Los Alamitos City Council
June 24, 2024

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

BIDDER'S NAME: DATE , 20 .

BIDDER'S ADDRESS: BY
(Print Name)
(Signature)
PHONE: ( ) TITLE

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

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

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

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

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

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

Phone No. Email:

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

Phone No. Email:

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

Phone No. Email:

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

Phone No. Email:

Percent of Total Contract
Specific Scope of Work

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BIDDER'S NAME

REFERENCES

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

Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work

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

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

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

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

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

Name Title

Name Title
Name Title
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
__________________________________ __________________________________ Name of President of Corp./ Company Name of Secretary of Corp./ Company

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CITY OF LOS ALAMITOS

PROPOSAL BID SCHEDULE
FOR

LAUREL PARK TENNIS COURT FENCE REPLACEMENT PROJECT

BASE BID ITEMS
Item Description
Est.

Quantity Units
Unit
Price
Total
Cost
1 BASE SERVICES: Furnish and
install chain-link fence and
windscreen per the project scope
including installing new chain-link
fencing, disposal of old chain-link
fence, windscreen all around the
court, painting current 12 foot
poles vinyl black, installing new
top, middle, and bottom vinyl black
rails with all hardware, and
providing all submittals included in
the project scope. New fencing
and any crossbars will be vinyl
black and 10 foot windscreen will
be black with 85% blockage. City
logos printed on two sides
surrounding the courts. Install two
pedestrian gates between courts
two and three.
1 LUMP
SUM
BASE BID SUBTOTAL IN FIGURES:

$____________________________________

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TOTAL BASE BID AMOUNT FOR BID ITEM 1 SHALL BE USED IN DETERMINING THE LOWEST BID AMOUNT RECEIVED.

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

DOLLARS
.

AND CENTS.

NOTE: THE LOWEST BIDDER SHALL BE DETERMINED BY THE LOWEST BID AMOUNT FOR THE BASE BID ITEMS (BID ITEMS NO. 1) WITHOUT CONSIDERATION OF ANY AMOUNT FOR THE ADDITIVE ALTERNATE BID (BID ITEMS NO. 1). THE CITY, AT ITS

DISCRETION, HAS THE OPTION TO AWARD A CONTRACT WHICH INCLUDES THE ADDITIVE ALTERNATE BID.

NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE USED ONLY AS COMPARISON OF BIDS. PAYMENT FOR QUANTITIES WILL BE MADE FOR ACTUAL MATERIALS USED ON THE JOB. THE CITY RESERVES THE RIGHT TO

INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ALL OR ANY ITEM FROM THE CONTRACT. IF THERE IS A CONFLICT BETWEEN THE UNIT PRICE PROVIDED AND TOTAL COST, THE UNIT PRICE SHALL PREVAIL. IF THERE IS A CONFLICT BETWEEN THE “TOTAL BASE BID AMOUNT FIGURES” AND THE “TOTAL BASE BID AMOUNT IN WORDS”, THE “TOTAL BASE BID AMOUNT IN WORDS” SHALL PREVAIL.

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BIDDER'S NAME

NON-COLLUSION AFFIDAVIT TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )
) SS

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ______________________ [city], ______ [state].”
Signed
Title

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PUBLIC WORKS AGREEMENT
[Contractor]
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into, to be effective this XXth day of MONTH 2024 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and company, a 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 complete the Laurel Park Tennis Court Fence Replacement Project (“Project”).

B. In response to City’s Request for Proposals No. 2024-02 (RFP), dated April 15, 2024, Contractor submitted to City a written bid, dated DATE, 2024 (“Contractor’s Bid”).

C. City desires to engage the Contractor to provide Project 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. GENERAL SCOPE OF WORK. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Project in the City (the “Work”).

The Work to be performed in accordance with the Contract Documents with bid prices hereinafter mentioned and in accordance with the instructions of the City’s Project Manager, who is Steve Kim, Recreation Supervisor, (562) 430-1073 x515.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY/PRIORITY OF DOCUMENTS. The Plans are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Project plans and specifications if any (“Plans”), Contractor’s Bid together with this Agreement shall constitute the entire agreement between the Parties. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in this Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the following order of precedence shall apply: (1) this Agreement; (2) the Plans; and (3) Contractor's Bid (collectively, the “Contract Documents”).

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3. COMPENSATION. Contractor agrees to receive and accept the prices set forth in its Contractor’s Bid as full compensation for furnishing all materials, performing all Work, and fulfilling all obligations hereunder. Said compensation in the amount of Dollars ($XX.00) 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 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. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3.

4. TERM OF AGREEMENT. The term of this project runs until successful completion and acceptance of the work, or one year, whichever is sooner, unless extended by the parties.

5. INSURANCE. Contractor shall not commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any sub-contractor to commence work on his sub-contract until all insurance required of the sub-contractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through sub-contractors in carrying out the work specified herein, in accordance with the laws of the State of California.

Such insurance shall be maintained in full force and effect during the period covered by this contract.

In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees. The Contractor, prior to commencing work, shall sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract."
b. For all operations of the Contractor or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage:

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1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile - $2,000,000 per accident for bodily injury and property damage.
3) Employer's Liability - $1,000,000 per accident for bodily injury or disease.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Los Alamitos, its officers, agents and employees, and any other parties specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage."
5) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any sub-contractor in performing the work provided for herein;
6) Otherwise be in form satisfactory to the City.
d. The Contractor shall, prior to performing any work under this Agreement, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance

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of such insurance, and the additional insured and other provisions required herein.

6. PREVAILING WAGE. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California, and are available to any interested party on request. Contractor shall cause a copy of such determinations to be posted at the job site.

Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any sub-contractor under him.

Contractor and any of its sub-contractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015 to a person not registered. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7. APPRENTICESHIP EMPLOYMENT. In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work.

Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other Contractors on the public works site are making such contributions.

Contractor and any sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

8. LEGAL HOURS OF WORK. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Agreement, and the Contractor and any sub-contractor under him shall comply with and be governed by the laws of the State of California

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having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub-contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.

9. TRAVEL AND SUBSISTENCE PAY. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

10. CONTRACTOR'S LIABILITY. The City and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of Contractor, of its sub-contractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

Contractor will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of Contractor, its agents, employees, sub-contractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom.

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City

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provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

11. NON-DISCRIMINATION. Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color, sex, mental disability, physical disability, religion or other reason set forth in Government Code § 12940 of such person. Contractor agrees to post in conspicuous places available to employees and applications, a notice setting forth provisions of this non-discrimination clause. A violation of this section exposes the Contractor to the penalties provided for in Labor Code Section 1735.

12. PRESENTATION OF CLAIMS. Any claim, as that term is defined in Public Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim.

The claim shall be processed as more fully set forth in the Plans and Specifications.

13. TERMINATION. This Agreement may be terminated by the City for any reason upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in the notice. Upon receipt of such notice, Contractor shall immediately cease work, unless otherwise directed by the Notice of Termination. In the event of such termination, Contractor shall be paid for services satisfactorily rendered and expenses reasonably and necessarily incurred prior to the effective date of termination, unless the Notice of Termination is issued for cause, in which event the City may withhold any disputed compensation.

Contractor shall not be entitled to any claim for lost profits.

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State of California
Contractor’s License No.

Contractor’s Business Phone:

Contractor’s Business Email:

Contractor’s emergency phone which can be reached at any time:

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

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

By:_______________________________
Windmera Quintanar, CMC
City Clerk
“Contractor”
Company Name
By:_______________________________

By:_______________________________

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 24, 2024 ITEM NUMBER: 11K
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid for the Laurel Park Tennis Court Resurfacing Project (RFP No. 2024-03)

SUMMARY
This item recommends awarding a bid to Trueline Construction & Surfacing, Inc. to begin the Laurel Park Tennis Court Resurfacing Project (RFP No. 2024-03) in the amount of $188,338.40.

RECOMMENDATION

1. Award of contract for the Laurel Park Tennis Court Resurfacing Project (RFP No. 2024-03) in the amount of $188,338.40 to Trueline Construction & Surfacing, Inc.; and,

2. Authorize the Mayor to execute the contract with Trueline Construction & Surfacing, Inc. for the project.

BACKGROUND
The Laurel Park Tennis Courts provides various tennis programs and opportunities for reservations to the general public. Throughout the week, the courts are heavily used for tennis classes, summer tennis camps, and resident reservations. The current tennis court surface shows signs of usage and cracks in the concrete. Maintenance to the tennis courts have not been done in over 10 years. With the rise in pickleball, this opportunity would allow the City to convert one tennis court to two brand new pickleball courts. The new benches and City approved paint scheme would also bring a new look to the tennis courts to enhance the playing experience.

DISCUSSION
Notices announcing the solicitation of bids for this project were posted in the local publication, the News-Enterprise. Bids for the project were publicly opened on April 17, 2024 at 11:30 a.m.

From the two (2) total bids received, it was determined that the most qualified bid submitted was from Trueline Construction & Surfacing, Inc., with a total bid amount of $188,338.40. The bid results are provided below:
3M Construction Corporation - $127,930.00
Trueline Construction & Surfacing, Inc. - $188,338.40
Average - $158,134.20

The following represents an approximate timeline for the completion of the project, which consists of resurfacing tennis courts and the implementation of new pickleball courts:

June 24, 2024 - Award of Contract
August 1, 2024 - Start of construction
February 1, 2025 - End of construction

FISCAL IMPACT
This project is part of the Council-approved FY 23-24 Capital Improvement Project list. The project budget was bid at $188,338.40 and funding will be expended out of Account No. 10- 570-5501-2404.

Attachment: 1. Trueline Construction & Surfacing, Inc. Agreement (Laurel Park Tennis Court Resurfacing)

2. Trueline Construction & Surfacing, Inc. Bid Submission

3. RFP No. 2024-03 - Laurel Park Tennis Court Resurfacing Project

1 LAUREL PARK TENNIS COURT RESURFACING AGREEMENT
TRUELINE CONSTRUCTION & SURFACING, INC.

THIS AGREEMENT FOR LAUREL PARK TENNIS COURT RESURFACING PROJECT (“Agreement”) is made and entered into, to be effective this 1ST day of July 2024 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and Trueline Construction & Surfacing, Inc., a California Corporation, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that it requires the services of a qualified contractor to provide resurfacing services for Laurel Park tennis court.

B. In response to City’s formal Request for Proposals No. 2024-03 (RFP), dated April 2024, Contractor has submitted to City a written proposal, dated May 7, 2024, to provide the desired tennis court resurfacing services.

D. City desires to engage Contractor to provide such tennis court resurfacing 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 Laurel Park Tennis Court Resurfacing Project Proposal, dated May 7, 2024, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement.

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

1.1.1 Contract Documents. This Agreement shall consist of the following: (1) the main body of this Agreement; (2) RFP No. 2024-03, dated April 2024; 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

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

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

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

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

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

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

3 2. COMPENSATION

2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed One Hundred Eighty Eight Thousand Three Hundred Thirty Eight Dollars and Forty Cents ($188,338.40). The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

2.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within forty-five (45) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.

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

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

3. SCHEDULE OF PERFORMANCE

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

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

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

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

3.4 Term. The term of the Agreement runs until successful completion and acceptance of the work, or one year, whichever is sooner, unless extended by the parties.

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

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

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

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

5 for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.

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

4.4 Independent Contractor.

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

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

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

4.4.3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or 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,

6 employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

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

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

5. INSURANCE

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

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

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

The policy shall not contain any endorsements or provisions limiting coverage for (1) contractual

7 liability, (2) cross liability exclusion for claims or suits by one insured against another, or (3) contain any other exclusion contrary to the Agreement.

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

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

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

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

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:

8 5.4.1.1 Additional Insured. The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and

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

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

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

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

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

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

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

9 5.6.2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.

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

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

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

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

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

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

10 5.10.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

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

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

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

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

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

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

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

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

The Contractor’s indemnification obligation shall survive termination of this Agreement.

