Los Alamitos City Council
June 20, 2023

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

CITY COUNCIL AGENDA

REGULAR MEETING
Tuesday, June 20, 2023 – 6:00 PM

1. CALL TO ORDER

2. ROLL CALL
Mayor Doby
Mayor Pro Tem Nefulda Council Member Hasselbrink Council Member Hibard Council Member Murphy

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

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

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

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

Agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5) will be made available for public inspection at the meeting. Such documents will also be available at the City Clerk's office, 3191 Katella Ave., Los Alamitos, CA 90720.

In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (562) 431- 3538, ext. 220. Notification at least 42 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. Language translation services are available for this meeting by calling the City Clerk’s Office least 42 hours in advance If you are unable to attend this meeting in person, 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 “COUNCIL PUBLIC COMMENT”. Comments received by 3:00 p.m. they day of the meeting 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. You may also view the meeting live on local cable channel 3.

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.

5. PRESENTATIONS
A. Badge Pinning Ceremony Honoring Captain Kain Gallaugher B. Presentation of a Plaque to Officer Marc Navarro for Being Awarded the Attorney General's Award for Distinguished Service in Community Policing
C. Presentation to Community Partners in Recognition of Supporting the 40th Infantry Division at the Joint Forces Training Base D. Presentation of a Certificate to Garage Pilates in Recognition of Being Featured in the Mayor's Business Spotlight
E. Presentation of a Proclamation to the Parks, Recreation, and Cultural Arts Commission Recognizing Parks Make Life Better Month F. Presentation by Marilynn Poe, Board President, Providing an Update Regarding the Los Alamitos Museum Association
G. Presentation by Police Sergeant Krogman Regarding an Update on EBike Safety

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

7. UPDATES FROM THE MAYOR
At this time, the Mayor may report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken.

8. UPDATES FROM CITY STAFF
At this time, City Staff may report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken.

9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from May 1, 2023 to May 31, 2023.

Recommendation: Ratify the Warrants for the period from May 1, 2023 to May 31, 2023 in the amount of $1,524,160.27.

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

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

A. Approval of Minutes (Administration)
Approve the City Council Regular Meeting Minutes of May 15, 2023.

B. Approval of the Request for Bids (RFB) 2023-03 and Authorization to Bid for Community Center Divider Wall Replacement Project
(Development
Services)
This item authorizes the solicitation of bids for the installation and/or upgrade of an existing divider wall in the Los Alamitos Community Center.

Recommendation:

1. Approve the Request for Bids (RFB) 2023-03 for the installation/upgrade to the Community Center Divider Wall Replacement Project; and,

2. Authorize Staff to advertise and solicit bid proposals.

C. Los Alamitos Museum Association: Proposed Schedule, Yearly Recap, and Budget (Administration)
The Los Alamitos Museum Association’s proposed schedule, yearly recap, and budget for the 2023-2024 fiscal year are being provided to the City Council for approval.

Recommendation:

1. Approve the Los Alamitos Museum Association’s proposed schedule, activity plan, and budget for Fiscal Year 2023-2024; and,

2. Authorize the City Manager and/or his designee to approve any change to the schedule, activity plan, and budget.

D. Resolution 2023-18 - Approving the Fiscal Year 2023-2024 Project List for SB-1 Funds in the estimated amount of $294,072 towards the Carrier

Row Street Improvement Project (Development Services)
The City of Los Alamitos receives transportation funding from the State in the form of grants or direct allocation of Motor Vehicle Fuel Tax (Gas Tax) through the Highway Users Tax Account (HUTA). The Road Repair and Accountability Act of 2017 (SB-1) provides funding for the maintenance and repair of local streets and roads through a Road Maintenance and Rehabilitation Account (RMRA). To be eligible for funding, the City must submit a proposed project list to the California Transportation Commission along with a resolution documenting the approval of the City’s amended Capital Improvement budget to include the project to receive RMRA funding. Staff recommends the use of the RMRA funding for road improvements for the Carrier Row Street Improvement Project FY 22-23 in the estimated amount of $294,072.

Recommendation:

1. Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and,

2. Adopt Resolution No. 2023-18, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF LOS ALAMITOS, CALIFORNIA, TO ADOPT A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 TOWARDS THE

CARRIER ROW NEIGHBORHOOD STREET IMPROVEMENT PROJECT
FY 23-24."
E. Amendment No. 1 with Fuscoe Engineering, Inc. for Consulting Services (Development Services)
This item provides a basis for continuing consulting services with Fuscoe Engineering, Inc. regarding the annual preparation of the City’s Program Effectiveness Assessment (PEA) Report for two (2) additional years for an annual cost of $15,000, resulting in a total cost of $30,000. The current Consulting Services Agreement (CSA) will expire on June 21, 2023, and includes two (2) permissible two- year extensions.

Recommendation: Authorize the Mayor to execute Amendment No. 1 to the Consulting Services Agreement (CSA) with Fuscoe Engineering, Inc. for a two-year contract extension ending on June 21, 2025 for an annual amount of $15,000 and a total two-year amount of $30,000.

F. Amendment No. 1 with Crosstown Electrical & Data Inc. for Traffic Signal Maintenance Services (Development Services)

This item provides a basis for continuing services with Crosstown Electrical & Data Inc., to provide citywide traffic signal maintenance services for one additional year. The current Professional Services Agreement (PSA) will expire on June 21, 2023, but the parties can agree to utilize the first of three (3) allowable one-year extensions.

Recommendation: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement (PSA) with Crosstown Electrical & Data Inc. for a one-year contract extension ending on June 21, 2024 in the amount of $14,742 for routine inspections and an additional amount of $30,000 for emergency services for a maximum contract amount totaling $44,742 annually.

G. Measure M2 Seven Year Capital Improvement Program (Development Services)
Annual submittal of Measure M2 eligibility documentation to the Orange County Transportation Authority (OCTA) is required in order to remain eligible to receive Measure M2 sales tax revenue funds. The submittal documentation this year requires City Council approval of an updated Measure M2 Seven Year Capital Improvement Program, adoption of a resolution attesting to the County’s Master Plan of Arterial Highways Circulation Element and Mitigation Fee Program, adoption of a resolution attesting to the Pavement Management Plan, and adoption of a resolution attesting to the update to the Local Signal Synchronization Plan (LSSP).

Recommendation:

1. Approve and authorize Staff to submit to the Orange County Transportation Authority the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2023/24 through 2029/30, to comply with Measure M2 eligibility criteria; and,

2. Adopt Resolution No. 2023-13, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,

CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION

ELEMENT, AND MITIGATATION FEE PROGRAM FOR THE MEASURE
M (M2) PROGRAM”; and,

3. Adopt Resolution No. 2023-14, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,

CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT
MANAGEMENT PLAN FOR THE MEASURE M2 (M2) PROGRAM”; and,

4. Adopt Resolution No. 2023-15, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF LOS ALAMITOS CONCERNING THE UPDATE OF THE

LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M
(M2) PROGRAM”.

H. Approval of Street Curb Address Painting Services for the 2023 Cycle with Canning Hunger (Development Services)
In November of 2003, City Council adopted Resolution No. 1939 allowing nonprofit organizations located outside of the City to benefit from the administration of a street address painting contract within the City. The City’s process requires that the interested non-profit organization(s) apply biannually for City Council approval.

Recommendation:

1. Authorize street curb address painting services for 2023 on a strictly donation basis, with Canning Hunger; and,

2. Authorize the City Manager to issue a no-fee solicitor’s permit and no-fee encroachment permit.

I. Notice of Completion (NOC) for the Street Improvements on Various Streets FY 2021-2022 Project (CIP No. 21/22-03) (Development Services)
The City of Los Alamitos hired a roadway contractor for street improvements related to grind and overlay of various residential streets throughout the City as part of the City’s ongoing pavement management program. Staff is recommending that City Council accept the work as completed, direct filing of the Notice of Completion, and authorize retention release as prescribed by the Public Contracts Codes.

Recommendation:

1. Accept as complete the construction by RJ Noble Company for the Street Improvements on Various Streets FY 2021-2022 Project (CIP No. 21/22- 03); and,

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

3. Authorize Staff to release the 5% retention to the contractor, in the amount of $72,201.35, thirty-five (35) days after recordation of the Notice of Completion.

J. Approval of Plans and Specifications and Authorization to Bid for the Bloomfield Neighborhood Street Rehabilitation Project (CIP No. 22/23-

06) (Development Services)
The City of Los Alamitos is being awarded $200,000 in federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding through the 2021 Pavement Management Relief Funding (PMRF) Program.

This item seeks approval to facilitate the solicitation of bids to begin the Bloomfield Neighborhood Street Rehabilitation Project (CIP No. 22/23-06) and City Manager authorization to sign the Master Agreement(s) with Caltrans to facilitate the funding.

Recommendation:

1. Approve the plans and specifications for the Bloomfield Neighborhood Street Rehabilitation Project (CIP No. 22/23-06); and,

2. Authorize Staff to advertise and solicit bid proposal; and,

3. Adopt Resolution No. 2023-12, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL AGREEMENTS RELATED TO CLAIMING

FUNDS FOR THE BLOOMFIELD NEIGHBORHOOD STREET
REHABILITATION PROJECT (CIP NO. 22/23-06) FROM THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION.”
K. Approval of the Request for Proposals (RFP) 2023-03 and Authorization to Bid for Concrete Shaving Remediation Services (CIP No. 22/23-08) (Development Services)
This item recommends action to solicit bids that will facilitate concrete shaving remediation services throughout the City.

Recommendation:

1. Approve the Request for Proposals (RFP) 2023-03 for concrete shaving remediation services throughout the City; and,

2. Authorize Staff to advertise and solicit bid proposals.

L. Annual Comprehensive Financial Report (ACFR) (Finance) For City Council consideration is the receipt of the fiscal year 2021-22 audit reports.

Recommendation: Receive and file the annual audit reports for fiscal year 2021-22, including the Annual Comprehensive Financial Report (ACFR) and Report on Applying GANN Agreed- Upon Procedures (GANN AUP) Appropriation Limit Worksheets.

M. Community Development Block Grant (CDBG) Program Cooperative Agreement – Amendment for Fiscal Years July 1, 2024 – June 30, 2027 (Development Services)
The County of Orange is currently in the process of re-qualifying for entitlement status as an Urban County. This entitlement status and the number of cities participating in the Urban County are part of determining Community Development Block Grant (CDBG) funding for an Urban County.

Consistent with the Department of Housing and Urban Development (HUD) regulations, they sent existing participating cities notification of the current Cooperation Agreement and new Amendment. The agreement requires signatures from the Los Alamitos City Council to renew automatically (for July 1, 2024 – June 30, 2027) unless the City notifies the County and HUD in writing of its intent to terminate the agreement at the end of the current qualification period (June 30, 2023).

Recommendation: Authorize the City Manager to execute Amendment No. 6 to the Cooperative Agreement between the County of Orange and the City of Los Alamitos for participation in the Urban County Program to utilize Community Development Block Grant (CDBG) program funds for Fiscal Years July 1, 2024 – June 30, 2027.

11. PUBLIC HEARING
A. Annual Operating and Capital Improvement Program Budget Adoption for Fiscal Year 2023-24 (Finance)
City Charter Sections 1201-1205 govern the development and adoption of the City’s Annual Budget. Section 1203 requires a public hearing for public input on the proposed budget. Thereafter, the City Council shall consider adoption of the budget with revisions, if any; establish estimated revenues, expenditure appropriations, and transfers of funds of the City.

Recommendation:

1. Review, receive, and file the department overviews for Fiscal Year 2023- 24; and,

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

3. Adopt Resolution No. 2023-16, entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING

THE ANNUAL OPERATING AND CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2023-24"; and,

4. Authorize the City Manager to enter into the Side Letter Agreement with

the Teamsters; and,

5. Authorize the City Manager to enter into the Side Letter Agreement with the Police Officers Association (POA); and,

6. Adopt Resolution No. 2023-17, entitled "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING RESOLUTION NUMBER 2023-09, THE SALARY AND BENEFIT
RESOLUTION FOR NON- REPRESENTED EMPLOYEES"

12. 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.

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

Windmera Quintanar, MMC, City Clerk
Dated: June 15, 2023

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 20, 2023 ITEM NUMBER: 9A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Craig Koehler, Director of Finance
Subject: Warrants

SUMMARY
The attached Warrant Register contains checks and electronic funds transfers for the period from May 1, 2023 to May 31, 2023.

RECOMMENDATION
Ratify the Warrants for the period from May 1, 2023 to May 31, 2023 in the amount of $1,524,160.27.

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

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

FISCAL IMPACT
The grand total of $1,524,160.27 represents checks and electronic fund transfers for the period May 1, 2023 to May 31, 2023.

Attachment: 1. Council Report - May - FINAL

MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS

REGULAR MEETING
Monday, May 15, 2023

1. CALL TO ORDER
The City Council met in Regular Session at 6:04 p.m., Monday, May 15, 2023, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Doby presiding.

2. ROLL CALL

Present: Council Members: Hasselbrink, Hibard, Murphy
Mayor Pro Tem Nefulda, Mayor Doby

Absent: Council Members: None

Present: Staff: Chet Simmons, City Manager
Wayne Byerly, Police Captain
Michael Claborn, Chief of Police
Craig Covey, Orange County Fire Authority 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
Chelsi Wilson, Administrative Services Manager

3. PLEDGE OF ALLEGIANCE
Council Member Murphy will lead the Pledge of Allegiance.

4. INVOCATION
Mayor Doby will give the Invocation.

5. PRESENTATIONS
Mayor Doby and the City Council presented the listed Presentations.

A. Presentation of Certificates to Tanya Doby and Wendy Grose in Recognition of Being Named the 36th Senate District's Women of Distinction
This item was postponed to a later date.

B. Presentation of Certificates to Wendy Grose, Theresa Murphy, and Trisha Murphy in Recognition of Being Named the 70th Assembly District's Women of Distinction

City Council Regular Agenda Minutes
May 15, 2023

C. Presentation of Certificates to Los Alamitos High School Students in Recognition of Their Participation in 2023 Every 15 Minutes Program D. Presentation of a Certificate to Peter Choi, Owner of Angelino's Pizza, in Recognition of Being Featured in the Mayor's Business Spotlight E. Presentation of a Proclamation to the Public Works Team in Recognition of National Public Work's Week
F. Presentation of a Plaque to Wayne Byerly for his Three Years of Service as Police Captain to the City of Los Alamitos
G. Presentation by Police Sergeant Krogman Regarding and Update on E-Bike Safety
This presentation was postponed to a later date.

H. Presentation by Rob Thompson, General Manager, Providing an Overview of the Orange County Sanitation District
General Manager Thompson provided a PowerPoint Presentation and answered questions from the City Council.

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.

Mayor Doby opened Oral Communications.

Keith Tanner, Boy Scout Eagle Scout, spoke regarding his Eagle Scout Project with Precious Life Shelter.

Mr. and Mrs. Tanner spoke in support of Theresa Murphy and Precious Life Shelter.

Wendy Grose, Chair for Precious Life Shelter, spoke regarding the upcoming fundraiser on June 4, 2023, BBQ and Wine Tasting at St Isidore’s Historical Plaza.

Mayor Doby closed Oral Communications.

7. UPDATES FROM THE MAYOR
At this time, the Mayor may report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken.

Mayor Doby spoke regarding the approved Housing Element, potential funding

City Council Regular Agenda Minutes
May 15, 2023

from Congresswomen Steele’s office for the Active Transportation Plan, and efforts with Orange County Transportation Authority to bring transportation for the City’s senior citizens.

8. UPDATES FROM THE CITY STAFF
At this time, City Staff also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken.

City Manager Simmons introduced the item.

Chief Claborn requested a moment of silence for Riverside County Sheriff Deputy Brett Harris who passed away after an On-Duty traffic collision. He spoke regarding about the renovations to the Police Department, potential grant funding from the Orange County Sheriff’s Department, and Officer Marc Navarro being awarded the Attorney General’s Award for Distinguished Service in Community Policing.

Development Services Director Noda spoke regarding upcoming Good Morning Los Alamitos event and an upcoming short-term rental survey.

Recreation and Community Services Director Noda spoke regarding upcoming events and the summer recreation brochure.

9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic fund transfers for the period from April 1, 2023 to April 30, 2023.

Motion/Second: Hasselbrink/Nefulda
Unanimously Carried: The City Council ratified the Warrants for the period April 1, 2023 to April 30, 2023 in the amount of $1,204,889.20.

Roll Call
Mayor Doby Aye
Mayor Pro Tem Nefulda Aye
Council Member Hasselbrink Aye
Council Member Hibard Aye
Council Member Murphy 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.

