Agenda packet — Los Alamitos City Council, August 19, 2024 (part 2 of 3)

Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/22, All Rights Reserved.

Published with permission by Los Alamitos Police Department 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.

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Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/22, All Rights Reserved.

Published with permission by Los Alamitos Police Department 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.

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Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/22, All Rights Reserved.

Published with permission by Los Alamitos Police Department 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)

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Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/22, All Rights Reserved.

Published with permission by Los Alamitos Police Department 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.

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Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/22, All Rights Reserved.

Published with permission by Los Alamitos Police Department 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.

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Los Alamitos Police Department
Los Alamitos PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/22, All Rights Reserved.

Published with permission by Los Alamitos Police Department 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.

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

LOS ALAMITOS POLICE DEPARTMENT

MILITARY EQUIPMENT

ANNUAL REPORT
202
3

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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

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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.

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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.

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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

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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

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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.

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

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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).

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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.

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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:

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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:

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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.

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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.

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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.

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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.

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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.

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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

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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,

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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

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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.

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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:

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.

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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.

Current Inventory:

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.

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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:

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.

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.

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)

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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: $5,500 each

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

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.

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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.

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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).

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City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2024 ITEM NUMBER: 10F
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Kain Gallaugher, Captain
Subject: Orange County Grand Jury Report - Law Enforcement's Response to Mental Health Calls for Service

SUMMARY
Response to the May 30, 2024, Orange County Grand Jury Report titled, Law Enforcement's Response to Mental Health Calls for Service.

RECOMMENDATION

1. Approve the attached response to the Orange County Grand Jury report titled "Law Enforcement's Response to Mental Health Calls for Service".

2. Authorize the Mayor to sign the response letter on behalf of the City Council.

BACKGROUND
On May 30, 2024, the Orange County Grand Jury (OCGJ) released a report entitled "Law Enforcement' s Response to Mental Health Calls for Service" (Attachment 1), an investigative report on how prepared Orange County law enforcement agencies are to respond to mental health calls for service. As part of that analysis, the Grand Jury gave the following five findings.

1. Mental health training for law enforcement officers in Orange County exceeds the State's requirements, resulting in law enforcement applying these skills to better evaluate and handle mental health calls for service.

2. Law enforcement agencies in Orange County have developed unique ways to deal with mental health calls in their communities based on their particular needs and budgets, enabling law enforcement to better serve their communities.

3. Law enforcement collaboration with County PERT clinicians and Be Well mobile response units has been an effective tool when responding to mental health calls for service.

4. People with mental illness respond more positively to "soft uniformed" police personnel, which can be effective in de-escalating situations.

5. Providing follow-up case management is not only necessary but critical for the wellbeing of people experiencing mental health issues.

The Orange County Grand Jury's report prompted the City to respond to the findings. In the proposed response letter (Attachment 2), the City outlines its proactive and effective response

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to mental health calls for service. The Grand Jury's assessment acknowledged that law enforcement agencies across Orange County have implemented unique strategies to handle mental health calls effectively, leading to the absence of any recommendations in the report.

DISCUSSION
In compliance with California Penal Code §933 and §933.05, the City is required to provide a response to each of the Grand Jury findings and recommendations directed to the City by September 4, 2024. A copy of the Grand Jury Report is included as Attachment 1 to this report.

FISCAL IMPACT
None.

Attachment: 1. "Law Enforcement's Response to Mental Health Calls for Service"

2. City's Response Letter to Law Enforcement's Response to Mental Health Calls for Service

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ORANGE COUNTY GRAND JURY
700 CIVIC CENTER DRIVE WEST • SANTA ANA,
www.ocgrandjury.org
CALIFORNIA 92701 • 714/834-3320
• FAX 714/834-5555
May 30, 2024
Jordan Nefulda, Mayor
City of Los Alamitos
3191 Katella A venue
Los Alamitos, CA 90720
Dear Mayor Nefulda:

CONFIDENTI L
Enclosed is a copy of the 2023-2024 Orange County Grand Jury report, Law Enforcement's Response to Mental Health Calls for Service. Pursuant to Penal Code 933.0S(f), a copy of the report is being provided to you at least two working days prior to its public release. Please note that under that subsection, "No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report." (Emphasis added.) It is required that you provide a response to each of the findings and recommendations of this report directed to your office in compliance with Penal Code 933.0S(a) and (b), copy is enclosed.

Please distribute this report to your governing body.

For each Grand Jury recommendation accepted and not implemented, provide a schedule for future implementation. In addition, by the end of March of each subsequent year, please report on the progress being made on each recommendation accepted but not completed. These annual reports should continue until all recommendations are implemented.

Please mail the response to the recommendations to Maria Hernandez, Presiding Judge of the Superior Court, 700 Civic Center Drive West, Santa Ana, CA 92701, with a separate copy mailed to the Orange County Grand Jury, 700 Civic Center Drive West, Santa Ana, CA 92701, no later than 90 days after the public release date, June 5, 2024, in compliance with Penal Code 933, copy enclosed. The due date then is September 4, 2024.

Should additional time for responding to this report be necessary for further analysis, Penal Code 933.0S(b)(3) permits an extension of time up to six months from the public release date. Such extensions should be advised in writing, with the information required in Penal Code 933.0S(b)(3), to the Presiding Judge of the Superior Court, with a separate copy of the request to the Grand Jury.

We tentatively plan to issue the public release on June 5, 2024. Upon public release, the report will be available on the Grand Jury website at www.ocgrandjm:y.org.

MJV:jm
Enclosures: Grand Jury Report
Penal Code 933, 933.05
Cc: Chet Simmons, City Manager
Michael Claborn, Chief of Police
Very truly yours,
Michael
f'4--
J. Verrengia, Foreperson
2023-2024 ORANGE COUNTY GRAND JURY

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UI rl 1111HL

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Law Enforcement's Response to Mental Health Calls for Service Table of Contents
SUMMARY ...................................................................................................................... 1 BACKGROUND .............................................................................................................. 1 REASON FOR THE STUDY ........................................................................................... 2 INVESTIGATION AND ANALYSIS ................................................................................. 4 Legislative Acts to Support Mental Health Training for Law Enforcement.. .................. 4 Innovative Law Enforcement Mental Health Strategies ................................................ 5 Orange County Service Planning Areas (SPAs) ... .... ................... ... ............................. 9 Law Enforcement Partnerships .................................................................................. 10 COMMENDATIONS ...................................................................................................... 13 FINDINGS ..................................................................................................................... 14 RECOMMENDATIONS ................................................................................................. 14 RESPONSES ................................................................................................................ 15 REFERENCES .............................................................................................................. 17 GLOSSARY .................................................................................................................. 19 APPENDIX .................................................................................................................... 20 2023-2024 Orange County Grand Jury Page ii

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Law Enforcement's Response to Mental Health Calls for Service Orange County Intake Release Center (IRC} - The IRC is to be commended for partnering with the OCHCA to reduce inmate behavioral health crises.

FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.

Based on its investigation described here, the 2023-2024 OCGJ has arrived at the following principal findings:

F1. Mental health training for law enforcement officers in Orange County exceeds the State's requirements, resulting in law enforcement applying these skills to better evaluate and handle mental health calls for service.

F2. Law enforcement agencies in Orange County have developed unique ways to deal with mental health calls in their communities based on their particular needs and budgets, enabling law enforcement to better serve their communities.

F3. Law enforcement collaboration with County PERT clinicians and Be Well mobile response units has been an effective tool when responding to mental health calls for service.

F4. People with mental illness respond more positively to "soft uniformed" police personnel, which can be effective in de-escalating situations.

F5. Providing follow-up case management is not only necessary but critical for the wellbeing of people experiencing mental health issues.

RECOMMENDATIONS
Based on its investigation, the 2023 - 2024 OCGJ has determined that law enforcement agencies throughout Orange County have developed unique techniques to adequately address mental health calls, thus this report does not contain recommendations. 2023-2024 Orange County Grand Jury Page 14

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August 20, 2024
Honorable Maria Hernandez, Presiding Judge
Superior Court of California, County of Orange
700 Civic Center Drive West
Santa Ana, CA 92701
RE: Response to 2023-2024 Orange County Grand Jury Report “Law Enforcement Response to Mental Health Calls for Service”
Dear Judge Hernandez:

The City of Los Alamitos (City) has reviewed the Orange County Grand Jury Report titled “Law Enforcement Response to Mental Health Calls for Service.” As required by California Penal Code §933 and §933.05, the City is responding to the findings and recommendations included within the report. The required responses are contained below:

Findings and Responses:

Response: Agree
The Los Alamitos Police Department currently has four Homeless Liaison Officers (HLOs), all of whom have completed this mental health training. The City of Los Alamitos and the Los Alamitos Police Department have invested and will continue to invest in mental health training for employees and officers.

