or local officials continue to impose or recommend measures to promote social distancing3.

To comply with that requirement, the recommended action would have the City Council find each of the following:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

The “Every 30 Days Thereafter” Requirement
As noted above, AB 361 findings must be made “no later than 30 days after teleconferencing for the first time pursuant to [AB 361], and every 30 days thereafter…” In order to preserve the option for the City Council or individual members of the City Council to participate in meetings during the pandemic via teleconference in the future, the City Council will have to adopt the required findings at least every 30 days.

Potential Consequence of Not Making the Findings Every 30 Days AB 361 does not expressly state what happens if a legislative body fails to make the required findings “every 30 days.” However, it expressly requires the timely re-approval of the findings “in order to continue to teleconference” in the manner that AB 361 authorizes.
3 Cal Gov’t Code Sec. 54953(e)(3)
AB 361 Teleconference Findings
February 28, 2022

Page 3 ends

1654466.1
As a result, if the City Council does not adopt the required findings every 30 days, then the City Council could be precluded from continuing to teleconference thereafter, perhaps even if the City Council was willing to adopt the findings at a later date. For this reason, the City Attorney recommends that the City Council adopt the required findings at this time and at least every 30 days thereafter, unless the City Council decides as a permanent matter that it will no longer permit teleconferencing at all (e.g., regardless of whether the state of emergency worsens).

Procedural Requirements for The Conduct of Teleconference Meetings AB 361 contains several new requirements for the conduct of teleconference meetings with which the City has prepared to comply. Specifically, each meeting must:

1. Allow members of the public to attend and comment at the meeting via call-in option or internet-based service option; and,

2. Protect the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,

3. In the event of disruption which prevents broadcasting the meeting or which prevents members of the public from offering public comments via the call-in or internet-based option, the City Council must take no further action until the disrupted public access is restored; and,

4. The City may not require public comments to be submitted in advance, and must offer the opportunity for the public to offer comments “in real time” during the meeting; and,

5. The public must be allowed “a reasonable amount of time per agenda item to allow members of the public to provide public comment, including time for members of the public to register [to log into the teleconference], or otherwise be recognized for the purpose of providing public comment.

FISCAL IMPACT
None.

Submitted by: Michael S. Daudt, City Attorney
Approved by: Chet Simmons, City Manager
City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 28, 2022 ITEM NUMBER: 10C
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: Amendment to the Resolution Establishing Salaries and Benefits for Non-Represented Employees to Include Finance Manager

SUMMARY
This report outlines the personnel changes for the Finance Department Budget.

RECOMMENDATION

1. Adopt Resolution No. 2022-06, entitled, “A RESOLUTION OF CITY COUNCIL OF

THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING JOB DESCRIPTION

FOR FINANCE MANAGER

2. Adopt Resolution No. 2022-07, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING THE

SALARIES AND BENEFITS FOR NON-REPRESENTED EMPLOYEES TO
INCLUDE FINANCE MANAGER”; and,

3. Approve a budget amendment for Fiscal year 2021-2022 in the Finance Department for an additional $86,624 for a full-time Finance Manager position.

BACKGROUND
The Finance Department has undergone significant turnover since 2020. In addition to the vacancy of the part-time Special Projects Coordinator, the Senior Finance Assistant is currently vacant, and recruitment for a replacement is underway. These staffing shortages have prevented the department in functioning at an optimal level. In addition, several long-term initiatives are on hold, including a financial system upgrade, electronic payroll, banking, and other cost reviews.

Non-Represented Employee Agreement
February 28, 2022

Page 2 of 2 ends

DISCUSSION
The City Manager’s Office has identified personnel changes that are desired to increase efficiency and enhance overall services to Los Alamitos’ residents and businesses. With the addition of a full-time Finance Manager in place of a part-time Special Projects Coordinator, the Finance Department will be able to function in a more clear and efficient manner. The addition of this position also creates a clear checks and balances system to ensure that the department’s internal controls are up to Government Financial Officers Associations (GFOA) standards. This is an important consideration, as the City’s auditors did alert management of potential span of control issues that could result in potential issues and findings in future audits. Addressing this issue is an important step in ensuring the prudent management of public funds, while ensuring transparency and accountability.

The Finance Manager will provide direction to and day-to-day supervision of support staff, in addition to performing diverse, specialized and complex assignments involving significant accountability and decision-making responsibility, and furthering department goals and objectives, such as system upgrades and other cost reviews. The position will also add additional levels internal control, as identified in the audit, redundancy, and support long-term planning.

Resolution 2022-06 seeks to approve the job description for the Finance Manager. 2022- 07 seeks to add the Finance Manager position to Middle Management. This position was not previously included in Non-Represented Employees Resolution. There are no proposed changed to any of the terms and conditions of employment for the NonRepresented Employees previously approved in Resolution 2021-25. The job description and respective salary schedules are included.

FISCAL IMPACT
The fiscal impact associated with this proposed change will be approximately $86,624 (which includes associated benefits and PERS-related costs) for a full-time Finance Manager.

Submitted by: Craig Koehler, Director of Finance
Fiscal Impact Reviewed by: Craig Koehler, Director of Finance Approved by: Chet Simmons, City Manager
Attachment: 1. Resolution 2022-06 – Finance Manager Job Description

2. Resolution 2022-07 – Non-Represented Agreement
RESOLUTION NO. 2022-06

A RESOLUTION OF CITY COUNCIL OF THE CITY OF

LOS ALAMITOS, CALIFORNIA, ADOPTING A JOB

DESCRIPTION FOR FINANCE MANAGER
WHEREAS, the job description has been developed for the Full-Time, Non-Represented position – Finance Manager; and,
WHEREAS, the new job description will be effective February 28, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.

SECTION 2. The City Council Approves the job description for Finance Manager (Exhibit A).

SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 28th day of February 2022. ________________________________
Shelley Hasselbrink, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney
Attachment 1
CC RESO 2022-06

Page 2 of 2 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at an adjourned regular meeting of the City Council held on the 28th day of February, 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Windmera Quintanar, MMC, City Clerk

CITY OF LOS ALAMITOS
Job Description

FINANCE MANAGER

THE POSITION
The Finance Manager is a member of the Finance Division. The position is responsible for supervising the Finance Division. The division handles accounts payable, accounts receivable, payroll, general accounting, benefits, and purchasing.

ESSENTIAL JOB FUNCTIONS
Under the direction of the Finance Director, the Finance Manager is required to perform the following essential job functions: develop and implement goals, policies and priorities relating to financial management and accounting; supervises the preparation of accounts payable, accounts receivable and payroll records; reviews and approves cash receipts and warrants; makes journal entries to adjust ledgers and subsidiary accounts; prepare monthly bank reconciliation’s and financial reports; researches and corrects accounting errors; analyzes and implements accounting procedures and recommends improved work methods and accounting practices; prepares a variety of financial statements; supervises and evaluates clerical and accounting staff; answers inquiries concerning financial and accounting methods; compiles and reviews accounting records for independent audits; reviews and approves purchase order and bid requests; assists with the audit, and preparation of annual budget; and performs other duties and assignments as directed by Supervisor.

DESIRABLE KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of governmental accounting, auditing and financial principles and practices; cash management; local government budgeting methods, purchasing and general accounting and payroll procedures, including federal and state income tax and sales tax laws; internal accounting standards and financial controls; financial analysis and forecasting methods; personal computers and windows based software, including spreadsheet applications and peripheral office equipment; computer information systems for accounting and payroll data bases; and principles and practices of personnel supervision.

DESIRABLE EXPERIENCE AND TRAINING
Any combination providing the required knowledge, skills and abilities is qualifying.

Atypical combination is: graduation from an accredited college/university with a Bachelors degree in Accounting, Finance, Business Administration or a related field, and four years performing increasingly responsible governmental accounting work which includes at least one (1) year in a supervisory capacity.

Exhibit A
RESOLUTION NO. 2022-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, AMENDING THE SALARIES AND

BENEFITS FOR NON-REPRESENTED EMPLOYEES TO INCLUDE

FINANCE MANAGER
WHEREAS, on November 15, 2021, the City Council adopted Resolution 2021-25 establishing the salaries and benefits for Non-Represetend Employees; and, WHEREAS, the City of Los Alamitos hereby amends the Non-Represented Salaries and Benefits resolution to add a Finance Manager position to Middle Management; and,
WHEREAS, the new salary schedules for Finance Manager will become effective February 28, 2022; and,
WHEREAS, this Resolution amends Resolution No. 2021-25.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Aalmtios, California, finds that the above
SECTION 2. Section 3, Subsection C.2. of Resoltuion 2021-25 is hereby amended to state:

C. EMPLOYEE OR NON-REPRESENTED EMPLOYEE:

2. Middle Management employees are the following positions: Recreation Manager, Development Services Manager, Finance Manager, Police Captain, Public Services Superintendent, and Support Services Manager.

SECTION 3. Amends the Non-Represented Employees Salary Schedule to include Finance Manager, effective February 28, 2022, attached hereto as Exhibit A.

SECTION 4. Resolution No. 2021-25, Exhibit A – Salary Schedules are hereby repealed in their entirety.

SECTION 5. The City Clerk shall certify as to the adoption of this Resolution.

Attachment 2
CC RESO 2022-07

Page 2 ends

PASSED, APPROVED, AND ADOPTED this 28th day of Februay 2022. _______________________________
Shelley Hasselbrink, Mayor
ATTEST:
___________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 28th day of February, 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Windmera Quintanar , MMC, City Clerk

EXHIBIT A

CODE CLASSIFICATION TITLE TIER CATGY/FLSA STEP A STEP B STEP C STEP D STEP E 310 Benefits Coordinator/Executive Asst 2 C - E HOURLY 32.33 34.05 35.83 37.72 39.71 MONTHLY 5,603.87 5,902.00 6,210.53 6,538.13 6,883.07
ANNUAL 67,246.40 70,824.00 74,526.40 78,457.60 82,596.80 324 Recreation Supervisor 2 MM - E HOURLY 33.25 35.07 37.00 39.03 41.18 328 Public Works Supervisor MONTHLY 5,763.33 6,078.80 6,413.33 6,765.20 7,137.87 ANNUAL 69,160.00 72,945.60 76,960.00 81,182.40 85,654.40 330 Assistant to the City Manager 1 C - E HOURLY 41.39 43.46 45.63 47.92 50.32 MONTHLY 7,174.27 7,533.07 7,909.20 8,306.13 8,722.13
ANNUAL 86,091.20 90,396.80 94,910.40 99,673.60 104,665.60 2 HOURLY 38.37 40.28 42.29 44.40 46.64
MONTHLY 6,650.80 6,981.87 7,330.27 7,696.00 8,084.27
ANNUAL 79,809.60 83,782.40 87,963.20 92,352.00 97,011.20 355 Recreation Manager 1 MM - E HOURLY 41.42 44.08 46.88 49.88 53.06 MONTHLY 7,179.47 7,640.53 8,125.87 8,645.87 9,197.07
ANNUAL 86,153.60 91,686.40 97,510.40 103,750.40 110,364.80 2 HOURLY 40.46 42.46 44.54 46.39 48.20
MONTHLY 7,013.07 7,359.73 7,720.27 8,040.93 8,354.67
ANNUAL 84,156.80 88,316.80 92,643.20 96,491.20 100,256.00 362 Administrative Services Manager 2 A - E HOURLY 44.08 46.28 48.60 51.02 53.57 MONTHLY 7,640.53 8,021.87 8,424.00 8,843.47 9,285.47
ANNUAL 91,686.40 96,262.40 101,088.00 106,121.60 111,425.60 365 Development Services Manager 2 MM-E HOURLY 44.08 46.28 48.60 51.02 53.57 340 Finance Manager 2 MONTHLY 7,640.53 8,021.87 8,424.00 8,843.47 9,285.47 ANNUAL 91,686.40 96,262.40 101,088.00 106,121.60 111,425.60 370 City Clerk 1 A - E HOURLY 42.35 44.47 46.71 49.04 51.49 MONTHLY 7,340.67 7,708.13 8,096.40 8,500.27 8,924.93
ANNUAL 88,088.00 92,497.60 97,156.80 102,003.20 107,099.20 2 HOURLY 39.24 41.22 43.27 45.43 47.69
MONTHLY 6,801.60 7,144.80 7,500.13 7,874.53 8,266.27
ANNUAL 81,619.20 85,737.60 90,001.60 94,494.40 99,195.20 373 City Clerk/ Director of Communications 1 A - E HOURLY 44.47 46.71 49.04 51.49 54.06 MONTHLY 7,708.13 8,096.40 8,500.27 8,924.93 9,370.40
ANNUAL 92,497.60 97,156.80 102,003.20 107,099.20 112,444.80 2 HOURLY 41.22 43.27 45.43 47.69 50.08
MONTHLY 7,144.80 7,500.13 7,874.53 8,266.27 8,680.53
ANNUAL 85,737.60 90,001.60 94,494.40 99,195.20 104,166.40 380 Support Services Manager 1 MM - E HOURLY 50.33 52.85 55.49 58.26 61.17 MONTHLY 8,723.87 9,160.67 9,618.27 10,098.40 10,602.80
ANNUAL 104,686.40 109,928.00 115,419.20 121,180.80 127,233.60 2 HOURLY 46.64 48.96 51.41 53.99 56.69
MONTHLY 8,084.27 8,486.40 8,911.07 9,358.27 9,826.27
ANNUAL 97,011.20 101,836.80 106,932.80 112,299.20 117,915.20

CITY OF LOS ALAMITOS EXECUTIVE MANAGEMENT & NON-REPRESENTED EMPLOYEES

SALARY SCHEDULE
EFFECTIVE NOVEMBER 7, 2021

EXHIBIT A

CODE CLASSIFICATION TITLE TIER CATGY/FLSA STEP A STEP B STEP C STEP D STEP E 405 Finance Director 1 A - E HOURLY 54.61 60.05 65.53 70.24 76.44 MONTHLY 9,465.73 10,408.67 11,358.53 12,174.93 13,249.60 ANNUAL 113,588.80 124,904.00 136,302.40 146,099.20 158,995.20 2 HOURLY 50.59 55.65 60.70 65.10 70.83
MONTHLY 8,768.93 9,646.00 10,521.33 11,284.00 12,277.20 ANNUAL 105,227.20 115,752.00 126,256.00 135,408.00 147,326.40 390 Police Captain 1 MM - E HOURLY 62.90 66.05 69.36 72.82 76.47 MONTHLY 10,902.67 11,448.67 12,022.40 12,622.13 13,254.80 ANNUAL 130,832.00 137,384.00 144,268.80 151,465.60 159,057.60 2 HOURLY 57.76 60.65 63.68 66.87 70.22
MONTHLY 10,011.73 10,512.67 11,037.87 11,590.80 12,171.47 ANNUAL 120,140.80 126,152.00 132,454.40 139,089.60 146,057.60 400 Administrative Services Director 1 A - E HOURLY 57.34 63.07 68.81 73.76 80.26 430 Recreation & Community Svcs Director MONTHLY 9,938.93 10,932.13 11,927.07 12,785.07 13,911.73 ANNUAL 119,267.20 131,185.60 143,124.80 153,420.80 166,940.80 2 HOURLY 53.13 58.44 63.76 68.35 74.36
MONTHLY 9,209.20 10,129.60 11,051.73 11,847.33 12,889.07 ANNUAL 110,510.40 121,555.20 132,620.80 142,168.00 154,668.80 410 Development Services Director 1 A - E HOURLY 60.21 66.22 72.25 77.44 84.27 MONTHLY 10,436.40 11,478.13 12,523.33 13,422.93 14,606.80 ANNUAL 125,236.80 137,737.60 150,280.00 161,075.20 175,281.60 2 HOURLY 55.78 61.36 66.92 71.77 78.08
MONTHLY 9,668.53 10,635.73 11,599.47 12,440.13 13,533.87 ANNUAL 116,022.40 127,628.80 139,193.60 149,281.60 162,406.40 440 Police Chief 1 A - E HOURLY 66.71 73.36 80.04 86.70 93.38 MONTHLY 11,563.07 12,715.73 13,873.60 15,028.00 16,185.87 ANNUAL 138,756.80 152,588.80 166,483.20 180,336.00 194,230.40 2 HOURLY 61.24 67.36 73.48 79.61 85.74
MONTHLY 10,614.93 11,675.73 12,736.53 13,799.07 14,861.60 ANNUAL 127,379.20 140,108.80 152,838.40 165,588.80 178,339.20 500 City Manager n/a A - E City Manager salary is set by contract with the City Council.

Employment Category Fair Labor Standards Act Classification A = At Will E = Exempt from overtime
C = Confidential
MM = Mid-management
Tier 1 represents the salary ranges for non-represented employees appointed before December 16, 2013.

Tier 2 represent the salary ranges for non-represented employees appointed after December 16, 2013.

