Los Alamitos City Council
July 18, 2022

CITY OF LOS ALAMITOS
Council Chamber
3191 Katella Ave., Los Alamitos CA 90720

CITY COUNCIL AGENDA

REGULAR MEETING
Monday, July 18, 2022 – 6:00 PM
SAFETY ALERT – NOTICE REGARDING COVID-19
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. 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 “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 do not attend this meeting in person if you have had direct contact with someone who has tested positive for Coronavirus (COVID19), 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 adop t 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.

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.

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.

4. INVOCATION
Mayor Pro Tem Doby will give the Invocation.

5. PRESENTATIONS
A. Presentation of an Award to Jeff Tomlin in Recognition of Partnership in Policing
B. Presentation of Certificates to Los Al Tribe Youth Rugby in Recognition of Winning the National Sevens Youth Rugby Championship, Boys U15 Tier 1 C. Introduction of Police Officer Christian Cruz and Police Officer Stephanie Roberts to the Community

6. 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.

7. 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.

8. ITEMS FROM THE CITY MANAGER

9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from June 3, 2022 to July 6, 2022.

Recommendation:

Ratify the Warrants for the period from June 3, 2022 to July 6, 2022 in the amount of $1,781,893.32

Roll Call
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda

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.

A. Approval of Minutes (Administration)
Approve the City Council minutes for the Adjounred Regular meeting of June 13, 2022 and the Special meeting of July 13, 2022.

B. Resolution No. 2022-26 – Amendment to the City’s Conflict of Interest Code (Administration)
To comply with the requirements of State law, the attached Resolution proposes to amend the City’s Conflict of Interest Code by updating the list of designated employees that have significant involvement in the City’s decision-making process.

Recommendation:

1. Receive and file the 2022 Local Agency Biennial Notice; and,

2. Adopt Resolution No. 2022-26, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA ADOPTING THE

CONFLICT OF INTEREST CODE FOR THE CITY AND REPEALING
RESOLUTION 2021-38.”
C. Personnel Changes Related to the Budget (Administration) This report outlines the various personnel related changes that were adopted as part of the Fiscal Year 2022-23 budget.

Recommendation:

1.Adopt Resolution No.2022-25, entitled, “A RESOLUTION OF THE CITY

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

DESCRIPTIONS FOR ECONOMIC DEVELOPMENT SUPERVISOR AND FULL TIME CODE ENFORCEMENT OFFICER”; and,

2. Adopt Resolution No. 2022-24, entitled, “A RESOLUTION OF THE CITY

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

SALARY SCHEDULE FOR EXECUTIVE MANAGEMENT AND

NONREPRESENTED EMPLOYEES TO INCLUDE ECOMONIC DEVELOPMENT SUPERVISOR”.

D. Event Management Services Agreement with Special Olympics Southern California (Recreation)
This report provides general information and seeks City Council approval of a new Event Management Services Agreement with Special Olympics Southern California

and waive facility use fees for third-party services to provide programs for special needs athletes in Los Alamitos.

Recommendation:

Authorize the Mayor to execute the Event Management Services Agreement with Special Olympics Southern California and waive facility use fees for third-party administration services to provide programs for special needs athletes in Los Alamitos through June 1, 2024.

E. Briggeman Drive Street Improvement Project (CIP 22/23-03) (Development Services)
This report recommends actions to begin facilitating the construction for the Briggeman Drive Street Improvement Project - CIP 22/23-03. The City of Los Alamitos proposes to widen the eastern portion of Briggeman Drive from Reagan Street to 300 feet in the westerly direction of the intersection. The widening will be 5-feet curb-to-curb in the eastbound lane.

Recommendation:

1. Approve the plans and specifications for the construction of the Briggeman Drive Street Improvements Project (CIP 22/23-03); and,

2. Authorize Staff to advertise and solicit bid proposals.

F. Measure M2 Seven Year Capital Improvement Program 2022/2023 (Development Services)
This item is a follow-up to the June 13, 2022 staff report entitled, Measure M2 Seven Year Capital Improvement Program 2022/2023. The Orange County Transportation Authority (OCTA) is requiring the City Council to accept and approve additional findings regarding the online reporting tool. This action will allow the City to remain eligible to receive Measure M2 sales tax revenue funds.

Recommendation:

1. Approve the Orange County Transportation Authority Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022/23 through 2028/29 printout from OC Fundtracker to comply with Measure M2 eligibility criteria; and,

2. Authorize Staff to submit the approved OCTA Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022/23 through 2028/29 printout.

G. Award of Bid for the New Dutch Haven Neighborhood Street Rehabilitation Project (CIP No. 22/23-02) (Development Services)
This item recommends actions for awarding of bid to begin the construction of the New Dutch Haven Neighborhood Street Rehabilitation Project (CIP No. 22/23-02).

Recommendation:

1. Award construction for the New Dutch Haven Neighborhood Street Rehabilitation Project (CIP No. 22/23-02) to Hardy & Harper, Inc. in the amount of $262,000; and,

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

3. Authorize City Engineer to add work and execute change orders in the amount not to exceed the contingency reserve of 25% or $65,500.00 H. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
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.

11. DISCUSSION ITEM
A. Designation of Voting Delegate and Alternate for the League of California Cities’ 2022 Annual Conference & Expo (Administration)
The League of California Cities Annual Conference & Expo will be held in Long Beach from September 7-9, 2022. The League is requesting City Council designation of a Voting Delegate to the Annual Business Meeting. This item is for Council designation of a voting delegate and alternate.

Recommendation:

1. Appoint a Council Member to serve as the City’s Voting Delegate for the League of California Cities 2022 Annual Business Meeting; and,

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

12. PUBLIC HEARING
A. Ordinance No. 2022-04 - AB 481 Military Equipment Use Policy (Police) Assembly Bill 481 (AB 481), codified in Government Code sections 7070 through 7075, requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by approval from their governing body, prior to the agency funding, acquiring, or using military

equipment.

AB 481 became effective January 1, 2022. Per AB 481, law enforcement agencies are now required to first obtain approval for this policy content from their respective governing body. Following approval, law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use. Agencies are also required to attach a military equipment inventory to the policy.

Recommendation:

1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2022-04, and set for adoption; and,

2. City Attorney Daudt read the title of Ordinance No. 2022-04 entitled “AN

UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, ADOPTING AND APPROVING LOS ALAMITOS POLICE DEPARTMENT POLICY 709, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL NO. 481 (AB 481)".

13. CLOSED SESSION
A. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)
B. Conference with Legal Counsel - Initiation of Litigation Pursuant to subdivision (c) of Section 54956.9: (One potential case)

14. 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: July 14, 2022

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER: 9A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: Warrants

SUMMARY
The attached Warrant Register contains checks and electronic funds transfers for the period from June 3, 2022 to July 6, 2022.

RECOMMENDATION
Ratify the Warrants for the period from June 3, 2022 to July 6, 2022 in the amount of $1,781,893.32

BACKGROUND
The expenditures noted within this Warrant Register conform to the budget approved by the City Council.

DISCUSSION
The Director of Finance certifies the accuracy of the attached register and the availability of monies for payment thereof.

FISCAL IMPACT
The grand total of $1,781,893.32 represents checks and electronic fund transfers for the period June 3, 2022 to July 6, 2022.

Attachment: 1. Warrants July 18, 2022

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER:

To: Mayor Shelley Hasselbrink & Members of the City Council Presented By:

Subject: Roll Call

SUMMARY

RECOMMENDATION

BACKGROUND

DISCUSSION

FISCAL IMPACT
Attachment: None

MINUTES OF THE CITY COUNCIL

OF THE CITY OF LOS ALAMITOS
ADJOURNED REGULAR MEETING – June 13, 2022

1. CALL TO ORDER
The City Council met in Adjourned Regular Session at 6:03 p.m., Monday, June 13, 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 Chirco, Mayor Murphy

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

4. INVOCATION
Council Member Chirco gave the Invocation.

5. PRESENTATIONS
Mayor Hasselbrink and the City Council made the following presentations.

A. Presentation of a Proclamation to the Parks, Recreation, and Cultural Arts Commission in Recognition of Parks Make Life Better Month B. Presentation of a Commendation to Fire Captain/Paramedic Lee Cabrera in Recognition of Being Named the Orange County Fire Authority’s Battalion One Firefighter of the Year

6. 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.

Marilynn Poe, resident, spoke regarding St. Isidore Plaza’s historical designation.

7. 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.

Council Member Chirco spoke regarding attendance at Chief Claborn’s Swearing in Ceremony, scrimmage with Los Alamitos Police Department and High School Football Team, met with City Manager Simmons, looking forward to Coffee with a Cop Thursday and upcoming summer concert series.

Council Member Nefulda spoke regarding attendance at Chief Claborn’s Swearing in Ceremony. Encourage residents to participate in City’s summer programming.

Council Member Bates spoke regarding attendance at Chief Claborn’s Swearing in Ceremony, Revenue and Taxation Committee, Southern California Association of Governments Annual Conference, and the upcoming Orange County Sanitation District Construction project.

Mayor Pro Tem Doby spoke regarding attendance at the Orange County Mosquito and Vector Control District Board meeting, completion of the City’s Biggest Loser Challenge, City Selection Committee meeting, scrimmage with Los Alamitos Police Department and High School Football Team, Chief Claborn’s Swearing in Ceremony, Sunburst Youth Academy Graduation, and the Los Alamitos High School Graduation.

Mayor Hasselbrink spoke regarding attendance in the Los Alamitos High School Senior Parade hosted by the Rossmoor Homeowners Association, Precious Life Shelter BBQ Fundraiser, attendance at Chief Claborn’s Swearing in Ceremony, and the Los Alamitos High School Graduation.

8. ITEMS FROM THE CITY MANAGER
City Manager Simmons asked for and received an overview of the summer programming from Recreation and Community Services Director Noda.

9. WARRANTS
A. Warrants
The attached Warrant Register contained checks and electronic funds transfers for the period from May 3, 2022, to June 2, 2022.

Council Member Bates asked for and received clarification for various items on the Warrant Register.

Motion/Second: Bates/Doby
Unanimously Carried: The City Council ratified the Warrants for the period from May 3, 2022 to June 2 2022 in the amount of $1,075,080.43.

Roll Call
Mayor Hasselbrink Aye
Mayor Pro Tem Doby Aye
Council Member Bates Aye
Council Member Chirco Aye
Council Member Nefulda Aye

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.

Council Member Bates received clarification on Items 10E and 10H.

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

A. Approval of Minutes
The City Council approved the Special and Regular Minutes of May 16, 2022.

B. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings
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 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. Los Alamitos Museum Association: Proposed Schedule, Activity Plan, and Budget
The Los Alamitos Museum Association’s proposed schedule, activity plan, balance sheet, and budget for the 2022-2023 fiscal year are being provided to the City Council for approval.

The City Council:

1. Approved the Los Alamitos Museum Association’s proposed schedule, activity plan, and budget for Fiscal Year 2022-2023; and,

2. Authorize the City Manager and/or his designee to approve necessary changes to the schedule and/or activity plan.

D. Approval of Plans and Specifications for SB1 - New Dutch Haven Street Project (CIP 22/23-02)
This report seeks approval of plans and specifications, and authorization to facilitate the solicitation of bids to begin the New Dutch Haven Neighborhood Street Rehabilitation Project (22/23-02).

The City Council:

1. Approved the plans and specification for the New Dutch Haven Neighborhood Street Rehabilitation Project (22/23-02); and,

2. Authorized Staff to advertise and solicit bid proposals.

E. Approval of the Request for Proposals (RFP) 2022-02, Sterns Park Improvement Project (Development Services)
This report facilitates the solicitation of bids for contractual services for the design specifications, construction management and inspection services for the Sterns Park Improvement Project.

Council Member Bates asked for and received clarification on the public input process of the project and specifications of the playground equipment.

The City Council:

1. Approve the Request for Proposals (RFP) 2022-02 for the design specifications, construction management and inspection services for the Sterns Park Improvement Project; and,

2. Authorize staff to advertise and solicit bid proposals.

F. Measure M2 Seven Year Capital Improvement Program Fiscal Year’s 2022/23 through 2028/29
Annual submittal of Measure M2 eligibility documentation to the Orange County Transportation Authority (OCTA) is required in order to remain eligible to receive Measure M2 sales tax revenue funds. The submittal documentation this year requires City Council approval of an updated Measure M2 Seven Year Capital Improvement Program (Attachment 1).

The City Council approved and authorized Staff to submit to the Orange County Transportation Authority the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022/23 through 2028/29 to comply with Measure M2 eligibility criteria.

G. Annual Appropriations Limit Fiscal Year 2022-23
Article XIII B of the California Constitution specifies the amount of allowable revenue the City of Los Alamitos can appropriate from the proceeds of taxes.

