Agenda packet — Los Alamitos City Council, November 14, 2022 (part 3 of 4)

r
Labor Compllancl!
form)

SCOPE OF SERVICES
Our labor compliance consulting services tasks will include the following:
)> Provide review and compliance with the following laws and regulations:
• California Labor Code Sections 1774-1775, 1776, & 1777 .5 • Senate Bill 854 (SB 854) and Assembly Bill 219 (AB 219) Requirements
• Federal Davis Bacon (DOL) and Department of Industrial Relations (DIR)
• All documents mandated by State of California, Federal Department of Labor, City of Los Alamitos and by the
contractor.
• Section 3 monitoring completing the Summary Report (60002 • HUD reporting (2516 form) Contractor Subcontractor Activity Report. • HUD 5.7 Enforcement Report
)> Schedule and conduct pre-construction meeting with contractor and subcontractors to review labor compliance regulations (EEO, Section 3, Prevailing Wage, and other applicable labor compliance information). Prepare necessary documentation to be distributed at such meetings.

Monitor prime and subcontractor(s) payment of applicable prevailing wage rates, payment of training funds, and ensure employment of properly registered apprentices and that appropriate apprenticeship ratio is being met.

Monitor construction sites by performing on-site review of postings (to ensure compliance with EEO posting requirements) and interviews for verification of proper payments of prevailing wage rates and work classification.
)> Provide discrepancy notices no less than (1) once per month on all items missing, incomplete, or incorrect. Follow-up to ensure compliance.
)> Provide a recommendation to withhold contract payments and imposing penalties for noncompliance, as applicable.
> Identify potential labor compliance claim issues before they arise and investigate probable violations and complaints of underpayments.
> Assist prime and subcontractor(s) with the completion of required labor compliance documentation and wage determination as necessary or required.
> Assist with Public Works/Prevailing Wage questions, issues, and research as needed or required. l

Page 297 of 546 ends

Proposed Staff
Name
Project Role
Proposed Duties Relevant GCAP Experience
Kim Morales
• Manage implementation of HUD, • Reviewed and reported prevailing Senior Labor Public Work, and Section 3 and wage discrepancies.

Compliance
Analyst
EEO programs.
• Serve as primary point of contact
• Verified compliance with
California's Department of Industrial
to assist and advise in preparation Relations (DIR) and Department of of Construction Bid Documents. Labor (DOL) requirements. • Ensure Federal and State Wage • Reviewed certified payroll and decisions are current at Bid supporting documents (Fringe opening ( and other appropriate Benefit Statement, Apprentice dates). forms, Training Contributions) to
• Determine labor standards ensure compliance with federal and parameters for construction state funding requirements. projects. • Verified all required poster displays
• Oversee and monitor certified met criteria standards for EEO, DOL payroll review process
and DIR "On site job posting."
• Notify the City and prime
contractor of labor discrepancies or
• Prepared annual, semi-annual, and
monthly reports.
potential violation and advise on • Monitor and maintain prevailing corrective actions. wage compliance documents.
• Identify violations and investigate • Monitor training fund contributions complaints of underpayments to and work force reports to verify workers. apprentice participation.
• Prepare and submit: Notice of • Prepare and submit labor compliance Standards Violation Report, HUD review reports and address labor

5.7 Enforcement Report (as compliance inquiries.
needed), HUD-2516, and other
labor compliance related reports to
appropriate parties.
• Participate in final review meeting
with the City.

Stephannie
Gabaldon/
Ariana
Fernandez
Labor
Compliance
Analyst II
• Assist with contractor and
subcontractor eligibility
verification.
• Create and maintain Labor
Compliance Labor Standards
Enforcement File
• Assist with monitoring of weekly
Certified Payroll reports and help
to identify violations and
• Perform Certified Payroll review for
major transportation projects(, 1-
405, 1-15, 1-10 Corridor, L.A.

Westside Subway Extension)
• Conducted jobsite interviews while
utilizing required interview forms
and adhering to jobsite safety
requirements.

Page 298 of 546 ends

r
r
investigation of worker • Checked contractor public works complaints. registration status with the
• Assist with performingjobsite Department of Industrial Relations. interviews, as needed. • Reconciled jobsite interviews with • Prepare various labor compliance certified payroll, confirmed wage related reports regarding and classification information.

Contractor and Subcontractor • Reviewed all certified payrolls compliance. weekly, Section 3 monitoring and • Prepare and submit: Notice of reporting (HUD-60002 form) for Standards Violation Report, HUD various City of Anaheim projects.

5.7 Enforcement Report (as • Prepared the 5. 7 Enforcement needed), HUD-2516, and other reports as underpayments were labor compliance related reports to identified and supplemental wages appropriate parties. paid. • Review and reconcile jobsite
interview information with certified
payroll reports. Document findings.
• Conducted audits at individual and
group level.
• Researched and implemented
regulation changes/updates to
compliance programs.
• Assist with preparation of client
reports and respond to questions.

Sylvia Linn
• Provide general oversight • Manage labor compliance
Labor
Compliance • Review and deliver closeout files. monitoring for various city infrastructure and major highway
Manger • Meet with project stakeholders, as
requested.
transportation projects.
• Research and communicate
regulatory requirements.

L
L

Page 299 of 546 ends

PROJECT APPROACH

1. Participate and present prevailing wage requirements at Pre-Construction Meetings:
• Research and interpret laws, codes, and regulations affecting the enforcement of prevailing wage rates. Create Pre-Construction checklist of new and existing regulatory requirements. • Present HUD, Section 3, and labor compliance reporting requirements to the project team (contractor and subcontractors)
• Present draft of meeting handouts for review and approval. • Conduct the pre-construction orientations with contractors and subcontractor to ensure their understanding of prevailing wage and Davis Bacon requirements. Respond to questions. • Identify wage determinations applicable to projects assigned. • Respond to technical questions regarding requirements.

2. Secure and collect weekly Certified Payroll Records (CPRs) no later than the 10th of each month following the commencement of work
• In preparation for data collection, create "Project Reporting System" to oversee timely submittal of certified payroll reports and other related documents to ensure compliance. • Maintain all compliance files and documents relating to prevailing wage activities in an "audit ready" inspection format and location (securing all hardcopy documents in locked fireproof cabinets). • Establish secure virtual environment for electronic files. • Program monthly reminders for payroll submission tracking. • Use "Project Reporting System" to oversee timely submittal of certified payroll reports and other related documents to ensure compliance.
• Identify wage determinations applicable to projects assigned.

3. Perform ongoing monitoring and reporting to ensure compliance by all contractors and subcontractors
• Continually research and interpret laws, codes, and regulations affecting the enforcement of prevailing wage rates. Advise (via monthly reporting) of any changes to state prevailing wage requirements including apprenticeship requirements.
• Ensure compliance with Senate Bill 854 contractor registration and payroll submission to DIR. • Respond to Requests for Information (RFls) regarding Labor Compliance requirements from contractors, subcontractors, unions, and other parties. • Respond to technical questions regarding prevailing wage requirements. • Provide information and data on trades and trade classifications performing on projects. • Ensure that certified payroll records are submitted by prime contractors and subcontractor(s). • Conduct audits of payroll records and other related documents for inconsistencies, discrepancies, or other issues to ensure compliance with the payment of prevailing wage rates. • Monitor the submittal of Fringe Benefit Trust reports.

Page 300 of 546 ends

I
r
l
l
• Identify wage underpayments through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project. • Issue discrepancy notices (at least monthly) to prime as needed. Calculate and recommend amount of wages to withhold from the contractor's payments/retention • Calculate and make recommendations to withhold contract payments/retention (after second notice to contractors).
• Prepare documentation that list the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the amount due each worker. Prepare reports regarding any deficiencies. • Prepare documentation for disbursement of back wages, training funds and/or penalties due .

4. Perform jobsite field reviews as required under the frequency standards • Conduct biweekly onsite interviews to determine wages paid to workers (minimum of 10% of all workers on project).
• Verify proper regulatory posting requirements are met at jobsite location (in compliance with the EEO posting requirements).
• Photograph jobsite and work being performed to be used as a cross-reference for auditing against payroll documents.
• Reconcile wage rates paid and to observe the job classification they are performing. Compare to payroll submissions and daily reports.

S. Monitor regulations for Department of Apprenticeship Standards (DAS) • Verify and enforce submission of apprentice forms (DAS-140, DAS-142), as applicable. • Continually monitor apprentice registrations, journeyman to apprentice ratio, and report on expiration/completion status.
• Monitor the submittal of Training Fund Contribution Reports.

Page 301 of 546 ends

Preliminary Schedule

Page 302 of 546 ends

Sterns Park
Project Schedule
Scope of Work Time
19I.+'!:ol11•H l ·~-· '
itv Anrll' Contract 11 /21 /2 2
" ... cina
II !!lim·nerv ian
ct Util"ty !ICS
Site Survey 2 wooks
Site Analvsis
ConCAOtual D86im & Estimate
Staff R811iew and Corrment
Cenci.Jct Stakeholder Meetina
Finalize Desim and Estimates
Staff R811iew and Corrment
f'itv Council Presentation
Construction Documents
60% f'Jlrlnlete Plans Srvrifcations and Estimate
Citv Review
90% <'.rvrnete Plans 5,_,;fcations and Estimate
'Citv R811iew
f'.nmnl t a 16 S.--,jf !:i )( I j /2 /23
•i I jnQ
Award Of Construction 4 17/2
.
' ·'='
·I= ID I ~, ~= ~ ; =• ... . ,,.

Administration and Design
-
City Review
-Public Presentation (if required)
Project Bidding and Award
l

Page 303 of 546 ends

Sample Projects

Page 304 of 546 ends

r EL DORADO PARK FIELD

LONG BEACH' CA
······················· ······ ················
Client
City of Long Beach , California
r
Contact
Nancy Villasenor, Project Manager r 562-570-3165
Consultants
···············
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc.

Project Status
Completed September 2021
Project Cost
$2.5 Million
Project Description
I
HAI provided conceptual design. construction documents and estimates, permitting and construction support for this artificial turf field. The design is
intentional without security fencing, open to the
public. It is an adult size field with youth fields
included with striping. The infill is cork and sand,
l
ADA access was designed into the project from
existing parking lot and right of way. The existing
trees were protected in place around the perimeter. Boulders were included to prevent vehicular vandals from entering the field, dispersed among
the existing trees. 25 of the boulders are engraved l with unique silhouettes that HAI designed. t
HIRSCH 8c ASSOCIATES, INC.

LANDSCAPE ARCHITECTU RE 8r PLANNING
0 0
~
~
C:
z
--I
,,
-<
>
::u
"'
~
l

Page 305 of 546 ends

FAIRMOUNT PARK

RIVERSIDE' CA
City of Riverside, California
Contact
Randy McDaniel
Principal Park Planner
(951) 826-2000
Consultants
Landscape Architect (Prime Consultant)
Hirsch & Associates. Inc.

Universal Play Consultants
Shane 's Inspiration
Electrical Engineering
Reedcorp Engineering
Project Status
Completed in November 2010
Project Cost
$3.8 Million
Project Size

9.4 Acres
~ California Park & Recreation Society f 2070 Award of Excellence ~ ~ Category: Community Park
Project Description
The location of the new play area previously contained
a small play area and picnic tables. Fairmount park once contained a small amusement park with a carousel. The
new universally accessible play area was theme to recreate the amusement park atmosphere. A 60' diameter shade structure at the tot lot replicates the original
carousel. Swings. splash pad. sand play, sensory walls. floor chimes and whimsical play equipment encourage
children and adults of all ages to linger and play.

HIRSCH & ASSOCIATES, INC.

LANDSCAPE A RCHITECTURE & PLANNING
0 0
s:
s:

C
z
-
,,
-t
-<
)>
::0
~
en

Page 306 of 546 ends

L
L

GRIFFITH MANOR PARK

GLENDALE, CA
Client
City of Glendale. CA
Community Services
Consultants
Contact
Shahen Begoumian
(818) 548-3796
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc.

Building Architect
Crane Architectural Group
Project Status
June 2011
Project Cost
$2.5 Million
Project Description
Project Size

3.5 acres
The property that is now Griffith Manor Park was
originally part of the Glendale Airport and dates
back to the 1920's and housed the US Army Air
Corp planes. pilots and grew during World War
II. After the airport was removed the property
was developed as a public park in the 1950's
serving the surrounding industrial companies
and residents.

As part of the City's Park and Recreation Master
Plan the park was designated for redevelopment in 2006. HAI was selected by the City to prepare a park master plan and conduct
community workshop to determine the needs
of the surrounding community. From these
workshops the community desired to remove
the outdated community building and picnic
facilities, preserve the existing mature trees,
construct a new community building, picnic
facilities. splash pad. children play areas, full
size basketball court and on-site parking. The
park meets all NPDES sustainability standards
by retaining all storm water on site for infiltration into the ground water aquifer. ---· - - --- - --- .. - -~ n.OWER STREET
HIRSCH 8c ASSOCIATES, INC.

LAN D SCAPE ARCHITECTURE & PLANNING
• . 0
0 3:
3:

C:
z
--I
-<
1J
)>
;a
~
u,
l..
l

Page 307 of 546 ends

LONG BEACH PLAYGROUNDS,
RENOVATION OF 12 PLAY AREAS

LONG BEACH' CA
Client
City of Long Beach, California
Contact
Eric Lopez. Director of Public Works
562-570-5690
Consultants
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc.

Project Status
1 O Completed, 2 Under Construction
Project Cost
$7,000,000
Project Description
HAI is assisting the City in renovating a number of play areas throughout the City uti I izing Long Beach MeasureA funding. Each play area being upgraded is intended to be different from the others. The play areas are considered to be "destination" play areas featuring unique equipment and site features such as slides built into hillsides, zip lines and custom play features featuring Dinosaurs and skateboard furnishings. The project started in 2017 and is still in progress based funding availability. Parks included are Drake. Eldorado, Jackson, Veterans. MLK. Whaley, Recreation, Channel View, Los Cerritos, Recreation, Colorado Lagoon and Cherry. ~ HIRSCH & ASSOCIATES , INC.
--- LANDSCAPE ARCHITECTURE & PLANNING
0 0
s:
s:

C
z
--I
-<
1J
)>
::u
" en

Page 308 of 546 ends

MACKAY PARK, CYPRESS, CA ....................... ........................................................... .... .................................. ..... ........ .....

Southern California Chapter of the American Public Works Association (APWA) 2017 Project of The Year Award
Client
City of Cypress. California
Consultants
l
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc.

Project Status Project Cost Project Size Video Link
Completed November 2017 $2 .7 million 2.9-acres http:I / VIMEO.COM/24888071 I Project Description
Mackay Park is developed on a 2. 9-acre portion of the former Mackay Elementary School property. The remaining portion of the school site has been redeveloped and features a new residential community. The park design L was derived through community meetings conducted by HAI with area residents, and meeting with City staff, Park Commission and City Council . The new park will feature both active and passive recreation, user-friendly activities and utilize sustainable materials and technology. All products and materials will be recyclable. irrigation system will be State of the Art conforming to the Landscape Ordinance (AB1881), native plantings in all non activity areas. lawn areas to be less than 30% of the project area for water conservation, solar lighting for the walkways and park lighting to reduce power consumption, stabilized DG walking paths and exercise station to promote heart healthy actives. universally accessible children play areas. half court basketball for active recreation. prefabricated restroom building. group and individual picnic facilities to promote family activities, public art area, small parking lot, and a aesthetically pleasing streambed (bio filtration system) that will capture all storm water run-off allowing water infiltration in to the subterranean surface of the park.

L ~ HIRSCH & ASSOCIATES, INC.

Contact
Mr. Nick Mangkalakiri. Senior Civil Engineer
City of Cypress
Cypress, CA 90630
(714) 229-6729. nmamakai@c .i.cypress.ca .us
-- LANDSCA PE ARCHITECTURE & PLANNING
0 0
i:
i:

C:
z
-
,,
~
>
::a
" en
'

Page 309 of 546 ends

MORGAN PARK

BALDWIN PARK, CA
Department of Parks & Recreation
City of Baldwin Park
Contact
Mr. Manual Carrillo
Director of Parks & Recreation
City of Baldwin Park
626-813-5245
Consultants
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc.

Electrical Engineer
Reedcorp Engineering
Project Status
Completed Summer 2010
Project Cost
$1 ,200,000
Project Size
2 acres
Project Description
Morgan Park is the busiest park in the City of Baldwin Park and contains their largest community center as well as a senior center. The existing play area was prominently located at the corner entrance to the park was in poor condition. Play equipment was outdated and did not meet current safety standards. A spray/ splash feature was in disrepair and was marginally functional. Parking for the facility was not adequately provided.

Park improvements included a new parking lot with bio swales collecting all run off water, total removal and redesign of the play area and public plaza . new entry plaza to the adjacent senior center, 1,400 sf splash pad (recirculating water). separate tot lot and school aged play structures. shade sails, plaza lighting. parking lot lighting and a war memorial. Planter walls feature tiles painted by local children engaging a sense of ownership of the facility by the community.