EXHIBIT A

CODE CLASSIFICATION TITLE TIER CATGY/FLSA STEP A STEP B STEP C STEP D STEP E 310 Benefits Coordinator/Executive Asst 2 C - E HOURLY 32.98 34.73 36.55 38.47 40.50 MONTHLY 5,716.53 6,019.87 6,335.33 6,668.13 7,020.00
ANNUAL 68,598.40 72,238.40 76,024.00 80,017.60 84,240.00 324 Recreation Supervisor 2 MM - E HOURLY 33.92 35.77 37.74 39.81 42.00 328 Public Works Supervisor MONTHLY 5,879.47 6,200.13 6,541.60 6,900.40 7,280.00 ANNUAL 70,553.60 74,401.60 78,499.20 82,804.80 87,360.00 330 Assistant to the City Manager 1 C - E HOURLY 42.22 44.33 46.54 48.88 51.33 MONTHLY 7,318.13 7,683.87 8,066.93 8,472.53 8,897.20
ANNUAL 87,817.60 92,206.40 96,803.20 101,670.40 106,766.40 2 HOURLY 39.14 41.09 43.14 45.29 47.57
MONTHLY 6,784.27 7,122.27 7,477.60 7,850.27 8,245.47
ANNUAL 81,411.20 85,467.20 89,731.20 94,203.20 98,945.60 355 Recreation Manager 1 MM - E HOURLY 42.25 44.96 47.82 50.88 54.12 MONTHLY 7,323.33 7,793.07 8,288.80 8,819.20 9,380.80
ANNUAL 87,880.00 93,516.80 99,465.60 105,830.40 112,569.60 2 HOURLY 41.27 43.31 45.43 47.32 49.16
MONTHLY 7,153.47 7,507.07 7,874.53 8,202.13 8,521.07
ANNUAL 85,841.60 90,084.80 94,494.40 98,425.60 102,252.80 362 Administrative Services Manager 2 A - E HOURLY 44.96 47.21 49.57 52.04 54.64 MONTHLY 7,793.07 8,183.07 8,592.13 9,020.27 9,470.93
ANNUAL 93,516.80 98,196.80 103,105.60 108,243.20 113,651.20 365 Development Services Manager 2 MM-E HOURLY 44.96 47.21 49.57 52.04 54.64 340 Finance Manager 2 MONTHLY 7,793.07 8,183.07 8,592.13 9,020.27 9,470.93 ANNUAL 93,516.80 98,196.80 103,105.60 108,243.20 113,651.20 370 City Clerk 1 A - E HOURLY 43.20 45.36 47.64 50.02 52.52 MONTHLY 7,488.00 7,862.40 8,257.60 8,670.13 9,103.47
ANNUAL 89,856.00 94,348.80 99,091.20 104,041.60 109,241.60 2 HOURLY 40.02 42.04 44.14 46.34 48.64
MONTHLY 6,936.80 7,286.93 7,650.93 8,032.27 8,430.93
ANNUAL 83,241.60 87,443.20 91,811.20 96,387.20 101,171.20 373 City Clerk/ Director of Communication 1 A - E HOURLY 45.36 47.64 50.02 52.52 55.14 MONTHLY 7,862.40 8,257.60 8,670.13 9,103.47 9,557.60
ANNUAL 94,348.80 99,091.20 104,041.60 109,241.60 114,691.20 2 HOURLY 42.04 44.14 46.34 48.64 51.08
MONTHLY 7,286.93 7,650.93 8,032.27 8,430.93 8,853.87
ANNUAL 87,443.20 91,811.20 96,387.20 101,171.20 106,246.40 380 Support Services Manager 1 MM - E HOURLY 51.34 53.91 56.60 59.43 62.39 MONTHLY 8,898.93 9,344.40 9,810.67 10,301.20 10,814.27
ANNUAL 106,787.20 112,132.80 117,728.00 123,614.40 129,771.20 2 HOURLY 47.57 49.94 52.44 55.07 57.82
MONTHLY 8,245.47 8,656.27 9,089.60 9,545.47 10,022.13
ANNUAL 98,945.60 103,875.20 109,075.20 114,545.60 120,265.60

CITY OF LOS ALAMITOS EXECUTIVE MANAGEMENT & NON-REPRESENTED EMPLOYEES

SALARY SCHEDULE
EFFECTIVE NOVEMBER 6, 2022

EXHIBIT A

CODE CLASSIFICATION TITLE TIER CATGY/FLSA STEP A STEP B STEP C STEP D STEP E

CITY OF LOS ALAMITOS EXECUTIVE MANAGEMENT & NON-REPRESENTED EMPLOYEES

SALARY SCHEDULE
EFFECTIVE NOVEMBER 6, 2022
405 Finance Director 1 A - E HOURLY 55.70 61.25 66.84 71.64 77.97 MONTHLY 9,654.67 10,616.67 11,585.60 12,417.60 13,514.80 ANNUAL 115,856.00 127,400.00 139,027.20 149,011.20 162,177.60 2 HOURLY 51.60 56.76 61.91 66.40 72.25
MONTHLY 8,944.00 9,838.40 10,731.07 11,509.33 12,523.33 ANNUAL 107,328.00 118,060.80 128,772.80 138,112.00 150,280.00 390 Police Captain 1 MM - E HOURLY 64.16 67.37 70.75 74.28 78.00 MONTHLY 11,121.07 11,677.47 12,263.33 12,875.20 13,520.00 ANNUAL 133,452.80 140,129.60 147,160.00 154,502.40 162,240.00 2 HOURLY 58.92 61.86 64.95 68.21 71.62
MONTHLY 10,212.80 10,722.40 11,258.00 11,823.07 12,414.13 ANNUAL 122,553.60 128,668.80 135,096.00 141,876.80 148,969.60 400 Administrative Services Director 1 A - E HOURLY 58.49 64.33 70.19 75.24 81.87 430 Recreation & Community Svcs Director MONTHLY 10,138.27 11,150.53 12,166.27 13,041.60 14,190.80 ANNUAL 121,659.20 133,806.40 145,995.20 156,499.20 170,289.60 2 HOURLY 54.19 59.61 65.04 69.72 75.85
MONTHLY 9,392.93 10,332.40 11,273.60 12,084.80 13,147.33 ANNUAL 112,715.20 123,988.80 135,283.20 145,017.60 157,768.00 410 Development Services Director 1 A - E HOURLY 61.41 67.54 73.70 78.99 85.96 MONTHLY 10,644.40 11,706.93 12,774.67 13,691.60 14,899.73 ANNUAL 127,732.80 140,483.20 153,296.00 164,299.20 178,796.80 2 HOURLY 56.90 62.59 68.26 73.21 79.64
MONTHLY 9,862.67 10,848.93 11,831.73 12,689.73 13,804.27 ANNUAL 118,352.00 130,187.20 141,980.80 152,276.80 165,651.20 440 Police Chief 1 A - E HOURLY 68.04 74.83 81.64 88.43 95.25 MONTHLY 11,793.60 12,970.53 14,150.93 15,327.87 16,510.00 ANNUAL 141,523.20 155,646.40 169,811.20 183,934.40 198,120.00 2 HOURLY 62.46 68.71 74.95 81.20 87.45
MONTHLY 10,826.40 11,909.73 12,991.33 14,074.67 15,158.00 ANNUAL 129,916.80 142,916.80 155,896.00 168,896.00 181,896.00 500 City Manager n/a A - E City Manager salary is set by contract with the City Council.

Tier 2 represent the salary ranges for non-represented employees appointed after December 16, 2013.

EXHIBIT A

CODE CLASSIFICATION TITLE TIER CATGY/FLSA STEP A STEP B STEP C STEP D STEP E 310 Benefits Coordinator/Executive Asst 2 C - E HOURLY 33.64 35.42 37.28 39.24 41.31 MONTHLY 5,830.93 6,139.47 6,461.87 6,801.60 7,160.40
ANNUAL 69,971.20 73,673.60 77,542.40 81,619.20 85,924.80 324 Recreation Supervisor 2 MM - E HOURLY 34.60 36.49 38.49 40.61 42.84 328 Public Works Supervisor MONTHLY 5,997.33 6,324.93 6,671.60 7,039.07 7,425.60 ANNUAL 71,968.00 75,899.20 80,059.20 84,468.80 89,107.20 330 Assistant to the City Manager 1 C - E HOURLY 43.06 45.22 47.47 49.86 52.36 MONTHLY 7,463.73 7,838.13 8,228.13 8,642.40 9,075.73
ANNUAL 89,564.80 94,057.60 98,737.60 103,708.80 108,908.80 2 HOURLY 39.92 41.91 44.00 46.20 48.52
MONTHLY 6,919.47 7,264.40 7,626.67 8,008.00 8,410.13
ANNUAL 83,033.60 87,172.80 91,520.00 96,096.00 100,921.60 355 Recreation Manager 1 MM - E HOURLY 43.10 45.86 48.78 51.90 55.20 MONTHLY 7,470.67 7,949.07 8,455.20 8,996.00 9,568.00
ANNUAL 89,648.00 95,388.80 101,462.40 107,952.00 114,816.00 2 HOURLY 42.10 44.18 46.34 48.27 50.14
MONTHLY 7,297.33 7,657.87 8,032.27 8,366.80 8,690.93
ANNUAL 87,568.00 91,894.40 96,387.20 100,401.60 104,291.20 362 Administrative Services Manager 2 A - E HOURLY 45.86 48.15 50.56 53.08 55.73 MONTHLY 7,949.07 8,346.00 8,763.73 9,200.53 9,659.87
ANNUAL 95,388.80 100,152.00 105,164.80 110,406.40 115,918.40 365 Development Services Manager 2 MM-E HOURLY 45.86 48.15 50.56 53.08 55.73 340 Finance Manager 2 MONTHLY 7,949.07 8,346.00 8,763.73 9,200.53 9,659.87 ANNUAL 95,388.80 100,152.00 105,164.80 110,406.40 115,918.40 370 City Clerk 1 A - E HOURLY 44.06 46.27 48.59 51.02 53.57 MONTHLY 7,637.07 8,020.13 8,422.27 8,843.47 9,285.47
ANNUAL 91,644.80 96,241.60 101,067.20 106,121.60 111,425.60 2 HOURLY 40.82 42.88 45.02 47.27 49.61
MONTHLY 7,075.47 7,432.53 7,803.47 8,193.47 8,599.07
ANNUAL 84,905.60 89,190.40 93,641.60 98,321.60 103,188.80 373 City Clerk/ Director of Communication 1 A - E HOURLY 46.27 48.59 51.02 53.57 56.24 MONTHLY 8,020.13 8,422.27 8,843.47 9,285.47 9,748.27
ANNUAL 96,241.60 101,067.20 106,121.60 111,425.60 116,979.20 2 HOURLY 42.88 45.02 47.27 49.61 52.10
MONTHLY 7,432.53 7,803.47 8,193.47 8,599.07 9,030.67
ANNUAL 89,190.40 93,641.60 98,321.60 103,188.80 108,368.00 380 Support Services Manager 1 MM - E HOURLY 52.37 54.99 57.73 60.62 63.64 MONTHLY 9,077.47 9,531.60 10,006.53 10,507.47 11,030.93 ANNUAL 108,929.60 114,379.20 120,078.40 126,089.60 132,371.20 2 HOURLY 48.52 50.94 53.49 56.17 58.98
MONTHLY 8,410.13 8,829.60 9,271.60 9,736.13 10,223.20
ANNUAL 100,921.60 105,955.20 111,259.20 116,833.60 122,678.40

CITY OF LOS ALAMITOS EXECUTIVE MANAGEMENT & NON-REPRESENTED EMPLOYEES

SALARY SCHEDULE
EFFECTIVE NOVEMBER 5, 2023

EXHIBIT A

CODE CLASSIFICATION TITLE TIER CATGY/FLSA STEP A STEP B STEP C STEP D STEP E 405 Finance Director 1 A - E HOURLY 56.81 62.48 68.18 73.07 79.53 MONTHLY 9,847.07 10,829.87 11,817.87 12,665.47 13,785.20 ANNUAL 118,164.80 129,958.40 141,814.40 151,985.60 165,422.40 2 HOURLY 52.63 57.90 63.15 67.73 73.70
MONTHLY 9,122.53 10,036.00 10,946.00 11,739.87 12,774.67 ANNUAL 109,470.40 120,432.00 131,352.00 140,878.40 153,296.00 390 Police Captain 1 MM - E HOURLY 65.44 68.72 72.17 75.77 79.56 MONTHLY 11,342.93 11,911.47 12,509.47 13,133.47 13,790.40 ANNUAL 136,115.20 142,937.60 150,113.60 157,601.60 165,484.80 2 HOURLY 60.10 63.10 66.25 69.57 73.05
MONTHLY 10,417.33 10,937.33 11,483.33 12,058.80 12,662.00 ANNUAL 125,008.00 131,248.00 137,800.00 144,705.60 151,944.00 400 Administrative Services Director 1 A - E HOURLY 59.66 65.62 71.59 76.74 83.51 430 Recreation & Community Svcs Director MONTHLY 10,341.07 11,374.13 12,408.93 13,301.60 14,475.07 ANNUAL 124,092.80 136,489.60 148,907.20 159,619.20 173,700.80 2 HOURLY 55.27 60.80 66.34 71.11 77.37
MONTHLY 9,580.13 10,538.67 11,498.93 12,325.73 13,410.80 ANNUAL 114,961.60 126,464.00 137,987.20 147,908.80 160,929.60 410 Development Services Director 1 A - E HOURLY 62.64 68.89 75.17 80.57 87.68 MONTHLY 10,857.60 11,940.93 13,029.47 13,965.47 15,197.87 ANNUAL 130,291.20 143,291.20 156,353.60 167,585.60 182,374.40 2 HOURLY 58.04 63.84 69.63 74.67 81.23
MONTHLY 10,060.27 11,065.60 12,069.20 12,942.80 14,079.87 ANNUAL 120,723.20 132,787.20 144,830.40 155,313.60 168,958.40 440 Police Chief 1 A - E HOURLY 69.40 76.33 83.27 90.20 97.16 MONTHLY 12,029.33 13,230.53 14,433.47 15,634.67 16,841.07 ANNUAL 144,352.00 158,766.40 173,201.60 187,616.00 202,092.80 2 HOURLY 63.71 70.08 76.45 82.82 89.20
MONTHLY 11,043.07 12,147.20 13,251.33 14,355.47 15,461.33 ANNUAL 132,516.80 145,766.40 159,016.00 172,265.60 185,536.00 500 City Manager n/a A - E City Manager salary is set by contract with the City Council.

Tier 2 represent the salary ranges for non-represented employees appointed after December 16, 2013.

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 28, 2022 ITEM NUMBER: 11D
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Professional Services Agreement (PSA) with Joncowest LLC. for Janitorial Services for City Facilities

SUMMARY
On January 4, 2022, staff received and reviewed bids to the City’s Request for Proposals (RFP) 2021-11 for janitorial services for the Civic Center including the Community Center complex.

RECOMMENDATION

1. Award the bid for RFP 2021-11; and,

BACKGROUND
The City is responsible for eight separate City facilities to clean and sanitize including common areas both for employees and visitors alike. The facilities include City Hall 1, City Hall 2, the Council Chamber, the Public Works Garage, the Public Works break room/LATV building, the Community Center, the Youth Center building, and the Preschool building.

With the recent departure of the Public Works Division team member responsible for the nightly janitorial duties, the City sought different options to continue the work load. One of which was the possibility of contracting out janitorial services.

DISCUSSION
Before the recent departure of personnel, the City had two staff members responsible for the upkeep of facilities and park restrooms, including the restrooms at Oak RFP 2021 - 11 Jancowest LLC Janitorial service
February 28, 2022
page 2 of 2
Gymnasium. One staff will be kept with the responsibilities of the night time cleaning of the Police Department, the park restrooms, and the Los Alamitos Museum. The janitorial contract will be responsible for the rest of the City’s facilities including Oak Gymnasium. This will provide better coverage at a more efficient manner as the vacant full time position will be moved to the day crew to provide additional support.

On December 15, 2021, RFP 2021-11 was released and was advertised in the newspaper on December 15, 2021, December 22 2021, and December 29, 2021.

From the four bids received, it was determined by staff that the lowest responsible bid submitted was from Joncowest LLC., with a total bid amount of $5,262.00 (monthly).

The bid results are provided below:

COMPANY MONTHLY BID AMOUNT
Joncowest LLC. $5,262.00
Premier Property Preservation $5,568.78
Base Hill Inc. $6,885.65
Ultimate Maintenance Services Inc. 7,600.00
This agreement proposes an initial term of one year with an option to extend for up to two additinoal 1-year extensions by mutual agreement of the parties.

FISCAL IMPACT
The monthly cost is $5,262 which amounts to an annual cost of $63,144. Funding for this contracted services will be incorporated into the mid-year budget adjustment process in the amount of $21,048 to cover the remainder of FY 21-22. The FY 22-23 budget will reflect the total annual cost of $63,144.

Submitted by: Ron Noda, Development Services Director
Fiscal Impact Reviewed by: Craig Koehler, Finance Director Approved by: Chet Simmons, City Manager

Attachment: 1. Professional Services Agreement with Joncowest

2. Bid Submitted by Joncowest LLC dated January 4, 2022 1367754.1
1 JANITORIAL SERVICES AGREEMENT
Jancowest LLC.

THIS AGREEMENT FOR JANITORIAL SERVICES (“Agreement”) is made and entered into, to be effective this 28 day of February 2022 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and Jancowest, LLC (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that it requires the services of a qualified contractor to provide janitorial services for City facilities.

B. In response to City’s formal Request for Proposals No. 2020-11 (RFP), dated December 15, 2021, Contractor has submitted to City a written proposal, dated January 4, 2022, to provide the desired janitorial services.

D. City desires to engage Contractor to provide such janitorial services subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Los Alamitos Janitorial Services Proposal, dated January 4, 2022, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

1.1.1 Contract Documents. This Agreement shall consist of the following: (1) the main body of this Agreement; (2) RPF No. 2021-11, dated December 15, 2021; and (3) Contractor’s Proposal, Exhibit “A”. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the main body of this Agreement; (2rd) the RFP, and (3rd) Contractor’s Proposal.