Response: Agree
The City of Los Alamitos and the Los Alamitos Police Department are invested in devising new and unique ways of handling homeless calls for service. The Los Alamitos Police Department regularly collaborates with surrounding agencies, such as the Long Beach Police Department, the Orange County Sheriff’s Department, and the Los Angeles Sheriff’s Department, to more seamlessly and comprehensively address issues that affect all agencies.

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F3. Law enforcement collaboration with County PERT clinicians and Be Well mobile response units has been an effective tool when responding to mental health calls for service.

Response: Agree
The City of Los Alamitos and the Los Alamitos Police Department have collaborated and will continue to collaborate with County PERT clinicians. Additionally, the Los Alamitos Police Department has used the Be Well Orange campus and found it to be a valuable resource.

F4. People with mental illness respond more positively to "soft uniformed" police personnel, which can be effective in de-escalating situations.

Response: Agree
Currently, the Los Alamitos Police Department’s Homeless Liaison Officers (HLOs) are full-time patrol officers who function as HLOs on an ancillary basis. If the Department is able to designate an officer as a full-time HLO in the future, serious consideration will be given to outfitting them in a “soft uniform.” F5. Providing follow-up case management is not only necessary but critical for the wellbeing of people experiencing mental health issues.

Response: Agree
The City of Los Alamitos and the Los Alamitos Police Department have implemented and will continue to provide follow-up case management services in collaboration with County PERT.

Recommendations and Responses:

Based on its investigation, the 2023-2024 OCGJ determined that law enforcement agencies throughout Orange County have developed unique techniques to adequately address mental health calls, thus this report does not contain recommendations.

In the event that you need additional information regarding the City’s responses, please contact City Manager, Chet Simmons, via email at [email protected].

Respectfully,
Jordan Nefulda, Mayor

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City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2024 ITEM NUMBER: 10G
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Michael Claborn, Chief
Subject: Orange County Grand Jury Report - E-Bikes Friends or Foe

SUMMARY
Response to the June 20, 2024, Orange County Grand Jury Report titled, "E-bikes Friend or Foe."

RECOMMENDATION

1. Approve the attached response to the Orange County Grand Jury report titled "E-bikes Friend or Foe".

2. Authorize the Mayor to sign the response letter on behalf of the City Council.

BACKGROUND
On June 20, 2024, the Orange County Grand Jury released a report titled, E-bikes Friend or Foe. The use of electric bicycles (E-bikes) has increased as our communities look to new and novel ways to commute and to reduce our reliance on automobiles. E-bikes are a costeffective alternative. However, they bring higher risks of accidents and injuries when compared to conventional bicycles. The public deserves education and safety regulations to mitigate this concern. The 2023-2024 Orange County Grand Jury (OCGJ) investigation into E-bike regulation, education, and safety focused on what, if any, pertinent regulations have been adopted by Orange County cities. The OCGJ investigation revealed that outside of the California Vehicle Code, the 34 cities, 13 of which are contract cities with the Orange County Sheriff's Department (OCSD), vary significantly in their regulations, safety (accidents, fatalities, etc.), enforcement, and education on E-bikes.

There is an urgent need to have consistent ordinances for the regulation and enforcement of safe E-bike use in all cities, school districts, parks, and unincorporated areas. Currently, there are significant differences in policy across cities. The recent surge in E-bike usage calls for immediate action to strengthen city oversight of this issue.

In compliance with California Penal Code §933 and §933.05, the City is required to provide a response to each of the Grand Jury findings and recommendations directed to the City by September 19, 2024. A copy of the Grand Jury Report is included as Attachment 1 to this report.

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DISCUSSION
The staff have reviewed the Grand Jury's Report and has prepared the attached responses to those findings and recommendations that were directed to the City of Los Alamitos. Topics discussed in the report include a brief history of E-bikes, the sales increase of E-bikes over the past 2 years, accidents and incidents with E-bikes are on the rise, as are complaints from citizens of Orange County about E-bikes, and the regulations of their use do not seem to have kept up.

In total, the Grand Jury contained three (3) findings and three (3) recommendations requiring a response by the City. The proposed City responses are included as Attachment 2.

FISCAL IMPACT
None.

Attachment: 1. "E-bikes Friend or Foe"

2. City's Response Letter to "E-bike Friend or Foe"

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The City of Los Alamitos (City) has reviewed the Orange County Grand Jury Report titled “E-bike Friend or Foe?” As required by California Penal Code §933 and §933.05, the City is responding to the findings and recommendations included within the report. The required responses are contained below:

Findings and Responses:

F1. The majority of Orange County’s 34 cities do not have ordinances or policies in place, which makes it difficult to address the safe operation and regulation of E-bikes leading to confusion.

Response: Agree
The City of Los Alamitos is currently in the process of developing policies and ordinances to address the safe operation and regulation of the use of E-bikes.

F2. Due to the increasing incidence of E-bike injuries and deaths, there is a need for consistent and accurate tracking by law enforcement and first responders, which does not exist now.

Response: Partially Disagree
E-bike injuries and deaths as it relates to traffic collision are consistently and accurately tracked through traffic collision reports and the Statewide Integrated Traffic Records System (SWITRS). The City of Los Alamitos itself could track these statistics involving E-bikes utilizing our current database.

F3. Training and education on E-bike use and safety varies from city to city causing confusion amongst bike riders.

Response: Partially Agree
The City of Los Alamitos and the Los Alamitos Police Department work in conjunction with the Los Alamitos School District with offering E-bike safety classes twice a school year to students who ride Ebikes. There have been some instances where students in the district ride their E-bikes from different cities,

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making it difficult to teach current ordinances and policies of other cities due to the fact there is not a standard state-wide policy or ordinance in relationship to the regulations on E-bikes.

Recommendations and Responses:

R1. Each Orange County city should have specific policies that define the rules of the road for use of E-bikes in their communities by December 1, 2024.

Response: The recommendation will be implemented by December 1, 2024.

The City of Los Alamitos is working alongside the Los Alamitos Police Department to develop and adopt various policies and/or ordinances to define the rules of the road for the use of E-bikes.

R2. Each Orange County city should have a mechanism in place to report accidents, injuries, and deaths involving E-bikes by December 1, 2024.

Response: The recommendation will be implemented by December 1, 2024.

The City of Los Alamitos and the Los Alamitos Police Department will have a mechanism in place to report accident, injuries, and deaths involving E-bikes by December 1, 2024.

R3. Each Orange County city should research and develop outreach and education programs regarding the safe operation of E-bikes for their residents by December 1, 2024.

Response: Recommendation has already been implemented
The City of Los Alamitos and the Los Alamitos Police Department currently work with the Los Alamitos School District with offering E-bike safety classes to all intermediate school students twice a year, in order to park their E-bikes on campus.

In the event that you need additional information regarding the City’s responses, please contact City Manager, Chet Simmons, via email at [email protected].

Respectfully,
Jordan Nefulda, Mayor

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City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2024 ITEM NUMBER: 10H
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Orange County Grand Jury Report - Talking Trash: Recyclables and Organic Waste

SUMMARY
The 2023-2024 Orange County Grand Jury (OCGJ) investigated how Orange County jurisdictions comply with the requirements and goals of the State of California Senate Bill 1383, which affects single-family residential units. The investigation is documented through a 2023-2024 Orange County Grand Jury report titled “Talking Trash: Recyclables and Organic Waste.” The report revealed that the approaches to meeting Senate Bill 1383’s requirements vary greatly from jurisdiction to jurisdiction. To maintain compliance with Penal Code 933.05(a) and (b), the Orange County Grand Jury requires responses from each of the agencies affected by the report’s findings, which includes the City of Fountain Valley, the Orange County Board of Supervisors, and thirty-two (32) other Orange County cities.

The presiding judge of the Superior Court must receive a response to each of the Grand Jury report findings and recommendations by September 10, 2024. City staff is seeking approval to respond to the Orange County Grand Jury.

RECOMMENDATION

1. Approve the attached response to the 2023-2024 Orange County Grand Jury Report titled "Talking Trash: Recyclables and Organic Waste."