7. REPORTS AND RECORDS

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

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

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

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

8. ENFORCEMENT OF AGREEMENT

12 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

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

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

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

8.6 Termination for Default of Contractor.

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

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding

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

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

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

14 10. MISCELLANEOUS PROVISIONS

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

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

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

Michael S. Daudt, City Attorney
Woodruff & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Contractor: Janet Bangs, Vice President
Trueline Construction & Surfacing, Inc.
12397 Doherty Street
Riverside, CA 92503
[email protected]

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

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

10.4 Successors in Interest. This Agreement shall be binding upon and inure to the

15 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. The City has determined that the Project Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.

Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the 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 elected and appointed 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. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:

10.7.1. 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 the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.

10.7.2 Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.

10.7.3 Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.

10.7.4 Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contractor shall post job site notices as prescribed by DIR regulations and furnish the records

16 specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

10.7.5 Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

10.7.6 Contractor shall comply with the provisions of California 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 itself and all of its subcontractors.

10.7.7 Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)

10.7.8 Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
“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 Agreement.”

10.7.9 Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform

17 any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

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

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

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

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
Trueline Construction & Surfacing, Inc.

By:_______________________________
Ed Kruse
President
By:_______________________________
Janet Bangs
Vice President

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i

CITY OF LOS ALAMITOS

CALIFORNIA

REQUEST FOR BIDS

LAUREL PARK TENNIS COURT RESURFACING PROJECT
PROJECT NO. 2024-03

PREPARED FOR

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

PREPARED BY

STEVE KIM
3191 KATELLA AVE.

LOS ALAMITOS, CA 90720
APRIL 2024

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CITY OF LOS ALAMITOS

TABLE OF CONTENTS
FOR

LAUREL PARK TENNIS COURT RESURFACING PROJECT
NOTICE OF REQUEST FOR PROPOSAL ...........................................................................NB-1 INSTRUCTIONS TO BIDDERS ............................................................................................. IB-1

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

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

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NOTICE OF REQUEST FOR PROPOSALS 2024-03
FOR

LAUREL PARK TENNIS COURT RESURFACING PROJECT
NOTICE IS HEREBY GIVEN that the City of Los Alamitos, as City, is seeking proposals from qualified firms to provide services for the LAUREL PARK TENNIS COURT RESURFACING PROJECT (“Project”). Proposals will be received electronically through BidNet Direct (http://cityoflosalamitos.org/517/Bid-Opportunities).

Submission Deadline: Proposals are due no later than 5:30 P.M. (Pacific Standard Time) on May 9, 2024.

DESCRIPTION OF THE WORK: In general, the work is comprised of public works construction including removal of old surface, patching cracks & spalls, install new surfacing, installation of (?) pickleball courts, painting cityaproved tennis and pickleball court lines, 50-foot long black vinyl chain-link fence 3 feet in height with posts and hardware, purchase and install (6) city-approved cabana benches, caulking around the courts and other miscellaneous improvements as shown on the plans and as required to complete the work.

OBTAINING A COPY OF THE RFP: A copy of the RFP is available through BidNet Direct (BidNet) online platform. The website address is: http://cityoflosalamitos.org/517/Bid-Opportunities.

SUBMITTAL OF PROPOSAL: Proposals must be prepared on the approved forms in conformance with INSTRUCTION TO BIDDERS and must be submitted electronically on BidNet , accessible through the City’s webpage at http://cityoflosalamitos.org/517/Bid-Opportunities where each prospective bidder must first register as a vendor through the City’s BidNet portal. Contract documents, plans, and specifications if applicable will be available for review on BidNet.

OPTIONAL PRE-PROPOSAL MEETING: There will be an Optional Pre-Proposal site visit on April 30, 2024 at 9:00 a.m. at Laurel Park at 10862 Bloomfield Street, Los Alamitos.

AWARD OF CONTRACT: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder, and reject all other bids, as it may best serve the interest of the City. Within five (5) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement and Insurance. Within ten (10) working days after the date of the Notice of Award, the successful bidder will be required to submit Construction Schedule.

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

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

REGISTRATION WITH DIR: Pursuant to Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in performance of any contract for public work, unless currently registered and qualified to perform public work unless registered with the Department of Industrial Relations.

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Contact: Questions or Requests for Information (RFIs) or interpretations are due on April 29, 2024 and shall be submitted on BidNet portal. Please contact Steve Kim at [email protected] should you have questions about this procedure.

Dated this 15 day of April, 2024. City of Los Alamitos, California Published: News Enterprise Steve Kim, Recreation Supervisor April 24, 2024 3191 Katella Avenue
Los Alamitos, CA 90720

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CITY OF LOS ALAMITOS

INSTRUCTIONS TO BIDDERS
FOR

LAUREL PARK TENNIS COURT RESURFACING PROJECT

1. BACKGROUND
The City of Los Alamitos (City) is soliciting proposals from qualified professional to resurface the courts, patch cracks & spalls, paint court lines, install pickleball courts, install a divider fence with all hardware and purchase and install cabana benches at the Laurel Park tennis courts. The Laurel Park Tennis Courts provides various programs and opportunities for reservations to the general public. Throughout the week, the courts are heavily used for classes, camps, and reservations. The current tennis court surface is over 10 years old and is showing signs of degradation from the elements. A new tennis court surface and pickleball courts would give the courts a new look, increased visual appeal, and provide space for a new program. The new surface will help players of both sports maintain traction and reduce the risk of injury. The new practices areas will enhance the experience of all participants at the courts.

The purpose of this RFP is to provide the City with the best possible tennis and pickleball courts and amenities at a level expected by the City’s residents, City Council, City Staff, and visitors to the community. The selected contractor will work closely with City staff to ensure accurate installation and color scheme.

2. RFP TIMELINE
The schedule of key milestones related to the Tennis Court Resurfacing is as follows:
• Proposal Release Date April 16, 2024
• Optional Pre-Bid Site Visit April 30, 2024, 9:00AM
• Last Day for Questions April 29, 2024
• Proposal Submittal Due Date May 9, 2024, 5:30PM
• Council Award of Contract June 17, 2024

3. RFP AND RELEVANT MATERIALS AVAILABILITY & ELECTRONIC BIDDING PORTAL A copy of the RFP and other Bid Document are available through BidNet Direct (BidNet) online platform. The website address is: http://cityoflosalamitos.org/517/Bid-Opportunities.

All relevant materials shall be obtained from BidNet.

4. INTERPRETATION OF CONTRACT DOCUMENTS
No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Requests for an interpretation shall be submitted on BidNet portal by April 29, 2024. Interpretations by the City will be in the form of addenda to the contract documents and, when issued, will be sent as promptly as is practical to all parties that have registered with the City by way of BidNet portal on a particular project. It is the responsibility of all perspective Respondents to register on the City’s BidNet portal (http://cityoflosalamitos.org/517/BidPage 510 of 628 IB-2
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Opportunities) to ensure receipt of any addendum(a) prior to proposal submittals.

Additionally, plans, specifications, bid document, addendum(a), questions and answers, forms to complete, supplements to construction documents or specifications will be available on the City’s BidNet Portal. City makes no guarantee that all Respondents will receive all addenda.

All such addenda shall become part of the contract.

5. PROPOSAL FORMS
Proposals must be prepared on the approved forms in conformance with INSTRUCTION TO BIDDERS and must be submitted electronically on BidNet , accessible through the City’s webpage at http://cityoflosalamitos.org/517/Bid-Opportunities where each prospective Respondent must first register as a vendor through the City’s BidNet portal. Contract documents, plans, and specifications if applicable will be available for review on BidNet.

Successful proposals must include:
• Bid Proposal -Attachment A
• Bid Schedule -Attachment B
• Non-Collusion Affidavit -Attachment C
Proposals must fully address all areas requested, contain complete technical submittals, references, and data to verify qualifications and experience and include a statement that the City contract can be executed. Proposals without complete submittal data will be considered non-responsive. As part of the technical proposal, Contractors must evaluate the City’s proposal terms and conditions.

Respondents shall respond to the final written RFP and any exhibits, attachments and amendments.

All Respondents shall verify if any addendum for this project has been issued by the City. It is the Respondent’s responsibility to ensure that all requirements of contract addendum are included in the Respondent’s submittal.

Respondents are required to submit (upload) all items on BidNet. Proposals will be received up to the hour of 5:30 p.m., on the 9th of May, 2024.

A proposal received after the time set for the proposal opening shall not be considered.

The City is not responsible for and accepts no liability in the event a response is late due to any network, internet or any other technical problem or interruption. The Respondent is solely responsible for “on time” submission of their electronic proposal. The City will only consider proposals that have been transmitted successfully and have been issued an e-bid confirmation number. Respondents experiencing any technical difficulties with the proposal submission process may contact BidNet at 1-800-835-4603.

6. NON-COLLUSION AFFIDAVIT
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the CITY is personally

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interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

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

8. WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn from BidNet by the Respondent. Withdrawal must be made prior to the bid opening hour stipulated. Proposals may not be withdrawn after that time without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the Respondent to submit a new proposal, providing there is time to do so.

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

10. REJECTION OF PROPOSALS
The City reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required; in which unit prices are unbalanced in the opinion of the City; which are accompanied by insufficient or irregular bid security; or which are from Respondents who have previously failed to perform properly or to timely complete contracts of any nature. Waiver of one irregularity does not constitute waiver of any other irregularities. Overall responsiveness to the RFP is an important factor in the review process.

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

12. DISQUALIFICATION OF BIDDERS

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If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor.

13. INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he or she may submit to the City Engineer a written request for an interpretation or correction thereof five (5) working days prior to the scheduled bid opening. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City Engineer will not be responsible for any other explanation or interpretations of the proposed documents.

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

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

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

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

16. CITY BUSINESS LICENSE
Contractor must obtain a City business license prior to commencement of any work.

17. AWARD OF CONTRACT
Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsive-responsible bidder as determined solely by the CITY. At the time of contract award, the successful bidder shall hold a Contractor’s License as required to perform the work, issued by the State of California and a business license in the City of Los Alamitos. Additionally, the CITY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the CITY. In

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no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.

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

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

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

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

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

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

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

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will not under any circumstances be considered as the basis of a claim against the CITY on the Contract.

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

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

In accordance with this section and with Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to CITY along with the other required Contract Documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

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

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

21. SUBLETTING AND SUBCONTRACTING.

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

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$10,000, whichever is greater, the bidder agrees that it is fully qualified to perform that portion of work itself, and that the bidder shall perform that portion of work itself. If after award of the contract, the bidder actually subcontracts that portion of work, except as provided in Public Contract Code Section 4107 or 4109, the bidder shall be subject to the penalties listed in Section 4111 of the Public Contract Code. It is the CITY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.

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

At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the CITY, with a State or Federally chartered bank as the escrow agent or require the City to deposit 5% of each progress payment with the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the CITY, pursuant to the construction contract. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention.

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

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

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

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BIDDER'S NAME

CITY OF LOS ALAMITOS

PROPOSAL
FOR

LAUREL PARK TENNIS COURT RESURFACING PROJECT
TO CITY OF LOS ALAMITOS, as CITY:

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

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

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

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

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

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

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

Trueline Construction & Surfacing, Inc.

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

BIDDER'S NAME: DATE , 20 .

BIDDER'S ADDRESS: BY
(Print Name)
(Signature)
PHONE: ( ) TITLE
Trueline Construction & Surfacing, Inc. May 7, 2024
12397 Doherty Street, Riverside, CA 92503
Janet Bangs
951-817-0777 Vice President

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

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

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

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

Trueline Construction & Surfacing, Inc.
12397 Doherty Street, Riverside, CA 92503
[email protected] 951-817-0777
662625, A & C32
2/28/1989 2/28/2026
Janet Bangs, Vice President
Ed Kruse, President
n/a
n/a

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

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

Phone No. Email:

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

Phone No. Email:

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

Phone No. Email:

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

Phone No. Email:

Percent of Total Contract
Specific Scope of Work
Trueline Construction & Surfacing, Inc.
none

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BIDDER'S NAME

REFERENCES

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

Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work

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

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

Trueline Construction & Surfacing, Inc.