HIRSCH 8c ASSOCIATES, INC.

LANDSCAPE A R C HITECTURE & PLANNING
0 0
s:
s:

C:
z
--4
-<
1J
l>
;u
"'
~

Page 310 of 546 ends

r RIVERA PARK
Pico RIVERA, CA
Client
City of Pico Rivera. California
Contact
Mr. Ralph Aranda
(562) 400-3428
Consultants
Prime Consultant, Landscape Architects
Hirsch & Associates, Inc.

Architect
Crane Architectural Group
Civil Engineer
OMS Consulting Engineers
Electrical Engineer
Reedcorp Engineering
Project Status
Grand Opening August 16, 2012
Project Cost
$5. 7 Million
Project Size

15.8-acres
Awards
Southern California Chapter of the (APWA)
American Public Works Association,
2013 PrQ)ect of the Year
Southern California Municipal Athletic
Federation (SCMAF),
2013 Outstanding New Recreation Facility Award
Project Description
Rivera Park completed in August 2012 incorporates latest innovation in park design featuring (5) five State of the Art baseball fields and sports lighting, (2) two batting cages, commercial grade concession kitchen and food court,
community center, gymnasium, universally accessible
playground for all children, group picnic and individual picnic areas, a water efficient Smart irrigation system, HIRSCH 8c ASSOCIATES, INC. and an environmentally friendly subterranean storm water LANDSCAPE ARCHITECTURE 8r PLANNING retention system.
0 0
3:
3:

C:
z
-
~
1J
)>
"
~
en
l
L

Page 311 of 546 ends

WILSON PARK SPLASH PAD

TORRANCE' CA
WILSON PAAJ.. CONCf PTUAL DESIGN
City of Torrance California
Contact
John Jones
Director, Community Services Department
Consultants
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc.

Electrical Engineer
IDS Engineering
Project Status
Completed October 2018
Project Cost
Construction Cost $1.3 Million
Project Description
Wilson Park Splash Pad project, designed by HAI. Provides a new amenity to replace a defunct pond within the existing park. The design filled the old pond and included a 1,450sf Splash Pad with recirculation system, pump equipment shed, prefabricated restroom building, refurbished an existing fountain, concrete pad for future outdoor exercise area, relocated area lighting, and minor landscape and irrigation improvements. The splash pad features in grade nozzles andjets with color changing LED lights. The praject was designed to allow for modification of splash pad to include above ground spray features as funding becomes available. ~
~ HIRSCH 8c ASSOCIATES, INC.

LANDSCAPE ARCHITECTURE & PLANNING
0 0
3:
3:

C:
z
--I
-<
1:J
)>
;a
" "'

Page 312 of 546 ends

r ROTARY CENTENNIAL PARK

LONG BEACH' CA
r
Client
City of Long Beach . California
Contact
Ms. Sharon Gates
Parks, Recreation & Marine Dept.
(562) 570-3124
Consultants
Landscape Architect (Prime Consultant)
Hirsch & Associates, Inc. z
m Electrical Engineer Geotechnical Engineer
Reedcorp Engineering Sid Geotechnical -
G)
:c
Project Status m
Completed June 2005 0
:;tJ
Project Cost Project Size :c
0 $1,000,000 1.3-acres 0
Award C
California Park & Recreation Society 1J
2005 Award of Excellence )>
Category: Neighborhood Park :;tJ
~ Project Description
The park is located adjacent to Pacific Coast Highway within "' an abandoned Pacific Railroad right-of-way. Through community meetings. the neighborhood was encouraged to provide input regarding the design of the park layout. The Rotary Club of Long Beach coordinated bringing in artists to develop a scaled solar system walk within the park. It consists of a Sun Dial at the center with the nine planets of the solar system and an asteroid belt located at a scaled distance from the sun. The planets are 36" concrete spheres, painted by local artists to represent each planet and are mounted on their scaled orbital radius. Other park amenities include a play turf area, shade shelter/picnic pavilion, grills, schooled aged play l structure and fenced tot lot play structure. as well as a new bus stop along Pacific Coast Highway which was integrated into the park design .
l HIRSCH & ASSOCIATES, INC.

LANDSCAPE ARCHITECTURE & PLANNING
l

Page 313 of 546 ends

Professional Fees

Page 314 of 546 ends

HIRSCH & ASSOCIATES, INC.

LANDSCAPE ARCHITECTURE 8c PLANNING
Sterns Park Renovation
Proposal A Project Design
Description
Civil Engineering/Topographic Survey $12,000.00
Site Amenity Plans $16,450.00
Landscape and Irrigation Plans $12,000.00
Shade Shelter Plans $3,000.00
Playground and Fitness Station Plans $27, 000.00
Geotechnical Investigation $5,500.00
Specifications and Cost Estimates $6,000.00
Bidding Assistance $3,500.00
Construction Support/Federal Labor Compllan $28,500.00
Project Management $5,500.00
Proposal A Project Design
Sub consultant
Structural Engineer $6,000.00
Electrical Engineer $21,000.00
Proposal A Project Design
Proposal B - Project Management & Inspection Services
Preconstructjon Se1Yices
Project Manager 7hrs@$234 $1,638.00
Construction Manager 96hrs@$175 $16,800.00
Clerical 6hr@$95 $570.00
VPO $1,500.00
construct;on services
Project Manager 34hr@$234 $9,887.00
Construction Manager 480hr@$175 $84,000.00
Construction Inpsection 62hr@$155 $9,610.00
Clerical 40hr@$95 $3,800.00
VPO $4,500.00
Post Construction Services
Project Manager Shr@$234 $1,170.00
Construction Manager 64hrs@$175 $11,200.00
Construction Inpsection 4hr@$155 $620.00
Clerical 11hr@$95 $1,045.00
VPO $1,500.00
Proposal B Project Management and Inspection
HAI Mark up 8%
Proposal B Total
Grand Total Proposal A & B
Reimbursable Expenses
Recommended to include funding to cover printing
Totals
$12,000.00
$16,450.00
$12,000.00
$3,000.00
$27,000.00
$5,500.00
$6,000.00
$3,500.00
$28,500.00
$5,500.00
$119,450.00
$6,000.00
$21,000.00
$146,450.00
$1,638.00
$16,800.00
$570.00
$1,500.00
$20,508.00
$9,887.00
$84,000.00
$9,610.00
$3,800.00
$4,500.00
$111,797.00
$1,170.00
$11,200.00
$620.00
$1,045.00
$1,500.00
$15,535.00
$147,840.00
$11,827.00
$159,667.00
$306,117.00
$5,000.00
2221 EAST W INSTON ROAD, SUITE A, ANAHEIM, CALIFORNIA 92806 PHONE 714- 776-4340 FAX 714-776- 4395 WWW.HAILANDARCH.COM LA#l710

Page 315 of 546 ends

Professional Fees
Professional fees for services stated are based upon the scope of work and include all costs for general overhead, profit, telephone, clerical, travel and incidental expenses. Fees shall be valid for the life of the contract.

Reimbursement Expenses
All printing, blueprinting, computer plotting, computer scans, photographic reproductions and special overnight deliveries, other than US Postal Service, requested by the City shall be paid as a direct reimbursable expense plus 10% to Hirsch & Associates.

HAI
Principal Landscape Architect $175
Project Manager $115
Senior Designer $100
Designer $85
Clerical $70
Construction Meetings $750/ea
Reproduction / Printing Cost Plus 10%
Subconsultants
Blue Peak
Civil Engineer $210/hr
Design Engineer $190/hr
Drafter $90/hr
Survey & Geotech Lump Sum/Flat Fee
Structural Engineer $250/hr
Answer Advisor
Project Manager $234/hr
Construction Manager $175/hr
Construction Inspector $155/hr
Clerical $95/hr
Travel
Authorized travel associated with project design and project meetings, are included within our fees.

Execution
To initiate professional services, Hirsch & Associates Inc. please provide an executed copy of this agreement included with City Agreement.
a oley, President
CA RLA#5567, ASLA

Page 316 of 546 ends

3191 Katella Avenue
Los Alamitos. CA 90720-5600 LOS Alamitos Telephone: (562) 431-3538 FAX (562) 493-1255
~ www.cityoflosalamitos.org
.\DDE~Dt;l\1 ~UMBER I

REQUEST FOR PROPOSALS
RFP 2022-02 PROJECT MANAGEMENT FOR STERNS PARK IMPROVEMENT PROJECT To all bidders under specifications for Requests for Proposals (RFP), for the Project Management Services for Sterns Park Improvement Project RFP 2022-02, which are received at the office of the City Clerk of the City of Los Alamitos. 3191 Katella Avenue. Los Alamitos. California 90720 until 10:00 a.m. on Thursday, October 20, 2022:

The intent of this Adde11d11m No. I is to addres.<t additio11al q11estio11s about tlte RFP. Tlte following shall be acknowledged:

Q 1: Will the preparation of the Storm Water Prevention Plan (SWPPP) be the responsibility of the Contractor proposing on the preparation of the construction documents? A 1: Yes. the Contractor whom is awarded this contract will be responsible for the preparation of the SW PPP. as part of the Plans and Specifications for this project.

Q2: Will liquidated damages be incurred by the Contractor proposing on the preparation of construction documents for design of the project or the Contractor constructing/building the project? A2: Yes. the Contractor whom is awarded this contract (Plans. Specifications, Engineer's Estimate, Construction Management and Inspection Services) will be subject to liquidated damages. Via a separate RFP and Agreement. the Contractor whom is awarded the construction portion of this project will also be subject to liquidated damages.

Q3: Item numbers 1 through 5 refers to items such as "'cleaning the entire building ... Does this pertain to this project?
.\J: No. Section 5.5 Liquidated Damages will be revised as follows:

5.5 Liquidated Damages
Once the work has commenced. should the contractor fail to perform. as specified, the services required and agreed to. the City will have been damaged by that lack of performance. Since it is difficult to define the amount of damage caused. contractor shall agree to the following liquidated damages:

I. Should Contractor fail to perform under the tenns of the contract, the City will incur damages. Contractor will be notified in writing within twenty-four (24) hours of the failure to perform, and performance shall be required within twenty-four (24) hours after receipt of such notice. If the performance failure is not corrected within twenty-four (24) hours of receipt of notice, the City will incur damages: and liquidated damages of Two Hundred Fifty Dollars ($250.00) per occurrence will be deducted from payments due to the Contractor.

2. Liquidated damages of Two Hundred Fifty Dollars ($250.00) per occurrence will continue to be deducted from payments due to the Contractor until the perfonnance failure is remedied.

Page 317 of 546 ends

Date: Octob<.:r 18. 2022 BY ORDER OF THE CITY OF LOS AL.'\M !TOS By:

Ron Noda
Deputy City Manageril)evelopment Services Director
:\CKNOWUi .pGEMENT BY THE nroDER:
---'=0- ·_.l:.'.\--"''7,.= --------
DATE
RFP 2022-02 Stems Park Imprtwcment ProJect
Addendum I

Page 2 ends

Page 318 of 546 ends

Bid Opening: October 20, 2022 RFP 2022-02 STERNS PARK IMPROVEMENT PROJECT

BID BREAKDOWN

PROPOSAL A - PROJECT, DESIGN, PLANS, SPECIFICATIONS AND CONSTRUCTION

HIRSCH WILLDAN
Civil Engineering Plans/Topographic Survey $12,000.00 $40,290.00 Site Amenities Plans $16,450.00 $10,800.00
Landscape And Irrigation Plans $12,000.00 $36,551.00
Shade Shelter Plans $3,000.00 $14,990.00
Playground And Fitness Stations Plans $27,000.00 $11,628.00 Geotechnical Investigations $5,500.00 $14,510.00
Specifications And Cost Estimates $6,000.00 $6,930.00
Bidding Assistance $3,500.00 $2,460.00
Construction Support Services – Federal Labor Compliance $28,500.00 $13,850.00 Project Management $5,500.00 $11,875.00
SWPPP N/A $9,000.00
$119,450.00 $172,884.00
Sub-Consultants
Structural Engineer $6,000.00 N/A
Electrical Engineer $21,000.00 N/A
Lighting and Electrical Systems N/A $10,256
PROPOSAL A - PROJECT DESIGN $146,450.00 $183,140.00

PROPOSAL B - PROJECT MANAGEMENT & INSPECTION SERVICES

HIRSCH WILLDAN HIRSCH WILLDAN HIRSCH WILLDAN HIRSCH WILLDAN HIRSCH WILLDAN HIRSCH WILLDAN Task/Classification Construction Manager
Construction
Manager
Construction
Inspector
Construction
Inspector Clerical Clerical Total Labor Total Labor Misc. Expenses Misc. Expenses Total Cost Total Cost Hourly Rate: $175.00 $160.00 $155.00 $131.00 $95.00 $83.00 Preconstruction Services 96 35 N/A 20 6 2 102 57 $0.00 $0.00 $17,370.00 $8,386.00 Construction Services 480 286 62 640 40 4 582 930 $0.00 $0.00 $97,410.00 $129,932.00 Post Construction Services 64 35 4 20 11 2 79 57 $0.00 $0.00 $12,865.00 $8,386.00 Totals 640 356 66 680 57 8 763 1044 $0.00 $0.00 $127,645.00 $146,704.00 Project Hourly Costs Breakdown
$175.00 $160.00 $155.00 $131.00 $95.00 $83.00
Preconstruction Services $16,800.00 $5,600.00 N/A $2,620.00 $570.00 $166.00 $17,370.00 $8,386.00 Construction Services $84,000.00 $45,760.00 $9,610.00 $83,840.00 $3,800.00 $332.00 $97,410.00 $129,932.00 Post Construction Services $11,200.00 $5,600.00 $620.00 $2,620.00 $1,045.00 $166.00 $12,865.00 $8,386.00 Totals $112,000.00 $56,960.00 $10,230.00 $89,080.00 $5,415.00 $664.00 $127,645.00 $146,704.00 Additional Job Descriptions Identified in the RFP by Hirsch VPO VPO Project Manager Project Manager
Hourly Rate: N/A $234.00
Preconstruction Services N/A $1,500.00 7 $1,638.00
Construction Services N/A $4,500.00 34 $7,956.00
Post Construction Services N/A $1,500.00 5 $1,170.00
$7,500.00 46 $10,764.00
Total $18,264.00
Grant Total
including Schedule B $145,909.00

HIRSCH WILLDAN
Grand Total
Proposal A - Project Design $146,450.00 $183,140.00
Proposal B (including added job descriptions) $145,909.00 $146,704.00 Subtotal $292,359.00 $329,844.00
HAI Mark Up 8% $11,672.72 N/A
Grand Total Proposal A & B $304,031.72 $329,844.00
Consultant Noted Bid Submittal Total $306,117.00 $329,844.00

Page 319 of 546 ends

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 11J
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 2 to Professional Services Agreement (PSA) with North Star Land Care for Annual Park and Landscape Maintenance Services

SUMMARY
This item seeks approval of Amendment No. 2 with North Star for annual citywide park and landscape maintenance services (citywide).

RECOMMENDATION
Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with North Star Land Care for a one (1) year term ending on January 19, 2024, for annual citywide park and landscape maintenance services.

BACKGROUND
The City of Los Alamitos has approximately 14.4 acres (625,517 square feet) of parkways, medians, landscape areas and City parks to maintain. Since 2015, the City has relied upon contract landscape maintenance services for these areas. The current contract is set to expire on January 19, 2023. In order to provide the best possible maintenance of these areas at an acceptable level, a Request for Proposals (RFP) was prepared to seek proposals from qualified contractors to provide annual landscape maintenance services.

In November 2020, the City released Requests for Proposals (RFP) 2020-05, which solicited bids for annual maintenance of certain parkways, medians, landscape areas and City parks, and was ultimately awarded to North Star in January 2021.

In August 2022, City Council approved the augmentation of monthly services, to include additional areas for service specific to Ball Road, Bloomfield Street, Cerritos Avenue, Farquhar Avenue, Katella Avenue, Lexington Drive, and Los Alamitos Boulevard. Servicing of these areas includes the removal of weeds, vegetation, and excessive dirt from tree wells, gutters and sidewalk areas.

