Los Alamitos City Council
December 16, 2024

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

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

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

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

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

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

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

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11 attorneys’ fees and other related costs and expenses.

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

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

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

7. REPORTS AND RECORDS

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

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

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

7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall

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12 not be released publicly without the prior written approval of the Contract Officer.

8. ENFORCEMENT OF AGREEMENT

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

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

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

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

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

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

8.6 Termination for Default of Contractor.

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

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10)

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

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

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and

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14 employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS

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

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

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

Michael S. Daudt, City Attorney
Woodruff & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Contractor: EMTS, Inc.
2972 Larkin Ave.

Clovis, CA 93612

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

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

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

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

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

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

Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:

10.7.1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.

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

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

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16 10.7.4 Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

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

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

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

10.7.8 Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”

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

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17 authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

10.8 Water Quality Management and Compliance.

10.8.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.

10.8.2 Compliance with Water Quality Laws, Ordinances, and Regulations.

Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code § 1300 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

10.8.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Los Alamitos Local Implementation Plan (“LIP”), and the applicable Water Quality Management Plan (“WQMP”). Such documents contain the Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.

10.8.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 10.8.2 and 10.8.3 of this Agreement.

Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections 10.8.2 and 10.8.3 of this Agreement as they may relate to the Services.

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18 10.8.5 Liability for Water Quality Non-Compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 10.8.2 and 10.8.3 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 10.8.2 and 10.18.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, and policies described in subsections 10.8.2 and 10.8.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

10.9 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which the Party for which he/she is signing is bound.
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19 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:_______________________________
____________________________
Mayor
APPROVED AS TO FORM.

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

By:_______________________________
Windmera Quintanar, CMC
City Clerk
“Contractor”
EMTS, Inc.

By:_______________________________
Darin Sherlock
Regional Operations Manager
By:_______________________________
Name
Title

4899-3793-4597, v. 1
20 EXHIBIT “A”
CONTRACTOR’S PROPOSAL/ SCOPE OF SERVICES
DATED: _______ ___, 2024

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City of Los Alamitos
Request for Proposal (RFP) 2025-06

FOR PARKS AND LANDSCAPE MAINTENANCE SERVICES
October 2024

NOTICE TO PROPOSERS

1. Proposals will be received electronically through BidNet Direct (http://cityoflosalamitos.org/517/Bid-Opportunities).

2. Mandatory Pre-Submittal Meeting: Tuesday, November 5, 2024 at 10:00 AM at City Council Chamber at 3191 Katella Avenue, Los Alamitos, CA 90720.

3. Last date for Questions: November 13, 2024, at 10:00 am

4. Proposals must be received by 11:00 AM. on November 21, 2024.

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TABLE OF CONTENTS
REQUEST FOR PROPOSAL (RFP) 2025-06

FOR PARKS & LANDSCAPE MAINTENANCE

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SECTION I: INSTRUCTION TO BIDDERS…………………………………………….Page 5 SECTION II: SCOPE OF SERVICES…………………………………………………. Page 13 SECTION III: SUBMITTALS……………………………………………………………. Page 30 Forms to be submitted for a complete proposal:

Proposal Form-Attachment A……………………………………. Page 31
Response to Technical Questions-Attachment B……………. Page 34 Cost Proposal-Attachment C……………………………………. Page 36
Non-Collusion Affidavit-Attachment D………………………….Page 42
Exhibit A- Performance Deficiency Notification………………………………Page 43 Exhibit B- Landscape Maintenance Services Agreement…………………. Page 45 Exhibit C- Workers’ Compensation Insurance Certificate…………………...Page 65 Exhibit D- Endorsements to Insurance Policy…………………………………...Page 66 Exhibit E- Statement Regarding Insurance Coverage………………………..Page 67 Exhibit F- Statement Regarding Contractor’s Licensing Laws……………….Page 70

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NOTICE OF REQUEST FOR PROPOSAL (RFP) 2025-06

FOR PARKS & LANDSCAPE MAINTENANCE

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

PUBLIC NOTICE IS HEREBY GIVEN
Submission Deadline: Proposals are due no later than 11:00 A.M. (Pacific Standard Time) on November 21, 2024.

Obtaining a Copy of the RFP: A copy of the RFP is available through BidNet Direct (BidNet) online platform. The website address is: http://cityoflosalamitos.org/517/Bid-Opportunities.

Submittal of Proposal: Proposals must be prepared on the approved forms in conformance with INSTRUCTION TO BIDDERS and must be submitted electronically on BidNet , accessible through the City’s webpage at http://cityoflosalamitos.org/517/Bid-Opportunities where each prospective bidder must first register as a vendor through the City’s BidNet portal.

Contract documents, plans, and specifications if applicable will be available for review on BidNet.

Mandatory Pre-Preposal Meeting: There will be a Mandatory Pre-Proposal Meeting on November 5, 2024 at 10:00 A.M. at the City Council Chamber at 3191 Katella Avenue, Los Alamitos.

Contractor’s License Classification: The Contractor shall possess a valid and current California Contractor State Licensing Board (CSLB) license(s) in the classification(s) required by law to perform the work the at the time of submitting a proposal for this RFP: CSLB C-27 (Landscape Contractor) and C-61/D4-49 (Tree Service).

California Wage Rate requirements: The Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. In accordance with the provisions of Section 1773 of the California Labor Code, the general prevailing rates of per diem wages and holiday and overtime work in the locality in which the Work is to be performed shall be in accordance with the rates posted on the Department of Industrial Relations website, found at https://www.dir.ca.gov/OPRL/dprewagedetermination.htm, or visit their website at www.dir.ca.gov. The Contractor and any subcontractors under him shall pay not less than said specified rates and shall post a copy of said wage rates at the project site.

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.

Contact: Questions or Requests for Information (RFIs) or interpretations are due on November 13, 2024, and shall be submitted on BidNet portal. Please contact Lorry Hempe at [email protected] should you have questions about this procedure.

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BY ORDER OF the City Council of the City of Los Alamitos, California.

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SECTION I: INSTRUCTION TO BIDDERS

BACKGROUND
The City of Los Alamitos (City) has several parks and landscaped areas that it maintains.

The City is seeking qualified landscape maintenance contractors to provide regular maintenance of these landscape areas. The selected firm will work closely with City staff, to ensure the most appropriate care and maintenance of the City’s parks and landscape, are carried out with sensitivity to the City, its residents and visitors.

It is the intent of the City to award a Landscape Maintenance Services Agreement to the selected form in a form approved by the City Attorney. The City reserves the right to further negotiate the terms and conditions of the Agreement. The City shall preserve the right to reject any proposal for noncompliance with Agreement requirements and provisions, or to not award an agreement because of unforeseen circumstances or if it is determined to be in the best interest of the City. This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This Agreement may not be awarded to the lowest respondent. The City Council will approve, as part of the annual budget, an annual agreement amount. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the Community.

1. Project Expectations
This work consists of landscape and parks maintenance as best described under the scope of services.

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

2. Request For Proposal (RFP) Timeline
The tentative schedule of key milestones related to the City Tree Maintenance Services is as follows:
• Proposal Release Date October 22, 2024
• Mandatory Pre-Bid Meeting November 5, 2024

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• Last Day for Questions November 13, 2024, at 10:00 am • Proposal Submittal Due Date November 21, 2024, at 11:00 am • Interview of Shortisted Contractors November 27, 2024 (If needed)
• Council Award of Contract December 16, 2024

3. RFP and Relevant Materials Availability & Electronic Bidding Portal A copy of the RFP and other Bid Document are available through BidNet Direct (BidNet) online platform. The website address is: http://cityoflosalamitos.org/517/Bid-Opportunities.

All relevant materials shall be obtained from BidNet.

4. Examination of Contract Documents and Work Sites
Before submitting a proposal, the Respondent must (i) examine the Contract Documents thoroughly; including without limitation the Agreement wherein each of the other Contract Documents is identified; (ii) visit the sites and the locality where the work is to be performed to familiarize themselves with local conditions that may in any manner effect the cost, progress or performance of the work in strict accordance with the Contract Documents; (iii) familiarize themselves with federal, state and local laws, ordinances, rules and regulations that may in any manner affect the cost, progress or performance of the work in strict accordance with the Contract Documents; and (iv) study and carefully correlate Respondent's observations with the Contract Documents.