Attachment 1
1367754.1
2 1.2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. Contractor shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Contractor performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to comply with such laws, ordinances, resolutions, statutes, rules or regulations.

1.3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Project Services to be performed, (b) has carefully considered how the Project Services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.

1.5 Care in Performance of Project Services. Contractor shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City's own negligence.

1.6 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
1367754.1
3 2. COMPENSATION

2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed five thousand two hundred and sixty-two Dollars ($5,262.00) per month. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

2.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within thirty (30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or, (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

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

The time for completion of the Project Services to be performed by Contractor is an essential condition of this Agreement.

3.2 Schedule of Performance. Contractor shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Contractor, extensions of the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.
1367754.1
4 3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) calendar days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of one (1) year, ending on February 28, 2023. Upon mutual written agreement of the Parties, the Agreement may be extended for up to two additional one (1) year terms through February 28, 2025.

4. COORDINATION OF PROJECT SERVICES

4.1 Contractor’s Representative. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith: Pattie Patrick. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 City’s Contract Officer. The City’s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not 1367754.1
5 contract with any other entity to perform the Project Services without prior written consent of City.

If Contractor is permitted by City to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.

Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

4.4.1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.

Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, or agents or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

4.4.2 Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

4.4.3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or 1367754.1
6 sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

4.5.1 In the event that Contractor or any officer, employee, representative, agent, subconsultant or subcontractor of Contractor providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City against (1) all such claims and determinations, (2) for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subconsultants or subcontractors, and (3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Project Services 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.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.

5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars 1367754.1
7 ($1,000,000.00) per occurrence and Two Million Dollars ($2,000.000.00) in the general aggregate.

The policy shall not contain any endorsements or provisions limiting coverage for (1) contractual liability, (2) cross liability exclusion for claims or suits by one insured against another, or (3) contain any other exclusion contrary to the Agreement.

5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance. Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 (any auto), or if the Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000.00) for each occurrence covering bodily injury and property damage.

5.2.3 Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.

5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI)), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the work or Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5.4 Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
1367754.1
8 5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

5.4.1.1 Additional Insured. The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and

5.4.1.1.1 Additional Insured Endorsements. Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

5.4.1.2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.

5.4.1.3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.4.2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten (10) calendar days prior written notice. (A statement that notice will be provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)

5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.

5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage. 1367754.1
9 5.6.1 Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval.

5.6.2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.

5.6.3 Renewal/Replacement Policies. At least fifteen (15) calendar days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) calendar days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.

5.7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. 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.

5.8 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5.9 Insurance for Subconsultants. Contractor shall either: (1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Contractor as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. Contractor shall not allow any subconsultant or subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.

5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:

5.10.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of 1367754.1
10 the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

5.10.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5.10.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.

5.10.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5.10.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.

5.10.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and 1367754.1
11 attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.

7. REPORTS AND RECORDS

7.1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.

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

7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall not be released publicly without the prior written approval of the Contract Officer. 1367754.1
12 8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

8.4 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.

Upon receipt of the notice of termination, Contractor shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.

8.6 Termination for Default of Contractor.

8.6.1 Contractor’s failure to comply with any provision of this Agreement shall constitute a default.

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of 1367754.1
13 time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.5.

8.6.3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Project Services as provided herein.

8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) calendar days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry. 1367754.1
14 10. MISCELLANEOUS PROVISIONS

10.1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two (2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – JANCOWEST LLC.

To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.

Los Alamitos, CA 90720
[email protected]
With copy to:

Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Contractor: Joncowest LLC
268 N. Lincoln Avenue, Suite 8
Corona, CA 92882
[email protected]

10.2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.

10.4 Successors in Interest. This Agreement shall be binding upon and inure to the 1367754.1
15 benefit of the Parties’ successors and assignees.

10.5 Third Party Beneficiary. Except as expressly provided herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10.6 Recitals. The above-stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.7 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”). Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

10.8 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which the Party for which he/she is signing is bound.
[SIGNATURES ON NEXT PAGE]
1367754.1
16 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Shelley Hasselbrink
Mayor
APPROVED AS TO FORM.

Woodruff, Spradlin & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
Joncowest LLC
By:_______________________________
Pattie Patrick
Owner
By:_______________________________
Jaheyla Jones
Chief Operations Officer (COO)
Attachment 2

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 28, 2022 ITEM NUMBER: 10E
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Resolution No. 2022-05 – CalRecycle SB 1383 Local Assistance Grants

SUMMARY
This report seeks Council’s authorization to apply for CalRecycle SB 1383 Local Assistance Grant. The grant would assist the City’s effort in education and implementation of requirements associated with SB 1383.

RECOMMENDATION
Adopt Resolution No. 2022-05, entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS ALAMITOS, CALIFORNIA, AUTHORIZING SUBMITTAL OF

APPLICATION FOR ALL CALRECYCLE GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY OF LOS ALAMITOS IS ELIGIBLE”.

BACKGROUND
The California Department of Resources Recycling and Recovery (CalRecycle) offers funding opportunities authorized by legislation to assist public entities in the safe and effective management of the waste stream. The SB 1383 Local Assistance Grant provides one-time grant funding to support implementation and regulation requirements associated with SB 1383.

DISCUSSION
Staff is seeking authority to apply for a CalRecycle SB 1383 Local Assistance Grant. This non-competitive grant program will provide $20,000 of funding to assist with mandates associated with SB 1383, including but not limited to:
• Capacity Planning
• Collection
• Edible Food Recovery
• Education and outreach (includes organic waste and edible food recovery) SB 1383 Resolution
February 28, 2022

Page 2 of 2 ends

• Enforcement and inspection
• Program Evaluation/Gap Analysis
• Procurement Requirements
• Record Keeping
Following consideration by the City Council, the next step in the grant process will require the submittal of a Letter of Designation, Letters of Authorization, and an adopted City Council Resolution. The deadline for submittal of these documents is March 1, 2022. If the grant is awarded to the City, the funds should be received in Fall 2022.

Fiscal Impact
None.

Submitted By: Ron Noda, Recreation Manager
Approved by: Chet Simmons, City Manager
Attachment: 1. Resolution 2022-05
RESOLUTION NO. 2022-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, AUTHORIZING SUBMITTAL OF

APPLICATION FOR ALL CALRECYCLE GRANT AND PAYMENT

PROGRAMS FOR WHICH THE CITY OF LOS ALAMITOS IS ELIGIBLE WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and,
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and, WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:

SECTION 1. The City of Los Alamitos is authorized to submit an application to CalRecycle for any and all grant and payment programs offered.

SECTION 2. The City Manager, or his/her designee is hereby authorized and empowered to execute in the name of the the City of Los Alamitos all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project.

SECTION 3. These authorizations are effective through February 28, 2026.

SECTION 4. The City Clerk shall certify as the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 28th day of February, 2022. _______________________________
Shelly Hasselbrink, Mayor
ATTEST:

Attachment 1
CC RESO 2022-05

Page 2 of 2 ends

______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 28, 2022 ITEM NUMBER: 10F
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, MMC, City Clerk
Subject: Support of Federal Per- and Polyfluoroalkyl Substances (PFAS) Legislation that Protects Ratepayers and Water/Wastewater Agencies

SUMMARY
Consideration of a Resolution supporting the Orange County Water District’s (OCWD’s) and Orange County Sanitation District’s (OCSD) legislative platform: CERCLA exemption for water and wastewater agencies that simply receive and treat for Per- and Polyfluoroalkyl Substances (PFAS); continued use of cost-benefit analysis in the establishment of future drinking water standards and request to provide funding for PFAS remediation to water and wastewater agencies.

RECOMMENDATION
Adopt Resolution No. 2021-08, entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS ALAMITOS, CALIFORNIA, SUPPORTING FEDERAL PER- AND

POLYFLUOROALKYL SUBSTANCES (PFAS), LEGISLATION THAT PROTECTS RATEPAYERS AND WATER AND WASTEWATER AGENCIES”.

BACKGROUND
Per- and polyfluoroalkyl substances (PFAS), which includes Perfluorooctanoic acid (PFOA) and Perfluorooctane Sulfonate (PFOS), are a large group of synthetic fluorinated organic chemicals used in many industries since the 1940s. Deemed the “Forever Chemical,” the unique chemical structure of PFAS make them exceptional surface-active agents for municipal, consumer and industrial products, with over thousands of compounds produced globally.

PFAS is essentially any product that is non-stick or water resistant. An example would be certain cooking pans, cleaning products and other similar products. The chemical properties of PFAS make them highly soluble, mobile and difficult to remove through chemical and biological processes employed in conventional water and wastewater Support Waste Water Agencies
February 28, 2022

Page 2 of 3 ends

treatment. Based on these properties, PFAS have been detected around the globe in groundwater and drinking water sources. Citizens across the country have had exposure to PFAS due to its discharge into our water systems by the manufacturers or through the use of PFAS containing products. Continued exposure to PFAS may result in adverse health effects according to the Environmental Protection Agency.

Current PFAS Mitigation
OCWD manages the Orange County Groundwater Basin that supplies 77% of the water supply to 2.5 million people in north and central Orange County. PFAS has been detected in this groundwater basin and OCWD is funding the cost (over 30 years) of over $1 Billion for the construction and operation of treatment facilities. Golden State Water Company which serves Los Alamitos residents, has found PFAS in one of the wells that serves its West County system, however, that well was taken out of service in 2019.

DISCUSSION
Both the Orange County Water District and Orange County Sanitation District have developed a legislative platform related to PFAS treatment and water quality regulations which the City should consider supporting. The platform has three tenets: 1) exemption from CERCLA liability for water and wastewater agencies, 2) inclusion of the longstanding cost-benefit analysis in development of water regulations and 3) funding for PFAS treatment.

In 1980, “Superfund” or as it is less commonly known, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provided the federal government with the authority and funding to address cleanup of toxic waste sites, and then pursue reimbursement of those costs by pursuing the pollutant manufacturers and the companies that caused the toxic waste site. CERCLA also gave citizens the right to sue “polluters” if the federal government didn’t sue the polluters.

Under legislation currently being considered by Congress (HR 2467, The PFAS Action Act of 2021), Congress will direct the EPA to declare PFAS a toxic chemical within one year of the adoption of the Act. At that time, the Orange County Groundwater Basin, because it contains PFAS, would come under CERCLA jurisdiction and OCWD would be considered polluters; this would open them up to third party citizen lawsuits as the federal government would not sue local water and wastewater agencies. Under its current language, H.R. 2467 contains an exemption from this liability for airports – OCWD (and OCSD, because they will also be subject to citizen lawsuits) are asking that they also be exempted from liability. This request is based upon the fact that both OCWD and OCSD had no responsibility for the presence of PFAS in their systems. The attached draft resolution supports changing the language of the current legislation to include an exemption for local water and wastewater agencies.

There have been potential amendments in recent months to the Safe Drinking Water Act that delete the long-standing cost benefit analysis. Under existing law, the USEPA ensures that public health benefits of new drinking water standards are reasonably Support Waste Water Agencies
February 28, 2022

Page 3 of 3 ends

balanced with the compliance costs that water system ratepayers will ultimately incur.

Eliminating this analysis would burden ratepayers of all income levels with substantial costs to comply with drinking water standards. As a result, the attached resolution supports the inclusion of cost-benefits analysis in the future water quality rulemaking process.

The final element of the legislative position supports Federal Government efforts to provide funding for PFAS remediation to water and wastewater agencies. Upon approval of the resolution, the City will send letters to various legislators requesting support for the platform.

Lisa Ohlund, consultant retained by the Orange County Water District to assist with this initiative, has indicated the following cities have adopted resolutions and/or sent letters of support for this item as of February 14, 2022:

Anaheim
Brea
Buena Park
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
La Habra
La Palma
Orange
Placentia
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
Westminster
Yorba Linda

FISCAL IMPACT
There is no fiscal impact with respect to approval of this specific resolution. There are potential cost increases or savings based on the individual elements of the legislative platform. Based upon existing pollution control laws, the City could face CERCLA liability for simply receiving and treating PFAS through its sewer system, which would significantly increase costs through third-party liability lawsuits. Additionally, should the cost-benefit analysis element of establishing water quality regulations be removed, the City could face significantly increased water and sewer costs that would be borne by City ratepayers.

Finally, City water ratepayers, could benefit from potential Federal funding opportunities for PFAS treatment if PFAS is ever found in regulated quantities in the water supplied to residents by Golden State Water Company.

Submitted by: Windmera Quintanar, MMC, City Clerk
Approved by: Chet Simmons, City Manager
Attachment: 1. Resolution No. 2021-08
RESOLUTION NO. 2022-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, SUPPORTING FEDERAL PFAS

LEGISLATION THAT PROTECTS RATEPAYERS AND

WATER/WASTEWATER AGENCIES
WHEREAS, PFAS are a group of chemicals developed by chemical manufacturers that would otherwise not exist naturally and despite playing no role in releasing PFAS into the environment, cities and water agencies must find ways to remove them from local water supplies; and,
WHEREAS, PFAS have been detected in the Orange County Groundwater Basin, managed by Orange County Water District, and are estimated to cost Orange County communities more than $1 billion, over 30 years—a cost that will likely increase; and, WHEREAS, Ratepayers are at risk from pending PFAS legislation and associated PFAS costs and water agencies and stakeholders must take action to inform members of Congress of these devastating impacts; and,
WHEREAS, All PFAS-related legislation must exempt water and wastewater agencies from any liability for PFAS cleanup costs; and, WHEREAS, A water utility that complies with applicable and appropriate federal management and treatment standards must not be responsible for current and future costs associated with a PFAS cleanup; and,
WHEREAS, Given the potential for federal legislation to expose water agencies that simply receive and treat water supplies with across-the-board liability for PFAS-related cleanups when they have no responsibility for the presence of PFAS, an explicit exemption from Superfund clean-up liability must be made for water and wastewater agencies; and,
WHEREAS, Under existing law (Safe Drinking Water Act), the USEPA ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur and eliminating this analysis would burden ratepayers of all income levels with astronomical costs to comply with drinking water standards; and,
WHEREAS, When setting drinking water standards for PFOA and PFOS, we advocate for the USEPA to use this longstanding methodology.

NOW, THEREFORE, THE CITY COUNIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct.

Attachment 1
CC RESO 2022-08

Page 2 ends

SECTION 2. The City Council hereby supports these federal PFAS policy principles to protect water/wastewater agencies and their ratepayers.

SECTION 3. The City Council calls upon the Orange County Congressional Delegation and California Senatorial Delegation to cast votes implementing these public policy positions.

SECTION 4. The City Clerk shall certify as to the adoption of this Resolution.

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 28, 2022 ITEM NUMBER: 10G
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Citywide Street Striping and Pavement Marking (CIP 21/22-02)

SUMMARY
The citywide striping program assists in maintaining safe and up-to-date striping, and pavement markings that comply with current Federal and State standards. The City has allocated $75,000 from Gas Tax and $25,000 from General fund (CIP 21/22-02), which includes the design and installation of striping and pavement markings. The Streets that will be updated in 2021-2022 budget include streets in Old Town West neighborhood, Old Dutch Haven neighborhood, Briggeman Street, and Cerritos Avenue.

RECOMMENDATION

2. Authorize Staff to solicit bids to begin facilitating the proposed striping and pavement markings.

BACKGROUND
Pavement markings are used to convey important safety messages to roadway users. It is of utmost importance to keep all pavement markings clear, concise, and up to date.

Drivers and pedestrians depend on this when entering a parking lot or neighborhood.

These days, drivers and pedestrians are more distracted than ever which makes clear pavement markings more important.

DISCUSSION
Willdan Engineering has prepared a signing, striping, and pavement marking plan to upgrade and update striping and pavement markings on selected city streets.

Citywide Striping CIP 21/22-02
February 28, 2022

Page 2 of 2 ends

The proposed striping on Florista Avenue in the Old Town West neighborhood between Oak Street and Los Alamitos Boulevard will narrow travel lanes to 10 feet wide in each direction. A painted median and a buffer zone would be installed to create space when opening car doors. The buffer zone would provide additional clearance to improve the visibility when backing up. Similar traffic calming measures have been installed on other streets in Old Town West neighborhood to reduce the vehicular speed and improve the pedestrian safety. The proposed striping will complete the striping on Sausalito Street between Oak Street to Los Alamitos Boulevard.

The new striping and pavement marking on Briggeman will provide a left turn and a shared through-left turn lane at the intersection of Briggeman and Los Alamitos Boulevard to improve the traffic flow and safety.

Staff is recommending upgrading the striping and pavement markings on Cerritos Avenue to improve the safety along Los Alamitos High School by narrowing the travel lanes to 11’ and installing bike lanes along Cerritos Avenue in both directions between Los Alamitos Boulevard and Bloomfield Avenue.

Attachment 1 present plans developed for Florista Street, Sausalito Street, Briggeman, Harrisburg Road, Snark Street, Cherry Street, Pine Street, Reagan Street, and Cerritos Avenue.

The estimated timeline for this project is listed below:
• 02/28/2022 Approval of plans & specifications by the City Council • 03/07/2022 Advertise project
• 03/29/2022 Bid opening
• 04/18/2022 Award of Contract (City Council Meeting)
• 04/23/2022 Start of construction
• 06/30/2022 End of construction

FISCAL IMPACT
Staff will solicit bids. The estimated cost for the proposed striping and pavement markings is $100,000. Gas Tax will provide $75,000 and the General Fund will provide $25,000 to fund the project.