The City Council adopted Resolution No. 2022-21, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23.”
H. Approval of Vehicle Purchases for the Police Department This item seeks approval to purchase patrol vehicles for the Police Department via the Sourcewell Competitive Purchasing Program from National Auto Fleet Group Contract No. 120716-NAF.

The City Council approved the purchase of three (3) police pursuit vehicles from National Auto Fleet Group via Sourcewell Contract No. 120716-NAF in an amount not to exceed
$148,661.65.

11. PUBLIC HEARING
A. Adoption of the Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budget
City Charter Sections 1201-1205 govern the development and adoption of the City’s Annual Budget. Section 1203 requires a public hearing for public input on the proposed budget. Thereafter, the City Council shall consider adoption of the budget with revisions, if any; establish estimated revenues, expenditure appropriations, and transfers of funds of the City.

City Manager Simmons introduced the item. Finance Director Koehler summarized the Staff report and gave a PowerPoint presentation.

City Council and Staff discussed:
 Improving efficiencies with current technology
 Future discussion of Economic Development Programs including Los Al Bucks
 Concern regarding the ambitious plans for the Capital Improvement Projects
 Recognition of the current supply chain concerns and the effects on requisitions of supplies for projects
 Staffing levels in Economic Development
 Interest in providing residents with a simplified and streamlined permitting process for regular items (i.e. replacing windows, repaving driveways, electrical upgrades, etc.)
 Appreciation for the Public Works team's efforts to be visible to the public
 Overview of ensuring quality programming is offered by the City  Suggestions for increased enforcement of street sweeping violations
 Police department recent partnership with the Orange County Fire Authority and the School District for active shooter training  Support for a School Resource Officer
Mayor Hasselbrink opened the Public Hearing for comment.

Unidentified resident asked for and received an update on the Lampson property and information regarding the Town Center Mixed Use. Resident was advised no official application has been submitted. Resident was advised the recently approved Town Center Mixed Use was a strategic planning tool for future developments.

Mayor Hasselbrink closed the Public Hearing for comment.

Motion/Second: Doby/Bates
Unanimously Carried: The City Council:

1. Reviewed, received, and filed the department overviews for Fiscal Year 2022-23; and,

2. Conducted a Public Hearing on the Proposed Annual Operating and Capital Improvement Program Budget; and,

3. Adopted Resolution No. 2022-23, entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,

CALIFORNIA, ADOPTING THE ANNUAL OPERATING AND

CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL

YEAR 2022-23."

12. DISCUSSION ITEM
A. City Manager Employment Agreement
Following the conclusion of negotiations with City Manager Chester C.

Simmons, the City Council will consider approval of a new City Manager Employment Agreement.

City Attorney Daudt summarized the Staff report and provided an oral summary of the City Manager Employment agreement.

City Council recognized City Manager Simmons began employment during a National pandemic and applaud all that he has accomplished to date.

Motion/Second: Chirco/Doby
Unanimously Carried: The City Council:

1. Received an oral report summarizing the proposed new City Manager Employment Agreement; and,

2. Adopedt Resolution No. 2022-23 approving and authorizing the Mayor to execute a new City Manager Employment Agreement with Chester C. Simmons.

13. ADJOURNMENT
The City Council adjourned at 7:46 p.m.

Shelley Hasselbrink, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

MINUTES OF THE CITY COUNCIL

OF THE CITY OF LOS ALAMITOS
SPECIAL MEETING - Wednesday, July 13, 2022

1. CALL TO ORDER
The City Council met in Special Session 9:04 a.m., Wednesday, July 13, 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: Chirco, Nefulda
Mayor Pro Tem Doby, Mayor Hasselbrink

Absent: Council Members: Bates
Present Staff: Chet Simmons, City Manager
Michael Daudt, City Attorney
Windmera Quintanar, MMC, City Clerk

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

Motion/Second: Chirco/Bates
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 Absent
A. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings
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.

4. ADJOURNMENT
The City Council adjourned at 9:05 a.m.

Shelley Hasselbrink, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER: 10B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: Resolution No. 2022-26 – Amendment to the City’s Conflict of Interest Code

SUMMARY
To comply with the requirements of State law, the attached Resolution proposes to amend the City’s Conflict of Interest Code by updating the list of designated employees that have significant involvement in the City’s decision-making process.

RECOMMENDATION

1. Receive and file the 2022 Local Agency Biennial Notice; and,

2. Adopt Resolution No. 2022-26, entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS ALAMITOS, CALIFORNIA ADOPTING THE CONFLICT OF INTEREST CODE FOR THE CITY AND REPEALING RESOLUTION 2021-38.”

BACKGROUND
The Political Reform Act (Government Code Section 81000 et seq.) requires every local government agency to review its Conflict of Interest Code biennially. The Biennial Notice must be completed and filed with the City Council. Any amendments to the Conflict of Interest Code (COI) must be submitted to the City Council for approval by no later than October 1, 2022. The Conflict of Interest Code is not effective until it has been approved by the City Council.

Cities are required to adopt and, when necessary, amend a Conflict of Interest Code. A Conflict of Interest Code designates, by employment position, those City employees who make or participate in making governmental decisions that may have a foreseeable material effect on any financial interest held by the employee, and requires the designated employee to disclose those interests.

The City Council, Planning Commission, City Manager and City Attorney are not covered in the Conflict of Interest Code because they are already required to file Statements of Economic Interest on Form 700 pursuant to other sections of the Political Reform Act with the Fair Political Practices Commission.

The City Council adopts the Conflict of Interest Code by Resolution which includes adoption by reference of Section 18730 of the California Code of Regulations which is the model Conflict of

Interest Code adopted by the Fair Political Practices Commission for all State and local government agencies. The benefit to adopting the model code is that the City does not have to amend its Code each time the Fair Political Practices Commission amends the Regulations.

Amendments automatically become a part of the City’s Code without further action.

The Fair Political Practice Board recommends a Conflict of Interest Code be amended if any of the below circumstances apply since the Code was last adopted.  The current code is more than five years old?
 There have been any substantial changes to the City’s organizational structure  Positions have been eliminated/re-named
 New positions have been added
 There have been substantial changes in duties or responsibilities for an position

DISCUSSION
The City’s Conflict of Interest Code is required to reflect the current structure of the agency and properly identify all officials and employees who should be filing a Form 700. c It is recommended that Exhibit A to the Code be amended to reflect addition of the following positions:

1. Economic Development Supervisor

2. Los Alamitos Community Foundation

FISCAL IMPACT
None.

Attachment: 1. Biennial Notice

2. Resolution No. 2022-26 - Conflict of Interest Code

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

2022 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:

City of Los Alamitos, City Council - 3191 Katella Ave., Los Alamitos, CA 90720 PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

RESOLUTION NO. 2022-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA ADOPTING THE CONFLICT OF INTEREST
CODE FOR THE CITY AND REPEALING RESOLUTION 2021-38
WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes; and,
WHEREAS, the Fair Political Practices Commission has adopted Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations, Section §18730, which contains the terms of a standard Conflict of Interest Code which can be incorporated by reference in an agency’s code; and,
WHEREAS, after public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and,
WHEREAS, the terms of Title 2, Division 6, California Code of Regulations, Section §18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference; and,
WHEREAS, individuals holding designated positions shall file their statements of economic interest with the City Clerk, which will make the statements available for public inspection and reproduction (Government Code Section 81008); and, WHEREAS, upon receipt of the statements for designated filers under Government Code Section 87200, the City Clerk shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the City; and,
WHEREAS, The City’s current Conflict of Interest Code was adopted by Resolution 2021-38 on December 31, 2021.

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. This Resolution and the attached Exhibits designating positions, Exhibit A, and establishing disclosure requirements, Exhibit B, shall constitute the Conflict of Interest Code of the City of Los Alamitos.

SECTION 3. Resolution No. 2021-38 and all previously adopted Conflict of Interest Codes of the City of Los Alamitos are hereby repealed.

CC RESO 2022-26

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

PASSED, APPROVED AND ADOPTED this 18th day of July, 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, California, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 18th day of July, 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Windmera Quintanar, MMC, City Clerk

CC RESO 2022-26

Exhibit A - Designated Employees and Disclosure Categories The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect of financial interests:

Designated Position1 Disclosure Categories
Accountant 1, 2, 3, 4, 5, 6
Administrative Services Director 1, 2, 3, 4, 5, 6
Administrative Services Manager 1, 2, 3, 4, 5, 6
Associate Planner 1, 2, 3, 4, 5, 6
Assistant Planner 1, 2, 3, 4, 5, 6
Assistant to the City Manager 1, 2, 3, 4
Benefits Coordinator/Executive Assistant 1, 2, 3, 4, 6
Building Official 1, 2, 3, 4, 5, 6
Chief of Police 1, 2, 3, 4, 6
City Clerk 1, 2, 3, 4, 6
City Clerk/Director of Communications 1, 2, 3, 4, 6
City Engineer 1, 2, 3, 4, 5, 6
City Treasurer 1, 2, 3, 4, 5, 6
Code Enforcement Officer 1, 2, 3, 4, 5, 6
Development Services Director 1, 2, 3, 4, 5, 6
Development Services Manager 1, 2, 3, 4, 5, 6
Director of Communications 1, 2, 3, 4, 6
Economic Development Supervisor 1, 2, 3, 4, 5, 6
Finance Assistant 1, 2, 3, 4
Finance Director 1, 2, 3, 4, 5, 6
Finance Manager 1, 2, 3, 4, 5, 6
Lead Foreman 1, 2, 3, 4
Maintenance Foreman 1, 2, 3, 4
Management Analyst 1, 2, 3, 4
Police Captain 1, 2, 3, 4, 6
Public Works Superintendent 1, 2, 3, 4, 6
Public Works Supervisor 1, 2, 3, 4, 6
Recreation & Community Services Director 1, 2, 3, 4, 5, 6 Recreation & Community Services Manager 1, 2, 3, 4
Recreation Supervisor 1, 2, 3
Senior Finance Assistant 1, 2, 3, 4
Support Services Manager 1, 2, 3, 4, 5, 6
Consultants/New Positions 2 1, 2, 3, 6
1 The City Council, Planning Commission, City Manager and City Attorney are not covered in the Conflict of Interest Code because they are already required to file Statements of Economic Interest on Form 700 pursuant to other sections of the Political Reform Act. 2 Consultants/New Positions are included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: The City Manager may determine, in writing, that a particular consultant, although a “designated position” is hired to perform a

CC RESO 2022-26

Committee, Commission and Board Members:

Los Alamitos Community Foundation 1, 2, 3, 5, 6
Parks, Recreation & Cultural Arts Commission 1, 2, 3, 5, 6 Personnel Appeals Commission 1, 2, 3, 5, 6
Traffic Commission 1, 2, 3, 5, 6
range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this Section. Such written determination shall include a description of the consultants’ duties and, based upon that description, a statement of the extent of disclosure requirements.

The City Manager’s determination is a public record and shall be retained for public inspection by the City Clerk in the same manner and location as this Conflict of Interest Code.

CC RESO 2022-26

Exhibit B - Categories of Reportable Economic Interests Designated Employees in Disclosure Category 1 Must Report:

All interest in real property, as defined in Government Code § 82033, located within or subject to the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction of the City if the property or any part of it is located within or not more than two miles outside the boundaries of the City of Los Alamitos, or within two miles of any land owned or used by the City of Los Alamitos. No disclosure need be made concerning the principal residence of the designated employee.

Designated Employees in Disclosure Category 2 Must Report:

All investments, as defined in Government Code § 87034. Financial interests are reportable only if located within or subject to the jurisdiction of the City of Los Alamitos, or if the business entity is doing business or planning to do business in the City of Los Alamitos, or has done business within the City of Los Alamitos at any time during the two years prior to the filing of the statement.

Designated Employees in Disclosure Category 3 Must Report:

All income, as defined in Government Code § 82030, from any source located or doing business within the jurisdiction or expecting to do business within the jurisdiction. Income received from a public agency need not be disclosed.

Designated Employees in Disclosure Category 4 Must Report:

Employees whose duties involve contracting or purchasing:

Contracts or makes purchases for the entire City: Investments and business positions in business entities and sources of income, which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Los Alamitos.

Contracts or makes purchases for specific department: Investments and business positions in business entities and sources of income, which provide services, supplies materials, machinery or equipment of the type utilized by the designated employee's department of division.

Designated Employees in Disclosure Category 5 Must Report:

Investments and business positions in business entities, and sources of income, which engage in land development, construction or the acquisition or sale of real property, and all interests in real property, with the exception of the principal residence of the designated employee.

Designated Employees in Disclosure Category 6 Must Report:

All investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit or licensing authority of the City of Los Alamitos.

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER: 10C
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Chelsi Wilson, Administrative Services Manager Subject: Personnel Changes Related to the Budget

SUMMARY
This report outlines the various personnel related changes that were adopted as part of the Fiscal Year 2022-23 budget.