Reports, if any, of investigations of physical conditions at the work sites or otherwise effecting cost, progress or performance of the work, which have been relied upon by staff in preparing the specifications, are identified in the Scope of Services. Before submitting a proposal, the Respondent shall, at their own expense, make such additional investigations and tests as the Respondent may deem necessary to determine their bid for performance of the work in strict accordance with the Contract Documents.

By submitting a proposal, the Respondent warrants that they have complied with every requirement of this proposal and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

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5. Interpretation of Contact 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 November 13, 2024 by 10:00 am. 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/Bid-Opportunities) to ensure receipt of any addendum(a) prior to proposal submittals. Additionally, plans, specifications, bid document, addendum(a), questions and answers, forms to complete, supplements to construction documents or specifications will be available on the City’s BidNet Portal. City makes no guarantee that all Respondents will receive all addenda. All such addenda shall become part of the contract.

6. Submittal Requirements
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.

Proposals must include:
• Proposal Form -Attachment A
• Response to Technical Questions -Attachment B
• Cost Proposal-Attachment C
• Non-Collusion Affidavit -Attachment D
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.

Proposals shall include OSHA certification of all aerial equipment and the most recent California Highway Patrol Commercial Vehicle Inspection reports for equipment to be used throughout the term of this project. Both of these provisions shall be provided with the submission of proposals or if awarded, to be submitted along with the contract documents.

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

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

Respondents are required to submit (upload) all items on BidNet. Proposals will be received up to the hour of 11:00 a.m., on the 21st of November, 2024 and will be opened online at that time.

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

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

7. 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 which may be applicable.

8. Recognition Bonding Companies
All bonding companies used by the Contractor in this contract must be recognized by the Federal Government within Circular 570. All proposals or contracts received that include bonds posted by bonding companies not recognized in Circular 570 will result in the disqualification of the bid proposal and forfeiture of the bid bond.

9. RFP Amendments and Cancellation
The City reserves the unilateral right to amend this RFP in writing at any time. The City also reserves the right to cancel or re-issue the RFP at its sole discretion.

The City reserves the unilateral right to decline to award the contract to any of the Contractors submitting proposals.

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

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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. Postponement of Proposal Opening
The City reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced for bid due date.

12. Disqualification of Respondents
If there is reason to believe that collusion exists among the responders, none of the proposals of the participants in such collusion will be considered. In the event that any responder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the responder 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. Withdrawal of Proposal
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.

14. Award of Contract
It is the intent of the City to award an Agreement in a form approved by the City Attorney, to the selected contractor. The selected contractor will be required to enter into an Agreement with the City based upon the contents of the RFP and the contractor’s proposal. The City’s standard form of agreement is included as Exhibit B. The Respondent shall carefully review the Agreement and include with their proposal a description of any exceptions requested to the standard contract. The City reserves the right to further negotiate the terms and conditions of the Agreement. The City shall preserve the right to reject any proposal for noncompliance with Agreement requirements and provisions, or to not award an agreement because of unforeseen circumstances or if it is determined to be in the best interest of the City. This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This Agreement may not be awarded to the lowest Respondent. The City Council will approve, as part of the annual budget, an annual agreement amount. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the Community. This work consists of preventative maintenance and repair services as specified in the scope of services and/or Requests for Proposal. Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City is intended unless otherwise stated. As used herein, “provide”

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shall be understood to mean “provide complete”, in total. The word “facility” as used hereinafter shall be understood to mean the location receiving the service. The use of the words “Contractor” shall be held to mean the Contractor and/or any person employed by them and working under the agreement to the awarded Contractor.

Award will be made to the contractor who best meets the City’s requirements for all criteria described in this document. All contractors submitting proposals must hold a valid State California C-27 and a C-61/ D49 Contractor’s License. Contractor shall have a valid, unexpired Class C-61/D-49 (Tree Service) license at the time of submitting a proposal for this RFP. These licenses must be in good standing for the previous 7 consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs.

The contractor shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict, with the Tree Services Agreement, which may be delivered to said party or his representatives on the work.

15. Additional Contractor Responsibilities
The Contractor shall be responsible for completing the specified services in accordance with the City’s Tree Maintenance Agreement.

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.

If the services under this Agreement are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and the project site. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Contractor to comply with the Prevailing Wage Laws.

16. Permits and Codes
The Contractor will comply with all laws, codes, rules and regulations of the State, County, and City applicable to the work to be performed at the City’s location(s). The City will provide permits at no cost to the Contractor.

17. Fixed Fee and Pricing

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The Contractor shall provide a pricing proposal that is a fixed fee per tree per service.

Contractor will also include a cost-per-inch of trunk diameter on complete tree and stump removals. The price given by the Contractor for tree and/or stump removals shall include all staff, materials, and equipment necessary and backfilling with good quality topsoil.

18. Term of Agreement
The term of the agreement is for one three-year contract with an additional two optional three-year extensions by mutual agreement. The first year will start on January 20, 2024 and end on June 30, 2025. The 2nd and 3rd year starts July 1st and end on June 30th.

After the third year and at the first year of the first and second three-year extensions, a CPI increase is allowable subject to a maximum increase of 2.5%.

19. City Business License
Contractor must obtain a City business license prior to commencement of any work.

20. Execution of Contract
The contract agreement shall be executed in duplicate by the successful Respondent and returned, together with evidence of insurance, within ten (10) calendar days after the notification of the contract award by the City in writing. After execution by the City, one original contract shall be returned to the Contractor.

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

22. SB 854
Public works reforms (SB 854) were signed into law on June 20, 2014. The reforms made several significant changes to the administration and enforcement of prevailing wage requirements by the Department of Industrial Relations (DIR). Among other things, SB 854 established a public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bondfunded and other specified public works projects.

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SB 854 (Stat. 2014, chapter 28) made several changes to the laws governing how the Department of Industrial Relations (DIR) monitors compliance with prevailing wage requirements on public works projects. These new requirements apply to all public works that are subject to the prevailing wage requirements of the Labor Code, without regard to funding source. The City may only award public works projects to contractors and subcontractors that comply with the new Public Works Contractor Registration Law (SB 854). Contractors doing public works must register with DIR and meet the requirements before bidding on public works contracts in California. • No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

23. Requirements for Supplemental Information
Following the evaluation of proposals, and prior to any consideration of award, the apparent responsible contractor(s) may be required to provide supplemental information such as the number of employees, types of tools and vehicles used under this Contract.

The supplemental information will be used to evaluate the contractors’ ability to fulfill the terms of the Contract and determine the relative values and benefits of utilizing a Contract in lieu of City staff.

24. Selection Criteria
City will review and evaluate all proposals based on the following criteria:
• Completeness of Proposal
• Qualification/Personnel
• Approach
• Reference
• Reasonableness of Cost and Price

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SECTION II:

SCOPE OF SERVICES
The sections below provide the framework for the scope of services required.

1. General
The Contractor shall provide parks and landscape maintenance services inclusive of:
mowing and edging of turf areas, litter control, weed removal, tree trimming at medians, weeds and tree sucker removals at tree wells along certain parkways and service roads, cleaning the parking lot areas following the landscaped work, special seasonal display at Los Alamitos Boulevard median planter, and sweeping and blowing of hardscape areas as provided in the specifications to maintain various City facilities in accordance with the tasks and frequencies identified in the Scope of Services and Proposal Schedule.

2. Location of Work
Location of work are those sites identified under Proposal Schedule.

It shall be the Contractors’ responsibility to independently visit each site. It will be the Contractors’ responsibility to examine each site and to be familiar with the general condition of the site and its appurtenances and amenities. Contractors shall be deemed to accept the conditions and necessary work at any site for which they submit a proposal.

3. Qualifications of Contractor
Contractor shall be fully qualified by ability, knowledge and experience to satisfactorily perform the work required in these specifications and shall be engaged in the business of providing landscape maintenance services by the use of its own trained and qualified employees and equipment, material, supplies, except as specified in these specifications.

Contractor shall be fully licensed to perform the services required under the Contract.

4. Licenses
Contractor shall comply with the following:
a. Contractor shall possess C-27 Contractor’s License. The Contractors State License Board for the State of California has determined in writing that a C27 Landscape Contractor License is required to provide the service in these specifications.