Submitted by: Ron Noda, Acting Deputy City Manager
Fiscal Impact Reviewed by: Craig Koehler, Finance Director Approved by: Chet Simmons, City Manager
Attachment: 1. Bid and Specs for CIP No. 21/22-02

2. Plans for CIP No. 21/22-02

CITY OF LOS ALAMITOS

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
Citywide Striping and Pavement Markings
CIP 21/22-(02)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
MARCH 2022
NOTICE TO THE BIDDERS:

1. Contract bid documents: $15 at counter or $25 if purchased by mail (Prepaid amount/non-refundable).

2. Bid bond required – 10% of bid amount to be submitted with bid.

3. Bids must be received by 11 a.m. on the 29th day of March 2022 Attachment 1
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CITY OF LOS ALAMITOS

SPECIFICATIONS FOR

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

GENERAL REQUIREMENTS AND TECHNICAL PROVISIONS
PREPARED BY:

Willdan Engineering
2401 East Katella Avenue, Suite 300
Anaheim, Ca 92806
(714) 978-8200
Chris C. Kelley, P.E.

P.E. 83179
Expiration Date: 03-31-22

FOR THE CITY OF LOS ALAMITOS

PUBLIC WORKS DIVISION

DEVELOPMENT SERVICES DEPARTMENT
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SPC20-08

TABLE OF CONTENTS

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

SECTION
NOTICE INVITING SEALED BIDS.......................................................................................................... A INSTRUCTIONS TO BIDDERS .................................................................................................................B PROPOSAL INFORMATION AND DOCUMENTS..................................................................................C CONTRACT INFORMATION AND DOCUMENTS................................................................................ D STANDARD SPECIFICATIONS ................................................................................................................E SPECIAL PROVISIONS - 700 SERIES ......................................................................................................F SPECIAL PROVISIONS - ATTACHMENTS............................................................................................ G SPC20-08
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SPC20-08 SECTION A – Page 1

NOTICE INVITING SEALED BIDS

SECTION A

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

NOTICE INVITING SEALED BIDS
SPC20-08 SECTION A – Page 2

NOTICE INVITING SEALED BIDS
This page is intentionally left blank.

SPC20-08 SECTION A – Page 3

NOTICE INVITING SEALED BIDS

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Los Alamitos as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, 3191 Katella Avenue, Los Alamitos, CA 90720 up to the hour of 11:00 a.m., on the 29th day of March 2022. The bids will be publicly opened and read at 11:00 a.m. on the 29th day of March 2022, in the Los Alamitos City Hall Council Chambers.

The City of Los Alamitos proposes to remove existing marking and striping on Walnut Avenue between Katella Avenue and Sausalito Street and Chestnut Street between Katella Avenue and Cerritos Avenue.

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents.

Copies of the plans, specifications, and contract documents are available from the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, CA 90720 upon payment of a $15.00 non-refundable fee if picked up, or payment of a $25.00 non-refundable fee if mailed. In accordance with the provisions of California Public Contract Code § 3300, and Business and Professions Code § 7028.15(e), the Agency has determined that the contractor shall possess a valid Class A or C-10 contractor’s license at the time that the contract is awarded. Failure to possess the specified license shall render a bidder’s bid as nonresponsive and shall bar award of the contract to any bidder not possessing the specified license at the time of the award.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CA 95826. At the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material shall not be made unless and until the Registrar of Contractors verifies to the Agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractors’ State Board. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. (Public Contract Code § 20103.5) Bids must be prepared on the approved bid forms in conformance with INSTRUCTIONS TO BIDDERS and submitted in the envelopes provided, sealed and plainly marked on the outside:

SPC20-08 SECTION A – Page 4

NOTICE INVITING SEALED BIDS
“CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02”
DO NOT OPEN WITH REGULAR MAIL”
The bid must be accompanied by a bid guarantee in the amount of 10% of the total bid by 11:00 a.m. ON THE DATE ADVERTISED FOR THE OPENING OF BIDS. More specifically, pursuant to Public Contract Code §§ 20170 and 20171, all bids for the project shall be presented, under sealed cover and shall be accompanied by one of the following forms of bidder’s security in the amount of ten percent (10%) of the bid: (a) cash; (b) a cashier’s check made payable to the City of Los Alamitos; (c) a certified check made payable to the City of Los Alamitos; or (d) a bidder’s bond executed by an admitted surety insurer made payable to the City of Los Alamitos. Such security shall be forfeited should the successful bidder to whom the contract is awarded fails to timely execute the contract and to deliver the necessary bonds and insurance certificates as specified in the contract documents.

To the extent applicable, at any time during the term of the Agreement for the proposed project, the successful bidder may, at its own expense, substitute securities equivalent to the amount withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

Pursuant to California Civil Code § 3247, a payment bond is required to be submitted for all projects estimated in excess of $25,000.00.

The Agency has determined that the proposed project is a public works subject to the provisions of Labor Code § 1720 thereby requiring the Contractor to pay the prevailing wage rates for all work performed under the Contract.

The Agency reserves the right to reject any and all bids.

If you have any questions, please contact Chris Kelley, at (562) 431-3538 extension 301.

BY ORDER OF the City Council of the City of Los Alamitos, California.

SPC20-08 SECTION B – Page 1

INSTRUCTION TO BIDDERS

SECTION B

INSTRUCTIONS TO BIDDERS
SPC20-08 SECTION B – Page 2

INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
B1.01 INSPECTION OF SITE OF WORK
Bidders are required to inspect the site of the work to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work and as to the actual conditions of and at the site of work. If, during of his/her examination, a bidder finds facts or conditions which appear to him/her to conflict with the letter or spirit of the contract documents, or with any other data furnished him/her, he/she may apply to the Agency in writing in accordance with B1.04 INTERPRETATION OF CONTRACT DOCUMENTS for additional information and explanation before submitting his/her bid.

The submission of a proposal by the bidder shall constitute the acknowledgment that, if awarded the contract, he/she has relied and is relying on his/her own examination of (a) the site of the work, (b) the access to the site, and (c) all other data, matters, and things requisite to the fulfillment of the work and on his/her own knowledge of existing services and utilities on and in the vicinity of the site of the work to be constructed under the contract, and not on any representation or warranty of the Agency. No claim for additional compensation will be allowed which is based upon a lack of knowledge of these items.

B1.02 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, drawings and addenda (if any). The submission of a proposal shall constitute an acknowledgment upon which the Agency may rely that the bidder has thoroughly examined and is familiar with the contract documents. The bidders’ attention is directed to the need, if any, for special invoicing for this project. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him/her from any obligations with respect to his/her proposal or to the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract document.

B1.03 CONTRACT PERIOD/CONSTRUCTION COMPLETION DATE
Bidder’s attention is called to the provisions set forth in SECTION E, STANDARD SPECIFICATIONS, particularly those pertaining to the contract period and liquidated damages for avoidable delays.

The Contractor shall begin work within fifteen (15) calendar days after the date of the Notice to Proceed and shall diligently prosecute said work to completion before the expiration of 20 WORKING DAYS.

Contractor shall have sixty (60) calendar days for procurement time after the date in the Notice to Procure. No work shall be done until after procurement period ends. The Contractor shall pay to the Agency the sum of $500.00 per day, for each and every calendar day delay in finishing the work in excess of the number of working days prescribed above.

B1.04 INTERPRETATION OF CONTRACT DOCUMENTS
No oral interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing and delivered to the Agency at least ten (10) days before the time announced for opening the proposals. Interpretations by the Agency will be in the form of addenda to the contract documents and, when issued, will be sent as promptly as is practical to all parties to whom SPC20-08 SECTION B – Page 3

INSTRUCTION TO BIDDERS
the contract documents have been issued. Agency makes no guarantee that all bidders will receive all addenda. Copies of addenda will be made available for inspection at the office where contract documents are on file for inspection as indicated on the Invitation for Bids. All such addenda shall become part of the contract. All questions shall be addressed to Chris Kelley, City of Los Alamitos, (562)-431-3538, ext. 301
B1.05 SOIL INFORMATION
No soil report is required for this project.

B1.06 PROPOSAL
Proposals shall be made on the forms enclosed in SECTION C of these specifications with or without removal from the bound contract documents. All proposals shall give the prices proposed, both in words and in numbers, shall give all other information requested herein, and shall be signed by the bidder or his/her authorized representative, with his/her address. If the proposal is made by an individual, his/her name, signature and mailing address must be shown; if made by firm or partnership, the name and mailing address of the firm or partnership and the signature of at least one of the general partners must be shown; if made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and mailing address of the corporation, and the name and title of the person who signs on behalf of the corporation. If the proposal is made by a corporation, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished demonstrating the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, labeled as specified in SECTION A - NOTICE INVITING SEALED BIDS. Bidders are warned against making erasures or alterations of any kind, and proposals which contain omissions, erasures or irregularities of any kind may be rejected. No oral, telegraphic or telephonic proposals or modifications will be considered.

In conformance with the Business and Profession Code, § 7028.15, the Contractor must state clearly his/her license number and expiration date. In addition, he/she shall sign a statement that these representations were made under the penalty of perjury. This statement shall be made on the EXPERIENCE STATEMENT in SECTION C.

The contractor will be required to pay prevailing wage pursuant to California Law, including California Labor Code §§ 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the offices of the Agency.

B1.07 ADDENDA
Each proposal shall include specific acknowledgment in the space provided on SECTION C - BID PROPOSAL of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the proposal being rejected as not responsive.

B1.08 BID PRICES
Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendence, labor and services, except as may be provided otherwise in the contract documents. In the event of a difference between a price quoted in words and a price quoted in numbers for the same quotation, the words shall be the amount bid.

SPC20-08 SECTION B – Page 4

INSTRUCTION TO BIDDERS
In preparing bid prices, bidder represents that he/she has carefully examined the Contract Documents and the site where the work is to be performed and that he/she has familiarized himself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect the performance of the work in any manner. The bidder further represents that he/she has studied all surveys and investigation reports about subsurface and physical conditions pertaining to the job site, that he/she has performed such additional surveys and investigations as he/she deems necessary to complete the work at his/her bid price, and that he/she has correlated the results of all such data with the requirements of the Contract Documents. The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work.

The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as the Design Engineer supposes or believes them to exist, but is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the Agency, the Design Engineer and their consultants or agents shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise.

THE CONTRACTOR SHALL PERFORM AN INDEPENDENT TAKE-OFF of the plans and bid accordingly. Quantities listed in the BID SCHEDULE in SECTION C are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. Contractor shall be responsible for verifying all estimated quantities. Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for unauthorized work performed outside of that required by the Contract Documents.

B1.09 TAXES
No mention shall be made in the proposal of sales tax, use tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

B1.10 RECOGNITION OF BONDING COMPANIES
All bonding companies used by the Contractor in this contract must be recognized by the Federal Government within Circular 570. All proposals or contracts received that include bonds posted by bonding companies not recognized in Circular 570 will result in the disqualification of the bid proposal and forfeiture of the bid bond.

B1.11 QUALIFICATION OF BIDDERS
Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided in SECTION C.

Each bidder shall possess a valid Contractor’s License issued by the Contractor’s State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years-experience in the magnitude and character of the work bid.

It is the intention of the Agency to award a contract to a bidder who furnished satisfactory evidence that he/she has the requisite experience and ability, and that he/she has sufficient capital, facilities, and plant SPC20-08 SECTION B – Page 5

INSTRUCTION TO BIDDERS
to enable him/her to prosecute the work successfully and properly, and to complete it within the time stated in the contract.

To determine the degree of responsibility to be credited to the bidder, the Agency will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. If in the opinion of the Agency, a bidder is determined to be insufficiently qualified, then that bidder will not be considered for award of the contract.

B1.12 DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
Each proposal shall have listed on the DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS form provided in SECTION C the name and address of each subcontractor to whom the bidder proposes to sublet portions of the work in excess of one-half percent of the total amount of his/her bid. For the purpose of this paragraph, a subcontractor is defined as one who contracts with the Contractor to furnish materials and labor, or labor only for the performance of work at the site of the work or who will specially fabricate a portion of the work off the site pursuant to detailed drawings in the contract documents.

Public Contract Code § 4104 requires all bidders to list subcontractors who will perform work in excess of ½% of the total bid, or in the case of streets and highways, ½% or $10,000, whichever is greater.

Public Contract Code § 6109 prohibits a contractor from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7.

B1.13 PROPOSAL GUARANTEE
The proposal shall be accompanied by a proposal guarantee bond duly completed on the form provided herewith by a guarantee company authorized to carry on business in the State of California for payments to the Agency in the sum of at least 10% of the total amount of the bid proposal, or alternatively by a certified or cashier’s check payable to the Agency, or cash, in the sum of at least 10% of the total amount of the bid proposal. The amount payable to the Agency under the proposal guarantee shall be forfeited to the Agency in case of failure or neglect of the bidder to furnish, execute and deliver to the Agency the required bonds, evidence of insurance and to enter into, execute and deliver to the Agency the agreement on the form provided herewith, within ten (10) days after being notified in writing by the Agency that the award has been made and the agreement is ready for execution.

B1.14 MODIFICATION OF PROPOSAL
A modification of a bid proposal already received will be considered only if the modification is received before the time announced for the opening of bids. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid proposal.

B1.15 WITHDRAWAL OF PROPOSAL
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the Agency’s designated official prior to the bid opening hour stipulated in SECTION A – NOTICE INVITING SEALED BIDS. Proposals may not be withdrawn after that time without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

B1.16 POSTPONEMENT OF BID OPENING
The Agency reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced in SECTION A–NOTICE INVITING SEALED BIDS.

SPC20-08 SECTION B – Page 6

INSTRUCTION TO BIDDERS
B1.17 DISQUALIFICATION OF BIDDERS
If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified.

This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor.

B1.18 REJECTION OF PROPOSALS
The Agency reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required; in which unit prices are unbalanced in the opinion of the Agency; which are accompanied by insufficient or irregular bid security; or which are from bidders who have previously failed to perform properly or to timely complete contracts of any nature.

B1.19 AWARD OF CONTRACT
The Contract will be awarded, if at all, to the lowest responsible and responsive bidder, whose bid proposal is not rejected for cause by the Agency. However, until an award is made, the Agency reserves right will be reserved to reject any or all bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the Agency. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom it is proposed to make such an award.

Each bidder’s attention is directed to the possibility that the award of the project may be delayed for various reasons. The Agency reserves the right to delay the award of the project for 45 calendar days.

After 45 calendar days, the low bidder may at any time request release from its bid without penalty.

The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the bidder whose proposal is accepted. No other act of the Agency shall constitute acceptance of a proposal. The award of contract shall obligate the bidder whose proposal is accepted to furnish a performance bond, payment bond and maintenance bond, as well as evidence of insurance and to execute the contract set forth herein.

B1.20 RETURN OF PROPOSAL GUARANTEES
Within ten (10) calendar days after the bids are opened, the Agency will release the proposal guarantees accompanying the proposals which are not to be considered in making the award. Proposal guarantees for the two lowest bidders will be held until the contract has been fully executed, after which they will be returned to the respective bidders.

B2.21 EXECUTION OF CONTRACT
The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds and evidence of insurance, within ten (10) calendar days after the notification of the contract award by the Agency in writing. In case of failure of the successful bidder to execute the contract agreement within ten (10) calendar days after such notice, or any subsequent extension approved by Agency, the Agency at its option may consider the bidder in default, in which case the bid bond or proposal guarantee accompanying the bid shall become the property of the Agency. After execution by the Agency, one original contract shall be returned to the Contractor.

SPC20-08 SECTION B – Page 7

INSTRUCTION TO BIDDERS
B1.22 FLEXIBILITY OF BID SCHEDULE
It is the intent of the Agency to award a contract to the lowest responsible and responsive bidder and the flexibility shown in the bid schedule is necessary to ensure a project within the Agency’s budget limits and constraints.

SPC20-08 SECTION C – Page 1

PROPOSAL INFORMATION AND DOCUMENTS

SECTION C

PROPOSAL INFORMATION AND DOCUMENTS
 BID PROPOSAL
 BID SCHEDULE
 BID BOND
 BID GUARANTEE
 BIDDER INFORMATION
 EXPERIENCE STATEMENT
 DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
SPC20-08 SECTION C – Page 2

PROPOSAL INFORMATION AND DOCUMENTS

BID PROPOSAL

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned, as bidder, declares that he/she has examined all of the contract documents and specifications contained in this project manual for the above referenced project, and that he/she will contract with the Agency on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained.

The following are included and are to be considered as forming a part of this proposal: BID

PROPOSAL, BID SCHEDULE, BID BOND, NONCOLLUSION AFFIDAVIT, BID GUARANTEE (if submitted in lieu of Bid Bond), BIDDER INFORMATION, EXPERIENCE STATEMENT, DESIGNATION OF SUPPLIERS & SUBCONTRACTORS, BIDDER’S STATEMENT REGARDING INSURANCE COVERAGE, and STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS.

Contractor acknowledges receipt and inclusion of addenda ______ to ______ into this bid proposal and the contract documents.

Attached is a Bid Bond duly completed by a guarantee company authorized to carry on business in the State of California in the amount of at least 10% of the total amount of this proposal, or alternatively, there is attached a certified or cashier’s check payable to the Agency or evidence of a cash payment to the Agency, in the amount of at least 10% of the total amount of our proposal.