City of Rosemead
8838 E. Valley Blvd, Rosemead, CA 91770
909-595-8599 Leonardo Martinez
Resurface Tennis Courts
City of Fontana
16489 Orange Way, Fontana, CA 92335
909 428 8811 ryan Rosebeary
Resurface Tennis and Basketball Courts at various parks City of Commerce
2535 Commerce Way, Commerce, CA 90040
909 595 8599 Craig Wheeler
Build 2 Basketball Courts and Resurface 5 Courts
HCC Surety
HCC Surety, 625 The City Drive South, Irvine, CA 92868
714-740-7000

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

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

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

Name Title

Name Title
Name Title
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
__________________________________ __________________________________ Name of President of Corp./ Company Name of Secretary of Corp./ Company 662625
1000006579
Trueline Construction & Surfacing, Inc.
12397 Doherty Street, Riverside, CA 92503
California
Ed Kruse Janet Bangs

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CITY OF LOS ALAMITOS

PROPOSAL BID SCHEDULE
FOR

LAUREL PARK TENNIS COURT RESURFACING PROJECT

BASE BID ITEMS
Item Description
Est.

Quantity Units
Unit
Price
Total
Cost
1 BASE SERVICES: Furnish and
install tennis and pickleball court
surface, remove current tennis
court surface, repair cracks and
spalls, paint new court lines with
city-approved color scheme, install
50-foor long black vinyl fencing in
between pickleball court at 3 foot
in height with all hardware,
purchase and install (6) cityapproved cabana benches,
replace caulking all around the
courts,
1 LUMP
SUM
BASE BID SUBTOTAL IN FIGURES:

$____________________________________
TOTAL BASE BID AMOUNT FOR BID ITEM 1 SHALL BE USED IN DETERMINING THE LOWEST BID AMOUNT RECEIVED.

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

DOLLARS
.

AND CENTS.
188,338.40 188,338.40
188,338.40
188,338.40
One hundred eighty eight thousand, three hundred thirty eight dollars Forty

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NOTE: THE LOWEST BIDDER SHALL BE DETERMINED BY THE LOWEST BID AMOUNT FOR THE BASE BID ITEMS (BID ITEMS NO. 1) WITHOUT CONSIDERATION OF ANY AMOUNT FOR THE ADDITIVE ALTERNATE BID (BID ITEMS NO. 1). THE CITY, AT ITS

DISCRETION, HAS THE OPTION TO AWARD A CONTRACT WHICH INCLUDES THE ADDITIVE ALTERNATE BID.

NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE USED ONLY AS COMPARISON OF BIDS. PAYMENT FOR QUANTITIES WILL BE MADE FOR ACTUAL MATERIALS USED ON THE JOB. THE CITY RESERVES THE RIGHT TO

INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ALL OR ANY ITEM FROM THE CONTRACT. IF THERE IS A CONFLICT BETWEEN THE UNIT PRICE PROVIDED AND TOTAL COST, THE UNIT PRICE SHALL PREVAIL. IF THERE IS A CONFLICT BETWEEN THE “TOTAL BASE BID AMOUNT FIGURES” AND THE “TOTAL BASE BID AMOUNT IN WORDS”, THE “TOTAL BASE BID AMOUNT IN WORDS” SHALL PREVAIL.

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BIDDER'S NAME

NON-COLLUSION AFFIDAVIT TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )
) SS

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ______________________ [city], ______ [state].”
Signed
Title
Trueline Construction & Surfacing, Inc.
8th
Riverside California
Vice President

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1772924.1

PUBLIC WORKS AGREEMENT
[Contractor]
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into, to be effective this XXth day of MONTH 2024 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and company, a 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 complete the Laurel Park Tennis Court Resurfacing Project (“Project”).

B. In response to City’s Request for Proposals No. 2024-03 (RFP), dated April 15, 2024, Contractor submitted to City a written bid, dated DATE, 2024 (“Contractor’s Bid”).

C. City desires to engage the Contractor to provide Project 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. GENERAL SCOPE OF WORK. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Project in the City (the “Work”).

The Work to be performed in accordance with the Contract Documents with bid prices hereinafter mentioned and in accordance with the instructions of the City’s Project Manager, who is Steve Kim, Recreation Supervisor, (562) 430-1073 x515.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY/PRIORITY OF DOCUMENTS. The Plans are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Project plans and specifications if any (“Plans”), Contractor’s Bid together with this Agreement shall constitute the entire agreement between the Parties. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in this Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the following order of precedence shall apply: (1) this Agreement; (2) the Plans; and (3) Contractor's Bid (collectively, the “Contract Documents”).

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3. COMPENSATION. Contractor agrees to receive and accept the prices set forth in its Contractor’s Bid as full compensation for furnishing all materials, performing all Work, and fulfilling all obligations hereunder. Said compensation in the amount of Dollars ($XX.00) 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 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. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3.

4. TERM OF AGREEMENT. The term of the project runs until successful completion and acceptance of the work, or one year, whichever is sooner, unless extended by the parties.

5. INSURANCE. Contractor shall not commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any sub-contractor to commence work on his sub-contract until all insurance required of the sub-contractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through sub-contractors in carrying out the work specified herein, in accordance with the laws of the State of California.

Such insurance shall be maintained in full force and effect during the period covered by this contract.

In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees. The Contractor, prior to commencing work, shall sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract."
b. For all operations of the Contractor or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage:

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1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile - $2,000,000 per accident for bodily injury and property damage.
3) Employer's Liability - $1,000,000 per accident for bodily injury or disease.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Los Alamitos, its officers, agents and employees, and any other parties specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage."
5) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any sub-contractor in performing the work provided for herein;
6) Otherwise be in form satisfactory to the City.
d. The Contractor shall, prior to performing any work under this Agreement, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance

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of such insurance, and the additional insured and other provisions required herein.

6. PREVAILING WAGE. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California, and are available to any interested party on request. Contractor shall cause a copy of such determinations to be posted at the job site.

Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any sub-contractor under him.

Contractor and any of its sub-contractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015 to a person not registered. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7. APPRENTICESHIP EMPLOYMENT. In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work.

Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other Contractors on the public works site are making such contributions.

Contractor and any sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

8. LEGAL HOURS OF WORK. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Agreement, and the Contractor and any sub-contractor under him shall comply with and be governed by the laws of the State of California

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having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub-contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.

9. TRAVEL AND SUBSISTENCE PAY. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

10. CONTRACTOR'S LIABILITY. The City and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of Contractor, of its sub-contractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

Contractor will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of Contractor, its agents, employees, sub-contractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom.

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City

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provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

11. NON-DISCRIMINATION. Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color, sex, mental disability, physical disability, religion or other reason set forth in Government Code § 12940 of such person. Contractor agrees to post in conspicuous places available to employees and applications, a notice setting forth provisions of this non-discrimination clause. A violation of this section exposes the Contractor to the penalties provided for in Labor Code Section 1735.

12. PRESENTATION OF CLAIMS. Any claim, as that term is defined in Public Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim.

The claim shall be processed as more fully set forth in the Plans and Specifications.

13. TERMINATION. This Agreement may be terminated by the City for any reason upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in the notice. Upon receipt of such notice, Contractor shall immediately cease work, unless otherwise directed by the Notice of Termination. In the event of such termination, Contractor shall be paid for services satisfactorily rendered and expenses reasonably and necessarily incurred prior to the effective date of termination, unless the Notice of Termination is issued for cause, in which event the City may withhold any disputed compensation.

Contractor shall not be entitled to any claim for lost profits.

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State of California
Contractor’s License No.

Contractor’s Business Phone:

Contractor’s Business Email:

Contractor’s emergency phone which can be reached at any time:

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

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

By:_______________________________
Windmera Quintanar, CMC
City Clerk
“Contractor”
Company Name
By:_______________________________

By:_______________________________

1772924.1
i

CITY OF LOS ALAMITOS

CALIFORNIA

REQUEST FOR BIDS

LAUREL PARK TENNIS COURT RESURFACING PROJECT
PROJECT NO. 2024-03

PREPARED FOR

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

PREPARED BY

STEVE KIM
3191 KATELLA AVE.

LOS ALAMITOS, CA 90720
APRIL 2024

1772924.1
ii

CITY OF LOS ALAMITOS

TABLE OF CONTENTS
FOR

LAUREL PARK TENNIS COURT RESURFACING PROJECT
NOTICE OF REQUEST FOR PROPOSAL ...........................................................................NB-1 INSTRUCTIONS TO BIDDERS ............................................................................................. IB-1

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

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

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NOTICE OF REQUEST FOR PROPOSALS 2024-03
FOR

LAUREL PARK TENNIS COURT RESURFACING PROJECT
NOTICE IS HEREBY GIVEN that the City of Los Alamitos, as City, is seeking proposals from qualified firms to provide services for the LAUREL PARK TENNIS COURT RESURFACING PROJECT (“Project”). Proposals will be received electronically through BidNet Direct (http://cityoflosalamitos.org/517/Bid-Opportunities).

Submission Deadline: Proposals are due no later than 5:30 P.M. (Pacific Standard Time) on May 9, 2024.

DESCRIPTION OF THE WORK: In general, the work is comprised of public works construction including removal of old surface, patching cracks & spalls, install new surfacing, installation of (?) pickleball courts, painting cityaproved tennis and pickleball court lines, 50-foot long black vinyl chain-link fence 3 feet in height with posts and hardware, purchase and install (6) city-approved cabana benches, caulking around the courts and other miscellaneous improvements as shown on the plans and as required to complete the work.

OBTAINING A COPY OF THE RFP: A copy of the RFP is available through BidNet Direct (BidNet) online platform. The website address is: http://cityoflosalamitos.org/517/Bid-Opportunities.

SUBMITTAL OF PROPOSAL: Proposals must be prepared on the approved forms in conformance with INSTRUCTION TO BIDDERS and must be submitted electronically on BidNet , accessible through the City’s webpage at http://cityoflosalamitos.org/517/Bid-Opportunities where each prospective bidder must first register as a vendor through the City’s BidNet portal. Contract documents, plans, and specifications if applicable will be available for review on BidNet.

OPTIONAL PRE-PROPOSAL MEETING: There will be an Optional Pre-Proposal site visit on April 30, 2024 at 9:00 a.m. at Laurel Park at 10862 Bloomfield Street, Los Alamitos.

AWARD OF CONTRACT: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder, and reject all other bids, as it may best serve the interest of the City. Within five (5) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement and Insurance. Within ten (10) working days after the date of the Notice of Award, the successful bidder will be required to submit Construction Schedule.

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

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

REGISTRATION WITH DIR: Pursuant to Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in performance of any contract for public work, unless currently registered and qualified to perform public work unless registered with the Department of Industrial Relations.

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Contact: Questions or Requests for Information (RFIs) or interpretations are due on April 29, 2024 and shall be submitted on BidNet portal. Please contact Steve Kim at [email protected] should you have questions about this procedure.

Dated this 15 day of April, 2024. City of Los Alamitos, California Published: News Enterprise Steve Kim, Recreation Supervisor April 24, 2024 3191 Katella Avenue
Los Alamitos, CA 90720

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CITY OF LOS ALAMITOS

INSTRUCTIONS TO BIDDERS
FOR

LAUREL PARK TENNIS COURT RESURFACING PROJECT

1. BACKGROUND
The City of Los Alamitos (City) is soliciting proposals from qualified professional to resurface the courts, patch cracks & spalls, paint court lines, install pickleball courts, install a divider fence with all hardware and purchase and install cabana benches at the Laurel Park tennis courts. The Laurel Park Tennis Courts provides various programs and opportunities for reservations to the general public. Throughout the week, the courts are heavily used for classes, camps, and reservations. The current tennis court surface is over 10 years old and is showing signs of degradation from the elements. A new tennis court surface and pickleball courts would give the courts a new look, increased visual appeal, and provide space for a new program. The new surface will help players of both sports maintain traction and reduce the risk of injury. The new practices areas will enhance the experience of all participants at the courts.