City Manager Simmons pulled item 10B for discussion at a later date.

City Council Regular Agenda Minutes
May 15, 2023

Motion/Second: Hasselbrink/Nefulda
Unanimously Carried: The City Council approved the following Consent Calendar Items:

A. Approval of Minutes (Administration)
Approved the City Council Regular Meeting Minutes of April 17, 2023.

B. Annual Comprehensive Financial Report (ACFR) (Finance) For City Council consideration is the receipt of the fiscal year 2021-2022 audit reports.

City Manager Simmons pulled item 10B for discussion at a later date.

Recommendation: Receive and file the annual audit reports for fiscal year 2021-2022, including the Annual Comprehensive Financial Report (ACFR) and Report on Applying Agreed- Upon Procedures Appropriations Limit Worksheets (GANN AUP).

C. Treasurer's Quarterly Investment Report - March 2023 (Finance) The item for City Council consideration was receipt of the Treasurer’s Quarterly Investment Report.

The City Council received and filed the Treasurer’s Quarterly Investment Report – March 2023.

D. Amendment No. 3 with West Coast Arborists, Inc. (WCA) for Tree Maintenance Services (Development Services)
This item sought approval of Amendment No. 3 to the Professional Services Agreement (PSA) with West Coast Arborist, Inc. (WCA) to continue to provide tree maintenance services, a license arborist, and extraordinary work order fulfillment for one (1) year, ending on June 15, 2024. The amount paid to WCA is not to exceed $75,000 annually. The current Professional Services Agreement (PSA) expires on June 15, 2023.

The City Council authorized the Mayor to execute Amendment No. 3 to the Professional Services Agreement with West Coast Arborists, Inc. (WCA), extending the term of the agreement for one additional year ending on June 15, 2024, and not to exceed $75,000 annually, which is inclusive of a 2.5% CPI increase.

E. Approval of two (2) Open-Ended (Equity) Vehicle Lease Rate Agreements with Enterprise Fleet Management, Inc., via the Sourcewell Competitive Purchasing Program (Development Services)
This item sought approval of two (2) vehicle lease agreements with Enterprise Fleet Management Inc. (EFM), via the Sourcewell Competitive Purchasing Program (Contract #030122-EFM).

City Council Regular Agenda Minutes
May 15, 2023

The City Council authorized the City Manager to lease two (2) fleet vehicles pursuant to the Master Equity Lease Agreement with Enterprise Fleet Management (EFM) via the Sourcewell Competitive Purchasing Program for an estimated monthly lease of $1,768.00.

11. DISCUSSION ITEM
A. City Council Ad Hoc Committees(Administration)
This item allows Council to appoint two members to various Ad Hoc Committees to assist Staff with large projects before bringing items to Council for approval.

City Manager Simmons introduced the item. City Clerk Quintanar summarized the staff report.

Motion/Second: Murphy/Nefulda
Unanimously Carried: The City Council:

1. Appointed Council Member Hasselbrink and Mayor Pro Tem Nefulda to the Council Member Handbook Ad Hoc Committee; and,

2. Appointed Mayor Doby and Council Member Murphy to the Council Member Goal Setting Ad Hoc Committee; and,

3. Appointed Mayor Doby and Council Member Hibard to the City Branding Ad Hoc Committee.

Council Member Nefulda excused himself from the remainder of the meeting at 7:16 p.m. and left the dais.

B. Preliminary Budget for Fiscal Year 2023-24 and Fiscal Year 2024-25 and Proposed Changes to Purchase Policy (Finance)
This report provides for a review of the preliminary budget for the Fiscal Year 2023- 24 and Fiscal Year 2024-25, and proposed changes to the Purchase Policy.

City Manager Simmons provided an introduction. Finance Director Kohler gave a PowerPoint presentation. Development Services Director Noda provided an overview of the Capital Improvement Project (CIP) budget.

Mayor Doby opened the item for public comment.

Frank Marchese thanked the City for the great job they are doing.

Mayor Doby closed the item for public comment.

City Council Regular Agenda Minutes
May 15, 2023

City Council and Staff discussed the following topics:
• Conservative preference for the Council to have more oversight and review of contracts
• Preference for the City Manager’s Authority to be changed to $80,000 • Support for entrusting the City Manager
• Budget for Rebranding would be approved by the City Council at a future date
• Council Travel Policy will come before Council for approval at a future date
• Intent of hiring a Deputy City Clerk would be to provide support to the City Clerk for routine tasks to allow focus on larger strategic goals • Rationale between combining the City Clerk and Director of Communications positions
• Goal to capture credit card processing fees in the upcoming cost recovery study
• Concern unfunded pension liabilities are not designated within the current budget
• Overview of the City’s fiscal commitments during the Measure Y campaign
• Policy decisions regarding pension and capital improvement projects would be discussed during City Council goal setting workshop • Update on Community Center roof
• Clarification that the City’s Charter will require any Public Works project over $10,000 to come before Council for approval
• Increasing the City Manager’s purchasing authority would allow for projects to be expedited
The City Council reviewed and discussed the preliminary budget for Fiscal Year 2023-24 and Fiscal Year 2024-25, provide direction to staff.

Motion/Second: Hasselbrink/Doby
Motion Failed 2-2 (Hibard and Murphy voted no. Nefulda was not present):

1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2023-04, and set for adoption; and,

2. City Attorney Daudt read the title of Ordinance No. 2023-04, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, AMENDING AND RESTATING CHAPTER

2.60 (PURCHASING SYSTEM) OF THE LOS ALAMITOS MUNICIPAL
CODE”.

City Council Regular Agenda Minutes
May 15, 2023

12. 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 Hibard advised she had nothing to report.

Council Member Murphy stated she had attended various events including Assemblyman Tri Ta’s announcement to support safe neighborhoods and TIP Heroes with Heart event.

Council Member Hasselbrink spoke regarding attendance at the Orange County Fire Authority Board of Directors meeting, Budget Standing Committee meeting, Disco Senior Prom at the Community Center, We Care Fundraiser, and the Los Alamitos Community Foundation Board meeting.

Mayor Doby spoke regarding attendance at the Association of California Cities – Orange County (ACC-OC) DC Advocacy Trip, Federal grant seminar hosted by Congresswomen Steele, planted a tree for Arbor Day, Award Reception for Senator Janet Nguyen, Youth Center’s A Night Amongst the Stars, Southern California Association of Governments Regional Conference, Epson Ribbon Cutting, ACC-OC Board Installation, and the OC Tax Lunch.

13. ADJOURNMENT
The City Council adjourned at 8:18 p.m.

Tanya Doby, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 20, 2023 ITEM NUMBER: 10B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Approval of the Request for Bids (RFB) 2023-03 and Authorization to Bid for Community Center Divider Wall Replacement Project

SUMMARY
This item authorizes the solicitation of bids for the installation and/or upgrade of an existing divider wall in the Los Alamitos Community Center.

RECOMMENDATION

1. Approve the Request for Bids (RFB) 2023-03 for the installation/upgrade to the Community Center Divider Wall Replacement Project and;

2. Authorize Staff to advertise and solicit bid proposals.

BACKGROUND
The Los Alamitos Community Center hosts various events, programs, and opportunities for rentals for the community. Throughout the week, the rooms are heavily used for classes and, on the weekends, utilized for facility rentals and events. The current divider wall is over 40 years old and is inoperable. A new divider wall with more advanced technology and lighter materials could provide more space and open up opportunities for staff to provide more services. Creating two rooms from one large room allows the Community Center more flexibility in scheduling programs and events offered to the public.

DISCUSSION
The purpose of the Request for Bids (RFB) is to solicit and select a contractor to provide services for the installation of a new divider wall in the Los Alamitos Community Center. The selected contractor is expected to provide services in an 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:

Los Alamitos Community Center Divider Wall Replacement

1. Manual operated partition wall with multiple detachable segments

2. Minimum sound transmission rating (STC) of 50

3. Have a weight of less than or equal 8.5 pounds per square feet

4. One access door to allow movement between rooms

5. Partition wall material to accent the room accordingly

6. Contractor will provide a single point of contact for all installations.

7. Contractor will provide a diagram of the partition wall and tract in reference to the room

8. Contractor will provide a 2-year warranty on installation and provided hardware

TASK DATE
Request for Bids Made Available Wednesday, June 21, 2023 Mandatory Site Visit Monday, June 16, 2023 to Thursday, July 6, 2023
Proposal Due at City Hall Thursday, July 13, 2023 at 10:00 a.m.

City Review of Proposals Monday, July 17, 2023 to Thursday, July 27, 2023
City Council Consideration for Awarding Monday, August 21, 2023

FISCAL IMPACT
The Capital Improvement Project (CIP) was approved for fiscal year 2022-2023 and will be included in the CIP project list for fiscal year 2023-2024. Funding for the service will be expended out of Account No. 25-570-5503.2306.

Attachment: 1. RFB - Divider Wall Replacement Project

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i

CITY OF LOS ALAMITOS

CALIFORNIA

REQUEST FOR BIDS

COMMUNITY CENTER DIVIDER WALL REPLACEMENT PROJECT
PROJECT NO. 22/23-07

PREPARED FOR

CITY OF LOS ALAMITOS
3191 KATELLA AVENUE
LOS ALAMITOS, CALIFORNIA 90720

PREPARED BY

STEVE KIM
3191 KATELLA AVE.

LOS ALAMITOS, CA 90720
JUNE 2023

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ii

CITY OF LOS ALAMITOS

TABLE OF CONTENTS
FOR

COMMUNITY CENTER DIVIDER WALL REPLACEMENT PROJECT
NOTICE INVITING SEALED BIDS........................................................................................... NB-1 INSTRUCTIONS TO BIDDERS..................................................................................................IB-1

PROPOSAL DOCUMENTS
Proposal.......................................................................................................................................P-1 Bidders Information......................................................................................................................P-3 List of Subcontractors ..................................................................................................................P-4 References...................................................................................................................................P-5 Contractor’s Licensing Statement................................................................................................P-6 Bid Bond.......................................................................................................................................P-7 Non-Collusion Affidavit ................................................................................................................P-9 Proposal Bid Sheets .................................................................................................................P-11

CONTRACT DOCUMENTS
Public Works Agreement .......................................................................................................... CA-1

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CITY OF LOS ALAMITOS

NOTICE INVITING BIDS FOR CONSTRUCTION OF

COMMUNITY CENTER DIVIDER WALL REPLACEMENT PROJECT
NOTICE IS HEREBY GIVEN that sealed bids for the COMMUNITY CENTER DIVIDER WALL REPLACEMENT PROJECT (“Project”) in the City of Los Alamitos will be received at City Hall of the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California 90720, until 10:00 a.m. on Thursday, July 13, 2023 at which time they will be publicly opened and read aloud.

DESCRIPTION OF THE WORK: In general, the work is comprised of public works construction including purchase of new panels, removal of old panels, installation of new panels, disposal of old panels, and other miscellaneous improvements as shown on the plans and as required to complete the work. The new panels must have a Sound Transmission Class (STC) rating of 50 or above and cannot weight more than 8.5 pounds per square feet.

Contractors are required to complete a job walk with City staff prior to the submittal deadline (appointment required). Job walks can be scheduled to take place between Wednesday, June 21, 2023 through Thursday, July 6, 2023 between the hours of 8:00 a.m. to 4:00 p.m. To schedule a time and date, please contact Recreation Supervisor Steve Kim via email at [email protected]. Please note, City Hall will be closed July 4 in observance of Independence Day.

All requests for information (RFI’s) shall be submitted to the City no later than Thursday, July 6, 2023 at 11 a.m.

AWARD OF CONTRACT: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder, and reject all other bids, as it may best serve the interest of the City. Within three (3) business days of bid opening, contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within five (5) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement and Insurance. Within ten (10) working days after the date of the Notice of Award, the successful bidder will be required to submit Bonds (Faithful Performance and Material and Labor), and Construction Schedule.

CONTRACTOR’S LICENSE CLASSIFICATION: The Contractor shall possess a valid Contractor’s License at the time of submitting bids, in accordance with provisions of Chapter 9, Division III of the California Business and Professions Code.

WAGE RATE REQUIREMENTS: The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for the contract. The reporting requirements may be found at https://www.dir.ca.gov/PublicWorks/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.

A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a

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public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payments by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.

OBTAINING OR INSPECTING CONTRACT DOCUMENTS: Contract Documents may be inspected without charge at the Public Works Department, City Hall, 3191 Katella Avenue, Los Alamitos, CA 90720. Contract Documents are available in portable document form (PDF) on the City’s website:
http://www.cityoflosalamitos.org/376/Projects. It is the contractor’s responsibility to ensure they are on the City’s Plan Holder’s List and they obtain any addendums or clarifications that are issued by the City on the City’s website prior to submitting a bid. For any questions regarding acquisition of Contract Documents, contact Steve Kim at [email protected].

Dated this 20 day of June, 2023. City of Los Alamitos, California The City Engineer’s estimate is $75,000.00 BY _______________________________ Windmera Quintanar, City Clerk
Published: News Enterprise 3191 Katella Avenue
June 28, 2023 Los Alamitos, CA 90720

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CITY OF LOS ALAMITOS

INSTRUCTIONS TO BIDDERS
FOR

COMMUNITY CENTER DIVIDER WALL REPLACEMENT PROJECT

1. PROPOSAL FORMS
Bids shall be submitted in writing on the Proposal forms provided by the City of Los Alamitos (hereinafter “CITY” or “City”). All blank spaces in the bid forms must be correctly filled in and all information requested therein must be clearly and legibly set forth in the manner and form indicated. All spaces for bid prices and lump sum price for which the bid is made, must be filled in, in both words and figures. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed by the person or persons signing the bid. Bidder acknowledges and agrees that by failing to complete the bid forms in their entirety, as set forth above, the CITY may find the bidder’s entire bid non-responsive and may cause the rejection of the bidder’s proposal at the discretion of the CITY.

2. PROPOSAL GUARANTEE (BID BOND)
In accordance with Public Contract Code Section 20170, proposals must be accompanied by a proposal guarantee consisting of either cash, a cashier’s check, a certified check or bid bond payable to the CITY in the minimum amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. IF A BIDDER TO

WHOM A CONTRACT IS AWARDED FAILS OR REFUSES TO EXECUTE THE CONTRACT

DOCUMENTS OR FURNISH THE REQUIRED INSURANCE POLICIES AND BONDS AS

SET FORTH IN THOSE DOCUMENTS, THE PROPOSAL GUARANTEE SHALL BE FORFEITED TO THE CITY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all Contract Documents.

3. NON-COLLUSION AFFIDAVIT
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

4. PROPOSAL BID SHEET
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.

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5. DELIVERY OF PROPOSAL
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the CITY's designated official prior to the bid opening time deadline set forth in the "Notice Inviting Sealed Bids." Late proposals will not be considered and will be returned to the bidder unopened. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "COMMUNITY CENTER DIVIDER WALL REPLACEMENT PROJECT - DO NOT OPEN WITH REGULAR MAIL."

6. WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the CITY's designated official prior to the bid-opening time deadline set forth in the "Notice Inviting Sealed Bids". The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, provided there is time remaining to do so. Proposals may not be withdrawn after the bid opening without forfeiture of the proposal guarantee.

7. NONRESPONSIVE PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it nonresponsive and may cause its rejection. The completed proposal forms shall be without inter-lineation, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

8. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes that may be applicable. Bidder acknowledges and agrees that CITY shall not be responsible for the payment of any increase in Sales Tax, Use Tax, or any other tax that takes effect after award.

9. DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder.

No contract will be executed unless the bidder is licensed in accordance with the provisions of the Business and Professions Code.

10. INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he or she may submit to the City Engineer a written request for an interpretation or correction thereof five (5) working days prior to the scheduled bid opening. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be

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mailed or delivered to each person receiving a set of such documents. The City Engineer will not be responsible for any other explanation or interpretations of the proposed documents.

11. ADDENDA OR BULLETINS
The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the Contract Documents and shall be returned with them.

Before submitting a bid, each bidder shall confirm as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render bid nonresponsive and may result in its rejection by the CITY.

12. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not.

Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith.

13. AWARD OF CONTRACT
Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsive-responsible bidder as determined solely by the CITY. At the time of contract award, the successful bidder shall hold a Contractor’s License as required to perform the work, issued by the State of California and a business license in the City of Los Alamitos. Additionally, the CITY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the CITY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.

No bidder may withdraw its proposal for a period of forty-five (45) days after the time set for opening thereof. However, the CITY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.

14. PREVAILING WAGE RATES
The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages. In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research.