RECOMMENDATION

1.Adopt Resolution No.2022-25, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING JOB DESCRIPTIONS FOR

ECONOMIC DEVELOPMENT SUPERVISOR AND FULL TIME CODE ENFORCEMENT OFFICER”; and,

2. Adopt Resolution No. 2022-24, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING THE SALARY SCHEDULE FOR

EXECUTIVE MANAGEMENT AND NONREPRESENTED EMPLOYEES TO INCLUDE ECOMONIC DEVELOPMENT SUPERVISOR”.

BACKGROUND
This report outlines the various personnel related changes that were identified in the Fiscal Year 2022-23 adopted budget. The Administrative Services Manager worked with the Development Services Department to define the appropriate job descriptions for each position identified.

DISCUSSION
The attached Full Time Job Descriptions have been developed for the Development Services Department:

Full-Time:
 Economic Development Supervisor
 Full Time Code Enforcement Officer
The Non-Represented salary schedules have been updated to include the Economic Development Supervisor which is comparative to surrounding cities.

Resolution 2021-23 adopted the California Teamsters 911 salary schedule for all 3 tiers and includes a salary range for the Full-Time Code Enforcement Officer position. The Resolution is attached for reference.

FISCAL IMPACT
The fiscal impact associated with the outlined personnel changes were incorporated in the Fiscal year 2022-23 Approved Budget.

Attachment: 1. Resolution No. 2022-25 - Job Descriptions Resolution

2. Exhibit A - Economic Development Supervisor Job Description

3. Exhibit B - Full Time Code Enforcement Officer Job Description

4. Resolution No. 2022-24 - Non-Represented Salary Schedule

5. Exhibit A - Non-Rep Salary Schedules 2021-2023

6. Teamsters Salary Schedules

RESOLUTION NO. 2022-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS ALAMITOS, CALIFORNIA, ADOPTING JOB

DESCRIPTIONS FOR ECONOMIC DEVELOPMENT

SUPERVISOR AND FULL TIME CODE ENFORCEMENT

OFFICER
WHEREAS, on June 13, 2022 the City of Los Alamitos City Council approved the Fiscal Year 2022-23 Budget that identified two new full-time positions for the City of Los Alamitos; and,
WHEREAS, the job descriptions have been developed for the following full-time positions: Economic Development Supervisor and Full Time Code Enforcement Officer; and,
WHEREAS, the new job descriptions will be effective July 18, 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 descriptions for Economic Development Supervisor (Exhibit A) and Full Time Code Enforcement Officer (Exhibit B).

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

PASSED, APPROVED, AND ADOPTED this 18
th day of July, 2022.
________________________________
Shelley Hasselbrink, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk

CC RESO 2022-25

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 18
th day of July, 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

ECONOMIC DEVELOPMENT SUPERVISOR

THE POSITION
This position serves as the Economic Development Supervisor in the Development Services Department and reports directly to the Development Services Manager and Development Services Director. The Economic Development Supervisor serves in a wide variety of duties which include planning, organizing, promoting, coordinating, and supervising various economic development projects, programs, activities, events that will promote the economic growth of the local business community.

ESSENTIAL JOB FUNCTIONS
Duties may include, but are not limited to the following: Plans, organizes, promotes, and leads the City’s economic development programs and functions to enhance business development, attraction, and retention strategies. Collects and compiles analytical data to enhance the economic development sustainability in the City. Prepares innovative ideas and methods to retain and stimulate commercial and business development in the City. Establishes positive, effective relationships with the business community, owners of commercial real estate, commercial real estate developers and brokers, and public agencies to promote the City’s business and economic development activities. Conducts business outreach and expansion within the City to brokers, developers, property managers, businesses, and business resource agencies to promote business attraction and retention. Promotes the City as a competitive business location and enhances communication with the business community through the City’s website, marketing program, networking events, newsletters, publications, seminars, workshops, and email blasts. Maintains an inventory of City businesses and encourages participation in the City's business development and attraction programs. Conducts outreach to the City's largest employers and top producing companies through in-person visits, e-mails, newsletters, and other communications in order to promote continued job and economic growth within the City. Applies for new funding streams made available by the State of California and other sources for the creation and preservation of new economic development opportunities. Participates in the study and development of tax revenue projections. Provides technical coordination and support services to the business community. Creates and manages economic studies to assist with long-range planning in coordination with City departments and other public agencies. Prepares business finance related grant proposals and assists in implementation of projects.

Produces a variety of reports, memoranda, and updates regarding economic development activities, and programs. Maintains ongoing knowledge of current economic development trends and applicable local, state, and federal business regulations, business permits, and financing resources available to city businesses. May serve as administrative support at City Hall during operating hours. Serves as the department liaison with non-profit organizations and attend social events which may benefit the city’s outreach for economic development incentives and programs. Performs related duties as assigned.

QUALIFICATIONS
The idea candidate must possess any combination of education and/or experience such as graduation from a four (4) year college or university with a Bachelor’s Degree in planning, public administration, economics, real estate, related field or a minimum of three (3) years of experience in economic development, community development, planning or related field is preferred.

DESIRABLE KNOWLEDGE, SKILLS AND ABILITIES
Must have the ability to communicate effectively – both orally and in writing. Knowledge of operations, services, activities, and implementation of an economic development program including business attraction and retention programs, practices, and techniques; Principles of marketing, public relations, and customer service practices; application of economics, municipal finance; must be self-motivated, highly energetic, positive, creative, and willing to participate in a fast-paced, team environment.

EXHIBIT A

CITY OF LOS ALAMITOS
Job Description

FULL TIME CODE ENFORCEMENT OFFICER

THE POSITION
Under general direction of the Development Services Director and supervision of the Senior Code Enforcement Officer, the Code Enforcement Officer performs code enforcement activities; responds to zoning, residential, building, commercial and safety code violations; participates in the administration of field inspections and compiles reports related to the day-to-day operations; maintains accurate and complete case files; and performs related duties as required.

ESSENTIAL JOB FUNCTIONS
Duties may include, but are not limited to the following: Participates in the continuous improvement of administrative processes. Trains lower ranked staff. Reviews, monitors and applies municipal codes related to commercial and residential land use and property maintenance.

Issues notices of violation and administrative citations with practical solutions to aid in effective and efficient abatement. Provides technical expertise, code interpretation assistance, advice on enforcement strategies on more complex incidents, and administrative matters. Assists staff and other departments with the interpretation and application of applicable ordinances. Responds in person or by letter to inquiries regarding complaints and investigations, either verbally or with the use of a personal computer or portable tablet. Explains to superiors the status of, or issues involved in, complaints or investigations. Participates in the investigation, preparation and presentation in cases for legal action. Responds to telephone and public counter inquiries concerning various code requirements, including egregious neglect of property maintenance concerns. Researches property records and maintains accurate records and prepares documentation for case prosecution. Consult with staff in other departments to resolve interdepartmental conflicts or concerns. Coordinate enforcement efforts with other City departments and outside agencies. Provide information and serve as liaison to representatives from state, federal and other local agencies. May represent the department in technical organizations and committees. Produces staff reports and studies. Meet with representatives of the community to explain functions, policies and operations and to mediate, resolve conflicts and/or respond to questions, clarify policies and regulations. Enforces the City’s Urban Forest Program and Parkway Tree Masterplan. Assists with department events and programs.

QUALIFICATIONS
The ideal candidate must possess any combination of education and/or experience such as graduation from a four (4) year college or university and three (3) years of increasingly responsible code enforcement experience or related field.

Ability to obtain a valid Class C California Driver’s License by date of hire is required. Valid required license shall be maintained. Certified Code Enforcement Officer with California

EXHIBIT B

Association of Code Enforcement Officers (CACEO) within six (6) months of hire. Successful Completion of a POST 832PC class required within six (6) months of hire

KNOWLEDGE OF
Principles and practices of code enforcement as it relates to municipal code restrictions; investigation techniques and practices; evidence collection and preservation; principles of land use planning; public speaking techniques; property owner rights, property descriptions, assessor's map systems; goals and functions of code enforcement; techniques and methodologies used in making and resolving difficult public contacts with individuals from diverse socio-economic and cultural backgrounds; research practices and techniques; technical report writing, written and verbal English grammar, spelling and construction, and photography

GENERAL KNOWLEDGE OF
State health and safety code; International Property Maintenance Code, principles and practices of office administration and supervision; Techniques of training and evaluation; Project and workload planning; Court room procedures; The principles of budget preparation in the public sector; Practices and methodologies of contract administration.

ABILITY TO
Provide attention to detail on work content, progression and final work products. Assists customers with a primary focus and intent to inform, resolve and gain trust. Provide influential leadership and affects positive change in the community. Plan, organize and engage in the performance of complex, technical work; Develop and implement goals and objectives; Evaluate and determine levels of achievement and performance; Learn, interpret, apply and explain applicable codes, regulations and policies; Identify and analyze administrative problems and implement operational changes; Develop and maintain cooperative working relationships with staff and customers; Determine and implement the appropriate course of action in stressful situations; Manage meetings effectively; Learn and apply City procedures, interviewing, investigative and safety techniques and practices; Accurately research property ownership and status; Work independently; Analyze and evaluate observations and information in relationship to applicable codes and regulations; Communicate effectively both verbally and in writing with individuals from a variety of socioeconomic and cultural backgrounds; Use a personal computer in the composing and editing of written management and technical reports.

RESOLUTION NO. 2022-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, AMENDING THE SALARY SCHEDULE

FOR NON-REPRESENTED EMPLOYEES TO INCLUDE

ECONOMIC DEVELOPMENT SUPERVISOR
WHEREAS, on November 15, 2021, the City Council adopted Resolution 2021-25 establishing the salaries and benefits for Non-Represented Employees; and, WHEREAS, on February 28, 2022 the City Council adopted Resolution 2022-07 amending the Non-Represented Salaries and Benefits resolution to add a Finance Manager position to Middle Management; and,
WHEREAS, the City of Los Alamitos hereby amends the Non-Represented Salaries and Benefits resolution to add an Economic Development Supervisor position to Confidential Employees; and,
WHEREAS, the new salary schedule for Economic Development Supervisor will become effective July 18, 2022; and,
WHEREAS, this Resolution amends Resolution No. 2022-07.

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 Alamitos, California, finds that the above
SECTION 2. Section 3, Subsection C.3. of Resolution 2021-25 is hereby amended to state:

C. EMPLOYEE OR NON-REPRESENTED EMPLOYEE:

3. Confidential employees are the following positions: Public Works Supervisor, Recreation Supervisor, Assistant to the City Manager, Deputy City Clerk, Benefits Coordinator/Executive Assistant, Economic Development Supervisor.

SECTION 3. Amends the Non-Represented Employees Salary Schedule to include Economic Development Supervisor, effective July 18, 2022, attached hereto as Exhibit A.

SECTION 4. Resolution No. 2020-07, Exhibit A – Salary Schedules are hereby repealed in their entirety.

CC RESO 2022-24

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

PASSED, APPROVED, AND ADOPTED this 18th day of July, 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 18th day of July, 2022 by the following vote, to wit:
________________________________________
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 41.18 326 Economic Development Supervisor MONTHLY 5,763.33 6,078.80 6,413.33 6,765.20 7,137.87 328 Public Works Supervisor 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 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 42.00 326 Economic Development Supervisor MONTHLY 5,879.47 6,200.13 6,541.60 6,900.40 7,280.00 328 Public Works Supervisor 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 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.

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 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 42.84 326 Economic Development Supervisor MONTHLY 5,997.33 6,324.93 6,671.60 7,039.07 7,425.60 328 Public Works Supervisor 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 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.

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.

