Los Alamitos City Council
November 20, 2023

SECTION E – Page 1

STANDARD SPECIFICATIONS

SECTION E

DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC

WORKS BUILDING
AT 10921 OAK STREET
SPECIFICATION NO. CIP 22/23-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

STANDARD SPECIFICATIONS
0-1 STANDARD SPECIFICATIONS
Except as hereinafter amended, the provisions of the 2021 Edition of the “Green Book,” Standard Specifications for Public Works Construction (“SSPWC”), with the latest Supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and these modifications thereto are adopted as the “Standard Specifications” for the Agency. These Standard Specifications will be numbered as Sections 0 through 800 per the SSPWC.
0-2 NUMBERING OF SECTIONS
The numbering of sections and subsections in these amendments and modifications are compatible with the numbering of sections in the SSPWC.
0-3 AMENDMENTS AND MODIFICATIONS
The following sections of the SSPWC are amended as provided herein. In the event of any inconsistencies between the amendments outlined herein and the SSPWC, these amendments shall control.

SECTION 1 – GENERAL
1-2 TERMS AND DEFINITIONS
Add the following:

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

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

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

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

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

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

SECTION E – Page 2

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

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

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

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

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

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

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

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

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

SSPWC Standard Specifications for Public Works Construction, as specified in Subsection 0-1 SCAQMD South Coast Air Quality Management District
1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 SUBCONTRACTOR LISTING
Replace the third paragraph with the following:

SECTION E – Page 3

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

Delete the fourth paragraph and replace with the following:

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

Delete the fifth paragraph and replace with the following:

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

Add the following:

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

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

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

The refusal or failure of a successive lowest responsible and responsive Bidder to execute the Contract may, at the Agency’s option, result in an annulment of the award to that Bidder and the forfeiture of that Bidder’s bid security. The periods of time specified above within which the award of the Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Agency and the concerned Bidder.

The Agency reserves the right to waive any irregularities.

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

Contract Agreement (in duplicate)

SECTION E – Page 4

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

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

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

Any plan or method of work suggested by the Agency or the Engineer to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Agency and the Engineer shall assume no responsibility therefore and in no way be held liable for any defects in the work which may result from or be caused by use of such plan or method of work.
2-2 PERMITS
Replace first paragraph with the following:

Prior to the start of any work, the Contractor shall apply for and receive any applicable City, County, SCAQMD, State, and Federal permits.
2-3 RIGHT-OF-WAY
Add the following:

When the Contractor arranges for additional work areas and facilities temporarily required by him/her, he/she shall provide the Agency with proof that the additional work areas and/or facilities have been left in a condition satisfactory to the owner(s) of said work areas and/or facilities prior to acceptance of the work. 2-7 CHANGES INITIATED BY THE AGENCY

SECTION E – Page 5

STANDARD SPECIFICATIONS
2-7.1 GENERAL
Add the following:

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

As the figured dimensions shown on the drawings and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and drawings to a large scale shall be followed in preference to the drawings to a small scale.

Should it appear that the work to be performed, or any related matter, are not sufficiently detailed or explained in the Contract documents, the Contractor shall apply to the Engineer for such further explanations as necessary and shall conform to such further explanations provided by the Engineer as part of the Contract to the extent that it is consistent with the terms of the Contract.

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

SECTION 3 – CONTROL OF THE WORK
3-3 SUBCONTRACTORS
Replace the first paragraph with the following:

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

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

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

SECTION E – Page 6

STANDARD SPECIFICATIONS
The line and grades for construction will be parallel to and offset from the position of the work. From the established lines and grades, the Contractor shall extend the necessary lines and grades for construction of the work and shall be responsible for the correctness of same. 3-12 WORK SITE MAINTENANCE
3-12.1 General
Add the following Subsection:
3-12.1.1 WORK AREA APPEARANCE
The Contractor shall maintain a neat appearance to the Work.

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

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

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

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

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

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

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

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

The Contractor shall arrange and maintain a secure storage site for all equipment and materials. All equipment and unused materials shall be returned to this site at the end of each workday. 3-12.6 WATER POLLUTION CONTROL
3-12.6.1 General
Add the following:

This item shall consist of preparation, implementation, and compliance with a storm water pollution prevention plan (SWPPP) for the project, if applicable. 3-12.6.2 BEST MANAGEMENT PRACTICES (BMPs)
Add the following:

SECTION E – Page 7

STANDARD SPECIFICATIONS
All storm water pollution prevention measures shall be in accordance with the submitted SWPPP. In the event circumstances during the course of construction require changes to the original SWPPP, a revised plan shall be promptly submitted to the Agency’s representative in each instance. No responsibility shall accrue to the Agency as a result of the plan or as a result of knowledge of the plan. All work installed by the Contractor in connection with the SWPPP but not specified to become a permanent part of the project shall be removed and the site restored in so far as practical to its original condition prior to completion of construction or when directed by the Agency’s representative. 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP)
Add the following:

Contractor shall submit to the engineer a completed and signed SWPPP at the preconstruction conference.

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

If construction will occur between October 15 and April 15 (considered as the rainy season per the Agency’s Ordinance), a wet weather erosion control plan must be submitted. Additionally, Best Management Practices (BMPs) implemented during the Agency’s rainy season shall include but not be limited to those appropriate for wet weather conditions.

The contractor shall prepare and submit a storm water pollution prevention plan. Full compensation for preparing and implementing SWPPP shall be included in the lump sum cost for Water Pollution Control and no additional compensation will be allowed. 3-12.6.5 PAYMENT
Add the following:

Payment for Water Pollution Control shall be at bid price per lump sum (LS) and shall include full compensation for all tools, material, equipment, labor, and incidentals for doing all work involved in implementation and maintenance of BMPs and SWPPP and no additional compensation will be allowed therefor.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.3 WARRANTY
Add the following:

The Contractor shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors, and others employed directly or indirectly on the Work, against faulty or defective materials, equipment or workmanship for the maximum period provided by law. In addition, thereto, for a period of one (1) year commencing on the date of acceptance of the Work, the Contractor shall, upon the receipt of notice in writing from the Agency, promptly make all repairs arising out of defective materials, workmanship or equipment and bear the cost thereof. The Agency is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the Contractor, the Contractor has failed to make or undertake with due diligence

SECTION E – Page 8

STANDARD SPECIFICATIONS
the repairs; provided, however, that, in the case of an emergency where, in the opinion of the Agency, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety.

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

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

Add the following subsection to Subsection 3-13:
3-13.3.4 General Guaranty
The Contractor shall remedy any defects in the Work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. The Agency will give notice of observed defects with reasonable promptness.

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

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

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

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

Except as elsewhere specified, the Agency will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The

SECTION E – Page 9

STANDARD SPECIFICATIONS
Contractor shall bear the cost of all other tests, including the retesting of material or workmanship that fails to pass the first test.
4-6 TRADE NAMES
Replace the third sentence of the second paragraph with the following:

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

Add the following:

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

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

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

Every Contractor and Subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages paid to each worker employed by him/her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the body awarding the Contract and to the Division of Labor Law Enforcement.
5-4.2 GENERAL LIABILITY INSURANCE
Replace Subsection 5-4.2 with the following:
5-4.2.1 GENERAL. CONTRACTOR and AGENCY agree that Agency, its employees, agents, and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the Agency. CONTRACTOR acknowledges that AGENCY would not have entered into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect AGENCY as set forth here.
5-4.2.2 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless AGENCY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorney’s fees incurred by AGENCY, court costs, interest,

SECTION E – Page 10

STANDARD SPECIFICATIONS
defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by the AGENCY. 5-4.2.3 Without affecting the rights of AGENCY under any provision of this agreement or this section, CONTRACTOR shall not be required to indemnify and hold harmless AGENCY as set forth above for liability attributable to the sole fault of AGENCY, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

This exception will apply only in instances where the AGENCY is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where Agency’s fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all-inclusive, and AGENCY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the AGENCY. 5-4.2.4 CONTRACTOR acknowledges that its obligation pursuant to this section extends to liability attributable to AGENCY, if that liability is less than the sole fault of AGENCY. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of AGENCY. 5-4.2.5 The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to AGENCY, its employees, agents, and officials. 5-4.2.6 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those as set forth here in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section. 5-4.2.7 Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth herein is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 5-4.2.8 CONTRACTOR agrees to provide insurance in accordance with the requirements as set forth here.

If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained on behalf of AGENCY and in accordance with the requirements set forth herein. 5-4.2.9 Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISOCGL form No. CG 00 01 11 85 or 88. Total limits shall be not less than two million dollars ($2,000,000.00) per occurrence for all coverages and two million dollars ($2,000,000.00) general aggregate. AGENCY and its officers, agents and employees shall be named as additional insureds using ISO additional insureds endorsement form CG 20 10 11 85 (in no event will AGENCY accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to AGENCY or any employee or agent of AGENCY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum of $25,000.00 self-insured retention for liability not covered by

SECTION E – Page 11

STANDARD SPECIFICATIONS
primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion. Policies shall have concurrent starting and ending dates.

Each policy of insurance shall contain a clause prohibiting cancellation, modification, or lapse without thirty (30) days prior written notice having been given to the City. All insurance policies shall be subject to approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds.
5-4 2.10 Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than two million dollars ($2,000,000.00) per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy drafted above is acceptable.
5-4.3 WORKERS’ COMPENSATION INSURANCE
Replace Subsection 5-4.3 with the following:
5-4.3.1 Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars per accident or disease. Employers’ liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the AGENCY, its officers, agents, or employees. 5-4.3.2 CONTRACTOR and AGENCY further agree as follows:
5-4.3.2.1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 5-4.3.2.2 Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 5-4.3.2.3 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of each insurance coverage. 5-4.3.2.4 Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type. 5-4.3.2.5 For purposes of insurance coverage only, this Agreement shall be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
5-4.3.2.6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR’s agents, officers, or employees from waiving the right of subrogation prior to a loss.

Contractor hereby waives all rights of subrogation against AGENCY.

SECTION E – Page 12

STANDARD SPECIFICATIONS
5-4.3.2.7 Unless otherwise approved by AGENCY, CONTRACTOR’s insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of “A+VIII.” Self-insurance will not be considered to comply with these insurance specifications. 5-4.3.2.8 In the event any policy of insurance required by this Agreement does not comply with these requirements or is canceled and not replaced, AGENCY hasthe right but not the duty to obtain the insurance it deems necessary, and any premium paid by AGENCY will be promptly reimbursed by CONTRACTOR.

Upon CONTRACTOR’s failure to make such reimbursement within 30 days of written demand, AGENCY may deduct that sum from any monies due CONTRACTOR hereunder or otherwise. 5-4.3.2.9 CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to AGENCY, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR’s general liability and umbrella liability policy (if any) using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

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

CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of AGENCY, will reserve the right to charge back to AGENCY the cost of insurance required by this Agreement. CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts on behalf of AGENCY will be submitted to AGENCY for review. Failure of AGENCY to request copies of such agreement will not impose any liability on AGENCY, its officers, agents, or employees. 5-4.3.2.13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents, and other persons necessary or incidental to its operations are insureds. 5-4.3.2.14 CONTRACTOR agrees to provide immediate notice to AGENCY of any claim or loss against CONTRACTOR that includes AGENCY as a defendant. AGENCY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims. 5-7 SAFETY
Add the following:

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

SECTION E – Page 13

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

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

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

Add the following:

The Contractor shall submit monthly progress reports to the Engineer by the tenth day of each month. The report shall include an updated construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 TIME OF COMPLETION
Add the following subsection:
6-3.3 WORKING DAY
The Contractor’s activities shall be confined to the hours between 7:30 a.m. and 4:00 p.m. Monday through Friday. In addition, the Contractor shall not perform any Work on Saturday, Sunday, or on Agencydesignated holidays. Agency-designated holidays are listed in TABLE 1 – AGENCY-DESIGNATED HOLIDAYS below. Deviation from these hours will be permitted upon approval of the Engineer, except in emergencies involving immediate hazard to persons or property.

Add the following:

Demolition activities of the TV Production Building superstructure (building elements above the concrete foundation slab) shall be performed on a Saturday. Contractor shall notify the Engineer in writing five days before planned work.

