SPC24-05
SECTION D – Page 15
CONTRACT INFORMATION AND DOCUMENT
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
DATE: Contractor’s Business Name .
(Contractor)
By:
(Signature)
(Title)
Attest:
By:
(Signature)
(Title)
Note: See Section 5 Legal Relations and Responsibilities, Subsection 5-4 of the Standard Specifications for insurance carrier rating requirements.
SPC24-05
SECTION D – Page 16
CONTRACT INFORMATION AND DOCUMENT
ENDORSEMENTS TO INSURANCE POLICY
Name of Insurance Company:
Policy Number:
Effective Date:
The following endorsements are hereby incorporated by reference into the attached Certificate of Insurance as though fully set forth thereon:
1. The naming of an additional insured as herein provided shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured, and
2. The additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extensions thereof, and
3. The additional insured named herein shall not by reason of being so named be considered a member of any mutual insurance company for any purpose whatsoever, and
4. The provisions of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of the additional insured named herein without first giving such additional insured twenty (20) days’ written notice.
5. Any other insurance held by the additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance, which is referred to by this certificate.
6. The company provided insurance for this certificate is a company licensed to do business in the State of California with a Best’s rating of A+ VIII or greater.
It is agreed that the City of Los Alamitos, its officers and employees, are included as Additional Insureds under the contracts of insurance for which the Certificate of Insurance is given.
Authorized Insurance Agent
Date:
SPC24-05
SECTION D – Page 17
CONTRACT INFORMATION AND DOCUMENT
STATEMENT REGARDING INSURANCE COVERAGE
STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 5.4 LIABILITY INSURANCE of Section E, Standard Specifications. Should Bidder be awarded the contract for the work, the undersigned further certifies that Bidder can meet all of these specification requirements for insurance including insurance coverage of his/her subcontractors.
NAME OF BIDDER: ........................................................................................................
MAILING ADDRESS: ........................................................................................................ ........................................................................................................ ........................................................................................................
AUTHORIZED SIGNATURE: ........................................................................................................
TITLE: ........................................................................................................
DATE: ........................................................................................................
SPC24-05
SECTION D – Page 18
CONTRACT INFORMATION AND DOCUMENT
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS
STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor’s license as set forth below:
Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1)The person is particularly exempted from this chapter. (2)The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
c) This section shall not apply to a joint venture license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser. d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void.
SPC24-05
SECTION D – Page 19
CONTRACT INFORMATION AND DOCUMENT
f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.
Public Contract Code § 20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.
However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.
Contractors License Number: _____________________________________________ License Expiration Date: _____________________________________________ Authorized Signature: _____________________________________________ Date: _____________________________________________
SPC24-05
SECTION E – Page 1
STANDARD SPECIFICATIONS
SECTION E
STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
STANDARD SPECIFICATIONS
SPC24-05
SECTION E – Page 2
STANDARD SPECIFICATIONS
STANDARD SPECIFICATIONS
STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
0-1 STANDARD SPECIFICATIONS
Except as hereinafter amended, the provisions of the 2021 Edition of the “Green Book,” Standard Specifications for Public Works Construction (“SSPWC”), with the latest Supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and these modifications thereto are adopted as the “Standard Specifications” for the Agency. These Standard Specifications will be numbered as Sections 0 through 800 per the SSPWC.
0-2 NUMBERING OF SECTIONS
The numbering of sections and subsections in these amendments and modifications are compatible with the numbering of sections in the SSPWC.
0-3 AMENDMENTS AND MODIFICATIONS
The following sections of the SSPWC are amended as provided herein. In the event of any inconsistencies between the amendments outlined herein and the SSPWC, these amendments shall control.
1-2 TERMS AND DEFINITIONS
Add the following:
Agent—Shall include persons and companies, other than the Contractor, retained by the City to perform design and construction services in relation to the Work.
Acceptance—The Agency’s formal written acceptance of a project that has been completed in all respects in accordance with the plans and specifications and any modifications thereof.
City—The City of Los Alamitos, California, as the Agency and Owner.
City Council—City Council of the City of Los Alamitos, California.
Construction Manager—Persons and/or company retained by the City to perform construction management services.
Design Engineer—Persons and/or company retained by the City to perform engineering design services.
Due Notice—A written notification, provided in due time, of a proposed action, where the contract requires such notification within a specified time (usually 48 hours or two working days) prior to the commencement of the contemplated action.
Engineer—The City Engineer of the City of Los Alamitos, or his/her authorized representative.
SPC24-05
SECTION E – Page 3
STANDARD SPECIFICATIONS
Geotechnical Engineer—Person licensed to practice Soils Engineering or Geotechnical Engineering pursuant to the laws of the State of California and retained by the Agency during construction.
Prompt—The briefest interval of time required for a considered reply, including time required for approval by a governing body.
Standard Plans—“Standard Plans for Public Works Construction” - Latest edition of the Southern California Chapter of the American Public Works Association.
State Standard Specifications (“SSS”)—Standard Specifications prepared by the State of California, Business and Transportation Agency, Department of Transportation.
State Standard Plans (“SSP”)—Standard Plans prepared by State of California, Business and Transportation Agency, Department of Transportation.
Working Days—Any days, except: (1) Saturdays, Sundays, legal holidays on which Los Alamitos City Hall is closed for business; (2) days when work is suspended by the Engineer for reasons unrelated to the performance of the contractor, and provided in Subsections 6-3 and 6-3.1; and (3) days determined to be non-working in accordance with Section 6-3 “Time of Completion”. 1-3.3 INSTITUTIONS
Add the following:
AGCA Associated General Contractors of America
ASME American Society of Mechanical Engineers
CRSI Concrete Reinforcing Steel Institute
CSI Construction Specifications Institute
NFPA National Fire Protection Association
SSS State of California Standard Specifications, latest edition, Department of Transportation SSP State of California Standard Plans, latest edition, Department of Transportation.