2. Authorize the Mayor to sign the response letter on behalf of the City Council.

BACKGROUND
Organic waste comprises more than a third of the waste stream in California and includes green waste, wood, food waste, and fibers such as paper and cardboard. When left to decompose in landfills, organic waste releases large amounts of methane gas, which is harmful to the environment. In 2016, the State of California enacted Senate Bill (SB) 1383, requiring counties, cities, and other organizations responsible for waste collection to coordinate with residents to divert organic waste, including food scraps, from the landfill waste disposal stream.

SB 1383 set goals to reduce organic waste sent to landfills below the 2014 baseline by fifty percent (50%) no later than January 1, 2020, and seventy-five percent (75%) by January 1, 2025. This diversion goal is meant to move the State towards the desired “circular economy” where organic waste is collected, converted into new materials or products, and reused for

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other purposes. However, a 2023 Little Hoover Commission report states that despite the law’s requirements, the amount of organic waste sent to landfills statewide has increased twenty-three percent (23%) above the 2014 baseline.

DISCUSSION
The City’s responsibilities specified by SB 1383 relating to residential units include:
• Providing organics collection services for all residents. • Conducting education and outreach to the community.
• Procuring recyclable and recovered organic products.
• Securing access to recycling capacity.
• Monitoring compliance and conducting enforcement.

The Orange County Grand Jury (OCGJ) released the 2023-2024 “Talking Trash: Recyclables and Organic Waste” report on June 11, 2024. The report aimed to examine how the Orange County (OC) jurisdictions are responding to the organics' diversion mandate under SB 1383, successes and challenges, and the impact of this requirement on single-family residential units. The report focuses on the specific requirements associated with SB 1383, local actions taken so far to meet those requirements, the success of those actions and how they are measured, local agency outreach and education efforts, and the challenges that remain for the County of Orange and the county’s thirty-four cities.

The report identifies the following key challenges in implementing SB 1383:
• Container Standardization: Most Orange County jurisdictions have not yet required their haulers to distribute residential containers that meet the CalRecycle standardized colors, leaving legacy and often incorrect or illegible labeling and embossing in place.

Jurisdictions are not required to replace containers prior to January 1, 2036. • Funding and Enforcement: Two approaches to funding a solid waste management program are used: enterprise or general funds. The City of Los Alamitos has a solid waste enterprise fund. It is anticipated that all jurisdictions will eventually need to collect fines from residents for non-compliance. Each jurisdiction must develop a protocol for where the collected fines are deposited (enterprise fund or general fund). This process is still being assessed.
• Education and Outreach: Most jurisdictions heavily rely on paper mailings, which may not be the most effective way of reaching the public. In addition to paper mailings, the City has provided education and outreach through social media, a weekly e-newsletter, and the City's website.

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• Procurement of Recovered Organic Waste Products: The formula the State uses to calculate a jurisdiction's procurement target does not account for a jurisdiction’s population density or geographic size (square miles). Therefore, the current procurement requirements mandated by SB 1383 are unrealistic and unachievable by many jurisdictions. With that being said, Los Alamitos has complied with the procurement target set forth by CalRecycle.

The 2023-2024 OCGJ “Talking Trash: Recyclables and Organic Waste” report presents findings and recommendations. The City must submit responses to the Presiding Judge of the Superior Court for each finding and recommendation by September 10, 2024. City staff is seeking approval to respond to the Orange County Grand Jury.

FISCAL IMPACT
None.

Attachment: 1. "Talking Trash: Recyclables and Organic Waste"

2. OCGJ - SB 1383 Response Letter

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August 19, 2024
The Honorable Maria Hernandez
Presiding Judge of the Orange County Superior Court
700 Civic Center Drive West
Santa Ana, California, 92701
Subject: Response to Grand Jury Report Entitled “Talking Trash: Recyclables and Organic Waste”.

Dear Judge Hernandez:

Thank you for the report and for the time and effort involved in preparing it.

Please accept this letter as the City of Los Alamitos’s response to the Grand Jury’s report entitled, “Talking Trash: Recyclables and Organic Waste”. This report was presented to the City Council at their meeting held on August 19, 2024, whereby the City Council authorized the Mayor to deliver the City’s response to the Grand Jury.

Here are the City’s responses to the items requested by the Grand Jury, specifically for the City of Los Alamitos.

Findings:

F1 The majority of Orange County jurisdictions have not yet required their haulers to distribute residential containers that meet the CalRecycle standardized colors, leaving legacy and often incorrect or illegible labeling and embossing in place.

Response: Agree
F2 While a jurisdiction may not delegate its overall responsibility for compliance with State requirements to a hauler, some jurisdictions have designated the task of imposing and collecting fines from residents to the hauler per State law. However, not all jurisdictions are clear on who ultimately receives and retains the collected fines.

Response: Agree
F3 All jurisdictions will eventually start collecting fines from residents for noncompliance. Still, some have not yet determined whether the revenues will go into a waste and recycling enterprise fund or the jurisdiction's general fund.

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2 Response: Agree
F4 In most jurisdictions, education and outreach is a joint effort between jurisdiction, hauler, and sometimes consultants, with the jurisdiction reviewing the materials before publication. The methods of dissemination vary by jurisdiction and hauler but frequently rely on a resident actively seeking the information, which requires the resident to have some awareness of the new mandates in the first place. Most efforts primarily revolve around intermittent hard-copy paper mailings.

Response: Agree
F5 Most jurisdictions currently have no way to accurately determine the effectiveness of their respective education and outreach efforts other than the eventual inspections or audits that will take place.

Response: Agree
F6 There is some concern that there are not enough composting facilities in Orange County to process all organic waste, forcing some jurisdictions/haulers to transport it long distances for processing.

Response: Agree
F7 There is currently no infrastructure in the county that is a State-approved source of Renewable Natural Gas (RNG) and energy from organic waste. Jurisdictions that use vehicles running on RNG procured from non-approved sources cannot count that RNG towards fulfillment of their procurement requirement.

Response: Agree
FB The formula the State uses to calculate a jurisdiction's procurement target does not account for a jurisdiction's population density or geographic size (square miles). As such, meeting the annual procurement target presents a significant challenge for most jurisdictions.

Response: Agree
F9 Many Orange County jurisdictions could not meet the requirement in SB 1383 to reduce organic waste sent to landfills by the 2020 deadline. The required seventyfive percent reduction will unlikely be achieved by the 2025 deadline.

Response: Agree
F10 The current procurement requirements mandated by SB 1383 are unrealistic and likely unachievable by most jurisdictions.

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3 Response: Agree

RECOMMENDATIONS
R1 All jurisdictions should expedite acquiring and distributing residential containers that meet the CalRecycle standardized colors. Additionally, until the compliant containers can be distributed, all jurisdictions should ensure the labeling distribution for non-compliant containers that explains the current SB 1383 requirements applicable to their jurisdiction by June 30, 2025.

Response: This recommendation has been implemented.

R2 By December 31, 2024, all jurisdictions should ensure their waste hauling agreements are in compliance with State statute so that haulers may be designated to perform certain required tasks but are not improperly delegated overall responsibility for compliance. Additionally, all jurisdictions should ensure that any fines collected by a hauler are forwarded to the jurisdiction.

Response: This recommendation has been implemented.

R3 The OCGJ recommends that all jurisdictions utilize a dedicated waste and recycling enterprise fund for collection of fines for non-compliance with SB 1383 by December 31, 2024.

Response: This recommendation requires further analysis. An assessment determining if this recommendation is warranted and will also include working with our auditors to determine if creating a dedicated waste and recycling enterprise fund complies with our current accounting procedures. We will bring forth this assessment to our City Council by February 18, 2025.

R4 By December 31, 2024, all jurisdictions should diversify the methods and media used for education and outreach to include, among others, various social media platforms, emails to residents, newspaper, television, flyer mailings, community events, and appearances at other public gatherings.

Response: This recommendation has been implemented.

R5 By December 31, 2024, and in order to gauge the effectiveness of their education and outreach efforts, all jurisdictions should develop new methods to engage residents directly to help determine their awareness of the

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4 requirements associated with SB 1383, such as surveys, online quizzes, and door-to-door polling.

Response: This recommendation has been implemented.

R6 By June 30, 2025, the OCGJ recommends that all jurisdictions participate in the OCW&R-led efforts to develop a coordinated county-wide approach to the organics recycling infrastructure and programs as well as procurement requirements associated with SB 1383, working towards creating circular economy as a long-term goal.

Response: This recommendation has been implemented.

R7 By December 31, 2024, the Orange County Board of Supervisors and all Orange County cities should lobby appropriate members of the State Legislature and/or CalRecycle to revise the organic waste diversion targets to better reflect Orange County's waste amounts, revise the jurisdictions' procurement requirements to better represent the limited options currently available for procurement, the jurisdictions' varying populations, population densities, and geographic size, and to delay associated enforcement actions by the State.