Contractor shall hold a valid C27 Landscape Contractors License and any other required permit or licenses at the time the proposal is submitted. b. Contractor shall have a valid, unexpired Class C-61/D-49 (Tree Service) license at the time of submitting a proposal for this RFP.

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c. Contractor shall have a Pest Control Applicator’s license from the Department of Pesticide Regulations of the State of California.
d. Contractor must obtain and maintain in effect during the term of the Contract, a valid City of Los Alamitos Business License prior to commencement of work.

5. Disposal of Recyclables and Refuse
The Contractor shall comply with the City’s recycling efforts and program.

The City shall not be responsible for, or pay the costs of, the disposal of all trash, litter or debris collected (i.e., refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, trash can emptying, and litter control. The refuse collection by the Contractor in the performance of these tasks shall be disposed of at the site of collection.

Green waste collected from maintenance the City Complex shall be disposed of at City Hall, 3191 Katella Avenue and logged into the collection log form.

The Contractor shall maintain logs identifying its refuse collection and disposal activities to make those logs available to the City for inspection monthly.

The Contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable materials are the property of the City.

6. Environmental Requirements
Contractors shall conduct all aspects of its operation in compliance with all state and federal laws and regulations.

Contractors shall insure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City’s NPDES (National Pollutant Discharge Elimination Program) Permit and Storm Water Management Plan.

Contractor shall immediately inform the City of any investigation, citation or legal action by any state or federal agency related to Contractor’s obligations under this contract, and shall defend, indemnify and hold the City, its officials and employees harmless from any loss including, but not limited to fines, penalties and corrective measures the City may sustain by reason of Contractor’s failure to comply with any state or federal law, regulation or rule.

In preparing the proposal, the contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks:
a. The Contractor must conduct all operations in accordance with the City’s Stormwater Management Plan.

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b. Appurtenances must be cleaned by method(s) which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains.
c. All wash water must be disposed of to a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or pave surface where it would be carried to the storm drain system or to a water body. f. For washing operations, Contractors shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of .006 gallons of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City.
g. Contractor shall provide data to the City on pesticide and fertilizer used at the end of each month.
h. Contractor shall provide data to the City on green waste quantity disposed and recycled.
i. Every effort must be taken to minimize noise.
ii. The Contractor is encouraged to recycle green waste, keeping it separate from trash and other debris.
iii. Contractor shall have an Integrated Pest Management policy/program in effect.

7. Environmental Requirements
In the event that additional services are deemed necessary by the City for newlydeveloped landscaped areas and appurtenant structures within existing premises or any portion thereof the City may, at its discretion, increase the Contractor’s maintenance service requirements at the affected premises to provide for such additional services. If said additional services and costs related thereto are not otherwise provided for, the Contractor shall be compensated for the newly-developed area(s) based upon the Contract price provided for herein as said payment is applied on a unit cost as specified in the Contractor’s proposal.

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8. Damaged Caused by Contractor
All damage to existing facilities caused by the Contractor shall be repaired or replaced at the Contractor’s sole expense. All such repairs or replacements shall be completed within the time limits specified by the City:
a. Irrigation damage shall be repaired or replaced within one water cycle or 48 hours. Any irrigation equipment damaged shall replaced by the equivalent manufacturer equipment or as approved by the City.
b. All damages to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days.

All repairs or replacements shall be completed in accordance with the following maintenance practices:
a. Trees: Minor damage, such as bark lost from impact of mowing equipment, shall be subject to replacement with a tree comparable in species and size, as approved by the City.
b. Shrubs: Minor damage, such as shrub and plant material lost from impact of moving equipment, shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City. c. Appurtenances All damage caused to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, sprinkler, irrigation lines, controller boxes, concrete walks, railings, fencing and gardens caused by the Contractor, shall be corrected at the Contractor’s expense.

9. Hours and Days of Maintenance Services
Normal work hours are from 8:00 a.m. to 5:00 p.m., Monday through Thursday, unless otherwise specified. The Contractor shall perform work at such times as to minimize disturbance or interference to residence and to pedestrian or vehicle circulation.

Examples are early morning mowing, edging, blowing, etc. No routine mowing shall occur on Friday, Saturday or Sunday unless pre-approved by the City representative.

Schedule shall be submitted prior to starting any maintenance operations. All forms and schedules shall be in a format approved by the City.

Contractor shall perform work in accordance with pre-approved scheduled during City business or non-business hours, depending on the needs of the facility where work is performed. Changes in schedule by the City may be made with five (5) business days advance written notice to the Contractor. The Contractor must notify the City’s representative(s) of any problems or service interruptions within a minimum of seventytwo (72) hours. Unavoidable service disruptions may be made up subject to the sole discretion of the City’s representative(s). Costs associated with services that cannot be

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made up shall be subject to action provided for herein. Repeated service interruptions without justification or approval of the City’s representative(s) shall be subject to action provided for herein.

The Contractor shall provide adequate staffing to perform the required services during the prescribed times. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the City.

The basis daily hours of maintenance service shall be:

Monday through Thursday: 8:00 a.m. to 5:00 p.m.

Certain maintenance tasks may have time restrictions or extended time requirements.

Schools
Work near schools shall not commence earlier than 9:00 a.m..

10. Service Schedule
The Contractor shall, within ten (10) working days after the effective date of the Contract, submit a work schedule to the City's representative(s) for review and approval. Said work schedule shall be based on a twelve-month calendar identifying and delineating the time frames for the required work by the day of the week, morning or afternoon.

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the City's representative(s) for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work.

At the discretion of the City representative, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the City may be scheduled to determine progress and address any changes in schedules, problem areas, etc.

Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The Contractor shall adapt any or all schedules to the City's requests.

The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirements to notify the City for "Specialty Functions" as set forth herein.

11. Contractor’s Staff
The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein.

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Each crew of the Contractor's employees shall include at least one individual who speaks and comprehends the English language.

The City may, at any time, give the Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. The Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and the Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of the Contractor's employee(s) will not be detrimental to the interest of the City or public.

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

The Contractor shall require each of its employees to adhere to basic standards of workingattire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear the Contractor's identification logo. Shirts shall be worn at all times, and shall be buttoned and tucked-in. No caps with insignias or designs other than the Contractor's logo may be worn, and no caps shall be worn backwards.

The City shall approve the Contractor's uniform.

The City expects the Contractor’s staff to turn into City representative(s) (Contract Monitor) all items which have been lost or misplaced by the general public, regardless of perceived value. The Contractor shall communicate this expectation to all employees.

Contractor shall assign a supervision for the duration of the Contract. The Supervisor shall be capable of communicating effectively, both orally and in writing, in English.

12. Dress Code and Appearance
All Contractor's personnel shall wear uniforms bearing the company name while performing work on this contract. Sufficient changes of clothing shall be provided to present a neat and clean appearance of personnel at all times. The uniform shall consist of a shirt and jacket with the company name. Shirts, jackets, and caps used as uniforms shall bear the Contractor's identification logo. Shirts shall be worn at all times, and shall be buttoned and tucked-in. No caps with insignias or designs other than the Contractor's logo may be worn, and no caps shall be worn backwards. Safety vests are not considered part of the uniform, but are required in compliance with Section 4.2. Failure to comply shall result in a deduction of $100 per occurrence per day per employee.

13. Contract Enforcement

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The Contractor or its authorized representative shall meet on the site at least once a month, or more, at the discretion and convenience of the City, with an authorized representative of the City for a walk-through inspection and to address any problems or other issues. All scheduled and periodic maintenance functions shall be completed prior to this meeting.

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

At the request of the City, the Contractor, or its appropriate representative, shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract and description of City policies and procedures.

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

14. Traffic Control
The Contractor shall follow all guidelines and rules in the State of California Traffic Manual or Watch Book. Any lane closures shall be coordinated prior with the City representative.

Lighted sign or arrow boards are required as needed.

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

The Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area.

When working in road right-of-way, the Contractor shall comply with all procedures and requirements as specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones.

15. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Los Alamitos municipal code 17.24, that apply to any work performed pursuant to the Contract.

Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler.

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Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be paid.

16. Additions/Deletions the City’s General Maintenance Specification The City reserves the right to make additions, deletions, revisions and/or otherwise modify the General Landscape Maintenance Specifications. Any changes in the Specifications that cause the Contractor to suffer additional expenses will be paid in one of two ways:
in accordance with the proposal forms or actual costs plus 10% for materials, whichever is less.