SSPWC Standard Specifications for Public Works Construction, as specified in Subsection 0-1 1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 SUBCONTRACTOR LISTING
Replace the third paragraph with the following:
Subcontracting of more than one-half of one percent of the work for which no Subcontractor was designated in the original Bid will be allowed only in cases of public emergency or necessity and only after the Engineer makes a written finding of circumstances constituting public emergency or necessity.
Delete the fourth paragraph and replace with the following:
SPC24-05
SECTION E – Page 4
STANDARD SPECIFICATIONS
The Contractor must obtain written consent of the City Council to substitute a Subcontractor designated in the original Bid, to permit any subcontract to be assigned or transferred, or to otherwise allow a subcontract to be performed by anyone other than the originally designated Subcontractor.
Delete the fifth paragraph and replace with the following:
A violation of any of the above provisions will be considered a violation of the Contract, and the City may cancel the Contract and collect appropriate damages or assess the Contractor a penalty of not more than ten (10) percent of the subcontract involved.
Add the following:
If subcontracted work is not being performed in a satisfactory manner, the City will notify the Contractor of the need to take corrective action and the Engineer may report the facts to the City Council. Upon order by City Council and the Contractor’s receipt of written instructions from the Engineer, the Subcontractor shall immediately be removed from the Work and may not again be employed on the Work.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 GENERAL
Add the following:
The City reserves the right to reject any or all proposals.
The Contract will be awarded, if at all, to the lowest responsible and responsive Bidder determined as provided on the Proposal Form, whose proposal complies with all the requirements prescribed. Such award, if made, will be made within the number of days stated in the proposal form. Refusal or failure to deliver the executed contract, bonds, or insurance in the form provided in the Contract and approved by the Agency’s attorney within the time provided herein shall be cause, at the Agency’s option, for the annulment of the award and forfeiture of the bid security. In such event, the Agency may successively award the Contract to the next lowest responsible and responsive Bidder until a properly executed Contract, bonds, and insurance is obtained, or it may at any time reject all remaining bids and proceed as provided by law. The refusal or failure of a successive lowest responsible and responsive Bidder to execute the Contract may, at the Agency’s option, result in an annulment of the award to that Bidder and the forfeiture of that Bidder’s bid security. The periods of time specified above within which the award of the Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Agency and the concerned Bidder.
The Agency reserves the right to waive any irregularities.
Within ten (10) calendar days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the Agency:
Contract Agreement (in duplicate)
Faithful Performance Bond (in duplicate)
Maintenance Bond (in duplicate)
Payment Bond (in duplicate)
Public Liability and Property Damage Insurance Certificate (two original) Additionally Insured Endorsement
Workers’ Compensation Insurance Certificate (two original)
SPC24-05
SECTION E – Page 5
STANDARD SPECIFICATIONS
A corporation to which an award is made may be required, before the Contract agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
1-7.2 CONTRACT BONDS
Add the following:
The PAYMENT BOND shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The FAITHFUL PERFORMANCE BOND shall remain in force until the date of recordation of the Notice of Completion. The MAINTENANCE BOND shall remain in force until one (1) year after the date of recordation of the Notice of Completion.
All bonds must be accompanied by a Power of Attorney
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
Add the following:
Any plan or method of work suggested by the Agency or the Engineer to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Agency and the Engineer shall assume no responsibility therefore and in no way be held liable for any defects in the work which may result from or be caused by use of such plan or method of work.
The work includes, but is not necessarily limited to, the following items as shown on the plans and specified in these Special Provisions:
The City of Los Alamitos proposes to re-stripe the existing striping with paint on Katella Avenue from Los Alamitos Boulevard to Walker Street (East City limit). Conflicting striping removals, raised pavement marker removal/replacement, and curb marking re-painting are excluded from the scope of the project.
2-2 PERMITS
Replace first paragraph with the following:
Prior to the start of any work, the Contractor shall apply for and receive any applicable City, County, State, and Federal permits.
2-3 RIGHT-OF-WAY
Add the following:
When the Contractor arranges for additional work areas and facilities temporarily required by him/her, he/she shall provide the Agency with proof that the additional work areas and/or facilities have been left
SPC24-05
SECTION E – Page 6
STANDARD SPECIFICATIONS
in a condition satisfactory to the owner(s) of said work areas and/or facilities prior to acceptance of the work.
2-4 COOPERATION AND COLLATERAL WORK
Add the following:
Contractor shall coordinate his/her work so as to minimize disruption to ongoing or scheduled private development projects in the project area.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 GENERAL
Add the following:
All final locations determined in the field, and any deviations from the Plans and Specification, shall be marked in red on the documents to show the as-built conditions. Contractor shall maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for the purpose of providing a basis for construction record drawings. No changes shall be made without prior written approval of the Engineer. Upon completion of the Project, Contractor shall deliver this record of all construction changes to the Engineer along with a letter which declares that other than these noted changes “the Project was constructed in conformance with the Contract Documents”. Final payment will not be made until this requirement is met.
As the figured dimensions shown on the drawings and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and drawings to a large scale shall be followed in preference to the drawings to a small scale. Should it appear that the work to be performed, or any related matter, are not sufficiently detailed or explained in the Contract documents, the Contractor shall apply to the Engineer for such further explanations as necessary, and shall conform to such further explanations provided by the Engineer as part of the Contract to the extent that it is consistent with the terms of the Contract.