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It shall be mandatory upon the Contractor to whom the Contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the Contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for this Agreement. The reporting requirements may be found at https://www.dir.ca.gov/Public-Works/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.

A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor and its subcontractors shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to Section 6109 of the public Contract Code, or engage in the performance of any contract for public work on a public works project if the contractor or subcontractor is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code.

The CITY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the contract. The possibility of wage increases is one of the elements to be considered by the bidder in determining his bid, and will not under any circumstances be considered as the basis of a claim against the CITY on the Contract.

The Contractor and subcontractors shall comply with Section 1777.6 of the Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in Government Code Section 12940(a), as those bases are defined in Government Code Sections 12926 and 12926.1, except as provided in Labor Code Section 3077 and Government Code Section 12940.

15. WORKERS’ COMPENSATION CERTIFICATE
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

In accordance with this section and with Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement,

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and submit same to CITY along with the other required Contract Documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

16. CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to CITY all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

17. SUBLETTING AND SUBCONTRACTING.

Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name business address, California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1% of this prime Contractor's total bid or $10,000, whichever is greater. If a subcontractor’s California contractor license number or public works contractor registration number are submitted incorrectly in the bid, it will not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected subcontractor’s California contractor license number is submitted to CITY within 24 hours after the bid opening If the bidder fails to list a subcontractor for a portion of work or if the bidder lists more than one subcontractor of the same portion of work in excess of 1/2 of 1% of the total bid or $10,000, whichever is greater, the bidder agrees that it is fully qualified to perform that portion of work itself, and that the bidder shall perform that portion of work itself. If after award of the contract, the bidder actually subcontracts that portion of work, except as provided in Public Contract Code Section 4107 or 4109, the bidder shall be subject to the penalties listed in Section 4111 of the Public Contract Code. It is the CITY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.

18. SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, which is incorporated herein by this reference, the Contractor may substitute securities for any monies withheld by the CITY to ensure performance under the Contract or, in the alternative, may request payment of retention earned directly to an escrow agent.

At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the CITY, with a State or Federally chartered bank as the escrow agent or require the City to deposit 5% of each progress payment with the escrow agent. Said securities will be used as a substitute for retention earnings required to

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be withheld by the CITY, pursuant to the construction contract. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention.

When the Contractor deposits the CITY approved securities with the escrow agent, the escrow agent shall notify the CITY within 10 calendar days of the deposit. Said securities shall be evaluated quarterly by the escrow agent to verify the current market value. If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for CITY approval, and be held in the escrow account to meet the Contractor's obligations. The escrow agent shall hold said securities until such time as the escrow agent receives written notification from the CITY that the Contractor has satisfactorily completed his Contract obligations.

The type of securities deposited and the method of release shall be approved by the City Attorney's office.

If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The CITY may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the CITY.

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BIDDER'S NAME

CITY OF LOS ALAMITOS

PROPOSAL
FOR

COMMUNITY CENTER DIVIDER WALL REPLACEMENT PROJECT
TO CITY OF LOS ALAMITOS, as CITY:

In accordance with CITY's "Notice Inviting Sealed Bids", the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Standard Specifications, Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, General Specifications, Special Provisions and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the Bid Security accompanying this proposal.

BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDER agrees and acknowledges that it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before the commencement of any work under this Contract, if awarded.

BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any CITY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.

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Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

BIDDER'S NAME: DATE , 20 .

BIDDER'S ADDRESS: BY
(Print Name)
(Signature)
PHONE: ( ) TITLE
Subscribed and sworn to before me BY
this day of , 20 (Print Name)
(Signature of Notary Public) (Signature)
(Attach Jurat) TITLE
(SEAL)

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BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder's Name
Business Address
Email: Telephone: ( )
State Contractor's License No. and Class
Original Date Issued ______________ Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:

The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

Subscribed and sworn to before me By
this day of , 20 . (Print Name)

(Signature of Notary Public) (Signature)
Title
(SEAL) Date _______________, 20___

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BIDDER'S NAME
LIST OF SUBCONTRACTORS (4100 PUBLIC CONTRACT CODE)
BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors in excess of ½ of 1% of the total bid amount or ten thousand dollars ($10,000), whichever is greater as follows (add additional pages as necessary) (Bidder must include all requested information):

Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work
Subcontractor Name
Address
License No. and Class
DIR Registration No.

Phone No. Email:

Percent of Total Contract
Specific Scope of Work

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BIDDER'S NAME

REFERENCES

The following are the names, addresses, and phone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two years:

Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work

DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

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CONTRACTOR'S LICENSING STATEMENT
BIDDER certifies that the following is true and correct. The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.

Contractor's License Number ___________________________________ DIR Registration No. __________________________________________ Name of Individual Contractor (Print or type):

Signature of Owner(s)
Business Address
or
Name of Company
Business Address
Officers:

Name Title

Name Title
Name Title
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
__________________________________ __________________________________ Name of President of Corp./ Company Name of Secretary of Corp./ Company Subscribed and sworn to before me By:_________________________________ this ______ day of _______________, 20____ (Signature)
_____________________________________ By:_________________________________ (Signature of Notary Public) (Print Name and Title)
(SEAL) (SEAL)

Bond Amount $____________
Bond Number _____________
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BID BOND (Page 1 of 2)
BIDDER’S BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS,
(NAME OF BIDDER)
(the “Principal”) has submitted a bid
(the “Bid”) to the City of Los Alamitos, California (the “City”) for replacement of the Community Center Divider Wall (the “Work”), as specifically set forth in documents entitled Community Center Divider Wall Replacement Project, Dated May 23, 2023 (the “Specifications”).

AND WHEREAS, the Principal is required to provide bidder’s security in an amount equal to at least ten percent (10%) of the amount of the Bid and has chosen to satisfy this obligation by providing this bond.

NOW, THEREFORE, we, the Principal, and
(NAME OF SURETY)
(the
“Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Los Alamitos in the sum of and /100
DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, this amount being ten percent (10%) of the total amount of the Bid.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

1. If (a) the City accepts the Bid and awards the Principal a contract for the Work, and (b) within the time and manner required under the Specifications or by law, after the prescribed forms are presented to the Principal for signature, the Principal executes a written contract for construction of the Work in accordance with the Bid and delivers the required faithful performance and payment bonds and insurance policies, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

2. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the

Bond Amount $____________
Bond Number _____________
P-8
1772924.1
BID BOND (Page 2 of 2)
time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension.

3. In the event suit is brought upon this bond by the City and judgment is recovered, as part of the obligation secured hereby and in addition to the face amount specified in this bond, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the court.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the ____ day of _________, 20__ .

PRINCIPAL
________________________________
(Principal Name) (Seal)
By: _____________________________
(Signature)
_____________________________
SURETY
_________________________________
(Surety Name) (Seal)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
(Print Name and Title)
By: _____________________________
(Signature)
_____________________________
(Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact

P-9
1772924.1

BIDDER'S NAME

NON-COLLUSION AFFIDAVIT TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )
) SS

COUNTY OF )
In conformance with Public Contract Code Section 7106, the party making the foregoing bid declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ______________________ [city], ______ [state].” Signed
Title
Subscribed and sworn to before me
this ______ day of _____________,20____.
___________________________________
Signature of Notary Public

(SEAL)

P-10
1772924.1

CITY OF LOS ALAMITOS

PROPOSAL BID SHEETS
FOR

COMMUNITY CENTER DIVIDER WALL REPLACEMENT PROJECT

BASE BID ITEMS
Item Description
Est.

Quantity Units
Unit
Price
Total
Cost
1 BASE SERVICES: Furnish and
install manually operable partitions
and suspension system per the
project scope including installing
new panels, removing old panels,
disposal of old panels, and
providing all submittals included in
the project scope. New panels
must have a Sound Transmission
Class (STC) rating of 50 or higher
and weigh no more than 8.5
pounds per square feet.
1 LUMP
SUM
BASE BID SUBTOTAL IN FIGURES:
$____________________________________
TOTAL BASE BID AMOUNT FOR BID ITEM 1 SHALL BE USED IN DETERMINING THE LOWEST BID AMOUNT RECEIVED.

TOTAL BASE BID AMOUNT IN FIGURES:
$
TOTAL BID AMOUNT IN WORDS:

DOLLARS
.

AND CENTS.

P-11
1772924.1

ADDITIVE ALTERNATE BID ITEMS
Item Description Est.

Quantity Unit UnitPrice
Total
Cost
1 If enhancements or modifications
for the existing structural support
system are determined necessary
by Proposer to support the new
operable wall system, furnish and
install additional structural
supports in the ceiling to support
the new ceiling suspension
system. These services include
design and detailing of the
additional supports signed and
sealed by a CA licensed structural
engineer.
1 LUMP
SUM
ADDITIVE ALTERNATE BID SUBTOTAL IN FIGURES:
$____________________________________
TOTAL ADDITIVE ALTERNATE BID AMOUNT IN FIGURES:
$
TOTAL ADDITIVE ALTERNATE BID AMOUNT IN WORDS:

DOLLARS
.

AND CENTS.

NOTE: THE LOWEST BIDDER SHALL BE DETERMINED BY THE LOWEST BID AMOUNT FOR THE BASE BID ITEMS (BID ITEMS NO. 1) WITHOUT CONSIDERATION OF ANY AMOUNT FOR THE ADDITIVE ALTERNATE BID (BID ITEMS NO. 1). THE CITY, AT ITS DISCRETION, HAS THE OPTION TO AWARD A CONTRACT WHICH INCLUDES THE ADDITIVE ALTERNATE BID.

NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE USED ONLY AS COMPARISON OF BIDS. PAYMENT FOR QUANTITIES WILL BE MADE FOR ACTUAL MATERIALS USED ON THE JOB. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ALL OR ANY ITEM FROM THE CONTRACT. IF THERE IS A CONFLICT BETWEEN THE UNIT PRICE PROVIDED AND TOTAL COST, THE UNIT PRICE SHALL PREVAIL. IF THERE IS A CONFLICT BETWEEN THE “TOTAL BASE BID AMOUNT FIGURES” AND THE “TOTAL BASE BID AMOUNT IN WORDS”, THE “TOTAL BASE BID AMOUNT IN WORDS” SHALL PREVAIL.

CITY OF LOS ALAMITOS

P-12
1772924.1

PROPOSAL BID SHEETS
FOR

COMMUNITY CENTER DIVIDER WALL REPLACEMENT PROJECT

PROPOSAL
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______ day of ___________, 20___.

BIDDER ________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Subscribed and sworn to before me this _____ day of ____________, 20____.

SIGNATURE NOTARY PUBLIC _______________________________ (Attach Jurat) By______________________________________
(PRINT)
________________________________________
(SIGNATURE)
(SEAL)
Title____________________________________
CITY acknowledges that this proposal was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the minimum amount of ten percent (10%) of the total bid.

By
Title

1772924.1

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 20, 2023 ITEM NUMBER: 10C
To: Mayor Tanya Doby & Members of the City Council
Presented By: Chelsi Wilson, Administrative Services Manager Subject: Los Alamitos Museum Association: Proposed Schedule, Yearly Recap, and Budget

SUMMARY
The Los Alamitos Museum Association’s proposed schedule, yearly recap, and budget for the 2023-2024 fiscal year are being provided to the City Council for approval.

RECOMMENDATION

1. Approve the Los Alamitos Museum Association’s proposed schedule, activity plan, and budget for Fiscal Year 2023-2024; and,

2. Authorize the City Manager and/or his designee to approve any change to the schedule, activity plan, and budget.

BACKGROUND
The City of Los Alamitos took over ownership of the Los Alamitos Museum (formerly the Los Alamitos Fire Station) from the County of Orange by resolution on July 3, 1974 and by Grant Deed on July 8, 1976. The Los Alamitos Museum property is owned by the City of Los Alamitos, granted to the City by the County of Orange as long as the property is used for “public museum or recreational purposes for the free and beneficial use of all County residents.”
The City entered into an agreement with the Los Alamitos Museum Association on July 28, 1975 with the purpose of collecting, preserving and exhibiting historical, cultural and other related materials in the community and to provide recreational programs in the fields of historical and cultural development for residents of the City and the County of Orange.

DISCUSSION
Schedule, Activities, & Budget
As a part of the agreement with the Los Alamitos Museum Association, the Museum is required to provide the City with a proposed schedule, activity plan and budget for the upcoming fiscal year. Attachment 1 is a recap of fiscal year 2022-2023 as well as information about the Los Alamitos Museum Association.

The Museum Association’s proposed calendar of events for 2023-2024 (Attachment 2) includes tours of the Museum on Tuesdays, Thursdays and Sundays from 2:00pm – 4:00pm,

highlight the 1900 period clothing display, water tower upgrade, and mounted police display donation.

An open house to promote the period clothing display, the dedication of the water tower clock, and the new mounted police display will take place June 11.

The proposed 2023-2024 Museum budget is $4,051.00. The Museum’s income is from fundraisers, donations, membership program, and grants.

FISCAL IMPACT
According to the agreement between the City of Los Alamitos and the Los Alamitos Museum Association, the City owns the building that houses the Los Alamitos Museum and provides repairs and janitorial maintenance once every two weeks. All repairs and maintenance are funded out of the Development Services budget. Sufficient funding exists in the Fiscal Year 2023-24 budget.

Attachment: 1. 2022-2023 Los Alamitos Museum Association Yearly Report and 2023-2024 Budget

2. 2023-2024 Los Alamitos Museum Association Proposed Calendar of Events

LOS ALAMITOS MUSEUM
YEARLY REPORT/ RECAP OF 2022/2023
March 29, 2023
HISTORY:

July 28, 1975, the City of Los Alamitos entered into an agreement with the Los Alamitos Museum, a 501 3 (c) non-profit corporation ID # 95-3025418, for the purpose of collecting, preserving, and exhibiting historical, cultural, and other related materials for the community.

GOVERNANCE: Governing board consists of the,
• Executive Board—President, Vice President, Treasurer, Recording Secretary and Corresponding Secretary.
• Trustees— Program, Docent, Publicity, History Book/Scrapbook, Hall of Fame/Media Room, and Display Chairpersons.

BUDGET: Proposed Budget for 2023/2024 is $5,732.00
INCOME:

The Museum’s income is from fundraisers, donations, Membership Program, and grants. The Los Alamitos Museum has been the recipient of a yearly Grant from the Rossmoor Women’s Club. For the past five years, The Finest Annual Trout Tournament Non-profit Organization has granted $1,500. Both have indicated these grants will continue. These grants help continue the Museum’s service to the community.

OPERATIONS: The Museum is an all-volunteer organization with no paid staff.

CAPITAL IMPROVEMNTS:

In 2003 the Museum upgraded the electrical system in the building to bring it into code and provide safety for the building with a cost to the Museum of $4,325. The Museum has over the years paid for these types of Capital Improvements.

In 2006 the Museum and the City of Los Alamitos jointly installed Central Heat and Air Conditioning in the Museum building at a cost of $5,900 each.

Attached is a list of items that the Museum Trustees have purchased over the years to enhance the Museum.

ATTENDANCE:
• The Museum is open to the public, free of charge, from 2:00 pm to 4:00 pm every Tuesday, Thursday, and Sunday. Approximately 2,000 guest visit per year during the regular hours. After a year and a half of being closed Due to Covid-19, we are now open on the regular days: Sunday, Tuesday & Thursday from 2:00pm to 4:00pm. • The number of programs each year vary, consequently attendance varies each year. • Over 200 children visit on appointment tours from the Boy Scouts, Girl Scouts, and the local schools. Many 4th grade classes usually attend as part of their California Studies History Class.
• Additional appointed tours are available for individuals, clubs, and organizations.

• The Museum is open for any City meeting that scheduling will allow. • The Museum hosts approximately 2,000 visitors per year including the visitors on our regular open schedule, our scheduled events and visits from school students and service club members.

STRATEGIC PLAN: UPDATE
A facilitated Strategic Planning meeting was held on Monday, February 9, 2015. Mission and Vision statements were updated as follows:

Mission Statement
“Increase the knowledge of the Los Alamitos Museum’s presence in this and surrounding communities by promoting our facility, programs and educational opportunities” Vision Statement
“To preserve and perpetuate the cultural and historical heritage of our community” Specific goals were identified to address the identified strengths and weaknesses. Areas of concern were:
• Increase Membership-Accomplished with 2022/2023 Membership program • Volunteer opportunities for public including Students-Accomplished with the involvement with Serve Los Al Non-Profit organization.
• Expanding educational programs –On going.
• Increased Publicity-Accomplished with the addition of e-mail list to send event announcements, Constant Contacts and updated website.
• Exhibit update- New exhibits are put in place on a regular basis.