17. Performance During Inclement Weather
a. During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its workforce to accomplish those activities that are not affected by weather. Adjusted work due to weather must be communicated and approved by the City representative.
b. The prime factors in assigning work shall be the safety of the workforce and damage tolandscaping.
c. During periods of excessive rainfall, the Contractor shall remove water from area drains, remove of minor silt and debris from perimeter areas and keep all draining facilities clear and inoperating condition.

18. Performance on Schedule
All work shall be completed on the day scheduled. All schedules shall be preapproved by the City representative.

Failure to complete the work as scheduled or as specified herein will result in the following actions:

The sum of up to $100 per day will be deducted from payments to the Contractor for each instance where an item of work is not completed in accordance with the schedule or Specifications.
a. Deficiencies: An additional amount equal to the costs incurred in completing the work by an alternate source whether it be City forces or separate private contractor even if it exceeds the Contract unit price will be deducted. b. In cases where Contractor fails to perform as required, the value of the contract

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"per day" will be deducted.
c. These actions shall not be construed as penalty but as adjustment of payment to the Contractor for only the work actually performed or as the cost to the City for inspection and other related costs for the failure by the Contractor to complete the work according to schedule.
d. The Contractor shall submit a monthly Maintenance Schedule to the City at the start of the Contract and in the event of any changes to the schedule outlining the scheduled functions and to include all elements within the Contract.

19. Maintenance Standards
This specification establishes the standard for the maintenance of landscaped areas and open spaces for the City of Los Alamitos.

The quality of landscape maintenance will continue to be evaluated for satisfactory progress. The Contractor's prime responsibility is to integrate innovative and progressive elements of high landscape maintenance standards and the objectives as set forth in this Specification.

The Contractor shall furnish all labor, equipment, materials, tools, services and special skills required to perform the landscape maintenance as set forth in this Specification and in keeping with the highest standards of quality and performance, as well as safe work practices and traffic controls.

Maintenance of the landscape shall include but is not limited to mowing and edging of turf areas, litter control, raking and trimming of planters, removing weeds and tree suckers from tree wells, applying herbicide when needed, sweeping, blowing of hardscape areas, and cleanup of drainage facilities.
a. Shrubs
i. General: Shrubs shall be pruned/trimmed as required for safety, removal of broken or diseased branches, general containment or appearance.
ii. Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use.

Coordinate with the City representative.
iii. Shrubs used as formal hedges or screens shall be pruned/trimmed as required to present a neat appearance.
iv. Remove any spend blossoms or dead flower stalks as required for neat, clean appearance. Daylilies shall be removed manually.

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v. Shrubs and mounding shall not exceed two feet (2’) in height within areas required for vehicular sight distance depending upon roadway topography.
vi. Any paper or litter that accumulates in ground cover areas shall all be picked up on a daily basis.
b. Vines
i. General: Vines and espalier plans shall be checked and re-tied as required. Secure vines with appropriate ties to promote directional growth on supports.
ii. Do not use nails to secure vines on masonry walls.
iii. Deep water vines in pockets not provided with sprinklers are required to promote optimum growth.
iv. Pruning/trimming of vines shall be in accordance with good horticultural practices.
v. Any paper or litter that accumulates in ground cover areas shall be picked up on a daily basis.
c. Ground Cover
i. General: Trim ground cover adjacent to walks, walls and/or fences as required for general containment to present a neat, clean appearance.
ii. Cultivate and/or apply approved herbicide to remove broad-leafed and grass weeds as required. Weeds shall be controlled and maintained to avoid excessive growth that results in an objectionable height. The City representative will determine objectionable height. Remove weeds by chemical or mechanical means as approved by the City representative. This includes medians, planters, and tree wells at City parks only.
iii. Any paper or litter that accumulates in ground cover areas shall be picked up on a daily basis.
iv. Keep ground cover trimmed back from all controller units, valve boxes, quick couplers or other appurtenances or fixtures. Do not allow ground covers to grow up trees, into shrubs or on structures or walls. Keep trimmed back approximately four inches (4") from structure or walls. Coordinate trimming around base of shrubs/trees with the City representative.
v. Bare soil areas shall be cultivated a minimum of once per month.

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d. Drainage Facilities
The Contractor shall continually inspect surface drains (such as bench drains and flow structures) located within the landscaped areas. Surface drains shall be checked and maintained free of obstruction and debris at all times to assure proper drainage. Remove any debris or vegetation that might accumulate to prevent proper flow of water. e. Litter and Debris Clean Up
i. Do not blow grass cuttings/debris into public streets, gutters, or gutters without being swept or vacuumed clean. Remove debris generated adjacent to landscape areas (i.e., sidewalks, streets, gutters). ii. Do not blow grass cuttings/ debris onto private property. iii. All litter and debris resulting from any of the Contractors’ operations, shall be removed and disposed of per the City’s requirement. iv. All walkways shall be kept clean/clear of debris and plant growth.

Care shall be taken not to create unnecessary hazards to foot traffic. f. Turfgrass
i. Mowing & Weeding: Mow, edge and remove weeds from
greenbelts, tree wells, medians, service etc., weekly.
ii. Cut cool season turfgrass 2 W' during warm season and reduce to

2.5”-3" during winter or cooler seasons. In warm seasons, common Bermuda shall be mowed to not exceed 2", hybrid Bermuda W' to %". Cut mixed turfgrasses to the City representative's
recommended height.
iii. A fine-cut flail mower, rotary mower, or reel mower that provides a smooth and continuous cut of turf at a %-inch height shall be acceptable. The type of mower required may vary for special events and conditions. Any acceptable mower shall be
configured so the outer edges of the blade extend 18-inches to 26-inches beyond the outer edge of the wheel. A mulching mower is preferred.
iv. In confined areas, grass clippings shall be caught at the time of mowing and disposed of off-site, and all mowers utilized for confined areas must have catchers. A "confined area" is defined as an area bordered by three or more sides by shrub beds, planters, hardscapes, walls, and fences or other likeborders. v. All safety equipment on mowers must be fully operational. vi. All equipment shall remain adjusted to the proper cutting heights and shall be adequately sharpened and maintained.
vii. Mowing shall be completed in one operation and not more than 1/3 of the total leaf height shall be removed during any single mowing operation.

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viii. More frequent mowing of turf may be authorized at the City's discretion.
ix. Turf shall be mowed within 6-inches of all appurtenances. x. Damaged appurtenances, sprinkler heads, valve boxes, valve box covers or vegetation shall be repaired immediately, isolated or otherwise addressed to ensure the safety of the site, the integrity of the systems and the viability of plant materials.
xi. When mowing, Contractor's staff must take care not to scratch or damage hardscapes, walls, planters, benches and other appurtenances. Before each mowing, the equipment used for this task must be inspected to ensure that it has not sharp or protruding rough parts (i.e. rollers, skids, brackets, blades, wheels, bed knives) which may cause damage.
xii. Litter shall not be shredded by mowers; Contractor shall not drive over or break glass bottles or other glass objects, nor drive over excessively wet areas. Contractor shall clean up and remove litter scattered or shredded by mowers prior to leaving the job site.

Litter includes any foreign matter, debris, broken glass, paper, feces, foods and similar materials.

Contractor shall remove all clippings and debris deposited on hardscapes and other surfaces as a result of mowing operations before leaving the site.

No clippings or debris shall be blown, swept or otherwise pushed into the street or storm drains.
g. Trimming and Edging
i. General: Trim around graphic walls, buildings, curbs, header boards, valve boxes, quick couplers and paved areas on a weekly basis to present a neat, clean appearance. All turfgrass contiguous to hardscapes shall be edged with a walk-behind, blade-type edger.

String trimmers are not acceptable as a replacement for a "walkbehind" blade-type edger. h. String Trimmers
Care shall be exercised regarding the use of string trimmers (weed eaters) to prevent damage to trees, building surfaces, walls, header boards, light fixtures, signage, etc. A maximum 12" bare soil buffer zone shall be maintained around the circumstance at the base of all trees. (Trees damaged by Contractor's operations shall be replaced at Contractor's sole expense.)
i. Tree Wells & Sidewalks
All tree wells at designated areas shall be cleaned weekly. This includes removal of weeds/vegetation from sidewalks and tree wells. Clean

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excessive dirt and weed buildup in gutters. Sidewalks adjacent to tree wells shall be cleaned.
j. Failure to meet Maintenance Standards will be handled with the following protocol:
i. Verbal communication of failure to meet maintenance standards. ii. Written communication of failure to meet maintenance standards. iii. Penalty fee of $100 per day will be deducted from payment to the contractor for each instance where maintenance standard was not satisfactorily met.