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

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

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

SECTION E – Page 14

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

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

ACTUAL DAMAGED CAUSED BY FAILURE OF THE CONTRACTOR TO LIMIT PERFORMANCE

OF THE WORK BETWEEN THE ALLOTTED TIMES, THAT SUCH SUM SHALL NOT BE

CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR IF SUCH DELAY OCCURS.
6-4 DELAYS AND EXTENSION OF TIME
6-4.1 GENERAL
Add the following Subsections:
6-4.1.1 Notice of Delays
Whenever the Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which the Contractor regards as unavoidable, he/she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause so that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if prevention is not possible, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent it will delay the prosecution and completion of the work. It will be concluded that any and all delays which have occurred in the prosecution and completion of the work have been avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by him/her to have been unavoidable. The Contractor shall make no claims for any delay not called to the attention of the Engineer at the time of its occurrence as an unavoidable delay.
6-4.1.2 Avoidable Delays
Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor of his/her subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delays in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work or the completion of the whole work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitting samples of materials and drawings to the Engineer for approval and from performing tests of materials, measurements, and inspections; 3) Reasonable interference of other contractors employed by the Agency and/or other contractors working in the area which do not necessarily prevent the completion of the whole work within the time agreed upon; 4) Delays resulting from inaccurate

SECTION E – Page 15

STANDARD SPECIFICATIONS
or incomplete shop drawing submittals; and 5) Interference of other contractors performing concurrent work.
6-4.1.3 Extension of Time
In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with Paragraph 6-9. The City, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in his/her best interest to do so. During such extension of time, the Contractor will be charged for engineering and inspection services and other costs as provided in Paragraph 6-4.2.1 but will not be assessed damages pursuant to Paragraph 6-9.
6-4.2 EXTENSIONS OF TIME
Add the following Subsection:
6-4.2.1 Compensation to Agency for Extension of Time
Compensation for extension of time for avoidable delay granted pursuant to Paragraph 6-4.1.3 shall be the actual cost to the Agency for engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the work, and which accrue during the period of such extension, except that the cost of final inspection and preparation of the final estimate shall not be included. 6-4.4 WRITTEN NOTICE AND REPORT
Replace Subsection 6-4.4 with the following:

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

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

In accordance with Government Code 53069.85, and all other applicable law, the Contractor agrees to forfeit and pay the Agency the amount of Five Hundred Dollars ($500.00) per day for each and every day of unauthorized delay beyond the completion date, which shall be deducted from any monies due the

SECTION E – Page 16

STANDARD SPECIFICATIONS
Contractor. This payment shall be considered liquidated damages. Contractor agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate Agency for losses that are difficult to measure and that such damages are not a penalty.

Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this Contract entitling the Agency to terminate the Contract unless the Contractor applies for, and receives, an extension of time in accordance with the procedures set forth in Section 6-4.

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

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

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

The Contractor shall not be deemed in breach of this Contract and no forfeiture due to delay shall be made because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 6-4. Unforeseeable causes of delay beyond the control of the Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of the Agency, or acts of another contractor in the performance of a contract with the Agency, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of Contractor or his/her agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part of all of the Work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond the Contractor’s control) shall not entitle the Contractor to any additional compensation. The sole recourse of the Contractor shall be to seek an extension of time.

Add the following Subsections:
6-10 DISPUTES AND CLAIMS
6-10.1 GENERAL
Any and all decisions made on appeal pursuant to this Subsection 6-10 shall be in writing. Any “decision” purportedly made pursuant to this Subsection 6-10 that is not in writing shall not be binding upon the Agency and should not be relied upon by the Contractor.

Nothing in this subsection shall be considered as relieving the Contractor from his/her duty to file the notice required under Subsection 6-11 or other duties required by the Contract Documents. 6-10.2 ADMINISTRATIVE REVIEW
Request for review made to the Construction Inspector or Project Engineer may be either oral or written.

Request for review made to the City Engineer shall be made in writing with supporting evidence attached.

The Contractor shall submit each request for review within twenty-one (21) calendar days of receipt of the decision that he/she is requesting.

SECTION E – Page 17

STANDARD SPECIFICATIONS
Prior to demand for arbitration, the Contractor shall exhaust his/her administrative remedies by attempting to resolve his/her dispute or claim with Agency`s staff in the following sequence:

1. Project Engineer

2. City Engineer
Should the Project Engineer fail to address the Contractor’s request for review of a disputed decision within fourteen (14) calendar days after receiving such request, the Contractor may proceed directly to the City Engineer. At the option of the Agency, the person to whom the request for review is directed may elect to take such request to a higher level and the Contractor’s request shall be deemed to be properly submitted to such higher level.

The City Engineer shall address disputes or claims within twenty-eight (28) calendar days after receiving such request and all necessary supporting data. The City Engineer’s decision on the dispute or claim shall be the Agency’s final decision.
6-10.3 ARBITRATION
Claims and disputes arising under or related to the performance of the contract shall be resolved in arbitration unless the Agency and the Contractor agree in writing, after the claim or dispute has arisen, to waive arbitration and to have the claim or dispute litigated in court of competent jurisdiction. Arbitration shall be conducted, to the extent feasible, pursuant to Chapter 3 (Sections 301-393, inclusive) of Division 2 of Title 1 of the California Code of Regulations except those references therein to the “State Contract Act” shall be construed to mean “applicable law” and “Public Agency”, or “Department” shall be construed to mean “Agency” as defined in Subsection 1.2. The arbitration decision shall be decided under and in accordance with California law, supported by substantial evidence, and in writing, contain the basis for the decision, findings of fact, and conclusions of law.

Arbitration shall be initiated by a Demand for Arbitration. The Contractor shall request a Demand for Arbitration not later than one hundred eighty (180) calendar days after the date of the final written decision of the Agency on the claim or dispute.

All contracts valued at more than $15,000 between the Contractor and his/her Subcontractors and Suppliers shall include a provision that the Subcontractors and Suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the Agency by all terms and provisions of the Contract, including these arbitration provisions.
6-11 NOTICE OF POTENTIAL CLAIM
The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor shall have given the Engineer due notice in writing, of the potential claim as hereinafter specified, provided, however, that compliance with this Subsection 6-11 shall not be a prerequisite as to any claim that is based on differences in measurements or errors of computation as to the Contract quantities.

Additionally, this Subsection 6-11 shall not supersede the specific notice and protest requirements of Subsection 2-9 “Changed Conditions” and Subsection 6-3.2 “Contract Time Accounting” respectively.

A written notice of potential claim shall set forth the reasons the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. A notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation,

SECTION E – Page 18

STANDARD SPECIFICATIONS
if based on an act or failure to act by the Engineer, or in all other cases within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.

It is the intention of this Subsection 6-11 that differences between the parties arising under and by the virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing, or occurrence for which no written notice of potential claim as herein required was filed.

SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.2 PARTIAL AND FINAL PAYMENT
Replace the last paragraph of this subsection with the following:

The closure date for period progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the second Wednesday of the following month. The Agency requires four to six weeks to review all progress payments, issue payment checks, present progress payment to Council for approval, and release payment to contractor. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of plans and specifications showing the as-built conditions.

The full five (5) percent retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion.

The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract as provided in Public Contract Code Sections 10263 and 22300. 7-3.3 DELIVERED MATERIALS
7-3.4 Mobilization
Replace Subsection 7-3.4 with the following:

Mobilization and demobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed, or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor’s personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.

Contractor shall provide traffic control per California Temporary Traffic Control Handbook.

Contractor must maintain access for visitors to the properties. One driveway must always remain open and accessible. The cost for traffic control shall be paid per a separate lump sum bid item.

SECTION E – Page 19

STANDARD SPECIFICATIONS
Payment for Mobilization shall be paid at the contract price Lump Sum (LS) and shall include full compensation and include, but not be limited to, obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the City of Los Alamitos; and complying with the requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work.

SECTION F – Page 1

SPECIAL PROVISIONS

SECTION F

SPECIAL PROVISIONS

DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC

WORKS BUILDING
AT 10921 OAK STREET
SPECIFICATION NO. CIP 22/23-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
PART 2 – CONSTRUCTION MATERIALS
SECTION 206 – MISCELLANEOUS METAL ITEMS
206-6 CHAIN LINK FENCE

ADD THE FOLLOWING SECTION
206-6-3.3 Slats
Slats must be wood or plastic.

Wood slats must be one of the following:

1. Clear redwood 2.

2. Medium-weight wood produced from the species Shorea (Meranti) Each wood slat must have:

1. Thickness of at least 1/4 inch

2. Width about 2-5/8 inch

3. Length enough to fill the vertical openings of the fabric Each plastic slat must:

1. Be a HDPE with UV inhibitors

2. Have a flat tubular cross section with:

2.1. Wall thickness of about 0.03 inch

2.2. Depth of about 0.325 inch

2.3. Width of about 2.38 inches

2.4. Length equal to the fence height
The plastic slat material must comply with the requirements shown in the following table:

Plastic Slat Material Requirements
Quality characteristic Test method Requirement
Melt index ASTM D1238 0.24
Density ASTM D1505 .0951
Low temperature brittleness (°F) ASTM D746 -76
Tensile strength (psi) ASTM D638 3,700

SECTION F – Page 2

SPECIAL PROVISIONS
PART 3 – CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 General.

Subsection 300-1.1 General of the Standard Specifications is amended by adding thereto the following paragraphs:

Demolition and removal of irrigation equipment, turf, site furnishings, signage, root shaving, redwood header, tree and shrub removal, and such other items not mentioned that are required by the Plans and Specifications, are part of this work in this section.

Prior to demolition, removals, and earthwork, the Contractor shall construct and maintain a temporary 6-foot-high chain-link fence with a minimum of two access gates and perimeter fence to protect the area of improvements during construction period.

All obstructions within project limits shall be removed to a minimum of 12-inches below subgrade.

Soil backfill for holes caused by the removal of the existing structures foundations shall be filled with selected site soils and recompacted in 6-inch layers to the density of 95- percent relative compaction.

Tree removal shall include grinding stumps and associated roots to the diameter of the trunk at existing grade and to 3-foot depth below existing grade. Grindings shall be removed from this 3-foot hole. The hole shall then be filled with soil and compacted to 95-percent relative compaction.

All equipment and facilities shown on the Plans to be salvaged, removed and stockpiled, adjusted, and/or relocated shall be measured, marked, and identified in the field.

Contractor shall note the locations, dimensions, and configurations of all existing equipment to be salvaged, and shall clearly mark or tag all equipment to be reused in the field prior to removal to facilitate reassembly; Contractor shall notify Engineer of any damaged or non-salvageable materials prior to commencing any removal or grading operations. Materials found to be damaged after the work commences shall be assumed to be the responsibility of the Contractor. Contractor will not be paid for the replacement or repair of facilities or equipment believed by the Engineer to be damaged after the work commences.

Contractor shall replace designated, unusable existing facilities and equipment, in kind, at the direction of the Engineer.

The application of herbicide to kill turf and weeds, shall be per manufacturers' recommendations, including roots; and the removal and disposal of soil and turf offsite,

SECTION F – Page 3

SPECIAL PROVISIONS
and such other items not mentioned that are required by the Plans and Specifications, are part of the work in this section.

All existing turf in the area designated for replacement shall be stripped, removed, and disposed of offsite in a legal manner.

The cleared area shall be ripped to a depth of 12 inches, except in areas of existing tree roots which generally extend to the drip line of the tree canopy. SPECIAL CARE

SHALL BE TAKEN TO PROTECT EXISTING TREES TO REMAIN FROM DAMAGE.
300-1.2 Root Pruning and Tree Trimming.

Subsection 300-1.2 Root Pruning and Tree Trimming is amended by adding thereto the following paragraphs:

Tree branches which hang within 13.5 feet above finished roadway grade or within 9 feet above finished sidewalk or parkway grade shall be removed to the branch collar in accordance with the current pruning standards of the International Society of Arboriculture (ISA). The Contractor shall remove additional tree branches, under the direction of the Engineer, in such a manner that the tree will present a balanced appearance. No paint or tree sealant shall be applied to the resulting scars. All pruning shall be done under the supervision of an ISA Certified Arborist in the Contractor’s employ.

All the root pruning required to place or replace walks, or other permanent facilities shall be limited to the minimum amount necessary to set forms.

All roots 2 inches and larger shall be cut with sharp tool such as axe or chainsaw. No roots shall be broken off by trenching or other heavy equipment.

No root shall be removed within five (5) diameters of the tree trunk measured at 4 feet, 9 inches above grade without the express written permission of the City. Any such root removed without the City’s written permission may create a hazardous condition for which the Contractor shall be liable.

Should the Contractor create a hazardous condition in the sole judgment of the Engineer the Contractor shall remove the tree and replace it with a specimen of the same species and value at the Contractor’s expense.

All significant root pruning (3-inch diameter and larger) shall be performed under the direct supervision of an ISA Certified Arborist in the Contractor’s employ.

All trees noted on the drawings for tree pruning shall have crown reduction and crown thinning performed in accordance with standards published by the Western Chapter of the International Society of Arboriculture (ISA). All pruning shall be performed by ISA certified tree workers under direct supervision of an ISA certified arborist. The Contractor shall furnish such credentials to the Engineer prior to commencement of any tree work.

SECTION F – Page 4

SPECIAL PROVISIONS
300-1.2.1 Tree Removal and Salvage.

All trees to be removed are considered to the property of the Contractor. Trees to be destroyed shall be recycled as green waste.
300-1.2.2 Protection of Existing Trees to Remain.