Caution: The engineer preparing these plans will not be responsible or liable for unauthorized changes to or uses of these plans. All changes to the plans must be approved in writing by the Engineer.
SECTION 3 – CONTROL OF THE WORK
3-3 SUBCONTRACTORS
Replace the first paragraph with the following:
All persons engaged in the Work, including Subcontractors and their employees, will be considered employees of the Contractor. The Contractor will be held responsible for their work. The Agency will deal directly and solely with the Contractor and make all payments to the Contractor. 3-5 INSPECTION
Add the following:
SPC24-05
SECTION E – Page 7
STANDARD SPECIFICATIONS
The Agency shall inspect for compliance with requirements for 8-hour days and 40-hour weeks on normal working days. The Contractor shall reimburse the Agency, at rates established by the Agency, for any additional inspection, including inspection on legal holidays. 3-10 SURVEYING
3-10.1 GENERAL
Add the following:
The Contractor shall be responsible for all survey and layout of work.
The line and grades for construction will be parallel to and offset from the position of the work. From the established lines and grades, the Contractor shall extend the necessary lines and grades for construction of the work and shall be responsible for the correctness of same. 3-12 WORK SITE MAINTENANCE
3-12.1 General
Add the following Subsection:
3-12.1.1 WORK AREA APPEARANCE
The Contractor shall maintain a neat appearance to the Work.
All unsuitable construction materials and rubbish and debris shall be regularly removed from the job site, be transported to a suitable location, and be disposed of in a proper and legal manner.
In any area visible to the public, the following shall apply:
1. Broken concrete and debris developed during clearing and grubbing shall be disposed of weekly.
2. The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily.
3. Forms or false work that are to be re-used shall be neatly stacked concurrent with their removal.
4. Forms and false work that are not to be re-used shall be disposed of with their removal.
5. Wash down from concrete trucks shall be at one location. Concrete from wash down procedures shall be removed from the site weekly.
3-12.3 NOISE CONTROL
Add the following:
A noise level limit of 85 dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases where required for the protection of personnel.
The Contractor shall arrange and maintain a secure storage site for all equipment and materials. All equipment and unused materials shall be returned to this site at the end of each work day.
SPC24-05
SECTION E – Page 8
STANDARD SPECIFICATIONS
3-12.6 WATER POLLUTION CONTROL
3-12.6.1 General
Add the following:
This item shall consist of preparation, implementation and compliance with a storm water pollution prevention plan (SWPPP) for the project, if applicable. 3-12.6.2 BEST MANAGEMENT PRACTICES (BMPs)
Add the following:
All storm water pollution prevention measures shall be in accordance with the submitted SWPPP. In the event circumstances during the course of construction require changes to the original SWPPP, a revised plan shall be promptly submitted to the Agency’s representative in each instance. No responsibility shall accrue to the Agency as a result of the plan or as a result of knowledge of the plan. All work installed by the Contractor in connection with the SWPPP but not specified to become a permanent part of the project shall be removed and the site restored in so far as practical to its original condition prior to completion of construction or when directed by the Agency’s representative. 3-12.6.5 PAYMENT
Add the following:
Unless otherwise indicated in the Special Provision, measurement and payment for Storm Water Pollution Prevention Measures, as described herein, shall be included in the items of Work requiring storm water pollution prevention measures as indicated in the project Special Provisions. Such payment shall be considered full compensation for all labor, materials, tools, and equipment for completion, and implementation and compliance with the SWPPP.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.3 WARRANTY
Add the following:
The Contractor shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors, and others employed directly or indirectly on the Work, against faulty or defective materials, equipment or workmanship for the maximum period provided by law. In addition thereto, for a period of one (1) year commencing on the date of acceptance of the Work, the Contractor shall, upon the receipt of notice in writing from the Agency, promptly make all repairs arising out of defective materials, workmanship or equipment and bear the cost thereof. The Agency is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the Contractor, the Contractor has failed to make or undertake with due diligence the repairs; provided, however, that, in the case of an emergency where, in the opinion of the Agency, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety.
For the purpose of this article “Acceptance of the Work” shall mean the acceptance of the Work by the Agency in accordance with Subsection 3-13.2 but not for the purpose of extinguishing any covenant or agreement or agreement on the part of the Contractor to be performed or fulfilled under this Contract,
SPC24-05
SECTION E – Page 9
STANDARD SPECIFICATIONS
which has not in fact been performed or fulfilled at the time of such acceptance all of such covenants and agreements, shall continue to be binding on the Contractor until they have been fulfilled.
The effective date of Acceptance of the Work and commencement of the Guarantee shall be the date of acceptance of the Notice of Completion by the City Council.
Add the following subsection to Subsection 3-13:
3-13.3.4 General Guaranty
The Contractor shall remedy any defects in the Work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. The Agency will give notice of observed defects with reasonable promptness.
SECTION 4 – CONTROL OF MATERIALS
4-1 GENERAL
Add the following:
The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the Agency, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with the requirements of this Contract any portion of the Work which is found not to meet those requirements. The Contractor shall defend, indemnify, and hold the Agency, its officers, agents, and employees harmless from claims of any kind due to injuries or damages arising, directly or indirectly, from said defects or noncompliance.
The Contractor shall make all repairs, replacements, and restorations within thirty-five (35) days after the date of the Engineers’ written notice.
If, in the opinion of the Engineer, the defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Engineer, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the Agency shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but will make such deductions thereof in the payments due or to become due to the Contractor as the Agency may deem just and reasonable.