DISPLAYS & OUTREACH:

The Museum Board of Trustees have put together a mobile display of our Community History and have taken this display along with our promotional information to past Sugar Beet Festivals and Bixby Ranch Festivals. It is our goal to bring the Museum to as many people and venues as possible. We plan to secure space at the newly developed Pine Street events.

FUTURE OF THE MUSEUM:

The Museum Board of Trustees and Docents are volunteers dedicated to continuing to provide this community with the values in our Mission and Vision Statements. We will continue to update our displays and provide interesting programs in the future. We will continue to be collecting oral interviews to collect memories from long- time residents of Los Alamitos. We feel this will add another dimension to the Los Alamitos Museum. This project was postponed from last year because of Covid-19 but we will begin again now.

2022/2023 HIGHLIGHTS:

The gift of period 1900 clothing, spinning wheel and assorted household items from a community member has enabled the Museum Board of Trustees and Docent the opportunity to create a corner dedicated to the 1900 period in our history.

The iconic Water Tower was upgraded with a clock on the Los Alamitos Boulevard side of the tower. The City of Los Alamitos generously purchased the clock.

Open house to promote the period clothing display was postponed due to Covid-19 but this display will now be highlighted on May 21, 2023, along with the updated Mounted Police Display and the dedication of the Water Tower Clock. The community will be invited.

Respectfully submitted,
Marilynn Poe
President
Los Alamitos Museum Association, Inc.

Proposed 2023/2024 Budget
INCOME: CATEGORY PROJECTED AMOUNT
Fundraisers 400.00
Grants 3,562.00
Donation Box 75.00
Membership 1,700.00

Total Projected Income $5,732.00

DISBURSMENTS

CATEGORY PROJECTED AMOUNT
Business Expense
Facility & Equipment 550.00
Operations/Insurance 1531.00
Fundraising/Program Expenses 1,970.00

Total Projected Disbursements $4,051.00
APPROVED BY: Board of Trustees DATE: 2/28/2023.

SAMPLE OF ITEMS PURCHASED FOR THE MUSEUM OR ITEMS INSTALLED AT THE MUSEUM AT THE COST OF THE MUSEUM ASSOCIATION:

In 1976, when the Los Alamitos Museum Association was given the use of the building for a museum, the building was EMPTY!
The Museum Board of Directors facilitated the installation of (partial list):

1. ALL DISLAY CASES

2. 6 CARD TABLES

3. 2 LONG TABLES

4. ROUNDS FOR TOP OF CARD TABLES

5. CHAIRS WERE DONATED

6. 1999- CHAIR RACK FOR CHAIR STORAGE=$200.00

7. 2 COMPUTERS ( NEW ONE THIS YEAR), 3 PRINTERS (NEW ONE THIS YEAR)

8. 1 DVR TO DISC RECORDER

9. 2003-UPGRADE OF ELECTRICAL SYSTEM=$4,325

10. 2005- SOUND SYSTEM

11. 2006-1/2 OF COST OF AIR & HEAT SYSTEM=$5,900

12. KITCHEN:
a. 1998- LOWER CABINETS ON SOUTHWALL=$361.73 (installation volunteered)
b. MARCH 2008- STOVE & HOOD=$1234.98
c. APRIL 2009- NEW REFRIGERATOR=$1200
d. 2015 NEW KITCHEN SINK FAUCET, DISPOSAL & $500 DISHWASHER

13. 6/2016 REPAIR OF AC UNIT $500+ (we did not dare ask for help from City)

14. 10/2017 - 8 WHITE ROUND TABLES WITH CARRIER=$1,000

15. 1/2018 A NEW SOUND SYSTEM=$1,000

16. 5/2018 NEW WINDOW COVERINGS FOR 6 WINDOWS=$1,200

17. 3/2021 4 GALLONS OF ENAMEL PAINT FOR WATER TOWER=$ 200

WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in Items on display at the Los Alamitos Museum (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Los Alamitos Museum Association, Inc. and the City of Los Alamitos, located at 11062 Los Alamitos Blvd., Los Alamitos, California 90720, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE

RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN

THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR

PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY

OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE

FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL

RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

I agree to indemnify and hold harmless Los Alamitos Museum Association, Inc. and the City of Los Alamitos against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Los Alamitos Museum Association, Inc. and the City of Los Alamitos incurs any of these types of expenses, I agree to reimburse Los Alamitos Museum Association, Inc. and the City of Los Alamitos.

I acknowledge that Los Alamitos Museum Association, Inc. and the City of Los Alamitos and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Los Alamitos Museum Association, Inc. and the City of Los Alamitos.

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S

PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Los Alamitos Museum Association, Inc. and the City of Los Alamitos AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS,

STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND

ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO

VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Los Alamitos Museum Association, Inc. and the City of Los Alamitos FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Los Alamitos Museum Association, Inc. and the City of Los Alamitos, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health.
insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, __________________________, and Los Alamitos Museum Association, Inc. and the City of Los Alamitos agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. In the event of an
emergency, please contact the following person(s) in the order presented:

Emergency Contact Relationship Contact Telephone
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

Participant's Name:___________________________________________________ Participant's Address:_________________________________________________ Signature:___________________________________________________________ Date:_______________________________________________________________

Los Alamitos Museum Association
Fiscal Year 2023/2024
Proposed Event Activity Schedule
Date & Time Event/Activity Description Type of Event Cost to Produce Tuesday, Thursday and Sunday Museum open to public Docent-guided tours, Cultural and Historic $0 (except holidays) special interest Activity
2-4pm and research
By Appointment Museum Scheduled Museum available by Education Activity $0 Tours appointment for group tours
3rd Sunday of February, April, July, October Open House or additional Highlight new exhibits with Clutural & Historic $0 2-4pm program if needed owner or organizer present Activity for Q&A
Fourth Tuesday of each month Board of Trustees Meeting to conduct business Museum Business Activity $0 6-pm Monthly Meeting of Los Alamitos Museum, Inc.

Saturday, February 18, 2023 Budget & Program Board of Trustees develop Strategic Planning Activity $0 10am-noon Workshop FY2022/2023 Plan
Saturday, February 18, 2023 Academy Awards Movie Classics shown Cultural Event $50 2-4pm Movie Day popcorn & sodas (Fundraising)
Canceled Due to Rain Los Alamitos Museum
Sunday, March 5, 2023 Honored Citizen Los Alamitos Museum annually Community Recognition Event $385 2pm Canceled to 2024 Award Ceremony solicit names of community members (Program) and/or organizations that have
enriched our community
Thursday, May 11, 2023 Public Works Lunch recognizng Los Community Recognition $250 Appreciation Lunch Alamitos Public Works Staff (Program) Friday, June 16, 2023 Docent Recognition Dinner Thank you for Volunteer Docents Community Recognition $300 5:30pm Museum Board of Trustees Installation (Program)

Los Alamitos Museum Association
Fiscal Year 2023/2024
Proposed Event Activity Schedule
Sunday, January 28, 2024 Honored Citizen Los Alamitos Museum annually Community Recognition Event $385 2pm Award Ceremony solicit names of community members (Program) Location: Los Alamitos Museum and/or organizations that have enriched our community
Saturday, February 10, 2024 Budget & Program WorkshopBoard of Trustees develop Strategic Planning Activity $0 10am FY2019/2020 Plan
Sunday, February 25, 2024 Academy Awards Movie Classics shown Cultural Event $50 2-4pm Movie Day popcorn & sodas (Fundraising)
Los Alamitos Museum
Thursday, March 21, 2024 Public Works Lunch recognizng Los Community Recognition $250 Noon Appreciation Lunch Alamitos Public Works Staff (Program) Friday, June 14, 2024 Docent Recognition Dinner Thank you for Volunteer Docents Community Recognition $300 5:30pm Museum Board of Trustees Installation (Program)

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 20, 2023 ITEM NUMBER: 10D
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Resolution 2023-18 - Approving the Fiscal Year 2023-2024 Project List for SB-1 Funds in the estimated amount of $294,072 towards the Carrier Row Street Improvement Project

SUMMARY
The City of Los Alamitos receives transportation funding from the State in the form of grants or direct allocation of Motor Vehicle Fuel Tax (Gas Tax) through the Highway Users Tax Account (HUTA). The Road Repair and Accountability Act of 2017 (SB-1) provides funding for the maintenance and repair of local streets and roads through a Road Maintenance and Rehabiliation Acccount (RMRA). To be eligible for funding, the City must submit a proposed project list to the California Transportation Commission along with a resolution documenting the approval of the City’s amended Capital Improvement budget to include the project to receive RMRA funding. Staff recommends the use of the RMRA funding for road improvements for the Carrier Row Street Improvement Project FY 22-23 in the estimated amount of $294,072.

RECOMMENDATION

1. Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and,

2. Adopt Resolution No. 2023-18, entitled, “A RESOLUTION OF THE CITY COUNCIL OF

LOS ALAMITOS, CALIFORNIA, TO ADOPT A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

TOWARDS THE CARRIER ROW NEIGHBORHOOD STREET IMPROVEMENT PROJECT FY 23-24."

BACKGROUND
The State of California imposes per-gallon excise taxes on gasoline and diesel fuel, sales taxes on gasoline and diesel fuel, and registration taxes on motor vehicles with allocations dedicated to transportation purposes. The City of Los Alamitos receives transportation funding from the State in the form of grants or direct allocation of Motor Vehicle Fuel Tax (Gas Tax) through the Highway Users Tax Account (HUTA).

The Road Repair and Accountability Act of 2017 (SB-1) is a major new investment in California’s transportation systems of about $5.2 billion per year. The Act increases per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration taxes, stabilizes fuel tax rates

and provides for inflationary adjustments to rates in future years. The new law requires the California Transportation Commission to adopt performance criteria to gauge progress, incorporate program oversight and financial accountability, and support efficient use of funds.

RMRA local streets and roads allocations must be used for projects that include, but are not limited to, the following:
• Road maintenance and rehabilitation
• Safety projects
• Railroad grade separations
• Traffic control devices
• Complete street components, “including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project • Match requirement to obtain state or federal funds for eligible project On April 28, 2017, the Governor signed into law Senate Bill 1 (SB-1), the Road Repair and Accountability Act. This act establishes the Roadway Maintenance and Rehabilitation Account (RMRA) and provides for an additional $52.5 billion statewide over the next decade to improve California’s pavement and transportation infrastructure. A ballot proposition (Proposition 6), which would have repealed SB-1, was rejected by voters in the November 2018 General Election. Funding is generated from an increase in gasoline and diesel fuel taxes, as well as an increase in vehicle registration fees and the initiation of a flat fee for electric vehicles.

Below is the basic framework and timelines for implementation of these new revenue sources:

November 2017
• Gasoline excise tax – 12 cent increase (30 cents total) • Diesel excise tax – 20 cent increase (36 cents total) • Diesel sales tax – 4 percent increase (5.75% total)
January 2018
• New “Transportation Improvement Fee” applied to vehicle registration fee based on value ($25 to $175 per vehicle)
July 2020
• New $100 zero-emission vehicle fee applied to vehicle registration fee

DISCUSSION
The SB 1 project list is an overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete street infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

Staff is proposing the Carrier Row Street Improvement Project be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues. The project will include a grind and overlay asphalt or slurry seal in the Carrier Row Neighborhood, which includes Saratoga Drive, Langley Drive, Essex Drive, Enterprise Drive, Midway Drive, Ticonderoga Drive, Ranger Drive, Tarawa Drive, Bunker Hill Drive, Green Ave (Saratoga to Ticonderoga), Howard Avenue (Lexington to Bennington). The streets within the project limits

will be ground and resurfaced with 2-inch thick Asphalt Rubber Hot Mix (ARHM), removed and replaced with either Asphalt Concrete (AC) over Aggregate Base (AB), Joint Plain Cement Concrete (JPCP), or Slurry Seal. Visible cracks will be filled with rubberized crack filling material. All manhole, water valve, anode and monitoring well covers within the project limits will be adjusted to grade. Existing curbs and driveways will be protected in place within the limits of the project. This project will also reinstall traffic striping, pavement markers, signing and install loop detectors at signalized intersections.

The project includes the following streets in the Carrier Row neighborhood:
• Saratoga Drive
• Langley Drive
• Essex Drive
• Enterprise Drive
• Midway Drive
• Ticonderoga Drive
• Ranger Drive
• Tarawa Drive
• Bunker Hill Drive
• Green Ave (Saratoga to Ticonderoga)
• Howard Avenue (Lexington to Bennington)Tripoli Avenue Environmental Review
Staff recommends that Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

FISCAL IMPACT
Since the start of the SB-1 program in 2017, the City has received the following amounts each year:
2017-18: $60,931 (was approximately 4 months for first year) 2018-19: $208,280
2019-20: $209,730
2020-21:$210,000
2021-22: $229,083
2022-23: $263,005
Fiscal Year 2023-24 Estimated Revenues and Capital Improvement Project Adopted Budget includes SB-1 expenditures and revenues estimated at $294,072.

Attachment: 1. Resolution No. 2023-18 - City Project List for SB1-Carrier Row

2. Carrier Row Slurry Seal - CIP

RESOLUTION NO. 2023-18
A Resolution OF THE CITY COUNCIL OF LOS ALAMITOS,

CALIFORNIA, TO ADOPT A LIST OF PROJECTS FOR FISCAL
YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 TOWARDS THE CARRIER

ROW NEIGHBORHOOD STREET IMPROVEMENT PROJECT
FY 2023-24
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and,
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of Los Alamitos are aware of the projects proposed for funding in our community and which projects are in progress or have been completed each fiscal year; and,
WHEREAS, the City of Los Alamitos must adopt by resolution a list of projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and,
WHEREAS, the City of Los Alamitos, will receive an estimated $294,072 in RMRA funding in Fiscal Year 2023-24 from SB 1; and,
WHEREAS, this is the seventh year in which the City/County is receiving SB 1 funding and will enable the City of Los Alamitos to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and,
WHEREAS, the City of Los Alamitos has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and, WHEREAS, the City of Los Alamitos used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and,

CC RESO 2023-18

WHEREAS, the funding from SB 1 will help the City of Los Alamitos maintain, rehabilitate and resurface residential roadways and add active transportation infrastructure throughout the City of Los Alamitos this year and hundreds of similar projects into the future; and,
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Los Alamitos’ streets and roads are in good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an excellent condition; and, WHEREAS, the average motorist pays more than $700 a year in added repair costs for their vehicle, just because of the poor condition of our roads however, a recent study by the American Road and Transportation Builders Association (ARTBA) found transportation improvements from SB 1 will bring annual savings of nearly $300 per household; and,
WHEREAS, without revenue from SB 1, the City of Los Alamitos, would have otherwise been delaying projects throughout the community; and, WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many and varied negative impacts on our community; and,
WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and,
WHEREAS, modernizing the local street and road system provides well-paying construction jobs and boosts local economies; and,
WHEREAS, the local street and road system is also critical for farm to market needs, interconnectivity, multimodal needs, and commerce; and, WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and,
WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make

CC RESO 2023-18

the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and,
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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 following list of newly proposed project will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Title: Carrier Row Neighborhood Street Improvement Project FY 23-24 Project Description: Grind and overlay asphalt or slurry seal in the Carrier Row Neighborhood, which includes Saratoga Drive, Langley Drive, Essex Drive, Enterprise Drive, Midway Drive, Ticonderoga Drive, Ranger Drive, Tarawa Drive, Bunker Hill Drive, Green Ave (Saratoga to Ticonderoga), Howard Avenue (Lexington to Bennington). The streets within the project limits will be ground and resurfaced with 2-inch thick Asphalt Rubber Hot Mix (ARHM), removed and replaced with either Asphalt Concrete (AC) over Aggregate Base (AB), Joint Plain Cement Concrete (JPCP), or Slurry Seal. Visible cracks will be filled with rubberized crack filling material. All manhole, water valve, anode and monitoring well covers within the project limits will be adjusted to grade. Existing curbs and driveways will be protected in place within the limits of the project. This project will also reinstall traffic striping, pavement markers, signing and install loop detectors at signalized intersections.

Project Location: Carrier Row Neighborhood, which includes Saratoga Drive, Langley Drive, Essex Drive, Enterprise Drive, Midway Drive, Ticonderoga Drive, Ranger Drive, Tarawa Drive, Bunker Hill Drive, Green Ave (Saratoga to Ticonderoga), Howard Avenue (Lexington to Bennington).

Estimated Project Schedule: Preconstruction (Start 07/2023, End 12/2023) Construction (Start 04/2024 – End 06/2024) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years
SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.