If this proposal is accepted, we agree to sign the contract form and to furnish the Performance Bond and the Payment Bond (each to be 100% of the bid amount), the Maintenance Bond (to be 50% of the bid amount), and the required evidences of insurance within ten (10) calendar days after receiving written Notice of Award of Contract.

We further agree if our proposal is accepted and a contract for the performance of the work is entered into with the Agency, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in SECTION E - TIME OF COMPLETION.

NAME OF BIDDER: ____________________________________________________________ MAILING ADDRESS: ___________________________________________________________ STATE OF INCORPORATION: ___________________________________________________ AUTHORIZED SIGNATURE: ____________________________________________________ TITLE: _______________________________________________________________________ DATE: _______________________________________________________________________ (If Company is a Corporation, provide corporate resolution per B 1.06 PROPOSAL.) SPC20-08 SECTION C – Page 3

PROPOSAL INFORMATION AND DOCUMENTS

BID SCHEDULE

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The cost of all labor, services, material, equipment and installation necessary for the completion of the work itemized under this schedule, even though not shown or specified, shall be included in the unit price for the various items shown herein. For a description of the work associated with each bid item, see SECTION E–SPECIAL PROVISIONS. The Agency reserves the right to increase or decrease the quantity of any item or omit items as may be necessary, and the same shall in no way affect or void the contract, except that appropriate additions or deductions from the contract total price will be made at the stipulated unit price in accordance with these Contract Documents.

The Agency reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the Agency.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in this Bid Schedule are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The Contractor shall be responsible for verifying all estimated quantities. The Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents, including addenda, and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for work performed for his convenience, or as required to adapt to field conditions, or for unauthorized work performed outside of that required by the Contract Documents.

The Contractor shall be responsible for calculating and providing totals for the bid schedule. The proposal schedule shall include all costs for labor, services, material, equipment, and installation associated with completing the work in place per the plans, specifications and details.

NAME OF BIDDER:

CONTRACTOR’S LICENSE NO.:

AUTHORIZED SIGNATURE:

TITLE:

DATE:

SPC20-08 SECTION C – Page 4

PROPOSAL INFORMATION AND DOCUMENTS
BID SCHEDULE (Continued)

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

BID SCHEDULES

CITYWIDE PAVMENT MARKING AND STRIPING INSTALL
No. Item Description Estimated
Quantity
Unit Unit Price Item Amount
1 Detail 8 5,420 LF $ $
Detail 9 200 LF
2 Detail 22 2,350 LF
3 Detail 27B 6,260 LF
4 Detail 29 1,240 LF
5 Detail 32 700 LF
6 Detail 38 2,300 LF
7 Detail 39 3,620 LF
8 Detail 39A 750 LF
9 Detail 40 150 LF
10 Pavement Markings 1,960 SF
11 6-inch striping 2020 LF
12 12-inch striping 1370 LF
13 24-inch striping 700 LF
14 Sign- Install 4 EA
15 Sign and Post-Install 5 EA
16 Sign and Post-Remove 3 EA
Subtotal

CITYWIDE PAVMENT MARKING AND STRIPING REMOVAL
No. Item Description Estimated
Quantity
Unit Unit Price Item Amount
1 Sandblasting 12,900 LF $ $
2 Sandblasting 1,580 SF
Subtotal
Bid Schedule Total $
Bid Schedule Total (in words):
_____________________________________________________________________________________ The Contractor shall be responsible for calculating and providing unit prices for the schedule. The proposal schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.

(Company Name of Bidder) (Date)
SPC20-08 SECTION C – Page 5

PROPOSAL INFORMATION AND DOCUMENTS

BID BOND

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS that Bidder ________________________, as PRINCIPAL, and ______________________, as SURETY, are held and firmly bound unto the City of Los Alamitos as AGENCY, in the penal sum of ___________________________________________________________ dollars ($____________________), which is ten percent (10%) of the total amount bid by PRINCIPAL to AGENCY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the AGENCY may accept such Bid; and said SURETY does hereby waive notice of any such extension.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRINCIPAL in the manner and time specified, and PRINCIPAL provides the required payment and performance bonds and insurance coverages to AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this__ day of ......................................, 2022.

PRINCIPAL* _____________________________________________. _____________________________________________
_____________________________________________
SURETY* _____________________________________________
_____________________________________________
_____________________________________________
*Provide BIDDER and SURETY name, address and telephone number and the name, title, address and telephone number for their authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this ........... day of..............................., 2022.

NOTARY PUBLIC _______________________________________________ (SEAL) SPC20-08 SECTION C – Page 6

PROPOSAL INFORMATION AND DOCUMENTS

BID GUARANTEE

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Note: The following statement shall be used if other than a bid surety bond accompanies bid. “Accompanying this proposal is a money order*, certified check*, cashier’s check*, cash*, payable to the order of the City of Los Alamitos in the amount of
_______________________________________________ Dollars ($__________________) which is at least ten percent (10%) of the total amount of this bid. The proceeds of this bid guarantee shall become the property of the City of Los Alamitos provided this bid is accepted by said City, through action of its legally constituted contracting authorities, and the undersigned fails to execute a contract and furnish the required bonds and insurance within the stipulated time. Otherwise, the proceeds of this bid guarantee shall be returned to the undersigned.”
NAME OF BIDDER:

MAILING ADDRESS:

AUTHORIZED SIGNATURE:

TITLE:

DATE:
(*Delete the inapplicable words)
SPC20-08 SECTION C – Page 7

PROPOSAL INFORMATION AND DOCUMENTS

BIDDER INFORMATION

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
BIDDER certifies that the following information is true and correct:

Name of Bidder:

Business Address:

Telephone: FAX:

E-mail:

Contractor’s License No.: Date License Issued:

License Expiration Date:

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: (Name / Title / Address / Telephone)
Any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: (Type of Judgment / Date)
All current and prior DBA’s, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: (Principal / DBA’s / Applicable Dates) SPC20-08 SECTION C – Page 8

PROPOSAL INFORMATION AND DOCUMENTS
Prior Disqualification
Has your firm ever been disqualified from performing work for any City, County, Public or Private Contracting entity? Yes / No _________. If yes, provide the following information. (If more than once, use separate sheets):

Date: Entity:

Location:

Reason:

Provide Status and any Supplemental Statement:

Has your firm been reinstated by this entity? Yes / No
Violations of Federal or State Law
A. Has your firm or its officers been assessed any penalties by any agency for noncompliance, violations of Federal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes / No: Federal / State:

If “yes”, identify and describe, (including status):

Have the penalties been paid? Yes / No:___________________ SPC20-08 SECTION C – Page 9

PROPOSAL INFORMATION AND DOCUMENTS
B. Does you firm or its officers have any ongoing investigations by any AGENCY regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws?
Yes / No: Codes / Laws: Section / Article:

If “yes”, identify and describe (including status):

I declare under penalty of perjury under the laws of the State of California that all of the representations made in this BIDDER INFORMATION are true and correct. Executed this __________________ day of _______________________________, 2022, at _____________________________________, California.

Authorized Representative Signature and Title________________________________________ SPC20-08 SECTION C – Page 10

PROPOSAL INFORMATION AND DOCUMENTS

EXPERIENCE STATEMENT

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder’s experience in construction of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor’s License Board.

Project Title:__________________________________ Client:_______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client:_______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
SPC20-08 SECTION C – Page 11

PROPOSAL INFORMATION AND DOCUMENTS
EXPERIENCE STATEMENT (Continued)

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Project Title:__________________________________ Client:_______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client:_______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this EXPERIENCE STATEMENT are true and correct. Executed this __________________ day of _______________________________, 20__, at _____________________________________, California.
_________________________________________________________________ Authorized Representative Signature and Title
SPC20-08 SECTION C – Page 12

PROPOSAL INFORMATION AND DOCUMENTS

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
The following is a list of subcontractors and suppliers, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work or provide materials of value in excess of one-half percent of the total bid price or $5,000, whichever is greater.

No subcontractor shall perform work in excess of the amount specified in 2-3 SUBCONTRACTS of the Standard Specifications, without the written approval of the Agency.

The Contractor is responsible to ensure that appropriate provisions are to be inserted in all subcontracts to bind subcontractors to the contract requirements as contained herein.

Each subcontractor must agree to comply with all applicable Federal, State, and local requirements.

Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)
SPC20-08 SECTION C – Page 13

PROPOSAL INFORMATION AND DOCUMENT
Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)
These representations are made under the penalty of perjury under the laws of the State of California.

The undersigned hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.

NAME OF BIDDER: _________________________________________________________ AUTHORIZED SIGNATURE: __________________________________________________ Date: _____________________________
SPC22-02 SECTION D – Page 1

CONTRACT INFORMATION AND DOCUMENTS

SECTION D

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

CONTRACT INFORMATION AND DOCUMENTS
 CONTRACT AGREEMENT
 PAYMENT BOND
 FAITHFUL PERFORMANCE BOND
 MAINTENANCE BOND
 NON-COLLUSION AFFIDAVIT
 WORKER’S COMPENSATION INSURANCE CERTIFICATE
 INSURANCE ENDORSEMENT
 STATEMENT RE INSURANCE COVERAGE
 STATEMENT RE THE CONTRACTOR’S LICENSING LAWS
SPC22-02 SECTION D – Page 2

CONTRACT INFORMATION AND DOCUMENTS

ARTICLES OF AGREEMENT

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

THIS CITYWIDE STRIPING AND PAVEMENT MARKING PROECT,
SPECIFICATION NO. CIP 21/22-02 AGREEMENT (“AGREEMENT”) is made and entered into for the above-stated project this __ day of Month, 20XX (Council Action Date Here), BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter designated as “AGENCY”, and CONTRACTOR’S BUSINESS NAME, a ____________ (State) ___________ (corporation, partnership, limited liability company, or other business form), hereafter designated as “CONTRACTOR.”
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the CITYWIDE STRIPING AND PAVEMENT MARKING PROECT, SPECIFICATION NO. CIP 21/22-02, shall consist of the Notice Inviting Sealed Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

ARTICLE II: Scope of Work
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and equipment and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

AGENCY hereby employs CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices provided herein, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in this AGREEMENT.

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this AGREEMENT, CONTRACTOR offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (Section 16700, et seq.) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

SPC22-02 SECTION D – Page 3

CONTRACT INFORMATION AND DOCUMENTS
ARTICLE III: Compensation
A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sun of Dollars ($ ,) unless specifically approved in advance and in writing by AGENCY Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

B. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

C. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with AGENCY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR upon Agency’s confirmation of CONTRACTOR’S satisfactory completion of this AGREEMENT. At any time during the term of this AGREEMENT CONTRACTOR may, at its own expense, substitute securities for funds otherwise withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

ARTICLE IV: Labor Code
AGENCY and CONTRACTOR acknowledge that this AGREEMENT is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and public agencies and agree to be bound by all the provisions thereof as though set forth fully herein. Full compensation for conforming to the requirements of the Labor Code and with other Federal, State and local laws related to labor, and rules, regulations and ordinances which apply to any work performed pursuant to this AGREEMENT is included in the price for all contract items of work involved.

This AGREEMENT is further subject to prevailing wage law, including, but not limited to, the following:

A. The CONTRACTOR shall pay the prevailing wage rates for all work performed under the AGREEMENT. When any craft or classification is omitted from the general prevailing wage determinations, the CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. The CONTRACTOR shall SPC22-02 SECTION D – Page 4

CONTRACT INFORMATION AND DOCUMENTS
forfeit as a penalty to AGENCY $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation of the provisions of the Labor Code whether such worker is employed in the execution of the work by CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay each worker the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

B. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by all of its subcontractors.

C. Pursuant to Labor Code § 1776, CONTRACTOR and any subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this AGREEMENT. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code §§ 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.

D. This AGREEMENT is further subject to 8-hour workday and wage and hour penalty law, including, but not limited to, Labor Code Sections 1810 and 1813, as well as California nondiscrimination laws, as follows:

CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8- hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or sexual orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by CONTRACTOR’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to AGENCY $25.00 or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by CONTRACTOR or by any Subcontractor of CONTRACTOR, for each Calendar Day during which such worker is required or permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the Labor Code.

E. This AGREEMENT is subject to Public Contract Code Section 6109:

CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Sections 1777.1 or 1777.7 of the Labor Code.

SPC22-02 SECTION D – Page 5

CONTRACT INFORMATION AND DOCUMENTS
ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and specifications made a part of the invitation for bids. The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.

B. To the extent that the work requires trenches in excess of five feet (5’) and is estimated to cost more than $25,000, prior to any excavation, CONTRACTOR must provide the AGENCY, or a registered civil or structural engineer employed by the AGENCY to whom authority has been delegated to accept such plans, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

C. This AGREEMENT is further subject to Public Contract Code Section 7104 with regard to any trenches deeper than four feet (4’) involved in the proposed work as follows:

CONTRACTOR shall promptly, and before the following conditions are disturbed, notify AGENCY, in writing, of any:
(1) Material that CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by all available information provided prior to the deadline for submission of bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s cost of, or the time required for, performance of any part of the work, AGENCY shall issue a change order under the procedures described in this AGREEMENT.

In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR’s cost of, or time required for, performance of any part of the work, SPC22-02 SECTION D – Page 6

CONTRACT INFORMATION AND DOCUMENTS
CONTRACTOR shall not be excused from any scheduled completion date provided in the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT.

CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

ARTICLE VI: Insurance
A. With respect to performance of work under this AGREEMENT, CONTRACTOR shall maintain, and shall require all of its subcontractors to maintain, insurance as required by Section E “Standard Specifications” of the Contract Documents.

B. This AGREEMENT is further subject to Workers’ Compensation obligations, including, but not limited to, California Labor Code Sections 1860 and 1861 as follows:

CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR.

CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected.

CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

ARTICLE VII: Indemnification
To the fullest extent permitted by law, CONTRACTOR shall, at its sole cost and expense, fully defend, indemnify and hold harmless AGENCY, its authorized representatives and their respective subsidiaries, affiliates, members, directors, officers, employees and agents (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses, including but not limited to any fees of accountants, attorneys or other professionals (collectively “Liabilities”), arising out of, in connection with, resulting from or related to, any act, omission, fault or negligence of CONTRACTOR, CONTRACTOR’s Representative, or any of its officers, agents, employees, Subcontractors or Suppliers, or any person or organization directly or indirectly employed by any of them (Collectively, the “Indemnitors”), in connection with or relating to or claimed to be in connection with or relating to the work performed under this AGREEMENT.

If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR SPC22-02 SECTION D – Page 7

CONTRACT INFORMATION AND DOCUMENTS
contained in, resulting from or assumed under this AGREEMENT, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder.

ARTICLE VIII: Binding Effect
AGENCY and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto and to its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. This AGREEMENT is not assignable nor the performance of either party’s duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

ARTICLE IX: Dispute Resolution
A. In the event of a dispute arising out of the terms of this AGREEMENT, including any action brought to declare the rights granted herein or to enforce any of the terms of this AGREEMENT, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses.

Any court action arising out of this AGREEMENT shall be filed in the Los Angeles County Superior Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the City of Los Angeles or the City of Los Alamitos, California.

B. AGENCY shall have full authority to compromise or otherwise settle any claim relating to this AGREEMENT or any part hereof at any time. AGENCY shall provide timely notification to CONTRACTOR of the receipt of any third-party claim relating to this AGREEMENT. AGENCY shall be entitled to recover its reasonable costs incurred in providing the notification required by this section.

C. This AGREEMENT is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by Contractor, for the response to such claims by the Agency, for a mandatory meet and confer conference upon the request of Contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the parties’ failure to resolve the dispute through mediation. This AGREEMENT hereby incorporates the provisions of Article

1.5 as though fully set forth herein.

ARTICLE X: Independent Contractor
CONTRACTOR is and shall at all times remain as to AGENCY, a wholly independent contractor. Neither AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth.

CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of AGENCY.

SPC22-02 SECTION D – Page 8

CONTRACT INFORMATION AND DOCUMENTS
ARTICLE XI: Taxes
CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this AGREEMENT. The CONTRACTOR is responsible for ascertaining and arranging to pay such taxes and duties. The prices established in this AGREEMENT shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect as of the execution of this AGREEMENT.

ARTICLE XII: Notices
All notices and communications shall be sent in writing to the parties at the following addresses:

AGENCY: Chris Kelley CONTRACTOR: [INSERT CONTACT]
CITY OF LOS ALAMITOS CONTRACTOR’S BUSINESS NAME
3191 Katella Avenue Mailing Street Address
Los Alamitos, CA 90720 City, State Zip Code
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

The benefits and obligations of this AGREEMENT shall inure to and be binding upon the representatives, agents, partners, heirs, successors and assigns of the parties hereto. This AGREEMENT shall be construed pursuant to the laws of the State of California.

ARTICLE XIV: Authority to Contract
The signatories hereto represent that they are authorized to sign on behalf of the respective parties they represent and are competent to do so, and each of the parties hereto hereby irrevocably waives any and all rights to challenge signatures on these bases.

ARTICLE XV: General Provisions
A. All reports, documents or other written material (“written products” herein) developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of AGENCY without restriction or limitation upon its use or dissemination by AGENCY. CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR.

SPC22-02 SECTION D – Page 9

CONTRACT INFORMATION AND DOCUMENTS
B. In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.

C. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement.

Should there be any conflict between such heading, and the section or paragraph at the head of which it appears, the section or paragraph hereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

D. The waiver by AGENCY or CONTRACTOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by AGENCY or CONTRACTOR unless in writing.

E. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this Xth day of Month, 20XX (Council Action Date Here)
CONTRACTOR: Contractor’s Business Name
__________________________________________
Contractor’s Sign Name, Title
Contractor’s License No. XXXXXX
Subscribed and sworn to this _______ day of _________, 20__.

NOTARY PUBLIC ______________________________________________ (SEAL) SPC22-02 SECTION D – Page 10

CONTRACT INFORMATION AND DOCUMENTS
AGENCY: ______________________________ __________
Mayor Date
City of Los Alamitos
ATTESTED: ______________________________ __________
Windmera Quintanar, MMC, City Clerk Date
City of Los Alamitos

APPROVED AS
TO FORM: ______________________________ __________
Michael S. Daudt, City Attorney Date
City of Los Alamitos
(E X E C U T E I N D U P L I C A T E)
SPC22-02 SECTION D – Page 11

CONTRACT INFORMATION AND DOCUMENTS

PAYMENT BOND

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project;
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law; NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION IS SUCH that if CONTRACTOR, its heirs, executors, administrators, successors, assigns or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor withheld, and to pay over to the Employment Development Department from the wages of employees of the CONTRACTOR and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the plaintiffs and AGENCY in an amount to be fixed by the court.

This bond shall inure to the benefit to any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. The SURETY hereby waives notice of any such change, extension, alteration or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies AGENCY may have.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of ________________, 20__.

Contractor* Contractor’s Signer’s Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
Surety* _________________________________________________ _________________________________________________
_________________________________________________
________________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of _____________________, 20__.

NOTARY PUBLIC........................................................................................................ .......................................................................................................................................(SEAL) (E X E C U T E I N D U P L I C A T E)

FAITHFUL PERFORMANCE BOND
SPC22-02 SECTION D – Page 12

CONTRACT INFORMATION AND DOCUMENTS

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That Contractor’s Business Name, hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and
, a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LOS ALAMITOS, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for the project entitled: CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT PROECT, SPECIFICATION NO. CIP 21/22-02 CONTRACT which Contract is by this reference incorporated herein, and is required by AGENCY to give this Bond in connection with the execution of the Contract;
NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

In the event suit is brought upon this Bond by AGENCY and judgment is recovered, said Surety shall pay all costs incurred by AGENCY in such suit, including a reasonable attorney’s fee to be fixed by the Court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this_____day of , 20__
Contractor* Name, Title of Signer
SURETY*
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of ______________ , 20__

NOTARY PUBLIC (SEAL)
(E X E C U T E I N D U P L I C A T E)
SPC22-02 SECTION D – Page 13

CONTRACT INFORMATION AND DOCUMENTS

MAINTENANCE BOND

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the abovestated project.

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of DESCRIBE VERBALLY; 50% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX), which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if CONTRACTOR shall remedy without cost to AGENCY any defects which may develop during a period of one (1) year from the date of recordation of the Notice of Completion of the work performed under the contract, provided such defects are caused by defective or inferior materials or work, then this obligation shall be void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the AGENCY in an amount to be fixed by the court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of
, 20__.

Contractor* Contractor’s Signer’s Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
SURETY* ______________________________________________
______________________________________________
______________________________________________
______________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Powers of Attorney must be attached.

Subscribed and sworn to this day of , 20__.

NOTARY PUBLIC
(SEAL)
SPC22-02 SECTION D – Page 14

CONTRACT INFORMATION AND DOCUMENTS
(EXECUTE IN DUPLICATE)

NON-COLLUSION AFFIDAVIT
The undersigned declares:

I am the _______________ of _______________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______[date], at _____________[city], ______________[state].
__________________________
Signature of Declarant
__________________________
Printed Name of Declarant
SPC22-02 SECTION D – Page 15

CONTRACT INFORMATION AND DOCUMENTS

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

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

DATE: Contractor’s Business Name .
(Contractor)
By:
(Signature)
(Title)
Attest:

By:
(Signature)
(Title)
Note: See Section 7 Responsibility of the Contractor, Paragraph 7-3 of the Standard Specifications for insurance carrier rating requirements.

SPC22-02 SECTION D – Page 16

CONTRACT INFORMATION AND DOCUMENTS

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

ENDORSEMENTS TO INSURANCE POLICY
Name of Insurance Company:

Policy Number:

Effective Date:

The following endorsements are hereby incorporated by reference into the attached Certificate of Insurance as though fully set forth thereon:

1. The naming of an additional insured as herein provided shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured, and

2. The additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extensions thereof, and

3. The additional insured named herein shall not by reason of being so named be considered a member of any mutual insurance company for any purpose whatsoever, and

4. The provisions of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of the additional insured named herein without first giving such additional insured twenty (20) days’ written notice.

5. Any other insurance held by the additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance, which is referred to by this certificate.

6. The company provided insurance for this certificate is a company licensed to do business in the State of California with a Best’s rating of A+ VIII or greater.

It is agreed that the City of Los Alamitos, its officers and employees, are included as Additional Insureds under the contracts of insurance for which the Certificate of Insurance is given.

Authorized Insurance Agent
Date:

SPC22-02 SECTION D – Page 17

CONTRACT INFORMATION AND DOCUMENTS

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

STATEMENT REGARDING INSURANCE COVERAGE
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 7-3 LIABILITY INSURANCE of Section E, Standard Specifications. Should Bidder be awarded the contract for the work, the undersigned further certifies that Bidder can meet all of these specification requirements for insurance including insurance coverage of his/her subcontractors.

NAME OF BIDDER:

MAILING ADDRESS:

AUTHORIZED SIGNATURE:

TITLE:

DATE:

SPC22-02 SECTION D – Page 18

CONTRACT INFORMATION AND DOCUMENTS

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor’s license as set forth below:

Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
c) This section shall not apply to a joint venture license, as required by Section 7029.1.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser. d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void. f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.

SPC22-02 SECTION D – Page 19

CONTRACT INFORMATION AND DOCUMENTS
g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.

However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

Contractor’s License Number: _____________________________________________ License Expiration Date: _____________________________________________ Authorized Signature: _____________________________________________ Date: _____________________________________________
SPC20-08 SECTION E - Page 1

STANDARD SPECIFICATIONS

SECTION E

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

E-STANDARD SPECIFICATIONS
SPC20-08 SECTION E - Page 2

STANDARD SPECIFICATIONS

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

STANDARD SPECIFICATIONS
0-1 STANDARD SPECIFICATIONS
Except as hereinafter amended, the provisions of the 2018 Edition of the “Green Book,” Standard Specifications for Public Works Construction (“SSPWC”), with the latest Supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and these modifications thereto are adopted as the “Standard Specifications” for the Agency. These Standard Specifications will be numbered as Sections 0 through 600 per the SSPWC.
0-2 NUMBERING OF SECTIONS
The numbering of sections and subsections in these amendments and modifications are compatible with the numbering of sections in the SSPWC. The Special Provisions stated below will be numbered as Sections 700 through 799. Subsections of architectural work may be numbered according to the Construction Specifications Institute (“CSI”) format.
0-3 AMENDMENTS AND MODIFICATIONS
The following sections of the SSPWC are amended as provided herein. In the event of any inconsistencies between the amendments outlined herein and the SSPWC, these amendments shall control.
1-2 DEFINITIONS
Add the following:

Agent—Shall include persons and companies, other than the Contractor, retained by the City to perform design and construction services in relation to the Work.

Acceptance—The Agency’s formal written acceptance of a project that has been completed in all respects in accordance with the plans and specifications and any modifications thereof.

City—The City of Los Alamitos, California, as the Agency and Owner.

City Council—City Council of the City of Los Alamitos, California.

Construction Manager—Persons and/or company retained by the City to perform construction management services.

Design Engineer—Persons and/or company retained by the City to perform engineering design services.

Due Notice—A written notification, provided in due time, of a proposed action, where the contract requires such notification within a specified time (usually 48 hours or two working days) prior to the commencement of the contemplated action.

Engineer—The City Engineer of the City of Los Alamitos, or his/her authorized representative.

SPC20-08 SECTION E - Page 3

STANDARD SPECIFICATIONS
Geotechnical Engineer—Person licensed to practice Soils Engineering or Geotechnical Engineering pursuant to the laws of the State of California and retained by the Agency during construction.

Prompt—The briefest interval of time required for a considered reply, including time required for approval by a governing body.

Standard Plans— “Standard Plans for Public Works Construction” - Latest edition of the Southern California Chapter of the American Public Works Association.

State Standard Specifications (“SSS”)—Standard Specifications prepared by the State of California, Business and Transportation Agency, Department of Transportation.

State Standard Plans (“SSP”)—Standard Plans prepared by State of California, Business and Transportation Agency, Department of Transportation.

Working Days—Any days, except: (1) Saturdays, Sundays, legal holidays on which Los Alamitos City Hall is closed for business; (2) days when work is suspended by the Engineer for reasons unrelated to the performance of the contractor, and provided in Subsections 6-3 and 6-3.1; and (3) days determined to be non-working in accordance with Section 6-7 “Time of Completion”. 1-3.3 INSTITUTIONS
Add the following:

ACI American Concrete Institute
AGCA Associated General Contractors of America
APWA American Public Works Association
ASME American Society of Mechanical Engineers
CRSI Concrete Reinforcing Steel Institute
CSI Construction Specifications Institute
IEEE Institute of Electric and Electronic Engineers
NFPA National Fire Protection Association
SSS State of California Standard Specifications, latest edition, Department of Transportation SSP State of California Standard Plans, latest edition, Department of Transportation.

SSPWC Standard Specifications for Public Works Construction, as specified in Subsection 0-1 NEMA National Electrical Manufacturers Association
SPC20-08 SECTION E - Page 4

STANDARD SPECIFICATIONS
1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 GENERAL
Delete the third paragraph and replace with the following:

Subcontracting of more than one-half of one percent of the work for which no Subcontractor was designated in the original Bid will be allowed only in cases of public emergency or necessity and only after the Engineer makes a written finding of circumstances constituting public emergency or necessity.

Delete the fourth paragraph and replace with the following:

The Contractor must obtain written consent of the City Council to substitute a Subcontractor designated in the original Bid, to permit any subcontract to be assigned or transferred, or to otherwise allow a subcontract to be performed by anyone other than the originally designated Subcontractor.

Delete the fifth paragraph and replace with the following:

A violation of any of the above provisions will be considered a violation of the Contract, and the City may cancel the Contract and collect appropriate damages or assess the Contractor a penalty of not more than ten (10) percent of the subcontract involved.

Add the following:

If subcontracted work is not being performed in a satisfactory manner, the City will notify the Contractor of the need to take corrective action and the Engineer may report the facts to the City Council. Upon order by City Council and the Contractor’s receipt of written instructions from the Engineer, the Subcontractor shall immediately be removed from the Work and may not again be employed on the Work.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 GENERAL
Add the following:

The City reserves the right to reject any or all proposals.

The Contract will be awarded, if at all, to the lowest responsible and responsive Bidder determined as provided on the Proposal Form, whose proposal complies with all the requirements prescribed. Such award, if made, will be made within the number of days stated in the proposal form. Refusal or failure to deliver the executed contract, bonds, or insurance in the form provided in the Contract and approved by the Agency’s attorney within the time provided herein shall be cause, at the Agency’s option, for the annulment of the award and forfeiture of the bid security. In such event, the Agency may successively award the Contract to the next lowest responsible and responsive Bidder until a properly executed Contract, bonds, and insurance is obtained, or it may at any time reject all remaining bids and proceed as provided by law. The refusal or failure of a successive lowest responsible and responsive Bidder to execute the Contract may, at the Agency’s option, result in an annulment of the award to that Bidder and the forfeiture of that Bidder’s bid security. The periods of time specified above within which the award of the Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Agency and the concerned Bidder.

SPC20-08 SECTION E - Page 5

STANDARD SPECIFICATIONS
The Agency reserves the right to waive any irregularities.

Within ten (10) calendar days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the Agency:

Contract Agreement (in duplicate)
Faithful Performance Bond (in duplicate)
Maintenance Bond (in duplicate)
Payment Bond (in duplicate)
Public Liability and Property Damage Insurance Certificate (two original) Additionally Insured Endorsement
Workers’ Compensation Insurance Certificate (two original) A corporation to which an award is made may be required, before the Contract agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
1-7.2 CONTRACT BONDS
Add the following:

The PAYMENT BOND shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The FAITHFUL PERFORMANCE BOND shall remain in force until the date of recordation of the Notice of Completion. The MAINTENANCE BOND shall remain in force until one (1) year after the date of recordation of the Notice of Completion.

All bonds must be accompanied by a Power of Attorney
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
Add the following paragraphs and subsections to Section 2-1:

Any plan or method of work suggested by the Agency or the Engineer to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Agency and the Engineer shall assume no responsibility therefore and in no way be held liable for any defects in the work which may result from or be caused by use of such plan or method of work.

The work includes, but is not necessarily limited to, the following items as shown on the plans and specified in these Special Provisions.
2-2 PERMITS
Delete the first paragraph and replace with the following:

Prior to the start of any work, the Contractor shall apply for and receive any applicable City, County, State, and Federal permits.

SPC20-08 SECTION E - Page 6

STANDARD SPECIFICATIONS
2-3 RIGHT-OF-WAY
Add the following:

When the Contractor arranges for additional work areas and facilities temporarily required by him/her, he/she shall provide the Agency with proof that the additional work areas and/or facilities have been left in a condition satisfactory to the owner(s) of said work areas and/or facilities prior to acceptance of the work.
2-4 COOPERATION AND COLLATERAL WORK
Add the following:

Contractor shall coordinate his/her work so as to minimize disruption to ongoing or scheduled private development projects in the project area.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 GENERAL
Add the following:

All final locations determined in the field, and any deviations from the Plans and Specification, shall be marked in red on the documents to show the as-built conditions. Contractor shall maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for the purpose of providing a basis for construction record drawings. No changes shall be made without prior written approval of the Engineer. Upon completion of the Project, Contractor shall deliver this record of all construction changes to the Engineer along with a letter which declares that other than these noted changes “the Project was constructed in conformance with the Contract Documents”. Final payment will not be made until this requirement is met.

As the figured dimensions shown on the drawings and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and drawings to a large scale shall be followed in preference to the drawings to a small scale. Should it appear that the work to be performed, or any related matter, are not sufficiently detailed or explained in the Contract documents, the Contractor shall apply to the Engineer for such further explanations as necessary, and shall conform to such further explanations provided by the Engineer as part of the Contract to the extent that it is consistent with the terms of the Contract.

Caution: The engineer preparing these plans will not be responsible or liable for unauthorized changes to or uses of these plans. All changes to the plans must be approved in writing by the Engineer.

SPC20-08 SECTION E - Page 7

STANDARD SPECIFICATIONS
SECTION 3 – CONTROL OF THE WORK
3-3 SUBCONTRACTORS
Delete the first paragraph and replace with the following:

All persons engaged in the Work, including Subcontractors and their employees, will be considered employees of the Contractor. The Contractor will be held responsible for their work. The Agency will deal directly and solely with the Contractor and make all payments to the Contractor. 3-5 INSPECTION
Add the following:

The Agency shall inspect for compliance with requirements for 8-hour days and 40-hour weeks on normal working days. The Contractor shall reimburse the Agency, at rates established by the Agency, for any additional inspection, including inspection on legal holidays. 3-10 SURVEY
3-10.1 GENERAL
Add the following:

The Contractor shall be responsible for all survey and layout of work.

The line and grades for construction will be parallel to and offset from the position of the work. From the established lines and grades, the Contractor shall extend the necessary lines and grades for construction of the work and shall be responsible for the correctness of same. 3-12 WORK SITE MAINTENANCE
3-12.2 AIR POLLUTION CONTROL
Add the following Subsection:
3-12.2.1 WORK AREA APPEARANCE
The Contractor shall maintain a neat appearance to the Work.

All unsuitable construction materials and rubbish and debris shall be regularly removed from the job site, be transported to a suitable location, and be disposed of in a proper and legal manner.

In any area visible to the public, the following shall apply:

1. Broken concrete and debris developed during clearing and grubbing shall be disposed of weekly.

2. The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily.

3. Forms or false work that are to be re-used shall be neatly stacked concurrent with their removal.

4. Forms and false work that are not to be re-used shall be disposed of with their removal.

SPC20-08 SECTION E - Page 8

STANDARD SPECIFICATIONS

5. Wash down from concrete trucks shall be at one location. Concrete from wash down procedures shall be removed from the site weekly.
3-12.3 NOISE CONTROL
Add the following:

A noise level limit of 85 dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases where required for the protection of personnel.

The Contractor shall arrange and maintain a secure storage site for all equipment and materials. All equipment and unused materials shall be returned to this site at the end of each work day. 3-12.6 WATER POLLUTION CONTROL
Add the following to Subsection 7-8.6:
3-12.6.1 General
This item shall consist of preparation, implementation and compliance with a storm water pollution prevention plan (SWPPP) for the project, if applicable. 3-12.6.2 BEST MANAGEMENT PRACTICES (BMPs)
All storm water pollution prevention measures shall be in accordance with the submitted SWPPP. In the event circumstances during the course of construction require changes to the original SWPPP, a revised plan shall be promptly submitted to the Agency’s representative in each instance. No responsibility shall accrue to the Agency as a result of the plan or as a result of knowledge of the plan. All work installed by the Contractor in connection with the SWPPP but not specified to become a permanent part of the project shall be removed and the site restored in so far as practical to its original condition prior to completion of construction or when directed by the Agency’s representative. 3-12.6.3 SWPPP Preparation
Contractor shall submit to the engineer a completed and signed SWPPP at the preconstruction conference.

