Los Alamitos City Council
November 14, 2022

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

CITY COUNCIL AGENDA

ADJOURNED REGULAR MEETING
Monday, November 14, 2022 – 5:30 PM
SAFETY ALERT – NOTICE REGARDING COVID-19
If you wish to attend the City Council meeting in person, the Council Chamber located at 3191 Katella Ave., Los Alamitos, California 90720, will have seating for this meeting and the public shall have the right to observe and offer public comment at this location. The City of Los Alamitos continues to follow the Centers for Disease Control and Prevention (CDC) guidelines and these provisions are subject change with short notice.

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

Please consider carefully before attending this meeting in person and do not attend this meeting in person if you have had direct contact with someone who has tested positive for Coronavirus (COVID19), or you are experiencing symptoms such as coughing, sneezing, fever, difficulty breathing or other flu-like symptoms.

NOTICE TO THE PUBLIC – This Agenda contains a brief general description of each item to be considered. Except as provided by law, action or discussion shall not be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk’s Office or on the City’s website at www.cityoflosalamitos.org once the agenda has been publicly posted.

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

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

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

1. CALL TO ORDER

2. ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby

Council Member Chirco
Council Member Murphy
Council Member Nefulda

3. CLOSED SESSION
A. Public Employee Performance Evaluation
Title: City Manager
Authority: Government Code Section 54957
B. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)

4. PLEDGE OF ALLEGIANCE
Council Member Nefulda will lead the Pledge of Allegiance.

5. INVOCATION
Council Member Chirco will give the Invocation.

6. PRESENTATIONS
A. Presentation of a Proclamation to Blaire Pietrini of Pietrini Pizza Napoletana in Recognition of Small Business Saturday

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

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

9. ITEMS FROM THE CITY MANAGER

10. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic fund transfers for the period October 4, 2022 to October 31, 2022.

Recommendation:

Ratify the Warrants for the period from October 4, 2022 to October 31, 2022 in the amount of $2,318,840.80.

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

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

A. Approval of Minutes (Administration)
Approve the City Council Minutes for the Regular meeting of October 17, 2022 and the Special meeting of October 24, 2022.

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

Recommendation:

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

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

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

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

C. Treasurer's Quarterly Investment Report - September 2022 (Finance) The item for City Council consideration is receipt of the Treasurer’s Quarterly Investment Report.

Recommendation:

Receive and file the Treasurer’s Quarterly Investment Report – September 2022.

D. Addition of Authorized Officers and Employees of the City to Examine Confidential Sales or Transactions and Use Taxes (Finance) The original agreement with California Department of Tax and Fee Administration

(CDTFA) was entered into in 1989 for the Bradley-Burns Tax. An additional agreement with CDTFA, Ordinance 2020-06, for Transactions and Use Tax, was completed on July 27, 2020. The new agreement will supersede all previous agreements entered into with CDTFA and will incorporate both sales or transactions and use tax records. The item proposes to add authorized officers and employees of the City to examine Confidential Sales or Transactions and Use Taxes collected by CDTFA Pursuant to existing contracts.

Recommendation:

Adopt Resolution No. 2022-32, entitled “A RESOLUTION OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS"
E. Personnel Changes Related to Aquatics Programming (Recreation) This report outlines personnel changes for the Recreation and Community Services Department for an expansion to aquatic programming.

Recommendation:

Adopt Resolution No.2022-30, entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING JOB
DESCRIPTIONS FOR LIFEGUARD, WATER SAFETY INSTRUCTOR I, AND SR.

LIFEGUARD/WATER SAFETY INSTRUCTOR II”.

F. Approval of the Request for Proposals (RFP) 2022-04 and Authorization to Bid for Building and Safety Services (Development Services) This item facilitates the solicitation of bids for contractual services to provide Building & Safety services, including building division administration, permit issuance, plan check, inspection, enforcement of building codes, and public counter services.

Recommendation:

1. Approve the Request for Proposals (RFP) 2022-04 for Building & Safety services, and;

2. Authorize staff to advertise and solicit bid proposals.

G. Approval of the Request for Proposals (RFP) 2022-05 and Authorization to Bid for City Engineering and Traffic Engineering Services (Development Services)
This report facilitates the solicitation of bids for contractual services to provide City Engineering and Traffic Engineering services.

Recommendation:

1. Approve the Request for Proposals (RFP) 2022-05 for City Engineering and Traffic Engineering services, and;

2. Authorize staff to advertise and solicit bid proposals.

H. Approval of the Request for Proposals (RFP) 2022-03 for the Installation/Upgrade of the City’s Access Control System (Development Services)
This item facilitates the solicitation of bids to provide services for the installation and/or upgrade of an existing access control system for specified City facilities.

Recommendation:

1. Approve the Request for Proposals (RFP) 2022-03 for the installation/upgrade of the City’s Access Control System, and;

2. Authorize staff to advertise and solicit bid proposals.

I. Award of Professional Services Agreement (PSA) with Hirsch & Associates, Inc. for Sterns Park Improvement Project for Project Management Services (Development Services)
On October 20, 2022, staff received and reviewed bids to the City’s Request for Proposals (RFP) 2022-02 Sterns Park Improvement for Project Management Services. This item is to award the bid for Hirsch & Associates, Inc. in the amount not to exceed $304,031.72.

Recommendation:

1. Award the bid for RFP 2022-02; and,

2. Authorize the Mayor to execute the Professional Services Agreement with Hirsch & Associates, Inc., for Project Management Services with a maximum contract amount of $304,031.72 for a period of fourteen (14) months, ending on December 31, 2023.

J. Amendment No. 2 to Professional Services Agreement (PSA) with North Star Land Care for Annual Park and Landscape Maintenance Services (Development Services)
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.

K. Amendment No. 2 to Professional Services Agreement (PSA) with Joncowest LLC for Janitorial Services (Development Services)
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.

12. PUBLIC HEARING
A. 2022 Building Standards Code and Fire Code Adoption (Development Services)
The State’s Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. Every three years the State of California adopts model building codes. The 2022 California Building Standards Code will take effect on January 1, 2023. The City is charged with adopting local amendments necessary for local conditions before the end of the year in order for the amendments to be effective. The attached Ordinances implement the adoption.

Recommendation:

1. Open the Public Hearing and take testimony: and,

2. Adopt Ordinance No. 2022-05, entitled, "AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS,CALIFORNIA, AMENDING CHAPTER 15.04 OF TITLE 15 OF THE LOSALAMITOS MUNICIPAL CODE AND ADOPTING THE 2022 EDITION OF THECALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OFREGULATIONS, TITLE 24) CONSISTING OF:

THE 2022 CALIFORNIAADMINISTRATIVE CODE; THE 2022 CALIFORNIA BUILDING CODE,INCLUDING APPENDIX J; THE 2022 CALIFORNIA RESIDENTIAL CODE,INCLUDING APPENDICES AX; THE 2022 CALIFORNIA ELECTRICALCODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE;THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE
2022CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREENBUILDING STANDARDS CODE; AND THE 2022

CALIFORNIAREFERENCED STANDARDS CODE, TOGETHER WITH
CERTAINAMENDMENTS, ADDITIONS, AND DELETIONS; AND ADOPTING THE 2021INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE
2021INTERNATIONAL SWIMMING POOL AND SPA CODE, TOGETHER
WITHCERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS"; and,

3. Adopt Ordinance No. 2022-06, entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING CHAPTER 15.08 OF THE TITLE 15 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADOPTING THE 2022 EDITION OF THE CALIFORNIA CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9), INCLUDING APPENDICES B, BB,

C, AND CC, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS".

13. DISCUSSION ITEM
A. Resolution 2022-31 - Minimum Wage Increase (Finance) This report addresses the state-wide minimum wage increase that becomes effective January 1, 2023.

Recommendation:

Adopt Resolution No. 2022-31, entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING AND RESTATING THE HOURLY RATE SCHEDULE EFFECTIVE JANUARY 1, 2023 AND
REPEALING EXHIBIT B FROM RESOLUTION NO. 2021-27".

B. PERS Unfunded Actuarial Liability (UAL) (Finance)
Since the adoption of the City’s Fiscal Sustainability Plan, the Budget Standing Committee and the Los Alamitos City Council have been exploring different methods of maximizing investment opportunities that result in net savings to the City’s residents. This item provides Council the opportunity to discuss the City's PERS Unfunded Actuarial Liability (UAL), Consideration of Possible early Funding Options, and Draft Unfunded Liability Pay-Down Policy.

Recommendation:

1. Review and discuss the information in connection with the PERS Unfunded Actuarial Liability (UAL), consideration of early funding options, and draft funding policy; and,

2. Adopt Resolution No. 2022-33, entitled, "A RESOLUTION OF THE CITY

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

PERS UNFUNDED ACCRUED LIABILITY PAY-DOWN FUNDING POLICY DATED NOVEMBER 2022"; and/or,

3. Provide direction to Staff.

C. Date Change for the July Fireworks Spectacular (Recreation) This report provides a general overview of adjusting the annual 4th of July Fireworks Spectacular event to be held July 3 moving forward.

Recommendation:

Direct Staff to change the event date for the Fireworks Spectacular to July 3, beginning in 2023.

14. ORDINANCE
A. Ordinance No. 2022-07 - Regulation and Sale of Fireworks (Administration) This report provides the Council with an opportunity to discuss the potential use of safe and sane fireworks on the 4th of July, as well as their potential regulation and sale.

Recommendation:

1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2022-07, and set for adoption; and,

2. City Attorney Daudt read the title of Ordinance No. 2022-07, entitled “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER 5.60 (FIREWORKS) TO TITLE 5 OF THE LOS

ALAMITOS MUNICIPAL CODE RELATING TO THE REGULATION AND SALE OF FIREWORKS”.

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

Windmera Quintanar, MMC, City Clerk
Dated: November 9, 2022

Retirees Medical Reimbursement
Date: November 01, 2022 Number of Transactions: 16 Total Batch: $9,026.78

Payroll 10/14/22

GROSS REGULAR OVERTIME LEAVE OTHER DEDUCTIONS TAXES NET $738.56 $738.56 $0.00 $0.00 $0.00 $49.84 $10.72 $678.00 $20,147.96 $16,301.56 $0.00 $540.60 $3,305.80 $2,543.42 $3,649.60 $13,954.94 $18,020.45 $11,710.07 $810.56 $4,909.82 $590.00 $1,369.22 $3,372.81 $13,278.42 $27,691.44 $26,364.35 $0.00 $353.25 $973.84 $2,987.48 $6,123.75 $18,580.21 $96,173.00 $59,554.61 $20,918.75 $6,128.59 $9,571.05 $13,587.89 $18,040.92 $64,544.19 $15,300.84 $11,969.47 $1,722.05 $501.90 $1,107.42 $3,530.10 $1,945.34 $9,825.40 $9,256.93 $6,440.57 $257.13 $27.21 $2,532.02 $577.53 $1,315.47 $7,363.93 $1,982.81 $0.00 $0.00 $0.00 $1,982.81 $84.36 $49.11 $1,849.34 $20,768.90 $16,933.50 $0.00 $1,787.52 $2,047.88 $2,148.02 $3,957.88 $14,663.00 $3,267.60 $3,237.60 $0.00 $0.00 $30.00 $504.94 $623.12 $2,139.54 $5,369.06 $2,276.00 $0.00 $306.10 $2,786.96 $270.55 $640.19 $4,458.32 $12,689.80 $10,275.00 $0.00 $829.80 $1,585.00 $1,928.73 $1,486.22 $9,274.85 $4,170.07 $2,526.40 $0.00 $0.00 $1,643.67 $560.68 $277.11 $3,332.28 $2,093.80 $2,068.80 $0.00 $0.00 $25.00 $140.57 $35.48 $1,917.75 $2,835.60 $2,805.60 $0.00 $0.00 $30.00 $190.31 $144.19 $2,501.10 $23,547.61 $20,500.57 $0.00 $1,237.04 $1,810.00 $3,818.63 $3,271.14 $16,457.84 $20,341.31 $1,996.80 $0.00 $438.15 $17,906.36 $872.40 $1,456.17 $18,012.74 TOTALS $284,395.74 $195,699.46 $23,708.49 $17,059.98 $47,927.81 $35,164.67 $46,399.22 $202,831.85 10-551 Recreation Administration
10-531 Development Services- Administration
10-532 Development Services- Planning
10-556 Recreation- Sports
REGULAR INPUT: 107 MANUAL INPUT: 0 CHECK STUB COUNT: 4 DIRECT DEPOSIT STUB COUNT: 104 10-521 Police Administration
10-522 Police- Patrol
10-523 Police- Investigation
10-524 Police- Records
10-528 Police- Traffic
10-533 Development Services- Neighborhood
10-542 Development Services- Street Maintenance
10-543 Development Services- Park Maintenance
10-544 Development Services- Facility Maintenance
10-545 Economic Development
-----------------------------------------------------------DEPARTMENT RECAP-- ------------------------------------------------------- DEPT NO#
10-510 City Council
10-511 City Manager/ City Clerk
10-512 Finance

Employee Employer
Fed Taxes Employee/ Employer (MediCare) $38,832.52 $34,905.73 $3,926.79 State Taxes Employee $11,493.49
ICMA Employee $3,797.12
LosAl Police Reserves Employee $10.00
PD Association Employee $1,327.61
LosAl Employees Assoc Employee $280.00
Nationwide - Full Time Employee $1,115.00
Nationwide - PT Employee/ Employer $2,591.72 $ 1,295.86 $ 1,295.86 PERS Deferred Comp Employee $1,455.98
PERS Employee/ Employer $48,965.94 $18,813.46 $30,152.48 AFLAC Employee $0.00
PERS Medical Employee/ Employer
Delta Dental PPO Employer
Delta Dental HMO Employer
VSP Vision Employer
Standard Self Admin Employee/ Employer
Standard Life Optional Employee
TOTALS $109,869.38 $55,015.05 $35,375.13

ABBV EMPLOYEE EMPLOYER DESC TAXABLE EMPLOYEE EMPLOYER
I-125 $ 846.70 FED W/H $ 251,531.50 $ 30,891.13
I-129 $ 201.51 ST WH CA $ 251,531.50 $ 11,493.49
AFLPT $ 45.91 MEDI $ 270,810.18 $ 4,014.60 $ 3,926.79

0.00 00CMP CLOAN $ 81.35
DCI DCICM $ 3,117.60
DCN DCNW $ 1,115.00
DCPRS $ 1,375.76
DCM DCICM $ 350.00

0.00 DPPO1 $ 286.55
DD2 DPPO2 $ 178.12

0.00 DD3 DPPO3 $ 601.11
DD4 DDMO1 $ 16.22
DD5 DDMO2 $ 58.48
DD6 DDMO3 $ 151.41
DI% DCI% $ 81.07
DIS DISAF $ 15.74
DLI DCLIC $ 148.45
DLP DCLPE $ 80.22
LAR LARAD $ 10.00
DCIR $ 100.00

0.00 LEA LAEAD $ 280.00
LIF LIFE $ 154.69
1XPO 0.00 LTD A LTD $ 102.37
00 MED MDINS $ 5,092.85 $ 23,022.24

66.00 PBB PRSBB $ 481.97

30.00 PC2 PRC2R $ 13.79

44.00 PN1 PEPME $ 3,474.61

27.58 PN2 PEPMR $ 3,831.46
131.25 25PN3 PEPSE $ 6,384.81
108.17 PN4 PEPSR $ 6,276.77
RTBS 0.00 00POS POAS $ 1,327.61

0.00 0.00 PR0 PRM8 $ 1,930.42

0.00 PR2 PRSMR $ 8,775.20

0.00 0.00 PR4 PRSSR $ 11,297.21

0.00 PR5 PRSB4 $ 1,449.51

0.00 PR6 PRSAF $ 2,159.21
PR7 PRMB4 $ 1,077.16
PR8 PRMAF $ 1,996.08
EMSL PR9 PRSCC $ 672.34
RTP RT-PT $ 1,295.86 $ 1,295.86
SUR SURVI $ 52.08
VS1 VISI1 $ 85.12
VS2 VISI2
VS3 VISI3
$ 35,164.67 $ 56,225.75 $ 46,399.22 $ 3,926.79
Payroll 10/12/2022

BENEFITS & WITHHOLDINGS

DEDUCTION GRAND TOTALS

----------EARNINGS----------- -----------DEDUCTIONS----------- -------------------TAXES----------------

DESC HRS AMOUNT CD
REG 4,541.22 $ 195,699.46 125
PTRG 1,626.25 $ 30,446.60 129
PHEO 41.50 $ 1,452.50 AFP
HOL
OT 18.75 $ 810.56
OTS 259.82 $ 21,748.54
PTOT 34.83 $ 1,149.39 DCP
STBY 0.00
MOT $ 252.48 DD1
CAR 0.00 $ 1,100.00
CELL $ 940.00
CERT 0.00
PPHC 0.00 $ 412.84
MEDR 0.00 $ 7,000.00
SPAS 0.00 $ 1,499.20
SPSK 0.00 $ 124.72
OCWD 0.00 $ 250.00
OCWE 0.00 $ 160.00
UNIF 0.00 $ 125.00
UNI2 0.00 $ 125.00
FTO $ 467.25
RTRO 0.00 $ 52.40
ADML 45.75 $ 2,319.18
COMP
EAU $ 3,427.38
EAA
COMA
FLHO $ 1,359.71
SICK $ 4,762.86
VAC $ 5,190.85
POST2 $ 191.28
POST4 $ 110.00
POST6 $ 450.00
POST7 $ 2,214.32
POST8 $ 349.22
$ 55.00
BILI $ 150.00
POVA
BERV
HOT 0.00
Totals 6,975.12 $ 284,395.74

Payroll 10/28/22

GROSS REGULAR OVERTIME LEAVE OTHER DEDUCTIONS TAXES NET $738.56 $738.56 $0.00 $0.00 $0.00 $49.84 $10.72 $678.00 $20,048.26 $14,243.62 $0.00 $0.00 $3,206.10 $2,546.62 $3,585.70 $13,915.94 $9,592.25 $6,552.62 $32.42 $2,598.54 $150.00 $592.32 $752.20 $8,247.73 $26,776.74 $25,952.90 $0.00 $2,857.21 $823.84 $2,987.48 $5,819.78 $17,969.48 $89,742.16 $60,424.22 $18,373.25 $0.00 $8,799.23 $12,969.92 $16,369.35 $60,402.89 $20,074.07 $12,351.40 $5,978.42 $2,145.46 $1,266.05 $3,589.32 $3,450.37 $13,034.38 $9,643.11 $6,639.20 $514.26 $478.20 $2,294.52 $589.31 $1,420.17 $7,633.63 $2,493.77 $0.00 $0.00 $195.13 $2,205.77 $113.52 $56.97 $2,323.28 $20,649.05 $18,253.43 $0.00 $288.00 $2,047.45 $2,146.90 $3,926.03 $14,576.12 $3,359.01 $2,832.90 $121.41 $348.17 $0.00 $504.94 $653.91 $2,200.16 $5,569.13 $2,276.00 $213.38 $404.70 $3,079.75 $270.06 $710.59 $4,588.48 $15,197.11 $10,947.16 $829.31 $0.00 $2,545.40 $2,029.82 $1,232.51 $11,934.78 $4,333.61 $3,462.16 $0.00 $875.24 $717.00 $566.81 $302.13 $3,464.67 $2,093.80 $2,068.80 $0.00 $154.45 $25.00 $140.57 $35.48 $1,917.75 $23,287.60 $21,503.88 $0.00 $233.72 $1,550.00 $3,817.43 $3,207.40 $16,262.77 $26,144.96 $1,996.80 $0.00 $39.26 $24,108.90 $1,091.17 $2,139.30 $22,914.49 TOTALS $279,743.19 $190,243.65 $26,062.45 $10,618.08 $52,819.01 $34,006.03 $43,672.61 $202,064.55 -----------------------------------------------------------DEPARTMENT RECAP-- ------------------------------------------------------- DEPT NO#
10-510 City Council
10-511 City Manager/ City Clerk
10-512 Finance
10-533 Development Services- Neighborhood
10-542 Development Services- Street Maintenance
10-543 Development Services- Park Maintenance
10-521 Police Administration
10-522 Police- Patrol
10-523 Police- Investigation
10-524 Police- Records
10-528 Police- Traffic
10-531 Development Services- Administration
10-532 Development Services- Planning
10-544 Development Services- Facility Maintenance
10-556 Recreation- Sports
REGULAR INPUT: 104 MANUAL INPUT: 0 CHECK STUB COUNT: 4 DIRECT DEPOSIT STUB COUNT: 101 10-551 Recreation Administration