All trees to remain in place within the limits of work shall be protected from damage by workmen, equipment, and operations. Insofar as prosecution of the work allows, following removal of surrounding pavements, etc., the root area beneath the tree drip line shall be protected from damage, including compaction.

Protection shall include temporary fencing, barricades, etc. Warning tape will not be considered sufficient.
300-1.2.3 Repair / Modification of Existing Turf Parkway (a) Lawn. The Contractor shall resod in accordance with 801-4.8.3 areas where turf is removed for construction. Thickness and type of sod shall match removed lawn.
(b) Private Sprinklers and Improvements. The Contractor shall coordinate work with adjacent property owners. The Contractor shall test and document the condition of existing improvements before beginning required removals or excavation. The Contractor shall restore private improvements to documented conditions after completing adjacent work.
300-1.4 Payment.

Add the following:

Payment for clearing and grubbing shall be paid at the contract unit price Lump Sum (LS) and shall include full compensation and include, but not limited to, furnishing all labor, materials, tools, transportation, tree trimming, root pruning, vegetation, debris disposal and other equipment and incidentals to perform the work.

SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT

OF BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.7 Payment
Replace the second paragraph with the following:

Payment for Grading (Flatten to 4" below reference point, 90% compaction) shall be paid at the contract price per Lump Sum (LS) and shall include full compensation and include but not limited to furnishing all labor, materials, tools,

SECTION F – Page 5

SPECIAL PROVISIONS
equipment, hauling, disposing, unclassified fill, compaction, unclassified excavation, and incidentals for the site grading no additional compensation will be made therefor.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-4 MASONRY CONSTRUCTION
303-4.1.5 Measurement and Payment.

Payment for 6' - 2"x2"x .25" Steel Square Tube / Anchored to Block Wall / Field Welded to Existing Steel Bars shall be at the contract bid unit price per Linear Foot (LF) and shall include full compensation and shall include, but not limited to furnishing all labor, materials, tools, equipment, hauling, disposal, welding and all incidental for construction of the steel tubes, and no additional compensation shall be made therefor.

SECTION 304 – METAL FABRICATION AND CONSTRUCTION
304-3 CHAIN LINK FENCE
304 – 3.2 Fence Construction

ADD THE FOLLOWING
For a chain link fence with slats, install slats vertically in the mesh openings such that the slats fit snugly. Fasten them in a way that prevents easy removal or displacement.
304 – 3.4 Measurement and Payment
Remove Section 304-3.4 and replace with the following:

Payment for Temporary 6’ Chain Link Fence with Privacy Screen & Straw Rolls shall be paid at the contract price per Linear Foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for the construction of chain link fence with privacy screen and straw rolls complete in place and no additional compensation will be made therefor.

Payment for 8’ High Chain Link Fence with Black Plastic Slats shall be paid at the contract price per Linear Foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for the construction of chain link fence with black plastic slats complete in place and no additional compensation will be made therefor.

SECTION F – Page 6

SPECIAL PROVISIONS
PART 4 – EXISTING IMPROVEMENTS
SECTION 401-1 GENERAL

ADD THE FOLLOWING SECTION
401-1.1 DEMOLITION AND REMOVAL OF EXISTING STRUCTURES
PART 1 GENERAL

1.01 SCOPE OF WORK
A. Demolition, removal, and site preparation shall include, but is not limited to the demolition of the structures, including walls and footing, floor slabs, and foundations, and grading as identified on the Plans.

B. Utilities – Before starting demolition of any building where utility connections exist, the Contractor shall verify with the Utility Company that all such utility connections have been disconnected.

However, this shall not relieve the Contractor from the responsibility of complying with all code regulations or general practices as required by the City or Utility Company or District having jurisdiction over such utility.

C. The contractor shall prevent any foreign material from entering sewer laterals to be abandoned and shall employ suitable devices to prevent any material entering the sewer.

D. It is the responsibility of the contractor to have full knowledge of the existing sites before commencing demolition. The contractor shall raze all structures and completely clear the sites of debris as described in the specifications.

E. Contractor shall grade the entire site.

1.02 SUBMITTALS
A. Submit, in accordance with Section 3-8 “Submittals,” of these Special Provisions, the following information:
a) Provide a Removal Plan outlining details of the removal operations, showing equipment, sequence, and methods to be used, and schedule of operations, at least ten (10) days before beginning removals.
b) Bill of lading for every load of materials taken off-site. c) Proposed haul routes, permits for transportation and disposal of debris. d) Documentation for type, quantity, and method of disposal for all items. e) If material removed from the worksite will be disposed of on private property, submit copies of written releases not less than five (5) days prior to the start of work. Releases shall absolve the City from responsibility in connection with the depositing of material on private property and shall be signed by the owners of the property on which the material will be deposited.

C. Copies of required permits and certifications shall be submitted to the Engineer prior to performing work requiring permits and certifications.

SECTION F – Page 7

SPECIAL PROVISIONS
a) Submit all documents required for removal, handling and transportation of hazardous materials, as applicable.

1.03 SAFETY AND PROTECTION
A. Health and Safety Plan. The Contractor bears the ultimate responsibility for the health and safety of its employees. These specifications shall not be construed to limit the Contractor’s liability nor to assume that the City, its employees or designate, will assume any of the Contractor’s liability associated with Site safety considerations. The Contractor shall have a health and safety plan in effect prior to commencement of Work. The plan shall meet all OSHA and other applicable requirements. The plan shall specifically address procedures and protocols that will be followed to monitor for the presence of hazardous atmosphere, possibility for engulfment, gasses due to organic soils or proximity to landfills, exposure to hazardous products such as may be released when grinding, cutting, or torching galvanized or painted surfaces, contaminated soil, and groundwater, and identify response actions that will be taken when these conditions are encountered. This plan shall be provided to the Engineer at least one week before any construction activities begin. The City will not assume any role in determining the adequacy of the plan on behalf of the Contractor.

B. No Asbestos Containing Materials, lead-based paint or lead containing materials, or other hazardous building materials, shall be used for any purpose.

C. Contractor shall verify that the electrical system involved in the removal work is de-energized.

Coordinate with Southern California Edison to have electrical service meters, electrical power lines, and electrical power meter devices removed.

D. Contractor shall verify that the gas system involved in the removal work is de-energized.

Coordinate this work with Southern California Gas.

E. Exercise care in removing and handling existing structures, equipment, and substructures that may be required to be relocated or reinstalled. Provide and place bracing and shoring to prevent movement or damage to structures and improvements that are to remain. Restore damaged improvements to their original condition at the Contractor’s Expense and to the Engineer’s satisfaction.

F. Protect buildings and structures on adjacent properties, and other items which are to remain.

Contractor shall repair damages at the Contractor’s expense.

G. Provide, erect, and maintain barriers, fences, barricades, lighting, and guard rails as required to protect general public, workers, and adjoining properties. Fences shall be linked but removable with screens and conform to Section 206-6 Chain Link Fence of the Reference Specification.

H. Protect pipelines, wires, cables, electrical panels, and conduits located above or below ground if such items are to remain. Damage to said items if caused by actions or omissions of Contractor shall be repaired at the Contractor’s expense.

I. Cease operation and notify Engineer immediately if the work appears to endanger life, facilities, or property. Do not resume operations until safe conditions have been restored.

PART 2 MATERIALS
A. The use of explosives for any work to be performed under this contract is prohibited.

B. The use of a “Headache Ball” or other battering device on any building or structure shall not be permitted when such device will swing or will be swung over public or adjacent private property

SECTION F – Page 8

SPECIAL PROVISIONS
or that through its use will cause building material particles to fall or to be driven onto public or adjacent private property.

C. Backfill must be free of organic or other unsatisfactory material such as residue from grooving or grinding operations, metal, rubber, mixed debris, or rubble.

PART 3 EXECUTION

3.01 GENERAL
A. Perform all demolition work in accordance with applicable Federal, State, County, and City Building Codes and Regulations. The work shall meet safety standards and requirements including those of CAL/OSHA. The Contractor shall have at the work site copies of applicable extracts of CAL/OSHA Construction Safety Orders and General Industrial Safety Orders.

B. Control dust to meet the South Coast Air Quality Management District regulations.

C. Subsurface items not shown on the Drawings or mentioned in the Specifications, which are encountered during the Contractor’s operations shall be brought to the attention of the Engineer.

The Engineer will determine the disposition of the items.

D. Obtain permission from the Engineer if outriggers, swinging cranes, or other equipment might pass over adjacent properties.

E. Should the Contractor decide to move any large items intact off the site, arrangements for permits, clearances, and utilities are the Contractor’s responsibility.

F. Remove from site vermin infested and harmful materials. Dispose of in accordance with applicable regulations so as not to endanger the health of workers, tenants, or the public.

G. Burning of material on site shall not be permitted.

H. All debris shall be removed and handled in a way as to prevent entering the drainage and sewage systems.

I. Remove existing improvements as indicated on the Drawings.

J. Removals adjacent to existing structures shall be performed carefully to prevent damage to the facilities. Removals by “Stomping” will not be permitted.

K. Survey Monuments and Benchmarks disturbed during demolition and removal activities shall be reestablished per the requirements of the City of Los Alamitos.

L. Contractor shall construct and maintain erosion control BMPs per the Reference Specification Section 3-12.6 Water Pollution Control.

3.02 UTILITY COORDINATION
A. Exercise extreme caution while working around power poles, overhead lines and light poles that are required to remain.

B. Conduits and structures associated with demolition of the existing buildings shall be removed and conduits capped at grade and the locations recorded on the as-built plans and locations staked in the field.

C. Disconnection and removal of all above ground utility services and meters to the point of service is included in the work to be done, unless otherwise specifically identified for removal by the utility owner.

SECTION F – Page 9

SPECIAL PROVISIONS
D. Demolish and remove abandoned utilities as indicated on the Contract Drawings and as directed by the Engineer. Coordinate with utility owner prior to work.

E. Abandoned utilities shall be removed, capped, or plugged as applicable or as identified on the drawings. Record these locations on the Record Drawings.

F. Contractor shall stake location of abandoned utilities. Stakes shall clearly note the material and depth of pipe.

H. Cap any adjacent irrigation system that is impacted by these removals and ensure remaining irrigation is fully operational. Work may include the placement of temporary irrigation piping to maintain connectivity.

3.03 DEMOLITION AND REMOVALS
A. The Contractor shall completely remove all furnishings and fixtures, and accessory structures attached or adjacent to the buildings to be demolished. The City reserves the right to require the Contractor to salvage certain fixtures prior to removal, including, but not limited to, air conditioning units and other items determined of value by the City.

B. The Contractor shall completely remove all building walls, concrete pedestals, and perimeter walls, and footing. All debris and refuse shall be removed.

C. Floor slabs and foundations shall be removed.

D. Any cavities within the Project Area shall be backfilled in accordance with materials stated in this section.

E. Disposal of all material shall conform to all applicable local, state, and federal regulations.

3.04 OWNERSHIP AND DISPOSAL
A. Materials removed shall become the property of the Contractor and legally disposed off site.

B. Materials shall be free from residual petroleum, tars, waste, debris, soils, loose scrap metal, and any toxic, hazardous, or other foreign substances.

3.05 BITUMINOUS PAVEMENT AND CONCRETE REMOVALS
A. Surface improvements removed or damaged as a result of Contractor’s operations and not designated to be removed shall be reconstructed by the Contractor with the same type of materials and to the same dimensions. Pavement thickness shall be 1 inch greater in thickness than the removed existing pavement.

3.06 CLEAN-UP
A. Debris and Rubbish Control: Debris and rubbish shall be removed and transported in a manner that will prevent spillage onto existing streets or adjacent areas. All debris shall be removed off the project site property at Contractor’s expense.

B. Regulations: Contractor shall comply with all applicable federal, state, and local regulations regarding handling and disposal of demolished buildings and all resulting materials.

SECTION F – Page 10

SPECIAL PROVISIONS
PART 4 MEASUREMENT AND PAYMENT

4.01 MEASUREMENT
A. Demolition and removal of the structure, placement and compaction of fill, and all associated work, including utility coordination, wall removals and footing, shall be measured as a single lump sum item.

4.02 PAYMENT
A. The contract lump sum price paid for Demolition of the TV Production Building shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in the Demolition of the TV Production Building, complete in place. The contract lump sum price paid per Lump Sum bid item shall include, but not be limited to:
a) Utility coordination and removals
b) Safely demolishing the existing structure(s), and removal and disposal of all fixtures including walls and footings, furnishings, and attachments therein or thereon c) Capping sanitary sewer lateral at edge of work area
d) Capping gas and water line
e) Disposal and transport of all debris and refuse from within the work area g) Securing fees to a legal dump site
h) Grading the site
j) Staking abandoned utilities
C. Health & Safety Plan: Full compensation to prepare and implement the Health and Safety Plan shall be included in the price paid for the Demolition of TV Production Building and no additional compensation will be allowed therefor.

D. Weight tags from the dump site shall be presented to the Engineer. No payment shall be made until the weight tags have been presented to the Engineer.