The purpose of this RFP is to provide the City with the best possible tennis and pickleball courts and amenities at a level expected by the City’s residents, City Council, City Staff, and visitors to the community. The selected contractor will work closely with City staff to ensure accurate installation and color scheme.

2. RFP TIMELINE
The schedule of key milestones related to the Tennis Court Resurfacing is as follows:
• Proposal Release Date April 16, 2024
• Optional Pre-Bid Site Visit April 30, 2024, 9:00AM
• Last Day for Questions April 29, 2024
• Proposal Submittal Due Date May 9, 2024, 5:30PM
• Council Award of Contract June 17, 2024

3. RFP AND RELEVANT MATERIALS AVAILABILITY & ELECTRONIC BIDDING PORTAL A copy of the RFP and other Bid Document are available through BidNet Direct (BidNet) online platform. The website address is: http://cityoflosalamitos.org/517/Bid-Opportunities.

All relevant materials shall be obtained from BidNet.

4. INTERPRETATION OF CONTRACT DOCUMENTS
No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Requests for an interpretation shall be submitted on BidNet portal by April 29, 2024. Interpretations by the City will be in the form of addenda to the contract documents and, when issued, will be sent as promptly as is practical to all parties that have registered with the City by way of BidNet portal on a particular project. It is the responsibility of all perspective Respondents to register on the City’s BidNet portal (http://cityoflosalamitos.org/517/BidPage 538 of 628 IB-2
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Opportunities) to ensure receipt of any addendum(a) prior to proposal submittals.

Additionally, plans, specifications, bid document, addendum(a), questions and answers, forms to complete, supplements to construction documents or specifications will be available on the City’s BidNet Portal. City makes no guarantee that all Respondents will receive all addenda.

All such addenda shall become part of the contract.

5. PROPOSAL FORMS
Proposals must be prepared on the approved forms in conformance with INSTRUCTION TO BIDDERS and must be submitted electronically on BidNet , accessible through the City’s webpage at http://cityoflosalamitos.org/517/Bid-Opportunities where each prospective Respondent must first register as a vendor through the City’s BidNet portal. Contract documents, plans, and specifications if applicable will be available for review on BidNet.

Successful proposals must include:
• Bid Proposal -Attachment A
• Bid Schedule -Attachment B
• Non-Collusion Affidavit -Attachment C
Proposals must fully address all areas requested, contain complete technical submittals, references, and data to verify qualifications and experience and include a statement that the City contract can be executed. Proposals without complete submittal data will be considered non-responsive. As part of the technical proposal, Contractors must evaluate the City’s proposal terms and conditions.

Respondents shall respond to the final written RFP and any exhibits, attachments and amendments.

All Respondents shall verify if any addendum for this project has been issued by the City. It is the Respondent’s responsibility to ensure that all requirements of contract addendum are included in the Respondent’s submittal.

Respondents are required to submit (upload) all items on BidNet. Proposals will be received up to the hour of 5:30 p.m., on the 9th of May, 2024.

A proposal received after the time set for the proposal opening shall not be considered.

The City is not responsible for and accepts no liability in the event a response is late due to any network, internet or any other technical problem or interruption. The Respondent is solely responsible for “on time” submission of their electronic proposal. The City will only consider proposals that have been transmitted successfully and have been issued an e-bid confirmation number. Respondents experiencing any technical difficulties with the proposal submission process may contact BidNet at 1-800-835-4603.

6. NON-COLLUSION AFFIDAVIT
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the CITY is personally

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interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

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

8. WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn from BidNet by the Respondent. Withdrawal must be made prior to the bid opening hour stipulated. Proposals may not be withdrawn after that time without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the Respondent to submit a new proposal, providing there is time to do so.

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

10. REJECTION OF PROPOSALS
The City reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required; in which unit prices are unbalanced in the opinion of the City; which are accompanied by insufficient or irregular bid security; or which are from Respondents who have previously failed to perform properly or to timely complete contracts of any nature. Waiver of one irregularity does not constitute waiver of any other irregularities. Overall responsiveness to the RFP is an important factor in the review process.

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

12. DISQUALIFICATION OF BIDDERS

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If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor.

13. INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he or she may submit to the City Engineer a written request for an interpretation or correction thereof five (5) working days prior to the scheduled bid opening. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City Engineer will not be responsible for any other explanation or interpretations of the proposed documents.

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

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

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

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

16. CITY BUSINESS LICENSE
Contractor must obtain a City business license prior to commencement of any work.

17. AWARD OF CONTRACT
Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsive-responsible bidder as determined solely by the CITY. At the time of contract award, the successful bidder shall hold a Contractor’s License as required to perform the work, issued by the State of California and a business license in the City of Los Alamitos. Additionally, the CITY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the CITY. In

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no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.

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

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

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

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

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

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

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

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will not under any circumstances be considered as the basis of a claim against the CITY on the Contract.

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

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

In accordance with this section and with Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to CITY along with the other required Contract Documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

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

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

21. SUBLETTING AND SUBCONTRACTING.

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

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$10,000, whichever is greater, the bidder agrees that it is fully qualified to perform that portion of work itself, and that the bidder shall perform that portion of work itself. If after award of the contract, the bidder actually subcontracts that portion of work, except as provided in Public Contract Code Section 4107 or 4109, the bidder shall be subject to the penalties listed in Section 4111 of the Public Contract Code. It is the CITY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.

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

At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the CITY, with a State or Federally chartered bank as the escrow agent or require the City to deposit 5% of each progress payment with the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the CITY, pursuant to the construction contract. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention.

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

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

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

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BIDDER'S NAME

CITY OF LOS ALAMITOS

PROPOSAL
FOR

LAUREL PARK TENNIS COURT RESURFACING PROJECT
TO CITY OF LOS ALAMITOS, as CITY:

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

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

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

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

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

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

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

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

BIDDER'S NAME: DATE , 20 .

BIDDER'S ADDRESS: BY
(Print Name)
(Signature)
PHONE: ( ) TITLE

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

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

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

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

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

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

Phone No. Email:

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

Phone No. Email:

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

Phone No. Email:

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

Phone No. Email:

Percent of Total Contract
Specific Scope of Work

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BIDDER'S NAME

REFERENCES

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

Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work

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

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

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

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

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

Name Title

Name Title
Name Title
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
__________________________________ __________________________________ Name of President of Corp./ Company Name of Secretary of Corp./ Company

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CITY OF LOS ALAMITOS

PROPOSAL BID SCHEDULE
FOR

LAUREL PARK TENNIS COURT RESURFACING PROJECT

BASE BID ITEMS
Item Description
Est.

Quantity Units
Unit
Price
Total
Cost
1 BASE SERVICES: Furnish and
install tennis and pickleball court
surface, remove current tennis
court surface, repair cracks and
spalls, paint new court lines with
city-approved color scheme, install
50-foor long black vinyl fencing in
between pickleball court at 3 foot
in height with all hardware,
purchase and install (6) cityapproved cabana benches,
replace caulking all around the
courts,
1 LUMP
SUM
BASE BID SUBTOTAL IN FIGURES:

$____________________________________
TOTAL BASE BID AMOUNT FOR BID ITEM 1 SHALL BE USED IN DETERMINING THE LOWEST BID AMOUNT RECEIVED.

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

DOLLARS
.

AND CENTS.

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NOTE: THE LOWEST BIDDER SHALL BE DETERMINED BY THE LOWEST BID AMOUNT FOR THE BASE BID ITEMS (BID ITEMS NO. 1) WITHOUT CONSIDERATION OF ANY AMOUNT FOR THE ADDITIVE ALTERNATE BID (BID ITEMS NO. 1). THE CITY, AT ITS

DISCRETION, HAS THE OPTION TO AWARD A CONTRACT WHICH INCLUDES THE ADDITIVE ALTERNATE BID.

NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE USED ONLY AS COMPARISON OF BIDS. PAYMENT FOR QUANTITIES WILL BE MADE FOR ACTUAL MATERIALS USED ON THE JOB. THE CITY RESERVES THE RIGHT TO

INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ALL OR ANY ITEM FROM THE CONTRACT. IF THERE IS A CONFLICT BETWEEN THE UNIT PRICE PROVIDED AND TOTAL COST, THE UNIT PRICE SHALL PREVAIL. IF THERE IS A CONFLICT BETWEEN THE “TOTAL BASE BID AMOUNT FIGURES” AND THE “TOTAL BASE BID AMOUNT IN WORDS”, THE “TOTAL BASE BID AMOUNT IN WORDS” SHALL PREVAIL.

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BIDDER'S NAME

NON-COLLUSION AFFIDAVIT TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )
) SS

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ______________________ [city], ______ [state].”
Signed
Title

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PUBLIC WORKS AGREEMENT
[Contractor]
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into, to be effective this XXth day of MONTH 2024 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and company, a 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 complete the Laurel Park Tennis Court Resurfacing Project (“Project”).

B. In response to City’s Request for Proposals No. 2024-03 (RFP), dated April 15, 2024, Contractor submitted to City a written bid, dated DATE, 2024 (“Contractor’s Bid”).

C. City desires to engage the Contractor to provide Project 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. GENERAL SCOPE OF WORK. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Project in the City (the “Work”).

The Work to be performed in accordance with the Contract Documents with bid prices hereinafter mentioned and in accordance with the instructions of the City’s Project Manager, who is Steve Kim, Recreation Supervisor, (562) 430-1073 x515.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY/PRIORITY OF DOCUMENTS. The Plans are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Project plans and specifications if any (“Plans”), Contractor’s Bid together with this Agreement shall constitute the entire agreement between the Parties. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in this Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the following order of precedence shall apply: (1) this Agreement; (2) the Plans; and (3) Contractor's Bid (collectively, the “Contract Documents”).

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3. COMPENSATION. Contractor agrees to receive and accept the prices set forth in its Contractor’s Bid as full compensation for furnishing all materials, performing all Work, and fulfilling all obligations hereunder. Said compensation in the amount of Dollars ($XX.00) 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 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. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3.

4. TERM OF AGREEMENT. The term of the project runs until successful completion and acceptance of the work, or one year, whichever is sooner, unless extended by the parties.

5. INSURANCE. Contractor shall not commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any sub-contractor to commence work on his sub-contract until all insurance required of the sub-contractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through sub-contractors in carrying out the work specified herein, in accordance with the laws of the State of California.

Such insurance shall be maintained in full force and effect during the period covered by this contract.

In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees. The Contractor, prior to commencing work, shall sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract."
b. For all operations of the Contractor or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage:

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1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile - $2,000,000 per accident for bodily injury and property damage.
3) Employer's Liability - $1,000,000 per accident for bodily injury or disease.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Los Alamitos, its officers, agents and employees, and any other parties specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage."
5) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any sub-contractor in performing the work provided for herein;
6) Otherwise be in form satisfactory to the City.
d. The Contractor shall, prior to performing any work under this Agreement, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance

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of such insurance, and the additional insured and other provisions required herein.

6. PREVAILING WAGE. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California, and are available to any interested party on request. Contractor shall cause a copy of such determinations to be posted at the job site.

Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any sub-contractor under him.

Contractor and any of its sub-contractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015 to a person not registered. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7. APPRENTICESHIP EMPLOYMENT. In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work.

Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other Contractors on the public works site are making such contributions.

Contractor and any sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

8. LEGAL HOURS OF WORK. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Agreement, and the Contractor and any sub-contractor under him shall comply with and be governed by the laws of the State of California

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having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub-contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.

9. TRAVEL AND SUBSISTENCE PAY. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

10. CONTRACTOR'S LIABILITY. The City and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of Contractor, of its sub-contractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

Contractor will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of Contractor, its agents, employees, sub-contractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom.