20. General Operations (applies to all landscape maintenance areas):
a. All sidewalk areas abutting maintained areas shall be cleaned when left unclean by Contractor's operations.
b. All human or animal feces or other materials detrimental to human health shall be removed from the areas.
c. All leaves and Landscape debris shall be removed from landscaped areas and disposed ofoffsite.
d. All broken glass and sharp objects shall be removed. e. All concrete bench drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow.
f. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to City representative.
g. All City parking lots (City Hall, the Community Center lot, Laurel Park, and Little Cottonwood Park) shall be blown weekly.

21. Hard Surface Areas
a. These areas include hardscape, DG areas, concrete sidewalks, bicycle trails, AC walkways, courtyards, etc.
b. All areas shall be swept or blown weekly to remove all deposits of silt and/or sand and glass.
c. All areas shall be inspected and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to

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the City representative within 24 hours of identification/discovery.

22. Disposal of Green Waste
Green waste debris is defined as all trimmings, brush, limbs, palm fronds and trunks generated from tree trimming, shrub trimming, and tree or shrub removal operations.

Green waste debris may also include up to 1% dirt, etc. perload.

23. Weed and Pest Control
Control of horticulturally damaging plant pests (insects, diseases, vertebrates, mites, etc.) shall be the responsibility of the Contractor. Written recommendations by a licensed California Agricultural Pest Control Advisor may be required by the City prior to any application of pesticides. Control shall mean the prevention or eradication of any weed or pest to the satisfaction of the City. The City may determine an acceptable level of impact by any pest and adjust the pest control program accordingly. Proper horticultural practices shall be part of the Contractor’s pest control program. Failure to prevent, treat, or manage any weed or pest infestation that results in a loss of plant material or creates a risk to public health and safety may be remedied by the City at the Contractor’s expense in the form of a reduction in payment.
a. All areas of trails, paths, and walkways shall be treated with an appropriate pre-emergent herbicide at the maximum allowable rate according to the label and State Regulations. This treatment shall be performed in conjunction with the scheduled site maintenance. b. All areas within the parks, which are not landscaped, shall be maintained and/or treated with an appropriate herbicide to eliminate invasive weeds in conjunction with the scheduled site maintenance.
c. In all areas prone to weed instruction, applications of appropriately labeled pre-emergent herbicide shall be required per annual maintenance as agreed upon by the City.
d. Pest problems will be treated on a site-and need-specific basis with the knowledge and consent of the City.
e. Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing in cracks, expansion joints, curb, gutter and all other hardscape surface areas adjacent to or within the park areas on a continual basis.

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24. Other
a. Landscaped areas (citywide) shall be physically and carefully inspected weekly for weeds and removed as necessary.
b. All shrubs, vines, and bushes (citywide) within landscaped areas shall be trimmed as necessary.
c. All trees within the island medians and service roads shall be trimmed as necessary.
d. Priority areas (Katella Avenue and Los Alamitos Boulevard median islands and service roads) shall be serviced twice a month. Priority areas are subject to change based on the City’s needs.

25. Safety
The contractor shall be responsible for providing a safe workplace and for compliance with standards and regulations of the California Occupational Safety and Health Act (Cal OSHA), Federal Occupation and Safety Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable government laws of City Risk Management standards.

26. Reports and Schedules
The Contractor shall submit reports and schedules as requested and as outlined below. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. Such reports must be detailed, thorough and may include but not be limited to the following:
a. Suggestions for improving problemareas.
b. Reports of workplanned.
c. Monthly MaintenanceSchedule(s).
d. Notification of change in scheduled work must be received by the City at least 12 hours prior to the scheduled time for work to begin. e. Accident Reportsshall be submitted immediately within 24 hours of the accident.
f. Incident Reports shall be submitted immediately within 24 hours of the incident.
g. Hazard Reports shall be reported immediately, and forms submitted monthly with any mvo1cmg.
h. All forms and schedules shall be of a format supplied by or approved by theCity.

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i. The Contractor shall adjust work schedule to accommodate all Cityobserved holidays and during storms and periods of excessiverainfall.

27. Emergency & Call Outs
The Contractor shall have the capability of receive and respond immediately to calls of an emergency nature during normal working hours. Outside of established working hours, call of an emergency nature received by the City may be referred to the Contractor for immediate disposition.

The Contractor shall supply the City with names and phone numbers of responsible persons representing the contractor for emergency response.

28. Pruning and Training Quality Standards
a. Shrubs, herbaceous plants, and groundcovers shall be pruned soon after the completion of a flowering and fruiting cycle, if fruits are desired. Raphiolepis fruits are not wanted; neither are those littering the pavement.
b. Remove flower stems to point of origin.
c. Remove branches growing beyond perimeter of foliage. It is an outline of a plant's shape. Cuts shall be inside of outer foliage and flush with branch of origin. Leave no butts or stubs. Do not trim off all foliage on one lane with hedge shears. Shearing is only for hedges, after thinning out big, long shoots.
d. Prune to retain the natural shape of plant. Shapes vary according to plant species. Some are wider than tall like Tam or Pfitzer junipers.

Some are upright like Xylosma and Photinia. There shall be no flat, square tops or unnaturalforms.
e. Prune off lower branches high enough for traffic clearance. f. Cut out dead, crossing, rubbing branches and v-shaped crotches, where applicable.
g. Undercut branches over 2" in diameter before final cut is made close to a scaffold (main) branch. Shredded, tom or ripped branches shall be re-cut cleanly.

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h. An exposed wound, as where a branch was removed, shall remain exposed. Do notpaint or apply any substance on a wound. It heals faster, with less disease than a covered wound.
i. Trees close together shall be separated by removal of intermingling branches. The exception is a large hedge or windbreak consisting of one species.
j. A young tree unable to stand upright shall be double staked. A tree too heavy for support by stakes shall have equally spaced guy wire ties to immovable stakes. The wire shall be on a 45° angle with the tree trunk.
k. Ties and guys should be tight enough to support the tree but loose enough to allow for growth and a few inches of movement, and in place between stakes or tree trunk.
l. Loosen ties that are so tight they are almost starting to girdle a branch or trunk.
m. An immovable trunk in wet soil is an indication it can stand without support. Remove stakes or guy wires.
n. Graphic descriptions on correct pruning and training of shrubs and trees is published by the International Society of Arboriculture (ISA) and the University of California Publications ANR Dept.

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SECTION III

SUBMITTALS
Complete Proposal Submittal consists of:

1. Proposal Form – Attachment A

2. Response to Technical Questions- Attachment B

3. Cost Proposal- Attachment C

4. Non-Collusion Affidavit- Attachement D

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PROPOSAL FORM -ATTACHMENT A
A. Company Information
Contractor Name: _________________________________________________________________ Contractor’s State License # and Expiration Date: ___________________________________ DIR Public Works: ________________________________________________________________ Physical Address: __________________________________________________________________ Name of Authorized Representative: ________________________________________________ Representative’s Email Address: ____________________________________________________ Representative Office Phone #_____________________________________________________ Representative Cell Phone #________________________________________________________ Company Website Address: ________________________________________________________ Company Type:  Corporation  LLC Partnership  Sole Proprietorship  Joint Venture
Date Company was Established: ___________________________________________________ Years of Experience: Respondent has______________ years of experience as a contractor in landscape maintenance.