SECTION F – Page 11

SPECIAL PROVISIONS
PART 8 – LANDSCAPING AND IRRIGATION
SECTION 801 – INSTALLATION
801-1 GENERAL.

All existing lawn and landscape areas disturbed by the Contractor as part of or as a result of the work shall be prepared and re-sodded and/or replanted in kind, except as otherwise designated in the Plans. Existing irrigation systems shall be repaired and restored to operating condition to the satisfaction of the Engineer.

Contractor shall field verify with Engineer exact location of all irrigation components such as, but not limited to, valves, sprinkler heads, piping, etc., prior to start of construction. All irrigation components shall be protected in place. However, where there are conflicts with new sidewalks, the water supply lines, valves, and sprinkler heads shall be modified and adjusted to grade or relocated, as necessary. The reinstallation of irrigation components shall be performed in the same manner in which they were originally installed.

Contractor shall not have the existing irrigation system inoperable for more than 48 hours continuously.
801-8 Payment
Payment for Irrigation System Modifications shall be paid at the contract unit price Lump Sum (LS) and shall include full compensation and shall include, but not be limited to, furnishing all labor, materials, tools, equipment, hauling, disposing, pipes, sprinklers, connections, wyes, bends, tees, removal of interfering portions of existing system and incidentals for the irrigation system modifications complete in place and no additional compensation will be made therefor.

Payment for Vegetation Control Fabric shall be paid at the contract unit price per Square Feet (SF) and shall include full compensation and shall include, but not be limited to, furnishing all labor, materials, tools, equipment, hauling, disposing, compaction, and incidentals for the vegetation control fabric complete in place and no additional compensation will be made therefor.

Payment for 3/4" Size Landscape Grade Rocks, 4" Thick (Locally Available) shall be paid at the contract unit price per Ton and shall include full compensation and shall include, but not be limited to, furnishing all labor, materials, tools, equipment, hauling, disposing, compaction, and incidentals for the Landscape Gravel Rocks complete in place and no additional compensation will be made therefor.

Payment for Restore Lawn shall be paid at the contract unit price per Square Feet (SF) and shall include full compensation and shall include, but not be limited to, furnishing all labor, materials, tools, equipment, hauling, disposing, compaction, and incidentals for the Restoring lawn complete in place and no additional compensation will be made therefo

SECTION G

RECYCLING OF MATERIALS

WASTE MANAGEMENT PLAN FORM

1. PROJECT & APPLICANT INFORMATION

OWNER'S NAME DATE
PROJECT ADDRESS _____

OWNER TELEPHONE

CONTRACTOR NAME

CONTRACTOR CONTACT NAME

CONTRACTOR TELEPHONE

APPROXIMATE SQUARE FOOTAGE OF PROJECT
DEMOLITION DATES: START END
CONSTRUCTION DATES: START END

2. DESCRIPTION OF DIVERSION PLAN
Briefly state how waste materials will be handled at your job site to ensure salvage/reuse or recycling.

Also, explain how you will inform your workers/sub-contractors of your Waste Reduction and Recycling Plan requirements and ensure their participation.

3. EXEMPTION
Please fill out the section below if you believe that your project is entitled to an exemption and not required to divert or recycle C&D debris.

Waste Management City of Los Alamitos
Form Page 1 of 7 Updated 5/2022

4. MATERIAL HANDLING ESTIMATE
Please complete the Material Handling Estimate Worksheet (page 3). This form is used to identify the estimated types and quantities of materials and how the waste material will be reduced, recycled or disposed at your project site. Estimates should be calculated in tons.

Please use the attached Materials Conversion Worksheet for conversion factors. 4a. Diversion Percentage Estimate from Section F. (page 3): % 4b. ls the percentage listed in 4a above greater than or equal to 65%? YES NO 4c. If NO, explain why:

1. "To the best of my knowledge, the tonnage and diversion percentage estimates reported on this form are my best estimate of the disposition of the construction and demolition materials generated at this project site."

SIGNATURE

PRINT NAME DATE
Waste Management City of Los Alamitos
Form Page 2 of 7 Updated 5/2022
Exemption Status:

Reviewed
Date

MATERIAL HANDLING ESTIMATE

WORKSHEET
Column A: List estimated quantities of waste for each material type (in tons). To convert yards to tons, use the attached Materials Conversion Worksheet.

Columns B, C, D: List estimated quantities reused, recycled, or disposed based on Column A quantities. Column E: State the name of all vendors or facilities used to reuse, recycle or dispose of materials listed. Column Totals: Add up all material quantities for each column.

Section F. Calculate the estimated diversion percentage in the section at the bottom of this worksheet and enter the percentage on page 2, line 4a, of this form. Attach another Material Handling Estimate Worksheet if more room is needed.

Materials A
Quantity
Discarded
B
Salvage or
Reuse
C
Recycling
D
Disposal
(Landfill)
E
Proposed
Destination(s)
Example: Cardboard 2 tons
'

1.5 ,-
.5 (Recycle) XYZ Recycling
Facility (Disposal) Prima
Landfill
Asphalt & Concrete
Brick/Masonry/fitle
Building Materials
(doors windows,
cabinets, ect.)
Cardboard
Carpet
Carpet Padding/Foam
Ceiling Tiles
Drywall (new or used)
Landscape Debris
(brush, trees, ect.)
Waste Management City of Los Alamitos
Form Page 3 of 7 Updated 5/2022

MATERIAL HANDLING ESTIMATE

WORKSHEET
Materials A
Quantity
Discarded
B
Salvage
or Reuse
C
Recycling
D
Disposal
(Landfill)
E
Proposed
Destination(s)
Scrap Metal
Unpainted Wood &
Pallets
Garbage/Trash
Dirt X
Demolition X X
Green Waste (trees,
shrubs, turf, etc.)
Mixed Debris
Roofing
Wood Shingle/Shake
Concrete/Clay Tile
Roof Decking
Appliance/Equipment
F. Diversion Percentage Estimate: (Transfer % amount lo 4a on page 2) Column Totals B + C = / A = X 100% = %
Waste Management City of Los Alamitos
Form Page 4 of 7 Updated 5/2022

MATERIAL HANDLING ESTIMATE

WORKSHEET
Material Category Volume Unit Tons/Unit Tons
Asphalt/Concrete
Asphalt (broken) cy X .7 =
Concrete (broken) cy X .9 =
Concrete (solid slab)
Brick/Masonry/Tile
Brick (broken)
Brick (whole, palletized)
Masonry block (broken)
Tile
Building Materials (doors, windows, cabinets, etc.)
Cardboard (flat)
Carpet
By square foot
By cubic yard
Carpet Padding/Foam
Ceiling Tiles
Whole (palletized)
Loose
Drywall (new or used)
½" (by square foot)
5/8" (by square foot)
Demo/used (by cubic yard)
Landscape Debris (brush, trees,
etc.) Scrap Metal
Waste Management City of Los Alamitos
Form Page 5 of 7 Updated 5/2022
cy X 1.2975 =
cy X .7 =
cy X 1.5212 =
cy X .6 =
sq ft X .00175 =
cy X .15 =
cy X .05 =
sq ft X .0005 =
cy X .3 =
sq ft X .000125 =
sq ft X .0003 =
cy X .0875 =
sq ft X .0008 =
sq ft X .00105 =
cy X .25 =
cy X .15 =
cy X .453 =

MATERIALS CONVERSION WORKSHEET
Material Category Volume Unit Tons/Unit Tons
Unpainted Wood & Pallets
By board foot bd ft X .001375 =
By cubic yard cy X .15 =
Garbage/Trash cy X .175
Dirt
By cubic yard cy X 1.03 =
Demolition
Complete demolition sq ft of X 40/2000
structure
Complete demolition with tile roof sq ft of X 47/2000 = structure
Green Waste (trees, shrubs, turf, etc.) cy X .25 =
Mixed Debris (interior remodel) cy X .2
Roofing
Asphalt composition shingle roof X 3/2000 =
sq ft
Wood Shingle/Shake roof X 2/2000 =
sq ft
Concrete/Clay Tile roof X I 0/2000
sq ft
Roof Decking roof
sq ft
X 1.5/2000 =
Appliance/Equipment
Cook Top X .015 =
Dishwasher X .050
Refrigerator X .075 =
Oven (single) X .038 =
Waste Management City of Los Alamitos
Form Page 6 of 7 Updated 5/2022

Material Category

MATERIALS CONVERSION WORKSHEET
Volume Unit Tons/Uni t Tons
Trash Compactor X .020
Water Heater 30 gallons X .025 =
Water Heater 40-50 gallons X .038 =
Bathtub (cast Iron) X .150 =
Bathtub (steel) X .038 =
Sink, cast iron X .025
Sink, porcelain X .010
Sink, steel X .005 =
Toilet X .020
cy= cubic yards
Sample Calculation:
sq ft= square foot bd ft= board foot
Materials including I 00 square feet of roof decking, 50 cubic yards of brick (broken), and a cast iron bathtub would compute as follows: (I 00 x 1.5 lbs.)/2000 + (50 x 7) + .15= (.075) + 35 + 0.15 = 35.225 Tons Waste Management City of Los Alamitos
Form Page 7 of 7 Updated 5/2022

APPENDIX A

DEMOLITION AND SITE IMPROVEMENT PLANS

PROJECT AREAVICINITY MAP R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: Camryn.Lopez
FILE: W:\WE-CA\Los Alamitos, City of\110184.10 - LATV Demo\900-PS&E\901-Plans\PL-TITL.dwg DATE: Feb 14, 2023 - 11:10am Know what'sbelow. Callbefore you dig. R

R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: Camryn.Lopez
FILE: W:\WE-CA\Los Alamitos, City of\110184.10 - LATV Demo\900-PS&E\901-Plans\PL-DEMO.dwg DATE: Feb 14, 2023 - 8:48am Know what'sbelow. Callbefore you dig.

R

OAK STREET

R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: Camryn.Lopez
FILE: W:\WE-CA\Los Alamitos, City of\110184.10 - LATV Demo\900-PS&E\901-Plans\PL-CONS.dwg DATE: Feb 14, 2023 - 8:49am Know what'sbelow. Callbefore you dig.

R

OAK STREET

DEMOLITION OF LOS ALAMITOS TELEVISION

PRODUCTION BUILDING / PUBLIC WORKS BUILDING
BID OPENING: OCTOBER 19, 2023 AT 11 AM

ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. COST COST COST COST COST COST COST COST COST COST
1 Mobilization 1 LS 9,000.00 $ 9,000.00 3,500.00 $3,500.00 20,000.00 $20,000.00 15,000.00 $15,000.00 5,000.00 $5,000.00 2 Water Pollution Control 1 LS 2,500.00 $ 2,500.00 0.00 $0.00 1,000.00 $1,000.00 2,500.00 $2,500.00 3,600.00 $3,600.00 3 Irrigation System Modifications 1 LS 2,500.00 $ 2,500.00 3,000.00 $3,000.00 3,500.00 $3,500.00 2,500.00 $2,500.00 3,690.00 $3,690.00 4 Clearing and Grubbing 1 LS 9,000.00 $ 9,000.00 5,000.00 $5,000.00 1,000.00 $1,000.00 1,000.00 $1,000.00 5,000.00 $5,000.00 5 Demolition of the Tv Production Building 1 LS 35,000.00 $ 35,000.00 46,300.00 $46,300.00 56,055.00 $56,055.00 59,772.00 $59,772.00 58,350.00 $58,350.00 6 Temporary 6' Chain Link Fence with
Privacy Screen & Straw Rolls 195 LF 13.00 $ 2,535.00 15.00 $2,925.00 15.00 $2,925.00 11.00 $2,145.00 38.46 $7,499.70 7 Grading (Flatten to 4" below reference
point, 90% compaction) 1 LS 12,000.00 $ 12,000.00 17,280.00 $17,280.00 5,000.00 $5,000.00 5,000.00 $5,000.00 6,500.00 $6,500.00 8 Vegetation Control Fabric 4140 SQ FT 1.10 $ 4,554.00 1.38 $5,713.20 0.50 $2,070.00 0.25 $1,035.00 1.81 $7,493.40 9 3/4" Size Landscape Grade Rocks, 4"
Thick (Locally Available) 80 TON 125.00 $ 10,000.00 146.10 $11,688.00 62.50 $5,000.00 62.50 $5,000.00 89.81 $7,184.80 10 Restore Lawn 430 SQ FT 11.60 $ 4,988.00 11.62 $4,996.60 5.00 $2,150.00 2.40 $1,032.00 7.04 $3,027.20 11 8' High Chain Link Fence with Black Plastic
Slats 148 LF 61.50 $ 9,102.00 57.44 $8,501.12 125.00 $18,500.00 169.00 $25,012.00 35.14 $5,200.72 12 6' - 2"x2"x.25" Steel Square Tube /
Anchored to Block Wall / Field Welded to
Existing Steel Bars 12 LF 291.00 $ 3,492.00 75.00 $900.00 150.00 $1,800.00 167.00 $2,004.00 17.47 $209.64 TOTAL $104,671.00 $109,803.92 $119,000.00 $122,000.00 $112,755.46 Doesn’t add up
SCHEDULE TOTAL $104,671.00 $109,803.92 $119,000.00 $122,000.00 $112,755.46 PROJECT TOTAL $104,671.00 $109,803.92 $119,000.00 $122,000.00 $112,755.46 Resource
Environmental
3M Construction
Corporation