Employee Employer
Fed Taxes Employee/ Employer (MediCare) $36,853.86 $32,981.77 $3,872.09 State Taxes Employee $10,690.84
ICMA Employee $3,795.92
LosAl Police Reserves Employee $20.00
PD Association Employee $1,267.61
LosAl Employees Assoc Employee $280.00
Nationwide - Full Time Employee $1,115.00
Nationwide - PT Employee/ Employer $3,092.54 $ 1,546.27 $ 1,546.27 PERS Deferred Comp Employee $1,355.98
PERS Employee/ Employer $46,591.84 $18,291.43 $28,300.41 AFLAC Employee $123.20
PERS Medical Employee/ Employer $69,826.78
Delta Dental PPO Employer $4,078.27
Delta Dental HMO Employer $392.70
VSP Vision Employer $971.87
Standard Self Admin Employee/ Employer $1,834.17
Standard Life Optional Employee $354.65
TOTALS $182,645.23 $52,819.47 $33,718.77

ABBV EMPLOYEE EMPLOYER DESC TAXABLE EMPLOYEE EMPLOYER
I-125 $ 846.70 FED W/H $ 247,987.59 $ 29,022.99
I-129 $ 201.51 ST WH CA $ 247,987.59 $ 10,690.84
AFLPT $ 45.91 MEDI $ 267,039.83 $ 3,958.78 $ 3,872.09

0.00 00CMP CLOAN $ 81.35
DCI DCICM $ 3,117.60
DCN DCNW $ 1,115.00
DCPRS $ 1,275.76
DCM DCICM $ 350.00

0.00 DPPO1 $ 286.55
DD2 DPPO2 $ 178.12

0.00 DD3 DPPO3 $ 601.11
DD4 DDMO1 $ 8.11
DD5 DDMO2 $ 58.48
DD6 DDMO3 $ 151.41
DI% DCI% $ 79.87
DIS DISAF $ 15.74
DLI DCLIC $ 148.45
DLP DCLPE $ 80.22
LAR LARAD $ 20.00
DCIR $ 100.00

0.00 LEA LAEAD $ 280.00
LIF LIFE $ 154.69
1XPO 0.00 LTD A LTD $ 102.37

2.00 00MED MDINS $ 5,092.85 $ 22,271.42

24.00 PBB PRSBB $ 481.97

60.00 PC2 PRC2R $ 13.79

81.75 PN1 PEPME $ 3,310.21
PN2 PEPMR $ 3,649.53

89.75 25PN3 PEPSE $ 5,948.58

26.33 PN4 PEPSR $ 5,847.92
EMSL 15.00 00POS POAS $ 1,267.61

0.00 0.00 PR0 PRM8 $ 1,930.42

0.00 PR2 PRSMR $ 7,561.90

0.00 0.00 PR4 PRSSR $ 11,395.90

56.42 PR5 PRSB4 $ 1,486.91

9.00 PR6 PRSAF $ 2,159.21

47.72 PR7 PRMB4 $ 1,077.16
PR8 PRMAF $ 1,304.25
PR9 PRSCC $ 672.34
RTP RT-PT $ 1,546.27 $ 1,546.27
SUR SURVI $ 49.29
VS1 VISI1 $ 79.80
VS2 VISI2
VS3 VISI3
$ 34,006.03 $ 53,986.52 $ 43,672.61 $ 3,872.09
Totals 7,188.62 $ 279,743.19
POVA $ 1,329.29
HOT
$ 288.00
POST2 $ 191.28
POST7 $ 2,214.32
POST6
POST4
POST8 $ 349.22

0.00 FLHO
SICK $ 2,939.64
POCO $ 1,626.02
POFL $ 259.38
FTO $ 391.41
VAC $ 1,982.98
ADML 9.00 $ 876.75
COMP $ 65.02
EAU $ 1,251.00
EAA
COMA
MEDR 0.00 $ 6,300.00
RTRO 0.00 $ 1,721.53
OCWD 0.00 $ 250.00
OCWE 0.00 $ 160.00
UNIF 0.00 $ 125.00
UNI2 0.00 $ 125.00
SPAS 0.00 $ 1,499.20
SPSK 0.00 $ 124.72
PPHC 0.00 $ 412.84
CELL
CERT 0.00
PTOT 35.66 $ 1,176.78 DCP
STBY 2.00 $ 187.08
MOT DD1
CAR 0.00 $ 1,100.00
OTS 277.65 $ 22,987.81
PHEO 55.17 $ 1,675.46
$ 36,179.03 129
OT 37.75 $ 1,710.78
AFP
HOL
REG 4,430.42 $ 190,243.65 125
PTRG 1,929.00
Payroll 10/28/2022

BENEFITS & WITHHOLDINGS

DEDUCTION GRAND TOTALS

----------EARNINGS----------- -----------DEDUCTIONS----------- -------------------TAXES----------------

DESC HRS AMOUNT CD

MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS REGULAR MEETING – Monday, October 17, 2022

1. CALL TO ORDER
The City Council met in Regular Session at 6:03 p.m., Monday, October 17, 2022, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Hasselbrink presiding.

2. ROLL CALL

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

Absent: Council Members: None

Present: Staff: Chet Simmons, City Manager
Wayne Byerly, Police Captain
Craig Covey, Orange County Fire A Battalion Chief
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Ron Noda, Development Services Director
Windmera Quintanar, MMC, City Clerk

3. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Doby led the Pledge of Allegiance.

4. INVOCATION
Mayor Hasselbrink will give the Invocation.

5. PRESENTATIONS
Mayor Hasselbrink and the City Council presented the Awards.

A. Presentation of Certificates to the Los Alamitos High School Girls Varsity Softball Team in Recognition of Achieving the 2022 CIFSouthern Section Division 1 Finalists B. Presentation of a Proclamation in Recognition of Code Enforcement Officer Appreciation Month to the Code Enforcement Staff

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

City Council Regular Minutes
October 17, 2022

Mayor Hasselbrink opened Oral Communications.

Nicole Miller, resident, spoke regarding electric bikes.

Mayor Hasselbrink closed Oral Communications.

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

Council Member Chirco spoke regarding attendance at the Los Alamitos Community Foundation Board meeting, Taste of Los Alamitos, Pacific Air Show, Los Alamitos Street Fair, Glow in the Dark Fun Run, and the Celebration of life for Council Member Ron Bates.

Council Member Nefulda reported attendance at the Celebration of life for Council Member Ron Bates, Los Alamitos Street Fair, and Pacific Air Show.

Mayor Pro Tem Doby reported attendance at the Orange County Mosquito and Vector Control District Board meeting, ribbon cutting for High School STEM building, League of California Cities Annual Conference, Police Officer pinning ceremony, Youth Center Gala, Chamber’s Hero’s Appreciation Lunch, State of the District, Glow in the Dark Fun Run, Coffee with a Copy, retirement celebration for Chief Rob Roberts, Celebration of life for Council Member Ron Bates, Pacific Air Show, Sunset Saturday, and the Elevate Women’s Conference.

Mayor Hasselbrink advised she had been out of the Country this month and reported attendance at the St. Hedwig Autumn Fest, Glow in the Dark Fun Run, Pacific Air Show, Taste of Los Al, State of the District, Celebration of life for Council Member Ron Bates, the Elevate Women’s Conference, and welcomed incoming Orange County Fire Authority Division Chief, Craig Covey.

8. ITEMS FROM THE CITY MANAGER
City Manager Simmons took a moment to recognize the City’s Code Enforcement Officers and thank them for a job well done.

9. WARRANTS
A. Warrants (Finance)
The Warrant Register contained checks and electronic funds transfers for the period from September 7, 2022 to October 3, 2022.

City Council Regular Minutes
October 17, 2022

Motion/Second: Doby/Hasselbrink
Unanimously Carried: The City Council ratified the Warrants for the period from September 7, 2022 to October 3, 2022 in the amount of $1,673,441.04.

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

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

Mayor Pro Tem Doby received clarification on item 10F.

Motion/Second: Chirco/Doby
Unanimously Carried: The City Council approved the following Consent Calendar Items:

A. Approval of Minutes (Administration)
Approve the City Council Minutes for the Regular meeting of September 19, 2022, and the Special meeting of September 26, 2022.

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

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

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

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

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

C. Notice of Completion for Arterial Overhead Street Name Sign Replacement Project (CIP No. 21/22-01) (Development Services) The Arterial Overhead Street Name Sign Replacement Project (CIP No. 21/22-01) was the installation of new arterial signs at traffic signals citywide

City Council Regular Minutes
October 17, 2022

to complete the City’s arterial signage effort. The previous Arterial Street Sign Replacement Project (CIP No. 19/20-04) in 2020 was the installation of signs along Los Alamitos Boulevard from Cerritos Avenue to Bradbury Road. This second phase completed the remainder of the City’s arterial signs.

The City Council:

1. Accepted as complete the construction by Yunex Traffic LLC for the Arterial Overhead Street Name Sign Replacement Project (CIP No. 21/22- 01); and,

2. Directed the City Clerk to record the Notice of Completion/Final Report with the County Recorder’s Office; and,

2. Authorize Staff to release the 5% retention to the contractor, in the amount of $1,557.00, thirty-five (35) days after recordation of the Notice of Completion.

D. Community Development Block Grant (CDBG) Fiscal Year 2023/2024 (Development Services)
This item recommends Council approval for the Fiscal Year 2023/2024 Community Development Block Grant (CDBG) project application to Orange County. A resolution of approval is required by the County of Orange as a part of the application for funds.

The City Council:

1. Adopted Resolution No. 2022-30 entitled “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA
APPROVING THE CITY’S PARTICIPATION IN THE FISCAL YEAR
2023/2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM WITH THE COUNTY OF ORANGE.”; and,

2. Authorized the City Manager to execute all CDBG program documents for Fiscal Year 2023/2024 and appropriate amendments, if any, as they become available.

E. Disposal of Surplus Equipment (City Fleet) (Development Services) This item sets forth a recommendation to dispose of surplus equipment (City Fleet).

The City Council declared the listed equipment as surplus and authorize its disposal in accordance with Los Alamitos Municipal Code, Section

2.60.020.

City Council Regular Minutes
October 17, 2022

F. Purchase of a Police Pursuit Rated Vehicle via the Sourcewell Competitive Purchasing Program from National Auto Fleet Group (Development Services)
This item seeks approval to purchase a police pursuit rated vehicle (Ford F-150 Responder) in the amount of $54,469.11 via the Sourcewell Competitive Purchasing Program from National Auto Fleet Group Contract No. 091521-NAF.

Mayor Pro Tem Doby questioned the need for a truck. Captain Byerly advised a multi-purpose vehicle would allow the Department to be more efficient.

The City Council approved the purchase of one (1) police pursuit vehicle (Ford F-150 Responder) from National Auto Fleet Group via Sourcewell Contract No. 091521-NAF in an amount not to exceed $54,469.11.

11. ORDINANCE
A. 2022 Building Standards Code and Fire Code Adoption
(Development Services)
The State’s Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. Every three years the State of California adopts model building codes. The 2022 California Building Standards Code will take effect on January 1, 2023. The City is charged with adopting local amendments necessary for local conditions before the end of the year in order for the amendments to be effective.

City Manager Simmons advised this was a required scheduled update and referred to the Staff Report.

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

1. Waived reading in full and authorized reading by title only of Ordinance No. 2022- 05, and Ordinance No. 2022-06; and,

2. Set Ordinance No. 2022-05 and Ordinance 2022-06 for second reading at a Public Hearing on November 14, 2022; and,

3. City Attorney Daudt read the title of Ordinance No. 2022-05, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, AMENDING CHAPTER 15.04 OF TITLE 15 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADOPTING THE 2022

EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24) CONSISTING OF:

City Council Regular Minutes
October 17, 2022

THE 2022 CALIFORNIA ADMINISTRATIVE CODE; THE 2022
CALIFORNIA BUILDING CODE, INCLUDING APPENDIX J; THE 2022

CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES H AND V; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE; THE 2022 CALIFORNIA
HISTORICAL BUILDING CODE; THE 2022 CALIFORNIA EXISTING
BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING
STANDARDS CODE; AND THE 2022 CALIFORNIA REFERENCED

STANDARDS CODE, TOGETHER WITH CERTAIN AMENDMENTS,
ADDITIONS, AND DELETIONS; AND ADOPTING THE 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE 2021

INTERNATIONAL SWIMMING POOL AND SPA CODE, TOGETHER
WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS";
and,

4. City Attorney Daudt read the title of Ordinance No. 2022-06, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, DELETING CHAPTER 15.08 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADDING A NEW CHAPTER 15.08
ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE (TITLE 24, PART 9) WITH APPENDICES AND
AMENDMENTS THERETO".

12. DISCUSSION ITEM
A. Creation and Funding of Economic Development (Fund 57)(Finance) This report provided the Council with an opportunity to discuss creating and funding a new fund for Economic Development projects.

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

Mayor Hasselbrink spoke in favor of the Economic Development Department and properly tracking expenditures.

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

1. Discussed the option of creating and funding an additional fund for Economic Development; and,

2. Directed Staff to create Economic Development Fund (Fund 57) with an initial transfer of $500,000 from the American Rescue Plan Act (ARPA) fund (Fund 56).

City Council Regular Minutes
October 17, 2022

B. Appoint a Council Member to Serve as the Alternate to the Orange County Sanitation District Board (Administration)
The recent Council vacancy has left the City without representation on the Orange County Sanitation District Board. This item will allow the Council to appoint an alternate representative to serve until the annual reappointment in December.

City Manager Simmons summarized the Staff report. Council and Staff discussed the Orange County Sanitation District Board function and meetings.

Council Member Nefulda stated interest in the position.

Motion/Second: Hasselbrink/Doby
Unanimously Caried: The City Council:

1. Appointed Council Member Jordan Nefulda as the Alternate representative to the Orange County Sanitation District Board; and,

2. Directed the City Clerk to complete California Form 806, Agency Report of: Public Official Appointments and post on the City’s website.

13. ADJOURNMENT
The City Council adjourned to Monday, November 14, 2022, at 6:00 p.m.

Shelley Hasselbrink, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS SPECIAL MEETING – Monday, October 24, 2022

1. CALL TO ORDER
The City Council met in Special Session at 6:04 p.m., Monday, October 24, 2022, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Hasselbrink presiding.

2. ROLL CALL

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

Absent: Council Members: None

Present: Staff: Chet Simmons, City Manager
Michael Claborn, Police Chief
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Ron Noda, Development Services
Windmera Quintanar, MMC, City Clerk

3. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak about any item described on the agenda prior to the Council's consideration of that item. Pursuant to the Brown Act Section 54954.3 (b), remarks are limited to items described in the notice for the meeting. Remarks are to be limited to not more than three minutes per speaker.

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

4. SPECIAL ORDER OF THE DAY
A. Interview Applicants for the City Council Vacancy (Administration) The City Council will be interviewing candidates and making an appointment to fill the current City Council vacancy in District 2. The term will end November 2024.

Mayor Hasselbrink introduced the item.

Council interviewed candidates in the following alphabetical order: Gary Loe, Trisha Murphy; and, Daniel Patz.

City Council Special Minutes
October 24, 2022

City Clerk Quintanar provided the Council with blank Indications of Support forms for the Council applications. Upon receipt of the forms, she stated there were 2 Indications of Support for Daniel Patz and 2 Indications of Support for Trisha Murphy.

Mayor Hasselbrink requested Council reconsider.

City Clerk Quintanar stated there was no change with 2 Indications of Support for Daniel Patz and 2 Indications of support for Trisha Murphy.

Motion/Second: Hasselbrink/Doby
Carried 3/1: The City Council appointed Trisha Murphy to fill the current Council vacancy in District 2 by roll call vote; and, directed the City Clerk to issue the Oath of Office.

City Clerk Quintanar administered the Oath of Office for Trisha Murphy.

5. ADJOURNMENT
The City Council adjourned at 6:47 p.m.

Shelley Hasselbrink, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 11B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Michael Daudt, City Attorney
Subject: Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings

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

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

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

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

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

BACKGROUND
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. A portion of AB 361 enacted amendments to California Government Code section 54953 regarding teleconference meetings. Those amendments authorize local agencies, like the City, to continue to conduct meetings by teleconference during a Governor-proclaimed state of emergency provided that certain findings are made by the legislative body, and provided that certain procedural requirements are met regarding public access to the meetings. A “teleconference” occurs for purposes of AB 361 whenever one or more members of the City Council connect to a City Council meeting via electronic means. Thus, even if four members of the City Council meet in person, if the fifth joins the meeting via Zoom, the meeting will be a teleconference meeting that must be conducted in accordance with the requirements of AB 361. For purposes of AB 361 “…’state of emergency’ means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act…” Cal. Gov’t Code Sec. 54953(e)(4). Section 8265 of CESA in turn refers to a state of emergency proclaimed by the Governor.

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

DISCUSSION
The Required Findings
The teleconference provisions in AB 361 may only be utilized as long as a Governorproclaimed state of emergency remains active, or while state or local officials have recommended measures to promote social distancing. When either of those is the case (both are true at this time), then in order to continue to teleconference using the new provisions of AB 361, the City Council must make the following findings by majority vote every 30 days:
(A) The City Council has reconsidered the circumstances of the state of emergency; and, (B) Either of the following circumstances exist:
i. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
ii. State or local officials continue to impose or recommend measures to promote social distancing (Cal Gov’t Code Sec. 54953(e)(3))
To comply with that requirement, the recommended action would have the City Council find each of the following:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID19 pandemic, and continues to be in effect; and,

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

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

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

Potential Consequence of Not Making the Findings Every 30 Days AB 361 does not expressly state what happens if a legislative body fails to make the required findings “every 30 days.” However, it expressly requires the timely re-approval of the findings “in order to continue to teleconference” in the manner that AB 361 authorizes.

As a result, if the City Council does not adopt the required findings every 30 days, then the City Council could be precluded from continuing to teleconference thereafter, perhaps even if the City Council was willing to adopt the findings at a later date. For this reason, the City Attorney

recommends that the City Council adopt the required findings at this time and at least every 30 days thereafter, unless the City Council decides as a permanent matter that it will no longer permit teleconferencing at all (e.g., regardless of whether the state of emergency worsens).

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

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

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

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

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

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

FISCAL IMPACT
None.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 11C
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: Treasurer's Quarterly Investment Report - September 2022

SUMMARY
The item for City Council consideration is receipt of the Treasurer’s Quarterly Investment Report.

RECOMMENDATION
Receive and file the Treasurer’s Quarterly Investment Report – September 2022.