CC RESO 2023-18

PASSED, APPROVED, AND ADOPTED this 20th day of June, 2023. ________________________________
Tonya Doby, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20th of June, 2023, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Windmera Quintanar, MMC, City Clerk

RMRA Prject List (FY 2023-24)
Carrier Row Neighborhood Street Rehabilitation
Project Description: Project Location:

Grind and overlay asphalt or slurry seal in
the Carrier Row Neighborhood, which
includes Saratoga Drive, Langley Drive,
Essex Drive, Enterprise Drive, Midway
Drive, Ticonderoga Drive, Ranger Drive,
Tarawa Drive, Bunker Hill Drive, Green
Ave (Saratoga to Ticonderoga), Howard
Avenue (Lexington to Bennington). The
streets within the project limits will be
ground and resurfaced with 2-inch thick
Asphalt Rubber Hot Mix (ARHM), removed
and replaced with either Asphalt Concrete
(AC) over Aggregate Base (AB), Joint
Plain Cement Concrete (JPCP), or Slurry
Seal. Visible cracks will be filled with
rubberized crack filling material. All
manhole, water valve, anode and
monitoring well covers within the project
limits will be adjusted to grade. Existing
curbs and driveways will be protected in
place within the limits of the project. This
project will also reinstall traffic striping,
pavement markers, signing and install
loop detectors at signalized intersections.

Carrier Row Saratoga Drive, Langley Drive, Essex Drive, Enterprise Drive, Neighborhood: Midway Drive, Ticonderoga Drive, Ranger Drive, Tarawa Drive, Bunker Hill Drive, Green Ave (Saratoga to Ticonderoga), Howard Avenue (Lexington to Bennington)
Seven Year
Project Cost Total FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Construction Costs
Preliminary Eng/Environ
Design $ 65,000 65,000
Right-of-Way -
Construction 532,000 532,000
Construction Management 63,000 63,000
Total Construction $ 660,000 $ - $ 660,000 $ - $ - $ - $ - $ - Seven Year
Funding Source(s) Total FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 SB -1 Gas Tax $ 294,072 294,072
Gas Tax 365,928 365,928
Total Funding $ 660,000 $ - $ 660,000 $ - $ - $ - $ - $ -

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 20, 2023 ITEM NUMBER: 10E
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 1 with Fuscoe Engineering, Inc. for Consulting Services

SUMMARY
This item provides a basis for continuing consulting services with Fuscoe Engineering, Inc. regarding the annual preparation of the City’s Program Effectiveness Assessment (PEA) Report for two (2) additional years for an annual cost of $15,000, resulting in a total cost of $30,000. The current Consulting Services Agreement (CSA) will expire on June 21, 2023, and includes two (2) permissible two-year extensions.

RECOMMENDATION
Authorize the Mayor to execute Amendment No. 1 to the Consulting Services Agreement (CSA) with Fuscoe Engineering, Inc. for a two-year contract extension ending on June 21, 2025 for an annual amount of $15,000 and a total two-year amount of $30,000.

BACKGROUND
In order to ensure compliance with the State of California’s Regional Water Control Board Santa Ana Region Order, the County of Orange, Orange County Flood Control District, and incorporated cites of Orange County within the Santa Ana Regional Area are required to establish compliance and monitoring controls to ensure proper water quality control.

The City of Los Alamitos operates municipal storm drain systems and discharge storm water and urban runoff pursuant to National Pollutant Discharge Elimination System (NPDES) Permits. These Permits require the City to effectively prohibit non-storm water discharge into the storm drains and implement controls to reduce discharge of pollutants to the Maximum Extent Practicable (MEP).

A progress report, termed Program Effectiveness Assessment (PEA), is required on an annual basis. The objectives of the PEA are to present a compilation of the programmatic implementation and validation data; provide for annual data analyses by which the City can assess program effectiveness; ensure that the evaluation and improvement process is applied to each of the program’s elements; and provide a mechanism for the City to identify and report modifications that have or will be made to the Drainage Area Management Plan (DAMP).

In April 2021, the City released Requests for Proposals (RFP) 2021-05, which solicited proposals for consulting services regarding the preparation of the City’s Program Effectiveness Assessment (PEA) Report. Following a comprehensive review of bids received, RFP 2021-05

was ultimately awarded to Fuscoe Engineering Inc. in June 2021.

DISCUSSION
Serving as an integral group in the preparation of the City’s PEA Report, the Fuscoe Engineering team facilitates the invaluable information gathering component in the process, which ultimately enables the Fuscoe team to compile the final PEA report. Since the commencement of services, staff has been satisfied with the service provided by Fuscoe Engineering Inc.

Under the terms of the original Agreement executed in June 2021, this Agreement will expire on June 21, 2023 unless extended by mutual agreement. Fuscoe Engineering Inc. has agreed to provide continued services with no pricing adjustments. Amendment No. 1 to the PSA will extend the City’s contractual relationship with Fuscoe Engineering Inc., for two years ending on June 21, 2025. This contract renewal will utilize the first of two (2) permissible two-year contract extensions.

FISCAL IMPACT
Amendment No.1 will not trigger any budgetary changes. The annual cost will remain at $15,000 and the total two-year cost will be $30,000. Fiscal Year 2023-2024 will have sufficient funds for this service and will be paid via Account No. 10-537-5289.

Attachment: 1. Amendment No. 1 - Fuscoe Engineering, Inc. (2023)

2. Fuscoe Engineering, Inc. (2021)

AMENDMENT No. 1 TO CONSULTING SERVICES AGREEMENT
[City of Los Alamitos and Fuscoe Engineering, Inc.]
This Amendment No. 1 to Consulting Services Agreement (“First Amendment”) is made and entered into on this 20th day of June, 2023 by and between the City of Los Alamitos, a California charter city and municipal corporation (“City”), and Fuscoe Engineering, Inc., a California corporation (“Consultant”).

RECITALS
A. City and Consultant entered into that certain Consulting Services for Annual Preparation of the City’s Program Effectiveness Assessment (PEA) Report on June 21, 2021 (“Agreement”), which is incorporated herein by this reference.

B. The Agreement will expire on June 21, 2023, unless extended by mutual written agreement of the City and Consultant.

C. City and Consultant desire to extend the term of the Agreement for two additional years, until June 21, 2025, subject to the terms and provisions of this First Amendment.

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

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

3.4. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of four (4) years, ending on June 21, 2025, unless extended by mutual written agreement of the Parties, for a maximum of one (1) additional two (2) year contract extension.

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

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

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

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

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Consultant”
Fuscoe Engineering, Inc.

By:_______________________________
Ian Adam
Principal-in-Charge
[email protected]

By:_______________________________
Howard Wen
Senior Project Manager
[email protected]

1276969. 1
1 CONSULTING SERVICES AGREEMENT
City of Los Alamitos & Fuscoe Engineering, Inc.]
THIS CONSULTING SERVICES AGREEMENT (“ Agreement”) is made and entered into, to be effective this 21st day of June 2021 (“ Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“ City”) and Fuscoe Engineering, Inc., a corporation, (“ Consultant”). 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 Consulting Services for the Annual Preparation of the City’ s Program Effectiveness Assessment PEA) Report. (“ Project”).

B. Consultant has submitted to City a written proposal, dated May 4, 2021, to provide Consulting Services for the Annual Preparation of the City’ s Program Effectiveness Assessment PEA) Report for the Project.

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

D. City desires to engage 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. Consultant shall provide those services set forth in the Annual PEA Report Preparation Proposal, dated May 4, 2021, attached hereto as Exhibit “ A” (“ Scope of Services” and/or “ Project Services”). Consultant shall provide the Project Services in compliance with all terms and conditions of this Agreement. Consultant 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. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Project Services. Consultant represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

1276969. 1
2 1.1.1 Resolution of Inconsistencies. In the event of any inconsistency between or among the terms and conditions contained in the main body of this Agreement and the Scope of Services, such inconsistency shall be resolved by applying the provisions in the highest priority of the documents containing such inconsistency, which shall be determined in the following order of declining priority: ( 1st) the main body of this Agreement; and ( 2rd) the Scope of Services.

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

DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

1276969. 1
3 2. COMPENSATION

2.1 Maximum Contract Amount. Consultant shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the rates and charges set forth in the Scope of Services in an amount not to exceed Fifteen Thousand Dollars and Zero Cents ($ 15,000) annually. 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 Consultant wishes to receive payment, Consultant 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 Consultant 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 Consultant’ 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 Consultant is an essential condition of this Agreement.

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

DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

1276969. 1
4 3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant ( 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 Consultant, 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 Consultant 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 a period of two (2) years, ending on June 21, 2023, unless extended by mutual written agreement of the Parties, for a maximum of two (2) – 2-year contract extensions.

4. COORDINATION OF PROJECT SERVICES

4.1 Consultant’ s Representative. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith: Howard Wen, Senior Project Manager. 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 Consultant and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Consultant 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 Consultant' s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Consultant 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 Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant 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. Consultant shall not DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

1276969. 1
5 contract with any other entity to perform the Project Services without prior written consent of City.

If Consultant is permitted by City to subcontract any part of this Agreement, Consultant 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 Consultant. 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 Consultant, 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 Consultant or any surety of Consultant 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 Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant 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 Consultant shall at all times be under Consultant’ s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement.

Consultant, 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 Consultant’ s officers, employees, or agents or in fixing their number, compensation, or hours of service. Consultant 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 Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

4.4.2 Consultant 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 Consultant, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Project Services. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, representatives, agents, subconsultants or subcontractors, DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

1276969. 1
6 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 Consultant’ s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant 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 Consultant or any officer, employee, representative, agent, subconsultant or subcontractor 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, Consultant 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 Consultant 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, Consultant 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. Consultant 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. Consultant 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 Consultant’ s existing insurance policies do not meet the insurance requirements set forth herein, Consultant 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, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5.2.1 Commercial General Liability Insurance. Consultant 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 DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

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7 1,000,000.00) per occurrence and Two Million Dollars ($ 2,000.000.00) in the general aggregate.

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

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

5.2.3 Workers’ Compensation Insurance. Consultant 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. Consultant 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. Consultant 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, Consultant shall not be required to procure either Worker’ s Compensation Insurance or Employer’ s Liability Insurance if Consultant provides written verification to the City that Consultant 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 Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant 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 Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

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8 5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

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

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

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

5.4.1.3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant 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. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant 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 Consultant’ s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten ( 10) calendar days prior written notice. ( A statement that notice will be provided " in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)

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

5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Consultant 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.

DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

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9 5.6.1 Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval.

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

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

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

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

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

5.10.1 Consultant 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 DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

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10 the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

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

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

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

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

6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend ( at Consultant’ 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 Consultant, 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 DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

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11 attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, and only to the extent that the Project Services performed by Consultant 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 Consultant.

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

7. REPORTS AND RECORDS

7.1 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant 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. Consultant 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 Consultant, 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 Consultant 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. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant 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 Consultant fails to secure such assignment, Consultant 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 Consultant, 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.

DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

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12 8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant 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 Consultant. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty ( 30) calendar days written notice to Consultant, 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, Consultant shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Consultant 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 Consultant.

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

8.6.2 If the Contract Officer determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. If such default is capable of being cured, Consultant 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 Consultant fails to cure its default within such period of DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

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13 time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant 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 Consultant 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 Consultant 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 Consultant for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Consultant shall not limit Consultant’ s liability for completion of the Project Services as provided herein.

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

9. CITY OFFICERS AND EMPLOYEES: NON- DISCRIMINATION

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

9.2 Covenant Against Discrimination. Consultant 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. Consultant 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.

DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

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14 10. MISCELLANEOUS PROVISIONS

10.1 Confidentiality. Information obtained by Consultant in the performance of this Agreement shall be treated as strictly confidential and shall not be used by Consultant for any purpose other than the performance of this Agreement without the written consent of the Contract Officer.

10.2 Patent and Copyright Infringement.

10.2.1 To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’ s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from City's alteration of a deliverable where such alteration created the infringement upon any presently existing U.S. letters patent or copyright.

10.2.2 Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’ s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’ s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally 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 – Fuscoe Engineering, Inc.

DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

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

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

Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
mdaudt@wss- law.com
To Consultant: Ian Adam
Principal- in-Charge
16795 Von Karman Suite 100
Irvine CA 92606
iadam@fuscoe. com

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

10.5 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.

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

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

10.8 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.

DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

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16 10.9 Prevailing Wages. Consultant 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”). Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non- payment of prevailing wages under California law, and Consultant 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.

10.0 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]
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17 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:_______________________________
Tanya Doby
Mayor
APPROVED AS TO FORM.

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

By:_______________________________
Windmera Quintanar, MMC
City Clerk
Consultant”
Fuscoe Engineering, Inc.

By:_______________________________
Ian Adam
Principal- in-Charge
iadam@fuscoe. com
By:_______________________________
Howard Wen
Senior Project Manager
hwen@fuscoe. com
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B 3/ 1/ 2023
3/ 1/ 2023
3/ 7/ 2023
3/ 7/ 2023
3/ 7/ 2023

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EXHIBIT “ A”
CONSULTANT’ S PROPOSAL/ SCOPE OF SERVICES
DATED: May 4, 2021
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

CONSULTING SERVICES FOR ANNUAL

PEA REPORT PREPARATION

PROPOSAL TO PROVIDE

FOR CITY OF LOS ALAMITOS
FUSCOE ENGINEERING, INC.

Key Contact: Stephanie Castle Zinn, MSCE, MURP
16795 Von Karman, Suite 100, Irvine, CA 92606
949.474.1960 tel / scastlezinn@fuscoe. com
www.fuscoe. com
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

May 4, 2021

CITY OF LOS ALAMITOS
Ron Noda, Acting Deputy City Manager
3191 Katella Avenue
Los Alamitos, CA 90720
RREE:: CCOONNSSUULLTTIINNGG SSEERRVVIICCEESS FFOORR TTHHEE AANNNNUUAALL PPRREEPPAARRAATTIIOONN OOFF TTHHEE CCIITTYY’’ SS PPEEAA RREEPPOORRTT Dear Ron,
The Fuscoe Engineering, Inc. ( FEI) team is excited for the opportunity to provide City of Los Alamitos with Annual PEA Report Preparation Consulting Services. FEI brings a solid, reliable and innovative team of professionals with a reputation for high- caliber stormwater/ water quality solutions and engineering design. Fuscoe has the Experience, Technical Expertise, and Reliability to fully meet the City ’s Annual PEA Report Preparation needs.

1. Experience, History, Philosophy & Capabilities
Fuscoe Engineering has provided Civil Engineering and Survey/ Mapping Services for local, State and Federal Agencies since 1992. Also, recognizing the need for municipal stormwater management, for the past 20 years, Fuscoe has assisted Cities, Agencies and Schools with their PEA Reports and NPDES/ SWPPP Stormwater Programs, acting as a trusted advisor by providing effective stormwater management strategies.

Our Civil, Survey/ Mapping and Stormwater Management teams have long worked collaboratively and synergistically to ensure all clients benefit from Fuscoe’ s full circle thinking® project approach. Each of our Key Team Leaders, listed below, oversees a team of personnel dedicated to providing their respective services:

KKEEYY TTEEAAMM LLEEAADDEERRSS YYEEAARRSS OOFF

EEXXPPEERRIIEENNCCEE
Ian Adam, Principal-In-Charge 20
Howard Wen, Senior Project Manager, SWPPP/NPDES Programs Leader 17 Stephanie Castle Zinn, Project Manager, Water Resources Leader - KKEEYY CCOONNTTAACCTT 12 Our Stormwater Management team fully understands the State, County and Regional Water Quality Control Boards’ permit requirements, interpretations and expectations. We have recent and relevant experience interacting with the Regional Boards through audits, negotiations and permit feedback. We have provided services for Agencies of all sizes and know there is no one- size fits all approach. We work with staff at all levels to understand their needs, in order to provide the optimal strategies to achieve compliance. Our team members are highly skilled, with years of PEA Report and SWPPP/ NPDES consulting experience.

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2. Technical Expertise
Fuscoe Engineering is technology-forward and has unique tools and resources which are more efficient for meeting permit objectives. We have the technical background and expertise to ensure that the City of Los Alamitos’ Annual PEA Reports are in compliance with MS4 Stormwater Permit requirements. Understanding the importance of data management in Stormwater Programs, Fuscoe has spent the past several years developing heavily customized inspection software to improve upon the inventory, scheduling, inspection and annual reporting processes. Additionally, Fuscoe has provided GIS support to several Agencies for utility networks, catch basin inventories, commercial/ industrial facilities and trash TMDL assessments (hot spot analysis by land use). We have developed such data management processes for the City of Los Alamitos in the past.