DESCRIPTION
Unlimited
Environmental, Inc. ASR Demolition Inc. Balandra Demolition QTY. UNITS

PUBLIC WORKS DIVISION

DEMOLITION OF LOS ALAMITOS TELEVISION

PRODUCTION BUILDING / PUBLIC WORKS BUILDING
BID OPENING: OCTOBER 19, 2023 AT 11 AM

PUBLIC WORKS DIVISION

SECTION D – Page 1

CONTRACT INFORMATION AND DOCUMENT

ARTICLES OF AGREEMENT

DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC

WORKS BUILDING
AT 10921 OAK STREET
SPECIFICATION NO. CIP 22/23-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

THIS DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC WORKS BUILDING, SPECIFICATION NO. CIP 22/23-04 AGREEMENT (“AGREEMENT”) is made and entered into for the above-stated project this 20th day of November 2023 BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter designated as “AGENCY”, and Unlimited Environmental, Inc., a California Corporation hereafter designated as “CONTRACTOR.”
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC WORKS BUILDING, SPECIFICATION NO. CIP 22/23- 04 shall consist of the Notice Inviting Sealed Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

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

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

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this AGREEMENT, CONTRACTOR offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (Section 16700, et seq.) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of

SECTION D – Page 2

CONTRACT INFORMATION AND DOCUMENT
goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

ARTICLE III: Compensation
A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sum of Dollars ($104,671.00) unless specifically approved in advance and in writing by AGENCY Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

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

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

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

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

A. The CONTRACTOR shall pay the prevailing wage rates for all work performed

SECTION D – Page 3

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

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

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

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

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

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

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

SECTION D – Page 4

CONTRACT INFORMATION AND DOCUMENT
ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and specifications made a part of the invitation for bids.

The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.

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

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

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

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

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CONTRACT INFORMATION AND DOCUMENT
In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided in the AGREEMENT but shall proceed with all work to be performed under the AGREEMENT.

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

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

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

CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

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

SECTION D – Page 6

CONTRACT INFORMATION AND DOCUMENT
If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR contained in, resulting from, or assumed under this AGREEMENT, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder.

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

ARTICLE IX: Dispute Resolution
A. In the event of a dispute arising out of the terms of this AGREEMENT, including any action brought to declare the rights granted herein or to enforce any of the terms of this AGREEMENT, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses. Any court action arising out of this AGREEMENT shall be filed in the Los Angeles County Superior Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the City of Los Angeles or the City of Los Alamitos, California.

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

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

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

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

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

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

AGENCY: Chris Kelley CONTRACTOR: Jill Hunt-Dupleich
CITY OF LOS ALAMITOS UNLIMITED ENVIRONMENTAL, INC.
3191 Katella Avenue 2300 E. Curry Street Bldg B
Los Alamitos, CA 90720 Long Beach, CA 90805
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

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

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

ARTICLE XV: General Provisions
A. All reports, documents, or other written material (“written products” herein) developed by CONTRACTOR in the performance of this Agreement shall be and remain the

SECTION D – Page 8

CONTRACT INFORMATION AND DOCUMENT
property of AGENCY without restriction or limitation upon its use or dissemination by AGENCY. CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR.

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

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

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

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

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

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this 20th day of November, 2023.

CONTRACTOR: Unlimited Environmental, Inc.

Jill Hunt-Dupleich, Vice President
Contractor’s License No. 668511
Subscribed and sworn to this day of , 2023.

SECTION D – Page 9

CONTRACT INFORMATION AND DOCUMENT

NOTARY PUBLIC (SEAL)
AGENCY:

Tanya Doby
City of Los Alamitos
Date
ATTESTED:

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

APPROVED AS
TO FORM:

Michael S. Daudt, City Attorney
City of Los Alamitos
Date
( E X E C U T E I N D U P L I C A T E )

SECTION D – Page 10

CONTRACT INFORMATION AND DOCUMENT

PAYMENT BOND

DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC

WORKS BUILDING
AT 10921 OAK STREET
SPECIFICATION NO. CIP 22/23-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project.

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law.

NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of One Hundred Four Thousand, Six Hundred Seventy-One Dollars and Zero Cents ($104,671.00) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 2023.

Contractor* Jill Hunt-Dupleich, Vice President
2300 E. Curry Street Building B
Long Beach, CA 90805
562-981-6600
Surety*
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address, and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this day of , 202 3 .

NOTARY PUBLIC........................................................................................................

SECTION D – Page 11

CONTRACT INFORMATION AND DOCUMENT
........................................................................................................................................(SEAL) (E X E C U T E I N D U P L I C A T E)

SECTION D – Page 12

CONTRACT INFORMATION AND DOCUMENT

FAITHFUL PERFORMANCE BOND

DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC

WORKS BUILDING
AT 10921 OAK STREET
SPECIFICATION NO. CIP 22/23-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That Unlimited Environmental, Inc., hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and, a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LOS ALAMITOS, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of One Hundred Four Thousand, Six Hundred Seventy-One Dollars and Zero Cents ($104,671.00); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for the project entitled: DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC WORKS BUILDING, SPECIFICATION NO. CIP 22/23- 04 CONTRACT which Contract is by this reference incorporated herein, and is required by AGENCY to give this Bond in connection with the execution of the Contract; NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 2023.

Contractor* Jill Hunt-Depleich, Vice President
SURETY*………………………………………….

Unlimited Environmental, Inc.
……………………………………………
2300 E. Curry Street Bldg B
……………………………………………
Long Beach, CA 90805
……………………………………………
562-981-6600

SECTION D – Page 13

CONTRACT INFORMATION AND DOCUMENT
……………………………………………
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address, and telephone number for their respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this day of , 2023.

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

SECTION D – Page 14

CONTRACT INFORMATION AND DOCUMENT

MAINTENANCE BOND

DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC

WORKS BUILDING
AT 10921 OAK STREET
SPECIFICATION NO. CIP 22/23-04

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

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof.

NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of Fifty Two Thousand, Three Hundred Thirty-Five Dollars and Fifty Cents ($52,335.50), which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of _______________, 2023.

Contractor* Jill Hunt-Dupleich, Vice President
Unlimited Environmental, Inc.
2300 E. Curry Street,
Long Beach, CA 90805
562-981-6600
SURETY*
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address, and telephone number for their respective authorized representatives. Powers of Attorney must be attached.

Subscribed and sworn to this ........... day of................................, 2023.

NOTARY PUBLIC.................................................................................................. ..................................................................................................................................(SEAL) (EXECUTE IN DUPLICATE)

SECTION D – Page 15

CONTRACT INFORMATION AND DOCUMENT

NON-COLLUSION AFFIDAVIT
The undersigned declares:

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______ [date], at _____________ [city], ______________ [state].
___________________________
Signature of Declarant
____________________________
Printed Name of Declarant

SECTION D – Page 16

CONTRACT INFORMATION AND DOCUMENT
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

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

DATE: Unlimited Environmental, Inc.
(Contractor)

By: ______________________________
(Signature)
_________________________
(Title)
A
t
t
e
s
t
:

Attest:
___________________________
(Signature)
_________________________
(Title)
Note: See Section 5 Legal Relations and Responsibilities, Subsection 5-4 of the Standard Specifications for insurance carrier rating requirements.

SECTION D – Page 17

CONTRACT INFORMATION AND DOCUMENT

ENDORSEMENTS TO INSURANCE POLICY
Name of Insurance Company: ___________________________________ Policy Number: _______________________________________________ Effective Date: ________________________________________________ The following endorsements are hereby incorporated by reference into the attached Certificate of Insurance as though fully set forth thereon:

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

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

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

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

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

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

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

Authorized Insurance Agent:
__________________________________
Date:
___________________________

SECTION D – Page 18

CONTRACT INFORMATION AND DOCUMENT

STATEMENT REGARDING INSURANCE COVERAGE

DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC

WORKS BUILDING
AT 10921 OAK STREET
SPECIFICATION NO. CIP 22/23-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 5.4 LIABILITY INSURANCE of Section E, Standard Specifications. Should Bidder be awarded the contract for the work, the undersigned further certifies that Bidder can meet all of these specification requirements for insurance including insurance coverage of his/her subcontractors.

NAME OF BIDDER: .......................................................................................................

MAILING ADDRESS: ....................................................................................................... ....................................................................................................... .......................................................................................................

AUTHORIZED SIGNATURE: .......................................................................................................

TITLE: .......................................................................................................

DATE: .......................................................................................................

SECTION D – Page 19

CONTRACT INFORMATION AND DOCUMENT
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS

DEMOLITION OF LOS ALAMITOS TELEVISION PRODUCTION BUILDING / PUBLIC

WORKS BUILDING
AT 10921 OAK STREET
SPECIFICATION NO. CIP 22/23-04

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

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

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

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

SECTION D – Page 20

CONTRACT INFORMATION AND DOCUMENT
f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

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

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

Contractor’s License Number:

License Expiration Date:

Authorized Signature:

Date:

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2023 ITEM NUMBER: 11M
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 3 with North Star Land Care for Annual Park and Landscape Maintenance Services (citywide)

SUMMARY
This item seeks approval of Amendment No. 3 with North Star for annual citywide park and landscape maintenance services for the amount of $114,067.92.

RECOMMENDATION
Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with North Star Land Care for a one (1) year term for annual park and landscape maintenance services citywide through January 19, 2025, for a total amount of $114,067.92.

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

In November 2020, the City released Requests for Proposals (RFP) 2020-05, which solicited bids for annual maintenance of certain parkways, medians, landscape areas, and City parks and was ultimately awarded to North Star in January 2021. In August 2022, the City Council approved the augmentation of monthly services to include additional areas for services specific to Ball Road, Bloomfield Street, Cerritos Avenue, Farquhar Avenue, Katella Avenue, Lexington Drive, and Los Alamitos Boulevard. Servicing of these areas includes the removal of weeds, vegetation, and excessive dirt from tree wells, gutters, and sidewalk areas. In January 2023, City Council approved extending services via Amendment No. 2 for one additional year.

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

SITE LOCATION
Katella median islands East of the 605 freeway to Walker Street Los Alamitos Boulevard median islands South of Coyote Creek to North of Bradbury Road

The scope of service rendered from this agreement includes but is not limited to mowing, edging, weed removal, sweeping (blowing), and litter removal.

North Star Land Care has agreed to provide continued services with no price increase for the proposed term. Amendment No. 3 to the Professional Services Agreement (PSA) extends the City’s contractual relationship with North Star Land Care for a period of one year. This extension will utilize the final of two allowable one-year extensions.

Farquhar Avenue – Southside wall and
parkway area
East of Bloomfield Avenue to America Drive
Rossmoor Islands East of Los Alamitos Boulevard to West of Pine Street
Bradbury Islands East of Los Alamitos Boulevard to West of Pine Street
Los Alamitos Boulevard parkway west side (Hedwig to Bradbury Road) Los Alamitos Boulevard parkway east side (Harrisburg Road to Orangewood Avenue, Good Shepherd Presbyterian Church to
Mobil Gas)
Katella Avenue south side (605 to Wallingsford/Walnut)
Farquhar Avenue south side
Sterns Park 3871 Farquhar Avenue
Soroptimist Park 10822 Pine Street
Stansbury Park 3711 Toland Avenue
Labourdette Park 4401 Howard Avenue
Little Cottonwood Park 4000 Farquhar Avenue
Orville R. Lewis Park 3662 Kempton Drive
Laurel Park 10915 Bloomfield Street
Sierra Circle, green belt Cerritos and Sierra Circle
Civic Center Complex (to include Roberts
Park, rear of Community Center)
3191 Katella Avenue & 10911 Oak Street
Ticonderoga/Katella service road East of Ticonderoga Drive to the west of 5008 Katella Avenue (Potholder Café)
Oak Bike Path Oak Street to Coyote Creek Park

FISCAL IMPACT
Amendment No. 3 to the PSA with North Star Land Care for annual park and landscape maintenance services, will not exceed a total annual amount of $114,067.92. Funding for these services is included in the Park Maintenance Division fund within the Development Services Department budget. The total contract amount is incorporated into Fiscal Year 2023-2024 budget.

Attachment: 1. Amendment No. 3 - North Star Land Care

2. North Star Land Care (2021)

3. Amendment No. 1 - North Star Land Care (2022)

4. Amendment No. 2 - North Star Land Care (2023)

1798812.1 Page 1 of 2
AMENDMENT NO. 3 TO LANDSCAPE MAINTENANCE SERVICES

AGREEMENT
North Star Land Care
This Amendment No. 3 to Landscape Maintenance Services Agreement (“Amendment”) is made and entered into on this ___th day of November, 2023 by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and North Star Land Care, A California corporation, (“Contractor”).