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 7, 2021

EXHIBIT A

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 110 Receptionist 1 HOURLY 17.78 18.67 19.62 20.58 21.61 MONTHLY 3,081.87 3,236.13 3,400.80 3,567.20 3,745.73
ANNUAL 36,982.40 38,833.60 40,809.60 42,806.40 44,948.80 2 HOURLY 17.34 18.22 19.14 20.07 21.08
MONTHLY 3,005.60 3,158.13 3,317.60 3,478.80 3,653.87
ANNUAL 36,067.20 37,897.60 39,811.20 41,745.60 43,846.40 3 HOURLY 16.92 17.77 18.66 19.61 20.57
MONTHLY 2,932.80 3,080.13 3,234.40 3,399.07 3,565.47
ANNUAL 35,193.60 36,961.60 38,812.80 40,788.80 42,785.60 120 Records Clerk 1 HOURLY 20.87 21.92 23.02 24.17 25.39 MONTHLY 3,617.47 3,799.47 3,990.13 4,189.47 4,400.93
ANNUAL 43,409.60 45,593.60 47,881.60 50,273.60 52,811.20 2 HOURLY 20.38 21.39 22.47 23.58 24.75
MONTHLY 3,532.53 3,707.60 3,894.80 4,087.20 4,290.00
ANNUAL 42,390.40 44,491.20 46,737.60 49,046.40 51,480.00 3 HOURLY 19.89 20.86 21.90 23.01 24.16
MONTHLY 3,447.60 3,615.73 3,796.00 3,988.40 4,187.73
ANNUAL 41,371.20 43,388.80 45,552.00 47,860.80 50,252.80 125 Maintenance Worker 1 HOURLY 22.37 23.48 24.65 25.87 27.18 MONTHLY 3,877.47 4,069.87 4,272.67 4,484.13 4,711.20
ANNUAL 46,529.60 48,838.40 51,272.00 53,809.60 56,534.40 2 HOURLY 21.82 22.90 24.06 25.27 26.52
MONTHLY 3,782.13 3,969.33 4,170.40 4,380.13 4,596.80
ANNUAL 45,385.60 47,632.00 50,044.80 52,561.60 55,161.60 3 HOURLY 21.30 22.35 23.47 24.64 25.86
MONTHLY 3,692.00 3,874.00 4,068.13 4,270.93 4,482.40
ANNUAL 44,304.00 46,488.00 48,817.60 51,251.20 53,788.80 126 Maintenance Worker 1 1 HOURLY 23.49 24.67 25.90 27.19 28.56 MONTHLY 4,071.60 4,276.13 4,489.33 4,712.93 4,950.40
ANNUAL 48,859.20 51,313.60 53,872.00 56,555.20 59,404.80 2 HOURLY 22.93 24.08 25.28 26.55 27.87
MONTHLY 3,974.53 4,173.87 4,381.87 4,602.00 4,830.80
ANNUAL 47,694.40 50,086.40 52,582.40 55,224.00 57,969.60 3 HOURLY 22.37 23.48 24.66 25.89 27.18
MONTHLY 3,877.47 4,069.87 4,274.40 4,487.60 4,711.20
ANNUAL 46,529.60 48,838.40 51,292.80 53,851.20 56,534.40 130 Secretary 1 HOURLY 23.74 24.93 26.17 27.47 28.85
MONTHLY 4,114.93 4,321.20 4,536.13 4,761.47 5,000.67
ANNUAL 49,379.20 51,854.40 54,433.60 57,137.60 60,008.00 2 HOURLY 23.17 24.30 25.51 26.81 28.15
MONTHLY 4,016.13 4,212.00 4,421.73 4,647.07 4,879.33
ANNUAL 48,193.60 50,544.00 53,060.80 55,764.80 58,552.00 3 HOURLY 22.59 23.73 24.92 26.14 27.46
MONTHLY 3,915.60 4,113.20 4,319.47 4,530.93 4,759.73
ANNUAL 46,987.20 49,358.40 51,833.60 54,371.20 57,116.80

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 7, 2021

EXHIBIT A

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 135 Records Specialist 1 HOURLY 24.69 25.92 27.22 28.59 30.02 136 Community Liaison Officer MONTHLY 4,279.60 4,492.80 4,718.13 4,955.60 5,203.47 ANNUAL 51,355.20 53,913.60 56,617.60 59,467.20 62,441.60 2 HOURLY 24.11 25.31 26.57 27.90 29.28
MONTHLY 4,179.07 4,387.07 4,605.47 4,836.00 5,075.20
ANNUAL 50,148.80 52,644.80 55,265.60 58,032.00 60,902.40 3 HOURLY 23.51 24.68 25.90 27.21 28.57
MONTHLY 4,075.07 4,277.87 4,489.33 4,716.40 4,952.13
ANNUAL 48,900.80 51,334.40 53,872.00 56,596.80 59,425.60 140 Senior Maintenance Worker 1 HOURLY 25.98 27.28 28.65 30.07 31.58 145 Finance Assistant MONTHLY 4,503.20 4,728.53 4,966.00 5,212.13 5,473.87 150 Mechanic ANNUAL 54,038.40 56,742.40 59,592.00 62,545.60 65,686.40 152 Planning Aide
2 HOURLY 25.35 26.60 27.95 29.33 30.80
MONTHLY 4,394.00 4,610.67 4,844.67 5,083.87 5,338.67
ANNUAL 52,728.00 55,328.00 58,136.00 61,006.40 64,064.00 3 HOURLY 24.71 25.94 27.25 28.61 30.04
MONTHLY 4,283.07 4,496.27 4,723.33 4,959.07 5,206.93
ANNUAL 51,396.80 53,955.20 56,680.00 59,508.80 62,483.20 155 Recreation Coordinator 1 HOURLY 26.21 27.54 28.91 30.36 31.88 157 Recreation Coordinator/ Graphic Design MONTHLY 4,543.07 4,773.60 5,011.07 5,262.40 5,525.87 ANNUAL 54,516.80 57,283.20 60,132.80 63,148.80 66,310.40 2 HOURLY 25.58 26.87 28.20 29.62 31.09
MONTHLY 4,433.87 4,657.47 4,888.00 5,134.13 5,388.93
ANNUAL 53,206.40 55,889.60 58,656.00 61,609.60 64,667.20 3 HOURLY 24.96 26.20 27.52 28.88 30.35
MONTHLY 4,326.40 4,541.33 4,770.13 5,005.87 5,260.67
ANNUAL 51,916.80 54,496.00 57,241.60 60,070.40 63,128.00 160 Department Secretary 1 HOURLY 26.74 28.07 29.49 30.97 32.51 MONTHLY 4,634.93 4,865.47 5,111.60 5,368.13 5,635.07
ANNUAL 55,619.20 58,385.60 61,339.20 64,417.60 67,620.80 2 HOURLY 26.10 27.41 28.77 30.21 31.72
MONTHLY 4,524.00 4,751.07 4,986.80 5,236.40 5,498.13
ANNUAL 54,288.00 57,012.80 59,841.60 62,836.80 65,977.60 3 HOURLY 25.45 26.73 28.06 29.46 30.96
MONTHLY 4,411.33 4,633.20 4,863.73 5,106.40 5,366.40
ANNUAL 52,936.00 55,598.40 58,364.80 61,276.80 64,396.80 305 Senior Finance Assistant 1 HOURLY 28.84 30.29 31.80 33.38 35.04 MONTHLY 4,998.93 5,250.27 5,512.00 5,785.87 6,073.60
ANNUAL 59,987.20 63,003.20 66,144.00 69,430.40 72,883.20 2 HOURLY 28.14 29.56 31.02 32.56 34.19
MONTHLY 4,877.60 5,123.73 5,376.80 5,643.73 5,926.27
ANNUAL 58,531.20 61,484.80 64,521.60 67,724.80 71,115.20 3 HOURLY 27.45 28.82 30.26 31.78 33.35
MONTHLY 4,758.00 4,995.47 5,245.07 5,508.53 5,780.67
ANNUAL 57,096.00 59,945.60 62,940.80 66,102.40 69,368.00

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 7, 2021

EXHIBIT A

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 170 Assistant Planner 1 HOURLY 29.90 31.40 32.96 34.62 36.34 175 Code Enforcement Officer MONTHLY 5,182.67 5,442.67 5,713.07 6,000.80 6,298.93 ANNUAL 62,192.00 65,312.00 68,556.80 72,009.60 75,587.20 2 HOURLY 29.17 30.62 32.15 33.76 35.47
MONTHLY 5,056.13 5,307.47 5,572.67 5,851.73 6,148.13
ANNUAL 60,673.60 63,689.60 66,872.00 70,220.80 73,777.60 3 HOURLY 28.45 29.89 31.37 32.94 34.60
MONTHLY 4,931.33 5,180.93 5,437.47 5,709.60 5,997.33
ANNUAL 59,176.00 62,171.20 65,249.60 68,515.20 71,968.00 180 Maintenance Foreman 1 HOURLY 30.16 31.67 33.25 34.90 36.66 185 Master Mechanic MONTHLY 5,227.73 5,489.47 5,763.33 6,049.33 6,354.40 ANNUAL 62,732.80 65,873.60 69,160.00 72,592.00 76,252.80 2 HOURLY 29.41 30.88 32.45 34.06 35.76
MONTHLY 5,097.73 5,352.53 5,624.67 5,903.73 6,198.40
ANNUAL 61,172.80 64,230.40 67,496.00 70,844.80 74,380.80 3 HOURLY 28.71 30.15 31.63 33.23 34.87
MONTHLY 4,976.40 5,226.00 5,482.53 5,759.87 6,044.13
ANNUAL 59,716.80 62,712.00 65,790.40 69,118.40 72,529.60 205 Lead Foreman 1 HOURLY 32.12 33.73 35.42 37.19 39.04 MONTHLY 5,567.47 5,846.53 6,139.47 6,446.27 6,766.93
ANNUAL 66,809.60 70,158.40 73,673.60 77,355.20 81,203.20 2 HOURLY 31.34 32.91 34.56 36.29 38.10
MONTHLY 5,432.27 5,704.40 5,990.40 6,290.27 6,604.00
ANNUAL 65,187.20 68,452.80 71,884.80 75,483.20 79,248.00 3 HOURLY 30.58 32.10 33.71 35.40 37.17
MONTHLY 5,300.53 5,564.00 5,843.07 6,136.00 6,442.80
ANNUAL 63,606.40 66,768.00 70,116.80 73,632.00 77,313.60 210 Accountant 1 HOURLY 34.03 35.74 37.52 39.38 41.35
MONTHLY 5,898.53 6,194.93 6,503.47 6,825.87 7,167.33
ANNUAL 70,782.40 74,339.20 78,041.60 81,910.40 86,008.00 2 HOURLY 33.21 34.85 36.60 38.42 40.34
MONTHLY 5,756.40 6,040.67 6,344.00 6,659.47 6,992.27
ANNUAL 69,076.80 72,488.00 76,128.00 79,913.60 83,907.20 3 HOURLY 32.40 34.01 35.69 37.49 39.36
MONTHLY 5,616.00 5,895.07 6,186.27 6,498.27 6,822.40
ANNUAL 67,392.00 70,740.80 74,235.20 77,979.20 81,868.80 195 Associate Planner 1 HOURLY 33.71 35.40 37.15 39.03 40.95 MONTHLY 5,843.07 6,136.00 6,439.33 6,765.20 7,098.00
ANNUAL 70,116.80 73,632.00 77,272.00 81,182.40 85,176.00 2 HOURLY 33.29 34.95 36.71 38.53 40.47
MONTHLY 5,770.27 6,058.00 6,363.07 6,678.53 7,014.80
ANNUAL 69,243.20 72,696.00 76,356.80 80,142.40 84,177.60 3 HOURLY 32.48 34.10 35.80 37.59 39.49
MONTHLY 5,629.87 5,910.67 6,205.33 6,515.60 6,844.93
ANNUAL 67,558.40 70,928.00 74,464.00 78,187.20 82,139.20

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 7, 2021

EXHIBIT A

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 220 Management Analyst 1 HOURLY 38.28 40.19 42.20 44.31 46.52 MONTHLY 6,635.20 6,966.27 7,314.67 7,680.40 8,063.47
ANNUAL 79,622.40 83,595.20 87,776.00 92,164.80 96,761.60 2 HOURLY 37.34 39.21 41.17 43.22 45.40
MONTHLY 6,472.27 6,796.40 7,136.13 7,491.47 7,869.33
ANNUAL 77,667.20 81,556.80 85,633.60 89,897.60 94,432.00 3 HOURLY 36.43 38.25 40.16 42.17 44.28
MONTHLY 6,314.53 6,630.00 6,961.07 7,309.47 7,675.20
ANNUAL 75,774.40 79,560.00 83,532.80 87,713.60 92,102.40