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City

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provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

11. NON-DISCRIMINATION. Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color, sex, mental disability, physical disability, religion or other reason set forth in Government Code § 12940 of such person. Contractor agrees to post in conspicuous places available to employees and applications, a notice setting forth provisions of this non-discrimination clause. A violation of this section exposes the Contractor to the penalties provided for in Labor Code Section 1735.

12. PRESENTATION OF CLAIMS. Any claim, as that term is defined in Public Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim.

The claim shall be processed as more fully set forth in the Plans and Specifications.

13. TERMINATION. This Agreement may be terminated by the City for any reason upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in the notice. Upon receipt of such notice, Contractor shall immediately cease work, unless otherwise directed by the Notice of Termination. In the event of such termination, Contractor shall be paid for services satisfactorily rendered and expenses reasonably and necessarily incurred prior to the effective date of termination, unless the Notice of Termination is issued for cause, in which event the City may withhold any disputed compensation.

Contractor shall not be entitled to any claim for lost profits.

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State of California
Contractor’s License No.

Contractor’s Business Phone:

Contractor’s Business Email:

Contractor’s emergency phone which can be reached at any time:

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1772924.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Jordan Nefulda
Mayor
APPROVED AS TO FORM.

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

By:_______________________________
Windmera Quintanar, CMC
City Clerk
“Contractor”
Company Name
By:_______________________________

By:_______________________________

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 24, 2024 ITEM NUMBER: 11L
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Tree City USA Proclamation

SUMMARY
The City continues its commitment to expanding its urban forest program through education, events, and efforts made to apply for national recognition of Tree City USA honors by completing the final steps of a Proclamation.

RECOMMENDATION

1. Review the proclamation and Mayor to endorse it; and,

2. Authorize Staff to proceed with the completion and submittal of Tree City USA recognition.

BACKGROUND
The City of Los Alamitos is committed to expanding its urban forest canopy coverage through various benchmarks and efforts. It has prioritized funding for planting additional trees along parkways, parks, medians, and throughout major parts of the City. The City has benefited from the support of the Los Alamitos Community Foundation and EPSON to assist with planting trees along major streets and special events such as Arbor Day in hopes of receiving national recognition as a Tree City USA. As such, the Proclamation will serve as the final piece of the puzzle to submit its application for final consideration, which will take place later this year.

The Arbor Day Foundation and National Association of State Foresters govern the Tree City USA program for communities by completing a four-step process in order to apply for consideration. The standards for consideration are broken into the following four steps:

1. Establishing a Tree Board or Department

2. Creating a Public Tree Ordinance

3. Implementing an Annual Budget of $2 per capita on Urban Forestry

4. Observance of Arbor Day and drafting a Proclamation
The City has checked all the boxes with the final pending step of a Proclamation. Once Los Alamitos is designated as a Tree City USA, signage will be ordered and placed around Los Alamitos.

DISCUSSION
Communities that embrace urban forestry thrive from the values and benefits trees bring to

their residents.

Social Benefits
Trees provide direct benefits which improve self-esteem, promote health and happiness, reduce stress, and encourage leisurely activities outside.

Economic Benefits
Trees promote greater property value of homes and neighborhoods and help absorb the sounds of traffic in urban areas by 40%. Trees also present aesthetic value to urban settings that have decorative and attractive landscaping design for common areas like downtown and commercial corridors.

Environmental Benefits
Planting and maintaining trees absorb carbon dioxide in the atmosphere, mitigating the effects of climate change; trees protect against floods and water pollution, as well as reduce energy costs up to 25% by providing shade and cooler temperatures.

Tree City USA national recognition would list the City of Los Alamitos among the many communities already participating. By becoming a Tree City USA, the Los Alamitos community will receive flags, signs, and materials celebrating the award. It will also help to educate residents and instill the significance of trees in the community and long-standing benefits through programs, services, and events. Lastly, the award would solidify the City's commitment to creating a cleaner, healthier, and more beautiful urban landscape.

FISCAL IMPACT
None.

Attachment: 1. Tree City USA - Official Proclamation

OFFICIAL PROCLAMATION
WHEREAS in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees, and
WHEREAS this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and
WHEREAS Arbor Day is now observed throughout the nation and the world, and
WHEREAS trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife, and
WHEREAS trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS trees — wherever they are planted — are a source of joy and spiritual renewal.

NOW, THEREFORE, I, , Mayor of the City of
, do hereby proclaim
as ARBOR DAY
In the City of , and I urge all citizens
to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and
FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations.

DATED THIS day of ,
Mayor

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 24, 2024 ITEM NUMBER: 11M
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Emeline Noda, Director of Recreation & Community Services Subject: Orange County Transportation Authority (OCTA) Project V CommunityBased Transit/Circulators Program: Los Alamitos Circuit

SUMMARY
This item seeks a resolution endorsing and authorizing Staff to file an application for the Los Alamitos Circuit. The application is to the Orange County Transportation Authority for funding under the Project V Community-Based Transit/Circulators Program. The grant funds would be used for an on-demand micro transit operation for the City of Los Alamitos.

RECOMMENDATION
Adopt Resolution No. 2024-23, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING THE SUBMITTAL OF LOS

ALAMITOS CIRCUIT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION

AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM"

BACKGROUND
Implementing on-demand micro-transit operations within the City of Los Alamitos aligns with numerous regional and local planning processes, including community outreach efforts.

At the regional level, OCTA’s “Directions 2045: Long-range Transportation Plan” outlines a series of strategies to respond to key factors affecting how Orange County residents plan for reliable and accessible mobility. These include the growing travel demand, evolving travel trends, increasing climate-related risks, and the changing outlook of funding sources. OCTA received 1,825 county-wide completed surveys assessing strategies to mitigate these factors, including Los Alamitos. In assessing strategies to mitigate challenges associated with transportation access and climate risks, survey respondents overwhelmingly favored ondemand shuttle services (65%) and the concentration of mobility hub locations at major visitor destinations (48%) above other locations. The proposal outlined in this application is to create a new on-demand clean fleet shuttle service to provide accessible transportation options to Los Alamitos Medical Center, Los Alamitos Community Center, major access points along Katella Boulevard to access transit lines across Orange County, and other major community facilities throughout the City. This directly aligns with the goals outlined by Orange County respondents. SCAG’s Connect SoCal Plan also identifies the entirety of Los Alamitos as both a Priority Growth Area and directly adjacent to Priority Transit Areas (Stanton, Long Beach).

DISCUSSION

At the local level, in 2021, Los Alamitos completed an Active Transportation Plan (ATP) to create a safe and implementable action plan to expand active transportation and multimodal transit options throughout the City. The City held numerous community engagement efforts throughout this process, including three virtual community workshops, two outdoor pop-up events, crossing guard interviews, four community advisory committee meetings, a 24-hour project phone line, social media outreach, and surveys to gather feedback. While the planning efforts primarily focused on active transportation improvements, participants indicated a need and want for expanded multimodal transit offerings, particularly around the central Los Alamitos corridor. Participants were also polled on their ease of access to motorized public transit offerings and indicated a want for more expanded and accessible transit offerings.

The City of Los Alamitos has consulted with potential vendors to budget and plan for an ADAaccessible service. ADA-accessible vehicles are included in the fleet, and the vendor has the ability for riders to select the ADA option when requesting rides.

The Fleet Size & Summary of Vehicle Types include:
• 3 sedans (EV)
• 1 ADA van (EV)
The City will coordinate with a turnkey operator responsible for maintenance and charging, including leasing appropriate local facilities. Depending on availability, this may or may not leverage City facilities.

The City has consulted with potential vendors to ensure the service is designed to dynamically pool riders to route trips most efficiently and reduce vehicle miles traveled (VMT). The vendor will have ride-pooling capability and experience operating shared ride services. Rides may be booked via a smartphone app or through a call center.

The Orange County Transportation Authority Community-Based Transit/Circulators program (Project V under Measure M2) establishes a competitive funding program to enable local jurisdictions to develop, test, and provide community-based local transit services that complement regional transit services and meet needs in areas not adequately serviced by regional transit.

FISCAL IMPACT
The grant application seeks $1,904,734 for new, year-round on-demand service addressing first- and last-mile access for FY 24/25 – FY 30/31 (7 Years). There is a 50% grant match requirement for the City of Los Alamitos.

Attachment: 1. Resolution No. 2024-23 - Los Alamitos Circuit Application to the OCTA

RESOLUTION NO. 2024-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS ALAMITOS, CALIFORNIA, APPROVING THE

SUBMITTAL OF LOS ALAMITOS CIRCUIT

APPLICATION TO THE ORANGE COUNTY

TRANSPORTATION AUTHORITY FOR FUNDING UNDER

THE PROJECT V COMMUNITY-BASED

TRANSIT/CIRCULATORS PROGRAM
WHEREAS, the Orange County Transportation Authority CommunityBased Transit/Circulators program (Project V under Measure M2) establishes a competitive funding program to enable local jurisdictions to develop, test and provide community-based local transit services that complement regional transit services and meet needs in areas not adequately serviced by regional transit; and, WHEREAS, the Orange County Transportation Authority intends to allocate Project V funds to the incorporated cities and the County of Orange, as applicable; and,
WHEREAS, the Orange County Transportation Authority has established the procedures and criteria for selecting projects for funding through a competitive process as identified in the Comprehensive Transportation Funding Program (CTFP) Project V Guidelines; and,
WHEREAS, the City of Los Alamitos desires to provide local communitybased transit services; and, WHEREAS, the City of Los Alamitos authorizes the nomination of Los Alamitos Circuit, including all understanding and assurances contained therein; and,
WHEREAS, the City of Los Alamitos has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 funds, including Project V funds; and,
WHEREAS, the City of Los Alamitos must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Measure M2 Ordinance eligibility requirement; and,
WHEREAS, the City of Los Alamitos authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors; and,
WHEREAS, the City of Los Alamitos Circulation Element is consistent with

CC RESO 2024-23

the County of Orange Master Plan of Arterial Highways; and, WHEREAS, the City of Los Alamitos will comply where applicable with provisions of the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and,
WHEREAS, the City of Los Alamitos will consult with Orange County Transportation Authority regarding the need for ADA/paratransit services and/or plan prior to starting operations; and,
WHEREAS, the City of Los Alamitos will provide a minimum 50% in matching funds, excluding non-Project V subsidies or net fares collected, as required by the Project V CTFP Guidelines and shall fund its share of the project costs and any additional costs over the identified programmed amount; and, WHEREAS, the City of Los Alamitos will not use Measure M funds to supplant Developer Fees or other commitments; and,
WHEREAS, the City of Los Alamitos will give the Orange County Transportation Authority’s representatives access to and the right to examine all data, records, books, papers or documents related to the Project(s).

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

SECTION 1. The City Council finds that the above recitals are true and correct.

SECTION 2. The City of Los Alamitos hereby requests that the Orange County Transportation Authority allocate Project V funds in the amounts specified in the City or County’s application to said City or County from the Project V Community-Based Transit/Circulators program through the Comprehensive Transportation Funding Program (CTFP). Said funds shall be matched by funds from the City of Los Alamitos as required and shall be used as supplemental funding to aid the City of Los Alamitos in the implementation of the proposed transit service.

SECTION 6. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 24th day of June, 2024. ________________________________
Jordan B. Nefulda, Mayor

CC RESO 2024-23

ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 24th day of June, 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

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

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 24, 2024 ITEM NUMBER: 11N
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Part-Time Economic Development Assistant

SUMMARY
The Economic Development Division is seeking to recruit a Part-Time Economic Development Assistant who will provide direct support in the expansion of economic development-related programs and initiatives.

RECOMMENDATION

1. Adopt Resolution No. 2024-24, entitled "A RESOLUTION OF CITY COUNCIL OF THE CITY

OF LOS ALAMITOS, CALIFORNIA, ADOPTING A JOB DESCRIPTION FOR PART-TIME ECONOMIC DEVELOPMENT ASSISTANT"; and,

2. Approve and authorize staff to proceed with the recruitment for this position.

BACKGROUND
The Economic Development Division is housed within the Development Services Department.