DISCUSSION
North Star Land Care provides maintenance services for parks and certain landscaped areas throughout the City. Those areas include the following:

Page 320 of 546 ends

SITE LOCATION
Ball Road West of Bloomfield Street to Kaylor
Avenue
Bloomfield Street Katella Avenue Street to Cerritos
Avenue
Bradbury Islands East of Los Alamitos Boulevard to
West of Pine Street
Cerritos Avenue From the bridge (west of Los Alamitos
Blvd) to Lexington Drive
Civic Center Complex (to
include Roberts Park,
rear of Community
Center)
3191 Katella Avenue & 10911 Oak
Street
Farquhar Avenue south side
Farquhar Avenue –
Southside wall and
parkway area
East of Bloomfield Avenue to America
Drive
Katella Avenue South side (605 to
Wallingsford/Walnut)
Katella median islands East of the 605 freeway to Walker Street
Labourdette Park 4401 Howard Avenue
Laurel Park 10915 Bloomfield Street
Lexington Drive From Farquhar Ave to Cerritos Ave
(City limit)
Little Cottonwood Park 4000 Farquhar Avenue
Los Alamitos Boulevard
median islands
South of Coyote Creek to North of
Bradbury Road
Los Alamitos Boulevard
parkway
west side (Hedwig to Bradbury Road)
Los Alamitos Boulevard
parkway
east side (Harrisburg Road to
Orangewood Avenue, Good Shepherd
Presbyterian Church to Mobil Gas)

Page 321 of 546 ends

Oak Bike Path Oak Street to Coyote Creek Park
Orville R. Lewis Park 3662 Kempton Drive
Rossmoor Islands East of Los Alamitos Boulevard to
West of Pine Street
Sierra Circle, green belt Cerritos and Sierra Circle
Soroptimist Park 10822 Pine Street
Stansbury Park 3711 Toland Avenue
Sterns Park 3871 Farquhar Avenue
Ticonderoga/Katella
service road
East of Ticonderoga Drive to the west
of 5008 Katella Avenue (Potholder
Café)
The scope of services rendered from this agreement includes but is not limited to mowing, edging, weed removal, excessive dirt removal from tree wells, gutters and sidewalks, sweeping (blowing), tree and litter removal.

North Star Land Care has agreed to provide continued services with no price increase for the proposed term. Amendment No. 2 to the Professional Services Agreement (PSA) extends the City’s contractual relationship with North Star Land Care for a period of one (1) year, ending on January 19, 2024.

FISCAL IMPACT
Amendment No. 2 to the PSA with North Star Land Care for annual park and landscape maintenance services, will not exceed a total annual amount of $114,067.92. Funding for these services is included in the street maintenance division budget within the Development Services Department budget. The total contract amount is incorporated into Fiscal Year 2022-2023 budget.

Attachment: 1. North Star Land Care - Original Agreement

2. North Star Land Care (2022) - Amend. No. 1

3. 11-14-22 - North Star Land Care - Amend No.2

Page 322 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A

LANDSCAPE MAINTENANCE SERVICES AGREEMENT
North Star Land Care]

THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
Agreement") is made and entered into, to be effective this 19th day of January 2021 (" Effective Date"), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (" City") and North Star Land Care, a California Corporation, (" Contractor"). City and Contractor. are sometimes hereinafter individually referred to as " Party" and are hereinafter collectively referred to as the " Parties."

RECITALS
A. City has determined that it requires the services of a qualified contractor to provide landscape maintenance services for City parkways, medians, landscape areas and parks.

B. In response to City' s formal Request for Proposals No. 2020- 05 ( RFP), dated November 16, 2020, Contractor has submitted to City a written proposal, dated December 17, 2020, to provide the desired landscape maintenance services.

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

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

AGREEMENT

1. SERVICES OF CONTRACTOR

1. 1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Parks & Landscape Maintenance Services Proposal, dated November 16th, 2020, attached hereto as Exhibit " A" (" Scope of Services" and/or " Project Services"). Contractor shall provide the Project Services in compliance with all terms and conditions ofthis Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

1. 1. 1 Contract Documents. This Agreement shall consist of the following: ( 1) the main body of this Agreement; ( 2) RPF No. 2020- 05, dated November 16, 2020; and ( 3) Contractor' s Proposal, Exhibit " A". Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: ( 1St) the main body of this Agreement; ( 2rd) the RFP, and( 3rd) Contractor' s Proposal. 1277023. 1

Page 323 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A

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

1. 3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor' s performance ofthe Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.

1. 4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor( a) has thoroughly investigated and considered the Project Services to be performed, b) has carefully considered how the Project Services should be performed, and ( c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.

1. 5 Care in Performance of Proiect Services. Contractor shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City's own negligence.

1. 6 Non- Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
1277023. 1

Page 324 of 546 ends

DocuSign Envelope ID: B2B8AL14- 290E- 4057- AFAF- 1156105ED11A

2. COMPENSATION

2. 1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Seven Thousand, Seventy-Nine Dollars and Sixty Six Cents($ 7, 079.66) monthly. The maximum amount ofCity' s payment obligation under this Agreement is the amount specified in this section.

2. 2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within thirty( 30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.

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

2. 4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3. 1 Time of Essence. Time is ofthe essence in the performance ofthis Agreement.

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

3. 2 Schedule of Performance. Contractor shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Contractor, extensions of the time period( s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.

Page 325 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/ or acts of any governmental agency, including the City, if Contractor, within ten ( 10) calendar days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay.

The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager' s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor' s sole remedy being extension of the Agreement pursuant to this section.

3. 4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of two ( 2) years, ending on January 19, 2023, unless extended by mutual written agreement of the Parties, for a maximum of two (2)— 1- year contract extensions.

4. COORDINATION OF PROJECT SERVICES

It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

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

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

Contractor shall not contract with any other entity to perform the Project Services without prior written consent of City. If Contractor is permitted by City to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor( s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

All persons engaged in the performance of Project Services will be considered employees of 1277023. 1

Page 326 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent ( 25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

4.4. 1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Contractor a City employee. During the performance ofthis Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City' s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor' s officers, employees, or agents or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

4. 4. 2 Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

4. 4. 3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor' s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations. 1277023. 1

Page 327 of 546 ends

DocuSign Envelope ID: B2B8AE14- 29UE- 4057-AFAF- 1156105E011A

4.5 PERS Eligibility Indemnification.

4. 5. 1 In the event that Contractor or any officer, employee, representative, agent, subconsultant or subcontractor of Contractor providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System ( PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City against( 1) all such claims and determinations, 2) for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subconsultants or subcontractors, and ( 3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

4. 5. 2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/ or employee contributions for PERS benefits.

5. INSURANCE

Contractor shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor' s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.

5. 2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5. 2. 1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance ( CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars($ 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.

Page 328 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A basis, covering Code 1 ( any auto), or if the Contractor has no owned autos, Code 8 ( hired) and Code 9 ( non- owned), with limits of no less than One Million Dollars ($ 1, 000, 000. 00) for each occurrence covering bodily injury and property damage.

5. 2. 3 Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers' compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer' s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($ 1, 000, 000. 00) per accident for bodily injury or disease. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker' s Compensation Insurance or Employer' s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.

Best' s Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund. In the event the City determines that the work or Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5. 4 Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

5. 4. 1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

5. 4. 1. 1 Additional Insured. The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out ofthe performance ofthe Agreement; and

Page 329 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

5.4. 1. 2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.

5. 4. 1. 3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.4. 2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty( 30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor' s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten ( 10) calendar days prior written notice. ( A statement that notice will be provided" in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)

5. 5 Deductibles and Self- Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City' s sole and absolute discretion.

5. 6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates ofinsurance together with original endorsements affecting each of the insurance policies required by this section. Contractor shall promptly furnish, at City' s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.

5.6. 1 Required insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for written approval.

5. 6. 2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.

Page 330 of 546 ends

DocuSign Envelope ID: B2B8AE14-290E- 4057-AFAF- 1156105ED11A 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 ofthis Agreement.

5. 7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

5. 8 Enforcement of Agreement ( Non- Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any ofthe insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5. 9 Insurance for Subconsultants. Contractor shall either: ( 1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Contractor as additional named insureds under the Contractor' s insurance policies; or ( 2) Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. Contractor shall not allow any subconsultant or subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.

5. 10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:

5. 10. 1 Contractor shall provide immediate written notice to City if( 1) any of the insurance policies required herein are terminated, cancelled or suspended, ( 2) the limits of any of the insurance coverages required herein are reduced, or ( 3) the deductible or self-insured retention is increased.

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.
1277023. 1

Page 331 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A

5. 10. 4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor' s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.

5. 10. 6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

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

Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct ofthe Contractor.

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

7. REPORTS AND RECORDS
1277023. 1

Page 332 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A

7. 1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

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

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

7. 4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall not be released publicly without the prior written approval of the Contract Officer.

8. ENFORCEMENT OF AGREEMENT

8. 1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8. 2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waiver or render unnecessary City' s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are 1277023. 1

Page 333 of 546 ends

DocuSign Envelope ID: 82B8AE14- 290E- 4057- AFAF- 1156105ED11A 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 LeEal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8. 5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty( 30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.

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

8. 6 Termination for Default of Contractor.

8. 6. 1 Contractor' s failure to comply with any provision ofthis Agreement shall constitute a default.

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/ she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten 10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City' s right to terminate this Agreement without cause pursuant to Section 8. 5.

8. 6.3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8. 6. 2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set- off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor' s liability for completion of the Project Services as provided herein.

8. 7 Attorneys' Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any nonjudicial proceeding, the prevailing Party shall be 1277023. 1

Page 334 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 3057- AFAF- 1156105ED11A 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 ofthe 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 ofthe prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250. 00) per hour.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9. 1 Non- liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor- in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

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

10. MISCELLANEOUS PROVISIONS

10. 1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre- paid, first- class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two ( 2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE—
1277023. 1

Page 335 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.

Los Alamitos, CA 90720
csimmons@cityoflosalamitos. org
With copy to:

Michael S. Daudt, City Attorney
Woodruff, Spradlin& Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
mdaudt@wss- law. com
To Contractor: Jose A. Martinez
North Star Land Care
10831 Downey Avenue
Downey, CA 90241v
tony@northstarlandcare. com

10. 2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10. 3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.

10. 4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

10. 5 Third Party Beneficiary. Except as expressly provided herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10. 6 Recitals. The above- stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10. 7 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, 1277023. 1

Page 336 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E-4057- AFAF- 1156105ED11A Section 16000, et seq., (" Prevailing Wage Laws"). Contractor agrees to fully comply with all applicable federal and state labor laws( including, without limitation, ifapplicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

10. 8 Corporate Authority. Each ofthe 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]
1277023. 1

Page 337 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

City"
City of Los Alamitos
DocuSigned by:

B :

M.av: ° kirco
7AsccolIcocn4rE... 3/ 15/ 2021 Mark Chirco, Mayor
APPROVED AS TO FORM. ATTEST:

Woodruff, Spradlin & Smart, APC
DocuSigned by: DocuSigned by:
auk S. VenA 0,41. D mcra C iv atn tat^
By' o2Ao22coc4Dr4, o... By',_ weccz
Michael S. Daudt 3/ 12/ 2021 Windmera Quintanar, MMC
City Attorney City Clerk 3/ 15/ 2021
Contractor"
North Star Land Care
By:
rDocuSigned by:
031334403004A0...
3/ 12/ 2021 Jose A. Martinez
President
DocuSigned by:

By:

At u. gull, Skit
C920239331004., 0...
3/ 12/ 2021 Juan Angel Sotelo
CFO
1277023. 1

Page 338 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A r°
ZA ,Q?
Off` , I
3 4 -- -,--- , y December 17, 2020
0%) t
3 City of Los Alamitos Request for Proposal
for Park & Landscape Maintenance Services
1011;2
40% - -
s; 4 t. '_-
i
P
Q1.•
let* ... -
rte-,
r "
13 NORTH STAR

LANDSCAPE
NORTHSTARLANDCARE. COM (562) 674-3076
LIC# 1034669 DIR# 1000056611

Page 339 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of 1. os Alamitos
3191
Los Alamitos,
Katella Avenue
CA 90720
NORTH
3 STAR
RI'.: Park & Landscape Maintenance Services
1)uc: l hursday. December 17. 2020 at 2: 00 P. M.

North Star I. andscape (" North Star") is pleased to submit a proposal for the(' its of Los AIamito' s Landscape Maintenance Services Request for Proposal. Our proixosal will highlight our previous experience of providing similar services to many surrounding Cities such as I luntington Park.

May wood. I. os Angeles County. and City of Montebello. We have the breadth and depth of resources. skills. equipment. and expertise needed 10 provide the city of Los Alanwo' c professional landscape maintenance services. We have reviewed. understand. and agree to the terms and conditions described in this REP. We also acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability with no exceptions. During these unprecedented times. North Star has not missed a heat in assisting our Municipal clients by augmenting City stall' so the deliver) of quality landscaping maintenance services would continue without interruption.

North Slat' s management team has a track record of working with many cities throughout Southern California since 1994. Our contractor license. 41034669 specializes in Class C611) 49( Tree Sen ice) and Class C' 27( I. andscaping) is set to expire 1/ 31/ 2022. We are also registered and qualified with the 1) 1R( 1( 00056611) North Star is insured and bonded and will obtain a City of l. os Alamitos business license upon being awarded this 1. andscapc Maintenance contract.

We strive to build long- term partnerships with agencies that expect and require quality. accuracy. efficiency. and integrity. We do this by offering our clients years of expertise with professional landscapers. diligent stall who provide premium landscaping by using industry approved equipment. effective employee training, strong field leadership, and competitive pricing to keep our clients within their allocated budgets. We have a full understanding of the City and its landscaping related needs.

Assigned contacts for this important project are as hollow:

Area Manager. Jose A. Martini (31 0) 704-9885 ton.. a northstarlandeare. com field Manager. Rene( L Seralin.( 562) 9') I- 9064 rene' crnorthslarlandcare. com Office Manager. Jessica Alvarez_ 1562) 674- 3076 jessica' u.northstarlandcare. corn AN the President of North Star Landscape. 1. Jose Antonio Martinez have the official authority to hind our company to the City oil os Alamitos proposal requests. Corporate ( Vice is located at 10831 Downey Avenue. Downey. California. 90241. I am authorized and certify. that this proposal being submitted is valid for 60 days. As the contact person for this proposal. please feel free to contact me directly if you have any questions or need further infinmation a1 ( 310) 704- 9885 or tonv•irnorthstarlandeare. com.

Sincerely.

Jose A. Martinez
Pre' idem
1)7
North Star land(' arc
A
10831 Rowney Avenue
Downey. CA 90241
562) 674- 3076
inlivu northstarlandcarc. coin

Page 340 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020

TABLE OF CONTENTS

1. Statement of Qualifications 2

2. Licensing 3

3. Staffing 5

4. Performance of Work 7

5. Financial Statement 11

6. Credit References 11

7. Equipment 12

8. Work History 13

9. References 14

10. Insurance... 17

11. Proposal Schedule 18
r r
c t 74 Biqt •
L,,
NORTH STAR m
LANDSCAPE a
North Star Landscape

Page 341 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020

STATEMENT OF QUALIFICATIONS
North Star has assembled a highly skilled and knowledgeable staff with extensive tree & landscape maintenance experience. North Star' s CEO has been in the Municipal maintenance space since 1994 and in 1993 was one of the youngest Certified Arborist in the World. The VP of Contract Management has managed Municipal contracts since 2007. Together they helped managed the Largest Los Angeles County Tree Company that Procured over 45 maintenance contracts.

North Star Land Care is a California Corporation, in business since 2017 California Contractors License 1034669, Expiration Date 1/ 31/ 2022 Classifications C27, D49& C61
Federal Tax ID# 82- 4619683, current with all taxes and filings with both State and Federal Government
DBA under North Star Landscape
7 Municipal contracts
1, 000, 000 credit line
Bonded
100% Latino Owned Firm
Over 22 full time employees rr J
ISA Certified Arborist on Staff
California
Irrigation Technicians
State Licensed
onStaffISA
Pest Control Applicator Inrn,: u:., asv: c::,.:* utor; am, n Zero Drug Tolerance Workplace
Many distinguished Business Awards
Fully Insured
Over 25 Modern Vehicles in Fleet
North Star has never in its history been disqualified or have entered any type of litigations with any government agency
North Star has the experience to perform work assigned by the city of Baldwin Park in a timely manner and within allocated budget
North Star prides itself hiring the best employees and retaining them. We quickly introduce new employees and immerse them into our company culture and professionally train them for their specific job classification. We provide our employee with an environment that is fulfilling therefore, keeping our team motivated and happy which in turn results in excellent service and low turnover.

Staffing and relevant experience is provided in the next section. North Star Land Care has never in its history been disqualified or have entered any type of litigations with any government agency.

North Star prides itself in building relationships not only with the City but also with the communities we work in. Part of our Community Benefits participation will include joining the N Los Alamitos Chamber of Commerce. As a member of the chamber we will merge with local @ non-profits and donate up to 2.5% of the yearly contract amount.

Att
rt North Star Landscape

Page 342 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 11561Q5ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020

LICENSING
North Star is a licensed contractor in the State of California ( state License# 1034669) and holds the C61, D49, and the C27 licenses all in good standing. North Star is a California Corporation without Federal Identification number being 82- 4619683. North Star is also registered with the Department of Industrial Relations, registration # 1000056611.