Response: This recommendation has been implemented.

Sincerely,
_________________________
Jordan B. Nefulda, Mayor

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City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2024 ITEM NUMBER: 10I
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid to Hardy & Harper, Inc. for the Street Improvements on Various Streets FY 2022-2023 Project (CIP No. 23/24-03)

SUMMARY
This item recommends the awarding of a bid to begin the Street Improvements on Various Streets FY 2022-2023 Project (CIP No. 23/24-03). The City proposes to grind and overlay and slurry seal various residential streets throughout the City as part of the ongoing commitment to the pavement management program.

RECOMMENDATION

1. Award contract to Hardy & Harper, Inc., for construction for the Street Improvements on Various Streets FY 2022-2023 Project (CIP No. 23/24-03) project in the amount of $1,405,000.00; and,

2. Authorize the Mayor to execute the contract with Hardy & Harper, Inc. for the Street Improvements on Various Streets FY 2022-2023 Project (CIP No. 23/24-03) project; and,

3. Authorize the City Manager to add work and execute change orders in an amount not to exceed the contingency reserve of 10% or $179,000.

BACKGROUND
The citywide street improvement project proposes to grind and overlay and slurry seal various residential streets. It will also replace damaged curb & gutter and lifted sidewalk to correct drainage. ADA curb ramps will also be modified to current codes as necessary for accessibility.

Street striping is also included in the scope of work. The project includes the following streets:
• Kyle Street (South of Kinmount Street)
• Kaylor Avenue (Ball Road to Kinmount Street)
• Maple Street (South of Kinmount Street)
• Kinmount Street
• Farnham Avenue
• Catalina Street (Oak Street to Los Alamitos Boulevard) • Catalina Street (Cherry Street to Kyle Street)
• Noel Street (North of Katella Avenue)
• Glacier Circle
• Vicksburg Circle

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• Carlsbad Circle
• Interior Circle
• Ranier Circle
• Apollo Circle
• Saratoga Drive
• Langley Drive
• Essex Drive
• Enterprise Drive
• Midway Drive
• Ticonderoga Drive
• Ranger Drive
• Tarawa Drive
• Bunker Hill Drive
• Green Avenue (Saratoga Drive to Ticonderoga Drive)
• Howard Avenue (Lexington Avenue to Bennington Avenue)

DISCUSSION
Project Bid Results
Notices announcing the solicitation of bids for this project were posted in the local publications, consisting of the Event News-Enterprise and the F.W. Dodge publication. The project was also posted on Planet Bid.

Bids for the project were publicly opened on July 30, 2024 at 11:00 a.m. From the four (4) total bids received, it was determined that the lowest responsible bid submitted was from Hardy & Harper, Inc., with a total bid amount of $1,405,000.00. The bid results are provided below:

All American Asphalt $ 1,458,892.00
Hardy & Harper, Inc. $ 1,405,000.00
Onyx Paving Company, Inc. $ 1,482,000.00
RJ Noble Company $ 1,414,292.00
Average $ 1,440,046.00
The following represents an approximate timeline for the completion of the project:
• 08/19/2024 Award of Contract
• 10/01/2024 Start of construction
• 01/20/2025 End of construction

FISCAL IMPACT

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The total amount for the project is $1,969,000, which consists of the following:
• Bid amount - $1,405,000.
• Design, labor compliance reporting, advertisement, inspection services, construction management - $385,000
• 10% contingency - $179,000
Available funding for the projects is provided as follows:

General Fund: $1,000,000
SB1 Gas Tax: $660,000
Additional Funding Needed: $309,000
Total: $1,969,000
Attachment: 1. Hardy & Harper Agreement (CIP No. 23/24-03)

2. Exhibit A - Hardy & Harper Bid Submission (CIP No. 23/24-03 )

3. Bids Summary (CIP No. 23/24-03)

4. Los Alamitos Street Paving Map

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SECTION D – Page 2

CONTRACT INFORMATION AND DOCUMENT

ARTICLES OF AGREEMENT

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 23/24-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
THIS STREET IMPROVEMENTS ON VARIOUS STREETSS, SPECIFICATION NO.

CIP 23/24-03 AGREEMENT (“AGREEMENT”) is made and entered into for the abovestated project this 19th day of August, 2024, BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter designated as “AGENCY”, and Hardy & Harper, Inc. a California corporation, hereafter designated as “CONTRACTOR.” WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the STREET IMPROVEMENTS ON VARIOUS STREETSS, SPECIFICATION NO. CIP 23/24-03 shall consist of the Notice Inviting Electronic Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

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

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

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this AGREEMENT, CONTRACTOR offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (Section 16700, et seq.) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

ARTICLE III: Compensation

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SECTION D – Page 3

CONTRACT INFORMATION AND DOCUMENT
A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sum of One Million Four Hundred Five Thousand Dollars ($1,405,000.00) unless specifically approved in advance and in writing by AGENCY.

Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

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

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

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

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

A. The CONTRACTOR shall pay the prevailing wage rates for all work performed under the AGREEMENT. When any craft or classification is omitted from the general prevailing wage determinations, the CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. The CONTRACTOR shall forfeit as a penalty to AGENCY $200.00 or any greater penalty provided in the Labor Code

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for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation of the provisions of the Labor Code whether such worker is employed in the execution of the work by CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay each worker the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

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

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

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

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

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

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

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ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and specifications made a part of the invitation for bids. The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.

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

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

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

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

In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in

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CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided in the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT.

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

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

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

CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR.

CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected.

CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

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

If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are

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assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR contained in, resulting from or assumed under this AGREEMENT, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder.

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

ARTICLE IX: Dispute Resolution
A. In the event of a dispute arising out of the terms of this AGREEMENT, including any action brought to declare the rights granted herein or to enforce any of the terms of this AGREEMENT, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses.

Any court action arising out of this AGREEMENT shall be filed in the Los Angeles County Superior Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the City of Los Angeles or the City of Los Alamitos, California.

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

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

1.5 as though fully set forth herein.

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

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

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

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

AGENCY: Chris Kelley CONTRACTOR: Michael Amundson
CITY OF LOS ALAMITOS HARDY & HARPER, INC.
3191 Katella Avenue 32 Rancho Circle
Los Alamitos, CA 90720 Lake Forest, CA 92630
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

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

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

ARTICLE XV: General Provisions
A. All reports, documents or other written material (“written products” herein) developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of AGENCY without restriction or limitation upon its use or dissemination by AGENCY. CONTRACTOR may take and retain copies of such written products as desired,

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but no such written products shall be the subject of a copyright application by CONTRACTOR.

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

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

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

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

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

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this 19th day of August, 2024.

CONTRACTOR: HARDY & HARPER, INC.
__________________________________________
Michael Amundson, Vice President
Contractor’s License No. 215952
Subscribed and sworn to this _______ day of _________, 20__.

NOTARY PUBLIC ______________________________________________ (SEAL)

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AGENCY: ______________________________ __________
Jordan B. Nefulda, Mayor Date
City of Los Alamitos
ATTESTED: ______________________________ __________
Windmera Quintanar, MMC, City Clerk Date
City of Los Alamitos

APPROVED AS
TO FORM: ______________________________ __________
Michael S. Daudt, City Attorney Date
City of Los Alamitos
( E X E C U T E I N D U P L I C A T E )

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PAYMENT BOND

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 23/24-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project;
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law; NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of One Million Four Hundred Five Thousand Dollars ($1,405,000.00) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of ________________, 2024.

Contractor* Michael Amundson, Vice President
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
714-444-1851
Surety* _________________________________________________ _________________________________________________
_________________________________________________
________________________________________________
Subscribed and sworn to this___ day of _____________________, 2024.

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

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FAITHFUL PERFORMANCE BOND

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 23/24-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That Contractor’s Business Name, hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and
, a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LOS ALAMITOS, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of One Million Four Hundred Five Thousand Dollars ($1,405,000.00); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for the project entitled: STREET IMPROVEMENTS ON VARIOUS STREETSS, SPECIFICATION NO. CIP 23/24-03 CONTRACT which Contract is by this reference incorporated herein, and is required by AGENCY to give this Bond in connection with the execution of the Contract;
NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this_____day of , 2024.

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

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MAINTENANCE BOND

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 23/24-03

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

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of , 2024.

Contractor* Michael Amundson, Vice President
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
714-444-1851
SURETY* ______________________________________________
______________________________________________
______________________________________________
______________________________________________
Subscribed and sworn to this ........... day of ............................... , 2024.