3. Reliability
Fuscoe Engineering offers an experienced team you can trust. We are reliable and have a demonstrated track record of performance. As wellrespected civil engineers and scientists in the stormwater management field, we have built strong relationships with Regional Water Quality Control Board staff. Our firm has represented Agency staff during stormwater program audits, served as advisors during regulatory permit negotiations, and provided technical assistance during comment periods for NPDES permit renewals. This experience is indispensable for future Permit activities with Regional Board staff.

We are excited and prepared to provide our Annual PEA Report Consulting Services for the City of Los Alamitos.

Sincerely,
FUSCOE ENGINEERING, INC.

Ian Adam, MESM, CPSWQ, QSD Howard Wen, MPH, CPSWQ, QSD/ P Principal- in-Charge Senior Project Manager
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Table of Contents

A LETTER OF TRANSMITTAL
B. COMPANY DATA .............................................................................. 1 C. PROPOSAL
A. Introduction & Understanding of the Scope of Services ........................ 4 B. Approach to Delivering the Scope of Services ...................................... 4 C. Brief Company Profile & Years in Business .......................................... 6 D. Location of Office for Contract Implementation ................................... 6 E. Professional Qualifications of Personnel ............................................. 7 F. Per City, Refer to Section D1 ( five client references) .................... See D1 G. Cost Proposal & Hourly Rates .......................................................... 12 H. Other Information: Firm Philosophy ............................................... 13 I. Insurance Coverage Statement ........................................................ 13 D. REFERENCES & QUALIFICATION REQUIREMENTS

1. Client References ( Five) .................................................................. 15

2. General Business Statement ........................................................... 22

3. Financial Statement ....................................................................... 23

4. Credit References ( Five) .................................................................. 25

5. Work History - Contracts ................................................................. 25 DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

B - Company Data
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City of Los Alamitos Annual PEA Report Consulting Services RFP page 1

B - FUSCOE ENGINEERING FIRM DATA

1. Official firm name and address
FUSCOE ENGINEERING, INC. / 16795 Von Karman, Suite 100, Irvine CA 92606

2. Name, address, telephone number and email address of the Proposer’ s point of contact Stephanie Castle Zinn, MSCE, MURP
16795 Von Karman, Suite 100, Irvine CA 92606
949.474.1960
scastlezinn@fuscoe. com

3. Indicate type of entity ( corporation, company, joint venture, etc.).

Fuscoe Engineering, Inc. is a California Corporation and ESOP ( Employee Stock Ownership Plan) Firm.

4. Federal Employer I.D. Number
330531135

5. The address, telephone numbers, and fax numbers of each of your firm’ s locations 16795 Von Karman, Suite 100, Irvine CA 92606 / 949.474.1960 / 949.474.5315 6390 Greenwich Drive, Suite 170, San Diego CA 92122 / 858.554.1500 / 858.597.0335 2850 Inland Empire Blvd., Suite B, Ontario, CA 91764 / 909.581.0676 / 909.581.0696 800 Wilshire Blvd., Suite 1470, Los Angeles CA 90017 / 213.988.8802 / 213.988.8803

6. A detailed statement indicating whether Proposer is entirely or partially owned by another business organization or individual Fuscoe Engineering, Inc. is not owned by another business organization or individual.

7. Number of years Proposer has been in business under the present business name Fuscoe Engineering, Inc. was established September 9, 1992 - 28 years in business.

8. All comparable contracts currently in effect
City of Brea NPDES Consulting Services
City of Tustin NPDES Consulting Services
City of Anaheim NPDES Consulting Services
Del Mar Fairgrounds NPDES Consulting Services
Orange County Fairgrounds NPDES Consulting Services

B - COMPANY DATA
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City of Los Alamitos Annual PEA Report Consulting Services RFP page 2

B - COMPANY DATA

9. Please describe areas of specialization provided by the Proposer Civil Engineering
Survey & Mapping
Stormwater Management
City MS4 Program Consulting Services
Development of Watershed Improvement Plans
Assistance with Regional Board Audits and Enforcement
Stormwater Compliance Inspections
EIR Technical Analysis and Support
Low Impact Development Design
SWPPP Development and Compliance
Geospatial Technology

10. Any failures or refusals to complete a contract and explanation Fuscoe Engineering, Inc. has no failures or refusals to complete a contract.

11. Financial interests in other lines of business
Fuscoe Engineering, Inc. has no financial interests in other lines of business.

12. Known conflicts of interest
Fuscoe Engineering, Inc. has no known conflicts of interest.

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C - Proposal
A - Letter of Introduction with Understanding of Scope
B - Approach to Delivering the Scope of Services
C - Brief Company Profile with Years in Business
D - Location of Principal Office Responsible
E - Description of Professional Qualifications of Personnel F - Per the City of Los Alamitos, Refer to Section D1
G - Cost Proposal with Hourly Rates
H - Other Information / Customer Service Philosophy
I - Insurance Coverage Statement
J - Quality Control & Assurance
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City of Los Alamitos Annual PEA Report Consulting Services RFP page 4

A - INTRODUCTION & SCOPE UNDERSTANDING
Los Alamitos Race Course
City of Brea Civic & Cultural Center
Del Mar Fairgrounds Infield Water Quality Project
Introduction & Understanding of Scope of Services
Fuscoe Engineering, Inc. is a full-service civil engineering firm that employs an eco-adaptive® approach to our work. Our firm strives to create places and spaces that connect to the environment and the watersheds where they reside. In addition, FEI has specialized in stormwater management since 1996. In addition to evolving land development practices to address sustainability, low impact development, water conservation and water resources, FEI recognized that municipalities needed assistance in navigating NPDES policies and regulations for stormwater.

We have provided our expertise to help develop and implement Cities’ Stormwater Programs, assisted in audits by the Regional Board, trained staff and performed stormwater compliance inspections, developed technical guidance documents for various City departments, prepared Annual Reports and performed Program Effectiveness Assessments. The Program Effectiveness Assessment services, in particular, has been an integral component of our consulting services to Cities for over 17 years.

In fact, FEI has assisted the City of Los Alamitos with this for the past seven years.

Approach to Delivering the Scope of Services
Our Stormwater Team is comprised of professionals with a diverse background in environmental science and water resources, civil engineering, and technology. With these wide- ranging skill sets, FEI takes a holistic approach to solving problems, which we’ ve termed full circle thinking®. Our approach is grounded in science and we leverage the technologies at our disposal, such as GIS, machine learning ( artificial intelligence), and development of web- based applications, to help our clients. For the City of Los Alamitos, this would be no different. This approach is the reason why we’ ve developed a good reputation with the Regional Board and why our assistance to the Cities in audits and annual reports have been successful and well- received.

Over the past 7 years in preparing the PEA for the City of Los Alamitos, we feel that we have developed a strong relationship with City staff and a process that has proven to be efficient and collaborative. Soon after the fiscal year is concluded, FEI staff meets with City staff to outline the DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos Annual PEA Report Consulting Services RFP page 5

B - APPROACH TO DELIVERING SCOPE
schedule and milestones for preparing the PEA. FEI then works with each staff member on their specific data requests to ensure the information is accurate and complete. The data is then analyzed by FEI with all previous years to determine geospatial and temporal trends. Visual representation of data is an effective tool for evaluating stormwater programs. These trends are then discussed with City staff to determine whether stormwater program elements need adjustment to iteratively improve the program.

Recommendations are provided by FEI for City consideration prior to the finalization of the PEA.

Orange County Fairgrounds by night
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C - COMPANY PROFILE & D - OFFICE LOCATION
Fuscoe Engineering, Inc. is an award- winning firm specializing in civil engineering, survey & mapping, stormwater management, sustainable site design and geospatial technology services. Our team has delivered creative, practical and successful designs for agencies and clients in many cities across Southern California. Our project bandwidth spans public stormwater improvement projects, streets, parks, flood control and utilities, as well as commercial, retail, mixed- use, residential and industrial developments.

FUSCOE FACTS
A California Corporation | An Employee Owned Company
Founded in 1992
170 Employees | 57 Licensed Professionals
www.fuscoe. com

FUSCOE KEY CONTACT & OFFICE LOCATION
Stephanie Castle Zinn, MSCE, MURP, Project Manager, Water Resources 16795 Von Karman Ave., Suite 100, Irvine, CA 92606
949.474.1960 tel | 949.474.5315 fax
scastlezinn@fuscoe. com

LOCATIONS
Irvine | Los Angeles | San Diego | Ontario

CIVIL ENGINEERING
O Entitlements & Feasibility
O Grading & Drainage, Sewer & Water Infrastructure
O Flood Control & Urban Hydrology
O Roadways, Parking & Trails
O Municipal Infrastructure

SURVEY & MAPPING
O Boundary & Topographic Surveys
O Construction Layout
O ALTA Surveys
O Subdivision Maps

STORMWATER MANAGEMENT
O Water Quality Assurance
O Continuous Simulation Modeling & Hydromod Evaluation
O Riverine Stability/ Urban Creek Restoration
O MS4 Compliance & Municipal Consulting Services
O LID BMP Integration and Runoff Reduction
O EIR Technical Studies, Grant Evaluations & Funding Acquisition O SWPPP Development and Compliance

SUSTAINABLE SITE DESIGN
O Eco-adaptive® Design
O LEED Project Planning & Design, Sustainable Best Practices O Renewable Energy Support
O “ Green Streets” Design & Integration

GIS & TECHNOLOGY
O GIS Analysis & Databases
O Web Solutions
O 3D Visualization & Virtual Reality
O UAV Drone Optical Capture

O BIM & IPD
Fuscoe Irvine Office

FUSCOE ENGINEERING PROFILE
Our firm approaches every assignment with full circle thinking® – our way of bringing alert, inventive and complete thoughtfulness to projects. We consider the entire life- cycle of our work so the outcome is sustainable, environmentally as well as economically. Fuscoe offers these premier services:

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E - PERSONNEL QUALIFICATIONS

E - PROFESSIONAL QUALIFICATIONS OF PERSONNEL
Fuscoe Engineering has assembled a highly experienced, reliable and innovative team of professionals with extensive and relevant project expertise to partner with the City of Los Alamitos for the preparation of its Annual PEA Report. Howard Wen, MPH, CPSWQ, QSD/ P will be the Senior Project Manager and Stephanie Castle Zinn, Project Manager Water Resources, will serve as the Key Contact. Below is a recap of the Team Leaders' qualifications and role, with a bulleted list of relevant projects. For additional details regarding key team members, please see resumes.

NAME / ROLE / CERTIFICATIONS BACKGROUND AND EXPERIENCE
Howard has 16 years of experience in developing, implementing and innovating stormwater programs.

He serves as the head of Fuscoe's SWPPP Monitoring Team that inspects construction sites for NPDES compliance for storm and non- storm water discharges. Howard' s services help mitigate downstream impacts to creeks, rivers, or public drainage facilities, and he provides on- site resolution for Regional Board inspections. His expertise also includes NPDES stormwater and Phase II MS4 consultation, including stormwater program administration, technical support for RWQCB audits, WQMP/ LID plan checking and MS4 inspection services.

Howard' s relevant projects include:

SEED LA Charter Boarding School SWPPP Programs, Los Angeles Diamond Bar Development SWPPP Programs, Diamond Bar
Cielo Vista SWPPP Programs, Yorba Linda
Rose Hills Master Plan SWPPP Programs, Whittier
Orange County Fairgrounds Phase II MS4 Permit Support, Costa Mesa NPDES Programs, Cities of Anaheim, Tustin, Brea & Yorba Linda OC Fairgrounds Master Drainage Plan & TMDL Compliance
Rancho Mission Viejo Riding Park, San Juan Capistrano
Howard Wen,

MPH, CPSWQ, QSD/ P
Senior Project Manager
MPH, Master of Public Health in
Environmental Health Sciences,
UC Los Angeles
CPSWQ, Certified Professional in
Stormwater Quality
QSD/ P, Qualified SWPPP Developer/
Practitioner
Stephanie Castle Zinn,

MSCE, MURP

KEY CONTACT
Project Manager, Water Resources
MS, Civil Engineering and
MS, Urban & Regional Planning
UC Irvine
Stephanie will serve as the City' s Key Contact and Project Manager, Water Resources, responsible for technical feasibility studies, water reuse evaluations, concensus building and agency collaboration.

Stephanie' s work involves NPDES MS4 Permit requirements, EIR Technical Reports, infrastructure analysis, water quality plan checks, staff training, audit support ( RWQCB oversight), GIS management, regional BMP planning and evaluation, credit trading program and BMP inspections.

Stephanie' s relevant projects include:

City of Anaheim Stormwater Support Services
Del Mar Fairgrounds Stormwater Improvement Projects
City of Long Beach, SEASP ( South East Area Specific Plan) City of Westminster General Plan Update
City of Lake Forest Clean Water Act Lawsuit Technical Support City of Los Alamitos PEA Services
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HOWARD WEN, MPH, CPSWQ, QSD/ P
ROLE: Senior Project Manager
Howard has 16 years of experience in developing, implementing and innovating stormwater programs. He has offered his expertise in NPDES stormwater policies and regulations as a consultant to the Cities of Yorba Linda, Brea, Los Alamitos, Tustin and Anaheim, as well as Phase II MS4 permittees, such as Del Mar Fairgrounds and OC Fair Event Center. Roles with these permittees include stormwater program administration, technical support for RWQCB audits, WQMP/ LID plan checking and MS4 inspection services, among others. Howard and his team have completed hundreds of MS4 inspections for construction sites, commercial and industrial facilities as well as LID and BMP operations and maintenance inspections for Cities. He has led the development of database and GIS management tools to record and track MS4 compliance inspections for Cities; electronic inspection forms for use with hand- held devices; and analytical tools to assess program effectiveness in improving stormwater quality. As a QSD, Howard also serves as the head of the Stormwater Pollution Prevention Plan ( SWPPP) Monitoring Team that inspects construction sites for NPDES compliance for storm and non- storm water discharges. The team’ s services help mitigate and abate downstream impacts to creeks, rivers, or public drainage facilities, specifically in terms of erosion and water quality.

The team also provides on- site resolution for Regional Board inspections and notices of violations for private developers and public agencies.

Howard has prepared Municipal Stormwater Program Annual Reports for over 15 years and has developed processes to analyze spatial and temporal data collected by Cities to evaluate trends in program compliance and water quality improvement. Cities can, therefore, feel confident that the iterative improvements made to their Stormwater Programs are grounded by the results of their inspection, monitoring, maintenance and enforcement activities. Howard has assisted the Cities of Tustin, Brea, Los Alamitos and Lake Forest in evaluating Trash Amendment TMDL Track 1 impacts through GIS, to identify where full trash capture systems would need to be installed. This has allowed these Cities to financially plan for compliance with this Statewide TMDL.

EDUCATION
MPH, Master of Public Health in Environmental Health Sciences, University of California, Los Angeles, School of Public Health, 2001 BS, Microbiology and Molecular Genetics, University of California, Los Angeles, 1998, Specialization in Business and Administration

REGISTRATIONS/ CERTIFICATIONS
Certified Professional in Stormwater Quality ( CPSWQ)
Qualified SWPPP Developer/ Practitioner ( QSD/ P)
FEI TEAM MEMBER SINCE 2002
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STEPHANIE CASTLE ZINN, MSCE, MURP
ROLE: Water Resources Project Manager & KEY CONTACT
Stephanie’ s stated career objective is to be an expert contributor to resolving the challenges confronting California’ s water resource management. Stephanie brings impeccable scientific and professional qualifications to her work at Fuscoe, including her work as a Data Specialist at the UC Center for Hydrologic Modeling at UC Irvine, where she studied the impacts of drought on surface and groundwater resources in the Western U.S.

In addition to her academic credentials, she has published scientific articles; participated in presentations for politicians in DC and Sacramento, the Pentagon, and the American Geophysical Union; has been a guest lecturer at the International Space University in Austria; participated in World Water Week discussions in Sweden; and conducted various forums and workshops in New York and California for teachers, water researchers and political stakeholders.

As a Fuscoe Project Manager with a focus on water resources, Stephanie ably applies her research, skillsandknowledgetoreal-worldprojects. Stephanie’s roleatFuscoeEngineering entails advancing Fuscoe’ s water resources sector by designing sustainable, multi- benefit low impact development project solutions that improve local and regional water quality and increase water supplies. She provides feasibility analyses for the implementation of water conservation features, including rain water harvesting and grey water reuse, for all projects. Stephanie also manages the preparation of EIR technical reports, including infrastructure analysis and water supply assessments for CEQA compliance. Stephanie is equally passionate about applying leading edge technology to Fuscoe projects by utilizing the firm’ s FAA registered UAV Drones as well as its Artificial Intelligence and machine learning capabilities, to help promote smart cities for her municipal clients.