CONTRACTORS dca STATE LICENSE BOARD
ACTIVE LICENSE r'
1034669 CORP

NORTH STAR LAND CARE
C27 C610D49
l'IT
01131/ 2022 vrnrw c. s. b ca coy " " ^
al Stale of California
Goy
Department of Industrial Relations elations
Contractor Information
Legal Entity Name
NORTH 5T4R LANLI C.= RE
Legal Entity Type
Ccrpo- at • n
Scotus_
Registration N niber
10:".',005f5611
Registration effective date
0': 01, 200
Registration expiration li. to

06. 30 21
Mailing Address
10831 9C.2=-,1 tip- . i ted Stotts cf r;^ i<' ica
trade\ lame; DEA
nor-nStr• L6• vd5•:na ii_,
m
a.vODro
7/1 North Star Landscape

Page 343 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020

STAFFING
North Star employs over 20 full- time professionals. Our experienced professionals are led by an accomplished management team. We believe in the representation of our employees.

Below are brief backgrounds on North Star' s management team and key team members. At this time, we do not intend to contract any sub- contractors or contractors for additional services. North Star has the in- house capability to handle day to day operations and any issues arising from industry related occurrences. We are currently members of the International Society of Arboriculture ( ISA).

North Star Members Assigned to Los Alamitos Team:

Jose A. Martinez— Project Manager
Rene G. Serafin— Field Supervisor
Raul Hernandez— Irrigation Technician
Jessica Alvarez— Account Manager
City of Los Alamitos
Tony Martinez
President
Jessica Alvarez
Rene Serafin
Angel Sotelo Salvador Covarrubias
Juan Rene Contreras
Accounting/ Human
Field Manager
Government Business
Safety Coordinator
Resources Manager Relations Development
Los Alamitos Irrigation
Landscaping Crew Technician
aCDIOC
North Star Landscape

Page 344 of 546 ends

DocuSign Envelope ID: B2e8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 North Star' s Executive Team
Jose A. Martinez, President, Certified Utility Arborist( WE- 1278AU) Mr. Martinez has over 25 years of experience in the tree care and landscaping industry. Mr. Martinez has managed over 45 Municipal contracts throughout Southern California and has inventoried over 12 Municipal Urban forests. He started his career as a ground- man while attending college. In previous roles, he was responsible for field operations, scheduling, and the management of all crews. He was also actively involved with the implementation of a proprietary web-based database that supports the tree inventory. Mr. Martinez is a Certified Arborist and Utility Specialist under the International Society of Arboriculture( WE- 1278AU) since 1993 which made him the youngest Certified Arborist that year. Mr.

Martinez is also Certified as a Wildlife Protector(# 582) with the Wildlife Training Institute. Mr. Martinez holds a B. A. in Political Science from Cal Poly San Luis Obispo and has completed over two years of Landscape Architecture and Ornamental Horticulture.

Angel J. Sotelo, VP Government Relations, Certified Arborist ( WE- 9850A) Angel has over 12 years' experience in the tree industry and is a Certified Arborist. Mr. Sotelo oversees North Star' s existing contracts and is involved in the procurement of new contracts. Mr. Sotelo has successfully secured over 70 government contracts since 2007. He is instrumental in maintaining public agency relationship through community involvement and great customer service. Mr. Sotelo is known for his involvement in the communities in which we conduct business in. He was the President for the City of South Gate Chamber of Commerce from 2014- 2016. He serves as the key person between the city to North Star in order to best serve the community.

Jessica Alvarez, Accounting/ Human Resources Manager
Jessica manages North Star Land Care corporate office daily operations in Accounting and Human Resources. Jessica also ensures North Star Land Care meets Cal OSHA, Federal and State Labor Law requirements and compliance. Jessica possesses 5 plus years' experience in Accounting and Human Resources and is CPR/ First Aid/ BLS certified.

L
v
ro3-
41, North Star Landscape

Page 345 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Salvador Covarrubias- Business Development Manager
Salvador has over 5 years of experience in Customer Service and Sales environments. He holds a bachelor' s degree in Consumer Affairs from CAL State Long Beach. Salvador focuses on searching desirable business opportunities while conducting research on the market. Salvador is also in charge of collection and organizing information within the company database and assists in new bid requirements and effective procedures for North Star Land Care to run more efficiently.

Rene G. Serafin- Field Manager
Rene Serafin has twenty five years of landscape management experience where he has hands on experience working safely with landscaping equipment, landscaping spaces, and has over fifteen years managing landscaping personnel, where his proven style of on field training has had positive results with our clients. Rene ensures all work is completed by deadlines and to expectation and is authorized to act on behalf of North Star.

Juan R. Contreras- Safety Coordinator, CAL OSHA Certified Juan has over 3 years of experience in the tree maintenance Industry. Juan is responsible for implementing and overseeing the safety of company employees. Juan presents weekly educational discussions on safety on a weekly basis. Juan strives to always ensure a safe working environment and prevent any injuries and accidents.

Raul Hernandez- Irrigation Technician
Raul has 15 plus years' experience in the Landscaping Maintenance Industry. Raul will be the North Star worker in charge of all irrigation needs that are needed for the city.

Juan Saavedra, Pest Control Applicator Christian Serafin, Field Assistant Supervisor 20 Years Industry Experience 5 years Industry Experience Miguel Galvez, Mechanic Mario Jimenez, Inventory Specialist 15 Years Industry Experience 5 Years Industry Experience LID
a)o
a.

T, North Star Landscape

Page 346 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020

PERFORMANCE OF WORK

1. Daily— Weekly Supervision:
a. Report to City representative on a daily basis or as resulted by City staff. b. Supervise landscaping services crew to maintain locations. c. Supervise traffic control.
d. Report any damages or injuries within one hour of occurrence. e. Respond to any personnel complaints or questions concerning project. f. Final inspection of landscape work to insure proper clean- up on daily basis. g. Maintain daily records of hours worked by each employee and work completed. h. Authorized staff shall meet with the City representative each Friday between 8: 30 and 9: 00 am, or anytime specified by the City Grounds Supervisor for the purpose of reviewing the week' s work, receiving special instructions, and to discuss any problems encountered on the job. The frequency can be coordinated with City staff as required

2. Work Schedule:
a. Staff will start the landscaping within ten ( 10) working days of award of contract or as to be determined by the City. Prior to commencing work, submit and gain approval of a weekly work schedule indication the order, location, and completion of work based on the information provided by the City representative or Grounds Supervisor. b. Staff will notify the City of the work schedule on a daily and weekly basis. The schedule will be submitted for approval in writing at least 48 hours prior to the commencement of any work in the City or as directed by the City representative and Grounds Supervisor. c. Multiple job sites will be worked at a time unless one site requires the entire assigned crew. d. As soon as notified by the City of award of contract North Star representatives will meet with City Representative to develop a preliminary work schedule for accomplishing the work. The schedule will be modified, as necessary, during the course of the contract, based on City' s needs.

3. Landscape Work Performed:
a. Will be according to the landscaping best practices. b. Staff will maintain a written log of all complaints including the date, time of occurrence, location, problem, and action to be taken pursuant thereto or reasoning for non- action. Log is to be reviewed by the City representative at the end of each day or as directed by the City. Pictures are to be taken at time of incident.
c. Hazardous Condition Notifications: Staff will report to the Foreman/ Grounds Supervisor of any defects or hazardous within an hour of notice.
d. Any activities found by the City to be unacceptable will be rectified immediately. All other complaints shall be abated within 24 hours of occurrence by North Star. e. North Star will be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. The City authorized representative will serve as mediator between the contractor and resident if property or vehicular damage should occur during the course of work. Sign stands, delineators and/ or cones shall be used to identify work site for vehicular and pedestrian safety. f. Staff will exercise precaution as necessary when working adjacent to utilities. g. Sprinkler repair will be made immediately. Most North Star trucks are equipped to handle

0.0 most sprinkler repairs as they occur.

North Star Landscape

Page 347 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020

4. Wildlife Protection Plan:
a. North Star offers full service Trim Care. Therefore, North Star has an established Wildlife Protection Plan.
b. North Star understand the importance of the wildlife protection plan. We currently instruct all of our employees that if they come across any birds, nests, feathers, eggs, etc... they are to stop any landscape work immediately and NOT touch or remove it themselves. They have also been instructed to notify their supervisor immediately so that he/ she can notify the City officials and make the proper determinations.
c. North Star currently has employees certified with the Wildlife Training Institute... after careful research we felt the need to be completely certified as a wildlife protector, in order to address these issues properly and safely.

5. Hours of work in City:
a. North Star will observe all holidays recognized by the City and the City shall provide inspection for a 40- hour work shift ( 7: 00 am to 4: 00 pm or as directed by the City) b. Before performing any work at said times, staff shall give written notice to the City so that proper inspection may be provided and so that appropriate noise and lighting standards may be imposed as applicable.
c. No maintenance functions that generate excess noise which would cause annoyance to residents of the area shall be commenced before 7: 00 am.

6. Emergency— On Call Work
a. North Star will provide the City with 24- hour emergency phone numbers and names of at least two ( 2) assigned individuals to be contacted in case of an emergency or call out. b. Staff will respond and begin emergency work/ call out within 1 hour and will communicate with assigned City staff of the completion of assigned work via, telephone call, text, or email.
c. City staff will be immediately notified if any changes in assigned North Star personnel, telephone numbers and or pagers.

7. Clean- Up & BMP
a. North Star shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. b. Each day' s scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight unless authorized by the Director, her/ his designee, and residents adjacent to equipment are all notified.
c. City authorized representative shall be the sole judge as to the adequacy of the clean- up. d. Staff shall fully adhere to the City' s BMP practices. e. Temporary Sediment Control shall be utilized to prevent any green- waste material from entering the storm drains.
f. Staff will adhere to Federal, State, and local requirements for BMPs.

8. Compliance with Laws and Regulations:
a. North Star shall keep employees fully informed of and shall observe and comply with, and CrPO shall cause any and all persons employed to observe and comply with, all State, Federal, a North Star Landscape

Page 348 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020 County and City, laws, ordinances, regulations, orders, and decrees which in any manner affect the conduct of the work.

9. Drug Free Workplace:
a. North Star published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor' s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibitions.
b. North Star has established a Drug Free Awareness Program to inform employees about the dangers of drug abuse in the workplace.
c. North Star' s existing policy of maintaining a drug free workplace and the penalties that will be imposed upon employees for drug abuse violations occurring in the workplace. Taking appropriate personnel action against such employee, up to and including termination.

10. Photographs:
a. North Star will supply the City representative photographs as resulted. b. North Star will supply the City representative photographs of any damages that occur to public and or private property or persons.

11. Disposal of Materials:
a. All debris produced as a result of North Star' s operations will be reduced reused, recycled, and/ or transformed.
b. Weight slips or load slips for material removed from the City will be submitted to the City once a month as proof of final disposal to a recycling facility for documenting reusage per AB 939.
c. Staff operates a fully licensed and permitted Green Waste Transfer& Recycling facility in the County of Riverside and County of Los Angeles.

12. Public Safety/ Traffic Control:
a. North Star shall furnish, erect, and maintain such lights, barricades, bridges, and other devices as required by the City, State, Federal and County" Public Safety" of the Standard Specifications. Should the City point out the inadequacy of warning devices or should the City approve the location of warning devices, such action shall not relieve North Star of responsibility for public safety, nor abrogate its obligation to furnish and pay for these devices.
b. All construction signs to be used on the job site and on the approaches to the job site shall conform to those standards set forth by the State of California, Business and Transportation Agency, Department of Transportation, Manual of Traffic Controls, latest edition and WATCH ( Work Area Traffic Control Handbook).
c. Barricades shall be effectively reflectorized by having not less than one- half of the top board of the barricade covered with reflectorized sheeting surface or two 3- inch diameter reflector units. All other types of delineators shall have reflectorized sheeting, other reflective surfacing, or 3- inch unit reflectors.
d. All warning flashers shall be kept in good working order and each flasher shall have some type of reflective surface.
a)
a
North Star Landscape

Page 349 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E-4057-AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 e. No material or equipment shall be stored where it will interfere with the safe passage of public traffic, and at the end of each day' s work and at other times when landscaping operations are suspended for any reason, North Star shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic. f. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly.
g. Whenever North Star' s operations require one- way traffic or create a condition hazardous to the public traffic, staff shall provide and station competent flagmen whose sole duties shall consist of directing the movement traffic through or around the work. Staff shall also furnish such flaggers as are necessary to give adequate warning to traffic or public of any dangerous conditions as included in the various bid items. h. Under no circumstances will any City street be closed to thru traffic unless authorized by City official.

13. Customer Service:
a. In the forefront of providing great customer we have Salvador Covarrubias, who holds a Bachelor' s Degree in Consumer Affairs who bring all customer needs to light as he instills the core values of being felt valued and appreciated to all our customers from the public to city staff. North Star believes strong customer service is a foundational pillar to a successful relationship. North Star has highly trained customer service representatives in speaking with the staff on any concerns they might have. All our customer service representatives are very patient and courteous. They have been trained to use the best possible approach to address any concerns or issues that might arise from the staff, administration, City council or the public. At North Star we have customer representatives on the line daily who will answer and respond to any phone or email demands that may arise. At North Star we understand the importance of listening to a resident' s complaint while NOT interrupting them while they are always speaking, we are respectful and calm. This will help resolve the issues on hand immediately and efficiently
b. Our protocol is to have complaints resolved within 24 to 48 hours of the incident. Our representatives are trained to specifically handle and resolve damage to any property, both private and public. North Star has the capability to immediately address and dispatch our incidents representative to the incident site to take the proper measurements and take action right away. All repairs should be acceptable to the City, and the private property/ resident.

14. Training
a. When hired at North Star, our employees go through orientation where they will become aware of dangers that may arise on the job site as well as be given a description and their duties assigned to their role.
b. In the first 2 week, employees will have on field training where a field manager will be assisting them in learning day to day operations.
c. Twice a year North Star sends out employees to develop more specialty training from CPR training, Aerial Rescues, and Traffic Control.
d. Weekly, our Safety Coordinator presents a tail gate meeting where we cover safety topics for our North Star workers to be reminded that do our daily work in the safest manner. cD rla, top
ro0
11 North Star Landscape

Page 350 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 Financial Statement
North Star is prepared to produce these confidential financial documents upon request.

Credit References
Name: Ford Credit
Contact Information 1( 800) 727- 7000
P. O. Box 552679
Detroit, MI 48255
Name: RDO
Contact Information 310- 223- 2400
1300 Kona Dr
Compton, CA 90220
Name: TD Auto Finance
Contact Information 1( 800) 556- 8172
P. O. Box 9223
Farmington Hills, MI 48333
Name: Vermeer
Contact Information 310- 223- 2400
1300 Kona Dr
Compton, CA 90220
Name: De Lage Landen Financial Services Inc.

Contact Information 1( 800) 736- 0220
1111 Old Eagle School Road
Wayne, PA 19087
r-I
r1a, no
0-
NorthNorth Star Landscape

Page 351 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Equipment
Motor Vechiles/ Equipment
10 Pick Up Trucks
1 Roll- off Truck
3 40 yard Containers
2 Arrrow boards
1 One- ton Dump Truck
2 Small Trailers
3 25 yard Dump Trucks
2 Utility Vechiles
Landscaping Equipment/ Pruning Equipment/ Tools/ Safety Equipment:
5 Hedge trimmers- extensions
6 Lawn edgers- extensions
6 Lawn Mowers
3 Exmark Lazer z lawn mowers
8 Leaf Blowers
12 String Trimmers
5 Weed Killer Applicators
40 28" Safety cones
Misc. Safety Equipment( Traffic and Pedestrian Signs)- Gloves, Safety Glasses, Hard Hats, Ear Plugs, Safety Vests, Stop & SLow Hand Signs and Safety Flags North Star has more than enough equipment and resources to fulfill our contract obligations with the city of Baldwin Park in a very professional manner. In the event more equipment is needed for this project, we will get it from our maintenance facility. We have a major inventory of equipment as mentioned above to fulfill all our other contractual agreements with our other City Clients. i•
x
r
4- N
i STAR
d

LANDSCAPE
1` a
r".;
N
ii
if
1 L-- a,. ..
d_ 1 4Y,' t Ora+ 1 00
North Star Landscape Uniforms a0
North Star Landscape

Page 352 of 546 ends

DocuSign Envelope ID: B268AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 Work History
The following are Four (4) projects similar to this project:

City of Huntington Park
Landscape Maintenance Services currently under contract for$ 277, 515 per year. The contract was acquired in 2019. The contract entails us to provide all grounds/ landscape maintenance at city parks and listed public facilities, including, but not limited to pruning, trimming, shaping, and training of shrubs and groundcover plants, removing and controlling weeds, controlling plant diseases and pests, mowing lawn, edging lawn and groundcovers, irrigating plant materials, maintaining and repairing irrigation systems, removing trash and debris.

Daniel Hernandez, Director of Public Works( 323) 395- 1480 Currently under contract.

City of Montebello
Landscape Maintenance Services currently not under contract but was contracted for$ 140,000 per year. The contract was acquired in 2018. The contract entailed maintenance of all exterior landscaping including, city parks, lawn areas, planters, banks, flower beds, island median strips, irrigation systems adjacent to buildings and in and around parking lots.