4-4 TESTING
Replace the third and fourth sentences of the first paragraph with the following:
Except as elsewhere specified, the Agency will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The Contractor shall bear the cost of all other tests, including the retesting of material or workmanship that fails to pass the first test.
4-6 TRADE NAMES
Replace the third sentence of the second paragraph with the following:
SPC24-05
SECTION E – Page 10
STANDARD SPECIFICATIONS
Approval of equipment and materials offered as equivalents to those specified must be obtained prior to the opening of bids as set forth in the Instructions to Bidders.
Add the following:
Along with information supplied by the Contractor regarding equivalency of the proposed item, the Contractor shall clearly identify all deviations from the specified item. Deviations discovered by the Engineer after acceptance of an “or equal” item which were not identified by the Contractor with his/her submittal shall be cause for rejection of the “or equal” item. Contractor shall be due no additional compensation in time or money for acceptance or rejection of a proposed “or equal” item and subsequent replacement with the item specified. Contractor shall pay cost to Agency for items requiring more than two submittals and analysis of any shop drawing which requires more than a general review of an “or equal” item.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR
5-3.1 General
Add the following:
The Contractor shall ensure unlimited access to the job site for all Equal Opportunity Compliance officers.
Every Contractor and Subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages paid to each worker employed by him/her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the body awarding the Contract and to the Division of Labor Law Enforcement.
Add the following Subsection:
5-3.4.1 OVERTIME AND SHIFT WORK
The Contractor may establish overtime and shift work as a regular procedure only with the written permission of the Engineer. Such permission may be revoked at any time. No work other than overtime and shift work established as a regular procedure shall be done between the hours of 4:00 p.m. and 7:30 a.m., nor on Saturdays, Sundays or legal holidays, except such work as is necessary for the proper care and protection of the work already performed or except in case of an emergency.
All costs for overtime inspection, except those occurring as a result of overtime and shift work established as a regular procedure, shall be paid by the Contractor. Overtime inspection shall include inspection required during holidays observed by the AGC and Trade Unions, Saturdays, Sundays, and any weekday between the hours of 4:00 p.m. and 7:30 a.m.. Such costs will include but will not necessarily be limited to engineering, inspection, general supervision and other overhead expenses that are directly chargeable to the overtime work. The Agency shall deduct all such charges from payments due the Contractor. 5-4.2 GENERAL LIABILITY INSURANCE
Replace Subsection 5-4.2 with the following:
5-4.2.1 GENERAL. CONTRACTOR and AGENCY agree that Agency, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim,
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SECTION E – Page 11
STANDARD SPECIFICATIONS
lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the Agency. CONTRACTOR acknowledges that AGENCY would not have entered into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect AGENCY as set forth here.
5-4.2.2 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless AGENCY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorneys fees incurred by AGENCY, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by the AGENCY. 5-4.2.3 Without affecting the rights of AGENCY under any provision of this agreement or this section, CONTRACTOR shall not be required to indemnify and hold harmless AGENCY as set forth above for liability attributable to the sole fault of AGENCY, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
This exception will apply only in instances where the AGENCY is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where AGENCY’s fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all-inclusive and AGENCY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the AGENCY. 5-4.2.4 CONTRACTOR acknowledges that its obligation pursuant to this section extends to liability attributable to AGENCY, if that liability is less than the sole fault of AGENCY. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of AGENCY. 5-4.2.5 The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to AGENCY, its employees, agents and officials.
5-4.2.6 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those as set forth here in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section.
5-4.2.7 Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth herein is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 5-4.2.8 CONTRACTOR agrees to provide insurance in accordance with the requirements as set forth here. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained on behalf of AGENCY and in accordance with the requirements set forth herein.
SPC24-05
SECTION E – Page 12
STANDARD SPECIFICATIONS
5-4.2.9 Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISOCGL form No. CG 00 01 11 85 or 88. Total limits shall be not less than two million dollars ($2,000,000.00) per occurrence for all coverages and two million dollars ($2,000,000.00) general aggregate. AGENCY and its officers, agents and employees shall be named as additional insureds using ISO additional insureds endorsement form CG 20 10 11 85 (in no event will AGENCY accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to AGENCY or any employee or agent of AGENCY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum of $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion.
Policies shall have concurrent starting and ending dates.
Each policy of insurance shall contain a clause prohibiting cancellation, modification or lapse without thirty (30) days prior written notice having been given to the City. All insurance policies shall be subject to approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds.
5.4.2.10 Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than two million dollars ($2,000,000.00) per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy drafted above is acceptable.
5-4.3 WORKERS’ COMPENSATION INSURANCE
Replace Subsection 5-4.3 with the following:
5-4.3.1 Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars per accident or disease. Employers’ liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the AGENCY, its officers, agents or employees. 5-4.3.2 CONTRACTOR and AGENCY further agree as follows:
5-4.3.2.1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 5-4.3.2.2 Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 5-4.3.2.3 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of each insurance coverage.
5-4.3.2.4 Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally
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STANDARD SPECIFICATIONS
provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type.
5-4.3.2.5 For purposes of insurance coverage only, this Agreement shall be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
5-4.3.2.6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR’s agents, officers or employees from waiving the right of subrogation prior to a loss.
Contractor hereby waives all rights of subrogation against AGENCY. 5-4.3.2.7 Unless otherwise approved by AGENCY, CONTRACTOR’s insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of “A+VIII.” Self-insurance will not be considered to comply with these insurance specifications.