City and Contractor are sometimes hereinafter collectively referred to as the “Parties.”

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

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

C. City and Contractor entered into that certain Amendment No. 2 to the Agreement on November 14, 2022 (“Amendment No. 2”), which is incorporated herein by reference, exercising one of two possible one-year contract extensions through January 19, 2024.

D. The Agreement, as amended by Amendment No. 1 and Amendment No. 2, will expire on January 19, 2024, unless extended by mutual agreement of the Parties.

E. City and Contractor desire to amend the Agreement to exercise the second of two possible one-year contract extensions, through January 19, 2025, subject to the terms and provisions of this Amendment No. 3
NOW, THEREFORE, City and Contractor mutually agree as follows:

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

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of four (4) years, ending on January 19, 2025.

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

1798812.1 Page 2 of 2

3. The persons executing this Amendment No. 3 on behalf of the Parties hereto warrant that they are duly authorized to execute this amendment on behalf of said Parties and that by so executing the Parties are formally bound to the provisions of this amendment.

IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment No. 3 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”
North Star Land Care
By:_______________________________
Jose A. Martinez
President
[email protected]
By:_______________________________
Juan Angel Sotelo
CFO
[email protected]

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

LANDSCAPE MAINTENANCE SERVICES AGREEMENT
North Star Land Care]

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

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

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

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

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

AGREEMENT

1. SERVICES OF CONTRACTOR

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

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

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

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

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

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

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

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

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

2. COMPENSATION

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

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

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

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

3. SCHEDULE OF PERFORMANCE

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

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

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

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, 1277023. 1

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

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

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

4. COORDINATION OF PROJECT SERVICES

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:

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

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

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

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

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

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

4.4 Independent Contractor.

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

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

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

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

4.5 PERS Eligibility Indemnification.

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

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

5. INSURANCE

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. 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 1277023. 1

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

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

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:

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

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

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 1277023. 1

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

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

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

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

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

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

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

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

5. 6. 3 Renewal/ Replacement Policies. At least fifteen( 15) calendar days prior to the expiration of any such policy, evidence ofinsurance 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 1277023. 1

DocuSign Envelope ID: B2B8AE14-290E- 4057-AFAF- 1156105ED11A shall, within ten ( 10) calendar days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies meeting all requirements ofthis Agreement.

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

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

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

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

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

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.
1277023. 1

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

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

5. 10.5 Contractor agrees to ensure that subconsultants and subcontractors, ifany, 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 attorneys' fees and other related costs and expenses.

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

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

7. REPORTS AND RECORDS
1277023. 1

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

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

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

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

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

8. ENFORCEMENT OF AGREEMENT

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

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

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

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

DocuSign Envelope ID: 82B8AE14- 290E- 4057- AFAF- 1156105ED11A cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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

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

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

8. 6 Termination for Default of Contractor.

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

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

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

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

DocuSign Envelope ID: B2B8AE14- 290E- 3057- AFAF- 1156105ED11A entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty( 30) calendar days ofthe date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney( s) handling the dispute on behalf ofthe prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250. 00) per hour.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

10. MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

SIGNATURES ON NEXT PAGE]
1277023. 1

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

City"
City of Los Alamitos
DocuSigned by:

B :

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

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

By:

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

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A r°
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3 City of Los Alamitos Request for Proposal
for Park & Landscape Maintenance Services
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LANDSCAPE
NORTHSTARLANDCARE. COM (562) 674-3076
LIC# 1034669 DIR# 1000056611

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

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

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

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

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

Assigned contacts for this important project are as hollow:

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

Sincerely.

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

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

TABLE OF CONTENTS

1. Statement of Qualifications 2

2. Licensing 3

3. Staffing 5

4. Performance of Work 7

5. Financial Statement 11

6. Credit References 11

7. Equipment 12

8. Work History 13

9. References 14

10. Insurance... 17

11. Proposal Schedule 18
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NORTH STAR m
LANDSCAPE a
North Star Landscape

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

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

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

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

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

Att
rt North Star Landscape

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

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

CONTRACTORS dca STATE LICENSE BOARD
ACTIVE LICENSE r'
1034669 CORP

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

06. 30 21
Mailing Address
10831 9C.2=-,1 tip- . i ted Stotts cf r;^ i<' ica
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7/1 North Star Landscape

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

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

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

North Star Members Assigned to Los Alamitos Team:

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

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

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

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

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

L
v
ro3-
41, North Star Landscape

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

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

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

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

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

T, North Star Landscape

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

PERFORMANCE OF WORK

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

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

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

0.0 most sprinkler repairs as they occur.

North Star Landscape

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contact Information 1( 800) 736- 0220
1111 Old Eagle School Road
Wayne, PA 19087
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Equipment
Motor Vechiles/ Equipment
10 Pick Up Trucks
1 Roll- off Truck
3 40 yard Containers
2 Arrrow boards
1 One- ton Dump Truck
2 Small Trailers
3 25 yard Dump Trucks
2 Utility Vechiles
Landscaping Equipment/ Pruning Equipment/ Tools/ Safety Equipment:
5 Hedge trimmers- extensions
6 Lawn edgers- extensions
6 Lawn Mowers
3 Exmark Lazer z lawn mowers
8 Leaf Blowers
12 String Trimmers
5 Weed Killer Applicators
40 28" Safety cones
Misc. Safety Equipment( Traffic and Pedestrian Signs)- Gloves, Safety Glasses, Hard Hats, Ear Plugs, Safety Vests, Stop & SLow Hand Signs and Safety Flags North Star has more than enough equipment and resources to fulfill our contract obligations with the city of Baldwin Park in a very professional manner. In the event more equipment is needed for this project, we will get it from our maintenance facility. We have a major inventory of equipment as mentioned above to fulfill all our other contractual agreements with our other City Clients. i•
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DocuSign Envelope ID: B268AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 Work History
The following are Four (4) projects similar to this project:

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

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

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

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

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

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

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

Andrea Gullo, Executive Director( 562) 945- 9003
Currently under contract.
o t Puente Hills
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Habitat Preservotlon Authority
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North Star Landscape

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

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

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

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

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

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DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 dcry
Pubic Works Department r P
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August 29. 2018
RE: North Star Landcare
To Whom It May Concern
I am pleased to provide a letter of recommenestion for North Star Lardcare North Star has provide exoellert customer service and superior tree trimming and tree care services We value our relationship and continue to develop our tree program.

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

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

Daniel Hernardez.

Director of Public Vdorks
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North Star Landscape

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

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

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

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

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Insurance
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AC-C-)RIZ, CERTIFICATE OF LIABILITY INSURANCE
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S). AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iesl must have ADDITIONAL INSURED provisions or be endorsed.

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

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

SECTION C

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

ESTIMATED
i .n

UNIT ITEM

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

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

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

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

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

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

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

1. 016 LF S 0. 1' S 121. 92
ark
The Contractor shall be responsible for calculating and providing unit prices for the schedule The Proposal Schedule shall include all costs for services. labor. materials. equipment. and installation associated with completing the work in place per the plans. specifications and details
Proposal Schedule Iotal: S S4. 955. 95
Proposal Schedule Total( Lu word): Eighty- Four Thousand Nine Hundred Fifty-Five Dollars And Ninety-Five Cents
North Star Landscape December 1 ', 2020
C ompany Name of Proposer Date
Lqu-: r For Prnpo_ a! 20: O- 05
Par it Land:: ape llanuenar! cc. Service:: 0: 0
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28 Page
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111 North Star Landscape

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SIGNATURES ON THE FOLLOWING PAGE

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

APPROVED AS TO FORM.

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

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

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

B y' ‘%-- s4Bcc26B4CA8409...

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

DocuSigned by:
9031334493D04A8_.

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

By. '.....--.

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

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

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

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

SALES REP
R. S.

NORTH STAR

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

NORTH STAR
Landscape

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: A26EAA9F- 4625-4CFC-ABE9- 44B3506330A1

1732113.1 Page 2 of 2

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

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

SIGNATURES ON THE FOLLOWING PAGE
City”
City of Los Alamitos
By:_______________________________
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”
North Star Land Care
By:_______________________________
Jose A. Martinez
President
[email protected]
By:_______________________________
Juan Angel Sotelo
CFO
juan@northstarlandcare. com
DocuSign Envelope ID: A26EAA9F- 4625-4CFC-ABE9- 44B3506330A1 3/ 23/ 2023
3/ 22/ 2023
3/ 23/ 2023
3/ 24/ 2023
3/ 24/ 2023

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2023 ITEM NUMBER: 11N
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 10 with Clear Channel Outdoor, LLC for Bus Shelter License and Maintenance Agreement

SUMMARY
This item seeks approval of Amendment No. 10 with Clear Channel Outdoor, LLC to continue providing Bus Shelter License and Maintenance Services until November 20, 2024. The current Professional Services Agreement (PSA) expires on December 31, 2023.

RECOMMENDATION
Authorize the Mayor to execute Amendment No. 10 of the Professional Services Agreement with Clear Channel Outdoor, LLC, with no fiscal impact and a term expiring on November 24, 2024.

BACKGROUND
Bus shelters are an amenity provided at transit stops, providing cover from sun or weather, seating, and information about the transit system. The City currently has 19 bus shelter locations operated and maintained by the current contractor, Clear Channel Outdoor Inc. The availability of bus shelters with ad boxes within City limits, provides the capability to market City events, display public service announcements and other information provided by City partners.

Clear Channel has provided bus shelters and maintenance services to the City since 1991, with the current Professional Services Agreement (PSA) secured by a Request for Proposals (RFP) in 2006.

Pursuant to the Agreement, Clear Channel purchased and installed 19 new bus shelters at no cost to the City. Clear Channel solicits advertising for the shelters and allow the City a limited use of advertisement space at no cost. Clear Channel maintains the shelters and benches twice weekly, keeping them free of litter, graffiti, debris, and will sweep, clean, and empty trash receptacles as often as necessary to keep them functional.

DISCUSSION
In August 2021, staff issued RFP 2021-09 for the solicitation of bids from qualified contractors to construct and install new shelters, provide routine maintenance of all bus shelter locations, and operation of all related-lease advertising, at no cost to the City. In addition, the RFP sought an annual payment to the City for a net percentage of advertising revenue. As

proposed, the released RFP prescribed direction to remove and install new shelters at the existing locations, with a potential of seven new shelters.

At the conclusion of bid opening on September 2, 2021, the City received no bid responses.

While neighboring cities such as Seal Beach and Cypress currently hold contracts with similar specifications and a greater asking in annual payment than sought in this RFP, there are a couple elements that may have influenced the lack of response for this RFP – this includes the current climate as a result of the COVID-19 pandemic.

Despite being further out from the COVID-19 pandemic, the bus shelter advertising industry continues to see severe impacts on operations and opportunities to conduct business. Due to this continued impact, there is a need for additional time to consider alternative options that will provide a greater viability of the program's success.

In an effort to provide additional time to consider all options and to ensure continuity of services, staff seeks approval to extend the Agreement for an additional twelve (12) months.

Proposed Amendment No. 10 would provide staff time to assess the item further, and bring back options at a future meeting for Council to consider.

FISCAL IMPACT
There is no fiscal impact for this service, as services are provided to the City at no cost under the terms of the agreement.

Attachment: 1. Amendment No. 10 - Clear Channel Outdoor, Inc (2023)

2. Clear Channel Outdoor, Inc (2006)

3. Amendment 2 - Clear Channel Outdoor, Inc (2017)

4. Amendment 3 - Clear Channel Outdoor, Inc (2018)

5. Amendment 4 - Clear Channel Outdoor, Inc (2019)

6. Amendment 5 - Clear Channel Outdoor, Inc (2020)

7. Amendment 6 - Clear Channel Outdoor, Inc (2021)

8. Amendment 7 - Clear Channel Outdoor, LLC (2021)

9. Amendment 8 - Clear Channel Outdoor, LLC (2022)

10. Amendment 9 - Clear Channel Outdoor, LLC (2023)

AMENDMENT No. 10 TO BUS SHELTER LICENSE AND

MAINTENANCE AGREEMENT
Clear Channel Outdoor, LLC.

This Amendment No. 10 to Bus Shelter License and Maintenance Agreement (“Amendment”) is made and entered into on this 20th day of November, 2023 by and between the City of Los Alamitos, a California charter city and municipal corporation (“City”), and Clear Channel Outdoor, LLC, a Delaware limited liability company, as successor-in-interest to Clear Channel Outdoor Inc., a Delaware Corporation (“Contractor”), 19320 Harborgate Way, Torrance, CA 90501.

RECITALS
A. City and Contractor entered into that certain Bus Shelter License and Maintenance Agreement on June 7, 2006 (the “Agreement”), which is incorporated herein by this reference.