The plan may utilize the practices recommended in the California Storm Water Best Management Practices Handbook dated January 2015, available from California Stormwater Quality Association (CSQA), and online at http://www.cabmphandbooks.net/ . The plan shall be consistent with the construction General Permit, issued by the State Water Resources, Control Board, through submittal of the Notice of Intent (NOI).

If construction will occur between October 15 and April 15 (considered as the rainy season per the Agency’s Ordinance), a wet weather erosion control plan must be submitted. Additionally, Best Management Practices (BMPs) implemented during the Agency’s rainy season shall include but not be limited to those appropriate for wet weather conditions. 3-12.6.5 PAYMENT
Unless otherwise indicated in the Special Provision, measurement and payment for Storm Water Pollution Prevention Measures, as described herein, shall be included in the items of Work requiring storm water pollution prevention measures as indicated in the project Special Provisions. Such payment shall be considered full compensation for all labor, materials, tools, and equipment for completion, and implementation and compliance with the SWPPP.

SPC20-08 SECTION E - Page 9

STANDARD SPECIFICATIONS
3-13 COMPLETION AND ACCEPTANCE
3-13.3 WARRANTY
Add the following:

The Contractor shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors, and others employed directly or indirectly on the Work, against faulty or defective materials, equipment or workmanship for the maximum period provided by law. In addition thereto, for a period of one (1) year commencing on the date of acceptance of the Work, the Contractor shall, upon the receipt of notice in writing from the Agency, promptly make all repairs arising out of defective materials, workmanship or equipment and bear the cost thereof. The Agency is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the Contractor, the Contractor has failed to make or undertake with due diligence the repairs; provided, however, that, in the case of an emergency where, in the opinion of the Agency, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety.

For the purpose of this article “Acceptance of the Work” shall mean the acceptance of the Work by the Agency in accordance with Subsection 3-13.2 but not for the purpose of extinguishing any covenant or agreement or agreement on the part of the Contractor to be performed or fulfilled under this Contract, which has not in fact been performed or fulfilled at the time of such acceptance all of such covenants and agreements, shall continue to be binding on the Contractor until they have been fulfilled.

The effective date of Acceptance of the Work and commencement of the Guarantee shall be the date of acceptance of the Notice of Completion by the City Council.

The following subsection is added to Subsection 3-13 of the SSPWC. 3-13.4 General Guaranty
The Contractor shall remedy any defects in the Work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. The Agency will give notice of observed defects with reasonable promptness.

SECTION 4 – CONTROL OF MATERIAL
4-1 GENERAL
Add the following:

The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the Agency, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one-year period, the Contractor shall also restore to full compliance with the requirements of this Contract any portion of the Work which is found not to meet those requirements. The Contractor shall defend, indemnify, and hold the Agency, its officers, agents, and employees harmless from claims of any kind due to injuries or damages arising, directly or indirectly, from said defects or noncompliance.

SPC20-08 SECTION E - Page 10

STANDARD SPECIFICATIONS
The Contractor shall make all repairs, replacements, and restorations within thirty-five (35) days after the date of the Engineers’ written notice.

If, in the opinion of the Engineer, the defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Engineer, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the Agency shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but will make such deductions thereof in the payments due or to become due to the Contractor as the Agency may deem just and reasonable.
4-4 TEST OF MATERIALS
Delete the third, fourth, and fifth sentences of the first paragraph and replace with the following:

Except as elsewhere specified, the Agency will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The Contractor shall bear the cost of all other tests, including the retesting of material or workmanship that fails to pass the first test.
4-6 TRADE NAMES
Delete the third sentence of the second paragraph and replace with the following:

Approval of equipment and materials offered as equivalents to those specified must be obtained prior to the opening of bids as set forth in the Instructions to Bidders.

Add the following:

Along with information supplied by the Contractor regarding equivalency of the proposed item, the Contractor shall clearly identify all deviations from the specified item. Deviations discovered by the Engineer after acceptance of an “or equal” item which were not identified by the Contractor with his/her submittal shall be cause for rejection of the “or equal” item. Contractor shall be due no additional compensation in time or money for acceptance or rejection of a proposed “or equal” item and subsequent replacement with the item specified. Contractor shall pay cost to Agency for items requiring more than two submittals and analysis of any shop drawing which requires more than a general review of an “or equal” item.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR
5-3.1 General
Add the following:

The Contractor shall ensure unlimited access to the job site for all Equal Opportunity Compliance officers.

Every Contractor and Subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages paid to each worker employed by him/her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the body awarding the Contract and to the Division of Labor Law Enforcement.

Add the following Subsection:

SPC20-08 SECTION E - Page 11

STANDARD SPECIFICATIONS
5-3.4.1 OVERTIME AND SHIFT WORK
The Contractor may establish overtime and shift work as a regular procedure only with the written permission of the Engineer. Such permission may be revoked at any time. No work other than overtime and shift work established as a regular procedure shall be done between the hours of 4:00 p.m. and 7:30 a.m., nor on Saturdays, Sundays or legal holidays, except such work as is necessary for the proper care and protection of the work already performed or except in case of an emergency.

All costs for overtime inspection, except those occurring as a result of overtime and shift work established as a regular procedure, shall be paid by the Contractor. Overtime inspection shall include inspection required during holidays observed by the AGC and Trade Unions, Saturdays, Sundays, and any weekday between the hours of 4:00 p.m. and 7:30 a.m. Such costs will include but will not necessarily be limited to engineering, inspection, general supervision and other overhead expenses that are directly chargeable to the overtime work. The Agency shall deduct all such charges from payments due the Contractor. 5-4.2 GENERAL LIABILITY INSURANCE
Section 5-4.2 is replaced in its entirety as follows:
5-4.2.1 GENERAL. CONTRACTOR and AGENCY agree that Agency, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the Agency. CONTRACTOR acknowledges that AGENCY would not have entered into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect AGENCY as set forth here.
5-4.2.2 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless AGENCY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorneys fees incurred by AGENCY, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by the AGENCY. 5-4.2.3 Without affecting the rights of AGENCY under any provision of this agreement or this section, CONTRACTOR shall not be required to indemnify and hold harmless AGENCY as set forth above for liability attributable to the sole fault of AGENCY, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

This exception will apply only in instances where the AGENCY is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where AGENCY’s fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all-inclusive, and AGENCY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the AGENCY. 5-4.2.4 CONTRACTOR acknowledges that its obligation pursuant to this section extends to liability attributable to AGENCY, if that liability is less than the sole fault of AGENCY. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of AGENCY.

SPC20-08 SECTION E - Page 12

STANDARD SPECIFICATIONS
5-4.2.5 The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to AGENCY, its employees, agents and officials.
5-4.2.6 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those as set forth here in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section.
5-4.2.7 Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth herein is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 5-4.2.8 CONTRACTOR agrees to provide insurance in accordance with the requirements as set forth here. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained on behalf of AGENCY and in accordance with the requirements set forth herein. 5-4.2.9 Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISOCGL form No. CG 00 01 11 85 or 88. Total limits shall be not less than two million dollars ($2,000,000.00) per occurrence for all coverages and two million dollars ($2,000,000.00) general aggregate. AGENCY and its officers, agents and employees shall be named as additional insureds using ISO additional insureds endorsement form CG 20 10 11 85 (in no event will AGENCY accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to AGENCY or any employee or agent of AGENCY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum of $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion.

Policies shall have concurrent starting and ending dates.

Each policy of insurance shall contain a clause prohibiting cancellation, modification or lapse without thirty (30) days prior written notice having been given to the City. All insurance policies shall be subject to approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds.

5.4.2.10 Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than two million dollars ($2,000,000.00) per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy drafted above is acceptable.
5-4.3 WORKERS’ COMPENSATION INSURANCE
Section 5-4.3 shall be replaced in its entirety as follows:

SPC20-08 SECTION E - Page 13

STANDARD SPECIFICATIONS
5-4.3.1 Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars per accident or disease. Employers’ liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the AGENCY, its officers, agents or employees. 5-4.3.2 CONTRACTOR and AGENCY further agree as follows:
5-4.3.2.1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 5-4.3.2.2 Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 5-4.3.2.3 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of each insurance coverage.
5-4.3.2.4 Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type.
5-4.3.2.5 For purposes of insurance coverage only, this Agreement shall be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
5-4.3.2.6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR’s agents, officers or employees from waiving the right of subrogation prior to a loss.

Contractor hereby waives all rights of subrogation against AGENCY. 5-4.3.2.7 Unless otherwise approved by AGENCY, CONTRACTOR’s insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of “A: VII.” Self-insurance will not be considered to comply with these insurance specifications.
5-4.3.2.8 In the event any policy of insurance required by this Agreement does not comply with these requirements or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONTRACTOR. Upon CONTRACTOR’s failure to make such reimbursement within 30 days of written demand, AGENCY may deduct that sum from any monies due CONTRACTOR hereunder or otherwise. 5-4.3.2.9 CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to AGENCY, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR’s general liability and umbrella liability policy (if any) using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. CONTRACTOR agrees to provide complete copies of policies to AGENCY upon request.

SPC20-08 SECTION E - Page 14

STANDARD SPECIFICATIONS
5-4.3.2.10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished within 72 hours of the expiration of the coverages. 5-4.3.2.11 Any actual or alleged failure on the part of AGENCY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of AGENCY or any additional insured, in this or any other regard. 5-4.3.2.12 CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement.

CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of AGENCY, will reserve the right to charge back to AGENCY the cost of insurance required by this Agreement.

CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts on behalf of AGENCY will be submitted to AGENCY for review. Failure of AGENCY to request copies of such agreement will not impose any liability on AGENCY, its officers, agents, or employees.
5-4.3.2.13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operations are insureds. 5-4.3.2.14 CONTRACTOR agrees to provide immediate notice to AGENCY of any claim or loss against CONTRACTOR that includes AGENCY as a defendant. AGENCY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims.
5-7 SAFETY
Add the following:

At the pre-construction meeting, the Contractor shall submit his/her complete construction schedule to the Engineer for approval. The Contractor shall submit requests for changes in the schedule to the Engineer for approval at least forty eight (48) hours prior to the scheduled Work.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION, SCHEDULE AND COMMENCEMENT OF WORK
Add the following:

Prior to issuing the Notice to Proceed, the Engineer will schedule and conduct a pre-construction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. 6-2 PROSECUTION OF WORK
Delete the last sentence of first paragraph and replace it with the following:

Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Agency may suspend the work in whole or in part, until the Contractor takes said steps at no cost to the Agency.

SPC20-08 SECTION E - Page 15

STANDARD SPECIFICATIONS
Add the following:

The Contractor shall submit monthly progress reports to the Engineer by the tenth day of each month.

The report shall include an updated construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 TIME OF COMPLETION
Add the following subsections:
6-3.3 WORKING DAY
Add the following:

The Contractor’s activities shall be confined to the hours between 7:30 a.m. and 4:00 p.m. Monday through Friday. In addition, the Contractor shall not perform any Work on Saturday, Sunday, or on Agency-designated holidays. Agency-designated holidays are listed in TABLE 1 – AGENCYDESIGNATED HOLIDAYS below. Deviation from these hours will be permitted upon approval of the Engineer, except in emergencies involving immediate hazard to persons or property.

Deviations from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. Service fees will be calculated at overtime rates including benefits, overhead, and travel time; and will be deducted from the amounts due the Contractor.

Failure of the Contractor to adhere to working day requirements will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine.

For each OCCURRENCE of a working day or hours violation, as provided herein, the Contractor shall pay to the Agency, or have withheld from monies due to it, the sum of $1,000.00.

TABLE 1 – AGENCY-DESIGNATED HOLIDAYS
New Year’s Day
Martin Luther King, Jr. Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000 PER VIOLATION IS THE MINIMUM VALUE OF THE COST AND

ACTUAL DAMAGED CAUSED BY FAILURE OF THE CONTRACTOR TO LIMIT

PERFORMANCE OF THE WORK BETWEEN THE ALLOTTED TIMES, THAT SUCH SUM SHALL

NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR IF SUCH DELAY OCCURS.

SPC20-08 SECTION E - Page 16

STANDARD SPECIFICATIONS
6-4 DELAYS AND EXTENSION OF TIME
6-4.1 GENERAL
Add the following Subsections:
6-4.1.1 Notice of Delays
Whenever the Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which the Contractor regards as unavoidable, he/she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause so that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if prevention is not possible, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent it will delay the prosecution and completion of the work. It will be concluded that any and all delays which have occurred in the prosecution and completion of the work have been avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by him/her to have been unavoidable. The Contractor shall make no claims for any delay not called to the attention of the Engineer at the time of its occurrence as an unavoidable delay.
6-4.1.2 Avoidable Delays
Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor of his/her subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delays in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work or the completion of the whole work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitting samples of materials and drawings to the Engineer for approval and from performing tests of materials, measurements, and inspections; 3) Reasonable interference of other contractors employed by the Agency and/or other contractors working in the area which do not necessarily prevent the completion of the whole work within the time agreed upon; 4) Delays resulting from inaccurate or incomplete shop drawing submittals; and 5) Interference of other contractors performing concurrent work.
6-4.1.3 Extension of Time
In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with Paragraph 6-9.1. The Agency, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in his/her best interest to do so. During such extension of time, the Contractor will be charged for engineering and inspection services and other costs as provided in Paragraph 6-6.2.1 but will not be assessed damages pursuant to Paragraph 6-9. 6-4.2 EXTENSIONS OF TIME
Add the following Subsection:
6-4.2.1 Compensation to Agency for Extension of Time
Compensation for extension of time for avoidable delay granted pursuant to Paragraph 6-6.1.3 shall be the actual cost to the Agency for engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the work and which accrue during the period of such extension, except that the cost of final inspection and preparation of the final estimate shall not be included.

SPC20-08 SECTION E - Page 17

STANDARD SPECIFICATIONS
6-4.4 WRITTEN NOTICE AND REPORT
Delete the title and text of Section 6-4.4 and replace it with the following:

Requests for an extension of time must be delivered to the Agency within ten (10) consecutive calendar days following the date of the occurrence that caused the delay. The request must be submitted in writing and must state the cause of the delay, the date of the occurrence causing the delay, and the amount of additional time requested. This shall be included as part of a revised construction schedule required in Section 6-1. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor, which would support the extension of time requested. Requests for extensions of time, which are not received within the time specified above, shall result in the forfeiture of the Contractor’s right to receive any extension of time requested.

If the Contractor is requesting an extension of time because of weather, he/she shall supply daily written reports to the Agency’s representative describing such weather, and the work that could not be performed that day because of such weather or conditions resulting therefrom and that he/she otherwise would have performed.
6-9 LIQUIDATED DAMAGES
Delete the title and text of Section 6-9 and replace with the following:
6-9 FORFEITURE DUE TO DELAY
The Contractor shall complete all or any designated portion of the Work called for under the Contract within the time set forth in Part C (Proposal) of these Specifications.

In accordance with Government Code 53069.85, and all other applicable law, the Contractor agrees to forfeit and pay the Agency the amount of Five Hundred Dollars ($500.00) per day for each and every day of unauthorized delay beyond the completion date, which shall be deducted from any monies due the Contractor. This payment shall be considered liquidated damages. Contractor agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate Agency for losses that are difficult to measure and that such damages are not a penalty.

Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this Contract entitling the Agency to terminate the Contract unless the Contractor applies for, and receives, an extension of time in accordance with the procedures set forth in Section 5-5.

Failure of the Agency to insist upon the performance of any covenant or conditions within the time period specified in the Contract Documents shall not constitute a waiver of the Contractor’s duty to complete performance within the designated periods unless the Agency has executed a waiver in writing.

The Agency’s agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provision contained in the Contract Documents.

Failure of the Contractor to complete performance promptly within the additional time authorized in a waiver or extension of time agreement shall constitute a material breach of this Contract entitling the Agency to terminate this agreement.

The Contractor shall not be deemed in breach of this Contract and no forfeiture due to delay shall be made because of any delays in the completion of the Work due to unforeseeable causes beyond the SPC20-08 SECTION E - Page 18

STANDARD SPECIFICATIONS
control and without the fault or negligence of the Contractor provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 5-5. Unforeseeable causes of delay beyond the control of the Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of the Agency, or acts of another contractor in the performance of a contract with the Agency, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of Contractor or his/her agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part of all of the Work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond the Contractor’s control) shall not entitle the Contractor to any additional compensation. The sole recourse of the Contractor shall be to seek an extension of time.
6-12 DISPUTES AND CLAIMS
6-12.1 GENERAL
Any and all decisions made on appeal pursuant to this Subsection 6-12 shall be in writing. Any “decision” purportedly made pursuant to this Subsection 6-12 that is not in writing shall not be binding upon the Agency and should not be relied upon by the Contractor.

Nothing in this subsection shall be considered as relieving the Contractor from his/her duty to file the notice required under Subsection 6-13 or other duties required by the Contract Documents. 6-12.2 ADMINISTRATIVE REVIEW
Request for review made to the Construction Inspector or Project Engineer may be either oral or written.

Request for review made to the City Engineer shall be made in writing with supporting evidence attached.

The Contractor shall submit each request for review within twenty-one (21) calendar days of receipt of the decision that he/she is requesting.