5-4.3.2.8 In the event any policy of insurance required by this Agreement does not comply with these requirements or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONTRACTOR. Upon CONTRACTOR’s failure to make such reimbursement within 30 days of written demand, AGENCY may deduct that sum from any monies due CONTRACTOR hereunder or otherwise. 5-4.3.2.9 CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to AGENCY, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR’s general liability and umbrella liability policy (if any) using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. CONTRACTOR agrees to provide complete copies of policies to AGENCY upon request. 5-4.3.2.10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished within 72 hours of the expiration of the coverages. 5-4.3.2.11 Any actual or alleged failure on the part of AGENCY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of AGENCY or any additional insured, in this or any other regard. 5-4.3.2.12 CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement.
CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of AGENCY, will reserve the right to charge back to AGENCY the cost of insurance required by this Agreement.
CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts on behalf of AGENCY will be submitted to AGENCY for review. Failure of AGENCY to request copies of such agreement will not impose any liability on AGENCY, its officers, agents, or employees.
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STANDARD SPECIFICATIONS
5-4.3.2.13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operations are insureds. 5-4.3.2.14 CONTRACTOR agrees to provide immediate notice to AGENCY of any claim or loss against CONTRACTOR that includes AGENCY as a defendant. AGENCY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims.
5-7 SAFETY
Add the following:
At the pre-construction meeting, the Contractor shall submit his/her complete construction schedule to the Engineer for approval. The Contractor shall submit requests for changes in the schedule to the Engineer for approval at least forty eight (48) hours prior to the scheduled Work.
Add the following Subsection 5-8 Project Information Sign:
5-8 PROJECT INFORMATION SIGN
Work specified in this section includes providing all materials and performing all operations to fabricate, install, modify and/or relocate Project Information Signs, and as specified in these Special Provisions.
Submit a shop drawings for all sign panels, and the Manufacturer’s data for the Sign Panels.
MATERIALS
A. Project Information Signs shall be constructed per Caltrans specifications for aluminum single sheet and laminated panel signs.
B. Sign Posts shall be constructed of wood and shall conform to the provisions of section 56-2.02B, Caltrans.
C. Mounting Hardware shall be furnished by the Contractor and shall conform to the provisions of section 56-2.02D, Caltrans.
D. To properly provide for changing traffic conditions, the Contractor shall be prepared to furnish on short notice (within 48 hours) additional sign panels, posts and mounting hardware. The Contractor shall make arrangements with a supplier who is able, on a daily basis, to furnish such items on short notice.
INSTALLATION
A. For this contract, Zero (0) Project Information Sign(s) are required and shall be installed, relocated or modified as directed by the City Engineer and shall conform to the provisions of sections 56-2.03, and 56-
2.04, Caltrans.
B. All signs shall have breakaway features as detailed in Standard Plan RS2, “Roadside Sign Details,” Caltrans.
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STANDARD SPECIFICATIONS
C. Signs to be removed and/or relocated as directed by the City Engineer shall be installed at the new location on the same day said sign is removed from its previous location.
D. The location of each sign shall be as directed by the City Engineer or his designee.
Project information sign should be installed in a way to have bottom of sign at least 7 feet above the ground.
The project information signs shall be erected five (5) working days prior to the start of work.
The sign shall show the project name, funding source, and City logo. The sign shall list the names of the City Manager, City Council, Director of Development Services, and City Engineer. Contractor shall submit a mock-up to the City for review prior to manufacturing sign. The Contractor shall revise all misspellings and any other corrections on the sign at no extra cost to the City.
Upon completion of the project, City shall keep all of the Project Information Signs.
Measurement and payment for Project Information Sign shall be at the unit bid price per each (EA) and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in construction of these items and no additional compensation will be allowed therefore.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
Add the following:
Prior to issuing the Notice to Proceed, the Engineer will schedule and conduct a pre-construction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. 6-2 PROSECUTION OF THE WORK
Replace the last sentence of first paragraph with the following:
Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Agency may suspend the work in whole or in part, until the Contractor takes said steps at no cost to the Agency.
Add the following:
The Contractor shall submit monthly progress reports to the Engineer by the tenth day of each month.
The report shall include an updated construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 TIME OF COMPLETION
Add the following subsection:
6-3.3 WORKING DAY
The Contractor’s activities shall be confined to the hours between 7:30 a.m. and 4:00 p.m. Monday through Friday. In addition, the Contractor shall not perform any Work on Saturday, Sunday, or on
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STANDARD SPECIFICATIONS
Agency-designated holidays. Agency-designated holidays are listed in TABLE 1 – AGENCYDESIGNATED HOLIDAYS below. Deviation from these hours will be permitted upon approval of the Engineer, except in emergencies involving immediate hazard to persons or property.
Deviations from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. Service fees will be calculated at overtime rates including benefits, overhead, and travel time; and will be deducted from the amounts due the Contractor.
Failure of the Contractor to adhere to working day requirements will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine.
For each OCCURRENCE of a working day or hours violation, as provided herein, the Contractor shall pay to the Agency, or have withheld from monies due to it, the sum of $1,000.00.
TABLE 1 – AGENCY-DESIGNATED HOLIDAYS
New Year’s Day
Martin Luther King, Jr. Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000 PER VIOLATION IS THE MINIMUM VALUE OF THE COST AND
ACTUAL DAMAGED CAUSED BY FAILURE OF THE CONTRACTOR TO LIMIT
PERFORMANCE OF THE WORK BETWEEN THE ALLOTTED TIMES, THAT SUCH SUM SHALL
NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR IF SUCH DELAY OCCURS.