Stephanie’ s enthusiasm for her work and genuine concern for California’ s water resources are qualities that greatly contribute to the success and effectiveness of Fuscoe’ s wellrespected stormwater management team.

EDUCATION
MS, Civil Engineering, University of California, Irvine UC Center for Hydrologic Modeling Graduate Fellow
MS, Urban and Regional Planning, University of California, Irvine Concentration: Water Resource Research, Policy & Management UC Center for Hydrologic Modeling Graduate Fellow
BS, Earth System Science, University of California, Irvine Concentration: Sustainability, Remote Sensing & Terrestrial Hydrology

PUBLICATIONS
Groundwater Depletion During Drought Threatens Future Water Security of the Colorado River Basin (Geophysical Research Letters, 2014) Remote Detection of Water Management Impacts on Evapotranspiration in the Colorado River Basin ( Geophysical Research Letters, 2016)

PRESENTATIONS/ OTHER
Quantifying Water Storage Changes in the Colorado River Basin Using Satellite Observations, Modeled Results and In Situ Data ( Thesis) California Water Resources During Drought, for Sen. Boxer’ s flight with President Obama to the Central Valley ( PowerPoint) Quantifying Changes in Accessible Water in the Colorado River Basin, at American Geophysical Union in San Francisco ( Oral Presentation) Last Call at the Oasis documentary film ( Computer Graphics) AWARDS
2013 Don Owen Water Science & Policy Fellowship Recipient 2012 OC Association of Environmental Professionals Scholarship

AFFILIATIONS
Urban Land Institute
FEI TEAM MEMBER SINCE 2014
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TAYLOR HANSON
TITLE Data Science Technician | OFFICE Irvine, CA
Taylor earned his Bachelor of Science degree at University of California Irvine and serves as a Data Science Technician on the Geospatial Technology Team. Taylor brings a unique cross section of skills in Artificial Intelligence, GIS software and web programming to Fuscoe Engineering. He specializes in the computer vision field of artificial intelligence, using object detection, segmentation and classification. Taylor is a valuable resource to Fuscoe and provides software solutions to complex problems, saving time and money.

Taylor’ s significant projects include Loma Segment Widening Project 241 Toll Road for the Transportation Corridor Agency, 15/ 91 Corona Interchange UAV Construction Monitoring for Myers- Rados for Caltrans, Anaheim Stormwater Program, AI Street Trash detection for City of Anaheim, and AI Pavement Inventory for Various Cities as well as for Bucknam Infrastructure Group for City of Orange. His project assignments have also included 3D Laser Scanning for Barrington Plaza in Los Angeles for Barrington Pacific, LLC, Hoag Hospital AI Parking Study for LPA, Inc. for Hoag Hospital Irvine, Seaworld 2020 Rollercoaster Drone Construction Monitoring for Level 10 Construction for Seaworld San Diego, 23,000- acre UAV Tree Mapping Analysis in Escondido for Rancho Guejito Corporation, and Construction Monitoring of The Groves Master Plan in Whittier for Brookfield Residential, among many others.

EDUCATION
BS, Computer Science
University of California, Irvine

REGISTRATIONS/ CERTIFICATIONS
Drone Pilot License # 4395223
Python
JavaScript
C/ C++/ C#
FEI TEAM MEMBER SINCE 2018
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SERENA AUSILI, EIT
TITLE Associate Stormwater Engineer | OFFICE Irvine, CA Serena’ s enthusiasm and drive to achieve is evident in the quality of her work. She is a dedicated Fuscoe Stormwater Management team member, known for her meticulous attention to detail and responsiveness to client needs. Serena’ s work focus includes Environmental Compliance Plans, SWPPPs and WQMPs, and she is highly proficient in AutoCAD, MATLAB and SketchUp.

In the past year at Fuscoe Engineering, Serena has applied her skills to over 60 assignments for projects throughout Southern California. She has provided a variety of services, including Environmental Compliance Plans for dozens of Costco Wholesale sites, Stormwater Program Implementation for Del Mar Fairgrounds, Stormwater Program Support Services for City of Anaheim Public Works Department, WQMPs and SWPPPs for Sunrise of Oceanside, Legacy Square Affordable Housing in Santa Ana and Cielo Vista single- family homes in Yorba Linda, NPDES Services for City of Brea, Water Quality Assessments for Ontario Great Park, and a Master WQMP Update and SWPPP Amendment for the Samueli Academy gymnasium and soccerfield in Santa Ana.

EDUCATION
BS, Environmental Engineering
University of California, Irvine

REGISTRATIONS/ CERTIFICATIONS
EIT ( Engineer- in-Training)
FEI TEAM MEMBER SINCE 2020
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G - COST PROPOSAL & HOURLY RATES

G - COST PROPOSAL
Scope: Prepare the City of Los Alamitos Annual Report and Program Effectiveness Assessment for the City’ s stormwater program. To ensure for an efficient process and robust deliverable, FEI will work closely with City staff and consultants to maintain all necessary documentation, databases, exhibits, and other materials to complete all required Section 1-12 elements. The coordination process will include a kickoff meeting with a schedule, ongoing communication with City staff and their consultants, enhanced forms for City staff/consultants to fill out to expedite the process, and 1-2 periodic milestone check- in meetings to ensure all information has been shared and is accurate. FEI will perform data analysis and the effectiveness assessment and share any remarkable stormwater data trends with the City. FEI will also suggest any identified improvements for the subsequent year with the City for discussion and potential incorporation into the final Annual Report documentation. FEI will complete the Unified Report Tables, Annual Report documents and create GIS exhibits for ultimate submittal to the County of Orange and Santa Ana Regional Water Quality Control Board.

Fee: $ 15,000

G - HOURLY RATES

CLASSIFICATION HOURLY RATE
Principal / Senior Project Manager $ 230
Project Manager $ 198
Senior Designer / Project Engineer / Senior Water Resource Engineer $ 178 Designer / Engineer / Project Scientist / GIS Analyst $ 159 CADD / Engineering / Environmental Technician / Graphics Technician $ 129 Information Coordinator $ 90
1-Man Survey Crew $ 206
2-Man Survey Crew $ 299
3-Man Survey Crew $ 412

1. Reproduction and other reimbursable expenses ( such as overnight deliveries, mileage, permits, and licenses, etc.) and client approved subcontractor services will be billed in addition to the above rates, with a 10% handling surcharge.

2. This rate schedule is subject to change due to the granting of wage increases and/ or other employer benefits to field or office employees during the lifetime of this agreement.

3. Overtime is available for critical deadlines at 1-1/ 2 times the normal rates for office employees. Surveyors' rates are also adjusted automatically for overtime or holiday/weekend work in agreement with the Operating Engineers Union.

Effective through June 30, 2021
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City of Los Alamitos Annual PEA Report Consulting Services RFP page 13 H - SPECIAL SERVICES & PHILOSOPHY and

I - INSURANCE STATEMENT
Fuscoe Engineering, Inc. is an award- winning civil engineering firm specializing in land development and municipal projects. Since 1992, we’ ve delivered creative, practical and successful designs for best- in-class clientele throughout California, and internationally.

Our firm approaches every assignment with full circle thinking® our way of bringing alert, inventive and complete thoughtfulness to engineering. We consider the entire life-cycle of our work so the outcome is sustainable both environmentally, as well as economically.

We also strive to integrate our results with the entire consulting team looking out for benefits to each discipline so the results exceed the sum of its parts. We believe that creativity is discovering new ways to connect what you’ ve experienced to what you already know adding value and cutting time or costs along the way. To this end we collect, organize and leverage valuable know- how from every employee and every project for our clients.

Our project bandwidth spans commercial, retail, mixed-use, residential, higher education and industrial developments, as well as public streets, parks, flood control and utilities. Our firm has a high talent density with nearly half being registered or certified professionals including LEED® accreditation.

Guided by full circle thinking®, we are able to attract, keep and grow outstanding people while maintaining longstanding relationships with our clients and community. Our reputation is excellent and is the earned perception of how well we execute our work. It’s our character that reflects who we really are – capable professionals who care about our team, our clients and our community.

H - Other Information for consideration: Fuscoe' s full circle thinking® Philosophy I - Insurance Coverage Statement
Fuscoe Engineering, Inc. confirms that if selected, the firm will have and maintain, at minimum, insurance as specified in the Consultant Services Agreement included in Section F of this RFP. Fuscoe Engineering, Inc. confirms that it can meet the City's insurance requirements and will provide proof of coverage at the time of contract execution.

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D - References & Qualification Requirements
1 - Five Client References
2 - General Business Statemen
3 - Financial Statement
4 - Credit References
5 - Work History
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City of Los Alamitos Annual PEA Report Consulting Services RFP page 15 1 - CLIENT REFERENCES
I - Fuscoe' s Relevant Client References

TOM OLIVER
Associate Planner

CITY OF LOS ALAMITOS
3191 Katella Avenue, Los Alamitos CA 90720
562.431.3538 ext. 303 / toliver@cityof losalamitos. org

BRIAN INGALLINERA
Environmental Services Coordinator

CITY OF BREA
1 Civic Center Circle, Brea, CA 92821
714.990.7760 / briani@ci. brea. ca.us

ALEX WAITE
Senior Management Analyst

CITY OF TUSTIN
300 Centennial Way, Tustin, CA 92780
714.573.3305 / awaite@tustinca. org

KEITH LINKER
Principal Civil Engineer

CITY OF ANAHEIM PUBLIC WORKS DEPARTMENT
200 S. Anaheim Blvd., Suite 276, Anaheim, CA 92805
714.765.4141 / klinker@anaheim. net

DUSTIN FULLER
Senior Environmental Planner
22nd DISTRICT AGRICULTURAL ASSOC. ( Del Mar Fairgrounds) 2260 Jimmy Durante Blvd., Del Mar, CA 92014
858.792.4212 / dfuller@sdfair. com

JERRY ELDRIDGE
Director of Facilities
32nd DISTRICT AGRICULTURAL ASSOC. ( Orange County Fairgrounds) 88 Fair Drive, Costa Mesa, CA 92626
714.474.5983 / jeldridge@ocfair. com
PLEASE SEE THE FOLLOWING PAGES FOR PROJECT DETAILS ...

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City of Los Alamitos Annual PEA Report Consulting Services RFP page 16

CITY OF TUSTIN

NPDES STORMWATER PROGRAM
LOCATION Tustin, CA | CLIENT City of Tustin
Located within the San Diego Creek Watershed, one of only two watersheds within Orange County with established TMDLs, the City of Tustin employed Fuscoe’ s Stormwater Management Division to assist and advise with the City’ s demanding Stormwater Program. Fuscoe primarily plays an administrative oversight role to the City, helping make management decisions on water quality issues the City faces on a daily basis, including coordinating efforts for county- wide watershed management plan initiatives and stakeholder participation in TMDL development and implementation, as well as contributing to the Nitrogen and Selenium Management Program for the Newport Bay Watershed.

The Fuscoe staff coordinate Stormwater NPDES Program activities to ensure program compliance, while the City’ s proactive staff carries out the day- to-day activities. Key activities include facilitating the City’ s Stormwater Program Annual Reporting to the Regional Water Quality Control Board, formalizing the City’ s Water Quality Management Plan review and approval process, ensuring facility stormwater inspections are performed, coordinating public education and outreach efforts, and incorporating programmatic changes into the City’ s Local Implementation Plan.

STATUS Ongoing
CONTACT Alex Waite | 714. 573. 3305
view of tustin from skyline drive
map of watershed that runs out to newport beach san diego water creek at alton pkwy DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos Annual PEA Report Consulting Services RFP page 17

CITY OF BREA NPDES

STORMWATER PROGRAM
LOCATION Brea, CA | CLIENT City of Brea
With the burgeoning program requirements of the NPDES Stormwater Programs in the Santa Ana Region, the City of Brea developed an interest in acquiring program management services for their growing Stormwater Program. FEI was initially hired to alleviate the City of its pressing needs and to conduct a performance evaluation to determine the City’ s program strengths and weaknesses. FEI’ s role has since been expanded to become more of an extension of City staff, providing WQMP plan check services, inspection support, City Staff NPDES training and facilitating coordination between city departments.

In 2017, FEI also developed a web- based Stormwater Inspection Management System ( SIMS) software tool for the City. The tool allows City staff to perform municipal/ industrial/ commercial/ construction and WQMP O& M inspections with theuse of electronic devices andalsoserves as adatabase repository that produces Annual Reporting data. With the SIMS tool, the City can track the stormwater life- cycle of a property, from WQMP approval, construction inspections, LID BMP installation verification, and O& M inspections. Similar to its long standing role with the City of Yorba Linda ( 2002- present), FEI supports the City of Brea with its Annual Reporting requirements, industrial/ commercial/ construction inspections, inventory and database management, public outreach programs, Water Quality Management Plan ( WQMP) Operations and Maintenance verifications, program effectiveness assessment and representation at co- permittee committee meetings.

In 2010 an additional task was added to assist and advise the City on the proposed Coyote Creek Watershed Action Plan and its associated TMDL implementation plan.

STATUS Ongoing
CONTACT 7672fuscoe Brian Ingallinera| 714.990. proprietary bmp inspection online database city of brea sign with snow-capped mountains DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos Annual PEA Report Consulting Services RFP page 18

CITY OF ANAHEIM NPDES

STORMWATER PROGRAMS
LOCATION Anaheim, CA | CLIENT City of Anaheim
Since 2013, Fuscoe Engineering has provided NPDES support services, including WQMP Plan Checking, for the City of Anaheim. FEI’ s ongoing tasks with the City include refining the City’ s WQMP Checklist to address specific City needs, coordinating infiltration BMP approvals with Orange County Water District, and providing technical assistance to the project applicant. FEI also assists with the tracking of the BMP credit exchange program for the Disneyland Resort, as well as advising the City’ s own regional BMP credit banking program for CIPs.

FEI has also worked with various City staff in performing an independent audit of the City’ s Stormwater Program to identify areas to improve efficiencies in inter- departmental coordination and staff core competencies. These efficiencies included developing forms, checklists and protocols to improve the City’ s LIP implementation. FEI also provides technical assistance with special stormwater studies. As a result, FEI led the efforts in refining drywell design guidelines, which has benefited not only the City, but all Orange County Permittees. FEI continues to provide its technical expertise to the City to solve unique and challenging issues with its Stormwater Programs.

STATUS Ongoing since 2013
CONTACT Keith Linker | 714.765.4141
artic, an intermodal transit center in anaheim
disneyland entrance angel stadium of anaheim
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos Annual PEA Report Consulting Services RFP page 19

DEL MAR FAIRGROUNDS
Phase 2 Small MS4 Stormwater Management Plan
LOCATION Del Mar, CA | CLIENT 22nd District Agricultural Association Prior to 2011, Del Mar Fairgrounds operated under the Statewide General Industrial Stormwater Permit as a Confined Animal Feeding Operations ( CAFO).

But with the issuance of the Phase 2 Small MS4 stormwater regulations in 2003, it became clear that the Fairgrounds property was considered a Non- Traditional Phase 2 Small MS4 rather than an Industrial Facility. In 2008, Fuscoe, with the support of the 22nd DAA staff, approached the San Diego Regional Board to apply for Phase 2 Small MS4 Permit coverage for the entire Fairgrounds property with the limited CAFO areas of the Fairgrounds remaining under General Industrial Permit coverage. The Regional Board agreed and FEI subsequently developed a Stormwater Management Plan ( SWMP) in 2011. To this day, FEI continues to serve as the Fairground’ s storm water consultant in implementing its SWMP.

Highlights of the SWMP include:

D Preservation of non- CAFO area designations through technical negotiations with Regional Board staff
D Public outreach and education to vendors and concessionaires, including modification of contracts for protection of water quality D Reduction in storm water diversions to the sewer system through backstretch and race track infrastructure improvements
D Participation in the San Dieguito River Watershed Management Area Water Quality Improvement Plan (WQIP) and on-site urban runoff monitoring D A Bacteria Reduction Plan for future WQIP and TMDL compliance D Permittee Operations BMPs to protect water quality of runoff going into the San Dieguito River
STATUS Ongoing
CONTACT Dustin Fuller| 858.792. 4212
view of del mar fair
horses at del mar aerial of del mar fairgrounds
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos Annual PEA Report Consulting Services RFP page 20 PHASE II MS4

TRASH PROVISIONS COMPLIANCE
LOCATION/CLIENT Del Mar Fairgrounds, CA - 22nd District Agricultural Association OC Fair & Event Center, CA - 32nd District Agricultural Association Since 2017, Fuscoe Engineering has provided Trash Provision Compliance services to the Del Mar Fairgrounds ( DMF) and the Orange County Fair & Event Center OCFEC). Upon receiving 13383 Orders from the State Water Resources Control Board, Del Mar Fairgrounds and OC Fair & Event Center looked to Fuscoe for guidance, as we have been assisting with their NPDES Stormwater Programs for years. Through the use of GIS and facility inventory data, FEI identified equivalent Priority Land Uses ( PLUs) within each property and catch basins receiving drainage from these PLUs. Furthermore, a thorough review of existing and planned treatment control BMPs was performed to determine if any BMPs qualified as full or partial capture systems. For those catch basins remaining without full capture BMPs, Fuscoe provided specifications for FCS BMPs that best fit the drainage and catch basin inlet configuration. The resultant GIS Map for Trash Provision Compliance has been submitted to the State Board and both Permittees are currently installing BMPs to meet full implementation of the plan.