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 6, 2022

EXHIBIT B

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 110 Receptionist 1 HOURLY 18.14 19.04 20.01 20.99 22.04 MONTHLY 3,144.27 3,300.27 3,468.40 3,638.27 3,820.27
ANNUAL 37,731.20 39,603.20 41,620.80 43,659.20 45,843.20 2 HOURLY 17.69 18.58 19.52 20.47 21.50
MONTHLY 3,066.27 3,220.53 3,383.47 3,548.13 3,726.67
ANNUAL 36,795.20 38,646.40 40,601.60 42,577.60 44,720.00 3 HOURLY 17.26 18.13 19.03 20.00 20.98
MONTHLY 2,991.73 3,142.53 3,298.53 3,466.67 3,636.53
ANNUAL 35,900.80 37,710.40 39,582.40 41,600.00 43,638.40 120 Records Clerk 1 HOURLY 21.29 22.36 23.48 24.65 25.90 MONTHLY 3,690.27 3,875.73 4,069.87 4,272.67 4,489.33
ANNUAL 44,283.20 46,508.80 48,838.40 51,272.00 53,872.00 2 HOURLY 20.79 21.82 22.92 24.05 25.25
MONTHLY 3,603.60 3,782.13 3,972.80 4,168.67 4,376.67
ANNUAL 43,243.20 45,385.60 47,673.60 50,024.00 52,520.00 3 HOURLY 20.29 21.28 22.34 23.47 24.64
MONTHLY 3,516.93 3,688.53 3,872.27 4,068.13 4,270.93
ANNUAL 42,203.20 44,262.40 46,467.20 48,817.60 51,251.20 125 Maintenance Worker 1 HOURLY 22.82 23.95 25.14 26.39 27.72 MONTHLY 3,955.47 4,151.33 4,357.60 4,574.27 4,804.80
ANNUAL 47,465.60 49,816.00 52,291.20 54,891.20 57,657.60 2 HOURLY 22.26 23.36 24.54 25.78 27.05
MONTHLY 3,858.40 4,049.07 4,253.60 4,468.53 4,688.67
ANNUAL 46,300.80 48,588.80 51,043.20 53,622.40 56,264.00 3 HOURLY 21.73 22.80 23.94 25.13 26.38
MONTHLY 3,766.53 3,952.00 4,149.60 4,355.87 4,572.53
ANNUAL 45,198.40 47,424.00 49,795.20 52,270.40 54,870.40 126 Maintenance Worker 1 1 HOURLY 23.96 25.16 26.42 27.73 29.13 MONTHLY 4,153.07 4,361.07 4,579.47 4,806.53 5,049.20
ANNUAL 49,836.80 52,332.80 54,953.60 57,678.40 60,590.40 2 HOURLY 23.39 24.56 25.79 27.08 28.43
MONTHLY 4,054.27 4,257.07 4,470.27 4,693.87 4,927.87
ANNUAL 48,651.20 51,084.80 53,643.20 56,326.40 59,134.40 3 HOURLY 22.82 23.95 25.15 26.41 27.72
MONTHLY 3,955.47 4,151.33 4,359.33 4,577.73 4,804.80
ANNUAL 47,465.60 49,816.00 52,312.00 54,932.80 57,657.60 130 Secretary 1 HOURLY 24.21 25.43 26.69 28.02 29.43
MONTHLY 4,196.40 4,407.87 4,626.27 4,856.80 5,101.20
ANNUAL 50,356.80 52,894.40 55,515.20 58,281.60 61,214.40 2 HOURLY 23.63 24.79 26.02 27.35 28.71
MONTHLY 4,095.87 4,296.93 4,510.13 4,740.67 4,976.40
ANNUAL 49,150.40 51,563.20 54,121.60 56,888.00 59,716.80 3 HOURLY 23.04 24.20 25.42 26.66 28.01
MONTHLY 3,993.60 4,194.67 4,406.13 4,621.07 4,855.07
ANNUAL 47,923.20 50,336.00 52,873.60 55,452.80 58,260.80

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 6, 2022

EXHIBIT B

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 135 Records Specialist 1 HOURLY 25.18 26.44 27.76 29.16 30.62 136 Community Liaison Officer MONTHLY 4,364.53 4,582.93 4,811.73 5,054.40 5,307.47 ANNUAL 52,374.40 54,995.20 57,740.80 60,652.80 63,689.60 2 HOURLY 24.59 25.82 27.10 28.46 29.87
MONTHLY 4,262.27 4,475.47 4,697.33 4,933.07 5,177.47
ANNUAL 51,147.20 53,705.60 56,368.00 59,196.80 62,129.60 3 HOURLY 23.98 25.17 26.42 27.75 29.14
MONTHLY 4,156.53 4,362.80 4,579.47 4,810.00 5,050.93
ANNUAL 49,878.40 52,353.60 54,953.60 57,720.00 60,611.20 140 Senior Maintenance Worker 1 HOURLY 26.50 27.83 29.22 30.67 32.21 145 Finance Assistant MONTHLY 4,593.33 4,823.87 5,064.80 5,316.13 5,583.07 150 Mechanic ANNUAL 55,120.00 57,886.40 60,777.60 63,793.60 66,996.80 152 Planning Aide
2 HOURLY 25.86 27.13 28.51 29.92 31.42
MONTHLY 4,482.40 4,702.53 4,941.73 5,186.13 5,446.13
ANNUAL 53,788.80 56,430.40 59,300.80 62,233.60 65,353.60 3 HOURLY 25.20 26.46 27.80 29.18 30.64
MONTHLY 4,368.00 4,586.40 4,818.67 5,057.87 5,310.93
ANNUAL 52,416.00 55,036.80 57,824.00 60,694.40 63,731.20 155 Recreation Coordinator 1 HOURLY 26.73 28.09 29.49 30.97 32.52 157 Recreation Coordinator/ Graphic Design MONTHLY 4,633.20 4,868.93 5,111.60 5,368.13 5,636.80 ANNUAL 55,598.40 58,427.20 61,339.20 64,417.60 67,641.60 2 HOURLY 26.09 27.41 28.76 30.21 31.71
MONTHLY 4,522.27 4,751.07 4,985.07 5,236.40 5,496.40
ANNUAL 54,267.20 57,012.80 59,820.80 62,836.80 65,956.80 3 HOURLY 25.46 26.72 28.07 29.46 30.96
MONTHLY 4,413.07 4,631.47 4,865.47 5,106.40 5,366.40
ANNUAL 52,956.80 55,577.60 58,385.60 61,276.80 64,396.80 160 Department Secretary 1 HOURLY 27.27 28.63 30.08 31.59 33.16 MONTHLY 4,726.80 4,962.53 5,213.87 5,475.60 5,747.73
ANNUAL 56,721.60 59,550.40 62,566.40 65,707.20 68,972.80 2 HOURLY 26.62 27.96 29.35 30.81 32.35
MONTHLY 4,614.13 4,846.40 5,087.33 5,340.40 5,607.33
ANNUAL 55,369.60 58,156.80 61,048.00 64,084.80 67,288.00 3 HOURLY 25.96 27.26 28.62 30.05 31.58
MONTHLY 4,499.73 4,725.07 4,960.80 5,208.67 5,473.87
ANNUAL 53,996.80 56,700.80 59,529.60 62,504.00 65,686.40 305 Senior Finance Assistant 1 HOURLY 29.42 30.90 32.44 34.05 35.74 MONTHLY 5,099.47 5,356.00 5,622.93 5,902.00 6,194.93
ANNUAL 61,193.60 64,272.00 67,475.20 70,824.00 74,339.20 2 HOURLY 28.70 30.15 31.64 33.21 34.87
MONTHLY 4,974.67 5,226.00 5,484.27 5,756.40 6,044.13
ANNUAL 59,696.00 62,712.00 65,811.20 69,076.80 72,529.60 3 HOURLY 28.00 29.40 30.87 32.42 34.02
MONTHLY 4,853.33 5,096.00 5,350.80 5,619.47 5,896.80
ANNUAL 58,240.00 61,152.00 64,209.60 67,433.60 70,761.60

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 6, 2022

EXHIBIT B

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 170 Assistant Planner 1 HOURLY 30.50 32.03 33.62 35.31 37.07 175 Code Enforcement Officer MONTHLY 5,286.67 5,551.87 5,827.47 6,120.40 6,425.47 ANNUAL 63,440.00 66,622.40 69,929.60 73,444.80 77,105.60 2 HOURLY 29.75 31.23 32.79 34.44 36.18
MONTHLY 5,156.67 5,413.20 5,683.60 5,969.60 6,271.20
ANNUAL 61,880.00 64,958.40 68,203.20 71,635.20 75,254.40 3 HOURLY 29.02 30.49 32.00 33.60 35.29
MONTHLY 5,030.13 5,284.93 5,546.67 5,824.00 6,116.93
ANNUAL 60,361.60 63,419.20 66,560.00 69,888.00 73,403.20 180 Maintenance Foreman 1 HOURLY 30.76 32.30 33.92 35.60 37.39 185 Master Mechanic MONTHLY 5,331.73 5,598.67 5,879.47 6,170.67 6,480.93 ANNUAL 63,980.80 67,184.00 70,553.60 74,048.00 77,771.20 2 HOURLY 30.00 31.50 33.10 34.74 36.48
MONTHLY 5,200.00 5,460.00 5,737.33 6,021.60 6,323.20
ANNUAL 62,400.00 65,520.00 68,848.00 72,259.20 75,878.40 3 HOURLY 29.28 30.75 32.26 33.89 35.57
MONTHLY 5,075.20 5,330.00 5,591.73 5,874.27 6,165.47
ANNUAL 60,902.40 63,960.00 67,100.80 70,491.20 73,985.60 205 Lead Foreman 1 HOURLY 32.76 34.40 36.13 37.93 39.82 MONTHLY 5,678.40 5,962.67 6,262.53 6,574.53 6,902.13
ANNUAL 68,140.80 71,552.00 75,150.40 78,894.40 82,825.60 2 HOURLY 31.97 33.57 35.25 37.02 38.86
MONTHLY 5,541.47 5,818.80 6,110.00 6,416.80 6,735.73
ANNUAL 66,497.60 69,825.60 73,320.00 77,001.60 80,828.80 3 HOURLY 31.19 32.74 34.38 36.11 37.91
MONTHLY 5,406.27 5,674.93 5,959.20 6,259.07 6,571.07
ANNUAL 64,875.20 68,099.20 71,510.40 75,108.80 78,852.80 210 Accountant 1 HOURLY 34.71 36.45 38.27 40.17 42.18
MONTHLY 6,016.40 6,318.00 6,633.47 6,962.80 7,311.20
ANNUAL 72,196.80 75,816.00 79,601.60 83,553.60 87,734.40 2 HOURLY 33.87 35.55 37.33 39.19 41.15
MONTHLY 5,870.80 6,162.00 6,470.53 6,792.93 7,132.67
ANNUAL 70,449.60 73,944.00 77,646.40 81,515.20 85,592.00 3 HOURLY 33.05 34.69 36.40 38.24 40.15
MONTHLY 5,728.67 6,012.93 6,309.33 6,628.27 6,959.33
ANNUAL 68,744.00 72,155.20 75,712.00 79,539.20 83,512.00 195 Associate Planner 1 HOURLY 34.38 36.11 37.89 39.81 41.77 MONTHLY 5,959.20 6,259.07 6,567.60 6,900.40 7,240.13
ANNUAL 71,510.40 75,108.80 78,811.20 82,804.80 86,881.60 2 HOURLY 33.96 35.65 37.44 39.30 41.28
MONTHLY 5,886.40 6,179.33 6,489.60 6,812.00 7,155.20
ANNUAL 70,636.80 74,152.00 77,875.20 81,744.00 85,862.40 3 HOURLY 33.13 34.78 36.52 38.34 40.28
MONTHLY 5,742.53 6,028.53 6,330.13 6,645.60 6,981.87
ANNUAL 68,910.40 72,342.40 75,961.60 79,747.20 83,782.40

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 6, 2022

EXHIBIT B

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 220 Management Analyst 1 HOURLY 39.05 40.99 43.04 45.20 47.45 MONTHLY 6,768.67 7,104.93 7,460.27 7,834.67 8,224.67
ANNUAL 81,224.00 85,259.20 89,523.20 94,016.00 98,696.00 2 HOURLY 38.09 39.99 41.99 44.08 46.31
MONTHLY 6,602.27 6,931.60 7,278.27 7,640.53 8,027.07
ANNUAL 79,227.20 83,179.20 87,339.20 91,686.40 96,324.80 3 HOURLY 37.16 39.02 40.96 43.01 45.17
MONTHLY 6,441.07 6,763.47 7,099.73 7,455.07 7,829.47
ANNUAL 77,292.80 81,161.60 85,196.80 89,460.80 93,953.60