It is one of six main divisions of the department but holds a pivotal role in the City. It has expanded its reach tremendously in the last three years and will continue to be a priority for the City. This division aims to foster business retention through resources, education, and increased exposure to innovative programs that increase foot traffic to their doorstep. The Economic Development Division also works diligently to attract new businesses into Los Alamitos and advocate for a diverse business community.

DISCUSSION
The Part-Time Economic Development Assistant Job Description (Attachment 1) has been developed for the Development Services Department.

The Economic Development Division has one designated employee: a full-time Economic Development Supervisor who plans, coordinates, implements, and supervises all the division's major programs, events, and services. The part-time Economic Development Assistant will support and report directly to the Economic Development Supervisor to assist with coordinating and representing these programs. There are many other programs and events that the Economic Development Division is responsible for and contributes to the operation of the Development Services Department. Some of the programs are listed below with a brief description.

Mayor's Business Spotlight
The Mayor's Business Spotlight highlights local businesses in the community by featuring one business each month. The program is conducted in an interview style, filmed with the Mayor interviewing the business owner. The video then gets published on the City's YouTube channel, and the business is invited to receive an Award of Recognition at a City Council Meeting presented by the Mayor.

Business Visitation Program
A member of the Economic Development Division will conduct random visits to different businesses as an informal check-in. This effort enhances communication and fosters a smalltown feeling, which allows the City to better assist each business with questions, concerns, the direction of resources, opportunities, and overall engagement.

Revive Los Alamitos
Earlier this year, the City launched this program intended for small businesses, brick-andmortar storefronts, and commercial establishments to invest in their property to improve their facades or other areas needing repair. The method used to incentivize this opportunity was by providing a 50/50 matching grant of up to $15,000 for improvements. Specific criteria must be followed for listed projects, but the Economic Development Division oversees this program.

Parklet Series
The Parklet Series consists of consecutive weeks dedicated to activating Pine Street with planned activities, events, and social engagement as a vision of what the future may hold for a future downtown. In connection with the City's Strategic Plan for a Town Center Mixed-Use, Pine Street is the epicenter of a vibrant location for residents, businesses, and families to enjoy.

The Hourly Rate Schedule has been updated to include the Part-Time Economic Development Assistant.

FISCAL IMPACT
This part-time position, which is 25–28 hours per week and funded out of the Economic Development Division, does not intend to present the City with increased pension costs.

Attachment: 1. Resolution No. 2024-24 - Part Time Economic Development Assistant

2. Exhibit A - Part Time Economic Development Assistant Job Description

3. Hourly Rate Schedule

RESOLUTION NO. 2024-24

A RESOLUTION OF CITY COUNCIL OF THE CITY OF

LOS ALAMITOS, CALIFORNIA, ADOPTING A JOB

DESCRIPTION FOR PART-TIME ECONOMIC

DEVELOPMENT ASSISTANT
WHEREAS, the City desires to recruit and retain a Part-Time Economic Development Assistant to provide direct support in the expansion of the City’s economic development-related programs and initiatives.

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

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

SECTION 2. The City Council approves the job description for Part-Time Economic Development Assistant (Exhibit A).

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

PASSED, APPROVED, AND ADOPTED this 24th day of June, 2024. ________________________________
Jordan B. Nefulda, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )

CC RESO 2024-24

COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, CMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 24th day of June, 2024, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

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

CITY OF LOS ALAMITOS
Job Description

ECONOMIC DEVELOPMENT ASSISTANT

PART-TIME

THE POSITION
Under the direction of the Development Services Director and Development Services Manager, the Economic Development Assistant will assist the Economic Development Division. They will play a pivotal role in supporting local businesses, working directly with business owners, attracting new businesses, and fostering sustainable growth. The Economic Development Assistant will need to display strong interpersonal skills, passion for working internally and externally in a team environment, and creatively working through challenges.

ESSENTIAL JOB FUNCTIONS
Under the direction of the Development Services Director and Development Services Manager, the Economic Development Assistant duties may include but are not limited to the following:
• Participates in the implementation of economic development strategies and programs designed to secure the retention and expansion of the City's commercial, retail and industrial base.
• Establishes and maintains communication and cooperation with a wide variety of business organizations, individual businesses, and community partners. • Creates marketing and promotional activities for businesses and local stakeholders through the use of technology, social media, and software. • Assists with developing, writing, editing and producing promotional materials to create public awareness of Economic Development programs. • Performs technical analysis and interpretation of economic development trends. • Assists with collection of data; compiles report and presentation information in connection with economic development program delivery.
• Assists in the development and implementation of economic development policies. • Represents Economic Development Division as assigned, to facilitate cooperation among departments, including working special events to assist with the promotion of economic development initiatives and programming.

DESIRABLE KNOWLEDGE, SKILLS AND ABILITIES
• Knowledge of contemporary marketing practices including social media, website, and online tools.
• Understanding of standard office administration practices, procedures, policies, and appropriate use of equipment and software.
• Ability to plan, coordinate, and represent promotional event planning.

• Ability to communicate clearly and concisely, both orally and in writing; sensitivity to public relations and customer service, ability to establish a cooperative working relationship with others while promoting the organization values of the City. • Ability to utilize word processing, spreadsheet and database software applications. • Ability to perform extensive and repetitive physical activity for business visits and special events where it will be expected to walk, stand, lift equipment up to 35 pounds.
• Performs other duties as assigned that support the overall objective of the position.

DESIRABLE EXPERIENCE AND TRAINING
• Completion of an Associate’s Degree or higher in Public or Business Administration, Urban Planning, Finance, Real Estate, Recreation and Leisure or a related focus study from an accredited college.
• Must be available to work irregular hours consisting of evenings, weekends, and holidays for City events. Advanced notice will be provided. • Highly Desirable: minimum of two (2) years of administrative experience in a municipal setting or related field in analyzing data, marketing, business development, real estate development, and general business administration; or any combination of training and experience which provides the necessary knowledge, ability, and skill needed for the position.
• Valid California Driver’s License

CITY OF LOS ALAMITOS

HOURLY RATE SCHEDULE
Effective June 24, 2024
Attachment 1
CLASS
CODE

CLASSIFICATION

TITLE STEP A STEP B STEP C STEP D STEP E
905 Recreation Leader 16.00 16.80 17.64 18.52 19.45
921 Senior Recreation Leader 16.50 17.33 18.19 19.10 20.06 931 Recreation Specialist 17.33 18.20 19.11 20.06 21.06 955 Community Services Coordinator 19.95 20.95 21.99 23.09 24.25 910 Lifeguard 16.57 17.40 18.27 19.18 20.14
925 Water Safety Instructor I 17.57 18.45 19.37 20.34 21.36 935 Senior Lifeguard/Water Safety Instructor II 18.45 19.37 20.34 21.36 22.43 920 Police Aid/Cadet 16.00 16.80 17.64 18.52 19.45
945 Police Investigator 16.00 16.80 17.64 18.52 19.45
946 Police Reserve 16.00 16.80 17.64 18.52 19.45
965 Police Recruit 22.00
970 Photo Enforcement Officer 28.79 30.23 31.74 33.33 35.00 983 Ermergency Services Coordinator 32.92 34.57 36.29 38.11 40.00 940 Account Clerk 16.00 16.80 17.64 18.52 19.45
941 Administrative Intern 16.00 16.80 17.64 18.52 19.45 944 Clerical Assistant 18.25 19.16 20.12 21.13 22.18
947 Receptionist 16.00 16.80 17.64 18.52 19.00
954 Administrative Analyst 38.20 40.11 42.12 44.22 46.44 960 Maintenance Worker 19.30 20.27 21.28 22.34 23.46
948 Department Secretary 22.83 23.97 25.17 26.43 27.76
951 Deputy City Clerk 27.72 29.11 30.56 32.09 33.69
971 Code Enforcement Officer 23.83 25.02 26.27 27.59 27.76 978 Senior Code Enforcement Officer 30.42 31.94 33.54 35.21 35.44 981 Special Projects Coordinator 38.20 40.11 42.12 44.22 46.44 982 Fiscal Sustainability Manager 47.44 52.18 56.92 61.03 66.40 984 Economic Development Assistant 27.69 30.46 31.98 33.58 35.38 \\losal-data3\Redirected\imontenegro\Desktop\Attachment 1 -HOURLY RATE SCHEDULE - 7.24.24 Revised

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 24, 2024 ITEM NUMBER: 11O
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Kain Gallaugher, Captain
Subject: Annual Military Equipment Report

SUMMARY
Assembly Bill 481 requires the Police Department to submit an Annual Military Equipment Report to City Council.

RECOMMENDATION
Receive and file the Annual Military Equipment Report per Assembly Bill No. 481.

BACKGROUND
On September 30, 2021, Assembly Bill 481 required law enforcement agencies to adopt a military equipment use policy, by ordinance, no later than May 1, 2022. The Police Department complied with AB 481 and adopted Ordinance No. 2022-04 approving Policy 707 – Military Equipment.

AB 481 also requires law enforcement agencies to submit to the City Council an annual military equipment report on the use of the equipment, any complaint(s) or concern(s) regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year. In addition, within 30 days of submitting and publicly releasing the report, a well-publicized and conveniently located community engagement meeting must be held to allow for public comments.

DISCUSSION
To maintain transparency and meet the reporting requirements of AB 481, the Los Alamitos Police Department has created the attached “MILITARY EQUIPMENT ANNUAL REPORT.” This report details the reporting and findings of the requirements outlined in Government Code 7072(a).

Concurrently with the submission of this report to Council, the report will be made available to the public on the police department’s website. The community will have the opportunity to ask questions or provide input regarding the report and the department's use of military equipment during a well-publicized and conveniently located community engagement meeting that will be held within 30 days of June 24, 2024.

Council is not being asked to approve this report or the City’s existing military equipment policy

at this time. Council will be asked to provide approval of the Department’s Military Equipment Use Policy at a later meeting, after the required community engagement meeting has been held.

FISCAL IMPACT
None.

Attachment: 1. 2023 Annual Report

2. Ordinance 2022-04

Assembly Bill 481 https://cityoflosalamitos.org
(562) 431-2255

LOS ALAMITOS POLICE DEPARTMENT

MILITARY EQUIPMENT

ANNUAL REPORT
202
3

Page | 1

TABLE OF CONTENTS
HISTORY…………………………………………………………………………………………... 2
OVERVIEW ……………………………………………………………………………………….. 3
MILITARY EQUIPMENT USAGE SUMMARY………………………………………………… 4
SUMMARY OF COMPLAINTS REGARDING MILITARY EQUIPMENT ………………….. 4 SUMMARY AND RESPONSES TO MILITARY EQUIPMENT POLICY VIOLATIONS…… 4 FISCAL IMPACT………………………………………………..………………………………… 4
ANTICIPATED ACQUISITION OF ADDITIONAL MILITARY EQUIPMENT ………………. 4 MILITARY EQUIPMENT INVENTORY ………………………………………………………… 5

APPENDIX
GOVERNMENT CODE 7072 ………………………………………………………… 6
LOS ALAMITOS PD POLICY 707 (MILITARY EQUIPMENT) …………………….. 7

Page | 2

HISTORY
On September 30, 2021, Assembly Bill 481 (“AB 481”) required law enforcement agencies to adopt a military equipment use policy by ordinance, in which the Legislature found and declared the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

To address these concerns, AB 481 requires every law enforcement agency to do the following:

1. Create a military use policy.

2. Obtain approval of that policy by each agency’s applicable governing body.

3. Publish that policy 30 days prior to the above required approval hearing.

4. Create an Annual Report of each agency’s military equipment use.

5. Hold a community engagement meeting within 30 days of submitting/publicly releasing the above Annual Report.

The Los Alamitos Police Department has fulfilled the above requirements by creating Policy 707 - Military Equipment, publishing this policy on the city website no less than 30 days prior to an approval hearing, holding a well-publicized community engagement meeting, and obtaining approval from the City Council.