STATUS Ongoing
CONTACT Dustin Fuller, Del Mar Fairgrounds, 858. 792.4272 Jerry Eldridge, OC Fair & Event Center, 714.474.5983
aerial of del mar fairgrounds
oc fair and event center trash provisions jurisdictional map del mar fairgrounds trash provisions jurisdictional map orange county fairgrounds and event center aerial
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos Annual PEA Report Consulting Services RFP page 21

TRASH PROVISIONS
TRACK 1 COMPLIANCE
LOCATION/CLIENT Cities of Tustin, Brea, Los Alamitos & Lake Forest, CA Since 2016, Fuscoe has assisted the Cities of Tustin, Brea, Los Alamitos, and Lake Forest with the Statewide Trash Provisions. Through knowledge gained from FEI’ s long- standing NPDES services within Orange County and its participation in the Trash Provisions Sub- Committee, it was determined early on that the Track 1 compliance pathway was best suited for these Cities. The following description outlines the general methodology for developing Track Compliance maps for each Permittee. Priority Land Uses ( PLUs) were identified using GIS and refined through field investigations. Catch basins requiring full capture systems ( FCS) were initially identified by proximity to PLUs and later verified using digital elevation model ( DEM) data to delineate drainages to each catch basin. The City’ s catch basin atlas, where available, was used to identify catch basins that are already fitted with FCS BMPs. As a result, a comprehensive Track 1 Compliance map was developed that will help each City meet 100% full capture implementation.

Currently, Fuscoe Engineering is developing Artificial Intelligence ( AI) technology for conducting On Land Visual Trash Assessments ( OVTAs) and has engaged the State Water Resources Control Board on its application. By leveraging innovation and technology, permittees will be able to perform OVTAs more efficiently and effectively, while reducing staff time conducting the surveys.

STATUS Ongoing
CONTACT Alex Waite, Tustin | 714.573.3305
Brian Ingallinera, Brea | 714. 990. 7672
Devin Slaven, Lake Forest | 949.631.0308
Steve Mendoza, Los Alamitos (now at Santa Ana) | 714.647.5360 Tom Oliver, Los Alamitos | 562.431.3538
city of lake forest trash provisions exhibit
city of brea trash amendment assessment city of tustin trash amendment assessment DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos Annual PEA Report Consulting Services RFP page 22 2 - General Business Statement
Fuscoe Engineering, Inc. confirms that it exceeds the required minimum of two consecutive years of recent experience in the provision of the specified services at similar size facilities and areas with similar services levels as those required for this Contract - please refer to Section D1 Client References.

Fuscoe Engineering, Inc. also confirms that the Project Manager and Key Contact, Stephanie Castle Zinn, MSCE, MURP also possesses this experience. 2 - BUSINESS STATEMENT
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos Annual PEA Report Consulting Services RFP page 23 3 - FINANCIAL STATEMENT
See accompanying notes. 2
Fuscoe Engineering, Inc.

Balance Sheets
2020 2019

CURRENT ASSETS
Cash and cash equivalents 12,878,728$ 7,485,245$
Accounts receivable, net 7,732,989 8,581,634
Contract assets 983,303 1,138,480
Prepaid expenses and other current assets 906,227 441,949 Income tax receivable 344,732 25,186
Total current assets 22,845,979 17,672,494
PROPERTY AND EQUIPMENT, net 595,100 901,475
CASH SURRENDER VALUE OF LIFE INSURANCE 838,146 769,850
DEPOSITS 89,507 92,263
Total assets 24,368,732$ 19,436,082$

CURRENT LIABILITIES
Accounts payable 431,289$ 658,445$
Accrued liabilities 2,915,648 2,891,650
Current portion of capital lease obligations 126,133 156,405 Current portion of the term loans 2,000,000 2,200,000
Current portion of Paycheck Protection Program loan 1,755,491 - Contract liabilities 49,263 72,929
Warrant liabilities 620,326 -
State tax payable 55,588 -
Total current liabilities 7,953,738 5,979,429
DEFERRED INCOME TAX LIABILITY, net 1,594,856 1,531,843
CAPITAL LEASE OBLIGATIONS, net of current portion 71,248 197,049 TERM LOANS, net of current portion 3,666,667 3,300,000
ESOP SUBORDINATED SELLER NOTE, net of debt discount - 1,844,070 PAYCHECK PROTECTION PROGRAM LOAN, net of current portion 1,755,491 - STOCK APPRECIATION RIGHTS 1,626,457 683,193
WARRANT LIABILITIES - 680,896
Total liabilities 16,668,457 14,216,480

STOCKHOLDERS' EQUITY
Common stock, no par value, 2,000,000 shares authorized; 1,479,900 shares issued and outstanding - -
Additional paid-in capital 148,281 33,922
Unearned ESOP shares ( 8,255,964) ( 9,249,098)
Retained earnings 15,807,958 14,434,778
Total stockholders' equity 7,700,275 5,219,602
Total liabilities and stockholders' equity 24,368,732$ 19,436,082$ December 31,
ASSETS

LIABILITIES AND STOCKHOLDERS' EQUITY
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos Annual PEA Report Consulting Services RFP page 24 3 - FINANCIAL STATEMENT
3 See accompanying notes
Fuscoe Engineering, Inc.

Statements of Income
2020 2019
REVENUES 32,726,458$ 34,715,975$
COST OF REVENUES 12,312,730 13,596,447
Gross profit 20,413,728 21,119,528

OPERATING EXPENSES
Salaries and wages 7,930,636 7,983,351
General and administrative 7,472,174 7,865,791
Depreciation and amortization 435,932 505,295
Total operating expenses 15,838,742 16,354,437

INCOME FROM OPERATIONS BEFORE ESOP COMPENSATION

EXPENSE, CHANGE IN FAIR MARKET VALUE OF WARRANTS,
AND STOCK APPRECIATION RIGHTS EXPENSE 4,574,986 4,765,091 ESOP COMPENSATION EXPENSE 1,107,493 945,838
CHANGE IN FAIR MARKET VALUE OF WARRANT LIABILITIES 264,430 197,943 STOCK APPRECIATION RIGHTS EXPENSE 943,264 475,001
INCOME FROM OPERATIONS 2,259,799 3,146,309

OTHER (INCOME) EXPENSE
Interest expense 453,161 427,604
Other income, net ( 138,512) ( 99,058)
Total other expense, net 314,649 328,546
INCOME BEFORE INCOME TAX PROVISION 1,945,150 2,817,763
INCOME TAX PROVISION 571,970 151,128
NET INCOME 1,373,180$ 2,666,635$
Years Ended December 31,
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos Annual PEA Report Consulting Services RFP page 25 4 - CREDIT REFERENCES & 5 - WORK HISTORY
5 - Work History Statement
Fuscoe Engineering, Inc. confirms that it had no contracts which were canceled or not renewed within the last three years. 4 - Five Credit References
Below are five Fuscoe Engineering Credit References:

ALLEN INSTRUMENTS & SUPPLIES
Lori Dickens
2940 E. La Palma Avenue, Suite F
Anaheim CA 92806
480.994.1306

BRE PROPERTIES
Catherine Zembik
5141 California, Suite 250
Irvine, CA 92617
949.954.5755
QUICK DISPENSE, INC.

Accounts Receivable Department
2700 Kimball Avenue
Pomona CA 91767
909.625.3700
ONNI 600 WILSHIRE LIMITED PARTNERSHIP
Amanda Garlak
Commercial Property Manager
600 Wilshire Blvd., Suite 204
Los Angeles CA 90017
213.627.5626

TOTAL SOURCE OFFICEWORKS
Accounts Receivable Department
625 W. Katella Avenue
Orange CA 92867
714.633.2420
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

www.fuscoe. com
IRVINE | SAN DIEGO | ONTARIO | LOS ANGELES
DocuSign Envelope ID: 97EDEA2F- E27B-44C4-AFFA- 00C358157A6B

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 20, 2023 ITEM NUMBER: 10F
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 1 with Crosstown Electrical & Data Inc. for Traffic Signal Maintenance Services

SUMMARY
This item provides a basis for continuing services with Crosstown Electrical & Data Inc., to provide citywide traffic signal maintenance services for one additional year. The current Professional Services Agreement (PSA) will expire on June 21, 2023, but the parties can agree to utilize the first of three (3) allowable one-year extensions.

RECOMMENDATION
Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement (PSA) with Crosstown Electrical & Data Inc. for a one-year contract extension ending on June 21, 2024 in the amount of $14,742 for routine inspections and an additional amount of $30,000 for emergency services for a maximum contract amount totaling $44,742 annually.

BACKGROUND
The City is responsible for the maintenance and operation of 21 signalized traffic intersections.

This electrical infrastructure system must be maintained in a safe and efficient manner, in order to ensure the proper operation of the City’s transportation system. On occasion, emergency repairs are needed therefore the scope of services includes the rendering of services for emergency repairs.

In April 2021, the City released Requests for Proposals (RFP) 2021-06, which solicited proposals for citywide traffic signal maintenance services. Following a comprehensive review of bids received, RFP 2021-06 was ultimately awarded to Crosstown Electrical & Data Inc. in June 2021.

DISCUSSION
Crosstown Electrical & Data Inc. is an integral component to maintaining a high level of service for residents, businesses, visitors, and other stakeholders. Of many things, the Crosstown team is efficient, timely when a call for service is initiated, and consistent with the quality of service provided. Crosstown Electrical & Data Inc. does monthly routine inspections of the City's traffic signals and is called out for emergency situations. The breakdown of costs is below:

CONTRACT ITEM DESCRIPTION QTY. UNIT
TYPE
UNIT
PRICE
Routine preventative maintenance of traffic signals and safety lighting system
1 Each $58.50
Service Truck 1 Hour $21.00
Bucket Truck 1 Hour $38.00
Traffic Signal Tech 1 Hour $110.00
Traffic Signal Tech - OT 1 Hour $157.00
Bench Tech 1 Hour $60.00
Response to USA Underground Alerts at the request of the City 1 Each $115.00 The original Agreement, executed in June 2021, will expire on June 21, 2023, unless extended by mutual agreement. Crosstown Electrical & Data, Inc. has agreed to provide continued services with no pricing adjustments. Since the commencement of services, staff has been satisfied with the service provided by Crosstown Electrical & Data, Inc. and recommends amendment No. 1 to the PSA, which will extend the City’s contractual relationship with Crosstown Electrical & Data Inc. for one year ending on June 21, 2024. This contract renewal will utilize the first of three (3) permissible one-year contract extensions.

FISCAL IMPACT
Amendment No.1 will not trigger any budgetary changes. The annual cost for monthly routine inspections is $14,742 with a budget of $30,000 for emergency services totaling $44,742 Fiscal Year 2023-2024 will have sufficient funds for this service and will be paid via Account No. 10-543-5260.

Attachment: 1. Crosstown Electrical & Data (2021)

2. Amendment No. 1 with Crosstown for Traffic Signal Maintenance (MSD Redline 6-7)

1367754.1
1 TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT
[City of Los Alamitos & Crosstown Electrical & Data, Inc.]

THIS AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
(“Agreement”) is made and entered into, to be effective this 21st day of June 2021 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and Crosstown Electrical & Data Inc., a California Corporation, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that it requires the services of a qualified contractor to provide traffic signal maintenance services for all signalized traffic signals citywide.

B. In response to City’s formal Request for Proposals No. 2021-06 (RFP), dated April 19, 2021, Contractor has submitted to City a written proposal, dated May 19, 2021 to provide the desired traffic signal maintenance services.

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

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

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Traffic Signal Maintenance Proposal, dated May 19, 2021, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

1.1.1 Contract Documents. This Agreement shall consist of the following: (1) the main body of this Agreement; (2) RPF No. 2021-06, dated April 19, 2021; and (3) Contractor’s Proposal, Exhibit “A”. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

1367754.1
2 document, which shall be determined in the following order of priority: (1st) the main body of this Agreement; (2rd) the RFP, and (3rd) Contractor’s Proposal.

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

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

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

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

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

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

1367754.1
3 2. COMPENSATION

2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed One Thousand, Two Hundred Twenty-Eight Dollars and Fifty Cents ($1,228.50) monthly. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

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

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

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

3. SCHEDULE OF PERFORMANCE

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

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

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

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

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

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of two (2) years, ending on June 21, 2023, unless extended by mutual written agreement of the Parties, for a maximum of three (3) additional 1-year contract extensions.

4. COORDINATION OF PROJECT SERVICES

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

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

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

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

1367754.1
5 If Contractor is permitted by City to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.

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

4.4 Independent Contractor.

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

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

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

4.4.3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

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6 governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

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

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

5. INSURANCE

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

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

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

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

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

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

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

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

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8 5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

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

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

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

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

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

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

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

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9 5.6.1 Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval.

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

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

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

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

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

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

5.10.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

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10 the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

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

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

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

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

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

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

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11 attorneys’ fees and other related costs and expenses.

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

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

7. REPORTS AND RECORDS

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

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

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

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

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12 8. ENFORCEMENT OF AGREEMENT

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

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

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

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

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

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

8.6 Termination for Default of Contractor.

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

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

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13 time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.5.

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

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

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14 10. MISCELLANEOUS PROVISIONS

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

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

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

Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]

To Contractor: David Heermance, President
Crosstown Electrical & Data, Inc.
5454 Diaz Street
Irwindale, CA 91706
[email protected]

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

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

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

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

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

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

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

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

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
Crosstown Electrical & Data, Inc.

By:_______________________________
David Heermance, President
By:_______________________________
Benjamin Heermance, CFO
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EXHIBIT “A”
CONTRACTOR’S PROPOSAL/ SCOPE OF SERVICES
DATED: May 19, 2021
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DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

DocuSign Envelope ID: 91F8696A-8EDB-4120-A9D2-010D6368BF55

1774312.1
AMENDMENT No. 1 TO MAINTENANCE SERVICES AGREEMENT
[City of Los Alamitos and Crosstown Electrical & Data, Inc.] This Amendment No. 1 to Traffic Signal Maintenance Services Agreement (“First Amendment”) is made and entered into on this 20th day of June, 2023 by and between the City of Los Alamitos, a California charter city and municipal corporation (“City”), and Crosstown Electrical & Data Inc., a California corporation (“Contractor”).

RECITALS
A. City and Contractor entered into that certain Maintenance Services Agreement for traffic signal maintenance services for all signalized traffic signals citywide, on June 21, 2021 (“Agreement”), which is incorporated herein by this reference.

B. The Agreement will expire on June 21, 2023, unless extended by mutual written agreement of the City and Contractor.

C. City and Contractor desire to extend the term of the Agreement for an additional year, until June 21, 2024, subject to the terms and provisions of this First Amendment.

D. City and Contractor desire to amend the Agreement to provide funds for emergency response work.

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

1. Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows:

2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services. Contractor shall be compensated for preventative maintenance and scheduled repairs in an amount not to exceed One Thousand Two Hundred Twenty-Eight Dollars and Fifty Cents ($1,228.50) monthly/Fourteen Thousand Seven Hundred Forty-Two Dollars ($14,742) annually.

Additionally, Contractor shall be compensated for emergency response work in an amount not to exceed Thirty Thousand Dollars ($30,000) annually, for a combined maximum contract amount totaling Forty-Four Thousand Seven Hundred Forty-Two Dollars $44,742 annually inclusive of both preventative maintenance and scheduled repairs and emergency response work. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

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

1774312.1

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 June 21, 2024, unless extended by mutual written agreement of the Parties, for a maximum of two (2) additional one (1) year contract extensions.

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

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

1774312.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Tanya Doby
Mayor
APPROVED AS TO FORM.

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

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
Crosstown Electrical & Data Inc.

By:_______________________________
David Heermance
President
[email protected]

By:_______________________________
Richard Heermance
CFO
[email protected]