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 5, 2023

EXHIBIT C

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 110 Receptionist 1 HOURLY 18.50 19.42 20.41 21.41 22.48 MONTHLY 3,206.67 3,366.13 3,537.73 3,711.07 3,896.53
ANNUAL 38,480.00 40,393.60 42,452.80 44,532.80 46,758.40 2 HOURLY 18.04 18.95 19.91 20.88 21.93
MONTHLY 3,126.93 3,284.67 3,451.07 3,619.20 3,801.20
ANNUAL 37,523.20 39,416.00 41,412.80 43,430.40 45,614.40 3 HOURLY 17.61 18.49 19.41 20.40 21.40
MONTHLY 3,052.40 3,204.93 3,364.40 3,536.00 3,709.33
ANNUAL 36,628.80 38,459.20 40,372.80 42,432.00 44,512.00 120 Records Clerk 1 HOURLY 21.72 22.81 23.95 25.14 26.42 MONTHLY 3,764.80 3,953.73 4,151.33 4,357.60 4,579.47
ANNUAL 45,177.60 47,444.80 49,816.00 52,291.20 54,953.60 2 HOURLY 21.21 22.26 23.38 24.53 25.76
MONTHLY 3,676.40 3,858.40 4,052.53 4,251.87 4,465.07
ANNUAL 44,116.80 46,300.80 48,630.40 51,022.40 53,580.80 3 HOURLY 20.70 21.71 22.79 23.94 25.13
MONTHLY 3,588.00 3,763.07 3,950.27 4,149.60 4,355.87
ANNUAL 43,056.00 45,156.80 47,403.20 49,795.20 52,270.40 125 Maintenance Worker 1 HOURLY 23.28 24.43 25.64 26.92 28.27 MONTHLY 4,035.20 4,234.53 4,444.27 4,666.13 4,900.13
ANNUAL 48,422.40 50,814.40 53,331.20 55,993.60 58,801.60 2 HOURLY 22.71 23.83 25.03 26.30 27.59
MONTHLY 3,936.40 4,130.53 4,338.53 4,558.67 4,782.27
ANNUAL 47,236.80 49,566.40 52,062.40 54,704.00 57,387.20 3 HOURLY 22.16 23.26 24.42 25.63 26.91
MONTHLY 3,841.07 4,031.73 4,232.80 4,442.53 4,664.40
ANNUAL 46,092.80 48,380.80 50,793.60 53,310.40 55,972.80 126 Maintenance Worker 1 1 HOURLY 24.44 25.66 26.95 28.28 29.71 MONTHLY 4,236.27 4,447.73 4,671.33 4,901.87 5,149.73
ANNUAL 50,835.20 53,372.80 56,056.00 58,822.40 61,796.80 2 HOURLY 23.86 25.05 26.31 27.62 29.00
MONTHLY 4,135.73 4,342.00 4,560.40 4,787.47 5,026.67
ANNUAL 49,628.80 52,104.00 54,724.80 57,449.60 60,320.00 3 HOURLY 23.28 24.43 25.65 26.94 28.27
MONTHLY 4,035.20 4,234.53 4,446.00 4,669.60 4,900.13
ANNUAL 48,422.40 50,814.40 53,352.00 56,035.20 58,801.60 130 Secretary 1 HOURLY 24.69 25.94 27.22 28.58 30.02
MONTHLY 4,279.60 4,496.27 4,718.13 4,953.87 5,203.47
ANNUAL 51,355.20 53,955.20 56,617.60 59,446.40 62,441.60 2 HOURLY 24.10 25.29 26.54 27.90 29.28
MONTHLY 4,177.33 4,383.60 4,600.27 4,836.00 5,075.20
ANNUAL 50,128.00 52,603.20 55,203.20 58,032.00 60,902.40 3 HOURLY 23.50 24.68 25.93 27.19 28.57
MONTHLY 4,073.33 4,277.87 4,494.53 4,712.93 4,952.13
ANNUAL 48,880.00 51,334.40 53,934.40 56,555.20 59,425.60

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 5, 2023

EXHIBIT C

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 135 Records Specialist 1 HOURLY 25.68 26.97 28.32 29.74 31.23 136 Community Liaison Officer MONTHLY 4,451.20 4,674.80 4,908.80 5,154.93 5,413.20 ANNUAL 53,414.40 56,097.60 58,905.60 61,859.20 64,958.40 2 HOURLY 25.08 26.34 27.64 29.03 30.47
MONTHLY 4,347.20 4,565.60 4,790.93 5,031.87 5,281.47
ANNUAL 52,166.40 54,787.20 57,491.20 60,382.40 63,377.60 3 HOURLY 24.46 25.67 26.95 28.31 29.72
MONTHLY 4,239.73 4,449.47 4,671.33 4,907.07 5,151.47
ANNUAL 50,876.80 53,393.60 56,056.00 58,884.80 61,817.60 140 Senior Maintenance Worker 1 HOURLY 27.03 28.39 29.80 31.28 32.85 145 Finance Assistant MONTHLY 4,685.20 4,920.93 5,165.33 5,421.87 5,694.00 150 Mechanic ANNUAL 56,222.40 59,051.20 61,984.00 65,062.40 68,328.00 152 Planning Aide
2 HOURLY 26.38 27.67 29.08 30.52 32.05
MONTHLY 4,572.53 4,796.13 5,040.53 5,290.13 5,555.33
ANNUAL 54,870.40 57,553.60 60,486.40 63,481.60 66,664.00 3 HOURLY 25.70 26.99 28.36 29.76 31.25
MONTHLY 4,454.67 4,678.27 4,915.73 5,158.40 5,416.67
ANNUAL 53,456.00 56,139.20 58,988.80 61,900.80 65,000.00 155 Recreation Coordinator 1 HOURLY 27.26 28.65 30.08 31.59 33.17 157 Recreation Coordinator/ Graphic Design MONTHLY 4,725.07 4,966.00 5,213.87 5,475.60 5,749.47 ANNUAL 56,700.80 59,592.00 62,566.40 65,707.20 68,993.60 2 HOURLY 26.61 27.96 29.34 30.81 32.34
MONTHLY 4,612.40 4,846.40 5,085.60 5,340.40 5,605.60
ANNUAL 55,348.80 58,156.80 61,027.20 64,084.80 67,267.20 3 HOURLY 25.97 27.25 28.63 30.05 31.58
MONTHLY 4,501.47 4,723.33 4,962.53 5,208.67 5,473.87
ANNUAL 54,017.60 56,680.00 59,550.40 62,504.00 65,686.40 160 Department Secretary 1 HOURLY 27.82 29.20 30.68 32.22 33.82 MONTHLY 4,822.13 5,061.33 5,317.87 5,584.80 5,862.13
ANNUAL 57,865.60 60,736.00 63,814.40 67,017.60 70,345.60 2 HOURLY 27.15 28.52 29.94 31.43 33.00
MONTHLY 4,706.00 4,943.47 5,189.60 5,447.87 5,720.00
ANNUAL 56,472.00 59,321.60 62,275.20 65,374.40 68,640.00 3 HOURLY 26.48 27.81 29.19 30.65 32.21
MONTHLY 4,589.87 4,820.40 5,059.60 5,312.67 5,583.07
ANNUAL 55,078.40 57,844.80 60,715.20 63,752.00 66,996.80 305 Senior Finance Assistant 1 HOURLY 30.01 31.52 33.09 34.73 36.45 MONTHLY 5,201.73 5,463.47 5,735.60 6,019.87 6,318.00
ANNUAL 62,420.80 65,561.60 68,827.20 72,238.40 75,816.00 2 HOURLY 29.27 30.75 32.27 33.87 35.57
MONTHLY 5,073.47 5,330.00 5,593.47 5,870.80 6,165.47
ANNUAL 60,881.60 63,960.00 67,121.60 70,449.60 73,985.60 3 HOURLY 28.56 29.99 31.49 33.07 34.70
MONTHLY 4,950.40 5,198.27 5,458.27 5,732.13 6,014.67
ANNUAL 59,404.80 62,379.20 65,499.20 68,785.60 72,176.00

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 5, 2023

EXHIBIT C

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 170 Assistant Planner 1 HOURLY 31.11 32.67 34.29 36.02 37.81 175 Code Enforcement Officer MONTHLY 5,392.40 5,662.80 5,943.60 6,243.47 6,553.73 ANNUAL 64,708.80 67,953.60 71,323.20 74,921.60 78,644.80 2 HOURLY 30.35 31.85 33.45 35.13 36.90
MONTHLY 5,260.67 5,520.67 5,798.00 6,089.20 6,396.00
ANNUAL 63,128.00 66,248.00 69,576.00 73,070.40 76,752.00 3 HOURLY 29.60 31.10 32.64 34.27 36.00
MONTHLY 5,130.67 5,390.67 5,657.60 5,940.13 6,240.00
ANNUAL 61,568.00 64,688.00 67,891.20 71,281.60 74,880.00 180 Maintenance Foreman 1 HOURLY 31.38 32.95 34.60 36.31 38.14 185 Master Mechanic MONTHLY 5,439.20 5,711.33 5,997.33 6,293.73 6,610.93 ANNUAL 65,270.40 68,536.00 71,968.00 75,524.80 79,331.20 2 HOURLY 30.60 32.13 33.76 35.43 37.21
MONTHLY 5,304.00 5,569.20 5,851.73 6,141.20 6,449.73
ANNUAL 63,648.00 66,830.40 70,220.80 73,694.40 77,396.80 3 HOURLY 29.87 31.37 32.91 34.57 36.28
MONTHLY 5,177.47 5,437.47 5,704.40 5,992.13 6,288.53
ANNUAL 62,129.60 65,249.60 68,452.80 71,905.60 75,462.40 205 Lead Foreman 1 HOURLY 33.42 35.09 36.85 38.69 40.62 MONTHLY 5,792.80 6,082.27 6,387.33 6,706.27 7,040.80
ANNUAL 69,513.60 72,987.20 76,648.00 80,475.20 84,489.60 2 HOURLY 32.61 34.24 35.96 37.76 39.64
MONTHLY 5,652.40 5,934.93 6,233.07 6,545.07 6,870.93
ANNUAL 67,828.80 71,219.20 74,796.80 78,540.80 82,451.20 3 HOURLY 31.81 33.39 35.07 36.83 38.67
MONTHLY 5,513.73 5,787.60 6,078.80 6,383.87 6,702.80
ANNUAL 66,164.80 69,451.20 72,945.60 76,606.40 80,433.60 210 Accountant 1 HOURLY 35.40 37.18 39.04 40.97 43.02
MONTHLY 6,136.00 6,444.53 6,766.93 7,101.47 7,456.80
ANNUAL 73,632.00 77,334.40 81,203.20 85,217.60 89,481.60 2 HOURLY 34.55 36.26 38.08 39.97 41.97
MONTHLY 5,988.67 6,285.07 6,600.53 6,928.13 7,274.80
ANNUAL 71,864.00 75,420.80 79,206.40 83,137.60 87,297.60 3 HOURLY 33.71 35.38 37.13 39.00 40.95
MONTHLY 5,843.07 6,132.53 6,435.87 6,760.00 7,098.00
ANNUAL 70,116.80 73,590.40 77,230.40 81,120.00 85,176.00 195 Associate Planner 1 HOURLY 35.07 36.83 38.65 40.61 42.61 MONTHLY 6,078.80 6,383.87 6,699.33 7,039.07 7,385.73
ANNUAL 72,945.60 76,606.40 80,392.00 84,468.80 88,628.80 2 HOURLY 34.64 36.36 38.19 40.09 42.11
MONTHLY 6,004.27 6,302.40 6,619.60 6,948.93 7,299.07
ANNUAL 72,051.20 75,628.80 79,435.20 83,387.20 87,588.80 3 HOURLY 33.79 35.48 37.25 39.11 41.09
MONTHLY 5,856.93 6,149.87 6,456.67 6,779.07 7,122.27
ANNUAL 70,283.20 73,798.40 77,480.00 81,348.80 85,467.20

CALIFORNIA TEAMSTERS 911

SALARY SCHEDULE
EFFECTIVE NOVEMBER 5, 2023

EXHIBIT C

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 220 Management Analyst 1 HOURLY 39.83 41.81 43.90 46.10 48.40 MONTHLY 6,903.87 7,247.07 7,609.33 7,990.67 8,389.33
ANNUAL 82,846.40 86,964.80 91,312.00 95,888.00 100,672.00 2 HOURLY 38.85 40.79 42.83 44.96 47.24
MONTHLY 6,734.00 7,070.27 7,423.87 7,793.07 8,188.27
ANNUAL 80,808.00 84,843.20 89,086.40 93,516.80 98,259.20 3 HOURLY 37.90 39.80 41.78 43.87 46.07
MONTHLY 6,569.33 6,898.67 7,241.87 7,604.13 7,985.47
ANNUAL 78,832.00 82,784.00 86,902.40 91,249.60 95,825.60

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER: 10D
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Emeline Noda, Director of Recreation & Community Services Subject: Event Management Services Agreement with Special Olympics Southern California

SUMMARY
This report provides general information and seeks City Council approval of a new Event Management Services Agreement with Special Olympics Southern California and waive facility use fees for third-party services to provide programs for special needs athletes in Los Alamitos.

RECOMMENDATION
Authorize the Mayor to execute the Event Management Services Agreement with Special Olympics Southern California and waive facility use fees for third-party administration services to provide programs for special needs athletes in Los Alamitos through June 1, 2024.

BACKGROUND
The City has contracted with Southern California Special Olympics since May 4, 2016 and has been pleased with the service provided. Southern California Special Olympics utilizes the Laurel Park tennis courts during the fall season to offer tennis and the Oak Gymnasium during the spring season to offer basketball.

DISCUSSION
Services provided by Southern California Special Olympics include:

1. Coordinating programs for special needs in the City of Los Alamitos.

2. Coordinating all program/event details, including but not limited to: creation of promotional materials, recruitment of coaches and athletes, and registration of coaches and athletes.