6-4 DELAYS AND EXTENSION OF TIME
6-4.1 GENERAL
Add the following Subsections:
6-4.1.1 Notice of Delays
Whenever the Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which the Contractor regards as unavoidable, he/she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause so that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if prevention is not possible, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent it will delay the prosecution and completion of the work. It will be concluded that any and all delays which have occurred in the prosecution and completion of the work have been avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by him/her to have been unavoidable. The Contractor shall make no claims for any delay not called to the attention of the Engineer at the time of its occurrence as an unavoidable delay.
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STANDARD SPECIFICATIONS
6-4.1.2 Avoidable Delays
Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor of his/her subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delays in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work or the completion of the whole work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitting samples of materials and drawings to the Engineer for approval and from performing tests of materials, measurements, and inspections; 3) Reasonable interference of other contractors employed by the Agency and/or other contractors working in the area which do not necessarily prevent the completion of the whole work within the time agreed upon; 4) Delays resulting from inaccurate or incomplete shop drawing submittals; and 5) Interference of other contractors performing concurrent work.
6-4.1.3 Extension of Time
In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with Paragraph 6-9. The Agency, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in his/her best interest to do so. During such extension of time, the Contractor will be charged for engineering and inspection services and other costs as provided in Paragraph 6-4.2.1 but will not be assessed damages pursuant to Paragraph 6-9. 6-4.2 EXTENSIONS OF TIME
Add the following Subsection:
6-4.2.1 Compensation to Agency for Extension of Time
Compensation for extension of time for avoidable delay granted pursuant to Paragraph 6-4.1.3 shall be the actual cost to the Agency for engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the work and which accrue during the period of such extension, except that the cost of final inspection and preparation of the final estimate shall not be included. 6-4.4 WRITTEN NOTICE AND REPORT
Replace Subsection 6-4.4 with the following:
Requests for an extension of time must be delivered to the Agency within ten (10) consecutive calendar days following the date of the occurrence that caused the delay. The request must be submitted in writing and must state the cause of the delay, the date of the occurrence causing the delay, and the amount of additional time requested. This shall be included as part of a revised construction schedule required in Section 6-1. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor, which would support the extension of time requested. Requests for extensions of time, which are not received within the time specified above, shall result in the forfeiture of the Contractor’s right to receive any extension of time requested.
If the Contractor is requesting an extension of time because of weather, he/she shall supply daily written reports to the Agency’s representative describing such weather, and the work that could not be performed that day because of such weather or conditions resulting therefrom and that he/she otherwise would have performed.
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STANDARD SPECIFICATIONS
6-9 LIQUIDATED DAMAGES
Replace Subsection 6-9 Liquidated Damages with the following:
6-9 FORFEITURE DUE TO DELAY
The Contractor shall complete all or any designated portion of the Work called for under the Contract within the time set forth in Part C (Proposal) of these Specifications.
In accordance with Government Code 53069.85, and all other applicable law, the Contractor agrees to forfeit and pay the Agency the amount of Five Hundred Dollars ($500.00) per day for each and every day of unauthorized delay beyond the completion date, which shall be deducted from any monies due the Contractor. This payment shall be considered liquidated damages. Contractor agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate Agency for losses that are difficult to measure and that such damages are not a penalty.
Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this Contract entitling the Agency to terminate the Contract unless the Contractor applies for, and receives, an extension of time in accordance with the procedures set forth in Section 6-4.
Failure of the Agency to insist upon the performance of any covenant or conditions within the time period specified in the Contract Documents shall not constitute a waiver of the Contractor’s duty to complete performance within the designated periods unless the Agency has executed a waiver in writing.
The Agency’s agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provision contained in the Contract Documents.
Failure of the Contractor to complete performance promptly within the additional time authorized in a waiver or extension of time agreement shall constitute a material breach of this Contract entitling the Agency to terminate this agreement.
The Contractor shall not be deemed in breach of this Contract and no forfeiture due to delay shall be made because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 6-4. Unforeseeable causes of delay beyond the control of the Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of the Agency, or acts of another contractor in the performance of a contract with the Agency, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of Contractor or his/her agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part of all of the Work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond the Contractor’s control) shall not entitle the Contractor to any additional compensation. The sole recourse of the Contractor shall be to seek an extension of time.
Add the following Subsections:
6-10 DISPUTES AND CLAIMS
6-10.1 GENERAL
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STANDARD SPECIFICATIONS
Any and all decisions made on appeal pursuant to this Subsection 6-10 shall be in writing. Any “decision” purportedly made pursuant to this Subsection 6-10 that is not in writing shall not be binding upon the Agency and should not be relied upon by the Contractor.
Nothing in this subsection shall be considered as relieving the Contractor from his/her duty to file the notice required under Subsection 6-11 or other duties required by the Contract Documents. 6-10.2 ADMINISTRATIVE REVIEW
Request for review made to the Construction Inspector or Project Engineer may be either oral or written.
Request for review made to the City Engineer shall be made in writing with supporting evidence attached.
The Contractor shall submit each request for review within twenty-one (21) calendar days of receipt of the decision that he/she is requesting.
Prior to demand for arbitration, the Contractor shall exhaust his/her administrative remedies by attempting to resolve his/her dispute or claim with Agency`s staff in the following sequence:
1. Project Engineer
2. City Engineer
Should the Project Engineer fail to address the Contractor’s request for review of a disputed decision within fourteen (14) calendar days after receiving such request, the Contractor may proceed directly to the City Engineer. At the option of the Agency, the person to whom the request for review is directed may elect to take such request to a higher level and the Contractor’s request shall be deemed to be properly submitted to such higher level.