Page | 3

OVERVIEW
Per Government Code 7072(a), the Annual Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the Annual Military Equipment Report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Los Alamitos Police Department has identified the following assets available to our officers defined as military equipment:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Battering rams, slugs, and breaching apparatuses that are explosive in nature.

This does not include items to remove a lock, such as bolt cutters or a handheld ram designed to be operated by one person.
• Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Penal Codes § 30510 and § 30515, with the exception of standard-issue service weapons and ammunition of less than .50 caliber. • "Flashbang" grenades and explosive breaching tools.
• Munitions containing tear gas or OC, and pepperballs, excluding standard, serviceissued handheld pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• 40mm projectile launchers, "bean bag," rubber bullet and specialty impact munition (SIM) weapons.

Page | 4

MILITARY EQUIPMENT USAGE SUMMARY
09/20/23: Los Alamitos officers requested the assistance of the Seal Beach PD drone team to help with the search for an armed robbery suspect in our City. The suspect was eventually located and safely taken into custody.

Apart from the drone deployment listed above, the Los Alamitos Police Department did not deploy or use any other listed Military Equipment. The following consumables (munitions or chemical agents) were used for training during this reporting period:

Drag Stabilized 12-Gauge Beanbag Round: 25
Winchester .223 Remington 55gr Rifle Round: 4,200
The Los Alamitos Police Department participates on the West County Special Weapons and Tactics Team (SWAT), which includes the cities of Los Alamitos, Cypress, Seal Beach, Fountain Valley, and Westminster. The public may refer to these agencies' military equipment annual reports for military equipment deployments in these cities.

SUMMARY OF COMPLAINTS REGARDING MILITARY EQUIPMENT
There were no complaints regarding military equipment usage in 2022-2023.

SUMMARY AND RESPONSES TO MILITARY EQUIPMENT POLICY

VIOLATIONS
There were no policy violations regarding military equipment usage in 2023.

ANTICIPATED ACQUISITION OF ADDITIONAL MILITARY EQUIPMENT The Los Alamitos Police Department intends to purchase one (1) Armored Tactical Rescue & Response Vehicle in 2024. Our governing body has approved the acquisition of this vehicle, and the purchase will be primarily offset by grant funding. Although this purchase will take place in the 2024 calendar year, the vehicle is not expected to be completed and delivered until 2025.

FISCAL IMPACT
The fiscal impact of military equipment used and/or purchased for this reporting period is as follows:

1. Rifle purchases: $19,422.00

2. Consumables: $1,927.80

Page | 5

MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department deemed to be military and militaristic as defined by this policy:

Equipment Quantity
REMINGTON 870 LESS LETHAL SHOTGUN 10
DRAG STABILIZED 12-GAUGE BEANBAG ROUND 150
COLT AR-15 223 16" 10
AERO PRECISION AR-15, 223 11.5" 25
WINCHESTER.223 REMINGTON 55GR RIFLE ROUND 10,500
WINCHESTER.223 REMINGTON 55GR FRANGIBLE RIFLE ROUND 1,900 WINCHESTER 5.56 MM 55GR FULL METAL JACKET RIFLE ROUND 400 FUSION RIFLE.223 REMINGTON 62 GRAIN RIFLE ROUND 400
HORNADY 308 WIN 168GR ELD MATCH RIFLE ROUND 180
The following constitutes an inventory of equipment known to be owned and/or utilized by law enforcement units with which the Los Alamitos Police Department collaborates and/or participates for law enforcement purposes.

Equipment Quantity
LENCO BEARCAT G2 1
MOBILE COMMAND POST VEHICLE (MCP) 1
COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH-BANG 1 DEFENSE TECHNOLOGY, NO. 15 STINGER GRENADE 14
DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM CS ROUND 4
DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM OC ROUND 5
DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE 5
DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE 1
DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING CANISTER 1 DEFENSE TECHNOLOGY 40MM CS FERRET POWDER BARRICADE

PENETRATING PROJECTILE ROUND
9 KINETIC BREACHING TOOL (KBT) MODEL 3-1000 1
GENASYS LONG-RANGE ACOUSTIC DEVICE (LRAD) MODEL 500X 1
TRANSCEND Vantage Patrol Robot 1
DJI INSPIRE 2 1
DJI MAVIC 2 ENTERPRISE DUAL 2
DJI FPV 1

Page | 6
GOVERNMENT CODE 7072
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one wellpublicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

Page | 7
LOS ALAMITOS PD POLICY 707 (MILITARY EQUIPMENT)
(Policy on Next Page)

Policy
707
Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, reporting requirements, and use of military equipment (California Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481, enacting the foregoing Code sections. These obligations include, but are not limited, to seeking approval for the use and acquisition of specific items deemed to be military equipment, and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment –
California Government Code § 7070 defines "military equipment" as including:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 2 • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.2 POLICY
It is the policy of the Los Alamitos Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. It is the policy of the Los Alamitos Police Department that there shall be legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Administrative Services Captain to be the military equipment coordinator. The responsibilities of the military equipment coordinator include, but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Alamitos Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the Department is:
(a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 3 (b) Reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

Military equipment shall only be used by a Department employee after the employee has received the training specified herein, and any course required by the Commission on Peace Officer Standards and Training (POST) has been successfully completed, unless exigent circumstances arise.
707.5 MILITARY EQUIPMENT REPORTING CONSIDERATIONS
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval of this policy, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year, for each type of military equipment in the Department's inventory.

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and Los Alamitos Police Department's funding, acquisition, or use of military equipment. This shall occur as a part of the Department's presentation to the City Council.
707.6 CATALOGING OF MILITARY EQUIPMENT
All military equipment kept and maintained by the Los Alamitos Police Department shall be cataloged in a way which addresses each of the following requirements:

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 4 (a) The manufacturer's description for each type of equipment. (b) The capabilities of each type of equipment.
(c) The purposes and authorized uses for which the Department proposes for each type of equipment.
(d) The expected lifespan of each type of equipment.
(e) The fiscal impact of each type of equipment, both initially and for ongoing maintenance. (f) The quantity of each type of equipment, whether maintained or sought. 707.7 COMPLIANCE
The Military Equipment Coordinator will ensure that all Department members comply with this policy and will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, as appropriate, the violation(s) will be referred for investigation, which will be handled in accordance with Policy 1020 (Personnel Complaints). All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Los Alamitos Police Department via email at the email address listed on the Department's website A response to any question or concern regarding this policy or any military equipment owned used by the Department shall be completed and a response provided by the Department in a timely manner, which in no event should exceed thirty (30) days.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it shall be routed for investigation in accordance with Policy 1020.
707.8 FUNDING
The Department shall obtain City Council approval, by an ordinance adopting a new or revised military equipment use policy, prior to seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

The Department has authority to apply for funding prior to obtaining City Council approval in the case of exigent circumstances. In such case, the Department shall obtain City Council approval as soon thereafter as practicable. In seeking such approval, the Military Equipment Coordinator will submit to the City Council a report explaining the nature of the exigency and why prior approval could not be obtained.
707.9 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department deemed to be military and militaristic as defined by this policy:

1. PROJECTILE LAUNCH PLATFORMS AND THEIR ASSOCIATED MUNITIONS:

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 5 REMINGTON 870 LESS LETHAL SHOTGUN
Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of de-escalation.

Quantity: 10
Purchase Price: $550 each
DRAG STABILIZED 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).

Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange buttstock and foregrip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Drag Stabilized Model is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized Model is very accurate.

However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

Quantity: 150
Purchase Price: $5 each
Purpose: To limit the escalation of conflict and decrease the need for use of potentially lethal force when feasible.

Authorized Use: Situations for the use of the less lethal weapon systems may include, but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.

Expected Life Span: Remington 870 Less Lethal Shotgun- 25 years, Drag Stabilized 12- Gauge beanbag round - no listed expiration date.

Fiscal Impact: Annual maintenance is approximately $50 for each shotgun.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 6 Training: All officers must first be trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions must have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training.

Legal and Procedural Rules: Use is established under Policy 308.9. It is the policy of the Los Alamitos Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force.

2. RIFLES:

Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Current Inventory:

COLT AR-15 223 16"
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 16-inch barrel.

Quantity: 10
Purchase Price: $846.56 per firearm
AERO PRECISION AR-15, 223 11.5"
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223,

11.5-inch barrel.

Quantity: 25
Purchase Price: $20,176.27
Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Authorized Use: Only members that are POST certified are authorized to use a rifle.

Expected Life Span: No expiration date.

Fiscal Impact: Annual maintenance is approximately $50 for each rifle.

Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification annually.

Legal and Procedural Rules: Use is established under Policy 306.3.3. It is the policy of the Los Alamitos Police Department to utilize rifles only for official law enforcement purposes and pursuant to State and Federal laws regarding the use of force.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 7

3. Rifle Ammunition:

Description: Ammunition specifically designed for use in Department rifles.

WINCHESTER.223 REMINGTON 55GR RIFLE ROUND
Description: 223 Remington/5.56 NATO caliber, 55 grain bullet weight, brass cartridge case material.

Quantity: 10,500
Purchase Price: $802.74 (price per 1000)
WINCHESTER.223 REMINGTON 55GR FRANGIBLE RIFLE ROUND
Description:.223 Remington caliber, Frangible, 55 grain bullet weight, brass cartridge case material.

Quantity: 1,900
Purchase Price: $668.05 (price per 1000
WINCHESTER 5.56 MM 55GR FULL METAL JACKET RIFLE ROUND
Description: 5.56 MM caliber, Full Metal Jacket (FMJ), 55 grain bullet weight, brass cartridge case material.

Quantity: 400
Purchase Price: $392.21 (price per 1,000)
FUSION RIFLE.223 REMINGTON 62 GRAIN RIFLE ROUND
Description:.223 Remington/5.56 NATO caliber, 62 grain bullet weight, Copper jacket, electro-chemically bonded to the core.

Quantity: 400
Purchase Price: $632.25 (price per 500)
HORNADY 308 WIN 168GR ELD MATCH RIFLE ROUND
Description: 308 Winchester caliber, 168 grain bullet weight, ELD match grade.

Quantity: 180
Purchase Price: $520.00 (price per 500)
Purpose: To be used in Department rifles to address lethal threats to the community and Department personnel with greater accuracy, enhancing community safety.

Authorized Use: Only members POST certified in the use of the rifle are authorized to utilize rifle ammunition.

Expected Lifespan: The ammunition listed above does not have an expiration date.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 8 Fiscal Impact: The Department budgets approximately $9,000 annually for ordering rifle ammunition.

Training: Prior to deploying a rifle, members must complete a POST-certified course in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification according to department policy.

Legal and Procedural Rules: The Department will only utilize firearms and its ammunition in accordance with State law, Federal law, and Department policy. 707.10 MILITARY SWAT EQUIPMENT INVENTORY
The Los Alamitos Police Department participates in the West County Special Weapons and Tactics (SWAT) team, a regional SWAT and Crisis Negotiation Team (CNT) with Officers from the cities of Los Alamitos, Seal Beach, Cypress, Fountain Valley, and Westminster.

The following constitutes an inventory of equipment known to be owned and/or utilized by law enforcement units with which the Los Alamitos Police Department collaborates and/or participates for law enforcement purposes, which are deemed to be military and militaristic as defined by this policy. The equipment in this section is primarily used by the members of the West County SWAT Team.

1. ARMORED VEHICLES
Description: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

Current Inventory:

LENCO BEARCAT G2
Description: Armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor, VIN FDAF5HT2BEC98082.

Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident.

Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Expected Lifespan: 25 years.

Fiscal Impact: Annual maintenance cost of approximately $10,000.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 9 Training: All driver/operators must first attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

Other Notes: The bearcat was obtained through the UASI group procurement process in 2012. The vehicle is currently stored at Westminster Police Department and used by the West County SWAT during training and SWAT operations for the region.