3. Supervising coaches and athletes during Special Olympics Southern California’s programs/events.

Services provided by the City of Los Alamitos include:

1. Providing facilities in Los Alamitos which includes the Los Alamitos Community Center, Laurel Park, and the Oak Gymnasium.

2. Providing marketing space in the quarterly Recreation Brochure and the City’s website.

If approved, the proposed Event Management Services Agreement will commence on August 1, 2022 and continue for a term of two (2) years through June 1, 2024. This is a no cost item for use of facilities with the exception of any additional staff requested.

FISCAL IMPACT
None.

Attachment: 1. Event Management Services Agreement

1696828.1
1 EVENT MANAGEMENT SERVICES AGREEMENT
(City of Los Alamitos/Special Olympics Southern California) THIS EVENT MANAGEMENT SERVICES AGREEMENT (“Agreement”) is made and entered into, to be effective this 1 day of August 2022 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and Special Olympics Southern California, a California Nonprofit Corporation, (“SOSC”). City and SOSC 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 sports event management organization to provide programs for special needs athletes.

C. SOSC represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and expertise, to provide the necessary services to City and has agreed to provide such services as set forth herein.

D. City desires to engage SOSC to provide such 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 SOSC

1.1 Scope of Services and Standard of Performance. SOSC shall provide those services set forth and described in the Scope of Services, attached hereto as Exhibit “A” (“Services”). SOSC shall provide the Services in compliance with all terms and conditions of this Agreement. SOSC warrants that all Services shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the sports event planning and event management industry. SOSC 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 Services. All Services shall be completed to the reasonable satisfaction of City.

1.1.1 Resolution of Inconsistencies. In the event of any inconsistency between or among the terms and conditions contained in the main body of this Agreement and the Scope of Services, such inconsistency shall be resolved by applying the provisions in the highest priority of the documents containing such inconsistency, which shall be determined in the following order of declining priority: (1st) the main body of this Agreement; and (2rd) the Scope of Services.

1696828.1
2 1.2 Compliance with Law. All 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. SOSC shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Services. If SOSC performs any Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, SOSC shall be solely responsible for all penalties and costs arising therefrom. SOSC 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. Except as otherwise specified in the Scope of Services, SOSC shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, SOSC warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement.

1.5 Non-Exclusive Agreement. SOSC acknowledges that City may enter into agreements with other firms, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. SOSC further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

2. COMPENSATION

2.1 Maximum Contract Amount. Except as otherwise specified in the Scope of Services, attached hereto as Exhibit “A”, and the Approved Fee Schedule, attached hereto as Exhibit “B”, SOSC shall provide the event management services rendered pursuant to this Agreement at no cost to the City.

2.2 Method of Payment. [Reserved]

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 fees. An amendment may be entered into to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in SOSC’s profession.

The City Manager shall be authorized to execute such amendment(s).

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.

1696828.1
3 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 Services to be performed by SOSC is an essential condition of this Agreement.

3.2 Schedule of Performance. SOSC shall prosecute regularly and diligently the Services according to the periods specified in the Scope of Services. When requested by SOSC, 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.

3.3 Force Majeure. The time for performance of the Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the SOSC (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 SOSC, 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 SOSC be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, SOSC'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 commencing on the Effective Date and ending on June 1, 2024, unless extended by mutual written agreement of the Parties.

4. COORDINATION OF SERVICES

4.1 SOSC’s Representative. The following principal of SOSC is hereby designated as being the principal and representative of SOSC authorized to act on its behalf with respect to the Services and to make all decisions in connection therewith: Jeff Van Fossen. 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 SOSC and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by SOSC 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 SOSC's responsibility to ensure that the Contract Officer is kept fully informed of the progress of

1696828.1
4 the performance of the Services, and the SOSC 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, education, capability, and reputation of SOSC, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, SOSC shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of the Contract Officer. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City Manager.

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 SOSC a City employee. During the performance of this Agreement, SOSC and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. SOSC will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services on behalf of SOSC shall at all times be under SOSC’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of SOSC or any of its officers, employees, or agents, except as set forth in this Agreement. SOSC, 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 SOSC’s officers, employees, or agents or in fixing their number, compensation, or hours of service. SOSC shall pay all wages, salaries, and other amounts due its employees in connection with the performance of 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 SOSC in its business or otherwise a joint venturer or a member of any joint enterprise with SOSC.

4.4.2 SOSC 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 SOSC, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Services. Except for professional fees paid to SOSC as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to SOSC for the performance of any Services.

City shall not be liable for compensation or indemnification to SOSC, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any 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 SOSC’s officers, employees, representatives, agents, or subconsultants or subcontractors, SOSC shall defend, indemnify, and hold harmless City from and against all such

1696828.1
5 financial obligations.

4.5 PERS Eligibility Indemnification.

4.5.1 In the event that SOSC or any officer, employee, representative, agent, subconsultant or subcontractor of SOSC providing any 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, SOSC 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 SOSC 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, SOSC and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any 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. SOSC 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. SOSC shall not commence any Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If SOSC’s existing insurance policies do not meet the insurance requirements set forth herein, SOSC 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, SOSC shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5.2.2 Commercial General Liability Insurance. SOSC 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 ($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.

1696828.1
6 5.2.3 Automobile Liability Insurance. SOSC 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 SOSC has no owned autos, Code 8 (hired) and Code 9 (nonowned), with limits of no less than One Million Dollars ($1,000,000.00) for each occurrence covering bodily injury and property damage.

5.2.4 Workers’ Compensation Insurance. SOSC 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. SOSC 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. SOSC 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, SOSC shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if SOSC provides written verification to the City that SOSC 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 Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the SOSC agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. SOSC 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 SOSC shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

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:

1696828.1
7 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 SOSC, 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 SOSC 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. SOSC hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and SOSC 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 SOSC’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, SOSC shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. SOSC 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.

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.

1696828.1
8 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, SOSC 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 SOSC may be held responsible for payments of damages to persons or property.

5.8 Enforcement of Agreement (Non-Estoppel). SOSC acknowledges and agrees that actual or alleged failure on the part of the City to inform SOSC of any non-compliance 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. SOSC shall either: (1) include all subconsultants or subcontractors engaged in the performance of Services on behalf of SOSC as additional named insureds under the SOSC’s insurance policies; or (2) SOSC 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. SOSC 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 SOSC and its subconsultants and subcontractors, if any, pursuant to this Agreement:

5.10.1 SOSC 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 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 SOSC and available or applicable to this Agreement are intended to apply to each insured, including additional insureds,

1696828.1
9 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 SOSC’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5.10.5 SOSC 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 SOSC, provide the same minimum insurance coverage required of SOSC. SOSC 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. SOSC agrees that upon request, all agreements with subcontractors and others engaged in the provision of Services will be submitted to the City for review.

5.10.6 SOSC agrees to provide immediate written notice to City of any claim, demand or loss against SOSC arising out of the work or 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, SOSC shall defend (at SOSC’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 SOSC, 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 attorneys’ fees and other related costs and expenses.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit SOSC’s indemnification obligation or other liability hereunder.

Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City,

1696828.1
10 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. SOSC shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. SOSC shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. SOSC shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the 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 SOSC, 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 SOSC 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. SOSC may retain copies of such documents for its own use. SOSC shall have an unrestricted right to use the concepts embodied therein. SOSC 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 SOSC fails to secure such assignment, SOSC 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 SOSC, its employees, subconsultants, subcontractors and agents in the performance of Services shall not be released publicly without the prior written approval of the Contract Officer.

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 SOSC 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 SOSC. 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

1696828.1
11 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 SOSC, 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, SOSC shall immediately cease all Services, except as may be specifically approved by the Contract Officer. SOSC shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter.

8.6 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 SOSC, 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 SOSC or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Covenant Against Discrimination. SOSC 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

1696828.1
12 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. SOSC 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.

10. MISCELLANEOUS PROVISIONS

10.3 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 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 seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

To City: City of Los Alamitos
Attention: City Manager
3191 Katella Ave.

Los Alamitos, CA 90720
With copy to:

Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To SOSC: Special Olympics Southern California
Attention: Lindsay Marksbury –
Sr. Manager, Sports Programs
2428 North Grand Avenue, Suite G
Santa Ana, CA 92705

10.4 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.

1696828.1
13 10.5 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]

1696828.1
14 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:_______________________________
Chet Simmons
City Manager
APPROVED AS TO FORM.

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

By:_______________________________
Windmera Quintanar, CMC
City Clerk
“SOSC”
Special Olympics Southern California
By:_______________________________
Jeff Van Fossen, AVP, Sports & Programs

By:_______________________________
Janet Rose, CFO

1696828.1
1 EXHIBIT “A”

SCOPE OF SERVICES
Special Olympics Southern California will perform the following services for the City of Los Alamitos:
o Complete a no-fee “Facility Use Application” at least 30 days prior to use o Provide a detailed outline of program plan to City for approval including but not limited to: event timeline, flyers, number of athletes and volunteers in each event, practice times, and location and dates of practices/games played outside City boundaries o Follow all rules and regulations detailed in the “Facility Use Policy and Procedures – Rules and Guidelines” document
o Obtain City approval of venue signage, flyers, banners and any other marketing materials no less than two weeks prior to materials being produced o Conduct on-site walkthrough with City staff at all venues at least two weeks prior to the start of the event. Requests to use equipment, supplies or other assistance from the City must be approved at least two weeks in advance and may be subject to a fee o Utilize venues and amenities provided by the City only for the event during the agreed upon date(s) and time(s)
o Coordinate all event details, including but not limited to: creation of promotional materials, recruitment of coaches and athletes, officials, awards, set-up, food services, registrations, check-in, and clean-up
o Secure, schedule, and pay for any and all game officials and staff o Supervise all events and venues to ensure sites remain safe, clean, and sanitary at all times
o Leave all facilities in their original condition, remove all property brought on by Special Olympics Southern California, and place trash in proper receptacles The City of Los Alamitos will perform the following services:
o Provide amenities in the City of Los Alamitos which include the Los Alamitos Community Center, Laurel Park, Little Cottonwood Park, and Oak Gymnasium. Such amenities will be considered gifts to the City and the City will execute acknowledgments of such gifts in accordance with Corporation's requirements. o Provide limited marketing space in the quarterly Recreation and Community Services Department Activities Guide promoting Special Olympics Southern California programs held in Los Alamitos
o Provide space on the City’s website promoting Special Olympics Southern California programs held in Los Alamitos
o Send out an email blast a minimum of twice a year to promote Special Olympics Southern California programs held in Los Alamitos
o Provide one staff member during use of the Community Center and Oak Gymnasium

1696828.1
EXHIBIT “B”

APPROVED FEE SCHEDULE
 Facility permit fees for the use of Los Alamitos Community Center, Laurel Park, Little Cottonwood Park, and Oak Gymnasium shall be waived
 Any additional staff requested by Special Olympics Southern California will be charged $16.00 per hour per staff with a minimum of two hours. Additional staffing must be asked for a minimum of two weeks prior to the requested date(s)

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: July 18, 2022 ITEM NUMBER: 10E
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Briggeman Drive Street Improvement Project (CIP 22/23-03)

SUMMARY
This report recommends actions to begin facilitating the construction for the Briggeman Drive Street Improvement Project - CIP 22/23-03. The City of Los Alamitos proposes to widen the eastern portion of Briggeman Drive from Reagan Street to 300 feet in the westerly direction of the intersection. The widening will be 5-feet curb-to-curb in the eastbound lane.

RECOMMENDATION

1. Approve the plans and specifications for the construction of the Briggeman Drive Street Improvements Project (CIP 22/23-03); and,

2. Authorize Staff to advertise and solicit bid proposals.

BACKGROUND
During the construction of the Fairfield Inn Hotel, located at 10650 Los Alamitos Boulevard, Briggemen Drive was widened to facilitate large semi-axle trucks turning movements onto the property at 3551 Sausalito Street and to provide additional street parking. The proposed Capital Improvement Project 22/23-03 will extend the widening of Briggeman Drive to Reagan Street.

DISCUSSION
The Briggeman Street Widening project will join the previous street widening done by the developers of the Fairfield Inn Hotel (see image below). CIP 22/23-03 will also include construction of a curb ramp that will adhere to current ADA standards. Briggeman Drive will remain one-lane in each direction with the new widening mirroring the curb alignment of adjacent Sausalito Street, located west of Los Alamitos Boulevard.