BACKGROUND
Sound investment practices are essential to the City’s fiscal management. The City Treasurer is responsible for managing the City’s investment portfolio, focusing first on the safety of investments and then on liquidity and an appropriate rate of return. The investment report and portfolio composition are attached.

DISCUSSION
This report is a summary of the City’s investment activities and portfolio listing and balances for the quarter ending September 30, 2022.

FISCAL IMPACT
None.

Attachment: 1. Quarterly Investment Report - September 2022

2. Pooled Invetment Portfolio Holdings - September 2022

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 11D
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: Addition of Authorized Officers and Employees of the City to Examine Confidential Sales or Transactions and Use Taxes

SUMMARY
The original agreement with California Department of Tax and Fee Administration (CDTFA) was entered into in 1989 for the Bradley-Burns Tax. An additional agreement with CDTFA, Ordinance 2020-06, for Transactions and Use Tax, was completed on July 27, 2020. The new agreement will supersede all previous agreements entered into with CDTFA and will incorporate both sales or transactions and use tax records. The item proposes to add authorized officers and employees of the City to examine Confidential Sales or Transactions and Use Taxes collected by CDTFA Pursuant to existing contracts.

RECOMMENDATION
Adopt Resolution No. 2022-32, entitled “A RESOLUTION OF THE CITY OF LOS ALAMITOS,

CALIFORNIA, AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS"

BACKGROUND
As discussed with Budget Standing Committee at its Special Meeting held on July 27, 2022, all sales tax data is confidential and only authorized positions in the City are allowed to examine the records of the CDTFA. City Council action is required to name the authorized representatives of the City who may examine confidential sales, use and transactions taxes collected by the CDTFA. Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of CDTFA records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from, the sales, use, and transactions records of the CDTFA.

The City Manager, and/or Director of Finance, or other officer or employee of the City designated in writing by the City Manager to the CDTFA is appointed via the attached resolution to represent the City with authority to examine those transactions and use tax records of the CDTFA for purposes related to the following governmental functions of the City :
a) City Administration;
b) Revenue management and budgeting;
c) Community and economic development;

d) Business License tax administration; and
e) Other related City financial administration.

The information obtained by examination of CDTFA records shall be used only for those governmental functions of the City of Los Alamitos.

DISCUSSION
Finance has been communicating with the CDTFA in connection with adding confidential access for additional named positions. CDTFA staff has recommended filing a new agreement, Resolution 2022-32, that incorporates confidential access both sales or transactions and use taxes and identifies the new positions that will have access to the information. The new positions include the Finance Manager, Development Services Director, Development Services Manager, and Economic Development Supervisor. Currently, only the City Manager and Finance Director have access to these records.

FISCAL IMPACT
None.

Attachment: 1. Resolution No. 2022-32 - Authorizing Access

2. Ordinace 2020-06

3. Resolution 2020-39

RESOLUTION NO. 2022-32

A RESOLUTION OF THE CITY OF LOS ALAMITOS, CALIFORNIA,

AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND

USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 274, the City of Los Alamitos entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and,
WHEREAS, pursuant to Ordinance No. 2020-06, Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and,
WHEREAS, the City Council of the City of the City of Los Alamitos deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and, WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.

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

SECTION 1. That the City Manager, Finance Director, Finance Manager, Development Services Director, Development Services Manager, and Economic Development Supervisor, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

SECTION 2. That the City Manager, Finance Director, Finance Manager, Development Services Director, Development Services Manager, and Economic Development Supervisor, or other officer or employee of the City designated in writing by the City Manager to the Department is hereby appointed to represent the City with authority to

CC RESO 2022-32

examine sales or transactions and use tax records of the Department for the purposes related to the following governmental functions of the City:
a) City Administration
b) Revenue management and budgeting
c) Community and economic development
d) Business License tax administration
e) Other related City Financial administration
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

SECTION 3. That Hinderliter, de Llamas and Associates (HDL Companies) is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the HDL Companies:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information; c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.

SECTION 4. That this resolution supersedes all prior resolutions of the City Council of the City of Los Alamitos adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.

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

CC RESO 2022-32

PASSED, APPROVED, AND ADOPTED this 21st day of November, 2022. _______________________________
Shelley Hasselbrink, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Michael Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at an Adjourned Regular Meeting of the City Council held on the 14th day of November, 2022 by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________________
Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 11E
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Emeline Noda, Director of Recreation & Community Services Subject: Personnel Changes Related to Aquatics Programming

SUMMARY
This report outlines personnel changes for the Recreation and Community Services Department for an expansion to aquatic programming.

RECOMMENDATION
Adopt Resolution No.2022-30, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING JOB DESCRIPTIONS FOR LIFEGUARD, WATER SAFETY INSTRUCTOR I, AND SR. LIFEGUARD/WATER SAFETY INSTRUCTOR II”.

BACKGROUND
This report outlines the various personnel related changes necessary to support the addition of aquatics programming within the Recreation and Community Services Department.

Appropriate job descriptions for each position are also covered.

DISCUSSION
The Recreation and Community Services Department is in talks with Los Alamitos High School to secure a partnership collaboration for partial use of the Los Alamitos High School pool to provide aquatic programming for the Los Alamitos community. In preparation for fulfilling staffing requirements for such a program, the Department is updating its personnel job descriptions for Lifeguard, Water Safety Instructor I, Sr. Lifeguard/Water Safety Instructor II.

The intention is to hire staff in early 2023 to provide ample time for advertising the program to the public and training the appropriate staff.

The attached part-time job descriptions have been updated for:
 Lifeguard (Recreation and Community Services Department)  Water Safety Instructor I (Recreation and Community Services Department)  Sr. Lifeguard/Water Safety Instructor II (Recreation and Community Services Department)
The City of Los Alamitos Hourly Rate Schedule has been revised to reflect the updated job

positions.

FISCAL IMPACT
There is no cost to update the job descriptions. A midyear adjustment of $34,850.00 will need to be requested for FY 22-23 to accommodate the aquatics program including training, necessary supplies, uniforms, and staffing for the 2023 beginning of summer. Revenue from aquatic lessons will offset a portion of the costs.

Attachment: 1. RESOLUTION NO

2. Lifeguard Recreation and Community Services Department

3. Water Safety Instructor I Recreation and Community Services Department

4. Senior Lifeguard-Water Safety Instructor II Recreation and Community Services

RESOLUTION NO. 2022-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS ALAMITOS, CALIFORNIA, ADOPTING JOB

DESCRIPTIONS FOR LIFEGUARD, WATER SAFETY
INSTRUCTOR I, AND SR. LIFEGUARD/WATER SAFETY

INSTRUCTOR II
WHEREAS, job descriptions have been developed for the following part-time positions: Lifeguard, Water Safety Instructor I, Sr. Lifeguard/Water Safety Instructor II; and,
WHEREAS, the new job descriptions will be effective January 1, 2023.

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

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

SECTION 2. The City Council approves the job descriptions for Lifeguard, Water Safety Instructor I, and Sr. Lifeguard/Water Safety Instructor II (Exhibit A).

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

PASSED, APPROVED, AND ADOPTED this 14 day of November, 2022. ________________________________
Shelley Hasselbrink, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on this 14th day of November, 2022., by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

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

Revised 6/96

CITY OF LOS ALAMITOS
Job Description

LIFEGUARD

RECREATION AND COMMUNITY SERVICES DEPARTMENT

THE POSITION
This position serves as aquatics Lifeguard in the Department of Recreation and Community Services and performs pool lifeguard skills during swim lessons, recreation swim periods, and lap swim.

ESSENTIAL JOB FUNCTIONS
Under the direction of the Aquatics Supervisor and Aquatics Coordinator, the Lifeguard is required to perform the following essential job functions: is responsible for the safety of facility patrons, perform emergency care as need, ability to handle all emergency situations effectively and administer first aid, CPR, AED, and rescues as needed, respond to unsafe conditions or potential hazards around and in the facility. Additionally, the lifeguard will assist Water Safety Instructors in the pool with group swim lessons; maintain the ability to use effective verbal communication to enforce pool rules and regulations while the facility is in operation; and perform other duties as assigned.

DESIRABLE KNOWLEDGE, SKILLS AND ABILITIES
Knowledge and understanding of current American Red Cross Lifeguard requirements; knowledge of methods, materials, and equipment involved in the maintence and operation of swimming pools; past experience working with children and people of all ages; ability to read and follow directions; ability to interpret and apply pool rules and regulations; ability to promote public relations among participants; ability to work cooperatively with other staff members.

DESIRABLE EXPERIENCE AND TRAINING
Prior experience in aquatics or swimming preferred. Currently attending or graduated from high school. College course work with a major in recreation, child development, or physical education is preferred. Must posses current American Red Cross Lifeguard Cerification by first day of employment.

SPECIAL JOB-RELATED REQUIREMENTS
Red Cross Lifeguard and First Aid/CPR/AED Certificate
Ability to pass an in-water demonstration

Revised 5/3/2004

CITY OF LOS ALAMITOS
Job Description

WATER SAFETY INSTRUCTOR I

RECREATION AND COMMUNITY SERVICES DEPARTMENT

THE POSITION
This position serves as Water Safety Instructor I in the Department of Recreation and Community Services and performs swim lesson instruction and lifesaving skills.

ESSENTIAL JOB FUNCTIONS
Under the direction of the Aquatics Supervisor and Aquatics Coordinator the Water Safety Instructor I is required to perform the following essential job functions: lead and teach swim lessons for all age groups and ability levels, have the ability to create and follow lesson plans; evaluate progress of swim students both orally and in writing; enforcement of pool rules and regulations; promote public relations among participants; and perform other duties as assigned.

DESIRABLE KNOWLEDGE, SKILLS, AND ABILITIES
Previous experience in swim lesson instruction. Past experience working with children.

Ability to read and follow directions; ability to interpret and apply pool rules and regulations; ability to work cooperatively with other staff members.

DESIRABLE EXPERIENCE AND TRAINING
Prior experience in aquatics or swimming preferred. Currently attending or graduated from high school. College course work with a major in recreation, child development, or physical education is preferred. Must possess current American Red Cross Water Safety Instructor Certification by first day of employment.

SPECIAL JOB-RELATED REQUIREMENTS
American Red Cross Water Safety Instructor’s Certificate Ability to pass an in-water demonstration

CITY OF LOS ALAMITOS
Job Description

SENIOR LIFEGUARD/WATER SAFETY INSTRUCTOR II

RECREATION AND COMMUNITY SERVICES DEPARTMENT

THE POSITION
This position serves as aquatics Senior Lifeguard/Water Safety Instructor II in the Department of Recreation and Community Services and performs pool lifeguard skills during swim lessons, recreation swim periods, and lap swim, and performs swim lesson instruction.

ESSENTIAL JOB FUNCTIONS
Under the direction of the Aquatics Supervisor and Aquatics Coordinator, the Senior Lifeguard/Water Safety Instructor II is required to perform the following essential job functions:
is responsible for the safety of facility patrons, perform emergency care as needed, ability to handle all emergency situations effectively and administer first aid, CPR, AED, and rescues as needed, respond to unsafe conditions or potential hazards around and in the facility. Additionally, lead and teach swim lessons for all age groups and ability levels, have the ability to create and follow lesson plans; evaluate progress of swim students both orally and in writing; enforcement of pool rules and regulations; promote public relations among participants; and perform other duties as assigned.

DESIRABLE KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge and understanding of current American Red Cross Lifeguard and Water Safety Instructor requirements; knowledge of methods, materials, and equipment involved in the maintenance and operation of swimming pools; past experience working with children and people of all ages; ability to read and follow directions; ability to interpret and apply pool rules and regulations; ability to promote public relations among participants; ability to work cooperatively with other staff members.

DESIRABLE EXPERIENCE AND TRAINING
One year minimum prior experience in aquatics or swimming is required. Currently attending or graduated from high school. College course work with a major in recreation, child development, or physical education is preferred. Must possess current American Red Cross Lifeguard and Water Safety Instructor Certification by first day of employment.

SPECIAL JOB-RELATED REQUIREMENTS
Red Cross Lifeguard and First Aid/CPR/AED Certificate
Water Safety Instructor Certificate
Ability to pass an in-water demonstration and additional testing may be required

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 11F
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Approval of the Request for Proposals (RFP) 2022-04 and Authorization to Bid for Building and Safety Services

SUMMARY
This item facilitates the solicitation of bids for contractual services to provide Building & Safety services, including building division administration, permit issuance, plan check, inspection, enforcement of building codes, and public counter services.

RECOMMENDATION

1. Approve the Request for Proposals (RFP) 2022-04 for Building & Safety services, and;

2. Authorize staff to advertise and solicit bid proposals.

BACKGROUND
The City’s current Building & Safety services are provided by Charles Abbot Associates Inc. (CAA). In anticipation of the expiration of this agreement on June 30, 2023, a Request for Proposals (RFP) is presented that will solicit Building & Safety services including building division administration, permit issuance, plan check, inspection, enforcement of building codes, and public counter services.

The Building & Safety Division is one of the divisions in the Development Services Department and is responsible for providing construction plan review services in order to ensure the safety of building occupants within homes, workspaces, and other buildings constructed in Los Alamitos. The review of construction plans is critical in providing safety for the building's occupants and the most cost effective time for them to evaluate this is during the project's review stage.

Building Services is responsible for the administration and enforcement of the uniform codes and related federal, state and city adopted laws and ordinances. This responsibility includes meeting state mandates to ensure all structures meet or exceed the minimum life safety standards. This division assures that these standards are in compliance, by providing organized procedures for the review of plans and specifications, field checking construction projects, and investigation of substandard structures for abatement.

DISCUSSION
The purpose of this Request for Proposal (RFP) is to solicit and select a contractor to provide contract services, which will augment City staff as it relates to Building & Safety Division services. Under the direction of the Development Services Department, the selected contractor is expected to provide services in a cost-effective, efficient and professional manner, and to provide labor, tools, equipment materials and supplies necessary to complete work in a manner that will meet the City’s requirements.

The services requested by way of this contract includes but is not limited to:

Building Division Administration
Consultant shall provide an International Code Council (ICC) Certified Building Official. The Building Official shall be responsible for the daily administration of Building Division activities, and shall perform the following services, including but not limited to:
a. Function as the Building Official as set forth in the California Building Code, in other municipal government adopted building codes and ordinances, and as specified in Federal and State law.
b. Issue Certificates of Use and Occupancy (C of O) for building and structures. c. Manage, coordinate and oversee the building permit and plan check, building inspection and building counter services, so that they function as one Building & Safety organization.
d. Maintain, amend and develop ordinances and regulations necessary to implement and enforce the latest editions of the California Building Code, including any and all related Codes, or other uniform safety codes, laws, or regulations as adopted or amended by the City deemed necessary by the City to protect the health, safety and welfare of its constituents.
e. Consultant shall provide the City the technical assistance necessary to prepare the periodic updates to the uniform building and safety, and fire codes, including any local amendments, in accordance with the schedules established by the State of California, including:

1. Prepare the City’s ordinance updates, staff reports and attend City Council meetings.

2. Coordinate with the Orange County Fire Authority (OCFA) and prepare the City code ordinance update, regarding periodic updates to the Uniform Fire Code, including any local amendments, and ensure that the City’s building and safety codes and the changes to the Uniform Fire Codes are crossed referenced.

Building Plan Check Services
Provide an ICC Certified Plans Examiner to be available at the Building Division counter from 7:30 a.m. to 12:30 p.m., Monday through Thursday, except during City designated holidays.

Services shall include:
a. Manage, coordinate and oversee the building permit and plan check, building inspection, and building counter processes in the absence of the Building Official. b. Perform over-the-counter plan checks.
c. Answer technical questions from the public, including inquiries regarding building and

safety codes and regulations.
d. Perform building plan checks.
e. Staffing provided by the Consultant must ensure that all City Building & Safety inspections and plan reviews are conducted in an efficient courteous manner that is responsive to the City and community needs.
f. Have the ability to serve as Acting or Deputy Building Official in the absence of the Building Official.
g. Perform architectural, structural, plumbing, mechanical, and electrical plan check review for buildings and structures for compliance with applicable Federal and State laws, building and safety codes, City ordinances, and acceptable engineering practices.

Plans not checked by the Consultant at the City’s offices may be plan-checked at the Consultant’s local office.

Building Inspection Services
a. Inspect buildings and structures, for which building permits have been issued, for compliance with the approved plans and applicable codes and ordinances. b. Inspect for compliance and conditions of approval set forth by the City’s Development Services Department, Planning Commission, and/or City Council. c. Coordinate with various City and County agencies and departments, including but not limited to the Orange County Fire Authority (OCFA), Environmental Health Department of the County of Orange, and the other governmental agencies providing services, and/or having jurisdiction over any aspects of a development project in order to obtain compliance with the above building and safety code regulations. d. Enforce conditions of approval associated with discretionary permits regarding building and safety regulations, as adopted by the City.
e. During inspections, issue stop/correct work notices, or notices of violation when violations of the above referenced codes and regulations occur. f. Provide building inspection services by fully trained/certified inspectors for all construction regulated by all applicable Federal, State and City building and safety codes/ordinances, and National Pollution Discharge and Elimination System Permit (NPDES) requirements (when applicable).

Building Counter Operations
a. Receive, process and issue building permits and coordinate the plan check and inspection process, including the tracking, routing and storage of building plans, and filing of building permit applications. Input information into the City’s computer tracking system.
b. Consultant is to cooperate with the Orange County Assessor’s office to provide statistical and related information required for the efficient assessment of new developments and/or building projects.
c. Monitor and track the status of building permit applications and plan check for expiration and develop a process to notify applications prior to the expiration of their building permits.
d. Keep daily logs of building permit and inspection activities. Submit monthly, quarterly and annual reports of Consultant’s activities to the City. The reports shall include, but

not limited to, the fees collected, the staffing levels provided, the staff hours expended, the number of permits issued, the number of inspections (by type) conducted, and other financial, operational and statistical information pertinent to the Building Plan Check and Inspection Services process.
e. Provide public information regarding building permit applications, plan check, and inspection services and related matters.
f. Identify and collect all required fees for building permit applications and other Building Division services. Facilitates the collection of fees from other Departments and/or agencies that are due and payable prior to or concurrent with the issuance of a building permit.

Term of the Agreement
Once a contractor is selected, an Agreement will be established for a term that will run for four (4) years, with a maximum of two – 2-year extensions for a possible total of eight (8) years.

The following is an approximate timeline for awarding of the contract related to Building and Safety Services:

Request for Proposal Made Available Tuesday, November 15, 2022 Proposal Due at City Hall Thursday, January 19, 2023 at 10 a.m.

City Review of Proposals Monday, January 23, 2023 to Thursday, February 9, 2023
Interviews with Finalists Monday, February 13, 2023 to Thursday, February 16, 2023
City Council Consideration for Awarding Monday, March 20, 2023

FISCAL IMPACT
Funding for the specified services will be expended from the Development Services Department Budget Account No. 10-534-5260 for Fiscal Year (FY) 2022-2023.