David Sosnowski, Director of Recreation & Community Services( 323) 887- 1200 Currently not under contract.

City of Maywood
Landscape Maintenance Services currently under contract for$ 117, 600 per year. The contract was acquired in 2019. The contract entails maintenance of all exterior landscaping including, city parks, lawn areas, planters, flower beds, irrigation systems, removing trash and debris.

Abel Hernandez, Public Works Coordinator( 323) 562- 5700 Currently under contract.

Los Angeles County Habitat Authority
Landscape Maintenance Services currently under contract for$ 55, 000. The contract was acquired in 2018. The contract entails removal of weeds, removal of all dead limbs, dead brush and other dead vegetation, removal of rubbish and trash, and trimming of trees so that low hanging limbs do not allow fire transfer from ground fuels to the tree.

Andrea Gullo, Executive Director( 562) 945- 9003
Currently under contract.
o t Puente Hills
m
lI _ _.

Habitat Preservotlon Authority
6d04, 4i rtl f` 9t, FOR, \
roa
North Star Landscape

Page 353 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 References
Reference# 1
Name: Daniel Hernandez
Organization: City of Huntington Park
Type of Service Citywide Landscape Maintenance
Contact Information 323) 395- 1480
6900 Bissell St.

Huntington Park, CA 90255
Date of Services 01/ 2019 to Present
Reference# 2
Name: David Sosnowski
Organization: City of Montebello
Type of Service Citywide Landscape Maintenance
Contact Information 323) 887- 1200
1600 W Beverly Blvd.

Montebello, CA 90640
Date of Services 05/ 2018 to 09/ 2020
Reference# 3
Name: Abel Hernandez
Organization: City of Maywood
Type of Service Citywide Landscape Maintenance
Contact Information 323) 562- 5700
4319 Slauson Ave.

Maywood, CA 90270
Date of Services 06/ 2019 to Present
Reference# 4
Name: Alvaro Encarnacion
Organization: City of Huntington Park
Type of Service Citywide Tree Maintenance
Contact Information 323) 353- 7504
6900 Bissel St.

Huntington Park, CA 90255
Date of Services 05/ 2018 to Present
Reference# 5
Name: Andrea Gullo
Organization: Los Angeles County Habitat Authority
Type of Service Weed Abatement
Contact Information 562) 945- 9003
7702 Washington Ave Suite C d"
Whittier, CA 90602
v
Date of Services 05/ 2018 to Present O
n.

At North Star Landscape

Page 354 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 dcry
Pubic Works Department r P
11 r.

Aly . .` E.

August 29. 2018
RE: North Star Landcare
To Whom It May Concern
I am pleased to provide a letter of recommenestion for North Star Lardcare North Star has provide exoellert customer service and superior tree trimming and tree care services We value our relationship and continue to develop our tree program.

Recently. Tony Martinez and I started working on updating North Stars database and its integration into our GIS system. This is a clear example of North Star' s commitment to our city.

If you have any Questions, please don' t hesitate to contact me et 323- 39S- 148C Sincerely.

Daniel Hernardez.

Director of Public Vdorks
Lr
c— i
a
North Star Landscape

Page 355 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020 4A1 111 TED 1
c iAugust 27, 202( 1
RE: North Star Landcarc
To Whom It May Concern:

I am pleased to provide this letter of recommendation to Tony Martinez for North Star Landcare. North Star has provided excellent customer service. landscaping maintenance. and tree maintenance services for the City of Maywood. We value the relationship we have forged with North Star thus far as we continue to develop our landscaping and tree maintenance programs with them. We are very satisfied with the company' s versatility and efficient communication with our staff.

Recently. Tony Martinez and I have begun working on integrating Maywood' s tree data onto North Star' s database.

If you have any questions. please do not hesitate to contact int: at 323- 562- 570( 1 Sincerely,
Abel Hernandez
Public Works Coordinator
City of Maywood
LID
1 aa,nro
North Star Landscape

Page 356 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Insurance
r.

NORTSTA- 0t RSMIT}

AC-C-)RIZ, CERTIFICATE OF LIABILITY INSURANCE
E 1111E1) 0,, r+ 1' 1
4/ 3072020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S). AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iesl must have ADDITIONAL INSURED provisions or be endorsed.

I SUBROGATION IS WAIVED. subject to the terms and conditions of the policy. certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in beu of such endorsement(s) PRODUCER PAYE.. CT Jose Laris
TOR Insurance Services. Inc PHONE
1510 W Whittier Blvd 194
KC NA EiTFAzI I tA'C. wet.

La Habra. CA 90631 aE joseittonnsurance. com
EU MEP' l ARORwO COYEPLLnE NAKE
SWEEP A Argonaut Great Central Insurance Company 19801
EatwED MttREP l
NORTH STAR LAND CARE It North Star Landscape tiauPSR c
10831 Downey Avenue 1,131J1E11 0
Downey. CA 90211 MEURER E
NEUREP
C OVERAGES CERTIFICATE NUMBER REVISION NUMBER:

TO CEP. T FY DC_ tC' _, F ' VC tOA• 4C EE. 0. 4- AVE EEEN EC T: T- IE iNSuRE: KANE- A5CVE FCR T, E OC_: Cr pER IN DI•: ATE IaC: YN. T, CTANCGR: A. 4y EVE!.- TE
CA CO4:! TION OF ASI.' CCCUWENT- rv; TH RESOEoT T: gr. y, C- T.( CPA-, FICATE VAY EE ISSJE: CR VAi DERTAIN T, E IN: JRANCE AFFJ?: ED 5r '- IE Ovh:: EC CF_C': R, 5E: HERE' s CJS- ECTTC A-_ 7- 1E TETVC.

EX'._ LJCIC4S AND GCLICIE: LIUIT_ C, oA' H VAT- AVE SEEN R.EG,' CEO 5y FAIC:- hnJC

MIR AEOL IUGRPCVP' O CY EPC LCI LAP
Lt11 TYPE OF MEVRANCE INTO WM
POUCY N EADEP M11100Yr rej: iMEOOVV% L MM
A X C0E111ERCiALOEMERALLIMsi v L11XnUAgEN- E L

1. 000. 000
NI1:- V..17E X LAN2901417- 00 3.' 61020 3761202, p". := Ei- r:
n- e f
100. 000
4E7.. EXT ce':. 7' i
5` 000
N: P` }
1, 000. 000
IPF E, FEe p. EP. n.:.-- P,-cr_r,- {
2, 000, 000

71. E] c.
n-' F,.; 1

2. 000, 000
g

ARBORISTS ERROR
j
1, 000. 000
AuroErOrLEu£ arrri m 1. 000. 000 A
X ... in, [ LAN29014t7- 00 3/ 62020 3/ 612021 3 C' L• vVPY Fra'.^ 1 A_ 5 A."__
E
V tr Pa: rXt
1 UYIPtu_ A LIAO
EACEIt LAB
I I
AETEVT1_ rr. I 1
RIOPPEiIf CLYPEI/ 1Afl011 I I -
AND 6W. OYE) It IAAILRY
r, w
VT= RCwET: AFA' 1AtaF:..-. E E4 FSCs. ' CENT t
Crcv& siEu FR ER=- J F. r
Y• A
INIVIGAIMYU We C.: LE• E+ I
ae%» e r:r
tvPT.' y, ys' e. sr
n r,-
DEaCRIRTiONC' r OPEGATIOwt' LOCATIris" r4NICLEE IACOND rel£ Oaten. Pinata lMMa. N. nab. be RAPnee a won commo krve. 1.roCI

CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICiE3 BE CANCELLED BEFORE THE EXPIR. TION DATE THEREOF. NOTICE WILL SE DELrVERED IN Insureds File Copy ACCORDANCE WITH THE POLICY PROVISIONS.

E.411, 101112E0 REPREIEMTATSE
7 X!
ACORD 1988- 2015 ACORD CORPORATION. All rights reserved 25{201610319 The ACORD name and logo are registered marks of ACORD
0! OOro
North Star Landscape

Page 357 of 546 ends

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Proposal Schedule

SECTION C

PROPOSAL SCHEDULE
PARK & LANDSCAPE 1LAINTEN( E
REQUEST FOR PROPOSAL ( RFP) 2020- 05
EC THE CITY OF LOS ALAMITOS. CALIFORNIA
SITE LOCATION"

ESTIMATED
i .n

UNIT ITEM

QUANTITY , PRICE AMOUNT
Katella median islands
East of the 605 freeway to

13. 390 LF 0. 45 S 6. 025. 50
Walker Street
Los Alamitos South of Coyote Creek to
Boulevard median
Drub of Bradbur Road
9088 LF 0. 45 S 4. 089. 60
islands
Farquhar Avenue—
East of Bloomfield Avenue
Southside wall and
to America Drive

1. 847 LF 0. 12 S 221. 64
parkway area
East of Los Alamitos
Rossmoor Islands Boulevard to West of Pine 420 LF 0. 45 S 189. 00 Street
East of Los Alamitos
Bradbury Islands Boulevard to West of Pine 417 LF 0. 45 S 187. 65 Street
Los Alamitos west side ( Hedvig to
s9_ 100 SF 0. 12 5 '_ 092. 00
Boulevard parkway Bradbury Road)
east side ( Harrisburg Road
Los Alamitos to Orangewood Avenue.

6. 240 SF 0. 12 S 748. 80
Boulevard parkway Good Sheperd Presbyterian
Church to Mobil Gas)
Katella Avenue
south side ( 605 to Polly >_,. , SF 0. 12 S 6. 272. 64
Pies)
7_
Farquhar Avenue south side 8. 712 SF , $ 0. 12 S 1. 045. 44 Stems Park 3571 Farquhar Avenue 4. 356 _ SF 0. 12 S 522. 72 Sorvptinust Park 10822 Pine Street 3, 920 SF 0. 12 S 470. 40 Stansbury Park 3 711 Toland Avenue 21. 780 SF 0. 12 , S 2. 613. 60 Laubordette Park 1-401 Howard Avenue 8. 712 SF 0. 12 S 1. 045.44 Little Cottonwood Park 4000 Farquhar avenue 235. 224 SF 0. 12 S 28. 226. 88 Orville Lewis Park 3662 Kempton Drive 47.916 SF 0. 12 $ 5. 749. 9' , Laurel Park 10915 Bloomfield Street 139. 392 SF 0. 12 S 16. 727. 0. 4 Sierra Circle. green
Cerritos and Bloomfield 3. 039 SF
belt

0. 12 $ 364. 68
City Hall Complex ( to ;
191 Katella Avenue 26. 136 SF 0. 12 S 3- 136. 32
include Roberts Park.

Reguesr For Propo: a.' 2020- 65 00
Park& Lartd: cape Maintenance Service.: 20. 70
Crib of La:. aiamito: c
27jPage a
tr4
North Star Landscape

Page 358 of 546 ends

DocuSign Envelope ID: B2BSAE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 rear of Conuuuuun_
Center)
Ticonderoga patella
East of Ticonderoga Drive
service road
to the west of 5008 Katella 873 LF S 0. 1: S 104 76
Avenue( Potholder Cafe)
Oak Bike Path
Oak treet to Coyote Creek

1. 016 LF S 0. 1' S 121. 92
ark
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
Proposal Schedule Iotal: S S4. 955. 95
Proposal Schedule Total( Lu word): Eighty- Four Thousand Nine Hundred Fifty-Five Dollars And Ninety-Five Cents
North Star Landscape December 1 ', 2020
C ompany Name of Proposer Date
Lqu-: r For Prnpo_ a! 20: O- 05
Par it Land:: ape llanuenar! cc. Service:: 0: 0
Crn of io:- iran, rro:
28 Page
CT)
aa, 00ro
111 North Star Landscape

Page 359 of 546 ends

Page 360 of 546 ends

DocuSign Envelope ID: 5F64D222- ED62- 4B3D- BD12- C92BOD8CAC37 AMENDMENT No. 1 TO CITYWIDE LANDSCAPING SERVICES

AGREEMENT
North Star Land Care
This Amendment No. 1 to Landscape Maintenance Services Agreement Amendment") is made and entered into on this 15th day of August, 2022 by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, City") and, North Star Land Care (" Contractor"). City and Contractor are sometimes hereinafter collectively referred to as the " Parties."

RECITALS
A. City and Contractor entered into that certain a Landscape Maintenance Services Agreement to provide landscape maintenance services for City Parkways, medians, landscape areas and parks services on January 19, 2021 (" Agreement"), which is incorporated herein by this reference.

B. City and Contractor desire to amend the Agreement to include additional monthly landscape maintenance services, subject to the terms and provisions of this Amendment.

NOW, THEREFORE, City and Contractor mutually agree as follows:

1. Section 1. of the Agreement is hereby amended and restated in its entirety to read as follows:

1. Scope of Services and Standard ofPerformance. Contractor shall provide those services set forth in the Parks & Landscape Maintenance Services Proposal, dated November 16, 2020, attached hereto as Exhibit " A", and as supplemented by Attachment " 1" to Exhibit " A" ("Scope of Services" and/ or Project Services"). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City."

2. Section 2. 1 of the Agreement is hereby amended and restated in its entirety to read as follows:

Page 1 of 4 ends

Page 361 of 546 ends

DocuSign Envelope ID: 5F64D222- ED62- 4B3D- BD12- C92BOD8CAC37

2. 1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, ifany, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Nine Thousand Five Hundred Five Dollars and Sixty -Six Cents ($ 9, 505. 66) monthly. The maximum amount of City' s payment obligation under this Agreement is the amount specified in this section"

3. Attachment " 1" to this Amendment is hereby appended to and made a part of Exhibit "A" (Proposal/ Scope of Services) to the Agreement.

4. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

5. The persons executing this Amendment on behalf of the Parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said Parties and that by so executing the Parties are formally bound to the provisions of this Amendment.

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

SIGNATURES ON THE FOLLOWING PAGE

Page 2 of 4 ends

Page 362 of 546 ends

DocuSign Envelope ID: 5F64D222- ED62- 4B3D- BD12- C92BOD8CAC37 City"
City of Los Alamitos
DocuSigned by:

APPROVED AS TO FORM.

Woodruff, Spradlin & Smart, APC
DocuSigned by:
s. V Byet‘-- D2A022E0E4DF418...

Michael S. Daudt 8/ 23/022
City Attorney
By:

Mayor
asselbrink 8/ 23/022
ATTEST:
1 --- DocuSigned by:

B y' ‘%-- s4Bcc26B4CA8409...

Windmera Quintanar, MMC
City Clerk 8/ 23/022
Contractor"
North Star Land Care
By:

DocuSigned by:
9031334493D04A8_.

Jose A. Martinez
President
tony( anorthstarlandcare. com
e-- DocuSigned by:

By. '.....--.

Egtoz3. 331021458..
441ST
Juan Angel Sotelo
8/ 23/022
8/ 20/22
CFO
juan@northstarlandcare. com

Page 3 of 4 ends

Page 363 of 546 ends

DocuSign Envelope ID: 5F64D222- ED62- 4B3D- BD12- C92BOD8CAC37 Attachment 1
North Star Land Care Estimate 1011-21

Page 4 of 4 ends

Page 364 of 546 ends

DocuSign Envelope ID: 5F64D222- ED62- 4B3D- BD12- C92BOD8CAC37 North Star Land Care
10831 Downey Ave
Downey, CA 90241
562) 674- 3076
www. northstarlandcare. com
accounts@northstarlandcare. com

ADDRESS
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
USA

SALES REP
R. S.

NORTH STAR

LAN D C A R E
Estimate 1011-21
DATE 06/ 21/022

NORTH STAR
Landscape

DATE ACTIVITY QTY RATE AMOUNT
Services
Additional
Monthly
Landscape
Maintenance
Services for
the City of Los
Alamitos
2 Man Crew
16 Man Hours Weekly
Accepted By
1 2, 426. 00 2, 426. 00
TOTAL 2, 42600
Accepted Date

Page 365 of 546 ends

1732113.1 Page 1 of 2
AMENDMENT NO. 2 TO LANDSCAPE MAINTENANCE SERVICES

AGREEMENT
North Star Land Care
This Amendment No. 2 to Landscape Maintenance Services Agreement (“Amendment”) is made and entered into on this 14th day of November, 2022 by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and, North Star Land Care (“Contractor”). City and Contractor are sometimes hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Contractor entered into that certain a Landscape Maintenance Services Agreement to provide landscape maintenance services for City parkways, medians, landscape areas and parks services on January 19, 2021 (“Original Agreement”), which is incorporated herein by this reference.

B. City and Contractor entered into that certain Amendment No. 1 to Citywide Landscaping Services Agreement to include additional monthly landscape maintenance services on August 15, 2022 (:Amendment No. 1”), which is incorporated herein by this reference.

C. The Original Agreement as amended by Amendment No. 1 is referred to herein as the “Agreement.”
D. The Agreement will expire on January 19, 2023, unless extended by mutual written agreement of the Parties. The Agreement may be extended for up to two additional one (1) year terms through January 19, 2025.