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

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

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

DATE:

Contractor’s Business Name .
(Contractor)
By:
(Signature)
(Title)
Attest:

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

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ENDORSEMENTS TO INSURANCE POLICY
Name of Insurance Company:

Policy Number:

Effective Date:

The following endorsements are hereby incorporated by reference into the attached Certificate of Insurance as though fully set forth thereon:

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

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

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

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

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

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

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

Authorized Insurance Agent
Date:

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STATEMENT REGARDING INSURANCE COVERAGE

STREET IMPROVEMENTS ON VARIOUS STREETSS
SPECIFICATION NO. CIP 23/24-03

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

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

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

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

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

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

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STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS

STREET IMPROVEMENTS ON VARIOUS STREETSS
SPECIFICATION NO. CIP 23/24-03

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

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

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

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

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SECTION D – Page 18

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

Public Contract Code § 20103.5:

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

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

Contractors License Number: _____________________________________________ License Expiration Date: _____________________________________________ Authorized Signature: _____________________________________________ Date: _____________________________________________

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Street Improvements on Various Streets
Bid Opening Time and Date: July 30, 2024 at 11:00 AM
Code Description UOM Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment Code Quantity Price Total Cost Bid Rank Vendor Comment Buyer Comment A1 Project Information Sign Each A11 4300 43003 A11 3000 30002 A11 5500 55004 A11 1100 11001 A2 Cold Mill Existing Pavement 1.5-Inch
Uniform Depth
Square Foot/Feet A2 117000 0.55 643501 A2 117000 0.6 702002 A2 117000 0.66 772203 A2 117000 0.79 924304 A3 Cold Mill Existing Pavement 2.5-Inch
Uniform Depth
Square Foot/Feet A3 55200 0.71 391921 A3 552001 552003 A3 55200 0.88 485762 A3 55200 1.08 596164 A4 Construct 1.5-Inch Thick ARHM
Overlay
Ton A4 1100 196 2156003 A4 1100 160 1760001 A4 1100 169 1859002 A4 1100 247 2717004 A5 Construct 2.5-Inch Thick ARHM
Overlay
Ton A5 900 196 1764003 A5 900 160 1440001 A5 900 169 1521002 A5 900 220 1980004 A6 Remove Existing AC/AB and
Construct 6-Inch Full Depth Asphalt
Concrete Pavement
Square Foot/Feet A6 3700 17 629003 A6 3700 20 740004 A6 3700 13 481001 A6 3700 14.5 536502 A7 Remove and Construct 4-Inch Thick
PCC Sidewalk Per SPPWC STD Plan
113-2
Square Foot/Feet A7 200 19 38004 A7 200 15 30002 A7 200 16 32003 A7 200 14.7 29401 A8 Remove and Construct A2-8 Curb
and Gutter Per SPPWC STD Plan 120-

3. Match Existing
Linear Foot/Feet A8 500 97 485001 A8 500 100 500002 A8 500 123 615004 A8 500 105 525003 A9 Remove and Construct A1-6 Curb
Per SPPWC STD Plan 120-3. Match
Existing
Linear Foot/Feet A9 100 77 77002 A9 100 75 75001 A9 100 88 88004 A9 100 79 79003 A10 Remove and Construct Curb Case A,
Type 1 Per SPPWC STD Plan 111-5
Each A101 10500 105004 A101 8000 80002 A101 9900 99003 A101 7100 71001 A11 Remove and Construct Curb Case A,
Type 3 Per SPPWC STD Plan 111-5
Each A119 10500 945004 A119 8000 720002 A119 9900 891003 A119 5400 486001 A12 Remove and Construct Curb Case A,
Type 6 Per SPPWC STD Plan 111-5
Each A123 10500 315004 A123 8000 240002 A123 9900 297003 A123 6900 207001 A13 Remove and Construct Curb Case B,
Type 2 Per SPPWC STD Plan 111-5
Each A132 10500 210004 A132 8000 160002 A132 9900 198003 A132 6760 135201 A14 Remove and Construct Cross Gutter
Per SPPWC STD Plan 122-3
Square Foot/Feet A14 3400 41 1394004 A14 3400 30 1020001 A14 3400 33 1122003 A14 3400 32.5 1105002 A15 Remove and Construct Longitudinal
Gutter Per SPPWC STD Plan 122-3
Square Foot/Feet A15 650 41 266504 A15 650 30 195001 A15 650 33 214502 A15 650 38 247003 A16 Remove and Construct Alley
Approach Per SPPWC STD Plan 130-3
Square Foot/Feet A16 700 27 189002 A16 700 25 175001 A16 700 33 231003 A16 700 27 189002 A17 Remove and Construct Curb Drain
Per SPPWC STD Plan 150-4
Each A172 3850 77003 A172 1500 30001 A172 4400 88004 A172 1660 33202 A18 Slurry Seal, Type 2 Ton A18 420 465 1953004 A18 420 400 1680002 A18 420 420 1764003 A18 420 348 1461601 A19 Adjust to Manhole Frame and Cover
to Grade
Each A19 13 1640 213203 A19 13 1300 169002 A19 13 2222 288864 A19 13 1240 161201 A20 Adjust to Water Valve to Grade Each A20 21 1060 222601 A20 21 1300 273003 A20 21 1111 233312 A20 21 1350 283504 A21 Adjust Sewer Vault to Grade Each A213 4270 128104 A213 3000 90002 A213 3333 99993 A213 1240 37201 A22 Install Signing and Striping complete
per plans
Lump-Sum A221 62000 620001 A221 189900 1899004 A221 123216 1232163 A221 91650 916502 A23 Install loop detectors complete per
plans
Each A232 920 18402 A232 1000 20003 A232 1111 22224 A232 786 15721 B33 Cold Mill Existing Pavement 1.5-Inch
Uniform Depth
Square Foot/Feet B33 35000 0.66 231003 B33 35000 0.6 210002 B33 35000 0.66 231003 B33 35000 0.44 154001 B34 Construct 1.5-Inch Thick ARHM
Overlay
Ton B34 400 196 784004 B34 400 160 640002 B34 400 169 676003 B34 400 159 636001 B35 Remove Existing AC/AB and
Construct 6-Inch Full Depth Asphalt
Concrete Pavement
Square Foot/Feet B35 600 17 102003 B35 600 20 120004 B35 600 13 78001 B35 600 16.1 96602 B36 Remove and Construct 4-Inch Thick
PCC Sidewalk Per SPPWC STD Plan
113-2
Square Foot/Feet B36 300 18 54004 B36 300 15 45002 B36 300 16 48003 B36 300 14.5 43501 B37 Remove and Construct A2-8 Curb
and Gutter Per SPPWC STD Plan 120-

3. Match Existing
Linear Foot/Feet B37 100 97 97001 B37 100 100 100002 B37 100 123 123004 B37 100 102 102003 B38 Remove and Construct Curb Case A,
Type 1 Per SPPWC STD Plan 111-5
Each B382 10500 210004 B382 8000 160002 B382 9900 198003 B382 7100 142001 B39 Adjust to Manhole Frame and Cover
to Grade
Each B395 1640 82003 B395 1300 65002 B395 2222 111104 B395 882 44101 B40 Adjust to Water Valve to Grade Each B406 1060 63602 B406 1300 78004 B406 1111 66663 B406 1000 60001 B41 Install Signing and Striping complete
per plans.

Lump-Sum B411 4430 44302 B411 1200 12001 B411 55380 553804 B411 8750 87503 B42 Install loop detectors complete per
plans.

Each B424 920 36802 B424 1000 40003 B424 1111 44444 B424 743.5 29741 All American Asphalt Hardy & Harper, Inc. Onyx Paving Company, Inc. R.J. NOBLE COMPANY Total : $ 1458892.00 Total : $ 1405000.0 Total : $ 1482000.00 Total : $ 1414292.00

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City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2024 ITEM NUMBER: 10J
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid to Cat Tracking, Inc. for the Lexington Drive Traffic Calming, Visibility Improvement, and Parking Marking Modifications (CIP No. 23/24-09)

SUMMARY
This item recommends the award of a bid to begin the installation of the Lexington Drive Traffic Calming, Visibility Improvement, and Parking Marking Modifications Project.

RECOMMENDATION

1. Award contract for construction for the Lexington Drive Traffic Calming, Visibility Improvement, and Parking Marking Modifications Project (CIP No. 23/24-09) to Cat Tracking, Inc. for $19,950; and,

2. Authorize the Mayor to execute the contract with Cat Tracking, Inc., for the Lexington Drive Traffic Calming, Visibility Improvement, and Parking Marking Modifications Project (CIP No. 23/24-09); and,

3. Authorize the City Manager to add work and execute change orders in the amount not to exceed the contingency reserve of 20% or $3,990.