B. Pursuant to the Agreement, Contractor constructed and has subsequently maintained nineteen (19) advertising bus shelters at designated public locations throughout the City.

C. As extended by Amendments Nos. 1 through 9, each of which are incorporated herein by this reference, the Agreement will expire on December 31, 2023 unless extended.

D. City is in the process of re-circulating a formal Request for Proposals (“RFP”) that will result in a new long-term Bus Shelter License and Maintenance Agreement with the selected proposer.

E. To ensure continued maintenance of the advertising bus shelters during the RPF process and until a new long-term Bus Shelter License and Maintenance Agreement is secured, City and Contractor desire to extend the term of the Agreement until November 20, 2024, except as may be earlier terminated.

NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged, City and Contractor mutually agree as follows:

1. Section 3.1.2 of the Agreement is hereby amended and restated in its entirety to read as follows:
“3.1.2 Term of Agreement. This Agreement shall continue in full force and effect until November 20, 2024, unless earlier terminated in accordance with Section 3.8 of this Agreement.”

2. Except as expressly modified above, all terms and conditions of the Agreement

shall remain unchanged and in full force and effect.

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

IN WITNESS WHEREOF, the City and Contractor 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 ATTEST:

Woodruff & Smart, APC
By:_ By:_
Michael S. Daudt Windmera Quintanar, MMC
City Attorney City Clerk
“Contractor”
Clear Channel Outdoor, LLC
By:_
Greg McGrath
Senior Vice President and
Regional President, Southern
California

ex

CITY OF LOS ALAMITOS
BUS SHELTER 11C 1 NSE AND MAINTENANCE AGREEMENT
WITH CLEAR CHANNEL (A ' 1' DOOR. INC.

1. PARTIES ANT) DATE.

This Bus Shelter License and Maintenance Agreement (" Agreement") is made and entered into this 7th day of June, 2006 (- Effective Date''), by and between the City of Los Alamitos, California, a municipal corporation of the State of California (" City") and Clear Channel Outdoor, Inc., a Delaware corporation (.. Contractor''). City and Contractor are simetirues individually referred to as " Party' and collectively as Parties" in this Agreement.

2. I$ECVIALS*

2. 1
In 1991, City and Contractor entered into an agreement governing the placement and maintenance of twenty ( 201 bus shelters (" Existing Shelters"), which agreement is superseded by this Agreement.

2. 2 Following a Request for Proposals, the City has determined, pursuant to its authorny under Chapters 12. 28 and 17. 2$ of the Los Alamitos NIunicipal Code, to grant to Contractor a license to place and maintain nineteen ( 19) Advertising bus shelters at designated public locations throughout the City (` New Shelters").

2. 3 City desires to obtain the New Shelters without incurring costs and expenses f!ur their construction. installation or maintenance.

2.4 Contractor represents that it is familiar with and is willing and qualified to provide the New Shelters under the terms and conditions hereinafter set forth.

3. Terms.

3. 1 Grant of License; Term of Agreement.

3. 1_ I Grant of License. City hereby grants to Contractor, on the terms hereinafter described, the right and power to construct, erect, install, illuminate, repair, maintain, advertise in and upon, operate and insure the New Shelters. Additional bus shelter locations may be selected by mutual consent of the parties, pursuant to an authorized amendment to this Agreement.

3. 1. 2 iTerm ofAg, c_ement. ilhis Agreement shall continue for ten 110) ve; es from the effective date of this ' agrement, unless previously terminated as hereafter provided.

The City Council and Contractor shall have the right to renew the Agreement for up to five ( St one- year extensions.
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3. 2 No Compensation to City; Permit Fees.

Since Contractor is bearing one hundred percent ( 100%) of all construction, installation, maintenance and other costs and expenses under this Agreement, Contractor shall not he required to pay City any compensation in connection with the license granted under this Agreement: provided, however. that this section shall not excuse Contractor from the obligation to pay any applicable normal permit fees necessary for the installation of the New Shelters.

3. 3 Removal of Existing Shelters.

Contractor shall remove the above ground portions of all of the Existing Shelters and restore the property to its original condition or, if applicable, to a condition necessary to install the New Shelters.

3. 4 Construction and Installation of New Shelters.

Contractor shall construct and maintain, at its sole cost and expense, the New Shelters pursuant to the terms of this Agreement,

3. 4. 1 Design of Shelters. The design of the New Shelters shall strictly conform to the depictions included in € xhib,it " A" attached hereto and incorporated herein by reference.

Unless a modification is approved hythe City, each New Shelter shall he designed by Polar Manufacturing, shall he thirteen ( 13) feet in length with forty- eight ( 48) inch advertising boxes, and shall he equipped with a customized dome roof style, a perforated metal bench and a pedestal mounted trash receptacle. The Advertising boxes or kiosks shall be mounted on the New Shelters in a fashion which is consistent with the aesthetics and architecture of the New Shelters. The New Shelters shall be designed and manufactured to resist graffiti and vandalism, as well as to accommodate small width sidewalks, so as not to block the view of adjacent businesses from the street, and to accommodate advertising viewing on wider boulevards.

Contractor shall be solely responsible for adherence to patent, copyright, and trademark rights of the manufacturer( s),

3. 4. 2 Location ation of Shelters. The locations of New Shelters shall be those locations shown in Exhibit " B" attached hereto and incorporated herein by reference_ In addition, locations may be amended, as required, for relocation of New Shelters upon the mutual consent of the City Manager, or his or her designee, and the Contractor.

3. 4. 3 Installation Schedule. Contractor shall order the New Shelters within five 5) business days of the effective date of this Agreement, or of receiving City' s selected design for the Now Shelters, whichever is later. Contractor shall take delivery of the first New Shelter within sixty ( 60) days of ordering, and Contractor shall install the first New Shelter within (ilteen 051 days from Contractor' s receipt of the first New Shelter from the manufacturer. All New Shelters shall be installed and in operation within ninety ( 90) days of its receipt of the first New Shelter from the manufacturer. If there is any delay in the ordering or installation of any New oakiiri AM RRis.75e)_> }

Shelter, Contractor shall notify City in writing. Modifications to the installation schedule shall he subject to the approval of the City in its sole hut reasonable discretion.

3. 4' 4 Build- Out Plan. Contractor shall develop a written build- out plan in compliance with the instaalhition schedule provided or in Section 3. 4. 3. The build out plan shall specify the timing of installation for each New Shelter, and shall cause the least disruption in service to transit riders. The City will coordinate removal of existing shelters with Contractor and other interested parties. All existing concrete pads and electrical connections may remain intact and will be available for use by Contractor upon request. The build- out plan shall he submitted to the City within thirty ( 30) days after the effective date of the Agreement. The plan will be approved by the City Engineer poor to the start of installation of the first New Shelter. If Contractor fails to adhere to the build- out plan mutually approved by the City and Contractor fur each New Shelter, and the City has not authorized a deviation for that New Shelter, which authorization shall not be unreasonably withheld, conditioned or delayed, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City, as fixed and liquidated damages, and not as a penalty, the sum of Twenty- Five Dollars ($ 25. 00) per shelter for each calendar day of delay in excess of three ( 3) for that particular shelter,

3. 4. 5 . Permit Requirements. As required or necessary, Contractor shall obtain a separate permit from each applicable governmental entity, including the City, for each New Shelter. The City shall cooperate with Contractor in its efforts to obtain any and all necessary hermits. Each such permit shall he valid only for the Cuticular location specified therein. Each application for a permit to install a New Shelter must he accompanied by a plan showing the proposed location of that New Shelter, as well as such other information as the governmental entity may require. The City Engineer shall specify all permit requirements for the City.

Contractor shall pay all fees ordinarily assessed by each governmental entity in connection with the issuance of such permits.

3. 4. 6 Compliance with Applicable Laws. All New Shelters shall he constructed in conformity with all applicable federal, state and local rules, laws and regulations, including, without Limitation, the building and electrical codes of the City, as well as the Americans with Disabilities Act. Contractor shall only employ or utilize contractors and other workers who are licensed in California to perform the work to which they are assigned.

3. 4. 7 Restoration of Public and Private Property. With respect to the installation, removal or relocation of any shelter, Contractor shall he responsible, at its sole cost and expense, to repair and restore the City' s property and any surrounding private property, including sidewalks, landscaping and other improvements, caused by such activities. Upon termination or expiration of this Agreement, Contractor shall be required to restore all such property to its original condition at its sole cost and expense; provided, however, that Contractor shall not be required to remove the below ground portions of any of the Existing Structures or New Structures.
ratyNGLAnn rlithlS 253fl 16
3

3, 5 Operation, Repair and Maintenance.

Contractor is responsible, at its sole cost and expense, for the operation, maintenance, repair, cleaning and servicing of all New Shelters pursuant to the terms of this Agreement.

3. 5. 1 Contractor' s Basic Obligation. Contractor shall maintain all New Shelters in a neat and orderly condition at all times. All visible marlines on Borne- style structures must be maintained to the same standard as the remainder of the New Shelters. Contractor shall he at liberty to enter upon and into the New Shelters at all reasonable times with personnel and all necessary materials, including but not limited to, electric wires, meters, clock work machinery and other items reasonably necessary for making the New Shelters effective. All such work shall be performed at the sole cost, expense and liability of Contractor.

3. 5. 2 Timing of Maintenance. Contractor shall maintain all New Shelters at least twice weekly, keeping them free of liner, graffiti and debris. Maintenance shall include cleaning the entire structure, as well as sweeping in and around the structure and concrete pad.

Trash receptacles shall he emptied and cleaned whenever full, but no less often than twice weekly, In addition, Contractor shall steam clean each New Shelter, including the roofs, at least twice per year, or more frequently. if needed. Although under no obligation to do so, the City may perform additional maintenance as deemed necessary by the City and in consultation with Contractor. The City shall have the right to insist upon a maintenance schedule, which schedule shall be reasonably acceptable to Contractors, at Contractor' s sole costs and expense, which will keep the New Shelters from being a public nuisance. Finally, the paint on each New Shelter shall be touched up as often as needed to eliminate damage and to prevent deterioration, and repainting will occur at least once during the first ten ( 10) years of this Agreement.

3. 5. 3 On- Calla Notification. Contractor shall he on- call twenty- four (24) hours per day. seven ( 7) days per week to receive notification of maintenance issues and damage to the New Shelters. Notification shall be made possible telephonically. Contractor is encouraged to also make notification possible via electronic mail or messaging. Notification shall be deemed to occur when a Contractor representative receives information orally or when a message is left telephonically for Contractor on Contractor' s dedicated telephone line. If applicable, notification shall also be deemed to occur when Contractor receives notification via electronic mail or messaging. Each New Shelter shall contain the conspicuously posted telephone number of Contractor' s maintenance and operation headquarters to which the public may direct complaints, Contractor is also encouraged to conspicuously post addresses to which electronic mail or messaging may be scot.
4, 5, 1 Response Times. Contractor shall respond to all complaints and notifications Contractor will respond to maintenance concerns, and shall repair or replace, at its sole costs and expense, any and all damaged or defaced Shelters, including defacement by graffiti, within twenty- four ( 2- 1) hours of notification to Contractor. Repairs necessary to ensure public safety tda mage indicated by the City to be dangerous) shall be performed within four 14) hours of notification to Contractor.
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4

3. 5. 5 Graffiti. As stated herein, graffiti shall be treated as a repair issue, so Contractor shall perform graffiti abatement on each New Shelter pursuant to Section 3. 5. 4.

Contractor shall utilize those materials that will best deter the prevalence of graffiti.

3. 5. 6 Shelter i) atabase and Maintenance Log, Contractor shall maintain a written database of the location of each New Structure, as well as its model and significant site features. Contractor shall also maintain a written log detailing, on a shelter- by- shelter basis, all complaints and notifications received for that shelter, as well as Contractor' s response thereto, and all routine and non routine maintenance and repair work on that shelter. The log should he provided to the City no less often than quarterly, as determined by the City. In addition, Contractor shall provide a copy of the database and log within two ( 2) business days of a request by City.

3. 5. 7 Electricity. Contractor shall provide electrified illumination, from dusk to iawit, for each New Shelter, by an interior overhead light fixture and for the interior of each advertising box. Contractor shall pay all sums on a timely basis for electrical energy supplied to the New Shelters. Contractor shall defend and indemnify City, pursuant to the indemnity provisions of this Agreement, for any and all costs, expenses and fees associated with such electrical supply.

3. 5. 8 Liquidated iidated Damages. In the event that Contractor does not respond or maintain the New Shelters within the time required by this Section 3. 5, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the following sums:

3. 5. 8. I First through Third Violations. Zero dollars ($ 0) per shelter, per day ( warning only) for normal violations ( non safety related); one hundred dollars 15100) per shelter, per day for violations involving public safety.

3. 5. 8. 2 Ffautah through Sixth Violations, Twenty- Five dollars ( 525) per shelter, per day for normal violations; two hundred dollars ($ 200) per shelter, per day for violations involving public safety.