Attachment: 1. RFP 2022-04 Building Safety Services (MSD review)_

Request For Proposal 2022-04
Building & Safety Services
City of Los Alamitos
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City of Los Alamitos
Request for Proposal (RFP) 2022-04
Building & Safety Services
FOR
Development Services Department
Attn: Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, California 90720
(562) 431-3538, Extension 500
(562) 493-1255 Fax
Email: [email protected]
DATED: November 14, 2022
Deadline/Bid Opening Date:

Must be received by 10:00am
Thursday, January 19, 2023
RFP Available at http://www.cityoflosalamitos.org

Request For Proposal 2022-04
Building & Safety Services
City of Los Alamitos
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TABLE OF CONTENTS

BUILDING & SAFETY SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

NOTICE INVITING SEALED PROPOSALS A

PROPOSAL RESPONSE REQUIREMENTS B

BACKGROUND AND PROJECT EXPECTATIONS C

SCOPE OF SERVICES D

PROPOSAL SCHEDULE E

PROFESSIONAL SERVICES AGREEMENT F

Request For Proposal 2022-04
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City of Los Alamitos
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SECTION A

NOTICE INVITING SEALED BIDS

BUILDING & SAFETY SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

Request For Proposal 2022-04
Building & Safety Services
City of Los Alamitos
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NOTICE INVITING PROPOSALS

CITY OF LOS ALAMITOS
Development Services Department
NOTICE OF REQUEST FOR PROPOSALS 2022-04
Sealed proposals will be 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, January 19, 2023.

BUILDING AND SAFETY SERVICES PROPOSAL
Proposals must be submitted on the City’s Request for Proposal Forms and submitted in sealed envelopes marked on the outside, “SEALED PROPOSAL FOR BUILDING AND SAFETY SERVICES RFP 2022-04. DO NOT OPEN WITH REGULAR MAIL.”
The contract will consist of building and safety services, including Building Division administration, permit issuance, plan check, inspection, enforcement of building codes and public counter services.

City of Los Alamitos
Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, CA 90720

Request For Proposal 2022-04
Building & Safety Services
City of Los Alamitos
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SECTION B

PROPOSAL RESPONSE REQUIREMENTS

BUILDING & SAFETY SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

Request For Proposal 2022-04
Building & Safety Services
City of Los Alamitos
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BUILDING & SAFETY SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SECTION I – PROPOSAL REQUIREMENTS
Proposal Response Requirements
The purpose of this Request for Proposal (RFP) is to solicit and select Consultant(s) to provide building and safety services, including Building Division administration, permit issuance, plan check, inspection, enforcement of building codes, and public counter services.

Responses must conform with the requirements of this RFP. All services provided by the Consultant shall be performed by individuals, who meet the qualification, standards, and requirements for the position. The successful Consultant(s) shall also have the resources to provide effective and timely services including providing customer service to the City of Los Alamitos.

Proposers shall submit Proposal on or before the Submittal Deadline. If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If no document can be identified as original bearing original signatures, Proposer's Proposal may be rejected at the discretion of the City.

Please submit six (6) color copies of the proposal, and in addition to the hard copies, an electronic copy on a flash drive shall be included with the proposal submittal. Proposal rate structure shall be submitted and clearly marked.

Proposals sent by telephone, e-mail or facsimile, will not be accepted. It is the sole responsibility of each proposer to ensure that its proposal reaches the City by the time and date specified. Once opened, all responses become public record and will be available to the public for review. Cost incurred by the Proposer in the preparation of the response to this RFP, is the sole responsibility of the respondent, and will not be reimbursed by the City.

It is imperative that all Consultant(s) responding to the RFP comply exactly and completely with the instructions set forth herein. Proposals must be concise but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the proposal. Proposal should be concise and be able to properly convey all information.

During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from the proposers. The City reserves

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the right to waive any irregularity, informality or error in any proposal or in the RFP process, or to reject any proposal, which does not comply with this RFP. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

All requests for information (RFI’s) shall be submitted to the City no later than Monday, January 9, 2023 at 10 a.m.

Withdrawal of proposals shall not be permitted for a period of sixty (60) days after the date set for the opening thereof. The City reserves the right to reject any and all proposals.

Section II – Additional Proposal Response Requirements
A: Letter of Transmittal
Please include a brief introduction and history of your firm. Be sure to state why you believe that your firm is the best qualified to provide such services to the City of Los Alamitos.

B: Consultant Data
Please submit the following information:

1. Official firm name and address.

2. Name, address, telephone number and email address of the Proposer’s point of contact.

3. Indicate what type of entity (corporation, Consultant, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.

4. Federal Employer I.D. Number.

5. The address, telephone numbers, and fax numbers of each of your firm’s locations.

6. A detailed statement indicating whether Proposer is entirely or partially owned by another business organization or individual.

7. Number of years Proposer has been in business under the present business name.

8. All comparable contracts currently in effect.

9. Please describe areas of specialization provided by the Proposer.

10. Any failures or refusals to complete a contract and explanation.

11. Financial interests in other lines of business.

12. Known conflicts of interest.

C: Proposal

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The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required for the proposal to be organized, and contain all information as specified below:

1. Letter of Introduction, to include an understanding of the scope of services.

2. The firm’s approach to delivering the scope of services.

3. Brief Consultant profile and number of years the firm has been in business.

4. Location of principal office that will be responsible for the implementation of any contracts.

5. Description of the professional qualifications of the personnel who will be assigned to work in the City of Los Alamitos. While the Consultant(s) may propose any staffing scenario to effectively perform the services, the proposal shall identify the key personnel who will be assigned to perform the services and how, where, and when those services will be provided.
• The successful Proposer may change the Management Contact, Building Inspector, Permit Technician, Building Official and other supporting staff and specialists with prior written permission of the City.

6. Provide the name, title, experience, qualifications, discipline and resume of the personnel who will be assigned to the City, including any sub-consultants.

Indicate the number of persons for each position, including their availability and time commitment and other resources proposed to provide services to the City of Los Alamitos, to fulfill the desired level of services reflected in the Scope of Services.

7. Provide examples of services or projects that the firm/company and Staffing Team Members are successfully working on or have completed, with preference to those assignments that have been completed within the past 5 years.

8. Cost Proposal (including hourly rate) for Services. The method of payment upon negotiation of an agreement shall be monthly payments based upon satisfactory progress and the submission of requests for payments. This should include hourly billable costs of each team member; project manager, associate and various titles.

If fixed fee for compensation, payment subject to accepted percentage completion.

9. Accurate list of all personnel who have any relationship to work performed within the scope of this Agreement. List data shall indicate personnel by building(s) in which they are assigned to work, and must include full names.

10. Any other information, which should be considered, such as any special services or construction management philosophy, which define your firm’s practices.

11. If contracted in the future, the firm will be required to have professional liability insurance including liability at a minimum of one million per occurrence, worker’s compensation. The proposal shall state whether the firm could provide such insurance proof of coverage at time of any contract execution.

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12. The firm will be required to have and provide proof of insurance and indemnify the City in accordance with the City’s insurance requirements. The proposal shall state that such insurances will be in force at time of contract execution.

13. Provide a list of five (5) reference who may be contacted to discuss their experience working with the firm/company on similar services. Please provide contact information including Organization, Name, Title, Address, Phone Number, E-mail, Description of Services Provided and Date of Completion.

14. Proposer shall describe the steps to be taken during the transition period from the existing provider prior to the start of the contract period. The Proposer should provide examples where the consultant has made a similar transition from another contract provider and the methods that the consultant utilized in achieving this transition.

The City of Los Alamitos reserves the right to accept or reject any and all proposals, or any portion of any proposal, or to waive any irregularities or informalities in the proposal or in the proposal process, or to make the award on the basis of that item or combination or items which, in its opinion, serves the best interest of the City. Services shall not commence until the Professional Services Agreement is executed by the City. Responses to this Request for Proposal become the property of the City.

Section III - General Conditions

3.1 Authorized Signatures
Every Proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a Proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the Proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the Proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the Proposal, the Proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation.

3.2 Award of Proposal
Award will be made to the Proposers offering the most advantageous Proposal after consideration of all criteria set forth in this RFP. The criteria are not listed in any order of preferences. An Evaluation Committee will be established by the City. The Committee will evaluate all Proposals received in accordance with the Evaluation Criteria. The City reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and evaluation scores will not be released until after award of Request for Proposal. The City shall not be obligated to accept the lowest

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priced Proposal but will make an award in the best interests of the City after all factors have been evaluated.

Discussions may, at the City's option, be conducted with responsible Proposers who submit Proposals determined to be potentially selected for an award. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of Proposals. In conducting discussions, the City will not disclose information derived from Proposals submitted by competing Proposers.

3.3 Cancellation of Solicitation
The City may cancel this solicitation at any time.

3.4 City of Los Alamitos Business License
Firm and its Sub-Consultants are required to maintain an active City business license for the duration of this Agreement.

3.5 Annual Payment to the City
Firm is to provide the City with an annual payment of $12,000 to support City events and Building & Safety outreach. This payment is due at contract execution and each successive January 1st throughout the term of this Agreement.

3.6 Compliance with Laws
All Proposals shall comply with current federal, state, and other laws relative thereto.

3.7 Contract Documents, Examination Of
It is the responsibility of the Proposer to thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, and addenda (if any), referred to as Contract Documents. Proposer shall be satisfied as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the solicitation or contract. The submission of a Proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the Proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.

3.8 Costs
The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the Proposal or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall

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not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.

3.9 Disqualification of Proposer
If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one Proposal for the same work unless alternate Proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion.

3.10 Interpretation of Request for Proposals
City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or any Contract Documents, or finds discrepancies or omissions in the specifications, he or she may submit to the City a written request for an interpretation or correction. The written request for clarifications shall be submitted no later than Monday, January 9, 2023, 2023 at 10 a.m. Oral statement(s) interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid.

Requests for Interpretations (RFI’s) shall be made in writing and delivered to Development Services Director, City of Los Alamitos, 3191 Katella Avenue, Los Alamitos CA 90720.

The requesting party is responsible for prompt delivery of any requests.

When the City considers interpretations necessary, interpretations will be in the form of an addendum to the Contract Documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received Contract Documents. All such addenda shall become a part of the contract. It is the responsibility of each Proposer to ensure the City has their correct business name and address on file. Any prospective Proposer who obtained a set of Contract Documents is responsible for advising the City that they have a set of Contract Documents and wish to receive subsequent addenda.

3.11 Irregularities
City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Council.

3.12 Non-Exclusive Contract
The successful Proposer will enter into a non-exclusive contract and the City reserves the right to enter into agreements with other firms for services.

3.13 No Obligation
The release of this RFP does not obligate nor compel the City to enter into a contract or

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agreement.

3.14 Offers of More Than One Price
Proposers are NOT allowed to submit more than one Proposal.

3.15 Proposal, Rejection Of
The City reserves the right to reject any or all Proposals or any part of a Proposal. The City reserves the right to reject the Proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.

3.16 Proprietary Information
Proposal must NOT be marked as confidential or proprietary. City may refuse to consider a Proposal so marked. Information in Proposals shall become public information and is subject to disclosure laws.

3.17 Public Opening
There will be a public opening of Proposals. Prices and other Proposal information shall not be made public until the Proposal is awarded. At that time the submitted Proposal information and executed contract will become public information.

3.18 Severability
If any provisions or portion of any provision, of a contract are held invalid, illegal or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable.

3.19 Sub-Consultant Information
If the Proposal includes the use of Sub-Consultants, Proposer must identify SubConsultants and the specific requirements of this RFP for which each proposed SubConsultants would perform services.

3.20 Sub-Consultant References
For all Sub-Consultants that will be used on this project, Proposers must provide a minimum of three references from similar projects performed for any local government clients within the last three years. Information provided shall include:

A. Client name

1. Project description

2. Dates (starting and ending)

3. Technical environment

4. Staff assigned to reference engagement that will be designated for work per this

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RFP

5. Client project manager's name and telephone number.

3.21 Terms of An Offer
The City reserves the right to negotiate final contract terms with any selected Proposer.

The City's standard form Professional Services Agreement (PSA) shall be used, and includes other provisions not described here. A standard Professional Services Agreement is attached for reference. Please review this very carefully and note in the body of your response any exceptions or alterations to the agreement. Alterations or changes to the agreement which were not in the Consultant’s proposal will not be made after the selection of the Consultants. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: any executed contract, the RFP, any modifications and clarifications to the awarded Proposer’s Proposal, and the awarded Proposer’s Proposal. Specific exceptions to this general rule may be noted in an executed contract. Proposer understands and acknowledges that the representations above are material and important, and will be relied on by the City in evaluation of the Proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the Proposal.

3.22 Withdrawal of Proposal
Proposers’ authorized representative may withdraw Proposals only by written request received by the City Manager before the Proposal Submittal Deadline.

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SECTION C

BACKGROUND AND PROJECT EXPECTATIONS

BUILDING & SAFETY SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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BUILDING & SAFETY SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

4.0 BACKGROUND AND PROJECT EXPECTATIONS
The purpose of this Request for Proposal (RFP) is to solicit and select Consultant(s) to provide building and safety services, including Building Division administration, permit issuance, plan check, inspection, enforcement of building codes, and public counter services.

The City’s Development Services Department provides a broad spectrum of services to the community in areas of Building & Safety, Code Enforcement, Economic Development, Engineering, Planning and Public Works. This Department also manages, reviews, and approves developmental plans for all properties located within the City boundaries.

Within the Development Services Department, the Building & Safety Division is responsible for providing construction plan review services, in order to ensure the safety of building occupants within homes, workspaces, and other buildings constructed in the City. The review of construction plans is critical to providing the level of safety expected at the earliest and most cost effective time, when the project is in the review stage.

The City’s current contract will expire on June 30, 2023. The City has transitioned plan check reviews to Bluebeam software for plan review, and also utilizes a paperless system to automate workflow, provide online portal capabilities including the issuance of building permits, status tracking, mobile solutions, and other modern technology upgrades. The Building & Safety Division currently utilizes the City Tech system for permits, plan checks and inspections.

Over the past five years, the Building & Safety Division has seen the following levels of activity through the noted fiscal cycles:

FISCAL YEAR 2018/2019 2019/2020 2020/2021 2021/2022 2022/2023* Permit Valuation $23,553,235.00 $24,196.473.45 $10,205,195.92 $10,368,904.00 $6,286,450.00 No. of Permits 411 391 418 415 146
No. of
Inspections 1593 1619 1681 1407 411
The City desires to select a qualified firm to provide building and safety services, including:
 Building Division Administration
 Building Plan Check
 Building Inspection
 Building Code Enforcement

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 Building Counter Operations

4.1 USE OF SUB-CONSULTANTS
The City is committed to selecting an excellent team that will produce a high quality work product, and deliver a high level of customer service. Should the use of sub-consultants be proposed by the proposing firm, they shall be clearly identified and included as part of the proposal in response to this RFP.

4.2 PROPOSAL REVIEW PROCESS & SCHEDULE
The City of Los Alamitos will review all proposals received by the submittal deadline indicated in this RFP. Proposals that do not meet the minimum requirements of this RFP will be rejected. The City reserves the right to select the firm that best meets the overall needs and offers the best overall value to the City based on a variety of criteria, including but not limited to, experience of the team, quality of work product, customer service delivery, and not solely on the lowest cost of services. It is anticipated that following interviews, the City will identify a preferred firm to enter contract negotiations. Upon successful negotiations with the preferred firm, an Agreement will be presented to the City Council for consideration.

The following is the anticipated scheduled for the awarding of this RFP:

Request for Proposal Made
Available
Tuesday, November 15, 2022
Proposal Due at City Hall Thursday, January 19, 2023 at 10 a.m.

City Review of Proposals Monday, January 23, 2023 to
Thursday, February 9, 2023
Interviews with Finalists Monday, February 13, 2023 to
Thursday, February 16, 2023
City Council Consideration for Awarding Monday, March 20, 2023 *Dates subject to change at the sole discretion of the City.

RFP INQUIRIES
All inquiries, questions, and requests for information related to this RFP should be directed to Ron Noda, Development Services Director, via email at [email protected] and will only be accepted until Monday, January 9, 2023 at 10 a.m.

Changes in the contract and corresponding changes in compensation may be implemented upon mutual written agreement of the City and the Consultant. The City reserves the right to add or delete services at any time with 30 days written notice to Consultant. If additional services are requested, the Consultant is required to provide a cost estimate detailing them as an attachment to the proposal along with prices, where applicable, which may be offered as an addendum for the term of this contract agreement.

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All work determined by the City to be defective or deficient in any of the requirements shall be remedied by the Consultant at the Consultant’s expense and in a manner acceptable to the City.

City reserves the right to deduct from the payments due or to become due to the Consultant for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City inspection record for the project, with associated deduction calculation will be furnished to the Consultant prior to a deduction being made.

The Consultant shall adhere to all currently applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL-OSHA, California Department of Industrial Relations, the California State Department of Health Services, FEDOSHA, EPA and the Material safety Data Sheets (MSDS) standards.

It is the intent of the City to award a contract for provide building and safety services, including Building Division administration, permit issuance, plan check, inspection, enforcement of building codes, and public counter services, in form approved by the City Attorney. The City reserves the right to further negotiate the terms and conditions of the Agreement. The City shall preserve the right to reject any proposal for noncompliance with Agreement requirements and provisions, or to not award an agreement because of unforeseen circumstances or if it is determined to be in the best interest of the City. This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost.

This Agreement may not be awarded to the lowest respondent. The City Council will approve, as part of the annual City budget, with a specified project budget.

A. Definitions
Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Los Alamitos is intended unless otherwise stated. As used herein, “provide” shall be understood to mean “provide complete”, in total. The word “facility” as used hereinafter shall be understood to mean the location receiving the service. The use of the words “Consultant” shall be held to mean the Consultant and/or any person employed by them and working under the agreement to the awarded Consultant.

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SECTION D

SCOPE OF SERVICES

BUILDING & SAFETY SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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5.0 SCOPE OF SERVICES
The purpose of this Request for Proposal (RFP) is to solicit and select Consultant(s) to provide building and safety services, including Building Division administration, permit issuance, plan check, inspection, enforcement of codes, and public counter services. Under the direction of the Development Services Director, the selected Consultant would serve in the described capacity.

The following Scope of Services represents the services and responsibilities the successful proposer will be expected to provide and perform. Please indicate the skills, ability, and or/services which distinguish the firm to make it the best choice for the City. Additional services or tasks which, in your opinion, should be included must be clearly identified. Conversely, requested services or tasks which, in your opinion, should not be included, or are specifically excluded from the proposal, must also be clearly identified.

The final Scope of Services, as may be modified through negotiations and/or by written addendum issued by the City, will be made part of the Agreement with the successful proposer.

1. Building & Safety Services (General)
a. Services shall include issuance of building permits, review of plans and development specifications, inspections of construction sites and buildings, and enforcement of building codes.
b. Consultant will conduct any necessary or required investigations as directed by the City. Investigations will include field and office research, investigation follow-ups and preparation of notices, letters, or documents. The enforcement of codes for work requiring a permit is included.
c. At the firm’s own cost, Consultant will provide and maintain all vehicles and equipment required or necessary to carry out inspections and duties of the Building & Safety Division.

2. Building Division Administration
a. Consultant shall provide an International Code Council (ICC) Certified Building Official. The Building Official shall be responsible for the daily administration of Building Division activities, and shall perform the following services, including but not limited to:
i. Function as the Building Official as set forth in the California Building Code, in other municipal government adopted building codes and ordinances, and as specified in Federal and State law.
ii. Issue Certificates of Use and Occupancy (C of O) for building and structures.
iii. Manage, coordinate and oversee the building permit and plan check, building inspection and building counter services, so that they function as one Building & Safety organization.