The City Engineer shall address disputes or claims within twenty eight (28) calendar days after receiving such request and all necessary supporting data. The City Engineer’s decision on the dispute or claim shall be the Agency’s final decision.
6-10.3 ARBITRATION
Claims and disputes arising under or related to the performance of the contract shall be resolved in arbitration unless the Agency and the Contractor agree in writing, after the claim or dispute has arisen, to waive arbitration and to have the claim or dispute litigated in court of competent jurisdiction. Arbitration shall be conducted, to the extent feasible, pursuant to Chapter 3 (Sections 301-393, inclusive) of Division 2 of Title 1 of the California Code of Regulations except that references therein to the “State Contract Act” shall be construed to mean “applicable law” and “Public Agency”, or “Department” shall be construed to mean “Agency” as defined in Subsection 1.2. The arbitration decision shall be decided under and in accordance with California law, supported by substantial evidence, and in writing, contain the basis for the decision, findings of fact, and conclusions of law.
Arbitration shall be initiated by a Demand for Arbitration. The Contractor shall request a Demand for Arbitration not later than one hundred eighty (180) calendar days after the date of the final written decision of the Agency on the claim or dispute.
All contracts valued at more than $15,000 between the Contractor and his/her Subcontractors and Suppliers shall include a provision that the Subcontractors and Suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the Agency by all terms and provisions of the Contract, including these arbitration provisions.
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STANDARD SPECIFICATIONS
6-11 NOTICE OF POTENTIAL CLAIM
The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor shall have given the Engineer due notice in writing, of the potential claim as hereinafter specified, provided, however, that compliance with this Subsection 6-11 shall not be a prerequisite as to any claim that is based on differences in measurements or errors of computation as to the Contract quantities.
Additionally, this Subsection 6-11 shall not supersede the specific notice and protest requirements of Subsection 2-9 “Changed Conditions” and Subsection 6-3.2 “Contract Time Accounting” respectively.
A written notice of potential claim shall set forth the reasons the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. A notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.
It is the intention of this Subsection 6-11 that differences between the parties arising under and by the virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.
SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.2 PARTIAL AND FINAL PAYMENT
Replace the last paragraph of this subsection with the following:
The closure date for period progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the second Wednesday of the following month. The Agency requires four to six weeks to review all progress payments, issue payment checks, present progress payment to Council for approval, and release payment to contractor. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of plans and specifications showing the as-built conditions.
The full five (5) percent retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion.
The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract as provided in Public Contract Code Sections 10263 and 22300. 7-3.3 DELIVERED MATERIALS
Replace Subsection 7-3.3 with the following:
Materials and equipment delivered but not incorporated into the Work will not be included in the estimate for progress payment.
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STANDARD SPECIFICATIONS
7-3.4 Mobilization
Replace Subsection 7-3.4 with the following:
Mobilization and demobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor’s personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.
Contractor shall provide traffic control per California Temporary Traffic Control Handbook.
Contractor must maintain access for visitors to the properties. One driveway must always remain open and accessible.
Payment for Mobilization shall be included in the other items of work and shall be considered full compensation and include but not be limited to, obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the City of Los Alamitos; and complying with the requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work.
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SECTION F – Page 1
SPECIAL PROVISIONS
PART 6 – TEMPORARY TRAFFIC CONTROL
600 ACCESS
600-1 General
Add the following:
The Contractor will be required to maintain at least one lane of traffic in each direction through the project area at all times in a manner satisfactory to the Engineer in the form of an engineered traffic control plan. The engineered traffic control plans must be signed by a California registered civil and/or traffic engineer. The plan is a required submittal for review at the pre-construction meeting.
All traffic control on the project shall be implemented by a sub-contractor who specializes in Traffic Control and is approved by the City Engineer.
All drop-offs on the pavement over 1 inch in height that are perpendicular to the direction of traffic, including driveway approach, and will remain overnight shall be ramped with temporary AC pavement. The cost to construct temporary AC pavement shall be included in price paid for other items of work, and no additional payment thereof.
All open trenches shall be covered with non-skid steel plates or temporary asphalt pavement before and after work hours, unless otherwise directed by the Engineer.
Add the following Subsection:
600-1.1 Parking Restrictions and Posting for Tow Away
No Parking signs, posted by the Contractor, shall be of heavy card stock and not less than 1.75 square feet of surface area on the face. Background color shall be white and letters shall be printed in red water resistant ink except day, date, and time of restriction may be printed in black water resistant ink. The signs shall be printed with the words “Tow Away” and “No Parking” with a character height of not less than 2.75 inches and a stroke width of not less than
0.5 inches. The day, dated, and time of the particular restriction shall be printed or attached below the above mentioned wording in characters of not less than 2.0 inches in height and 0.4 inches in stroke width. The day of the week shall be written out or properly abbreviated with three to four letters; date or dates or restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.
Signs shall be mounted such that the wording “No Parking” are at an elevation at least three feet above the adjacent flowline. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by the Contractor. The signs shall be placed as needed to control the parking of cars within the construction zone; signs shall be placed at intervals of 75 feet or less along each side of the roadway.
Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor may only post parking restrictions that are effective for the duration of the Work. Upon completion of the Work, the Contractor shall promptly and completely remove and dispose all signs, stakes, and barricades. The Contractor shall promptly reset or replace all damaged or defective signs.