3. 5, 8. 3 Seventh through Ninth Vtolatiiins Fifty dollars ($ 50) per shelter. per day for normal violations; Three hundred fifty dollars ($ 350) per shelter, per day for violations involving public safety.
3„ 5. 8. 4 Tenth and Subsequent Violations. ttions. One Hundred dollars ($ 100) per shelter. per day for normal violations, five hundred dollars ($ 500) per shelter, per day for violations involving public safety.

3. 5. 9 " Termination. Contractor s repeated failure to perform inain ten ance or repairs to the satisfaction of the City in accordance with the terms of this Agreement may be deemed a material default in performance by Contractor and grounds for termination of the Agreement pursuant to Section 3. 8.
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5

3. 6 Advertising.

Contractor may utilize those New Shelters designated as advertising shelters flat such purpose pursuant to the following:

3. 6. 1 Advertisine Display. Box. Advertising shall he displayed only in the illuminated box area designated for advertising.

3. 6. 2 Advertising Policy. All advertisements shall comply with the following:

3. 6.2. 1 No advertisement shall he displayed which is considered by the City, in its sole discretion and in accordance with applicable law, to he offensive or objectionable to the community standards of Los Alamitos.

3. 6. 2. 2 No advertisement shall be displayed which is considered by the City, in its sole discretion and in accordance with applicable law, to he indecent or vulgar,

3. 6. 2. 3 No advertisement shall display any work, phrase, symbol or character likely to interfere with, mislead or distract traffic, or conflict with any traffic control device.

3. 6. 2. 4 No advertisement shall display ads for alcohol, tobacco, or any other products or services illegal for sale to minors, including ` R" rated movies, within five hundred ( 500) feet of any school., playground or church. 3, 6. 2. 5 All advertisements shall comply with the Contractor' s Code of Advertising Practice attached hereto as Exhibit " C" and incorporated herein by reference.

3. 6. 3 City Review or Rg tlest for Removal. Contractor shall, upon request by City, transmit to the City color copies of any or all proposed advertisements for review prior to the advertisements being placed in the shelter. If at any time the City determines that an advertisement placed in an advertising bus shelter violates any provision of this Section 3. 6, Contractor shall remove such advertisement, at no cost or penalty to the City, within twenty- four 24) hours of receipt of a written request front City. If Contractor fails to remove such advertisement, it is understood, acknowledged and agreed that the City will suffer damage.

Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City, as lived and liquidated damages, and not as a penalty, the sure of One Ifundred Dollars ( SI000W per day, per advertisement for each calendar day that the advertisement remains following notification.

3. 6. 4 Termination. Ret.peaurd Failure ton 3iihere to the provisions of this Section

3. 6 may he deemed a material default in performance by Contractor and grounds for termination of the Agreement pursuant to Section 3. 8.

ORANGIE, A: MOURNN '. t=.` 11

3. 6. 5 Public Service Messages. Contractor shall make available at all times to the City, at no cost or expense to the City, a minimum of four ( 4) advertising panels for public service messages. Such public service space will not he site specific, but the panels shall be made available throughout the entire City at locations mutually agreed to by City and Contractor.

Contractor shall also make all unsold advertising space available to the City, at no cost or expense to the City, for public service messages. Public service messages shall be noncommercial in nature, and shall he for City- sponsored or supported events, activities, or services, including, but not limited to, fundraising, public service and public safety purposes_

3. 7 Relocation of Shelters.

At. the request of the City, Contractor shall relocate any New Shelter due to: ( 1) new construction; ( 2) the discovery that the Shelter is a safety concern, such as a traffic hazard or obstruction; ( 3) a change in bus routes by the OCTA; or ( 4) construction of new bikeways or other pathways. Contractor shall perform the relocation, as well as restore the site to its original condition, in accordance herewith at its sole cost and expense. The City shall negotiate in good faith a potential cost- sharing agreement if a relocation is caused solely by a circumstance within the City' s sole discretion and control. ' The relocation will he completed fifteen ( 15) calendar days after all approvals and permits have been issued by City. Contractor shall not place or locate shelters in any areas within the City' s , jurisdiction without prior written approval of the City Manager, or his or her designee, or without first obtaining an applicable encroachment permits.

3. 8 Termination.

The City may terminate this Agreement, in whole or in part, upon a material default by Contractor in its performance of this Agreement. City' s termination for breach shall in no way effect any right of the City to pursue any other remedy available to it under this Agreement or other provision of law.

3. 8. t Material Default. The following shall be determined to be a material default by Contractor: to) failure to perform its obligations in strict accordance with this Agreement; ( h) defaulting on any financing secured by a shelter or bench; ( c) financial insolvency or other inability to perform under this Agreement; (d) making or attempting to make any assignment or transfer of its rights under this Agreement in violation of this Agreement: ( e) jailing to provide or maintain in full force and effect the insurance coverage required by this Agreement; ( f) failing to provide or mainain in frill force and effect any permit. license or other approval necessary under this Agreement: ( g) any fraud or deceit upon the City or upon persons to whom Contractor provides advertising or bus shelter services, as determined by a court of law; or ( ht violating any order or ruling of any regulatory body having ] Wisdic.i. ion over Contractor relative to its bus shelter and bus bench business, except during such time that Contractor is contesting such order or ruling by appropriate proceedings conducted in good faith.

3. 82 Notice of ' Termination; Timing. If the City elects to terminate this Agreement for breach, the City shall provide Contractor written notice of termination.

Contractor shall have thirty ( 30) calendar days from receipt of such notice to cure the breach, or such longer time as may be set forth in the City' s notice, otherwise the Agreement shall he onANJotr.AMorkis\2s ', ii
7

considered terminated far breach on that date. Notwithstanding the foregoing, if the City determines, in its sole and absolute discretion, that the public health, safety or general welfare requires a shorter notification period, Contractor shall cure such breach in such time required by the City in order to avoid termination for breach. If this Agreement is terminated for breach, the City may supply the services hereunder with its own forces or may enter into a new agreement with another party.

3. 9 Obligations Following Termination or Expiration of Agreement

3. 9. 1 Ownership_ of Shelters. Contractor is the owner of the New Shelters during the term ofthis Agreement,
3, 9. 2 Removal of Shelters. Upon termination or expiration of this Agreement, as well as any other circumstance requiring removal of any or all shelters erected or maintained by Contractor hereunder, all materials shall be removed from the site, including without limitation, the shelter structures, advertising boxes, benches and wires. The site shall be restored to the condition as it existed prior to installation of the shelter, including complete restoration of any sidewalk ca other public or private property.

3. 9..3 Acquisition of Shelters by City. It requested by' the City, all shelters and other structures or improvements placed by Contractor under this Agreement, including without limitation, the shelter structures, advertising boxes, benches and wires, may be acquired by City upon termination or expiration of this Agreement, on terms mutually acceptable to. the City and Cotractor. If the City and Contractor are unable to agree upon such mutually acceptable terms within thirty ( 30) days following notice by either party to commence such discussions, Contractor shall remove the shelters, structures and other improvements in accordance with the teams tiereof.

3. 9. 4 Advertisers. Prior to the effective date of termination or expiration of this Agreement, Contractor shall give notice of termination to all its existing advertisers. Upon the effective date of termination or expiration of this Agreement, Contractor shall remove all advertising and, if applicable and upon request by City, assign all advertising contracts and revenues to the City upon the terms and conditions mutually agreed upon by the parties.

3. 11) Insurance.

3. 10. ! Time for Compliance. Contractor shall not commence work under this Agreernera until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section, including adding the City as an additional insured.

3. 10. 2 Minimum Requirements. Contractor shall. at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages tci property which may arise from the acts or omissions of the Contractoa its agents, representatives, employees or subcontractors. Contractor shall also require all of its f iR ASC ioA M1)( aaa5' 25 322
8

subcontractors to procure and maintain the same insurance for the duration of the Agreement.

Such insurance shall meet at least the following minimum levels of coverage:

Al Minimum Scope of Insurance, Coverage shall be at least as broad as: 11) General Liability: insurance Services Office Commercial General Liability coverage ( occurrence form CC 00(11); ( 2) Automobile Liability: Insurance Services Office Business Auto Coverage Lim number CA 0001, code 1 ( any auto), and ( 3) Workers' Compensation and Employer' s Liability: Workers' Compensation insurance as required by the State of California and Employer' s Liability Insurance.

B) Mintmittn Limits of insurance, Contractor shall maintain limits no less than: ( I) General 1_rability. 51, 000, 000 per occurrence for bodily injury, personal injury, property damage and completed operations. If Commercial General Liability Insurance or other form woh general aggregate limit is used including, but not limited to form CC 2503, either the general aggregate Limit shall apply separately to this Agreement/ location or the general aggregate limit shall be twice the required occurrence limit; ( 2) Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage; and ( 3) Workers' Compensation and Employer' s Liability: Workers' Compensation limits as required by the Labor Code of the State of California, Employer' s Liability limits of$ 1, 000, 000 per accident for bodily injury or disease.

3. 10. 3 Insurance Endorsements. the 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:

A) General Liability. The general liability policy shall be endorsed to state that: ( f} the City, its directors, officials, officers, employees, agents, and volunteers shall he covered as additional insured with respect to the acts or omissions of Contractor, its officials, officers, employees, agents, consultants and contractors regarding the work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and ( 2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, . gents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor' s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor' s insurance and shall not be called upon to contribute with it in any way with respect to the liabilities assumed by Contractor under this Agreement.
13) Automobile Liability. 'T' he automobile liability policy shall be endorsed to state that: ( I ) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use. loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and ( 2) the insurance coverage shall be primary insurance as respects the City, its directors. officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor' s scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, ortANCiEVAvtosutst253' 2 N
9

officers, employees, agents, and volunteers shall be excess of the Contractor' s insurance and shall not he called upon to contribute with it in any way with respect to such autos. it Workers Compensation and bnplpy .t s i i ability (' overate The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.

Ii) All Coverages, Each insurance policy required by this Agreement shall he endorsed to state that: ( A) coverage shall not be suspended, voided, reduced or canceled except after thirty ( 30) days prior written notice has been given to the City; and ( 13) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shrill not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

3. 10, 4 Separation of insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

3. 10. 5 Self Insurance Retentions. Any self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City. either: ( I) the insurer shall. reduce or eliminate such self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or ( 2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3. I0. 6 Acceptability of Insurers. insurance is to be placed with insurers with a current A. M. Best' s rating no less than A: VII, licensed and admitted to do business in California. and satisfactory to the City.
110. 7 Verification of Coverage Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall he on forms provided by the City if requested All certificates and endorsements must he received and approved by the City before work commences.

3. 10. 5 Reporting of Claims. Contractor shall report to the City, in . addition to Contractor' s insurer, any and all insurance claims submitted by Contractor in connection with the work or services under this Agreement wherein claims have been made against City or City has been nanied.

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3. 11 Miscellaneous Provisions.

3. 11. 1
fity largo. City shall supply Contractor with a City logo if the City wishes to affix its logo to the New Shelters. I' he City logo shall he configured such that it may he installed on the New Shelter roof fascia. Contractor will install the City logo at its sole cost and expense. City shall he responsible for the repair and maintenance of the logo beyond the regular cleaning associated with the New Shelter maintenance.

3. 11. 2
Independent Contractor. Contractor is an independent contractor and not an employee of the City. All constnietion and maintenance personnel shall he employees of Contractor and not employees of City. Contractor shall pay all salaries and wages of such personnel, employer' s social security taxes, unemployment insurance and similar taxes relating to employees, and shall be responsible for all applicable withholding taxes.

3. 11. 3 Representatives and Notices. The City Manager shall he the representative of the City for purposes of this Agreement, and may issue all consents, approvals, and directives on behalf of City called for by this Agreement, except amendments to this Agreement or except as otherwise expressly provided in this Agreement. The Director of Public Affairs of Contractor' s Southern California Division, who is presently Layne Utwson, shall be the sole representative of Contractor for purposes of this Agreement, and may enter into any subordinate Agreements with City pursuant to this Agreement on behalf of Contractor, Notices and written. communications sent by one party to the other shall he personally delivered or sent by U. S. Mail, postage prepaid, to the following addresses:

CONTRACTOR:

Clear Channel Outdoor
Ann: Layne Lawson, Director of Public Affairs
Southern California Division
19320 Harhorgate Way
Los Angeles. CA 90501
try:

City of Los Alamitos
Attn: City Manager
3191 Katella Avenue
Los Alamitos, CA 90720
Actual notice shall he deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3. 11. 4 Asienruent or Transfer. Contractor shall not assign, hypothecate or transfer this Agreement or any interest herein, either directly or by operation of law, without the prior written consent of City, which consent shall not he unreasonably withheld, conditioned or delayed. Any attempt to do so shall be null and void, and any assignees, hypothecates or c RAALi AM0RRtS s ' ii la
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