B. Designation of Subcontractor
Listed below is the portion of work which will be done by any subcontractor:

Subcontractor Name: _________________________________________________________ Work to be performed:_________________________________________________________ Percentage of Work:____________________________________________________________ C. Addenda
Respondent acknowledges receipt of Addenda listed below by checking each Addendum received:

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Addendum #1: ____________________
Addendum #2: ___________________
Addendum #3: ___________________
Addendum #4: ___________________
Addendum #5: ___________________
Addendum #6: ___________________
D. Acknowledgement & Assurances
(a) Respondent has examined copies of all the Contract Documents, including without limitation the Agreement (Exhibit A) wherein each of the other Contract Documents is identified, and accepts all the terms and conditions thereof. (b) Respondent proposes and agrees, if this proposal is accepted, to enter into an agreement with City in the form included in the Contract Documents to complete all work as specified in the Agreement for the contract price and within the contract time indicated in this bid and in accordance with the Contract Documents.
(c) This bid will remain open and not be withdrawn for a period of ninety (90) days from the date of submittal. If awarded the contract, Respondent will sign the Agreement and submit the documents required by the Contract Documents within ten (10) days after the date of the award of the contract by the City Council.
(d) Respondent has examined the site and locality where the work is to be performed and the legal requirements and conditions affecting the cost, progress and performance of the work in strict accordance with the Contract Documents.
(e) The cost proposal must include a firm unit price for each maintenance service for Year 1 (January 20, 2025 – June 30, 2026), Year 2 (July 1, 2025 – June 30, 2026), and Year 3 (July 1, 2026 – June 30, 2027) that incorporates all aspects of the work plan and covers all tasks identified in the Scope of Work. (f) It is expected that general, overhead, and administrative costs are included in the monthly fee. It will be assumed that all contingencies and/or anticipated escalations are included.
(g) The respondent is fully qualified to perform the work.

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(h) The undersigned agrees that the City reserves the right to reject any or all proposals and reserves the right to waive informalities in proposals or proposals not affected by law, if to do so seems to best serve the public interest.

A signature by a principal or officer having the authority to negotiate and contractually bind and extend the terms of the written proposals is required. __________________________________ ______________________________ Print Name Signature of Representative
______________________________________ ______________________________ Company Name Date

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RESPONSE TO TECHNICAL QUESTIONS- ATTACHMENT B
On a separate paper, please provide brief narrative entitled, “RESPONSE TO TECHNICAL QUESTIONS-ATTACHMENT B” answering questions listed below.

Contractor must present evidence indicative of its ability to finance, provide, and sustain the specified landscape maintenance services to the satisfaction of the City.

Failure to include any of the following information as requested below, may cause proposal to be deemed non-responsive if the City has no prior experience with the Contractor.

1. Client References: On a separate sheet of paper, contractors must furnish a list of five (5) current customers, including the following information:
• Customer Company/Agency name
• Customer Contact Name and Title
• Phone Number
• Email Address
• Type of services provided to the customer
• Number of years contractor has provided service to the customer. • Year started working with the Customer
The City intends to contact these customers to determine reliability, Contractors’ performance, services and other information.

2. General Business Statement: A statement of all the important business activities of contractors’ major business. This statement should emphasize the required minimum of two (2) consecutive years of recent experience in the provision of the specified maintenance services at similar size facilities an areas (or with gross acreage equal to or greater than) with similar service levels as those required for this Contract. Contractors shall guarantee that the actual on-site supervisor or foreman shall possess this experience.

3. Personnel: List all key persons that will be supervising, scheduling and/or performing the scope of work. List their qualifications. Describe the makeup of your crew that will be handling the day-to-day work. Given the scope of work and expectations, how many crew members will you assign daily to the City daily.

4. Approach : Describe your approach to the Scope of Services and Standard of Performance and any special ideas, techniques, or suggestions that you think might make the Scope of Services and Standard of Performance implemented smoothly. Include the following information:
a. Describe your quality control plan and inspection.
b. Describe your company’s ability to address complaints and deficiencies.

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c. Describe your ability to roll out service by January 20, 2025.

5. Financial Statement: Most recent and complete financial statement of contractors’ current assets, liabilities and net worth.

6. Credit References: A minimum of five (5) credit or financial references giving names, street addresses and telephone numbers in each instance.

7. Work History: In addition to Client References, list all Contracts canceled or not renewed within the last three (3) years, giving reason for cancellation or non-renewal. Give names, street addresses and telephone numbers in each instance.

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Cost Proposal-Attachment C
List the Unit Prices and Item Amounts below:

SITE LOCATION TRIM
TREES

FREQUENCY ESTIMATED

QUANTITY

UNIT UNIT
PRICE
ITEM
AMOUNT

MEDIANS
Katella median
islands
East of the
605 freeway
to Walker
Street
Yes Every 2
Weeks
13,390 LF
Los Alamitos
Boulevard median
islands
South of
Coyote
Creek to
North of
Bradbury
Road
Yes Every 2
Weeks
9,088 LF
Rossmoor Islands East of Los
Alamitos
Boulevard to
West of Pine
Street
Yes Weekly 420 LF
Bradbury Islands East of Los
Alamitos
Boulevard to
West of Pine
Street
Yes Weekly 417 LF
Pine Street and
Katella Avenue
(median)
Pine Street/
Katella
Avenue
Weekly 462 SF
Reagan Street
(median)
Reagan St.
and Katella
Ave.

Weekly 431 SF

PARKWAYS AND

SERVICE ROADS
Farquhar Avenue –
Southside wall and
parkway area
East of
Bloomfield
Avenue to
America
Drive
Every 2
Weeks
1,847 LF

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SITE LOCATION TRIM
TREES

FREQUENCY ESTIMATED

QUANTITY

UNIT UNIT
PRICE
ITEM
AMOUNT
Farquhar Avenue south side Every 2
Weeks
8,712 SF
Los Alamitos
Boulevard parkway
west side
(Hedwig Rd.
to Bradbury
Road)
Weekly 59,100 SF
Los Alamitos
Boulevard parkway
east side
(Harrisburg
Road to
Orangewood
Avenue,
Good
Shepherd
Presbyterian
Church to
Mobil Gas)
Weekly 6,240 SF
Katella Avenue
parkway
south side (I605 to Polly
Pies )
Weekly 52,272 SF
Sierra Circle, green
belt
Cerritos and
Sierra Circle
Weekly 3,039 SF
Pine Street small planter
at the city
owned
parking lot
Weekly 40 SF
Reagan Street Reagan St.
and Catalina
St.

Weekly 481 SF
Reagan Street Reagan St.
and
Florista St.

Weekly 52 SF
Reagan Street 10942
Reagan St.

Weekly 55 SF
Reagan Street 10932
Reagan St.

Weekly 38 SF

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SITE LOCATION TRIM
TREES

FREQUENCY ESTIMATED

QUANTITY

UNIT UNIT
PRICE
ITEM
AMOUNT
Ticonderoga/Katella
service road
East of
Ticonderoga
Drive to the
west of 5008
Katella
Avenue
(Potholder
Café)
Every 2
Weeks
873 LF

PARKS & PARKING
LOTS
Sterns Park 3871
Farquhar
Avenue
Weekly 4,356 SF
Soroptimist Park 10822 Pine
Street
Weekly 3,920 SF
Stansbury Park 3711 Toland
Avenue
Weekly 21,780 SF
Labourdette Park 4401 Howard
Avenue
Weekly 8,712 SF
Little Cottonwood
Park
4000
Farquhar
Avenue
Weekly 235,224 SF
Orville R. Lewis Park 3662
Kempton
Drive
Weekly 47,916 SF
Laurel Park 10915
Bloomfield
Street
Weekly 139,392 SF

FACILITIES &

PARKING LOTS -

LANDSCAPE
Civic Center
Complex (to include
Roberts Park, rear of
Community Center)
3191 Katella
Avenue &
10911 Oak
Street
Weekly 26,136 SF
Oak Bike Path Oak Street to
Coyote
Creek Park
Weekly 1,016 LF

TREE WELLS
Ball Street Bloomfield
Street west of
Kaylor
Avenue
(both sides of
the street)
Bloomfield
Street east of
Every 4
weeks

ALL TREE
WELLS
EA

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SITE LOCATION TRIM
TREES

FREQUENCY ESTIMATED

QUANTITY

UNIT UNIT
PRICE
ITEM
AMOUNT
Kaylor
Avenue to
Cerritos
Avenue
(both sides of
the street)
Bloomfield Street Katella
Avenue to
Cerritos
Avenue
(both sides of
the street)
After Cerritos
Avenue on
the west side
of Bloomfield
Steet past
Ball Road
(west side of
the street
only all the
way to City
sign/City
limit)
Every 4
weeks

ALL TREE
WELLS
EA
Cerritos Avenue From the
bridge (west
of Los
Alamitos
Boulevard) to
Bloomfield
Street (both
sides of the
street)
After
Bloomfield
Street (only
southside of
street
towards
Lexington
Drive)
Every 4
weeks