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iv. Maintain, amend and develop ordinances and regulations necessary to implement and enforce the latest editions of the California Building Code, including any and all related Codes, or other uniform safety codes, laws, or regulations as adopted or amended by the City deemed necessary by the City to protect the health, safety and welfare of its constituents. v. Make determination on the approval and use of alternative materials and methods of construction.
vi. Process and prepare Planning Commission and City Council reports and recommendations, and assist in the presentation of appeals regarding building and safety matters. Attend City Council, Planning Commission, and other meetings as directed.
vii. Assist other Divisions such as Code Enforcement and Planning, with the preparation of necessary documents when prosecution action is necessary to obtain compliance with the above codes and regulations. viii. Make final interpretations concerning the application of building and safety codes.
ix. Monitor the collection of building plan checks, inspections, permits fees, and other building activity level indicators, submit monthly activity reports to the City based on this information, and notify the City of any staffing changes necessary to maintain the performance standards. x. Perform all other administrative building and safety related duties, including developing and implementing office policies and procedures, and assuring that files and plans are secured, organized, and kept up to date.
xi. Meet with developers, homeowners, business owners, architects, engineers and the general public at the City or in the field, as the need dictates to resolve grievances and/or respond to questions and ensure timely project processing in compliance with Federal, State and City laws and ordinances.
xii. Ensure all building related activities are entered into the City’s tracking system in an accurate, complete and timely manner.
xiii. Provide online permitting system to including but not limited to permit, plan check and inspection tracking system and online customer portal services.
b. Consultant shall provide the City the technical assistance necessary to prepare

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the periodic updates to the uniform building and safety, and fire codes, including any local amendments, in accordance with the schedules established by the State of California, including:

1. Prepare the City’s ordinance updates, staff reports and attend City Council meetings.

2. Coordinate with the Orange County Fire Authority (OCFA) and prepare the City code ordinance update, regarding periodic updates to the Uniform Fire Code, including any local
amendments, and ensure that the City’s building and safety codes and the changes to the Uniform Fire Codes are crossed
referenced.
c. Within the first thirty (30) days of the Agreement, the Consultant shall assemble and review all existing City policies, ordinances, and conditions pertaining to the Building Division operations, and document any areas of insufficient, incomplete or missing information. Based on this review, the Consultant shall develop a timetable for the preparation or revision of policies, ordinances and conditions, and present a report to Development Services Director for consideration.

3. Building Plan Check Services
a. Provide an ICC Certified Plans Examiner to be available at the Building Division counter from 7:30 a.m. to 12:30 p.m., Monday through Thursday, except City designated holidays. Services shall include:
i. Manage, coordinate and oversee the building permit and plan check, building inspection, and building counter processes in the absence of the Building Official.
ii. Perform over-the-counter plan checks.
iii. Answer technical questions from the public, including inquiries regarding building and safety codes and regulations.
iv. Perform building plan checks.
v. Assist in more difficult inspections, in addition to other duties as assigned.
vi. Staffing provided by the Consultant must ensure that all City Building & Safety inspections and plan reviews are conducted in an efficient courteous manner that is responsive to the City and community needs.

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vii. Have the ability to serve as Acting or Deputy Building Official in the absence of the Building Official.
b. Perform architectural, structural, plumbing, mechanical, and electrical plan check review for buildings and structures for compliance with applicable Federal and State laws, building and safety codes, City ordinances, and acceptable engineering practices. Plans not checked by the Consultant at the City’s offices may be plan-checked at the Consultant’s local office.
c. Confirm building use, occupancy, and type of construction, and review construction of buildings and structures to determine satisfaction of safety requirements.
d. Check for compliance with applicable codes adopted by the City, including, but not limited to: Uniform Housing Code, California Building, Mechanical, Plumbing and Electrical Codes, Uniform Swimming Pool Code, Uniform Solar Energy Code, and Sign, Tent, and Relocated Building Codes and any applicable adopted local amendment, State of California codes or regulations. e. Review and approve building/structural revisions to plans required during construction.
f. Calculate building permit and plan check fees, and review permit issuance. g. Coordinate building permit requirements and interface with City Departments and other agencies, including but not limited to the Public Works Division, Planning Division, the Orange County Fire Authority (OCFA) and the Environmental Health Department of the County of Orange. This also includes Building Division review, comment and provision of “conditions of approval” for site plans and building plans as part of the discretionary planning applications.
h. Provide expedited plan check when requested by the City. i. Create a standard plan check for the City, to ensure consistency in plan review.

4. Building Inspection Services
a. Provide building inspection services by fully trained/certified inspectors for all construction regulated by all applicable Federal, State and City building and safety codes/ordinances, and National Pollution Discharge and Elimination System Permit (NPDES) requirements (when applicable).
b. Inspect buildings and structures, for which building permits have been issued, for compliance with the approved plans and applicable codes and ordinances. c. Inspect for compliance and conditions of approval set forth by the City’s

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Development Services Department, Planning Commission, and/or City Council. d. Coordinate with various City and County agencies and departments, including but not limited to the Orange County Fire Authority (OCFA), Environmental Health Department of the County of Orange, and the other governmental agencies providing services, and/or having jurisdiction over any aspects of a development project in order to obtain compliance with the above building and safety code regulations.
e. Enforce conditions of approval associated with discretionary permits regarding building and safety regulations, as adopted by the City. f. During inspections, issue stop/correct work notices, or notices of violation when violations of the above referenced codes and regulations occur. g. At the Consultants sole expense, provide all vehicles, fuel, maintenance and other equipment necessary for field personnel to carry out building permit inspections and all required duties.
h. Provide special inspections by qualified inspectors and conduct investigations as directed by the City, including field and office research and the preparation of letters and/or documents.
i. Input daily inspection information into the City’s computer permit tracking system.
j. Provide inspection, investigation, and enforcement for violations to all the above-referenced building and safety codes and regulations, as well as other adopted City ordinances, which relate to building and safety issues. k. The Building Official/Inspector will conduct daily inspections between 12:30 p.m. and 4:00 p.m.
l. As special circumstances dictate, after hour or weekend inspections will be conducted. Building Official will respond to emergency calls from the City (i.e., staff, police dispatch) at any time as deemed necessary.

5. Building Counter Operations
a. Receive, process and issue building permits and coordinate the plan check and inspection process, including the tracking, routing and storage of building plans, and filing of building permit applications. Input information into the City’s computer tracking system.
b. Consultant is to cooperate with the Orange County Assessor’s office to provide statistical and related information required for the efficient assessment of new developments and/or building projects.

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c. Monitor and track the status of building permit applications and plan check for expiration and develop a process to notify applications prior to the expiration of their building permits.
d. Keep daily logs of building permit and inspection activities. Submit monthly, quarterly and annual reports of Consultant’s activities to the City. The reports shall include, but not limited to, the fees collected, the staffing levels provided, the staff hours expended, the number of permits issued, the number of inspections (by type) conducted, and other financial, operational and statistical information pertinent to the Building Plan Check and Inspection Services process.
e. Provide public information regarding building permit applications, plan check, and inspection services and related matters.
f. Identify and collect all required fees for building permit applications and other Building Division services. Facilitates the collection of fees from other department and/or agencies that are due and payable prior to or concurrent with the issuance of a building permit.
g. Establish, maintain, and update all forms in compliance City requirements, regulations, adopted standards, State or other laws and ordinances necessary for the operation of the Building Division, including “hand-out” sheets, which explain building permit application processing procedures identified as being provide by the City.
h. All approval stamps, applications, forms and other documents used in providing Building and Safety Services to the City shall be identified with the City seal and other identification indicating that the approval stamps, applications, and documents are from the City of Los Alamitos. All of the stamps, applications, forms, and other documents or supplies shall be the property of the City (costs for the provisions of these processing tools and supplies shall be the responsibility of the City).

6. Performance Standards & Monitoring
a. The Consultant shall be responsible for providing monitoring information to the City, that shows achievement of the performance standards and that personnel are providing helpful and courteous services to customers. The monitoring may include, but is not limited to, customer feedback through written questionnaires and interviews and observations at the building counter and during building permit inspections, and monthly statistical reports.
b. City has established Performance Standards that are to be applied to the processing of plan checks, building permits, and general service to the public

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that interacts with the Development Services Department. These Performance Standards are described in subsection c below. The Consultant recognizes the targets established in the Performance Standards, and will adhere to these measures in the performance of its services for the City. The City reserves the right to add, amend, or eliminated Performance Standards at any time during the term of this Agreement. The City may use the Performance Standards to gauge the effectiveness of the Consultant’s service to the City. At the City’s request, the Consultant shall be responsible for providing monitoring information which shows that personnel providing services to the City are achieving the Performance Standards.
c. Consultant shall provide services, which meet the following maximum expected turn-around times for plan check and inspection services. In practice, Consultant shall provide these services with the fastest turn-around time feasible.

Additionally, the following Performance Standards shall be used as a guide to determine staff levels:
i. Plan Check

1. The initial plan check for all building plans for new large scale high density multi-family and mixed-use project shall be completed within ten (10) working days or less from the date of plan submittal.

2. The initial check of building plans for new buildings including commercial, industrial and residential buildings shall be completed within ten (10) working days or less from the date of plan check submittal.

3. The initial check of building plans for all commercial, industrial and residential remodels, renovations and additions shall be completed within ten (10) working days or less from plan submittal.

4. All re-checks of building plans shall be completed within five (5) working days or less from resubmittal.

5. Plan check review for routine and simple structures and items shall be completed over-the-counter. Routine and simple structures and items include but are not limited to re-roofs, patio covers, and fences/walls.
ii. Inspection

1. All building inspections requested by 4:00 p.m. on a working day, shall be conducted on the next working day with an a.m. or

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p.m. commitment and a two (2) to four (4) hour window.

2. As special circumstances dictate, after hour or weekend inspections will be conducted. Building Official will respond to emergency calls from the City (i.e., staff, police dispatch) at any time as deemed necessary.

3. At all times, building inspections shall conduct themselves in a courteous and professional manner and utilize the phone to help coordinate and narrow inspection times and applicants.
iii. Counter

1. Provide service and support for the building counter for ten (10) hours per working day. The building counter shall be open to the public and sufficiently staffed from the hours of 7:30 a.m. to 12:30 p.m., Monday through Thursday, excluding City
recognized holidays. Counter hours may be subject to a
reasonable change by the City, including but not limited to the hours of 7:30 a.m. to 12:30 p.m., with the potential for staggered work hours to cover the additional time. Working days are subject to change at the discretion of the City to a 5 days a week/8-hour schedule, with thirty (30) day noticing to
Consultant.

2. Provide an ICC Certified Counter Technician/Plan Checker to provide services to the public during counter hours.

3. Keep written information regarding building permit applications, plan check and inspection process updates.

4. Answer the building counter phone when not with a customer at the counter, and return telephone calls within two hours. Respond to all email inquiries within the one working day.

5. On an as-needed basis, assist the City in providing or updating any Building Division information to the City’s website.

7. Staffing Levels And Cost Of Services
a. Identify the number of persons for each position that would be assigned to the City to provide the requested services. Indicate by the name and title those persons that will be providing Administration, Plan Check, Inspections and counter services. Clearly indicate if each person will be assigned to the City fulltime, part-time, as-needed, off-site, and whether persons assigned will be providing multiple services (i.e., Administration and Plan Checks). Multiple

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staffing level options may be proposed that are based upon a certain level of permit activity. Proposal must include the option for a certified permit technician during counter hours.

8. Transition from Current Services
a. Consultant is to review City forms, procedures, and policies immediately and will recommend any deficiencies to the City that necessitate modifications. Any action is to be coordinately with City Management first prior to implementing any changes.
b. Consultant is to work alongside the City’s current service provider for Building and Safety Services for a minimum of six (6) weeks, prior to the conclusion of the City’s current contract to ensure a smooth transition. c. Identify how past and existing permits and plan checks will be handled, along with related responsibilities for issuance and/or inspection. d. Assure proper records transfer.
e. Develop timing/schedule for transition.
f. Implement progress/monitoring reports.
g. Establish meeting schedules to assess transition.

5.1 Consultant Staff
It is essential that the Consultant provide adequate experienced and ICC certified personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Consultant must agree to assign specific individuals to the key positions.

A. The Consultant agrees that once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.

B. If key personnel are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Consultant shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.

C. The Consultant shall provide qualified English-speaking supervision in all areas of operations. The Supervisor shall be accessible to City staff via email, phone or in-person as necessary. The Consultant shall furnish only employees who are authorized, competent and skilled for work under this contract. Should it be determined by the City that the quality of work provided is substandard, at its discretion; the City may request the presence of a Supervisor during business hours.

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D. The Consultant(s) shall provide sufficient staffing to perform all work in accordance with the specifications set forth herein.

E. The City may, at any time, give the Consultant(s) notice to the effect that the conduct or action of a designated employee of the Consultant(s). The Consultant shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and the Consultant(s) shall take reasonable measures under the circumstancesto remedy and improve the situation presented.

F. Assure the City that the conduct and activities of the Consultant's employee(s) will not be detrimental to the interest of the City or public.

G. The Consultant shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and to the public, the name of the Consultant. The identification system shall be furnished at the Consultant's expense and may include appropriate attire and name badges as specified by the City.

H. The Consultant shall direct their employees against the unauthorized reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property,such as: telephones, radios, copy machines, computers, fax machines, etc.

5.1 Dress Code and Appearance
The Consultant(s) shall require each of its employees to adhere to industry standards of work ethics and attire. Shirts shall be worn at all times, and shall be buttoned and tuckedin. No caps with insignias or designs other than the Consultant's logo may be worn, and no caps shall be worn backwards.

5.2 Contract Enforcement
The Consultant(s) or its authorized representative shall meet with the Development Services Director quarterly, or more, at the discretion and convenience of the City.

The City reserves the right to perform audits at any time for the purpose of monitoring performance. The Consultant shall cooperate with City, representative(s) in the review and monitoring of Consultant's performance, and procedures.

In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action.

5.3 Term of Agreement
The term of the Agreement is expected to commence on July 1, 2023. The initial term of the Agreement is anticipated to be for three (3) years, with two possible – two (2) year

Request For Proposal 2022-04
Building & Safety Services
City of Los Alamitos
30 | P a g e
extensions, at the sole discretion for renewal by the City.

Request For Proposal 2022-04
Building & Safety Services
City of Los Alamitos
31 | P a g e

SECTION E

PROPOSAL SCHEDULE

BUILDING & SAFETY SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

32 1367754.1

SECTION E PROPOSAL

SCHEDULE

BUILDING & SAFETY SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Proposal A – Rate and Services Structure

1. Fee structure for Plan Check: Indicate fee as a percentage of the City’s collected plan check fee of a first-time check and re-check. This fee should include shipping and courier service (if applicable).

Plan Check Percentage
First-time check
Re-Check

2. Firm shall provide separate fee percentages for project valuations of:
• $1 to $15,000
• $15,000 to $30,000
• $30,000 to $75,000
• $75,000 and greater
Valuation Percentage
$1 to $15,000
$15,000 to $30,000
$30,000 to $75,000
$75,000 and greater

3. Fee for Permitting System
System Name Annual Cost

4. Fee Option for expedited Plan Check (if applicable)
Valuation Percentage

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5. For an actual service compensation system, a copy of the firm’s current hourly rate schedule shall be provided, which reflects the fully loaded total hourly cost for each related consultant position. For a percentage of fees system, proposals shall clearly indicate what costs associated with the consultant services will be offset by the percentage of those fees collection.
• Hourly rates should include, but not limited to the following consulting services roles:

Job Description Hourly Rate
Assistant Planner
Interim Development Services Director
Consultant for the Development Services Department
Landscape Architect
Permit Technician
Plan Checker
Planning Aide

Proposal A Schedule Total: $
Proposal B – Rate and Services Structure for Sub-Consultant(s) Sub-Consultant(s) Hourly Rate
Proposal B Schedule Total: $
The Consultant 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 A & B Total: $

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Proposal Schedule Total (in word):

35 1367754.1

SECTION F

BUILDING & SAFETY SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

36 1367754.1

PROFESSIONAL SERVICES AGREEMENT
Building and Safety Services (RFP) 2022-04
[Enter name of Consultant]
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into, to be effective this day of 2023 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and ________________, (“Firm”) a, ______________. City and Consultant 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 firm to provide building and safety services, including Building Division administration, permit issuance, plan check, inspection, enforcement of building codes and public counter services.. It is preferred that the firm provide the City an opportunity to review contract documents and RFP’s in advance of the agenda report deadlines.

B. In response to City’s formal Request for Proposals No. (RFP), dated , 2022, Firm has submitted to City a written proposal, dated , 2023, to provide the desired services.

C. City desires to engage Firm to provide such services subject to the terms and conditions set forth in this Agreement.

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

AGREEMENT

1. SERVICES OF FIRM

1.1 Scope of Services and Standard of Performance. Firm shall provide those services set forth in the Proposal, dated , 2023, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Firm shall provide the Project Services in compliance with all terms and conditions of this Agreement. Firm 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. Firm represents and warrants that it and all employees, subcontractors and subconsultants 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. , dated ; and (3) Firm’s

37 1367754.1
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) Firm’s Proposal.

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. Firm shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Firm performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Firm shall be solely responsible for all penalties and costs arising therefrom. Firm 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, Firm shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Firm represents and warrants to City that Firm 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 Firm to perform the Project Services. Firm 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 Firm'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, Firm warrants that Firm (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. Firm 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. Firm acknowledges that City may enter into agreements with other Firms, consultants, individuals, or vendors for services similar to the services that are the subject of this Agreement. Firm further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

2. COMPENSATION

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2.1 Maximum Contract Amount. Firm 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 Dollars ($ ). 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 Firm wishes to receive payment, Firm 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 Firm 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 Firm’s profession.

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

3. SCHEDULE OF PERFORMANCE

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

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

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

3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Firm (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 Firm, within ten (10) calendar days of the commencement of such delay,

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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 Firm be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant'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 an initial period of four (4) years, ending on June 30, 2027 unless extended at the sole election of City for an additional two - (2) year extensions, ending on June 30, 2031.

4. COORDINATION OF PROJECT SERVICES

4.1 Firm’s Representative. The following principal of Firm is hereby designated as being the principal and representative of Firm authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith:
. 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 Firm and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Firm 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 Firm's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Firm 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 Firm, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Firm 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. Firm shall not contract with any other entity to perform the Project Services without prior written consent of City. If Firm is permitted by City to subcontract any part of this Agreement, Firm 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 Firm.

City will deal directly with and will make all payments to Firm. 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.

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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 Firm, 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 Firm or any surety of Firm 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 Firm a City employee. During the performance of this Agreement, Firm and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Firm 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 Firm shall at all times be under Firm’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Firm or any of its officers, employees, or agents, except as set forth in this Agreement. Firm, 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 Firm’s officers, employees, or agents or in fixing their number, compensation, or hours of service. Firm 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 Firm in its business or otherwise a joint venturer or a member of any joint enterprise with Firm.

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

City shall not be liable for compensation or indemnification to Firm, 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 Firm’s officers, employees, representatives, agents, or subconsultants or subcontractors, Firm 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 Firm or any officer, employee, representative, agent, subconsultant or subcontractor of Firm 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, Firm shall indemnify, defend, and

41 1367754.1
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 Firm 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, Firm and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Firm 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. Firm 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 Firm’s existing insurance policies do not meet the insurance requirements set forth herein, Firm 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, Firm 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 Professional Liability/Errors and Omissions Insurance ("PLI"). Firm shall obtain and maintain a policy of Professional Liability or Errors and Omissions Insurance appropriate to Firm’s profession with per-claim and aggregate limits of no less than Two Million Dollars ($2,000,000.00). Covered professional services shall specifically include all Project Services to be performed under the Agreement and the policy shall be endorsed to delete any exclusions that may exclude coverage for claims within the minimum PLI limits set forth herein for the Project Services to be performed under this Agreement.