BACKGROUND
Striping and pavement markings help maintain safe, up-to-date standards that comply with current Federal and State guidelines. Street and pavement markings convey important safety messages to roadway users, calm vehicle speed, assist with safety for vehicles, bicyclists, and pedestrians, and provide directions for drivers.

Several complaints were received regarding speeding, lack of parking, and corner visibility along Lexington Drive between Katella Avenue and Farquhar Avenue. The City's Traffic Engineer evaluated the conditions and developed a plan to respond to residents’ concerns.

Lexington Drive is a 64-foot, two lanes (one lane in each direction) north-south roadway with parallel parking allowed on both sides. The posted speed limit is 30 miles per hour (mph).

Lexington Drive connects Katella Avenue to the north and entry into the Joint Forces Training Base (JFTB) to the south. The adjacent land uses are residential.

DISCUSSION

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The proposed plan will create an orderly traffic flow by keeping vehicles within the lane lines, improving safety, improving corner visibility at intersections and driveways, slowing down vehicle speed, and creating an additional twenty-six parking spaces along the entire length of Lexington Drive between Katella Avenue and Farquhar Avenue. The striping modification proposes installing two 11-foot travel lanes, ninety-five angled parking spaces (currently sixtynine parallel parking spaces), and a 2-foot buffer between travel lanes and the back of parking stalls.

Project Bid Results
Notices announcing the solicitation of bids for this project were posted in the local publications, including the Event News-Enterprise and the F.W. Dodge publication known as the "Green Sheet." The project was also listed online via Planet Bid.

Bids for the Lexington Drive Traffic Calming, Visibility Improvement, and Parking Marking Modifications Project were publicly opened on 07/10/2024 at 11:00 a.m. From the four (4) total bids received, it was determined that the lowest, most responsible bid submitted was from Cat Tracking, Inc., with a total bid amount of $19,950.00. All bid results are provided below:

CAT TRACKING, INC. $ 19,950.00
CHRISP COMPANY $ 46,255.00
WGJ ENTERPRISES INC, DBA PCI $ 22,500.00
SUPERIOR PAVEMENT MARKINGS $ 39,631.82
Average $ 32,084.21
The following represents an approximate timeline for the completion of the project, which consists of pavement markings, curb painting, and the placement of traffic/parking signage. • 08/19/2024 Award of Contract by the City Council
• 10/01/2024 Start of construction
• 11/11/2024 End of construction

FISCAL IMPACT
The total amount for the project is $23,940,000, which consists of the contractor's bid of $19,950 and the 20% contingency of $3,990. If Council approves this project, there is sufficient funding in the street maintenance division budget of Development Services.

Attachment: 1. Cat Tracking Agreement (CIP No. 23-24-09)

2. Exhibit A - CatTracking Bid Submission (CIP No. 23/24-09 )

3. Bid Results (CIP No. 23/24-09)

4. Lexington Angled Parking Plan

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SPC24-05
SECTION D – Page 2

CONTRACT INFORMATION AND DOCUMENT

ARTICLES OF AGREEMENT

SIGNING AND STRIPING IMPROVEMENTS
ON

LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

THIS SIGNING AND STRIPING IMPROVEMENTS ON LOS ALAMITOS
BOULEVARD AGREEMENT (“AGREEMENT”) is made and entered into for the abovestated project this 19th day of August, 2024, BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter designated as “AGENCY”, and Cat Tracking, Inc., a California corporation, hereafter designated as “CONTRACTOR.” WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the SIGNING AND STRIPING IMPROVEMENTS ON LOS ALAMITOS BOULEVARD shall consist of the Notice Inviting Sealed Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

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CONTRACT INFORMATION AND DOCUMENT
subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

ARTICLE III: Compensation
A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sum of Nineteen Thousand Nine Hundred Fifty Dollars ($19,950.00,) unless specifically approved in advance and in writing by AGENCY
Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

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

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

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

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CONTRACT INFORMATION AND DOCUMENT
E. This AGREEMENT is subject to Public Contract Code Section 6109:

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

ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and specifications made a part of the invitation for bids. The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.

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

AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or involve hazardous waste, and cause a decrease or increase in

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CONTRACT INFORMATION AND DOCUMENT
CONTRACTOR’s cost of, or the time required for, performance of any part of the work, AGENCY shall issue a change order under the procedures described in this AGREEMENT.

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

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

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

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

CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

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CONTRACT INFORMATION AND DOCUMENT
relating to or claimed to be in connection with or relating to the work performed under this AGREEMENT.

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

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

ARTICLE IX: Dispute Résolution
A. In the event of a dispute arising out of the terms of this AGREEMENT, including any action brought to declare the rights granted herein or to enforce any of the terms of this AGREEMENT, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses.

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

1.5 as though fully set forth herein.

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

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

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

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

AGENCY: Chris Kelley

CITY OF LOS ALAMITOS
3191 Katella Avenue
Los Alamitos, CA 90720
CONTRACTOR: Pam Follmer
CAT TRACKING, INC.
17 Commercial Avenue
Riverside, CA 92507
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

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

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

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SPC24-05
SECTION D – Page 10

CONTRACT INFORMATION AND DOCUMENT
CONTRACTOR: CAT TRACKING, INC.
__________________________________________
Pam Follmer, President
Contractor’s License No. 991122
Subscribed and sworn to this _______ day of _________, 2024.

NOTARY PUBLIC ______________________________________________ (SEAL) AGENCY: __________
Date
ATTESTED: __________
Date

APPROVED AS
TO FORM: __________
Date
______________________________
Jordan B. Nefulda, Mayor
City of Los Alamitos
______________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
______________________________
Michael S. Daudt, City Attorney
City of Los Alamitos
(E X E C U T E I N D U P L I C A T E)

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SPC24-05
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CONTRACT INFORMATION AND DOCUMENT

PAYMENT BOND

SIGNING AND STRIPING IMPROVEMENTS
ON
LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE (CIP 23/24-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project;
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law; NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of Nineteen Thousand Nine Hundred Fifty Dollars ($19,950.00) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of ________________, 2024.

Contractor*
Surety*
Pam Follmer, President
Cat Tracking, Inc.
17 Commercial Avenue
Riverside, CA 92507
951-682-1494
_________________________________________________
_________________________________________________
_________________________________________________
________________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of _____________________, 2024.

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SPC24-05
SECTION D – Page 12

CONTRACT INFORMATION AND DOCUMENT

FAITHFUL PERFORMANCE BOND

SIGNING AND STRIPING IMPROVEMENTS
ON

LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That Contractor’s Business Name, hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and
, a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LOS ALAMITOS, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of Nineteen Thousand Nine Hundred Fifty Dollars ($19,950.00); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for the project entitled: SIGNING AND STRIPING IMPROVEMENTS ON LOS ALAMITOS BOULEVARD CONTRACT which Contract is by this reference incorporated herein, and is required by AGENCY to give this Bond in connection with the execution of the Contract;
NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this_____day of , 2024.

Contractor* Pam Follmer, President
Cat Tracking, Inc.
17 Commercial Avenue
Riverside, CA 92507
951-682-1494
_________________________________________________
_________________________________________________
_________________________________________________
________________________________________________
Surety*

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

Subscribed and sworn to this___ day of ______________ , 2024 NOTARY PUBLIC .................................................................................................. (SEAL) (E X E C U T E I N D U P L I C A T E)

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SPC24-05
SECTION D – Page 14

CONTRACT INFORMATION AND DOCUMENT

MAINTENANCE BOND

SIGNING AND STRIPING IMPROVEMENTS
ON

LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
23/24-09

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of Nineteen Thousand Nine Hundred Fifty Dollars ($19,950.00), which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if CONTRACTOR shall remedy without cost to AGENCY any defects which may develop during a period of one (1) year from the date of recordation of the Notice of Completion of the work performed under the contract, provided such defects are caused by defective or inferior materials or work, then this obligation shall be void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the AGENCY in an amount to be fixed by the court. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of ...................................... , 2024.

Contractor*
SURETY* ______________________________________________
______________________________________________
______________________________________________
______________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Powers of Attorney must be attached.

Subscribed and sworn to this ........... day of ............................... , 2024.