E. City and Contractor desire to amend the Agreement to exercise the first of two possible one-year contract extensions, through January 19, 2024, subject to the terms and provisions of this Amendment.

NOW, THEREFORE, City and Contractor mutually agree as follows:

1. Section 3.4 of the Agreement is hereby amended and restated in its entirety to read as follows:

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of three (3) years, ending on January 19, 2024. Upon written agreement of the Parties, the Agreement may be extended for up to one additional one (1) year term through January 19, 2025.

2. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

Page 366 of 546 ends

1732113.1 Page 2 of 2

3. The persons executing this Amendment on behalf of the Parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said Parties and that by so executing the Parties are formally bound to the provisions of this Amendment.

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

SIGNATURES ON THE FOLLOWING PAGE
“City”
City of Los Alamitos
By:_______________________________
Shelley Hasselbrink
Mayor
APPROVED AS TO FORM.

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

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
North Star Land Care
By:_______________________________
Jose A. Martinez
President
[email protected]
By:_______________________________
Juan Angel Sotelo
CFO
[email protected]

Page 367 of 546 ends

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 11K
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 2 to Professional Services Agreement (PSA) with Joncowest LLC for Janitorial Services

SUMMARY
This item seeks approval of Amendment No. 2 with Joncowest LLC for Janitorial Services for City facilities.

RECOMMENDATION
Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Joncowest LLC for a six (6) month term ending on August 31, 2023, for janitorial services for City facilities.

BACKGROUND
The City is responsible for eight separate City facilities to clean and sanitize, including common areas both for employees and visitors alike. The facilities include City Hall 1, City Hall 2, the Council Chamber, the Public Works Break Room and Offices, the Community Center, the Youth Center building and the Pre-School building. With the departure of the Public Works Division team member responsible for the nightly janitorial duties, the City sought different options to continue the work load. One of which was the possibility of contracting out janitorial services.

In December 2021, the City released Requests for Proposals (RFP) 2021-11, which solicited janitorial services for City facilities and was ultimately awarded to Joncowest LLC. in February 2022.

In August 2022, City Council approved the augmentation of monthly services, to include deep cleaning of the large kitchen in the Community Center. The large kitchen is heavily utilized to provide services for the community for occasions and programs, which resulted in the need for deep cleaning; this would ensure that the facility is kept free of any vermin, insects, and/or rodents.

DISCUSSION
Joncowest LLC provides maintenance of City facilities, including City Hall 1, City Hall 2, the Council Chamber, the Public Works Break Room and Offices, the Community Center, the Youth Center building and the Pre-School building. The scope of service rendered by this

Page 368 of 546 ends

agreement includes but is not limited to:
 Clean restrooms, disinfect, and replenish supplies
 Clean all floors - dust mop and wet mop floors
 Clean all horizontal surfaces, shelves, desks, cabinets, etc.  Vacuum all carpets
 Empty trash receptacles and replace them with clean liners  Monthly high surface dusting in all buildings
 Daily window cleaning
 Cleaning glass doors daily
 Restock paper towels, toilet paper, hand soap and deodorants, and toilet seat covers as needed
 Clean kitchen areas including sinks, wiping down refrigerator exterior, counter tops, and walls adjacent to prep areas/sink areas
 Monthly deep cleaning of the Community Center's large kitchen Joncowest LLC has agreed to provide continued services with no price increase for the proposed term. Amendment No. 2 to the Professional Services Agreement (PSA) extends the City’s contractual relationship with Joncowest LLC for a period of six (6) months, ending on August 31, 2023.

FISCAL IMPACT
Amendment No. 2 to the PSA with Joncowest LLC for janitorial services, will not exceed a total bi-annual amount of $37,000. Funding for these services is included in the building maintenance division budget within the Development Services Department budget. The total contact amount is incorporated into Fiscal Year 2022-2023 budget.

Attachment: 1. 11-15-22 - Jonco - Amend No.2

2. 11F - Amendment No. 1 with Joncowest LLC for Additional Janitorial Services at a City Facility

3. Jonocowest, LLC (2022)

Page 369 of 546 ends

Page 1 of 2 ends

AMENDMENT NO. 2 TO JANITORIAL SERVICES AGREEMENT
Joncowest LLC
This Amendment No. 2 to Janitorial Services Agreement (“Amendment”) is made and entered into on this 14th day of November, 2022 by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and, Joncowest LLC (“Contractor”). City and Contractor are sometimes hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Contractor entered into that certain Janitorial Services Agreement on February 28, 2022 (“Original Agreement”), which is incorporated herein by this reference.

B. City and Contractor entered into that certain Amendment No. 1 to Janitorial Services Agreement to include additional deep cleaning kitchen services on August 15, 2022 (Amendment No. 1”), which is incorporated herein by this reference.

C. The Original Agreement as amended by Amendment No. 1 is referred to herein as the “Agreement.”
D. The Agreement will expire on February 28, 2023, unless extended by mutual written agreement of the Parties. The Agreement may be extended for up to two additional one (1) year terms through February 28, 2025.

E. City and Contractor desire to amend the Agreement to exercise the first of two possible contract extensions, extending the term for (6) months through August 31, 2023, subject to the terms and provisions of this Amendment.

NOW, THEREFORE, City and Contractor mutually agree as follows:

1. Section 3.4 of the Agreement is hereby amended and restated in its entirety to read as follows:

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of eighteen (18) months, or one and one-half years, ending on August 31, 2023. Upon written agreement of the Parties, the Agreement may be extended for up to one additional one (1) year term through August 31, 2024.

2. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

3. The persons executing this Amendment on behalf of the Parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said Parties

Page 370 of 546 ends

Page 2 of 2 ends

and that by so executing the Parties are formally bound to the provisions of this Amendment.

IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Shelley Hasselbrink
Mayor
APPROVED AS TO FORM.

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

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

Page 371 of 546 ends

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 15, 2022 ITEM NUMBER: 11F
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 1 with Joncowest LLC for Additional Janitorial Services at a City Facility

SUMMARY
This item seeks approval to expand the janitorial services rendered by Joncowest LLC.

RECOMMENDATION
Authorize the Mayor to execute Professional Services Agreement (PSA) Amendement No. 1 with Joncowest LLC for augmented monthly janitorial services at a cost of $880.00/month.

BACKGROUND
The City is responsible for eight separate City facilities to clean and sanitize, including common areas both for employees and visitors alike. The facilities include City Hall 1, City Hall 2, the Council Chamber, the Public Works Garage, the Community Center, the Youth Center building, and the Pre-School building. With the departure of the Public Works Division team member responsible for the nightly janitorial duties, the City sought different options to continue the work load. One of which was the possibility of contracting out janitorial services.

In December 2021, the City released Requests for Proposals (RFP) 2021-11, which solicited janitorial services for City facilities and was ultimately awarded to Joncowest LLC. in February 2022. Since the commencement of services, staff is satisfied with the service provided by Joncowest LLC.

DISCUSSION
This staff report seeks approval to secure additional monthly maintenance services from Joncowest LLC., for the deep cleaning of the large kitchen at the Community Center, which is not a service currently included within the agreement. The large kitchen is heavily utilized to provide services for the community for occasions and programs such as special events, facility rentals, the Senior Grocery Program, the Dine-In N Dough House lunch experience, Senior Club, and Day Camp.

As a result of its frequent usage, the area necessitates a deep cleaning to ensure that the facility is kept free of any vermin, insects, and/or rodents. This service will be provided on a monthly basis.

FISCAL IMPACT

Page 372 of 546 ends

The City currently pays $5,262.00/month to Joncowest LLC. The added maintenance services will incur an additional monthly cost of $880.00, which will bring the monthly total to $6,142.00.

The total annual payment for services from Joncowest LLC. will be $73,704.00. Funding for these services is included in the building maintenance division budget within the Development Services Department budget. The new annual contract amount will be incorporated into the Fiscal Year 2022-2023 Budget.

Attachment: 1. Joncowest LLC - Amend No. 1

2. Joncowest LLC - Exhibit A

3. Jonocowest, LLC (2022)

Page 373 of 546 ends

Page 1 of 4 ends

AMENDMENT No. 1 TO JANITORIAL SERVICES AGREEMENT
Joncowest LLC
This Amendment No. 1 to Janitorial Services Agreement (“Amendment”) is made and entered into on this 15th day of August, 2022 by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and, Joncowest LLC (“Contractor). City and Contractor are sometimes hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Contractor entered into that certain Janitorial Services Agreement on February 28, 2022 (“Agreement”), which is incorporated herein by this reference.

B. City and Contractor desire to amend the Agreement to include additional deep cleaning kitchen services, subject to the terms and provisions of this Amendment.

NOW, THEREFORE, City and Contractor mutually agree as follows:

1. Section 1.1 of the Agreement is hereby amended and restated in its entirety to read as follows:
“1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Los Alamitos Janitorial Services Proposal, dated January 4, 2022, attached hereto as Exhibit “A”, and as supplemented by Attachment “1” to Exhibit “A” (“Scope of Services” and/ or “Project Services”).

Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.”

2. Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows:
“2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Six Thousand One Hundred and Forty-two Dollars ($ 6,142.00) per month. The maximum amount of City' s payment obligation under this Agreement is the amount specified in this section.”

Page 374 of 546 ends

Page 2 of 4 ends

3. Attachment “1” to this Amendment is hereby appended to and made a part of Exhibit “A” (Scope of Services and Standard of Performance) to the Agreement.

4. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

SIGNATURES INCLUDED ON THE NEXT PAGE

Page 375 of 546 ends

Page 3 of 4 ends

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

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
Joncowest LLC.

By:_______________________________
Pattie Patrick
Owner
By:_______________________________
Jaheyla Jones
Chief Operations Officer (COO)

Page 376 of 546 ends

Page 4 of 4 ends

Attachment 1
Joncowest LLC Quote No. 1149

Page 377 of 546 ends

RECIPIENT:

Los Alamitos City Hall
3191 Katella Avenue
Los Alamitos, California 90720
Quote #1149
Sent on 06/28/2022
Total $880.00
PRODUCT / SERVICE DESCRIPTION QTY. UNIT
PRICE
TOTAL
Deep Cleaning Kitchen
Services
Monthly Deep Cleaning Services
Hourly Per Person $55.00
Supplies Included
16 $55.00 $880.00
Joncowest
268 N. Lincoln Ave
Ste 8
Corona, CA 92882
This quote is valid for the next 30 days, after which values may be subject to change.

Total $880.00
Joncowest LLC
800-646-0234 | [email protected] | www.Joncowest.com

Page 378 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

JANITORIAL SERVICES AGREEMENT
Joncowest LLC.

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

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

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

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

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

AGREEMENT

1. SERVICES OF CONTRACTOR

1. 1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Los Alamitos Janitorial Services Proposal, dated January 4, 2022, attached hereto as Exhibit " A" (" Scope of Services" and/ or " Project Services"). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

1. 1. 1 Contract Documents. This Agreement shall consist of the following: ( 1) the main body of this Agreement; ( 2) RPF No. 2021- 11, dated December 15, 2021; and ( 3) Contractor' s Proposal, Exhibit " A". Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority:( 1st) the main body of this Agreement; ( 2n1) the RFP, and( 3` d) Contractor' s Proposal. 1 1367754. 1

Page 379 of 546 ends

DocuSign Envelope ID: 07F6A61 A-463C- 43B2- 9383- F89DD55F3153

1. 3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor' s performance of the Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.

1. 4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor ( a) has thoroughly investigated and considered the Project Services to be performed, b) has carefully considered how the Project Services should be performed, and ( c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.

1. 5 Care in Performance of Project Services. Contractor shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components ofthe Project Services, and shall be responsible for all such damages, to persons or property, until acceptance ofthe Project Services by the City, except such losses or damages as may be caused by City' s own negligence.

Page 380 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

2. COMPENSATION

2. 1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed five thousand two hundred and sixty- two Dollars ($ 5, 262. 00) per month. The maximum amount of City' s payment obligation under this Agreement is the amount specified in this section.

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

2. 3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/ she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: ( a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/ or, ( b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor' s profession.

3. SCHEDULE OF PERFORMANCE

3. 1 Time of Essence. Time is of the essence in the performance of this Agreement.

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

Page 381 of 546 ends

DocuSign Envelope ID: 07F6A61 A-463C- 43B2- 9383- F89DD55F3153

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

3. 4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of one ( 1) year, ending on February 28, 2023. Upon mutual written agreement of the Parties, the Agreement may be extended for up to two additional one ( 1) year terms through February 28, 2025.

4. COORDINATION OF PROJECT SERVICES

4. 1 Contractor' s Representative. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith: Pattie Patrick. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4. 2 City' s Contract Officer. The City' s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Contractor' s responsibility to ensure that the Contract Officer is kept fully informed ofthe progress ofthe performance ofthe Project Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf ofthe City required hereunder to carry out the terms of this Agreement.

4. 3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not 4 1367754. 1

Page 382 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 contract with any other entity to perform the Project Services without prior written consent of City.

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

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

4. 4 Independent Contractor.

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

4. 4. 2 Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

Page 383 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 sickness arising out of the performance of any Project Services. Iffor any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor' s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

4. 5. 1 In the event that Contractor or any officer, employee, representative, agent, subconsultant or subcontractor of Contractor providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System( PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City against ( 1) all such claims and determinations, ( 2) for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subconsultants or subcontractors, and( 3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

5. INSURANCE

5. 1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor' s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.

Page 384 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 1, 000, 000. 00) per occurrence and Two Million Dollars($ 2, 000. 000. 00) in the general aggregate.

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

5. 2. 2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance. Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 ( any auto), or if the Contractor has no owned autos, Code 8 ( hired) and Code 9 ( non- owned), with limits of no less than One Million Dollars ($ 1, 000, 000.00) for each occurrence covering bodily injury and property damage.

5. 2. 3 Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers' compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer' s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($ 1, 000,000.00) per accident for bodily injury or disease. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker' s Compensation Insurance or Employer' s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.

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

5. 4 Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
7 1367754. 1

Page 385 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

5. 4. 1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

5. 4. 1. 1. 1 Additional Insured Endorsements. Additional insured endorsements shall not ( 1) be restricted to " ongoing operations", ( 2) exclude " contractual liability",( 3) restrict coverage to" sole" liability of Contractor, or( 4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

5. 4. 1. 2 Primary and Non- Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.

5.4. 1. 3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5. 4. 2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty( 30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor' s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten ( 10) calendar days prior written notice. ( A statement that notice will be provided " in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)

5. 5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City' s sole and absolute discretion.

5. 6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each ofthe insurance policies required by this section. Contractor shall promptly furnish, at City' s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage. 8 1367754. 1

Page 386 of 546 ends

DocuSign Envelope ID: 07F6A61 A- 463C- 43B2- 9383- F89DD55F3153

5. 6. 1 Required insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for written approval.

5. 6. 2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.

5. 6.3 Renewal/ Replacement Policies. At least fifteen ( 15) calendar days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten ( 10) calendar days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.

5. 8 Enforcement of Agreement ( Non- Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5. 10. 1 Contractor shall provide immediate written notice to City if( 1) any of the insurance policies required herein are terminated, cancelled or suspended, ( 2) the limits of any of 9 1367754. 1

Page 387 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 the insurance coverages required herein are reduced, or( 3) the deductible or self-insured retention is increased.

5. 10.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent ofthe 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. 5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.

5. 10.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out ofthe work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend ( at Contractor' s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death,( collectively" Claims") in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and 10 1367754. 1

Page 388 of 546 ends

DocuSign Envelope ID: 07F6A61 A-463C-43B2- 9383-F89DD55F3153 attorneys' fees and other related costs and expenses.

Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to claims that arise out of,pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

7. REPORTS AND RECORDS

7. 2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.

7. 4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance ofProject Services shall not be released publicly without the prior written approval ofthe Contract Officer. 11 1367754. 1

Page 389 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

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 ofthe State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8. 2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City' s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8. 3 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8. 4 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8. 5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty ( 30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.

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

8. 6 Termination for Default of Contractor.

8. 6. 1 Contractor' s failure to comply with any provision of this Agreement shall constitute a default.

Page 390 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions ofthis section shall not constitute a waiver ofany City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City' s right to terminate this Agreement without cause pursuant to Section 8. 5.

8. 6. 3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor' s liability for completion of the Project Services as provided herein.

8. 7 Attorneys' Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any nonjudicial 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 plaintiffor petitioner ofthe litigation or nonjudicial proceeding within thirty( 30) calendar days ofthe 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 ofthe City shall be personally liable to the Contractor, or any successor- in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation ofthe terms ofthis Agreement.

Page 391 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

10. MISCELLANEOUS PROVISIONS

10. 1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation ofthe Party receiving the notice, or sent by pre- paid, first- class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two ( 2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE— JONCOWEST LLC.