42 1367754.1

5.2.1.1 The PLI policy shall be endorsed to delete any Contractual Liability Exclusion. The PLI shall include contractual liability coverage applicable to this Agreement. The policy must “pay on behalf of” the insured, and include a provision establishing the insurer’s duty to defend the insured.

5.2.1.2 If the PLI policy is written on a “claims-made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of all Project Services provided hereunder (the "PLI Coverage Period"). If any PLI policy is replaced, cancelled, non-renewed, discontinued, or otherwise terminated, or if the limits of a PLI policy are reduced or the available coverage depleted below the required minimum coverage amounts for any reason during the PLI Coverage Period, Firm shall immediately obtain replacement PLI coverage meeting the requirements of this Section

5.2.1. Such replacement coverage shall satisfy all requirements herein, and shall include coverage for the prior acts or omissions of Firm during the time period during which any Project Services were performed. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by West-Comm.

5.2.1.3 If the PLI policy is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Project Services provided for in this Agreement, whichever is later. In the event of termination of the PLI policy during this period, new coverage shall immediately be obtained, and written evidence of the policy shall be immediately provided to West-Comm, to ensure PLI coverage during the entire course of performing the Project services.

5.2.1.4 Firm shall not perform any Project Services at any time during which required types or amounts of PLI insurance are not in effect, and West-Comm shall have no obligation to pay Firm for Project Services performed while required PLI insurance is not in effect.

5.2.2 Commercial General Liability Insurance. Firm 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.

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

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5.2.4 Workers’ Compensation Insurance. Firm 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. Firm 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. Firm 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, Firm shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Firm provides written verification to the City that Firm does not have any employees.

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

5.4.1.1.1 Additional Insured Endorsements. Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Firm, 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.

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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 Firm 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. Firm hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Firm 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 Firm’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.)
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, Firm shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Firm shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.

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

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, Firm 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

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reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.

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

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

5.9 Insurance for Subconsultants. Firm shall either: (1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Firm as additional named insureds under the Firm’s insurance policies; or (2) Firm 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. Firm 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 Firm and its subconsultants and subcontractors, if any, pursuant to this Agreement:

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

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

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

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

5.10.5 Firm 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 Firm, provide the same minimum insurance coverage required of Firm. Firm 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. Firm 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 Firm agrees to provide immediate written notice to City of any claim, demand or loss against Firm 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, Firm shall defend (at Firm’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 Firm, 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 Firm 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 Firm.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Firm’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

47 1367754.1

7.1 Records. Firm shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Firm 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. Firm 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 Firm, 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 Firm 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. Firm may retain copies of such documents for its own use.

Firm shall have an unrestricted right to use the concepts embodied therein. Firm 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 Firm fails to secure such assignment, Firm 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 Firm, 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 Firm 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 Firm. 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

48 1367754.1
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 Firm, 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, Firm shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Firm 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 Firm.

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

8.6.2 If the Contract Officer determines that Firm is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Firm in writing of such default. If such default is capable of being cured, Firm 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 Firm 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. Firm 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 Firm 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 Firm 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 Firm for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Firm shall not limit Firm’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

49 1367754.1
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) calendar days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Firm, 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 Firm or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Covenant Against Discrimination. Firm 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. Firm 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 – .

50 1367754.1
To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.

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

Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Firm: Name of
Consultant Street
City, State, Zip Code
Email

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. Firm 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”). Firm agrees to fully comply with all

51 1367754.1
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, Firm shall bear all risks of payment or non-payment of prevailing wages under California law, and Firm 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]

52 1367754.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:

Shelley Hasselbrink
Mayor
APPROVED AS TO FORM.

Woodruff, Spradlin & Smart, APC
By:

Michael S. Daudt
City Attorney
ATTEST:

By:

Windmera Quintanar, MMC
City Clerk
“Firm”
Name of Firm
By:

Name
Title
Email
By:

Name
Title
Email

EXHIBIT “A”
1277023.1

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 11G
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Approval of the Request for Proposals (RFP) 2022-05 and Authorization to Bid for City Engineering and Traffic Engineering Services

SUMMARY
This report facilitates the solicitation of bids for contractual services to provide City Engineering and Traffic Engineering services.

RECOMMENDATION

1. Approve the Request for Proposals (RFP) 2022-05 for City Engineering and Traffic Engineering services, and;

2. Authorize staff to advertise and solicit bid proposals.

BACKGROUND
The Engineering Division is responsible for managing, scheduling and implementing the City’s Capital Improvement Program (CIP), as well as seeking grant opportunities for these projects. In addition, the engineering division spearheads the design and management of all infrastructure projects, when applicable, including major street rehabilitation, facility rehabilitation, park rehabilitation, landscaping, construction site inspections, and technical support to other City departments. The Engineering Division also provides technical expertise regarding street traffic within Los Alamitos, including traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.

The City’s current city engineering and traffic engineering services are provided by Willdan Engineering. In anticipation of the expiration of this agreement on June 30, 2023, staff is presenting a Request for Proposals (RFP) that will solicit city engineering and traffic engineering services and other related duties as directed by the Development Services Director, including but not limited to: consultation on City utilities and facilities (i.e., stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City’s Capital Improvement Program (CIP), provide permit review and inspection services, and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.

DISCUSSION
The purpose of this Request for Proposal (RFP) is to solicit and select a contractor to provide contractual services, which will augment City staff as it relates to the City’s Engineering

Division services. Under the direction of the Development Services Department, the selected contractor is expected to provide services in a cost-effective, efficient and professional manner, and to provide labor, tools, equipment materials and supplies necessary to complete work in a manner that will meet the City’s requirements.

The services requested by way of this contract include but are not limited to:

Administrative Services
a. Attendance at meetings of the City Council and Commission meetings. The City Engineer and Traffic Engineer shall attend all meetings or work sessions of the City Council and Commission meetings, as requested. Regular City Council meetings are held on the third Monday evening of each month. Various Commission meetings are held on the first, second, and fourth Wednesdays of each month. b. Advising Officials. The City Engineer shall advise City officials, employees, etc. through telephone conferences, meetings, and correspondence.
c. Consultation on City utilities and facilities. The City Engineer shall furnish advice of consultation on the operation, maintenance, permitting of the City’s water distribution (when applicable), stormwater drainage system, transportation system, and other Cityowned facilities under the direction of the Development Services Department. d. Consultation on development projects/permits. The City Engineer shall review project plans and proposals by private parties, for compliance with City code and other applicable requirements. The City Engineer shall meet with residents, contractors, developers, engineers, etc. as required.
e. Review and approve landscape plans (when applicable). f. Review and approve grading plans.

City Engineer
Consultant shall provide a qualified City Engineer for services. The City Engineer shall be responsible for the daily administration of engineering activities, and shall perform the following services, including but not limited to:
a. Function as the City Engineer as set forth in all applicable codes and regulations, and as specified in Federal and State law.
b. Provide 30 to 40 in-office working hours per week.
c. Review, approve and issue encroachment and wide-load permits. d. Maintain, amend and develop ordinances and regulations necessary to implement and enforce the latest editions of applicable laws.
e. Make determination on the approval and use of alternative materials and methods of construction.
f. Process and prepare Traffic Commission, Planning Commission and City Council reports and recommendations, and assist in the presentation on an as-needed basis. g. Assist other Divisions such as Code Enforcement and Planning, with the preparation of necessary documents when prosecution action is necessary to obtain compliance with any applicable codes and regulations.
h. Make final interpretations concerning the application of all pertinent right-of-way and

street safety codes.

Neighborhood Traffic Management
a. Work with the Development Services Director to address residential traffic circulation and safety issues.
b. Respond to requests from the public regarding traffic and parking issues. Requests will be viewed and evaluated to assess the situation and develop solutions to address the concern. Data will be collected to ensure the most appropriate measures and devices are utilized and to determine the resulting effectiveness. c. Respond to citizens and other stakeholder requests for traffic and/or parking information or improvements (traffic control devices, parking restrictions, schools, etc.). d. Participate in the planning and preparation of work orders for the installation, removal or replacement of traffic control devices, pavement markings and parking restrictions.

Prepare and document the decision-making process in conjunction with the Development Services Director.

Traffic Engineer
The scope of work will vary as need arises and will be at the discretion of the City. Provide Traffic Engineering services for various projects at the request of City staff. The request for services may include, but not limited to:
a. Traffic Engineer shall provide services on an as-needed basis. b. Conduct or review traffic engineering, traffic analysis, and transportation planning studies or project specific traffic related issues-analysis. c. Provide Traffic Division support (i.e., traffic counts and various assignments). d. Provide comprehensive analyses of existing and projected traffic conditions; roundabout analysis and design, intersection design, speed humps, and traffic data collection services.
e. Provide electronic traffic control device studies and design (signs, signals, pavement markings, and school zone flashers.
f. Perform pedestrian and bicycle studies including those to provide safe routes to school. g. Review subdivision or new development projects involving traffic impact analyses, transportation modeling, area-wide transportation studies and road impact fee analyses. h. Manage, coordinate and oversee the encroachment and wide load permits and plan checks and inspections.
i. Answer technical questions from the public, including inquiries regarding public right-ofway safety codes and regulations.

Perform plan checks.

Public Works Construction Projects
a. Analyze/study improvement projects. The City Engineer will be required to prepare preliminary engineering analysis, cost estimates and feasibility studies for various Public Works improvements.
b. Prepare bid/contracts. The City Engineer will be requested to prepare detailed plans,

specifications, bid and contract documents for Public Works construction projects. In addition, the City Engineer will prepare a final cost estimate, required applications of approval for construction by other governmental agencies, and assist the City in negotiating the acquisition of any necessary right-of-way or easement. c. Review bids. The City Engineer shall assist the City in the review of bids submitted for construction, in the selection of qualified contractors and in the inspection of construction work. The City Engineer will provide general supervision of the contract for Public Works construction projects.
d. Inspect for compliance and conditions of approval set forth by the City’s Development Services Department, Planning Commission, and/or City Council.

Capital Project Management
a. Identify capital projects. The City Engineer will identify current and possible future capital projects and document budget, scope, schedule, status, organizational responsibility (including other Professional Engineering Firms) and funding sources. b. Organize and prioritize all capital projects. The City Engineer will develop regular reporting and monitoring processes to ensure implementation and completion of scheduled project tasks.
c. Capital project tracking. The City Engineer will track and monitor project status and specific milestone completion. The City Engineer will facilitate discussions and decisions necessary to keep projects on schedule.
d. Identify and report significant deficiencies. The City Engineer will identify and report concerns regarding meeting capital projects goals to the Development Services Director on a monthly basis (or as-needed).

Term of the Agreement
Once a contractor is selected, a contract will be established for a term that will run for three (3) years, with a maximum of two – 2-year extensions for a possible total of seven (7) years.

The following is an approximate timeline for the awarding of the contract related to City Engineering and Traffic Engineering Services:

Request for Proposal Made Available Tuesday, November 15, 2022 Proposal Due at City Hall Thursday, January 12, 2023 at 10 a.m.

City Review of Proposals Monday, January 16, 2023 to Thursday, February 2, 2023
Interviews with Finalists Monday, February 6, 2023 to Thursday, February 9, 2023
City Council Consideration for Awarding Monday, March 20, 2023

FISCAL IMPACT

Funding for the specified services will be expended from the Development Services Department Budget Account No. 10-548-5260 for Fiscal Year (FY) 2022-2023.

Attachment: 1. RFP 2022-05 City and Traffic Engineering Services

Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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City of Los Alamitos
Request for Proposal (RFP) 2022-05
City Engineering and Traffic
Engineering Services
FOR
Development Services Department
Attn: Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, California 90720
(562) 431-3538, Extension 500
(562) 493-1255 Fax
Email: [email protected]
DATED: November 14, 2022
Deadline/Bid Opening Date:

Must be received by 10:00am
Thursday, January 12, 2023
RFP Available at http://www.cityoflosalamitos.org

Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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TABLE OF CONTENTS

CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

NOTICE INVITING SEALED PROPOSALS A

PROPOSAL RESPONSE REQUIREMENTS B

BACKGROUND AND PROJECT EXPECTATIONS C

SCOPE OF SERVICES D

PROPOSAL SCHEDULE E

PROFESSIONAL SERVICES AGREEMENT F

Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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SECTION A

NOTICE INVITING SEALED BIDS

CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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NOTICE INVITING PROPOSALS

CITY OF LOS ALAMITOS
Development Services Department
NOTICE OF REQUEST FOR PROPOSALS 2022-05
Sealed proposals will be received at the office of the City Clerk of the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California 90720 until 10:00 AM on Thursday, January 12, 2023.

CITY ENGINEERING & TRAFFIC ENGINEERING

SERVICES PROPOSAL
Proposals must be submitted on the City’s Request for Proposal Forms and submitted in sealed envelopes marked on the outside, “SEALED PROPOSAL FOR CITY ENGINEERING & TRAFFIC ENGINEERING SERVICES RFP 2022-05. DO NOT OPEN WITH REGULAR MAIL.”
The contract will consist of City Engineering and Traffic Engineering services and other related duties as directed by the Development Services Director, including but not limited to:
consultation on City utilities and facilities (i.e., stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City’s Capital Improvement Program, provide permit review and inspection services, and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits City of Los Alamitos
Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, CA 90720

Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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SECTION B

PROPOSAL RESPONSE REQUIREMENTS

CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SECTION I – PROPOSAL REQUIREMENTS
Proposal Response Requirements
The purpose of this Request for Proposal (RFP) is to solicit and select Consultant(s) to provide City Engineering and Traffic Engineering services and other related duties as directed by the Development Services Director, including but not limited to: consultation on City utilities and facilities (i.e., stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City’s Capital Improvement Program, provide permit review and inspection services, and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.

Responses must conform with the requirements of this RFP. The City reserve the right to waive any irregularity, informality or error in any proposal or in the RFP process or to reject any proposal, which does not comply with this RFP. All services provided by the Consultant shall be performed by individuals, who meet the qualification, standards, and requirements for the position. The successful Consultant(s) shall also have the resources to provide effective and timely services including providing customer service to the City of Los Alamitos.

Proposers shall submit Proposal on or before the Submittal Deadline. If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If no document can be identified as original bearing original signatures, Proposer's Proposal may be rejected at the discretion of the City.

Please submit six (6) color copies of the proposal, and in addition to the hard copies, an electronic copy on a flash drive shall be included with the proposal submittal. Proposal rate structure shall be submitted and clearly marked.

Proposals sent by telephone, e-mail or facsimile, will not be accepted. It is the sole responsibility of each proposer to ensure that its proposal reaches the City by the time and date specified. Once opened, all responses become public record and will be available to the public for review. Cost incurred by the Proposer in the preparation of the response to this RFP, is the sole responsibility of the respondent, and will not be reimbursed by the City.

It is imperative that all Consultant(s) responding to the RFP comply exactly and completely with the instructions set forth herein. Proposals must be concise but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on

Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the proposal. Proposal should be concise and be able to properly convey all information.

During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from the proposers. The City reserves the right to waive any irregularity, informality or error in any proposal or in the RFP process, or to reject any proposal, which does not comply with this RFP. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

All requests for information (RFI’s) shall be submitted to the City no later than Thursday, January 5, 2023 at 10 a.m.

Withdrawal of proposals shall not be permitted for a period of sixty (60) days after the date set for the opening thereof. The City reserves the right to reject any and all proposals.

Section II – Additional Proposal Response Requirements
A: Letter of Transmittal
Please include a brief introduction and history of your firm. Be sure to state why you believe that your firm is the best qualified to provide such services to the City of Los Alamitos.

B: Consultant Data
Please submit the following information:

1. Official firm name and address.

2. Name, address, telephone number and email address of the Proposer’s point of contact.

3. Indicate what type of entity (corporation, Consultant, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.

4. Federal Employer I.D. Number.

5. The address, telephone numbers, and fax numbers of each of your firm’s locations.

6. A detailed statement indicating whether Proposer is entirely or partially owned by another business organization or individual.

7. Number of years Proposer has been in business under the present business name.

8. All comparable contracts currently in effect.

9. Please describe areas of specialization provided by the Proposer.

Request For Proposal 2022-05
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City of Los Alamitos
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10. Any failures or refusals to complete a contract and explanation.

11. Financial interests in other lines of business.

12. Known conflicts of interest.

C: Proposal
The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required for the proposal to be organized, and contain all information as specified below:

1. Letter of Introduction, to include an understanding of the scope of services.

2. The firm’s approach to delivering the scope of services.

3. Brief Consultant profile and number of years the firm has been in business.

4. Provide the name of each City and Traffic Engineer proposed to provide services to the City, who will be the main contacts for the City. This individual is expected to remain the responsible engineer throughout the engagement. The lead Engineers must be licensed to practice in the State of California, and must have at least five (5) years’ experience practicing as an engineer with a practice focused on representation of local government(s).
• The successful Proposer may change the Management Contact, City Engineer, Traffic Engineer and other supporting staff and specialists with prior written permission of the City.

5. Location of principal office that will be responsible for the implementation of any contracts.

6. Description of the professional qualifications for the additional personnel who will be assigned to work in the City of Los Alamitos. While the Consultant(s) may propose any staffing scenario to effectively perform the services, the proposal shall identify the key personnel who will be assigned to perform the services and how, where, and when those services will be provided.

7. Provide the name, title, experience, qualifications, discipline, professional memberships/registrations, and resume of the personnel who will be assigned to the City, including any sub-consultants. Indicate the number of persons for each position, including their availability and time commitment and other resources proposed to provide services to the City of Los Alamitos, to fulfill the desired level of services reflected in the Scope of Services.

8. Provide examples of services or projects that the firm/company and Staffing Team Members are successfully working on or have completed, with preference to those assignments that have been completed within the past 5 years. • Summarize experience in the following areas:
a. General Municipal Engineering Services
b. Geotechnical Engineering Services

Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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c. Traffic and Transportation Engineering Services
d. Landscape Architectural Design Services
e. Construction Management/Inspection Services
f. Landscape Maintenance Assessment District (LMAD)
Inspection Services
g. Surveying Services
h. Storm Water Quality Services
i. Grant Funding Support Services

9. Describe the firm’s ability to control costs and provide accurate and timely invoices through internal control measures, to monitor and stay within budget, to monitor schedule and review times and describe the techniques used to complete projects within the proposed time frames.

10. Cost Proposal (including hourly rate) for Services. The method of payment upon negotiation of an agreement shall be monthly payments based upon satisfactory progress and the submission of requests for payments. This should include hourly billable costs of each team member; project manager, associate and various titles.

If fixed fee for compensation, payment subject to accepted percentage completion.

11. Accurate list of all personnel who have any relationship to work performed within the scope of this Agreement. List data shall indicate personnel by building(s) in which they are assigned to work, and must include full names.

12. Any other information, which should be considered, such as any special services or construction management philosophy, which define your firm’s practices.

13. If contracted in the future, the firm will be required to have professional liability insurance including liability at a minimum of one million per occurrence, worker’s compensation. The proposal shall state whether the firm could provide such insurance proof of coverage at time of any contract execution.

14. The firm will be required to have and provide proof of insurance and indemnify the City in accordance with the City’s insurance requirements. The proposal shall state that such insurances will be in force at time of contract execution.

15. Provide a list of five (5) reference who may be contacted to discuss their experience working with the firm/company on similar services. Please provide contact information including Organization, Name, Title, Address, Phone Number, E-mail, Description of Services Provided and Date of Completion.

16. Proposer shall describe the steps to be taken during the transition period from the existing provider prior to the start of the contract period. The Proposer should provide examples where the consultant has made a similar transition from another contract provider and the methods that the consultant utilized in achieving this transition.