ALL TREE
WELLS
EA

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SITE LOCATION TRIM
TREES

FREQUENCY ESTIMATED

QUANTITY

UNIT UNIT
PRICE
ITEM
AMOUNT
Farquhar Avenue East of Los
Alamitos
Boulevard to
Lexington
Drive
Every 4
weeks

ALL TREE
WELLS
EA
Katella Avenue East of 605
Freeway to
west of
Walker Street
-stop at All
American
Sign business
on the south
side of the
street
-stop at
Enterprise
Drive on the
north side of
the street
Every 4
weeks

ALL TREE
WELLS
EA
Lexington Drive From
Farquhar
Avenue to
City limit
-from
Katella
Avenue to
Cerritos
Avenue, west
side only
-from
Cerritos
Avenue to
the City
sign/city limit
Every 4
weeks

ALL TREE
WELLS
EA
Los Alamitos
Boulevard
From
channel
(south of
Bradbury
Road)to the
bridge north
of Los
Alamitos
Boulevard
Every 4
weeks

ALL TREE
WELLS
EA

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Breakdown the 3-Year cost (annually) below :

Contract Year Cost
Year 1 Cost
(January 20, 2025 to June 30, 2025)
Note: First Year Cost is for half a year $
Year 2 Cost
(July 1, 2025 to June 30, 2026) $
Year 3 Cost
(July 1, 2026 to June 30, 2027) $
TOTAL 3- YEAR COST
(January 20, 2025 to June 30, 2027) $
The Contractor shall be responsible for calculating and providing unit prices for the schedule. The Proposal Schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.

Proposal Schedule 3-Year Total: $ ________________________ Proposal Schedule in words:

Company Name of Proposer Date

4887-8462-8458, v. 1
42 NON-COLLUSION AFFIDAVIT-ATTACHMENT D
The undersigned declares:

I am the ______________________________ of __________________________________, the party making the foregoing bid.

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

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

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

4887-8462-8458, v. 1
43 EXHIBIT A-FORM

PERFORMANCE DEFICIENCY NOTIFICATION
Notification to:

Date: Time: Method:

The following performance deficiency(ies) has been observed and required immediate attention to correct.

Location: ____________________________________________________________________ ____________________________________________________________________________ Value of Deduction: $________________
City Representative will check deficient items and comment (if applicable) below:

1. Performance deficiency up to $100 per instance.
$_________________________

2. Failure to provide adequate equipment. Deduction of up to $100 per instance/per
work day. $ _______________________________________________________

3. Failure to protect public health and/or correct safety concerns. $______________

4. Failure to comply with water restrictions. $ ______________________________

5. Major irrigation deficiencies. $ ________________________________________

6. Failure to respond within 30 minutes to after-hours emergency page or respond
in the field within 1 hour to an after-hours emergency. $ ___________________

7. Failure to mow, edge, sweep, pickup trash/debris, rototill tot-lots, apply chemicals, prune in an approved, professional manner.
$____________________

8. Failure to respond during working hours to a page within 30 minutes. $________

9. Other: $ ____________________________
Comments: __________________________________________________________________ Please initiate the necessary corrective action(s) and notify the City representative when corrective action(s) are completed for re-inspection. ____________________________ ______________________________ Contractor (Sign & Date) City Representative (Sign & Date)

4887-8462-8458, v. 1
44 Exhibit B

LANDSCAPE MAINTENANCE SERVICES AGREEMENT

4887-8462-8458, v. 1
45 LANDSCAPE MAINTENANCE SERVICES AGREEMENT
[enter name of contractor]
THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (“Agreement”) is made and entered into, to be effective this ___ day of _______ 2024 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and ______________________, a ___________________, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

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

B. In response to City’s formal Request for Proposals No. __ (RFP), dated ______, 2024, Contractor has submitted to City a written proposal, dated ____ __, 2024, to provide the desired landscape maintenance services.

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

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

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the __________________ Proposal, dated _______ __, 2024, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

1.1.1 Contract Documents. This Agreement shall consist of the following: (1) the main body of this Agreement; (2) RPF No. ___, dated _____; and (3) Contractor’s Proposal, Exhibit “A”. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document,

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

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

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

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

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

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

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47 2. COMPENSATION

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

2.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within sixty (60) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.

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

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

3. SCHEDULE OF PERFORMANCE

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

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

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

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48 3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) calendar days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of _________, ending on _______ __, _____, unless extended by mutual written agreement of the Parties.

4. COORDINATION OF PROJECT SERVICES

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

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

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

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

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

4.4 Independent Contractor.

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

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

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

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

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

4.5 PERS Eligibility Indemnification.

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

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

5. INSURANCE

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

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

5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000.000.00) in the general aggregate.

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

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

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

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

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

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52 5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

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

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

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

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

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

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

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

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53 5.6.1 Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval.

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

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

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

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

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

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

5.10.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of

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

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

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

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

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

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

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

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55 attorneys’ fees and other related costs and expenses.

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

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

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

7. REPORTS AND RECORDS

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

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

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

7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall

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56 not be released publicly without the prior written approval of the Contract Officer.

8. ENFORCEMENT OF AGREEMENT

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

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

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

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

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

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

8.6 Termination for Default of Contractor.

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

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10)

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

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

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and

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58 employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

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59 10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

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

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

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

Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:

10.7.1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.

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

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

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

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

4887-8462-8458, v. 1
60 specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

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

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

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

10.7.8 Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”

10.7.9 Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

10.8 Water Quality Management and Compliance.

10.8.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or

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61 proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.

10.8.2 Compliance with Water Quality Laws, Ordinances, and Regulations.

Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code § 1300 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

10.8.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Los Alamitos Local Implementation Plan (“LIP”), and the applicable Water Quality Management Plan (“WQMP”). Such documents contain the Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.

10.8.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 10.8.2 and 10.8.3 of this Agreement.

Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections 10.8.2 and 10.8.3 of this Agreement as they may relate to the Services.

10.8.5 Liability for Water Quality Non-Compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 10.8.2 and 10.8.3 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 10.8.2 and 10.18.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water

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62 quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, and policies described in subsections 10.8.2 and 10.8.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

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

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63 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:_______________________________
Mayor
APPROVED AS TO FORM.

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

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
Name of Contractor
By:_______________________________
Name
Title
By:_______________________________
Name
Title

64 EXHIBIT “A”
CONTRACTOR’S PROPOSAL/ SCOPE OF SERVICES
DATED: _______ ___, 2024

65 EXHIBIT C
WORKERS’ COMPENSATION INSURANCE CERTFICATE
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
By:_______________________________________
Signature

________________________________________
Title
Attest:

By:_______________________________________
Signature

________________________________________
Title

66 EXHIBIT D

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 Insurers under the contracts of insurance for which the Certificate of Insurance is given.
_______________________________________
Authorized Insurance Agent
_______________________________________
Date

67 EXHIBIT E

STATEMENT REGARDING INSURANCE COVERAGE
REQUEST FOR PROPOSAL (RFP) 2025-06

FOR PARKS & LANDSCAPE MAINTENANCE

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified. 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:___________________________________________________________________

68 EXHIBIT F
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS
REQUEST FOR PROPOSAL (RFP) 2025-06

FOR PARKS & LANDSCAPE MAINTENANCE

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 therefore, 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.

69 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. 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.

70 Contractors’ License Number: _____________________________________________ License Expiration Date: __________________________________________________ Authorized Signature: ____________________________________________________ Date: _________________________________________________________________

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: December 16, 2024 ITEM NUMBER: 13E
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Notice of Completion (NOC) for the Laurel Park Tennis Court Fence Replacement Project (RFP No. 2024-02)

SUMMARY
The Laurel Park Tennis Court Fence Replacement Project (RFP No. 2024-02) has been completed. It is recommended that Council accept the work as complete, direct filing of the Notice of Completion (NOC), and authorize retention release to the contractor.

RECOMMENDATION

1. Accept the completion of construction by Harris Steel Fence Co., Inc. for the Laurel Park Tennis Court Fence Replacement Project (RFP No. 2024-02); and,

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

3. Authorize Staff to release the 5% retention to the contractor in the amount of $4,659.00, thirty-five (35) days after recording of the Notice of Completion.