NOTARY PUBLIC .................................................................................................. ................................................................................................................................. (SEAL) (EXECUTE IN DUPLICATE)
Pam Follmer, President
Cat Tracking, Inc.
17 Commercial Avenue
Riverside, CA 92507
951-682-149

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SPC24-05
SECTION D – Page 15

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

DATE:

Contractor’s Business Name .
(Contractor)
By:
(Signature)
(Title)
Attest:

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

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SPC24-05
SECTION D – Page 16

CONTRACT INFORMATION AND DOCUMENT

ENDORSEMENTS TO INSURANCE POLICY
Name of Insurance Company:

Policy Number:

Effective Date:

The following endorsements are hereby incorporated by reference into the attached Certificate of Insurance as though fully set forth thereon:

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

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

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

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

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

Authorized Insurance Agent
Date:

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SPC24-05
SECTION D – Page 17

CONTRACT INFORMATION AND DOCUMENT

STATEMENT REGARDING INSURANCE COVERAGE

SIGNING AND STRIPING IMPROVEMENTS
ON

LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09

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

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

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

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

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SPC24-05
SECTION D – Page 18

CONTRACT INFORMATION AND DOCUMENT
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS

SIGNING AND STRIPING IMPROVEMENTS
ON

LEXINGTON DRIVE BETWEEN KATELLA AND FARQUHAR AVENUE
CIP 23/24-09

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SPC24-05
SECTION D – Page 19

Public Contract Code § 20103.5:

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

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Notice
Basic Information
Details
Dates
Contact Information
Reference Number 0000352448
Issuing Organization City of Los Alamitos
Owner Organization City of Los Alamitos
Project Type RFP - Request for Proposal (Formal)
Project Number 23/24-09
Title Signing and Striping Improvements on Lexington Drive Between Katella & Farquhar
Source ID PU.AG.USA.2526713.C15800926
Location Orange County, California
Job Location City of Los Alamitos
Description The City of Los Alamitos proposes to modify existing signing and striping on Lexington Drive from Katella Avenue Farquhar Avenue.

Publication 05/28/2024 10:00 AM PDT
Question Acceptance Deadline 07/01/2024 11:00 AM PDT
Questions are submitted online Yes
Bid Intent Not Available
Closing Date 07/10/2024 11:00 AM PDT
Vandine Ouk
562-431-3538 ext. 301
[email protected]
23/24-09 - Signing and Striping Improvements on Lexington ... 07/10/2024 11:50 AM PDT Page 1 of3

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Bid Result Publication Revision
Superior Pavement Markings
Chrisp Company
PCI
Cat Tracking Inc.

Bid Results Email
Publication Type Unofficial Results
Organization Name Superior Pavement Markings
Bid Amount $39,631.82
Bid Rank 3
Address
5312 Cypress Street
Cypress California
90630 United States
Organization Name Chrisp Company
Bid Amount $46,255.00
Bid Rank 4
Address
43650 Osgood Rd
Fremont California
94539 United States
Organization Name PCI
Bid Amount $22,500.00
Bid Rank 2
Address
975 W. 1 Street
Azusa California
91702 United States
Organization Name Cat Tracking Inc.

Bid Amount $19,950.00
Bid Rank 1
Address
17 Commercial Avenue
Riverside California
92507 United States
Email Attachment(s)
File Size Uploaded Date Language
No Files
23/24-09 - Signing and Striping Improvements on Lexington ... 07/10/2024 11:50 AM PDT Page 2 of3

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Additional Recipients
Include notification issuer as an
additional recipient
No
23/24-09 - Signing and Striping Improvements on Lexington ... 07/10/2024 11:50 AM PDT Page 3 of3

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60° PARKING STALL DETAIL
DETAIL "A"

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299
USER: mtruong
FILE: W:\WE-CA\Los Alamitos, City of\112181 - LOS AL TE Svcs (Previous 107051)\Lexington Dr - Concept\LEXINGTON STRIPE-CONCEPT.dwg DATE: May 02, 2024 - 2:01pm Know what'sbelow.

Callbefore you dig.

LEXINGTON DR EXISTING STREET CROSS SECTION

PARKING STALLS

FARQUHAR AVE

HOWARD AVE

HOWARD AVE ALLEY

GREEN AVE
ALLEY

ALLEY KATELLA AVE

KATELLA AVE
LEGEND

LEXINGTON DRIVE

LEXINGTON DR PROPOSED STREET CROSS SECTION

GENERAL NOTES

CONSTRUCTION NOTES

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City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: August 19, 2024 ITEM NUMBER: 10K
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid to Buckley Building, Inc. for the Los Alamitos Police Department Vehicle Canopy Project (CIP No. 23/24-07)

SUMMARY
This item recommends awarding a bid to Buckley Building, Inc., DBA Outdoor Shade Concepts to begin the Los Alamitos Police Department Vehicle Canopy Project (CIP No. 23/24-07).

RECOMMENDATION

1. Award of contract for the Los Alamitos Police Department Vehicle Canopy Project (CIP No. 23/24-07) for $95,240 to Buckley Building, Inc., DBA Outdoor Shade Concepts;

2. Authorize the Mayor to execute the contract with Buckley Building, Inc., DBA Outdoor Shade Concepts for the Los Alamitos Police Department Vehicle Canopy Project (CIP No. 23/24-07); and,

3. Authorize the City Manager to add work and execute change orders in an amount not to exceed the contingency reserve of 10% or $9,524.

BACKGROUND
The Los Alamitos Police Department has faithfully served the residents day in and day out, living by the motto “Every Hour, Every Day”. Also, the Department assists agencies in neighboring cities when called upon. The walkways the officers utilize to get to their vehicles are exposed to the elements. The proposed canopy will provide cover from the elements as they exit their vehicle and enter the building. The protection from rain and the heat will help police officers keep their vehicles dry and cool throughout the year. Lighting will also be part of the project scope and this will provide security and safety for the officers.

DISCUSSION
Project Bid Results
Notices announcing the solicitation of bids for this project were posted in the local publication, the Event News-Enterprise and online via Planet Bid. Bids for the project were publicly opened on April 17th, 2024 at 11:30 a.m. One (1) total bid was received from Buckley Building, Inc., DBA Outdoor Shade Concepts, with a total bid of $95,240.

The following represents an approximate timeline for the completion of the project, which consists of installing and framing the canopy to cover the walkway adjacent to the building,

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canopy covering that will extend to cover the patrol vehicles, and lighting. 08/19/2024 Award of Contract
10/01/2024 Start of Construction
11/15/2024 End of Construction

FISCAL IMPACT
The bid amount of $95,240 and the 10% contingency of $9,524 will bring the project total to $104,764. The Capital Improvement Project (CIP) was approved for fiscal year 2023-2024.

Funding for the service will be expended out of Account No. 25-570-5503.2306.

Attachment: 1. Buckley Building, Inc. Agreement (CIP No. 23-24-07)

2. Exhibit A - Buckley Building, Inc. Bid Submission (CIP No. 23-24-07)

3. RFP Los Alamitos Police Department Vehicle Canopy Project (CIP No. 23-24-07)

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CA-1
1772924.1

PUBLIC WORKS AGREEMENT
[BUCKLEY BUILDING, INC., DBA OUTDOOR SHADE CONCEPTS]
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into, to be effective this 19th day of August 2024 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and BUCKLEY BUILDING, INC., DBA OUTDOOR SHADE CONCEPTS, 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 Los Alamitos Police Department Vehicle Canopy Project (“Project”).

B. In response to City’s Capital Improvement Project RFP No. 23/24-07 (CIP), dated April 15, 2024, Contractor submitted to City a written bid, dated June 17, 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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CA-2
1772924.1

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 Ninety Five Thousand Two Hundred Forty Dollars ($95,240.00) 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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CA-3
1772924.1
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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CA-4
1772924.1
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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CA-5
1772924.1
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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CA-6
1772924.1
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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CA-7
1772924.1
State of California
Contractor’s License No. 1062136
Contractor’s Business Phone: (562) 355-2252
Contractor’s Business Email: [email protected] Contractor’s emergency phone which can be reached at any time:

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CA-8
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, MMC
City Clerk
“Contractor”
Buckley Building Inc., DBA Outdoor Shade
Concepts
By:_______________________________
Trey Buckley
President
By:_______________________________
Trey Buckley
Secretary

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1772924.1
i

CITY OF LOS ALAMITOS

CALIFORNIA

REQUEST FOR BIDS

LOS ALAMITOS POLICE DEPARTMENT VEHICLE CANOPY PROJECT
CIP PROJECT NO. 23-24-07

PREPARED FOR

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

PREPARED BY

STEVE KIM
3191 KATELLA AVE.