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The City of Los Alamitos reserves the right to accept or reject any and all proposals, or any portion of any proposal, or to waive any irregularities or informalities in the proposal or in the proposal process, or to make the award on the basis of that item or combination or items which, in its opinion, serves the best interest of the City. Services shall not commence until the Professional Services Agreement is executed by the City. Responses to this Request for Proposal become the property of the City.

Section III - General Conditions

3.1 Authorized Signatures
Every Proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a Proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the Proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the Proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the Proposal, the Proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation.

3.2 Award of Proposal
Award will be made to the Proposers offering the most advantageous Proposal after consideration of all criteria set forth in this RFP. The criteria are not listed in any order of preferences. An Evaluation Committee will be established by the City. The Committee will evaluate all Proposals received in accordance with the Evaluation Criteria. The City reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and evaluation scores will not be released until after award of Request for Proposal. The City shall not be obligated to accept the lowest priced Proposal but will make an award in the best interests of the City after all factors have been evaluated.

Discussions may, at the City's option, be conducted with responsible Proposers who submit Proposals determined to be potentially selected for an award. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of Proposals. In conducting discussions, the City will not disclose information derived from Proposals submitted by competing Proposers.

3.3 Cancellation of Solicitation
The City may cancel this solicitation at any time.

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3.4 City of Los Alamitos Business License
Consultant and its Sub-Consultants are required to maintain an active City business license for the duration of this Agreement.

3.5 Annual Payment to the City
Firm is to provide the City with an annual payment of $15,000, to support City events and infrastructure (i.e., street and other public right-of-way spaces) education and outreach. This payment is due at contract execution and each successive July 1st throughout the term of this Agreement.

3.6 Compliance with Laws
All Proposals shall comply with current federal, state, and other laws relative thereto.

3.7 Contract Documents, Examination Of
It is the responsibility of the Proposer to thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, and addenda (if any), referred to as Contract Documents. Proposer shall be satisfied as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the solicitation or contract. The submission of a Proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the Proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.

3.8 Costs
The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the Proposal or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.

3.9 Cost of Living (CPI) Increase
Only at the time of the Agreement’s scheduled renewals, will the Consultant be eligible to request CPI increase of up to 5%.

3.10 Disqualification of Proposer
If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one Proposal for the same work unless alternate Proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the

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rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion.

3.11 Interpretation of Request for Proposals
City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or any contract documents, or finds discrepancies or omissions in the specifications, he or she may submit to the City a written request for an interpretation or correction. The written request for clarifications shall be submitted no later than Thursday, January 5, 2023 at 10 a.m. Oral statement(s) interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid.

Requests for Interpretations (RFI’s) shall be made in writing and delivered to Development Services Director, City of Los Alamitos, 3191 Katella Avenue, Los Alamitos CA 90720.

The requesting party is responsible for prompt delivery of any requests.

When the City considers interpretations necessary, interpretations will be in the form of an addendum to the Contract Documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received Contract Documents. All such addenda shall become a part of the contract. It is the responsibility of each Proposer to ensure the City has their correct business name and address on file. Any prospective Proposer who obtained a set of Contract Documents is responsible for advising the City that they have a set of Contract Documents and wish to receive subsequent addenda.

3.12 Irregularities
City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Council.

3.13 Pre-Contract Costs
The City shall not be responsible or liable for any pre-contract costs incurred by the firm responding to this RFP and/or participating in the selection process.

3.14 Non-Exclusive Contract
The successful Proposer will enter into a non-exclusive contract and the City reserves the right to enter into agreements with other firms for services.

3.15 No Obligation
The release of this RFP does not obligate nor compel the City to enter into a contract or agreement.

3.16 Offers of More Than One Price
Proposers are NOT allowed to submit more than one Proposal.

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3.17 Proposal, Rejection Of
The City reserves the right to reject any or all Proposals or any part of a Proposal. The City reserves the right to reject the Proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.

3.18 Proprietary Information
Proposal must NOT be marked as confidential or proprietary. City may refuse to consider a Proposal so marked. Information in Proposals shall become public information and is subject to disclosure laws.

3.19 Public Opening
There will be a public opening of Proposals. Prices and other Proposal information shall not be made public until the Proposal is awarded. At that time the submitted Proposal information and executed contract will become public information.

3.20 Severability
If any provisions or portion of any provision, of a contract are held invalid, illegal or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable.

3.21 Sub-Consultant Information
If the Proposal includes the use of Sub-Consultants, Proposer must identify SubConsultants and the specific requirements of this RFP for which each proposed SubConsultants would perform services.

3.22 Sub-Consultant References
For all Sub-Consultants that will be used on this project, Proposers must provide a minimum of three references from similar projects performed for any local government clients within the last three years. Information provided shall include:

A. Client name

1. Project description

2. Dates (starting and ending)

3. Technical environment

4. Staff assigned to reference engagement that will be designated for work per this RFP

5. Client project manager's name and telephone number.

3.23 Terms of An Offer

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The City reserves the right to negotiate final contract terms with any selected Proposer.

The City's standard form Professional Services Agreement (PSA) shall be used, and includes other provisions not described here. A standard Professional Services Agreement is attached for reference. Please review this very carefully and note in the body of your response any exceptions or alterations to the agreement. Alterations or changes to the agreement which were not in the Consultant’s proposal will not be made after the selection of the Consultants. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: any executed contract, the RFP, any modifications and clarifications to the awarded Proposer’s Proposal, and the awarded Proposer’s Proposal. Specific exceptions to this general rule may be noted in an executed contract. Proposer understands and acknowledges that the representations above are material and important, and will be relied on by the City in evaluation of the Proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the Proposal.

3.24 Withdrawal of Proposal
Proposers’ authorized representative may withdraw Proposals only by written request received by the City Manager before the Proposal Submittal Deadline.

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SECTION C

BACKGROUND AND PROJECT EXPECTATIONS

CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

4.0 BACKGROUND AND PROJECT EXPECTATIONS
The purpose of this Request for Proposal (RFP) is to solicit and select Consultant(s) to provide City Engineering and City Traffic Engineering services, and other related duties as directed by the Development Services Director, including but not limited to: consultation on City utilities and facilities (i.e., stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City’s Capital Improvement Program, provide permit review and inspection services, plan check reviews and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.

The City’s Development Services Department provides a broad spectrum of services to the community in areas of Building & Safety, Code Enforcement, Economic Development, Engineering, Planning and Public Works. This Department also manages, reviews, and approves developmental plans affecting roadways, and other right-of-way spaces, located within the City boundaries.

Within the Development Services Department, the Engineering Division is responsible for managing, scheduling and implementing the City’s Capital Improvement Program, as well as seeking funding for these projects. In addition, the Engineering team leads the design and management of all City funded public right-of-way construction project. This would include major street repairs, construction site inspections, and technical support to other City departments. Dedicated to helping identify solutions that improve the infrastructure of City streets, the Engineering Division provides technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.

The City’s current contract will expire on June 30, 2023.

4.1 USE OF SUB-CONSULTANTS
The City is committed to selecting an excellent team that will produce a high quality work product, and deliver a high level of customer service. Should the use of sub-consultants be proposed by the proposing firm, they shall be clearly identified and included as part of the proposal in response to this RFP.

4.2 PROPOSAL REVIEW PROCESS & SCHEDULE
The City of Los Alamitos will review all proposals received by the submittal deadline indicated in this RFP. Proposals that do not meet the minimum requirements of this RFP will be rejected.

The City reserves the right to select the firm that best meets the overall needs and offers the best overall value to the City based on a variety of criteria, including but not limited to, experience

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of the team, quality of work product, customer service delivery, and not solely on the lowest cost of services. It is anticipated that following interviews, the City will identify a preferred firm to enter contract negotiations. Upon successful negotiations with the preferred firm, an Agreement will be presented to the City Council for consideration.

The following is the anticipated scheduled for the awarding of this RFP:

Request for Proposal Made Available Tuesday, November 15, 2022 Proposal Due at City Hall Thursday, January 12, 2023 at 10 a.m.

City Review of Proposals Monday, January 16, 2023 to
Thursday, February 2, 2023
Interviews with Finalists Monday, February 6, 2023 to
Thursday, February 9, 2023
City Council Consideration for Awarding Monday, March 20, 2023 *Dates subject to change at the sole discretion of the City.

RFP INQUIRIES
All inquiries, questions, and requests for information related to this RFP should be directed to Ron Noda, Development Services Director, via email at [email protected] and will only be accepted until Thursday, January 5, 2023 at 10 a.m.

Changes in the contract and corresponding changes in compensation may be implemented upon mutual written agreement of the City and the Consultant. The City reserves the right to add or delete services at any time with 30 days written notice to Consultant. If additional services are requested, the Consultant is required to provide a cost estimate detailing them as an attachment to the proposal along with prices, where applicable, which may be offered as an addendum for the term of this contract agreement.

All work determined by the City to be defective or deficient in any of the requirements shall be remedied by the Consultant at the Consultant’s expense and in a manner acceptable to the City.

City reserves the right to deduct from the payments due or to become due to the Consultant for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City inspection record for the project, with associated deduction calculation will be furnished to the Consultant prior to a deduction being made.

The Consultant shall adhere to all currently applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL-OSHA, California Department of Industrial Relations, the California State Department of Health Services, FEDOSHA, EPA and the Material safety Data Sheets (MSDS) standards.

It is the intent of the City to award a contract for provide building and safety services, including City Engineering and City Traffic Engineering services, and other related duties, in form approved by the City Attorney. The City reserves the right to further negotiate the terms and

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conditions of the Agreement. The City shall preserve the right to reject any proposal for noncompliance with Agreement requirements and provisions, or to not award an agreement because of unforeseen circumstances or if it is determined to be in the best interest of the City.

This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This Agreement may not be awarded to the lowest respondent. The City Council will approve, as part of the annual City budget, with a specified project budget.

A. Definitions
Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Los Alamitos is intended unless otherwise stated. As used herein, “provide” shall be understood to mean “provide complete”, in total. The word “facility” as used hereinafter shall be understood to mean the location receiving the service. The use of the words “Consultant” shall be held to mean the Consultant and/or any person employed by them and working under the agreement to the awarded Consultant.

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SECTION D

SCOPE OF SERVICES

CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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5.0 SCOPE OF SERVICES
The purpose of this Request for Proposal (RFP) is to solicit and select Consultant(s) to provide City Engineering and City Traffic Engineering services, and other related duties as directed by the Development Services Director, including but not limited to: consultation on City utilities and facilities (i.e., stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City’s Capital Improvement Program, provide permit review and inspection services, plan check reviews, and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.

The following Scope of Services represents the services and responsibilities the successful proposer will be expected to provide and perform. Please indicate the skills, ability, and or/services which distinguish the firm to make it the best choice for the City. Additional services or tasks which, in your opinion, should be included must be clearly identified. Conversely, requested services or tasks which, in your opinion, should not be included, or are specifically excluded from the proposal, must also be clearly identified.

The final Scope of Services, as may be modified through negotiations and/or by written addendum issued by the City, will be made part of the Agreement with the successful proposer.

1. Administrative Services
a. Attendance at meetings of the City Council. The City Engineer and Traffic Engineer shall attend all meetings or work sessions of the City Council, as requested. Regular City Council meetings are held on the third Monday evening of each month.
b. Advising Officials. The City Engineer shall advise City officials, employees, etc. through telephone conferences, meetings, and correspondence. c. Consultation on City utilities and facilities. The City Engineer shall furnish advice of consultation on the operation, maintenance, permitting of the City’s water distribution (when applicable), stormwater drainage system, transportation system, and other City-owned facilities under the direction of the Development Services Department.
d. Consultation on development projects/permits. The City Engineer shall review project plans and proposals by private parties, for compliance with City code and other applicable requirements. The City Engineer shall meet with residents, contractors, developers, engineers, etc. as required.
e. Review and approve grading plans.

1. Shall include, but not limited to the following:
a. Ensure conformance with City codes, written policies, grading ordinances, the County of Orange grading
manual and standard specifications. The review will
also assure conformance with the approved Tentative

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Map and Conditions of Approval for the project.

Hydrology and hydraulic calculations will be reviewed
for conformance with the Orange County Flood Control
District methodology for any proposed storm drain
systems and detention basins.
b. Precise Grading Plans will be checked to verify positive drainage to an approved outlet.
c. Erosion control measures for manufactured slopes will be reviewed to verify that the landscaping and irrigation measures are adequate.
f. Review and approve landscape plans (when applicable).

1. Shall include, but not limited to the following:
a. Working knowledge of City codes, regulations, and
permit requirements.
b. Program development
c. Feasibility studies
d. Investigation reports
e. Reports and restoration and maintenance
f. Conceptual design
g. Project design
h. Specifications
i. Design reviews
j. Project drafting, including CADD work
k. Cost estimating
l. Construction support services
m. Trees and other plant evaluation
n. Soils testing and report
o. Environmental documentation preparation (i.e., CEQA) p. Inspections
q. Plan Check
g. Erosion Control Plans (when applicable) will be reviewed to ensure erosion and sedimentation measures comply with the Best Management Practices listed in the Storm Water Pollution Prevention Plans, in compliance with the National Pollution Discharge Elimination System (NPDES) and Water Quality Management Plan (WQMP) requirements.
h. Landscape and irrigation review for parks, parkways, medians, and all areas that have landscaping (as-needed).
i. Review, check and make recommendations regarding land use applications

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within ten (10) working days of receipt.
j. Assist with the preparation of dedications, lot splits, lot line adjustment, zoning maps, and any other subdivision maps and documents administration as deemed necessary by the City. Must be assured to be in compliance with applicable provisions of the Subdivision Map Act, the City’s Conditions of Approval, Land Surveyor’s Act, and any other applicable local, state and federal laws. k. Assist and implement as-needed emergency work as directed by City staff. l. Coordinate with other agencies and utility companies on engineering matters. m. Prepare CAD exhibits, complex Microsoft Excel spreadsheets, Microsoft Word documents, PowerPoint presentations, as directed, for any needed engineering functions.
n. Assist with Pavement Management Program.
o. Provide permit review and inspection services. The City Engineer shall be available to review various types of permit applications for private utility improvements, oversized/overweight vehicles, residential improvement and other common permit applications. The City Engineer shall conduct site inspections associated with such permits and applications needed. p. Funding/Grants/Budget - Includes but not limited to:
i. Ensure funding compliance, such as with Measure M
ii. Prepare Measure M mid-year project review
iii. Assist in the Capital Improvement Program (CIP) project budget preparation – analyze City’s needs and prepare short and long-term CIP recommendations.
iv. Assist in the tracking and accounting of project funds including revenue sources, expenditures, and project account shortfalls/surpluses. q. Provide Geotechnical Engineering Services (when applicable). Key professional staff must be properly registered/licensed/certified to practice in California as Professional Engineers (PE), Geotechnical Engineers (GE), and Certified Engineering Geologists (CEG). Typical specialties/knowledge required includes, but are not limited to: pavement evaluation, construction material testing, geotechnical investigation and reporting and hazardous materials assessment and related services.
r. Construction inspection and contract administration shall be in accordance with but not limited to:

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i. The Greenbook Standard Specifications and Standard Plans for Public Works Construction.
ii. The project plans and special provisions.
iii. Caltrans Construction Manual.
iv. Manual of Traffic Controls for Construction and Maintenance Work Zones.
v. The City shall decide all questions that may arise as to the quality or acceptability of deliverables furnished and work performed for this contract.
s. At the firm’s own cost, Consultant will provide and maintain all vehicles and equipment required or necessary to carry out inspections, field, and in-office duties of the Engineering Division.
t. On an on-call basis, consultant is to provide services for additional staff to include but not limited to Landscape Architect, Labor Compliance Manager, Assistant Planner, Project Manager, Labor Compliance Specialist, Geotechnical Specialist and a Public Works Superintendent.
u. Surveying services (as-needed) including but not limited to boundary surveys, record of surveys map preparation, right-of-way acquisition, settlement monitoring, GPS/Geodetic control surveys, and topographic surveys. v. Assist in consultant contract management where no conflicts of interest exist. w. Provide hydrology and hydraulic/drainage reports, models and studies. x. Manage a variety of challenging multidisciplinary project from budget inception through construction.
y. Prepare and secure environmental documentation for CIP projects. z. Obtain easements (when applicable).

2. Engineering Design and Construction
a. Assist in consulting contract management where no conflicts of interest exists. b. Prepare and process Requests for Proposals (RFP) and help to conduct consultant selection processes per City policy.
c. Provide hydrology and hydraulic/drainage reports, models, and studies (when applicable)
d. Prepare plans, specifications, engineering design calculations, and cost

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estimates.
e. Coordinate design and construction activities with City departments, other agencies, citizens, and regulatory agencies.
f. Manage a variety of challenging multidisciplinary projects from budget inception through construction.
g. Ensure delivery of projects within scheduled and budget. h. Prepare and secure environmental permits for CIP projects. i. Obtain easements.
j. Provide public outreach coordination and exhibits.
k. Provide utility coordination and notifications for a variety of projects. l. Perform project and construction management activities for a variety of projects.

Negotiate and offer recommendations to City staff regarding change orders and consultant contracts.
m. Ensure Labor Compliance requirements are satisfied when applicable.

3. City Engineer
a. Consultant shall provide a qualified City Engineer for services. The City Engineer shall be responsible for the daily administration of Engineering activities, and shall perform the following services, including but not limited to:
i. Function as the City Engineer as set forth in all applicable codes and regulations, and as specified in Federal and State law. ii. Provide 30 to 40 in-office working hours per week.
iii. Review, approve and issue encroachment and wide-load permits. iv. Maintain, amend and develop ordinances and regulations necessary to implement and enforce the latest editions of applicable laws. v. Make determination on the approval and use of alternative materials and methods of construction.
vi. Process and prepare Traffic Commission, Planning Commission and City Council reports and recommendations, and assist in the presentation on an as-needed basis.
vii. Assist other Divisions such as Code Enforcement and Planning, with the preparation of necessary documents when prosecution action is necessary to obtain compliance with any applicable codes and regulations.

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viii. Make final interpretations concerning the application of all pertinent right-of-way and street safety codes.
ix. Meet with developers, homeowners, business owners, engineers and the general public at the City or in the field, as the need dictates to resolve grievances and/or respond to questions and ensure timely project processing in compliance with Federal, State and City laws and ordinances.
x. Ensure all public works/engineering related activities are entered into the City’s tracking system in an accurate, complete and timely manner. b. Within the first thirty (30) days of the Agreement, the Consultant shall assemble and review all existing City policies, ordinances, and conditions pertaining to the Engineering operations, and document any areas of insufficient, incomplete or missing information. Based on this review, the Consultant shall develop a timetable for the preparation or revision of policies, ordinances and conditions, and present a report to Development Services Director for consideration.

4. Neighborhood Traffic Management
i. Work closely with the Development Services Director to address residential traffic circulation and safety issues.
ii. Respond to requests from the public regarding traffic and parking issues.

Requests will be viewed and evaluated to assess the situation and develop solutions to address the concern. Data will be collected to ensure the most appropriate measures and devices are utilized and to determine the resulting effectiveness.
iii. Respond to citizens and other stakeholder requests for traffic and/or parking information or improvements (traffic control devices, parking restrictions, schools, etc.).
iv. Participate in the planning and preparation of work orders for the installation, removal or replacement of traffic control devices, pavement markings and parking restrictions. Prepare and document decision making process in conjunction with the Development Services Director.

5. Traffic Engineer
a. The scope of work will vary as need arises and will be at the discretion of the City. Provide Traffic Engineering services for various projects at the request of City staff. The request for services may include, but not limited to:
i. Traffic Engineer shall provide services on an as-needed basis.