CIP 22/23-03, Briggeman Drive Street Improvement Project, is intended to solicit proposals from qualified firms to complete this construction project. The following is an approximate timeline for completion:
07/18/2022 Approval of plans & specifications by the City Council 07/20/2022 Advertise project
08/16/2022 Bid opening
09/19/2022 Award of Contract (City Council Meeting)
10/19/2022 Start of construction
12/16/2022 End of construction

FISCAL IMPACT
The total budget for this project is $160,000 and is included in the 2022-2023 adopted budget. The property owner at 10651 Reagan Street paid a fee to the City in the amount of $148,955 in 2007 as a condition of approval for Parcel Map TPM05-04 to complete these future offsite improvements and road widening. The remaining balance will be from Fund 44 - Street Improvement Fund.

Attachment: 1. CIP 22/23-03 Briggeman Drive Street Improvement - Bid and Spec

2. CIP 22/23-03 Briggeman Drive Street Improvement - Plans

SECTION A – Page 1

NOTICE INVITING BID

CITY OF LOS ALAMITOS

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
JULY 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 11:00 a.m. on the 16th day of August, 2022

SECTION A – Page 2

NOTICE INVITING BID
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SECTION A – Page 3

NOTICE INVITING BID

CITY OF LOS ALAMITOS

SPECIFICATIONS FOR

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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
Fredrick E. Wickman, P. E.

P.E. 47979

FOR THE CITY OF LOS ALAMITOS

PUBLIC WORKS DIVISION

DEVELOPMENT SERVICES DEPARTMENT

SECTION A – Page 4

NOTICE INVITING BID
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SECTION A – Page 5

NOTICE INVITING BID

TABLE OF CONTENTS

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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 ............................................................................................................................. F APPENDIX .................................................................................................................................................. G

SECTION A – Page 6

NOTICE INVITING BID
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SECTION A – Page 7

NOTICE INVITING BID

SECTION A

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

NOTICE INVITING SEALED BIDS

SECTION A – Page 8

NOTICE INVITING BID
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SECTION A – Page 9

NOTICE INVITING BID

NOTICE INVITING SEALED BIDS

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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 16th day of August 2022. The bids will be publicly opened and read at 11:00 a.m. on the 16th day of August 2022, in the Los Alamitos City Hall Council Chambers.

The City of Los Alamitos proposes to remove existing pavement, curb, gutter, and sidewalk and construct asphalt concrete pavement, curb ramps, sidewalk, curb, gutter, and driveway in front of 3626 Briggeman Drive. Existing private facilities will be protected in place within the limits of the project unless otherwise shown.

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 posses a valid Class A contractor’s license at the time that the contract is awarded. Failure to possess the specified license shall render a bidder’s bid as non-responsive 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:
“SEALED BID FOR BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03
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

SECTION A – Page 10

NOTICE INVITING BID
(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.

Bids submitted prior to bid opening shall be per appointment only. Contact Maria Enciso by email, [email protected], to schedule an appointment.

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

SECTION B – Page 1

INSTRUCTION TO BIDDERS

SECTION B

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

INSTRUCTIONS TO BIDDERS

SECTION B – Page 2

INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
B1.01 INSPECTION OF SITE OF WORK
Bidders are required to inspect the site of the work in order 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 the course 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 30 WORKING DAYS. The Contractor shall pay to the Agency the sum of $500.00 per day, for each and every calendar day’s 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 the contract documents have been issued. Agency makes no guarantee that all bidders will receive all

SECTION B – Page 3

INSTRUCTION TO BIDDERS
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. 110
B1.05 SOIL INFORMATION
Soil reports have not been prepared 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.

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

SECTION B – Page 4

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

SECTION B – Page 5

INSTRUCTION TO BIDDERS
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.

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.

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.

SECTION C – Page 1

PROPOSAL INFORMATION AND DOCUMENT

SECTION C

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

PROPOSAL INFORMATION AND DOCUMENTS

BID PROPOSAL

BID SCHEDULE

BID BOND

BID GUARANTEE

BIDDER INFORMATION

EXPERIENCE STATEMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

SECTION C – Page 2

PROPOSAL INFORMATION AND DOCUMENT

BID PROPOSAL

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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.)

SECTION C – Page 3

PROPOSAL INFORMATION AND DOCUMENT

BID SCHEDULE

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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:____________________________________________________________________

SECTION C – Page 4

PROPOSAL INFORMATION AND DOCUMENT
BID SCHEDULE (Continued)

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

BID SCHEDULE

BRIGGEMAN DRIVE STREET IMPROVEMENTS
No. Item Description Estimated
Quantity
Unit Unit Price Item Amount
1 Mobilization 1 LS $ $
2 Traffic Control 1 LS $ $
3 Unclassified Excavation (Parkway
Excavation) 150 CY $ $
4 Remove and Construct Curb & Gutter
Per SPPWC Std Plan No 120-2
255 LF $ $
5 Construct 4-Inch Thick PCC Sidewalk
Per SPPWC Std Plan No 112-2
180 SF $ $
6 Remove and Construct Driveway (MOD)
Per SPPWC Std Plan No 110-2
400 SF $ $
7 Remove and Construct Curb Ramp Per
SPPWC Std No 111-5
1 EA $ $
8 Remove and Construct Longitudinal
Gutter Per SPPWC Std No 122-2
10 LF $ $
9 Construct 12-Inch Thick Full-Depth AC
Over 8" Thick 95% Relatively
Compacted Subgrade
150 TN $ $
10 Furnish and Install Detectable Warning
Surface 3 EA $ $
11 Remove and Construct Curb Drain Per
SPPWC Std Plan No 150-3
2 EA $ $
12 Relocate traffic signs 2 EA $ $
13 Traffic Striping 1 LS $ $
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.

The City has the option to reject all bids with or without cause. The City also has the option to remove bid items at its discretion. If the City chooses to remove bid items, no bid price adjustment will be allowed.

SECTION C – Page 5

PROPOSAL INFORMATION AND DOCUMENT
For the purposes of determining the lowest responsible bidder, the Bid Schedule Total shall be considered.

(Company Name of Bidder) (Date)

SECTION C – Page 6

PROPOSAL INFORMATION AND DOCUMENT

BID BOND

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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 . , 2021.

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 , 2021.

NOTARY PUBLIC _______________________________________________ (SEAL)

SECTION C – Page 7

PROPOSAL INFORMATION AND DOCUMENT

BID GUARANTEE

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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)

SECTION C – Page 8

PROPOSAL INFORMATION AND DOCUMENT

BIDDER INFORMATION

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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)

Prior Disqualification

SECTION C – Page 9

PROPOSAL INFORMATION AND DOCUMENT
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:___________________

SECTION C – Page 10

PROPOSAL INFORMATION AND DOCUMENT
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 _______________________________, 2021, at _____________________________________, California.

Authorized Representative Signature and Title________________________________________

SECTION C – Page 11

PROPOSAL INFORMATION AND DOCUMENT

EXPERIENCE STATEMENT

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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

SECTION C – Page 12

PROPOSAL INFORMATION AND DOCUMENT
EXPERIENCE STATEMENT (Continued)

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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

SECTION C – Page 13

PROPOSAL INFORMATION AND DOCUMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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 $10,000, 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)

SECTION C – Page 14

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: _____________________________

SECTION D – Page 1

CONTRACT INFORMATION AND DOCUMENT

SECTION D

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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

SECTION D – Page 2

CONTRACT INFORMATION AND DOCUMENT

ARTICLES OF AGREEMENT

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
THIS BRIGGEMAN DRIVE STREET IMPROVEMENTS, CIP 22/23-03 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 BRIGGEMAN DRIVE STREET IMPROVEMENTS, CIP 22/23-03, 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.

ARTICLE III: Compensation

SECTION D – Page 3

CONTRACT INFORMATION AND DOCUMENT
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 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

SECTION D – Page 4

CONTRACT INFORMATION AND DOCUMENT
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 work day 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.

ARTICLE V: Work Site Conditions

SECTION D – Page 5

CONTRACT INFORMATION AND DOCUMENT
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, 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.

SECTION D – Page 6

CONTRACT INFORMATION AND DOCUMENT
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 contained in, resulting from or assumed under this AGREEMENT, and the failure to give any

SECTION D – Page 7

CONTRACT INFORMATION AND DOCUMENT
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.

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,

SECTION D – Page 8

CONTRACT INFORMATION AND DOCUMENT
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.

SECTION D – Page 9

CONTRACT INFORMATION AND DOCUMENT
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)

SECTION D – Page 10

CONTRACT INFORMATION AND DOCUMENT
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 )

SECTION D – Page 11

CONTRACT INFORMATION AND DOCUMENT

PAYMENT BOND

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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* _________________________________________________ _________________________________________________
_________________________________________________
________________________________________________

SECTION D – Page 12

CONTRACT INFORMATION AND DOCUMENT
*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)

SECTION D – Page 13

CONTRACT INFORMATION AND DOCUMENT

FAITHFUL PERFORMANCE BOND

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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: BRIGGEMAN DRIVE STREET IMPROVEMENTS, CIP 22/23-03 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 # ………………………………

SECTION D – Page 14

CONTRACT INFORMATION AND DOCUMENT
*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)

SECTION D – Page 15

CONTRACT INFORMATION AND DOCUMENT

MAINTENANCE BOND

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

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) (EXECUTE IN DUPLICATE)

SECTION D – Page 16

CONTRACT INFORMATION AND DOCUMENT

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

SECTION D – Page 17

CONTRACT INFORMATION AND DOCUMENT
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.

SECTION D – Page 18

CONTRACT INFORMATION AND DOCUMENT

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:

SECTION D – Page 19

CONTRACT INFORMATION AND DOCUMENT

STATEMENT REGARDING INSURANCE COVERAGE

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 5.4 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: .......................................................................................................

SECTION D – Page 20

CONTRACT INFORMATION AND DOCUMENT
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
[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.

SECTION D – Page 21

CONTRACT INFORMATION AND DOCUMENT
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.

Contractors License Number: _____________________________________________ License Expiration Date: _____________________________________________ Authorized Signature: _____________________________________________ Date: _____________________________________________

SECTION E-2 – Page 1

SPECIAL PROVISIONS

SECTION E

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

E-STANDARD SPECIFICATION

SECTION E-2 – Page 2

SPECIAL PROVISIONS

STANDARD SPECIFICATIONS

BRIGGEMAN DRIVE STREET IMPROVEMENTS
CIP 22/23-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
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 800 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.
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 TERMS AND 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.

SECTION E-2 – Page 3

SPECIAL PROVISIONS
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:

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

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

1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 SUBCONTRACTOR LISTING
Delete the third paragraph and replace with the following:

SECTION E-2 – Page 4

SPECIAL PROVISIONS
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.

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:

SECTION E-2 – Page 5

SPECIAL PROVISIONS
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:

The City of Los Alamitos proposes to remove existing pavement, curb, gutter, and sidewalk and construct asphalt concrete pavement, curb ramps, sidewalk, curb, gutter, and driveway in front of 3626 Briggeman Drive. Existing private facilities will be protected in place within the limits of the project unless otherwise shown.
2-2 PERMITS
Delete the first paragraph and replace with the following:

SECTION E-2 – Page 6

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

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

SECTION E-2 – Page 7

SPECIAL PROVISIONS
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 SURVEYING
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
3-12.1 General
Add the following Subsection:
3-12.1.1 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.

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

SECTION E-2 – Page 8

SPECIAL PROVISIONS
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
3-12.6.1 General
Add the following:

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)
Add the following:

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 Storm Water Pollution Prevention Plan (SWPPP)
Add the following:

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
Add the following:

SECTION E-2 – Page 9

SPECIAL PROVISIONS
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.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
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 MATERIALS
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

SECTION E-2 – Page 10

SPECIAL PROVISIONS
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.

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 TESTING
Delete the third and fourth 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:

SECTION E-2 – Page 11

SPECIAL PROVISIONS
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:
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
Replace Subsection 5-4.2 with the following:
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.

SECTION E-2 – Page 12

SPECIAL PROVISIONS
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. 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

SECTION E-2 – Page 13

SPECIAL PROVISIONS
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
Replace Subsection 5-4.3 with the following:
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.

SECTION E-2 – Page 14

SPECIAL PROVISIONS
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. 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 E-2 – Page 15

SPECIAL PROVISIONS
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE 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 THE 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.

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 subsection:
6-3.3 WORKING DAY
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

SECTION E-2 – Page 16

SPECIAL PROVISIONS
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.
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

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SPECIAL PROVISIONS
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 6-4.2.1 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 6-4.1.3 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. 6-4.4 WRITTEN NOTICE AND REPORT
Replace Subsection 6-4.4 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
Replace Subsection 6-9 Liquidated Damages 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

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SPECIAL PROVISIONS
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 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.

Add the following Subsections:
6-10 DISPUTES AND CLAIMS
6-10.1 GENERAL
Any and all decisions made on appeal pursuant to this Subsection 6-10 shall be in writing. Any “decision” purportedly made pursuant to this Subsection 6-10 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 6-11 or other duties required by the Contract Documents. 6-10.2 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.