BACKGROUND
The City Council approved the award of the agreement to Harris Steel Fence Co., Inc. on June 24, 2024, for the referencing of the chain-link fence that surrounds the tennis courts at Laurel Park. The scope of work included the installation of a new chain-link fence and windscreen.

The new fence and windscreen are designed to provide a visual contrast between the background and the balls, helping players more easily track the balls during gameplay and practice, thereby enhancing the overall court experience. The new fence will also provide security when the courts are locked up as the old fencing gates were damaged. Construction was completed on November 13, 2024.

DISCUSSION
The Laurel Park Tennis Court Fence Replacement Project has been successfully completed, with all work inspected and found acceptable. It is recommended that the work be formally accepted in accordance with the procedures for processing the Notice of Completion/Final Report and releasing the retention, as outlined by the California Public Contract Code.

FISCAL IMPACT

The project's total cost is $93,180.00, which includes the retention amount of $4,659.00. The project was part of the Capital Improvement Project (CIP) list and was expended out of account number 10-570-5501-2404.

Attachment: 1. Notice of Completion (NOC) for the Laurel Park Tennis Court Fence Replacement Project (RFP No. 2024-02)

RECORDING REQUESTED BY
AND MAIL TO:

City Clerk
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
No Consideration SPACE ABOVE THIS LINE FOR RECORDER

NOTICE OF COMPLETION NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 6103
for
Laurel Park Tennis Court Fence Replacement Project (RFP No. 2024-02) NOTICE IS HEREBY GIVEN THAT:

1. The undersigned are owners or corporate officers of the interest or estates stated below in property hereinafter described.

2. The full name of the owner is: City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, CA 90720

3. The work consisted of :

The City of Los Alamitos hired a contractor to replace the fence and windscreen at Laurel Park Tennis Court due to signs of degradation in the old chain-link fence and windscreen. The contractor removed and disposed of the existing materials and installed new ones to improve the overall court experience.

4. The work was completed on 11/13/2024

5. The contractor was: Harris Steel Fence Co., Inc.

Dated 12/17/2024
Steve Kim, Recreation Supervisor, City of Los Alamitos

VERIFICATION BY CORPORATION OWNER

STATE OF CALIFORNIA )
) SS

COUNTY OF ORANGE )
I, Steve Kim, Recreation Supervisor of Los Alamitos, a Municipal Corporation, and that he executed the foregoing Notice of the aforesaid interest or estates in the property therein described; and verify on behalf of the City of Los Alamitos; that the contents thereof, and the facts therein stated are true.

Steve Kim, Recreation Supervisor
Dated: 12/17/2024

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: December 16, 2024 ITEM NUMBER: 13F
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Notice of Completion (NOC) for the Laurel Park Tennis Court Resurfacing Project (RFP No. 2024-03)

SUMMARY
The Laurel Park Tennis Court Resurfacing Project (RFP No. 2024-03) has been completed. It is recommended that the Council accept the work as completed, direct filing of the Notice of Completion (NOC), and authorize retention release to the contractor.

RECOMMENDATION

1. Accept the completion of construction by Trueline Construction & Surfacing, Inc. for the Laurel Park Tennis Court Resurfacing Project (RFP No. 2024-03); and,

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

3. Authorize Staff to release the 5% retention to the contractor in the amount of $8,816.92, thirty-five (35) days after recording of the Notice of Completion.

BACKGROUND
The City Council approved the award of the agreement to Trueline Construction & Surfacing, Inc. on June 24, 2024. The scope of work included resurfacing the courts, applying a new paint scheme, converting one tennis court into two pickleball courts, and installing new benches with shade coverings. These improvements have refreshed the tennis courts, enhancing the playing experience and accommodating the growing popularity of pickleball.

Construction was completed on November 8, 2024,

DISCUSSION
The Laurel Park Tennis Court Resurfacing Project has been successfully completed, with all work inspected and found acceptable. It is recommenced to formally accept the work, in accordance with the procedures for processing the Notice of Completion/Final Report and releasing the retention, as outlined by the California Public Contract Code.

FISCAL IMPACT
The project's total cost is $183,228.40, which includes the retention bonus of $8,816.92. The project was part of the Capital Improvement Project (CIP) list and was expended out of

account number 10-570-5501-2404.

Attachment: 1. Notice of Completion (NOC) for the Laurel Park Tennis Court Resurfacing Project (RFP No. 2024-03)

RECORDING REQUESTED BY
AND MAIL TO:

City Clerk
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
No Consideration SPACE ABOVE THIS LINE FOR RECORDER

NOTICE OF COMPLETION NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 6103
for
Laurel Park Tennis Court Resurfacing Project (RFP No. 2024-03) NOTICE IS HEREBY GIVEN THAT:

1. The undersigned are owners or corporate officers of the interest or estates stated below in property hereinafter described.

2. The full name of the owner is: City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, CA 90720

3. The work consisted of :

The City of Los Alamitos hired a contractor to resurface the tennis courts, apply a new paint scheme, convert one tennis court into two pickleball courts, and install new benches at Laurel Park Tennis Court. These upgrades have revitalized the courts, improved the playing experience and support the growing popularity of pickleball.

4. The work was completed on 11/8/2024

5. The contractor was: Trueline Construction & Surfacing, Inc.

Dated 12/17/2024
Steve Kim, Recreation Supervisor, City of Los Alamitos

VERIFICATION BY CORPORATION OWNER

STATE OF CALIFORNIA )
) SS

COUNTY OF ORANGE )
I, Steve Kim, Recreation Supervisor of Los Alamitos, a Municipal Corporation, and that he executed the foregoing Notice of the aforesaid interest or estates in the property therein described; and verify on behalf of the City of Los Alamitos; that the contents thereof, and the facts therein stated are true.

Steve Kim, Recreation Supervisor
Dated: 12/17/2024

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: December 16, 2024 ITEM NUMBER: 14A
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Chet Simmons, City Manager
Matthew Lightner, Management Analyst
Subject: Possible Zip Code Adjustment Submittal to the United States Postal Service

SUMMARY
This report outlines Councilmember Doby's request to evaluate the zip code assignment for properties within the City limits of Los Alamitos but currently assigned Long Beach zip codes.

The impacted streets include Claremore Lane, Lilly Avenue, and Marna Avenue, located north of Coyote Creek.

RECOMMENDATION
Authorize staff to submit findings regarding zip code allocations for Claremore Lane, Lilly Avenue, and Marna Avenue to the United States Postal Service (USPS) for review and consideration of potential reassignment.

BACKGROUND
At the November 18, 2024, City Council meeting, Councilmember Doby identified a discrepancy affecting Los Alamitos residents living north of Coyote Creek. These residents reside within City limits but are assigned Long Beach zip codes (90808 or 90815).

Impacted Areas:

Claremore Lane: A gated community known as “The Bungalows,” comprising 38 townhomes, most of which are within Los Alamitos’ jurisdiction.

Lilly Avenue: Includes 17 single-family homes.

Marna Avenue: Consists of 16 single-family homes.

Although these properties are located within the City of Los Alamitos and Orange County, their assignment to Long Beach zip codes creates potential confusion and logistical challenges.

DISCUSSION
The USPS has sole authority over zip code assignments, which are determined based on geographic factors, such as proximity to post offices, rather than municipal boundaries.

Consequently, the affected properties were assigned Long Beach zip codes despite being under the jurisdiction of Los Alamitos.

A review of the City’s primary zip code (90720) revealed that its 4-digit extensions are nearing capacity. These extensions, which provide enhanced precision for mail sorting and delivery within specific areas, are essential for efficient postal operations in larger delivery zones.

Steps Taken:

Engagement with USPS:

Staff contacted USPS to understand the requirements and process for requesting a zip code reassignment. USPS clarified that a formal submission must include evidence substantiating the request.

Potential Outcomes:

Denial: If USPS denies the request, no changes will occur, and the current delivery model will remain in place.

Approval: If approved, the zip code adjustment may affect mail delivery logistics, including route modifications and potential staffing changes at USPS facilities.

Upon Council direction, staff will compile the necessary documentation to formally submit a zip code reassignment request to USPS. This submission will address the identified challenges and seek alignment between postal and municipal boundaries to enhance service delivery for affected residents.

Staff will then return with a Staff Report showing the outcome of the USPS investigation.

FISCAL IMPACT
This item has no fiscal impact.

Attachment: None