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ii. Conduct or review traffic engineering, traffic analysis, and transportation planning studies or project specific traffic related issues analyses. iii. Provide Traffic Division support (i.e., traffic counts and various assignments).
iv. Provide comprehensive analyses of existing and projected traffic conditions; roundabout analysis and design, intersection design, speed humps, and traffic data collection services.
v. Provide electronic traffic control device studies and design (signs, signals, pavement markings, and school zone flashers.
vi. Perform pedestrian and bicycle studies including those to provide safe routes to school.
vii. Review subdivision or new development projects involving traffic impact analyses, transportation modeling, area-wide transportation studies and road impact fee analyses.
viii. Traffic signal design including plans, specifications, engineer’s cost estimate and contract bid documents (for projects that are bid) for new permanent signal installation and modifications to existing signals and flashing beacon, signal interconnect installation and Traffic Management Center (TMC) enhancement.
ix. Speed data analysis intersection control studies including multi-way stop control and traffic signal or alternatives, safety studies, and miscellaneous traffic engineering services.
x. Perform technical studies to support Active Transportation and Safe Routes to School programs.
xi. Provide technical support for Transportation System Management and Operations (TSMO).
xii. Prepare or review stage construction and worksite traffic control plans (when applicable).
xiii. Transportation, roadway, and Complete Streets design including construction drawings or plans, specifications, engineer’s cost estimate and contract bid documents.
xiv. Construction management and inspection support for roadway improvement and transportation projects.

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xv. Assist and provide technical assistance in identification and preparation of various traffic and roadway improvement grant opportunities and applications.
xvi. Process and prepare Traffic Commission, Planning Commission and City Council reports and recommendations, and assist in the presentation on an as-needed basis.
xvii. Traffic Signal System Operations system management. xviii. Provide Traffic Data Collection (on an as-needed basis). b. Traffic Engineer services will be on an as-needed basis. The Consultant is responsible for acknowledging receipt of requests for services within two (2) working days. Traffic engineering services not specifically identified in previous subtasks, may be performed by the Consultant at the discretion of the City Engineer and Development Services Director.

6. Plan Check Services
i. Manage, coordinate and oversee the encroachment and wide load permits and plan checks, and inspections.
ii. Answer technical questions from the public, including inquiries regarding public right-of-way safety codes and regulations. iii. Perform plan checks.
iv. Assist in more difficult inspections, in addition to other duties as assigned.
v. Staffing provided by the Consultant must ensure that all City Engineering inspections and plan reviews are conducted in an efficient courteous manner that is responsive to the City and community needs. b. Confirm type of construction, and review construction specifications to determine satisfaction of safety requirements.
c. Check for compliance with applicable codes adopted by the City, and any applicable adopted local amendment, State of California codes or regulations. d. Calculate encroachment permit and plan check fees, and review permit issuance. e. Review and evaluate engineering geology and geotechnical engineering reports.

Provide City staff with specific recommendations regarding the acceptability of such reports and provide detailed review comments to bring the report in

Request For Proposal 2022-05
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City of Los Alamitos
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compliance with City requirements, as it relates to all level of development. i. Review foundation and grading plans for proposed development projects, to ensure compliance with applicable geotechnical recommendations.
f. Provide expedited plan check when requested by the City.

7. Public Works Construction Projects
a. Analyze/study improvement projects. The City Engineer will be required to prepare preliminary engineering analysis, cost estimate and feasibility studies for various Public Works improvements.
b. Prepare bid/contracts. The City Engineer will be requested to prepare detailed plans, specifications, bid and contract documents for Public Works construction projects. In addition, the City Engineer will prepare a final cost estimate, required applications of approval of the construction by other governmental agencies, and assist the City in negotiating the acquisition of any necessary rightof-way or easement. c. Review bids. The City Engineer shall assist the City in the review of bids submitted for construction, in the selection of qualified contractors and in the inspection of construction work. The City Engineer will provide general supervision of the contract for Public Works construction projects. d. Inspect for compliance and conditions of approval set forth by the City’s Development Services Department, Planning Commission, and/or City Council. e. Coordinate with various City and County agencies and departments, including but not limited to the Orange County Sanitation District (OCSD) and the Rossmoor-Los Alamitos Sewer District, and the other governmental agencies providing services, and/or having jurisdiction over any aspects of a development project in order to obtain compliance with the applicable public right-of-way safety code regulations.
f. Enforce conditions of approval associated with discretionary permits regarding building and safety regulations, as adopted by the City. g. At the Consultants sole expense, provide all vehicles, fuel, maintenance and other equipment necessary for field personnel to carry out inspections and all required duties.
h. Provide special inspections by qualified inspectors and conduct investigations as directed by the City, including field and office research and the preparation of letters and/or documents.

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City Engineering & Traffic Engineering Services
City of Los Alamitos
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i. Provide inspection, investigation, and enforcement for violations to all applicable safety codes and regulations, as well as other adopted City ordinances, which relate to building and safety issues.

8. Capital Project Management
a. Identify capital projects. The City Engineer will identify current and possible future capital projects and document budget, scope, schedule, status, organizational responsibility (including other Professional Engineering Firms) and funding sources.
b. Organize and prioritize all capital projects. The City Engineer will develop regular reporting and monitoring processes to ensure implementation and completion of scheduled project tasks.
c. Capital project tracking. The City Engineer will track and monitor project status and specific milestone completion. The City Engineer will facilitate discussions and decisions necessary to keep projects on schedule.
d. Identify and report significant deficiencies. The City Engineer will identify and report concerns regarding meeting capital projects goals to the Development Services Director on a monthly basis (or as-needed).
e. Monitor budgets. The City Engineer will process payments including Gas Tax and other grant funding, monitor budget expenditures and assist with the review of contracts, proposals, invoices and Purchase Orders (PO). f. Document management. The City Engineer will create and store computer files, computer copies, and other types of records and files of work performed for the City using the systems designated by the Development Services Director. g. Ensure all applicable local, state and federal laws are adhered to including prevailing wages.
h. Provide public information regarding encroachment and wide load permit applications, plan check, inspection services and related matters. i. Establish, maintain, and update all forms in compliance City requirements, regulations, adopted standards, State or other laws and ordinances necessary for the operation of the Building Division, including “hand-out” sheets, which explain procedures identified as being provide by the City. j. All approval stamps, applications, forms and other documents used in providing Engineering Services to the City shall be identified with the City seal and other identification indicating that the approval stamps, applications, and documents are from the City of Los Alamitos. All of the stamps, applications, forms, and

Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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other documents or supplies shall be the property of the City (costs for the provisions of these processing tools and supplies shall be the responsibility of the City).

The professional services consulting agreement entered into by and between the City and City Engineering and Traffic Engineering services shall specify the scope of included services. The City reserves the right to enter into additional agreements with the City Engineer for specified projects (e.g., the design or construction observation of major public improvements), to contract with third parties for such services, or if within the scope of the City Engineering and Traffic Engineering services agreement, utilize the same to provide for such services.

9. Performance Standards & Monitoring
a. The Consultant shall be responsible for providing monitoring information to the City, that shows achievement of the performance standards and that personnel are providing helpful and courteous services to customers. The monitoring may include, but is not limited to, customer feedback through written questionnaires and interviews and observations at the building counter and during building permit inspections, and monthly statistical reports.
b. City has established Performance Standards that are to be applied to the processing of plan checks, permits, and general service to the public that interacts with the Development Services Department. These Performance Standards are described in subsection c below. The Consultant recognizes the targets established in the Performance Standards, and will adhere to these measures in the performance of its services for the City. The City reserves the right to add, amend, or eliminated Performance Standards at any time during the term of this Agreement. The City may use the Performance Standards to gauge the effectiveness of the Consultant’s service to the City. At the City’s request, the Consultant shall be responsible for providing monitoring information which shows that personnel providing services to the City are achieving the Performance Standards.
c. Consultant shall provide services, which meet the following maximum expected turn-around times for plan check and inspection services. In practice, Consultant shall provide these services with the fastest turn-around time feasible.

Additionally, the following Performance Standards shall be used as a guide to determine staff levels:
i. Plan Check

1. The review of all wide load permits shall be completed within three (3) working days or less from the date of submittal.

2. The review of all encroachment permits shall be completed

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City Engineering & Traffic Engineering Services
City of Los Alamitos
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(including traffic control plan review, when applicable) within seven (7) working days or less from the date of submittal.

3. The review of plans submitted for review shall be completed within ten (10) business days for the first check; and five (5) business days for each subsequent re-submittal.
ii. Inspection

1. As special circumstances dictate, after hour or weekend inspections will be conducted.

2. At all times, the City Engineer and/or the responding team member, shall conduct themselves in a courteous and
professional manner and utilize the phone to help coordinate and narrow inspection times and applicants.
iii. Counter

1. Provide service and support for the counter as needed during Engineering office hours Monday through Thursday, excluding City recognized holidays. Counter hours may be subject to a reasonable change by the City. Working days are subject to change at the discretion of the City to a 5 days a week/8-hour schedule, with thirty (30) day noticing to Consultant.

2. Answer the Engineering phone when not with a customer, and return telephone calls within two hours. Respond to all email inquiries within the one working day.

3. On an as-needed basis, assist the City in providing or updating any Engineering Division information to the City’s website. iv. Reference Materials – Consultant shall utilize the following documents however, the Consultant shall make use of additional reference material as appropriate. Consultant shall also be responsible for ensuring the most recent version of all reference materials are used, including any addenda and errata.
a. CEQA Determination
b. Regulatory Permits
c. Caltrans Highway Design Manual
d. Caltrans Local Assistance Procedures Manual
e. A Policy on Geometric Design and Highways and Streets (AASHTO)
f. California Regional Water Quality Control Board

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City Engineering & Traffic Engineering Services
City of Los Alamitos
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Requirements
g. California Manual of Uniform Traffic Control Devices (CA MUTCD)
h. APWA Standard Specifications for Public Works
Construction, “Greenbook” (general, miscellaneous 7
Roadway items).
i. City Standard Drawings and Specifications
j. Applicable State of California, Federal, and Local Codes and Manuals
k. Construction Best Management Practices (BMP’s)
l. Caltrans Standard Plans
m. Caltrans Standard Plans
n. Caltrans Filing System
o. Caltrans XS Sheets
p. Caltrans Standard Specifications, Standard Special
Provisions and Reference Specifications
q. All drawings shall be prepared in AutoCAD format
r. All dimensions shall be English units.

Note: The above listing of standards is not in order of precedence.

10. Staffing Levels And Cost Of Services
a. Identify the number of persons for each position that would be assigned to the City to provide the requested services. Indicate by the name and title those persons that will be providing City Engineering and Traffic Engineering services. Clearly indicate if each person will be assigned to the City full-time, part-time, as-needed, off-site, and whether persons assigned will be providing multiple services (i.e., Administration and Plan Checks).

11. Transition from Current Services
a. Consultant is to review City forms, procedures, and policies immediately and will recommend any deficiencies to the City that necessitate modifications. Any action is to be coordinately with City Management first prior to implementing any changes.
b. Consultant is to work alongside the City’s current service provider for Engineering Services for a minimum of four (4) weeks, prior to the conclusion of the City’s current contract to ensure a smooth transition. c. Identify how past and existing projects and administrative tasks will be handled, along with related responsibilities for issuance and/or inspection. d. Assure proper records transfer.
e. Develop timing/schedule for transition.
f. Implement progress/monitoring reports.
g. Establish meeting schedules to assess transition.

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City Engineering & Traffic Engineering Services
City of Los Alamitos
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5.1 Consultant Staff
It is essential that the Consultant provide adequate experienced and certified personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Consultant must agree to assign specific individuals to the key positions.

A. The Consultant agrees that once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.

B. If key personnel are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Consultant shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.

C. The Consultant shall provide qualified English-speaking supervision in all areas of operations. The Supervisor shall be accessible to City staff via email, phone or in-person as necessary. The Consultant shall furnish only employees who are authorized, competent and skilled for work under this contract. Should it be determined by the City that the quality of work provided is substandard, at its discretion; the City may request the presence of a Supervisor during business hours.

D. The Consultant(s) shall provide sufficient staffing to perform all work in accordance with the specifications set forth herein.

E. The City may, at any time, give the Consultant(s) notice to the effect that the conduct or action of a designated employee of the Consultant(s). The Consultant shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and the Consultant(s) shall take reasonable measures under the circumstancesto remedy and improve the situation presented.

F. Assure the City that the conduct and activities of the Consultant's employee(s) will not be detrimental to the interest of the City or public.

G. The Consultant shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and to the public, the name of the Consultant. The identification system shall be furnished at the Consultant's expense and may include appropriate attire and name badges as specified by the City.

H. The Consultant shall direct their employees against the unauthorized

Request For Proposal 2022-05
City Engineering & Traffic Engineering Services
City of Los Alamitos
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reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property,such as: telephones, radios, copy machines, computers, fax machines, etc.

Consultant will provide on-call services for job descriptions including but not limited to Project Manager, Designer, Assistant Engineer, Public Works Inspector, Survey Analyst, and Special Inspection.

5.1 Dress Code and Appearance
The Consultant(s) shall require each of its employees to adhere to industry standards of work ethics and attire. Shirts shall be worn at all times, and shall be buttoned and tuckedin. No caps with insignias or designs other than the Consultant's logo may be worn, and no caps shall be worn backwards.

5.2 Contract Enforcement
The Consultant(s) or its authorized representative shall meet with the Development Services Director quarterly, or more, at the discretion and convenience of the City.

The City reserves the right to perform audits at any time for the purpose of monitoring performance. The Consultant shall cooperate with City, representative(s) in the review and monitoring of Consultant's performance, and procedures.

In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action.

5.3 Term of Agreement
The term of the Agreement is expected to commence on July 1, 2023. The initial term of the Agreement is anticipated to be for three (3) years, with two possible – two (2) year extensions, at the sole discretion for renewal by the City.

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SECTION E

PROPOSAL SCHEDULE

CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

37 1367754.1

SECTION E PROPOSAL

SCHEDULE

CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

Job Description Hourly Rate
City Engineer
Geotechnical Manager
Landscape Architect
Labor Compliance Manager
Traffic Engineer
Project Manager
Public Works Superintendent
Proposal A Schedule Total: $
Proposal B – Rate and Services Structure for Sub-Consultant(s)

Proposal B Schedule Total: $
Sub-Consultant(s) Hourly Rate

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The Consultant 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 A & B Total: $
Proposal Schedule Total (in word):

Consultant is to include a Proposer’s Schedule for on-call services. The City requires all compensation proposals to be submitted in the format below. The Fee Schedule shall include:

1. Personnel consistent with the organizational chart.

2. Position/title in Company.

3. License held.

4. Hourly Rate
Example:

Personnel Name Position/Title in Company License (s) Held Hourly Rate John Doe Project Manager CPESC, PE $XX.XX

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SECTION F

CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

40 1367754.1

CITY ENGINEERING & TRAFFIC

ENGINEERING SERVICES
REQUEST FOR PROPOSAL (RFP) 2022-05

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
[Enter name of Consultant]

THIS AGREEMENT FOR CITY ENGINEERING AND TRAFFIC ENGINEERING SERVICES (“Agreement”) is made and entered into, to be effective this day of 2022 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and ________________, (“Consultant”) a, ______________. City and Consultant 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 Consultant to provide design, plans, specifications, construction management and inspection services for Building & Safety Services. It is preferred that the Consultant provide the City an opportunity to review contract documents and RFP’s in advance of the agenda report deadlines.

B. In response to City’s formal Request for Proposals No. (RFP), dated , 2022, Consultant has submitted to City a written proposal, dated , 2023, to provide the desired services.

C. City desires to engage Consultant to provide such services subject to the terms and conditions set forth in this Agreement.

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

AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services and Standard of Performance. Firm shall provide those services set forth in the Proposal, dated , 2022, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Firm shall provide the Project Services in compliance with all terms and conditions of this Agreement. Firm 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. Firm represents and warrants that it and all employees, subconsultants and subConsultants providing

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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. , dated ; and (3) Firm ’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) Firm ’s Proposal.

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. Firm shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Firm performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Firm shall be solely responsible for all penalties and costs arising therefrom. Firm 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, Firm shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Firm represents and warrants to City that Firm 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 Firm to perform the Project Services. Firm 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 Firm '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, Firm warrants that Firm (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. Firm 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. Firm acknowledges that City may enter into

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agreements with other Firm s, Firm s, Firm s, or vendors for services similar to the services that are the subject of this Agreement. Firm further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

2. COMPENSATION

2.1 Maximum Contract Amount. Firm 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 Dollars ($ ). 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 Firm wishes to receive payment, Firm 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 Firm 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 Firm ’s profession.

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

3. SCHEDULE OF PERFORMANCE

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

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

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

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3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Firm (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 Firm , 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 Firm be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Firm '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 three (3) years, ending on , , unless extended at the sole election of the City for an additional period of two (2) years, ending on June 30, 2030.

4. COORDINATION OF PROJECT SERVICES

4.1 Firm ’s Representative. The following principal of Firm is hereby designated as being the principal and representative of Firm authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith:
. 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 Firm and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Firm 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 Firm 's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Firm 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 Firm , its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Firm 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. Firm shall not contract with any other entity to perform the Project Services without prior written consent of City. If Firm is permitted by City to subcontract any part of this Agreement, Firm shall be

44 1367754.1
responsible to City for the acts and omissions of its subConsultant (s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the performance of Project Services will be considered employees of Firm . City will deal directly with and will make all payments to Consultant. 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 Firm , 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 Firm or any surety of Firm from any liability hereunder without the express written consent of City.

4.4 Independent Firm .

4.4.1 The legal relationship between the Parties is that of an independent Firm ; nothing herein shall be deemed to make Firm a City employee. During the performance of this Agreement, Firm and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Firm 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 Firm shall at all times be under Firm ’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Firm or any of its officers, employees, or agents, except as set forth in this Agreement. Firm , 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 Firm ’s officers, employees, or agents or in fixing their number, compensation, or hours of service. Firm 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 Firm in its business or otherwise a joint venturer or a member of any joint enterprise with Firm .

4.4.2 Firm 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 Firm , its officers, employees, representatives, agents, subconsultant s or subConsultants in connection with the performance of any Project Services. Except for fees paid to Firm as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Firm for the performance of any Project Services. City shall not be liable for compensation or indemnification to Firm , its officers, employees, representatives, agents, subconsultants or subConsultants, 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 Firm ’s officers, employees, representatives, agents, or subconsultants or subConsultants, Firm shall defend, indemnify, and hold harmless City

45 1367754.1
from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

4.5.1 In the event that Firm or any officer, employee, representative, agent, subconsultant or subConsultant of Consultant 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, Firm 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 Firm or its officers, employees, representatives, agents, subconsultants or subConsultants, 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, Firm and any of its officers, employees, representatives, agents, subconsultants or subConsultants providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Firm 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. Firm 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 Firm ’s existing insurance policies do not meet the insurance requirements set forth herein, Firm 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, Firm 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 Professional Liability/Errors and Omissions Insurance ("PLI"). Firm shall obtain and maintain a policy of Professional Liability or Errors and Omissions Insurance appropriate to Firm’s profession with per-claim and aggregate limits of no less than Two Million Dollars ($2,000,000.00). Covered professional services shall specifically include all Project Services to be performed under the Agreement and the policy shall be endorsed to delete any exclusions that may exclude coverage for claims within the minimum PLI limits set forth herein for the Project Services to be performed under this Agreement.