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

Los Alamitos, CA 90720
csimmons@cityoflosalamitos. org
With copy to:

Michael S. Daudt, City Attorney
Woodruff, Spradlin& Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
mdaudt@wss- law.com
To Contractor: Joncowest LLC
268 N. Lincoln Avenue, Suite 8
Corona, CA 92882
help@joncowest. com

10. 2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications ofthis Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10. 4 Successors in Interest. This Agreement shall be binding upon and inure to the 14 1367754. 1

Page 392 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 benefit of the Parties' successors and assignees.

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

10. 7 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (" Prevailing Wage Laws"). Contractor agrees to fully comply with all applicable federal and state labor laws ( including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

10. 8 Corporate Authority. Each of the undersigned represents and warrants that( i) the Party for which he/ she is executing this Agreement is duly authorized and existing, ( ii) he/ she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/ she is signing, ( iii) by so executing this Agreement, the Party for which he/ she is signing is formally bound to the provisions of this Agreement, and ( iv) the entering into this Agreement does not violate any provision of any other agreement to which the Party for which he/ she is signing is bound.

SIGNATURES ON NEXT PAGE]
15 1367754. 1

Page 393 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383-F89DD55F3153 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

City"
City of Los Alamitos
DoccuSig_ned by: /,,
By:

Q
yu "
7 AF5fiF440C7A14GD...
3/ 29/ 2022 Shelley Hasselbrink
Mayor
APPROVED AS TO FORM. ATTEST:

Woodruff, Spradlin & Smart, APC
DocuSigned by:
1'
r—DocuSigned by:

By: hithALL> S. Vau.64 By: iln, wlt, Va main aV
Daudt 3/ 29/ 2022 Wincfinera Quintanar, MMC
City Attorney City Clerk 3/ 29/ 2022
Contractor"
Joncowest LLC
OocuSignedby:
pa{ c, Aavtdc
By. 6624AC i46o... Pattie Patrick 3/ 29/ 2022
Owner
pattiep@joncowest. com
r—DocuSigned by:

By: JD94199E Br84E1...
3/ 28/ 2022 Jahey a Jones
Chief Operations Officer( COO)
ji.patrick@joncowest. com
16 1367754. 1

Page 394 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Exhibit A
Scope of Services and Standard of Performance
17 1367754. 1

Page 395 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Response to Request for Proposals:

RFP 2021- 11 Janitorial Services for City Facilities
Los Alamitos
CatitoWitu
Submitted By:

Joncowest LLC
268 N Lincoln Ave
Suite 8
Corona, CA 92882
Contact Person:

January 4, 2022

Page 396 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 January 4, 2022
4411166.

Attn: Ron Noda
Development Services Director
City of Los Alamitos U"7JET
3191 Katella Avenue
Los Alamitos, CA 90720
RE: Janitorial Services for City Facilities
Dear Mr. Noda:

On behalf of Joncowest LLC ( Joncowest), I am pleased to submit this Proposal to the City of Los Alamitos.

Joncowest has assessed the needs considered the needs of the City and has created a team with the essential knowledge and experience required to carry out the scope of project and functions described. Joncowest ensures customers satisfaction and completion of projects through our transition plan and efficient communication.

This proposal highlights Joncowest' s years of experience, staff capabilities and provides references to a few of many satisfied customers. Additionally, our proposal' s submission is in accordance with the terms and conditions outlined in the Request for Proposal document and will remain valid for at least 90 days after the due date.

If any additional information is required about our firm or this proposal, please do not hesitate to contact Pattie Patrick. Pattie has the authority to bind Joncowest LLC to a contract with the City of Los Alamitos.

Best regards,
Pattie Patrick, Manager
2

Page 397 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Ifigge
City of Los Alamitos
Janitorial Services for City Facilities

TABLE OF CONTENTS
Cover Letter
1 Table of Contents 3
B. Company Data 4
C. Proposal 5
Letter of Introduction 5
Firm' s Approach to Delivering the Scope of Services 5
Company Profile 8
Principle Office Location 8
Qualifications of Assigned Personnel 8
References 10
Cost Proposal 12
List of Personnel to be Assigned 13
Insurance 13
Attachment A: Cost Proposal Form 14
Attachment B: Resumes 14
3

Page 398 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
B. COMPANY DATA
Official Firm Name and Address Joncowest LLC
268 N. Lincoln Ave Suite 8
Corona, CA 92882
Point of Contract Pattie Patrick, Owner
268 N Lincoln Ave Suite 8
Corona, CA 92882
Phone#: 424- 526- 6241
Email: hela( ioncowest.com
Type of Entity Limited Liability Corporation
Federal Employer I. D. Number 46-3329567
Firm' s Location 268 N Lincoln Ave Suite 8
Corona, CA 92882
Phone#: 424- 526- 6241
Ownership Statement Joncowest LLC is not owned by another company or individual
Number of Years in Business 46 years
All Current Comparable Contracts See Provided References I Areas of Specialization Government and Commercial janitorial services
Failure or Refusal to Complete a Contract None
Financial Interests in Other Lines of None
Business
Known Conflicts of Interest None
4

Page 399 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
C. PROPOSAL
Lejtgr of introduction
Joncowest understands that transitioning to a new janitorial provider can be an undertaking filled with the unknown. We plan to formulate a plan which provides a seamless transition for the City of Los Alamitos.

Drawing on our years of experience in the janitorial industry, Joncowest will provide superior service on time and on budget. Our dedicated team has reviewed the scope of services, walked the job site, and has developed a comprehensive service plan which will go above and beyond the City of Los Alamitos expectations.

In the following pages, Joncowest will lay out our roadmap towards fulfilling the project RFP# 2021- 06. Our roadmap includes: Transition Plan, Staff Training, Equipment Training, and Quality Control.
t,rm's Approach to Delivering the Scope of Services
Transition Plan
Joncowest performs a Phase-In stage with each new contract. Our Project Manager will take several steps to ensure our familiarization with each site' s unique requirements and operations.

During the Phase- In stage we will develop schedules and protocols for the assigned team members
Preparation/ Start-up and planning will involve:

Contracting Meeting with Customer
Site Walk Through
Development of a Requirements Check List
Facility Condition Report covering any Pre- Existing Performance Concerns Site Specific Training for Cleaning Technicians and Supervisors Badging/Background processing
Contract Deliverables
Establishing Contractor Storage Space
Facility Condition Report ( current performance)
Safety Procedures
Security Requirements
Uniforms Including Required PPE
5

Page 400 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 triNLAJ
City of Los Alamitos
Janitorial Services for City Facilities
Vendor/ Ordering Materials & Equipment/Training
Work Plan/ Orientation
The Phase- In stage is the key to our successful track record of providing exceptional janitorial services to government agencies and commercial clientele.

Staffing Training
While the executive staff of Joncowest are working with the City of Los Alamitos to provide a seamless transition of services, our Human Resources team will be working on training our staff, so they are ready to begin work fully prepared on day one.

Joncowest training consists of:

Basic Office Cleaning — Detailing the systematic steps to daily office cleaning covering, desk servicing, trash removal, general dusting, and floor care. This includes viewing training media and demonstrations of the proper techniques to use. Emphasis is on quality cleaning, proper product use, and safety.

Disinfectant Surface Cleaning — Detailing the systematic steps to daily surface cleaning covering desk, cabinets, phones, tables, appliances, fixtures, door handles, and sinks.

Ground Rules for Professional Custodians — Enforcing the establishment of a professional attitude in all custodial workers includes the instilling of pride in workmanship and total awareness of our quality requirements. Also the strategic approach in focusing on the "do's and don'ts" in such areas as personal conduct, security, cleaning techniques, customer relations, building mechanical controls, energy conversation, and work patterns are highly emphasized.

Specific Contract Training — Each contract and location is unique within itself.

Inclusive in our training is a customized training program for specific requirements in the contract from cleaning task to security and safety requirements. We also address government furnished property, tenant missions, physical security, fire and traffic regulations.

Basic Rest Room Cleaning — Proper procedures for cleaning, disinfecting, and servicing of fixtures and accessory items found in all rest rooms are covered in great detail including viewing recorded with a demonstration of the proper techniques. Again, emphasis is on quality cleaning, proper product use, and safety.

Daily Floor Maintenance — Covering basic procedures to care for both carpet and tile floor surfaces using such techniques as micro flat mop dusting, spray buffing, wet flat mopping and damp flat mopping, and HEPA vacuuming as requested per the RFP 2021- 06.
6

Page 401 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Material Training
All newly hired employees will be required to attend our standard orientation/training as part of our hiring process. This training includes specific training on use of specialized equipment, supplies, and chemicals and is provided in partnership with our supply vendors, who by request can be physically on-site to assist in this training.

The success of this training will produce the following:

Introductions to cutting- edge technologies designed to improve cleaning standards while reducing labor cost and hazards
Installation of safer work practices that will comply with the City of Los Alamitos required measures of duties & responsibilities per the RFP# 2021- 06 Trained Staff Members who will continually self-evaluate their work, ensuring that the results are reachable and satisfactory
Equipment Training
Equipment maintenance begins with the equipment operator. Each operator is trained in the proper use and care of equipment. Equipment that will be assigned to this contract complies with all Government safety standards. Included in each operator' s job description is the requirement to clean and maintain the equipment after each use.

Inspection of the equipment' s condition and cleaning of the equipment after each use is incorporated into our Quality Control Inspection Program. The Crew Leader incorporates the inspection of equipment into their daily responsibilities.

All equipment and tools provided by Joncowest shall be heavy-duty commercial grade equipment for performance of the City of Los Alamitos needs. Equipment showing signs of wear to the extent that a task cannot be performed will be promptly replaced.

All equipment shall have bumpers and guards to prevent marking or scratching fixtures, furnishings, or building surfaces. Electrical equipment used by Joncowest shall be UL approved, meeting OSHA requirements, and all other safety requirements as specified in RFP# 2021- 06.

Quality Control
Joncowest's traveling supervisor will be responsible for ensuring that our high cleaning standards are met. Our Supervisor will employ the following Quality Control process:

Inspections: Facilities will be inspected on a regular schedule, along with weekly unannounced inspections. Using customized quality control inspection reports, the Supervisor will review the cleaning staffs work and note all findings. 7

Page 402 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Deficiency Correction: Any deficiencies found during the inspections are listed on the quality control reports. These deficiencies are corrected through employee coaching and training. Once the deficiencies have been corrected, the Supervisor documents the steps taken to correct the problem and the report is forwarded to the Project Manager for review.

Process Improvement: The Project Team will review the quality control reports monthly to identify the root cause of any repetitive deficiencies and changes to the Joncowest training process, if necessary leading to remedying these deficiencies.
leompany Profile
Jonwest is certified with the Women' s Business Enterprise National Council (WBENC) and California certified Small Business that has been actively engaged in providing residential and commercial janitorial services since 1975. Joncowest is a domestic LLC business entity that is registered with the California Secretary of State.

Located in Corona California, Joncowest offers a wide range of professional cleaning services for commercial and industrial locations. Our dedicated project team has decades of janitorial and facilities maintenance experience. Here at Joncowest we have a documented history of providing similar scopes of work to those outlined in the City of Los Alamitos' RFP # 2021- 06.

Joncowest has serviced over 20 million square feet of commercial space while adhering to the highest industry standards pertaining to safety, biohazards, sanitation, Covid- 19 mitigation protocols, green cleaning, and customer service. Through our extensive training program and on- boarding process, Joncowest educates our employees on optimum cleaning standards that we apply to each opportunity we have to service out clientele.
rincip e Office Location
Joncowest will provide the janitorial services outlined in this solicitation from our Corona California facility.
alificat of Assigned Personnel
Proposed Project Team
8

Page 403 of 546 ends

DocuSign Envelope ID: 07F6A61A-463C-43B2-9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Pattie
Patrick
Project Manager
Elsa Jones
a -
Customer Relations
ployee Manager Supervisor
Brandi
Shift Supervisor
ant oria anttoriaa Janitorial
Staff Staff Staff
Pattie Patrick, Project Manager
Ms. Patrick will be responsible for the management of personnel, company assets, resources, health and safety protocols, training, coaching, and motivation of leadership staff.

Iris Martinez, Employee Manager
Ms. Martinez will be responsible for identifying and assigning Joncowest staff to the City of Los Alamitos RFP # 2021- 06. Ms. Martinez will assist in the overall direction, coordination, and evaluation of staff engaged in cleaning and maintaining the City of Los Alamitos locations.

Elsa Jones, Customer Service Supervisor
Ms. Jones will work with the City of Los Alamitos with regards to Joncowest policies, practices, and programs regarding safety. Ms. Jones will monitor all safety concerns and report any findings to the City of Los Alamitos Project Manager.

Ms. Jones will also oversee Joncowest' s
facility staffing, employee relations, equal
opportunity acts, and health and safety policies and practices to ensure that all applicable provisions of federal and state labor laws including the maintenance of necessary files are adhered to.
9

Page 404 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Brandi Jones, Shift Supervisor
Ms. Jones will be the Shift Supervisor and will provide janitorial staff leadership to manage the City of Los Alamitos. She will ensure that Joncowest' s high cleaning standards are being met and all quality control documentation is completed and archived. Ms. Jones will also conduct quality control inspections, facility equipment inspections, and will ensure that the facility is properly maintained. When deficiencies are discovered, she will report them to the proper project contacts.

Full resumes provided as Attachment B
Reference 1: Walmart Fulfillment Center
Walmart Fulfillment Center
Multiple Centers: 8103, 7049, 8799, and 6561
Contract 10/ 15/ 2018 to present
Dates:

Contact: Randall Bishop
Facilities Manager
6720 Kimball Ave
Chino, CA 97108
Phone: ( 909) 313-3116
Reference 2: City of Santa Barbara
City of Santa Barbara
s Property Address: 1221 Anacapa Street
1 Santa Barbara CA 93101
I
J
Contract 06/ 13/ 2020 to present
Dates:

Contact: i Dion Tait, Supervisor
Facility Maintenace
1221 Anacapa Street
Santa Barbara, CA 93101
Phone: ( 805) 564- 5657
10

Page 405 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Reference 3: City of Pasadena
City of Pasadena
Property Address: 100 N Garfield Ave
PA lADENA
Pasadena, CA 91101
Contract 05/ 16/ 2020 to present
Dates:

Contact: Michael Woolson, Management Analyst
City of Pasadena
100 N Garfield Ave
Pasadena, CA 91101
Office: ( 626) 744- 7359
Reference 4: California Highway Patrol
California Highway Patrol Inland Division Air Operations 3 Sacramento, CA 95811
Contract 04/ 01/ 2020 to present
Dates:

Contact: Lila Peranteau, Office Technician
California Highway Patrol
601 North 7th Street
Sacramento, CA 95811
Office: ( 760) 240- 8004
11

Page 406 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 alre
City of Los Alamitos
Janitorial Services for City Facilities
Reference 5: California Department of Motor Vehicles
California Department of Motor Vehicles
SYlIE( 1fv`MiWhfb
Multiple Locations: Victorviile, Barstow, & Needles
3r+" N( hi iw ihr 4f vinatia
Contract 01/ 01/ 2020 to present
Dates:

Contact: Victoria Prevost, SSM 1
California DMV
2415 First Ave
MS F106
Sacramento, CA 95818
Office: ( 916) 657- 8772
Proposal
Section F: Proposal Schedule is provided as Attachment A. Below are the hourly rates for each service category:

Janitorial Staff
Team Member

26. 50 hourly rate includes blended rates
8 hours nightly
40 hours weekly
172 hours monthly
Project Manager/ Upper Office Staff

30. 60 hourly rate includes blended rates

5. 3 hours weekly
23 hours monthly
12

Page 407 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 ioVEST
City of Los Alamitos
Janitorial Services for City Facilities
ofPersonnel to be Assigned
The specific staff that will be assigned to each site are:

Site On-Site Personnel
City Hall 1 Ivan Perez
City Hall 2 Ivan Perez
City Council Chamber Ivan Perez
Community Center Ivan Perez
The Youth Center Cloys Jones
Public Works Break Room Cloys Jones
Public Works Garage Cloys Jones
Preschool Building Cloys Jones
Joncowest has reviewed the insurance requirements set forth by the City of Los Alamitos, RFP # 2021- 06 and affirms that they can provide requested proof and documentation as described and said insurance will be in force at the time of contract execution.
13

Page 408 of 546 ends

DocuSign EnvelopeiD: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Jc1 p
City of Los Alamitos
Janitorial Services for City Facilities
ATTACHMENT A: COST PROPOSAL FORM
ATTACHMENT B: RESUMES
14

Page 409 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

SECTION F

PROPOSAL SCHEDULE
REQUEST FOR PROPOSAL( RFP) 2021- 06

TRAFFIC SIGNAL MAINTENANCE SERVICES

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

DESCRIPTION OF CITY SQUARE FREQUENCY UNIT

FACILITY FOOTAGE PER WEEK PRICE
CITY HALL 1 2, 280 5 830. 00
CITY HALL 2 2, 256 5 830.00
CITY COUNCIL CHAMBER 1, 920 5 275. 00
COMMUNITY CENTER 8, 956 5 1350. 00
THE YOUTH CENTER 3, 419 5 717.00
PUBLIC WORKS BREAKROOM 1, 800 5 450. 00

PUBLIC WORKS GARAGE

OFFICES
1, 600 5
380.00
PRESCHOOL BUILDING 1, 100 5 430.00
TOTAL $ 5262. 00
The Company 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.