Prior to demand for arbitration, the Contractor shall exhaust his/her administrative remedies by attempting to resolve his/her dispute or claim with Agency`s staff in the following sequence:

1. Project Engineer

2. City Engineer
Should the Project Engineer fail to address the Contractor’s request for review of a disputed decision within fourteen (14) calendar days after receiving such request, the Contractor may proceed directly to the City Engineer. At the option of the Agency, the person to whom the request for review is directed may elect to take such request to a higher level and the Contractor’s request shall be deemed to be properly submitted to such higher level.

The City Engineer shall address disputes or claims within twenty eight (28) calendar days after receiving such request and all necessary supporting data. The City Engineer’s decision on the dispute or claim shall be the Agency’s final decision.

SPC20-08 SECTION E - Page 19

STANDARD SPECIFICATIONS
6-12.3 ARBITRATION
Claims and disputes arising under or related to the performance of the contract, except for claims that have been released by execution of the “Release on Contract” as provided in Subsection 9-4, shall be resolved in arbitration unless the Agency and the Contractor agree in writing, after the claim or dispute has arisen, to waive arbitration and to have the claim or dispute litigated in court of competent jurisdiction. Arbitration shall be conducted, to the extent feasible, pursuant to Chapter 3 (Sections 301- 393, inclusive) of Division 2 of Title 1 of the California Code of Regulations except that references therein to the “State Contract Act” shall be construed to mean “applicable law” and “Public Agency”, or “Department” shall be construed to mean “Agency” as defined in Subsection 1.2. The arbitration decision shall be decided under and in accordance with California law, supported by substantial evidence, and in writing, contain the basis for the decision, findings of fact, and conclusions of law.

Arbitration shall be initiated by a Demand for Arbitration. The Contractor shall request a Demand for Arbitration not later than one hundred eighty (180) calendar days after the date of the final written decision of the Agency on the claim or dispute.

All contracts valued at more than $15,000 between the Contractor and his/her Subcontractors and Suppliers shall include a provision that the Subcontractors and Suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the Agency by all terms and provisions of the Contract, including these arbitration provisions.
6-13 NOTICE OF POTENTIAL CLAIM
The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor shall have given the Engineer due notice in writing, of the potential claim as hereinafter specified, provided, however, that compliance with this Subsection 6-12 shall not be a prerequisite as to any claim that is based on differences in measurements or errors of computation as to the Contract quantities.

Additionally, this Subsection 6-13 shall not supersede the specific notice and protest requirements of Subsection 2-9 “Changed Conditions” and Subsection 6-3.2 “Contract Time Accounting” respectively.

A written notice of potential claim shall set forth the reasons the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. A notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.

It is the intention of this Subsection 6-13 that differences between the parties arising under and by the virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

SPC20-08 SECTION E - Page 20

STANDARD SPECIFICATIONS
SECTION 7 - PAYMENT
7-3 PAYMENT
7-3.2 PARTIAL AND FINAL PAYMENT
Delete the last paragraph of this subsection and replace with the following:

The closure date for period progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the second Wednesday of the following month. The Agency requires four to six weeks to review all progress payments, issue payment checks, present progress payment to Council for approval, and release payment to contractor. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of plans and specifications showing the as-built conditions.

The full five (5) percent retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion.

The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract as provided in Public Contract Code Sections 10263 and 22300. 7-3.3 DELIVERED MATERIALS
Delete the text of section 7-3.3 and replace with the following:

Materials and equipment delivered but not incorporated into the Work will not be included in the estimate for progress payment.

SPC20-08 SECTION F - Page 1
SPECIAL PROVISIONS – 400 SERIES
400 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Delete the second paragraph and replace with the following:

The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, survey monuments, landscaping, etc.) that are damaged or removed as a result of the Contractor’s operations or as required by the plans and specifications.

All existing improvements, either within the right-of-way or not, including irrigation lines that are damaged by actions of the Contractor, shall be restored by the Contractor to their original or better condition at the Contractor’s expense.

The Contractor shall mark, as approved by the Engineer, all survey monuments, manholes, valves, substructures, or other items that are visible on the surface and will be covered by his operations. This shall be completed prior to the start of that operation and approved by the Engineer.

Existing traffic striping, pavement markings, and curb markings shall also be considered as existing improvements and the Contractor shall repaint or replace, at the Contractor’s expense, such striping or markings (except for traffic striping and pavement markings within the limits of the Work) if damaged or if their reflectivity is reduced due to construction operations. 403-3 PAYMENT
Add the following:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

SPC20-08 SECTION G - Page 1
SPECIAL PROVISIONS – 600 SERIES
600 ACCESS
600-1 General
Add the following:

The Contractor will be required to maintain at least one lane of traffic in each direction through the project area at all times in a manner satisfactory to the Engineer in the form of an engineered traffic control plan. The engineered traffic control plans must be signed by a California registered civil and/or traffic engineer. The plan is a required submittal for review at the pre-construction meeting.

All traffic control on the project shall be implemented by a sub-contractor who specializes in Traffic Control and is approved by the City Engineer.

All drop-offs on the pavement over 1 inch in height that are perpendicular to the direction of traffic, including driveway approach, and will remain overnight shall be ramped with temporary AC pavement.

The cost to construct temporary AC pavement shall be included in price paid for other items of work, and no additional payment thereof.

All open trenches shall be covered with non-skid steel plates or temporary asphalt pavement before and after work hours, unless otherwise directed by the Engineer.

Add the following Subsection:
600-1.1 Parking Restrictions and Posting for Tow Away
No Parking signs, posted by the Contractor, shall be of heavy card stock and not less than 1.75 square feet of surface area on the face. Background color shall be white, and letters shall be printed in red waterresistant ink except day, date, and time of restriction may be printed in black water-resistant ink. The signs shall be printed with the words “Tow Away” and “No Parking” with a character height of not less than 2.75 inches and a stroke width of not less than 0.5 inches. The day, dated, and time of the restriction shall be printed or attached below the above-mentioned wording in characters of not less than 2.0 inches in height and 0.4 inches in stroke width. The day of the week shall be written out or properly abbreviated with three to four letters; date or dates or restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.

Signs shall be mounted such that the wording “No Parking” are at an elevation at least three feet above the adjacent flowline. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by the Contractor. The signs shall be placed as needed to control the parking of cars within the construction zone; signs shall be placed at intervals of 75 feet or less along each side of the roadway.

Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor may only post parking restrictions that are effective for the duration of the Work. Upon completion of the Work, the Contractor shall promptly and completely remove and dispose all signs, stakes, and barricades. The Contractor shall promptly reset or replace all damaged or defective signs.

The Contractor shall be fully responsible for the adequate removal of all parked cars. The Contractor shall coordinate the removal of all vehicles with the Sheriff Department. The Contractor shall notify the Sheriff Communications Center upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the Sheriff Communications Center not less than two hours prior to the needed removal, stating the address nearest the parked vehicle, make, model, color and license number. The City shall not be responsible for any delay or additional costs associated with the removal of parked cars that obstruct the construction operation.

SPC20-08 SECTION G - Page 2
SPECIAL PROVISIONS – 600 SERIES
If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.

DEVIATIONS FROM THE REQUIREMENTS OF THIS SUBSECTION WILL BE PERMITTED ONLY ON PRIOR CONSENT OF THE ENGINEER. FAILURE OF THE CONTRACTOR TO

ADHERE TO THE REQUIREMENTS OF THIS SUBSECTION, OR FAILURE OF THE CONTRACTOR TO COMPLETE HIS DAILY SCHEDULE ONCE “TEMPORARY NO PARKING” SIGNS HAVE BEEN POSTED, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE CITY.

SUCH DAMAGES ARE, AND WILL CONTINUE TO BE, IMPRACTICABLE AND EXTREMELY DIFFICULT TO DETERMINE. FOR EACH OCCURRENCE OF A VIOLATION, AS PROVIDED

HEREIN, THE CONTRACTOR SHALL PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES DUE TO IT, THE SUM OF $1,000.00.

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000.00 PER VIOLATION IS THE MINIMUM VALUE OF THE COST

AND ACTUAL DAMAGE CAUSED, THAT SUCH SUM SHALL NOT BE CONSTRUED AS A

PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR.
600-1.2 STREET CLOSURE, DETOURS, BARRICADES
Add the following:

All traffic control barricades, signs and devices used by the Contractor shall, as a minimum, conform to the “Manual of Traffic Controls for Construction and Maintenance Work Zones,” adopted by and in current use by the State of California, Department of Transportation. Channelization devices shall be spaced no greater than fifty (50) feet apart. The Contractor shall take additional precautions as he/she may find necessary under the circumstances.

Should the Contractor fail to provide adequate traffic control or safety barricades, and in the event a responsible individual cannot be located or refuses to perform, the Agency will at its option place needed devices or engage a private firm to place and maintain said barricades, which will be charged to the Contractor directly.

Temporary traffic channelization shall be accomplished with delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finished pavement surfaces which are to remain.

Full street closures will not be allowed prior to City Council approval.

SPC20-08

CITYWIDE STRIPING AND PAVEMENT MARKING PROJECT
SPECIFICATION NO. CIP 21/22-02

SIGNING, STRIPING, AND PAVEMENT MARKERS
All equipment, materials, and components for signing and striping, and the installation thereof, shall conform to the 2018 Caltrans Revised Standard Plans, and Revised Standard Specifications, Section 81, “Miscellaneous Traffic Control Devices,” Section 82 “Signs and Markers”, and Section 84, "Markings", unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445- 3520.

All materials required for the completion of work as shown on the Plans shall be provided by the Contractor.

SECTION 81 - MISCELLANEOUS TRAFFIC CONTROL DEVICES
81-3 PAVEMENT MARKERS
81-3.02 Materials.
81-3.02 Epoxy Adhesive. Adhesive for raised pavement markers shall be rapid set type epoxy.

Removal of pavement markers shall be per Section 81-8.03B, "Remove Pavement Markers," of the State Standard Specifications.
81-3.04 Payment. Payment for pavement markers shall be included in the lump-sum price bid for signing and striping, and no additional compensation will be allowed therefor.

SECTION 82 – SIGNS AND MARKERS
82-3 ROADSIDE SIGNS
82-3.03 Construction. Relocated signs shall be installed using existing posts at new locations and shall be set at a minimum 30-inch depth and at a minimum 12-inch square portland cement concrete (PCC). The post depth of the concrete footing shall be sufficient to extend at least 6- inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk.

New signs shall be installed using metal posts set at a minimum of 30-inch depth in a minimum 12-inch square PCC, except as specified otherwise, the metal post shall be 2-inch square “Qwik Punch” posts. The length of the metal post shall be sufficient to extend from the top of the sign to 30-inches below the top of the concrete footing and provide a 7-foot clearance between the finished grade and the bottom of the sign. The depth of the concrete footings shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk.

SPC20-08
Drill holes for bolts, threaded rods, or expansion anchorage devices drilled in existing concrete by a method that will not shatter the concrete adjacent to the holes.

Repair any spalling or chipping of concrete structures at contractor’s expense.

Marker and delineators shall conform to the provision in Section 81, "Miscellaneous Traffic Control Devices."
82-3.04 Payment. Payment for signing shall be included in the lump sum price bid for signing and striping, and no additional compensation will be allowed therefor.

SECTION 84 - MARKINGS
84-2 TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-2.02 Materials.
84-2.02A General. Traffic stripes, pavement markings, crosswalks, and arrow markings shall be thermoplastic, unless otherwise shown on the Plans. Curb markings shall be paint, two (2) coats.
84-2.02B Thermoplastic. Traffic striping shall be thermoplastic including crosswalks, arrows and other pavement legends.
84-2.02C Paint. Traffic striping shall be paint including parking lot striping and pavement legends. Paint shall be ready-mixed rapid dry type.

Curb markings shall be paint. Paint shall be ready-mixed rapid dry type.

Ready-mixed paints shall be suitable for use on either asphalt concrete or Portland cement concrete.
84-2.03 Construction.
84-2.03A General. The Contractor shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.

The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than ½-inch in 50-feet from the specified alignment.

When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application.

Traffic lines may be spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer.

SPC20-08
The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic.

The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint.

Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays.

The installation of traffic stripes includes placement of raised pavement markers when called for on the plans.

Adhesive for raised pavement markers shall be per Section 81, “Pavement Markers.” Existing traffic stripes (including raised pavement markers), pavement legends, and markings that do not conform to the plans shall be removed by wet sandblasting per Section 81-8.03B, “Remove Pavement Markers,” and Section 84-9.03B, "Remove Traffic Stripes and Pavement Markings" of the State Standard Specifications. 84-2.03C Application of Stripes and Markings.
84-2.03C(3) Painted Traffic Stripes and Pavement Markings. Paint shall be applied in two coats. For those locations where raised pavement markers are to be installed on painted stripes, paint shall be applied prior to installation.

The second coat of paint shall be applied no less than 24 hours from application of the first coat.

Each coat of paint shall include glass beads.
84-2.04 Payment. Payment for striping details, pavement markings, and curb markings shall be included in the lump sum price bid for signing and striping, and no additional compensation will be allowed.

R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: bcruz
FILE: I:\107051 - LOS AL TE Svcs (Previous105244)\2022 City Wide Striping Project\900-PS&E\901-Plans\PL-TITL.dwg DATE: Jan 31, 2022 - 4:21pm Know what'sbelow. Callbefore you dig. R SIGNING AND STRIPING GENERAL NOTES STRIPING CONSTRUCTION NOTES LEGEND R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: bcruz
FILE: I:\107051 - LOS AL TE Svcs (Previous105244)\2022 City Wide Striping Project\900-PS&E\901-Plans\PL-STRIPE-01-OLD TOWN WEST.dwg DATE: Jan 31, 2022 - 4:21pm Know what'sbelow. Callbefore you dig. R DETAIL "A" SIGNING AND STRIPING GENERAL NOTES STRIPING CONSTRUCTION NOTES LEGEND R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: bcruz
FILE: I:\107051 - LOS AL TE Svcs (Previous105244)\2022 City Wide Striping Project\900-PS&E\901-Plans\PL-STRIPE-02-BRIGGEMAN DR.dwg DATE: Jan 31, 2022 - 4:22pm Know what'sbelow. Callbefore you dig.

SIGNING AND STRIPING GENERAL NOTES STRIPING CONSTRUCTION NOTES LEGEND THOR AVENUE HARRISBURG ROAD

SNARK ST

LOS ALAMITOS BOULEVARD FARQUHAR

CHERRY STREET

REAGAN STREET
PINE STREET AVENUE R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: bcruz
FILE: I:\107051 - LOS AL TE Svcs (Previous105244)\2022 City Wide Striping Project\900-PS&E\901-Plans\PL-STRIPE-03-OLD DUTCH HAVEN.dwg DATE: Jan 31, 2022 - 4:22pm Know what'sbelow. Callbefore you dig. R SIGNING AND STRIPING GENERAL NOTES STRIPING CONSTRUCTION NOTES LEGEND R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: bcruz
FILE: I:\107051 - LOS AL TE Svcs (Previous105244)\2022 City Wide Striping Project\900-PS&E\901-Plans\PL-STRIPE-04-CERRITOS 01.dwg DATE: Jan 31, 2022 - 4:23pm Know what'sbelow. Callbefore you dig. R SIGNING AND STRIPING GENERAL NOTES STRIPING CONSTRUCTION NOTES LEGEND R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: bcruz
FILE: I:\107051 - LOS AL TE Svcs (Previous105244)\2022 City Wide Striping Project\900-PS&E\901-Plans\PL-STRIPE-05-CERRITOS 02.dwg DATE: Jan 31, 2022 - 4:23pm Know what'sbelow. Callbefore you dig. R SIGNING AND STRIPING GENERAL NOTES STRIPING CONSTRUCTION NOTES LEGEND R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: bcruz
FILE: I:\107051 - LOS AL TE Svcs (Previous105244)\2022 City Wide Striping Project\900-PS&E\901-Plans\PL-STRIPE-06-CERRITOS 03.dwg DATE: Jan 31, 2022 - 4:24pm Know what'sbelow. Callbefore you dig. R City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 28, 2022 ITEM NUMBER: 10H
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid for the Los Alamitos Street Improvement Project on Various Streets FY 2021-2022 (CIP No. 21/22-03)

SUMMARY
On December 15, 2021, staff received and reviewed bids for the Los Alamitos Street Improvement Project on Various Streets FY 2021-2022 (CIP No. 21/22-03).

RECOMMENDATION

1. Award contract for the Los Alamitos Street Improvement Project on Various Streets FY 2021-2022 (CIP No. 21/22-03) to RJ Noble Company in the amount of $1,378,015.00; and,

2. Authorize the Mayor to execute the contract with RJ Noble Company for the project; and,

3. Authorize the City Engineer to add work and execute change orders in the amount not to exceed the contingency reserve of 10% or $137,802.00; and,

4. Appropriate $270,000 to the Los Alamitos Street Improvement Project account, line item 10.570.5501.1707.

BACKGROUND
The City proposes to grind and overlay various residential streets throughout the City as part of the ongoing pavement management program. The project will also replace damaged curb, gutter, and lifted sidewalk to correct drainage and ADA curb ramps will be modified to current codes as necessary. The project includes the following streets:
• Florista Street (Los Alamitos
Boulevard to Cherry Street)
• Cherry Street
• Toland Circle
• Kaylor Avenue
• Fenley Drive
• Holden Circle
• Del Norte Way
Los Alamitos Street Improvement Project FY 2021-2022 (CIP No. 21/22-03) February 28, 2022

Page 2 of 5 ends

Los Alamitos City CouncilFebruary 28, 2022

Los Alamitos City Council
February 28, 2022