LOS ALAMITOS, CA 90720
APRIL 2024

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1772924.1
ii

CITY OF LOS ALAMITOS

TABLE OF CONTENTS
FOR

LOS ALAMITOS POLICE DEPARTMENT VEHICLE CANOPY PROJECT
NOTICE INVITING BIDS.......................................................................................................NB-1 INSTRUCTIONS TO BIDDERS ............................................................................................. IB-1

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

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

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NB-1
1772924.1

NOTICE INVITING BIDS
FOR

LOS ALAMITOS POLICE DEPARTMENT VEHICLE CANOPY PROJECT
NOTICE IS HEREBY GIVEN that the City of Los Alamitos, as City, is seeking proposals from qualified firms to provide services for the LOS ALAMITOS POLICE DEPARTMENT VEHICLE CANOPY PROJECT (“Project”). Proposals will be received electronically through BidNet Direct (http://cityoflosalamitos.org/517/BidOpportunities).

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 current non-structural beams, installation of canopy cover with all hardware over the walkway, canopy cover with all hardware over seven(7) police vehicle parking stalls. Installation of bollards in front of each pole to reduce damage to the canopy frame. City-approved color scheme for canopy cover and frame as well as fire rated fabric to meet California State Fire Marshall requirements.

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

SUBMITTAL OF BIDS: Bids 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-BID MEETING: Pro
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

LOS ALAMITOS POLICE DEPARTMENT VEHICLE CANOPY PROJECT

1. BACKGROUND
The City of Los Alamitos (City) is soliciting bids from qualified professional to furnish and install a canopy covering over the walkway and patrol vehicles in the Police Department. The Los Alamitos Police Department has faithfully served the residents day in and day out living by the motto “Every Hour, Every Day.” The Los Alamitos Police Department also assists agencies in neighboring cities. The canopy will provide shade from the elements and they exit their vehicle and enter the building. The protection from rain and the heat will help police officers keep their vehicles dry and cool throughout the year.

The purpose of this RFB is to provide the City with the best possible canopy covering 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. RFB TIMELINE
The schedule of key milestones related to the City Tree Maintenance Services is as follows:
• Bid Release Date April 16, 2024
• Optional Pre-Bid Site Visit April 30, 2024, 1:00PM
• Last Day for Questions April 29, 2024
• Bid Submittal Due Date May 9, 2024, 5:30PM
• Council Award of Contract June 17, 2024

3. RFB AND RELEVANT MATERIALS AVAILABILITY & ELECTRONIC BIDDING PORTAL A copy of the RFB 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/BidOpportunities) 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

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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 RFB 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. Bids will be received up to the hour of 5:30 p.m., on the 9th of May, 2024.

A bid received after the time set for the bid 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 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

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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
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

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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 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.

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

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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 $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

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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

BID PROPOSAL
FOR

LOS ALAMITOS POLICE DEPARTMENT VEHICLE CANOPY PROJECT
TO CITY OF LOS ALAMITOS, as CITY:

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

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Standard Specifications, 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.

Buckley Building Inc.,
DBA: Outdoor Shade Concepts

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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
Buckley Building Inc.,
DBA: Outdoor Shade Concepts June 17, 24
16317 1/2 Piuma Ave.

Cerritos, CA 90703
Trey Buckley
(562) 355-2252 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:

Buckley Building Inc., DBA: Outdoor Shade Concepts
16317 1/2 Piuma Ave., Cerritos, CA
[email protected] (562) 355-2252
1062136 - B, C61/D03
08/2019? 01/31/2026
Trey Buckley
n/a
Outdoor Shade Concepts

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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
Buckley Building Inc., DBA: Outdoor Shade Concepts

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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

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.

Buckley Building Inc., DBA: Outdoor Shade Concepts
City of Los Alamitos
10911 Oak St., Los Alamitos, CA 90720
(562) 430-1073 Steve Kim
Preschool Canopy Awning
El Camino College
Various Awning Projects
16007 Crenshaw Blvd., Torrance, CA 90506
(310) 363-1106 Robert Brobst
California State University - Dominguez Hills
1000 E. Victoria St., Carson, CA 90747
(310) 243-2752
Various Awning Projects
Cal Coast Insurance
11021 Winners Cir Suite 206, Los Alamitos, CA 90720
(562) 598-9701

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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 1062136 - B, C61/D03
Buckley Building Inc., DBA: Outdoor Shade Concepts
Buckley Building Inc., DBA: Outdoor Shade Concepts
16317 1/2 Piuma Ave. Cerritos, CA 90703
PW-LR-1000710960
Trey Buckleyh President
Buckley Building Inc., DBA: Outdoor Shade Concepts
16317 1/2 Piuma Ave. Cerritos, CA 90703
California
Trey Buckley Trey Buckley

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CITY OF LOS ALAMITOS

BID PROPOSAL SCHEDULE
FOR

LOS ALAMITOS POLICE DEPARTMENT VEHICLE CANOPY PROJECT

BASE BID ITEMS
Item Description
Est.

Quantity Units
Unit
Price
Total
Cost
1 BASE SERVICES:

Section 1 - Fabricate and install a
new awning over the open
walkway between the door and
the northeast corner roof. The
awning is to mount on the ledger
board and sit atop the existing
structural beam. The awning will
extend slightly past the front of the
beam (for water to run onto the
parking canopy or over the front
where the canopy is not). The
awning framework is to be made
from 1 ¼” x 1 ¼” (perimeter
framework members) and 1” x 1”
(interior rafter members)
galvanize, square, steel tubing
painted to a City-approved color
scheme.

Section 2 - The awning is to
mount onto structural beam and
extend out to the front of the
parking stalls. The canopy will be
supported by four (4), 4” x 4” posts
in footings to be dug by contractor.

The footings will need to be
excavated during the installation
process. The posts will be set into
the concrete footings. Bollards will
be added in front of the post to
avoid the post being damaged by
any vehicle. Bollards will be made
from 3 ½” x SCH 40 pipe and be
powder coated yellow for high
1 LUMP
SUM
$12,590.00
$46,990.00

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visibility. Bollards will be filled with
concrete per ASTM 3016. The
awning framework is to be made
from 1 1/2” x 1 1/2” (perimeter
framework members) and 1 1/4” x
1 1/4” (interior rafter members)
galvanize, square, steel tubing
and painted with City-approved
color scheme. The awning will
contain a 2” x 4” galvanized steel
beam across the center of the
awning to incorporate lighting (by
others).

Section 3 - Fabricate and install a
new awning canopy over the
parking area for police vehicles at
the north side of the Police
Department building. The awning
is to mount onto structural beam
and extend out to edge of the
parallel parking space. This
awning will connect with the
east side awning (Item #2)
where the parallel parking
space adjoins the front parking
spaces. This will create an
awning to look like one that
wraps around the building. The
canopy will be supported by four
(4), 4” x 4” posts in footings to be
dug by contractor. The footings
will need to be excavated during
the installation process. The posts
will be set into concrete footings.

The post locations will be
confirmed with the police dept. to
ensure the posts are in the most
unintrusive locations. Bollards will
be added in front of the post to
avoid the post being damaged by
any vehicle. Bollards will be made
from 3 ½” x SCH 40 pipe and be
powder coated yellow for high
visibility. Bollards will be filled with
concrete per ASTM 3016. The
awning framework is to be made
from 1 1/2” x 1 1/2” (perimeter
framework members) and 1 1/4” x
$35,660.00
$95,240.00

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P-9
1772924.1
1 1/4” (interior rafter members)
galvanize, square, steel tubing
and painted to City-pproved color
scheme. The awning will contain a
1” x 2” galvanized steel beam
across the center of the awning to
incorporate lighting (by others).

The awning cover will be made
from fabric that meets all
California State Fire Marshall
requirements and also Cityapproved color scheme.

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.

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 $95,240.00
$95,240.00
Ninety-Five Thousand Two Hundred Forty
00

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P-10
1772924.1
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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1772924.1

BIDDER'S NAME

NON-COLLUSION AFFIDAVIT TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )
) SS

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ______________________ [city], ______ [state].”
Signed
Title
Buckley Building Inc., DBA: Outdoor Shade Concepts
6/17/24
Cerritos CA
Trey Buckley, President

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CA-1
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 Los Alamitos Police Department Vehicle Canopy Project (“Project”).

B. In response to City’s Capital Improvement Project No. 23-24-07 (CIP), 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.

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”).

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CA-2
1772924.1

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.

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

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Los Alamitos City CouncilAugust 19, 2024

Los Alamitos City Council
August 19, 2024