Proposal Schedule Total: $ 5262 Q0
Proposal Schedule Total( in word): Monthly proposal schedule of five thousand, two hundred and sixty two
dollars and zero cents.

Joncowest 1/ 3/ 2022
Company Name of Proposer Date
Request For Proposal 2021- 11
JANITORIAL SERVICES FOR CITY FACILITIES 2021
City ofLos Alamitos
261Page

Page 410 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Pattie
Patrick
Facilities Manager
C
13t't'.12 A'•;;:.1 Lc. l G
E, If t . . CA.« V JFi
95Gt 724-5: 87
SKILLS
Multitasking, Bitting, Accounts Payable& Receivables. Procurements, Bidding. Estimates. Payroll. Bookkeeping. Proficiency In MS Office and Outlook. Manages vendor relationships and trains. Conducts finals analysis, Ability to lead. Negotiates major projects..

EXPERIENCE
JoncoWest. Eastvete. California- Executive Manager
Arrr: 24115 PRESENT
Responsible for all operations. acting as contact for all staff, prospects. community organizations, government agencies and the pubic.

Supervises. directs. and motivates staff
Develops annual operating and capital budgets. Aggressively anticipates and minrmzes negative budget variances and deficits.

Fresh Start. Corona. California • Housekeeping Manager

5.; pten' ber 2012 Ccrihai 2014
Handle all work schedules and manage open positions.
vacations and absenteeism to ensure that all work is completed per statement of work.

Inspects customer accounts to verify quality of work and compliance with site specific procedures and customer' s statement of work,
EDUCATION Ohio State University. - AS in Business Managrnrnt Any' 15 3? C.:a n--r: 1036
Acquired proficiency in communication. entrepreneurship, finances. and data sciences and operations.

Page 411 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 3 ElsaJones ISSN SmartbtrdAwntura. FE33160 460$ UZ onoormestcom EXPERIENCF.

EDUCATION
joncoWest LLC, Corona, CA— Human
Resources Recruiter A. • Columbus State, Industrial relations S'° tam+ athdtt Itri+ itl SSQ E. Street, tunbusOH 4321S n t,* t p . terc.; tCK'
1r 3 nslt, t:rf^try t. ra„ Enr ssAtnu, ux7,:4*,
S+ = ti F t":fit rcloc tieni7 ti,Ipbr;ecwlutes
c 1 ntE' tT _: N th. tint. s. ternpen vat us. l'Crrelit,:

SKILLS
rr1tterk n, tersd tis*- tcccnlQ++' tm l'mplcvice En: 01e. Itela: sttn t rrtietstli. t8 nn- l't+?re nt. 7•.: 4{ t,t+(ttsti7 zCng Ir.tm.ng tichofitling terfonnzr.o, M.,* ImYn: anjetnf*. s.! m I I KM spechslist r-.+;;star ssa Coachin3
l . d'a a fir: Opte rt KititnasanJ einumunieattousi: ieFA tttirristrative ta. k Pro cttw`ity.
t= ernrr: st:jnt .-hi.* etestalunntur,, rofrs,
ndviitn,^Levels
Pbuff Industries, Los angeles,CA—
Human Resources
1" A
Implemented effective ttR policies to ensure all
Practices are in en n$ L n u with Later and
empiosIItent regstlation%
Perform t«cereal ttdmtnigratite casks, Document
C rcat ten, and answrnng phone
Fat tictateetnpk rrperformance anti trove,,+°
quanerfv and annually
Walt with difficult staffing dun* including
undo— vatting, ttnttg, deurpintary proceduresarr1

Page 412 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 JzJ. irk Martine7 130S1 Retsina Awe. Unit f27 Chino. CA. 91710 ( 9091242. 2621 Irismartiner197E. imegmail. com
Ability to train and supervise Janitorial. Sanitation and Facikties techrtioans Engages In Facility strategios and partners up with a* forty stakeholders to ensure execution is accomplished High Ted CapaatyF. Good Time Management and organizational skits. Leadership and Problem soivi ng skids. Strong analytical skills. Safety minded and able so mutt-task Proactive instead of reactive Strong communication stue and Btnguat in Spanish l) rriclice
Ayrt2019- PRESENT
Rummest. Walmart Fulfillment Center- t?Jkrtriious tferu{,rr Scheduling ant/ oversecang all man:enance-related work by managing a learn of maintenance technicians and janitors
Oversee and direct maintenance
Marhtan and coordinate scheduled and unscheduled staff.

March 2010- Pore 2029
jack in.the Box Inc Chino Caiiforrina- Sfiij?. 5urper riser Lead the team members in achieving the shift targets according to franchise standards r e safety. food Quality. sarntafwn. cleanliness. and customer serwcel Performed admrnstratwe duties in the areas of cost control, cash handling and the completion of a required report for your shift
Perform administrative duties in the areas of cost control. cash handling and the oo+nptetan of a required report for your shift,
October 2000- Norember ZOOS
Mkgonaid' s Inc. Southern California- foistedt ifedeg r Oversees the people. processes, and operations for store location Establishes and reviews un t. specdc performance targets in guest service Trains coaches, and supports managers through planning, goal salting and utilizing waoess rouores.

May 2006- key 2000
Chian Canew. 51197 College Pad/: b roue Claim CA91711-. Ltu/rirtesn(. Irk( LI) Concentration on English and Psy hotogy

Page 413 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 r Cloys Jones
Cloys Jones
13156BaderSwings Drive
Rancho Cucamonga. CA 91730
Skills Excellent verbal and wntton communicator slues. Ability to speak effectively before groups or customers or empkriees of organizations.

Afihty to read and Interpret documents such as; safety rules. operating and maintenance instructions and procedure manuals. Abikly to write routine reports and corespondents. Intennediaae Microsoft Surto computer skills required.( Word: Excel. PowerPoint. Preyed. etc.) Experience Joncowest/ Facilittgs Manager
May 2018- PRESENT. Chino. Califarnla
Selects and assigns stag, Maintains records, prepares reports. and composes correspondence relative to the work Evaluates and verifies employee perlbrrnance. Train and supervise Janitorial. Sanitation and Facilities technicians.

Jonce Chemical Campeau/ Floor Manager
April 2010• Tore 2018. Cokenbus. Ohio
Safely and efficiently operated equipment through proactive preventive maintenance. Monitor the maintenance and upkeep of all mechanical equipment. Ublizes various equipment for suubdng. buffing and waxing floors. Performed minor repairs as may be required.

OAtlas Commercial/ Janitorial Manager
May 2000. October 2010.Columbus Ohio
Working Supervisor, Sweeps. vacuums, mops. scrubs. waxes and polishes floors using industrial vacuum cleaners and scrubbing and buffing machines.

Education
Columbus State Community College/ Business Management
Cert.

March 2008- December 2008. Columtxis. Ohio
organizational management
Organizational Behavior
Marketing
Accounts
Human Resource Management

Page 414 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 11p BRANDI. ONES
7li)4o6-1013 BrandUtj gmaitcont
130 Valley St Pasadena, CA 9000E
Experience:

WALMART DISTRIBUTION( SUPERVISOR)— 11120- 03120 LOS ANGELES To get severed M performance management of associates( e.t adalees1 atevol. lateness, returns to work. met
To salve and manage aafcnrr issues es they ads* and refer to the weir manageress team when necessary
To Assist in the development and retention of an effective lean To ensw goal housekeeping is maintained awugtwu at areas in the store. and to conenunrcate non the minor management loam in case an incident happens
To conntmrrcade watt Me ma ageareent tram on a defy bears with information regarding peraa+net product and procedure*
STAPLES( SHIFT SUPERVISOR)— 04/ 17 - 03/20 LOS ANGELES, CA Creates a work environment that promotes saanv* vvk• recognition. mutual respect and ampioyea satisfaction
Moines Pit Manager andtor Shutt Manager ervrodiaiey of any unusual activity of high inlet play Corded* and dress tames an progress by mowing and proving assistance and dealer correction Provides and monitors on,Me job tralemp for Madera to ensure staff receives adequate guidance. resources., and information for adequate lob performance Provide recognition anti improvement cosectti g' s for Team Members in aemrdanoewith company policy Provide lop level Customer service by answering questions, resolving deputes and Ming requests TUESDAY MORNING( SUPERVISOR)--- 07/ 14- 02/ 17 DALLAS, TX Acts as store manager in the absence of the Manager and Astdstark Manager Develop and retain talented employees, by recognising and rewording performance though montNy developrnmkt piano and areour performance_ reviews
Perform good customer service by assisting customers in person or on the phone. Provide information to customers on current nt product features and semen
Asset Store and Assistant Managers ri managing at peraorinet, product and merchandising baedooeea.

Marietta proazsses and done results
Attends rreWcenter management meetsgs in the absence of the General Manor' i associate Manager Assam* with daily management reaponsibables of the store Assist in recruiting. waiving and dovetailing Saks Asaodahas Education — University ofAustin 2012. 2016- Bachelor of Science Skills
tE Koc' nrrd ets. aly le moeaor and manage be wstwerst sweat esten• na• an der sass soar Steno wrest conimm st of al• Mwet d• rneretleed teadendvo ahoy. main, deserve and envx$. medbam Wark•+p tnoM• dge at basic dewing~ waft and try-.,---.-..

Abby to coact, and= Wate a team M aarared sit and pate rands Dabsmimed and Nd y orpea ed
Emsentabf6yM IMMIX anti manage wormer immoral Immosdaur Tea bark eandsonas We representative and Mama it s1mfar lab* in urearatie organ rat ens P roaaenr man erica mist*, indud. mV Wasdowp ate M ioosc* Mica

Page 415 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

JANITORIAL SERVICES AGREEMENT
Joncowest LLC.

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

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

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

AGREEMENT

1. SERVICES OF CONTRACTOR

Page 416 of 546 ends

DocuSign Envelope ID: 07F6A61 A-463C- 43B2- 9383- F89DD55F3153

1. 3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor' s performance of the Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.

1. 4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor ( a) has thoroughly investigated and considered the Project Services to be performed, b) has carefully considered how the Project Services should be performed, and ( c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.

Page 417 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

2. COMPENSATION

2. 1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed five thousand two hundred and sixty- two Dollars ($ 5, 262. 00) per month. The maximum amount of City' s payment obligation under this Agreement is the amount specified in this section.

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

2. 3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/ she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: ( a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/ or, ( b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor' s profession.

3. SCHEDULE OF PERFORMANCE

3. 1 Time of Essence. Time is of the essence in the performance of this Agreement.

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

Page 418 of 546 ends

DocuSign Envelope ID: 07F6A61 A-463C- 43B2- 9383- F89DD55F3153

3. 4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of one ( 1) year, ending on February 28, 2023. Upon mutual written agreement of the Parties, the Agreement may be extended for up to two additional one ( 1) year terms through February 28, 2025.

4. COORDINATION OF PROJECT SERVICES

4. 2 City' s Contract Officer. The City' s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Contractor' s responsibility to ensure that the Contract Officer is kept fully informed ofthe progress ofthe performance ofthe Project Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf ofthe City required hereunder to carry out the terms of this Agreement.

4. 3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not 4 1367754. 1

Page 419 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 contract with any other entity to perform the Project Services without prior written consent of City.

4. 4 Independent Contractor.

4. 4. 2 Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

Page 420 of 546 ends

4.5 PERS Eligibility Indemnification.

4. 5. 1 In the event that Contractor or any officer, employee, representative, agent, subconsultant or subcontractor of Contractor providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System( PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City against ( 1) all such claims and determinations, ( 2) for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subconsultants or subcontractors, and( 3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

5. INSURANCE

Page 421 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 1, 000, 000. 00) per occurrence and Two Million Dollars($ 2, 000. 000. 00) in the general aggregate.

5. 2. 3 Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers' compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer' s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($ 1, 000,000.00) per accident for bodily injury or disease. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker' s Compensation Insurance or Employer' s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.

5. 4 Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
7 1367754. 1

Page 422 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

5. 4. 1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

5. 4. 1. 2 Primary and Non- Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.

5.4. 1. 3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5. 4. 2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty( 30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor' s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten ( 10) calendar days prior written notice. ( A statement that notice will be provided " in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)

5. 5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City' s sole and absolute discretion.

5. 6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each ofthe insurance policies required by this section. Contractor shall promptly furnish, at City' s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage. 8 1367754. 1

Page 423 of 546 ends

DocuSign Envelope ID: 07F6A61 A- 463C- 43B2- 9383- F89DD55F3153

5. 6. 1 Required insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for written approval.

5. 6. 2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.

5. 8 Enforcement of Agreement ( Non- Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5. 10. 1 Contractor shall provide immediate written notice to City if( 1) any of the insurance policies required herein are terminated, cancelled or suspended, ( 2) the limits of any of 9 1367754. 1

Page 424 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 the insurance coverages required herein are reduced, or( 3) the deductible or self-insured retention is increased.

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

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend ( at Contractor' s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death,( collectively" Claims") in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and 10 1367754. 1

Page 425 of 546 ends

DocuSign Envelope ID: 07F6A61 A-463C-43B2- 9383-F89DD55F3153 attorneys' fees and other related costs and expenses.

Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to claims that arise out of,pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

7. REPORTS AND RECORDS

7. 2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.

7. 4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance ofProject Services shall not be released publicly without the prior written approval ofthe Contract Officer. 11 1367754. 1

Page 426 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

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 ofthe State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8. 5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty ( 30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.

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

8. 6 Termination for Default of Contractor.

8. 6. 1 Contractor' s failure to comply with any provision of this Agreement shall constitute a default.

Page 427 of 546 ends

8. 6. 3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor' s liability for completion of the Project Services as provided herein.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9. 1 Non- liability of City Officers and Employees. No officer or employee ofthe City shall be personally liable to the Contractor, or any successor- in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation ofthe terms ofthis Agreement.

Page 428 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153

10. MISCELLANEOUS PROVISIONS

10. 1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation ofthe Party receiving the notice, or sent by pre- paid, first- class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two ( 2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE— JONCOWEST LLC.

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

Los Alamitos, CA 90720
csimmons@cityoflosalamitos. org
With copy to:

10. 2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications ofthis Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10. 4 Successors in Interest. This Agreement shall be binding upon and inure to the 14 1367754. 1

Page 429 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 benefit of the Parties' successors and assignees.

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

10. 8 Corporate Authority. Each of the undersigned represents and warrants that( i) the Party for which he/ she is executing this Agreement is duly authorized and existing, ( ii) he/ she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/ she is signing, ( iii) by so executing this Agreement, the Party for which he/ she is signing is formally bound to the provisions of this Agreement, and ( iv) the entering into this Agreement does not violate any provision of any other agreement to which the Party for which he/ she is signing is bound.

SIGNATURES ON NEXT PAGE]
15 1367754. 1

Page 430 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383-F89DD55F3153 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

City"
City of Los Alamitos
DoccuSig_ned by: /,,
By:

Q
yu "
7 AF5fiF440C7A14GD...
3/ 29/ 2022 Shelley Hasselbrink
Mayor
APPROVED AS TO FORM. ATTEST:

Woodruff, Spradlin & Smart, APC
DocuSigned by:
1'
r—DocuSigned by:

By: JD94199E Br84E1...
3/ 28/ 2022 Jahey a Jones
Chief Operations Officer( COO)
ji.patrick@joncowest. com
16 1367754. 1

Page 431 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Exhibit A
Scope of Services and Standard of Performance
17 1367754. 1

Page 432 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Response to Request for Proposals:

RFP 2021- 11 Janitorial Services for City Facilities
Los Alamitos
CatitoWitu
Submitted By:

Joncowest LLC
268 N Lincoln Ave
Suite 8
Corona, CA 92882
Contact Person:

January 4, 2022

Page 433 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 January 4, 2022
4411166.

Attn: Ron Noda
Development Services Director
City of Los Alamitos U"7JET
3191 Katella Avenue
Los Alamitos, CA 90720
RE: Janitorial Services for City Facilities
Dear Mr. Noda:

On behalf of Joncowest LLC ( Joncowest), I am pleased to submit this Proposal to the City of Los Alamitos.

Best regards,
Pattie Patrick, Manager
2

Page 434 of 546 ends

DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Ifigge
City of Los Alamitos
Janitorial Services for City Facilities

Page 435 of 546 ends

Page 436 of 546 ends

During the Phase- In stage we will develop schedules and protocols for the assigned team members
Preparation/ Start-up and planning will involve:

Page 437 of 546 ends

Los Alamitos City CouncilNovember 14, 2022

Los Alamitos City Council
November 14, 2022