2. MOBILE COMMAND POST VEHICLE (MCP)
Description: A vehicle used mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.

Current Inventory:

FREIGHTLINER M2 106 VEHICLE
Description: The MCP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.

Quantity: 1
Purchase Price: Refer to Cypress Police Department policy Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place.

Authorized Use: Only officers trained in their deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP.

Furthermore, only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP. Situations which the MCP is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters.

Expected Lifespan: The MCP, 20-year lifespan on chassis and vehicle structure. Upgrades needed in 7 years to maintain IT systems.

Fiscal Impact: Annual maintenance cost is approximately $1,000. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.

Training: The driver/operator must first receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. Driver/ operators shall also undergo California Department of Motor Vehicles commercial vehicle testing and possess a Class B driver's license.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 10 Legal and Procedural Rules: It is the policy of the Department to use the MCP only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Other Notes: After the City of Anaheim UASI group completed the procurement process and the vehicle was built, the City of Cypress took delivery of the MCP on April 19, 2007. The City of Cypress entered into an agreement with the cities of Los Alamitos and Seal Beach to accept, house, utilize and cost-share repairs and routine maintenance for the regional MCP vehicle. The vehicle is currently housed inside a City of Seal Beach fire station (OCFA station #48) and is utilized by all three cities for special events that include DUI checkpoints, public relations presentations, and emergency incidents. The vehicle is also the primary command and control platform for West County S.W.A.T. during training and S.W.A.T. operations for the region. The vehicle is staffed with a team of City employees and designated volunteers from all three cities including the West Cities Police Dispatch Communications Center. Costsharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.

3. LIGHT SOUND DIVERSIONARY DEVICES (LSDD)
Description: A device used to distract dangerous persons.

Current Inventory:

COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG
Description: This is the standard diversionary flash-bang device. It is non-bursting, nonfragmenting single use device that produces a 175db and 6-8 million candela of light output. It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations.

Quantity: 1
Purchase Price: $45 each
DEFENSE TECHNOLOGY, NO. 15 STINGER GRENADE
Description: This is a hand-held, hand-thrown grenade and has an initial 1 second delayed fuse. Once the fuse is discharge at a low speed, the main charge detonates to produce a loud sound and bright flash of light, and the distribution of approximately 180 rubber pellets of.32 caliber size are expelled from the grenade, and the pellets can travel up to 50 ft. from the point of detonation.

Quantity: 14
Purchase Price: $36 each
Purpose: A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 11 overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use: Diversionary Devices shall only be used:
(a) By officers who have been trained in their proper use. (b) In hostage and barricaded subject situations.
(c) In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
(d) During other high-risk situations where their use would enhance officer safety. (e) During training exercises.

Expected Lifespan: Until used.

Fiscal Impact: No annual maintenance.

Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.

Legal and Procedural Rules: Use is established under the Department's Use of Force Policy.

It is the policy of the Los Alamitos Police Department to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Other Notes: This equipment is owned and operated by West County SWAT through the Cypress Police Department, which could result in its deployment and/or use in the City of Los Alamitos.

4. CHEMICAL AGENT AND SMOKE CANISTERS
Description: Canisters that contain chemical agents that are released when deployed.

Current Inventory:

DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM CS ROUND
Description: The Direct Impact 40MM CS munition is a point-of-aim, point-of-impact direct-fire round. The munition can be used to incapacitate a single subject or control a crowd. The munition is loaded with CS powder and is combined with lightweight, high-speed crushable foam projectile for maximizing the potential for incapacitation. Part Number 6322.

Quantity: 4
Purchase Price: $26.50 each
DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM OC ROUND
Description: The 40MM Direct Impact OC munition is a point-of-aim, point-of-impact direct-fire round. The munition is loaded OC powder and is combined with a lightweight,

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 12 high-speed projectile consisting of a plastic body and crushable foam nose. Part Number 6320.

Quantity: 5
Purchase Price: 26.50 each

DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE
Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 20 grams of agent during its 20-30 seconds burn time. The device is not launchable. Part Number 1032.

Quantity: 5
Purchase Price: $34.94 each

DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Description: The Spede-Heat CS Grenade is a high volume, continuous burn munition.

It expels a CS payload of 81.2 grams in approximately 20-40 seconds. The CS is discharged through four gas ports on top of the canister, three gas ports on the side, and one gas port on the bottom. The device is launchable. Part Number 1072.

Quantity: 1
Purchase Price: $28.30 each

DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING CANISTER Description: The Triple-Chaser separating CS consists of three separate canisters pressed together with separating charges between each section (canister). When deployed, this grenade will separate into three (3) distinct sub-munitions, spaced approximately 20ft. apart. This allows increased area coverage in a short period of time, from one deployment. Terrain and surface conditions can affect the distance of the separating sub-munitions. The device is specifically designed for outdoor use in crowd control situations. The separating function and relatively quick burn time minimizes the potential of a "throwback" from hostile or combative subjects. The munition is launchable. Part Number 1026.

Quantity: 1
Purchase Price: $44.89 each
DEFENSE TECHNOLOGY 40MM CS FERRET POWDER BARRICADE PENETRATING

PROJECTILE ROUND
Description: The 40MM CS Ferret Powder munition is a barricade penetrating round filled with a CS Powder chemical agent. It is a frangible projectile that is spin stabilized

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 13 utilizing barrel rifling of the 40MM launcher. It is non-burning and designed to penetrate barriers. It is primarily used to dislodge barricaded subjects and can also be used for area denial. It is used by tactical teams to penetrate barriers such as windows, hollow core doors, wallboard (drywall), and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside of a structure of vehicle. The active CS agent is 7.6 grams and instantaneously discharges on impact. Part Number 2292.

Quantity: 9
Purchase Price: $20.91 each
DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE PENETRATING

PROJECTILE ROUND
Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is 27.6 grams and instantaneously discharges on impact. Part Number 2262.

Quantity: 9
Purchase Price: $21.53 each
Purpose: To limit the escalation of conflict decrease the need for use of potentially lethal force when feasible. Situations for use of the less lethal weapon systems may include, but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Expected Lifespan: 5 years from manufacturing date.

Fiscal Impact: No annual maintenance.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 14 Legal and Procedural Rules: Use is established under the Los Alamitos Police Use of Force Policy. It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region.

5. EXPLOSIVE BREACHING TOOLS
Description: Tools that are used to conduct an explosive breach.

Current Inventory:

KINETIC BREACHING TOOL (KBT) MODEL 3-1000
Description: The KBT is a powder actuated kinetic energy forced entry tool. It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification. The impact plate automatically retracts and is reset in the breaching device. The KBT uses semi-automatic cycling, allowing repeated strikes on hardened or multiple targets. The KBT's intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated by a single officer/tactical team member. The KBT weighs 28 lbs. dimensions are 35in. x 9.9in. x 9.3in. and has an audible report of 115dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850ft. lbs. of kinetic energy through the steel ram. There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device.

Quantity: 1
Purchase Price: $10,494.38 each
Purpose: To safely gain entry into a structure.

Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

Expected Lifespan: Kinetic Breaching Tool (KBT) - 30 years. Blank cartridges – 5 years (preferably rotate rounds within 1 year).

Fiscal Impact: No annual maintenance.

Training: All officers who use explosive breaching tools shall first attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.

Legal and Procedural Rules: It is the policy of the Los Alamitos Beach Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 15 Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region.

6. LONG RANGE ACOUSTIC DEVICE (LRAD)
Description: A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

Current Inventory:

GENASYS LONG-RANGE ACOUSTIC DEVICE (LRAD) MODEL 500X
Description: The Genasys Long-Range Acoustic Device (LRAD) is a public address system optimized to the primary range of hearing. The LRAD system can deliver a live or recorded voice message with clarity for any operational scenario. LRAD's advanced driver and waveguide technology ensures every broadcast is clearly heard and understood, even above crowd, engine, and background noise. The LRAD 500X is compact, lightweight, and designed for applications ranging from fixed security installations to vehicles and vessels. The 500X is easily mounted and transportable to provide law enforcement long-range communication and safe, scalable non-kinetic escalation of force. The audible range of the LRAD 500X can reach up to 6,561 ft. American Technology Corp. Serial Number: 05984 UASI ASAUA/DHS Number 11-00456.

Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

Authorized Use: LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD.

Expected Lifespan: 25 years with proper maintenance
Fiscal Impact: No annual maintenance.

Training: Only officers trained in the use of the LRAD are authorized to set up and operate the device.

Legal and Procedural Rules: It is the policy of the Los Alamitos Police Department to utilize the Long-Range Acoustic Device (LRAD) only for official law enforcement purposes, and pursuant to State and Federal Law.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 16 Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Los Alamitos.

7. ROBOTS
Description: A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.

Current Inventory:

TRANSCEND Vantage Patrol Robot
Description: Transcend's Vantage robot is the world's only double-patented automatic stair and obstacle climbing robot for First Responders. It's the only option for First Responders that want their robot to "just figure it out" on the first attempt to climb stairs, clothes, and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what's happening before sending officers inside. Cameras: Drive Camera (Night Vision), Pan Tilt Zoom (25x zoom, 90/15 degree up/down tilt, auto infrared night vision), FLIR Thermal. 3 hours constant driving, 12 hours monitoring / intermittent driving. 100+ lb. payload, zero degree turning radius, two-way audio (push to talk), key ignition, easy battery swapping (robot and controller).

Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.

Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robot(s) identified above. Use is established by the Bomb Squad Commander or Incident Commander.

Expected Lifespan: 8 to 10 years.

Fiscal Impact: Annual maintenance and battery replacement cost is approximately $500.

Training: All robot operators must first complete the FBI's 6-week hazardous device school prior to operating the robot(s) identified above.

Legal and Procedural Rules: It is the policy of the Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach.

8. UNMANNED AIRCRAFT SYSTEM (UAS)

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 17 Description: A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

Current Inventory:

DJI INSPIRE 2
Description: UAS with a single-color camera, weighs approx. 7.5 pounds and has video recording capabilities, approx. 30 minutes of flight time.

Quantity: 1
Purchase Price: $5,299 each
DJI MAVIC 2 ENTERPRISE DUAL
Description: UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time.

Quantity: 1
Purchase Price: $5,500 each

DJI FPV
Description: UAS that has a color camera. Capable of video recording and weighs 295 grams, approx. 20 minutes of flight time.

Quantity: 1
Purchase Price: $1,300 each
Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
(a) major collision investigations
(b) search for missing persons
(c) natural disaster management
(d) crime scene photography
(e) SWAT, tactical or other public safety and life preservation missions (f) In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.

Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Expected Life Span: All UAS equipment, 3-5 years.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 18 Fiscal Impact: Annual maintenance and battery replacement cost is approximately $2,000.

Training Required: All Department UAS operators must be licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour Department training and ongoing quarterly training.

Legal and Procedural Rules: Use is established under Policy 606, FAA Regulation 14 CFR Part 107, and the City of Seal Beach UAS policy. It is the policy of the Seal Beach Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. 707.11 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.12 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policies in rendering mutual aid.

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/05/21, All Rights Reserved.

Published with permission by Los Alamitos Police Department ***DRAFT*** Military Equipment - 19 707.13 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.14 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

DocuSign Envelope ID: AB73E36D- 4252-A65- A7C6- E24E37AD89D8 SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen ( 15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 15th day of August, 2022.

L
DocuSigned by.
9-// v/ Jf{ Pow/
ht r 1101=/ A14oU
Shelley Hassefbrink, Mayor
ATTEST:

DocuSigned by:
3eDC , 2o64CAS4 9...

Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:

DocuSigned by:
r D2A022C0C4D1- 410...

Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, CMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 18th day of July, 2022 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on 15th day of August, 2022, by the following roll -call vote, to wit:

AYES: COUNCIL MEMBERS: Chirco, Doby, Bates, Hasselbrink NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Nefulda
ABSTAIN: COUNCIL MEMBERS: None
1695796. 1
DocuSigned by
Windmera Quintanar, MMC, City Clerk
CC ORD 2022- 04