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SECTION F – Page 2
SPECIAL PROVISIONS
The Contractor shall be fully responsible for the adequate removal of all parked cars. The Contractor shall coordinate the removal of all vehicles with the Sheriff Department. The Contractor shall notify the Sheriff Communications Center upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the Sheriff Communications Center not less than two hours prior to the needed removal, stating the address nearest the parked vehicle, make, model, color and license number. The City shall not be responsible for any delay or additional costs associated with the removal of parked cars that obstruct the construction operation.
If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.
DEVIATIONS FROM THE REQUIREMENTS OF THIS SUBSECTION WILL BE PERMITTED ONLY ON PRIOR CONSENT OF THE ENGINEER. FAILURE OF THE
CONTRACTOR TO ADHERE TO THE REQUIREMENTS OF THIS SUBSECTION, OR
FAILURE OF THE CONTRACTOR TO COMPLETE HIS DAILY SCHEDULE ONCE “TEMPORARY NO PARKING” SIGNS HAVE BEEN POSTED, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE CITY. SUCH DAMAGES ARE, AND WILL
CONTINUE TO BE, IMPRACTICABLE AND EXTREMELY DIFFICULT TO DETERMINE. FOR EACH OCCURRENCE OF A VIOLATION, AS PROVIDED HEREIN,
THE CONTRACTOR SHALL PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES DUE TO IT, THE SUM OF $1,000.00.
EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000.00 PER VIOLATION IS THE MINIMUM
VALUE OF THE COST AND ACTUAL DAMAGE CAUSED, THAT SUCH SUM SHALL
NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR.
600-1.2 STREET CLOSURE, DETOURS, BARRICADES
Add the following:
All traffic control barricades, signs and devices used by the Contractor shall, as a minimum, conform to the “Manual of Traffic Controls for Construction and Maintenance Work Zones,” adopted by and in current use by the State of California, Department of Transportation.
Channelization devices shall be spaced no greater than fifty (50) feet apart. The Contractor shall take additional precautions as he/she may find necessary under the circumstances.
Should the Contractor fail to provide adequate traffic control or safety barricades, and in the event a responsible individual cannot be located or refuses to perform, the Agency will at its option place needed devices or engage a private firm to place and maintain said barricades, which will be charged to the Contractor directly.
Temporary traffic channelization shall be accomplished with delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finished pavement surfaces which are to remain.
Full street closures will not be allowed prior to City Council approval. 601-1.3 Measurement and Payment.
SPC24-05
SECTION F – Page 3
SPECIAL PROVISIONS
Measurement and Payment for Traffic Control shall be included in various other bid items and shall be considered full compensation and include but not limited to furnishing all labor, tools, material, equipment, signage, TTC zone devices, channelizing devices, changeable message sign, and incidentals for doing all work involved in preparing traffic control plans and implementing traffic control, and no additional compensation will be allowed therefore.
SPC24-05
SECTION G – Page 1
SPECIAL PROVISIONS
SECTION G
STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SPECIAL PROVISIONS
STRIPING
All equipment, materials, and components for striping and the installation thereof, shall conform to the latest edition of the Caltrans Standard Plans, and Standard Specifications, Section 84, "Markings", unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 12 office at 7150 E 4TH St #100, Santa Ana, California 92705 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520.
All materials required for the completion of work as shown on the Plans shall be provided by the Contractor.
SECTION 84 - MARKINGS
84-2 TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-2.02 Materials.
84-2.02A General. Traffic stripes, pavement markings, crosswalks, and arrow markings shall be paint, two-coats (2) and shall be applied over existing stripes and or pavement markings, crosswalks, unless otherwise shown on the Plans. 84-2.02G Paint. Traffic striping shall be paint, two coats (2)_including crosswalks, arrows and other pavement legends. Paint shall be ready-mixed rapid dry type.
Ready-mixed paints shall be suitable for use on either asphalt concrete or Portland cement concrete.
84-2.03 Construction.
84-2.03A General. The Contractor shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.
The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than ½-inch in 50-feet from the specified alignment.
SPC24-05
SECTION G – Page 2
SPECIAL PROVISIONS
When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application.
Traffic lines may be spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer.
The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic.
The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint.
Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays.
84-2.03B Application of Traffic Stripes and Pavement Markings. 84-2.03B(6) Paint. Paint shall be applied in two coats.
The second coat of paint shall be applied no less than 24 hours from application of the first coat.
Each coat of paint shall include glass beads, Type 2.
84-2.04 Payment. Payment for striping details and pavement markings shall be included in the lump sum price bid for striping, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing the operations as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer. No additional compensation shall be allowed.
SPC24-05
APPENDIX – Page 1
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 21, 2025 ITEM NUMBER: 10H
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Plans and Specifications for the CDBG Street Improvements on Maple Street (CIP 24/25-04)
SUMMARY
This item recommends the award of bid to Copp Contracting, Inc. to facilitate the CDBG Street Improvements on Maple Street (CIP 24/25-04). The City of Los Alamitos proposes to grind and overlay asphalt streets and repair damaged concrete as part of its ongoing pavement management program.
RECOMMENDATION
1. Award construction for the CDBG Street Improvements on Maple Street (CIP 24/25-04) Project in the amount of $323,256.07 to Copp Contracting, Inc.; and,
2. Authorize the Mayor to execute the contract in a form to be approved by the City Attorney with Copp Contracting, Inc. for the project; and,
3. Authorize the City Engineer to add work and execute change orders in an amount not to exceed the contingency reserve of 8% ($25,860.49) for a total construction cost of $349,116.56.
BACKGROUND
The project proposes to grind and overlay asphalt on Maple Street from Katella Avenue to Farquhar. Avenue. The scope of the project will include replacing the damaged curb & gutter and lifting the sidewalk to correct drainage. ADA curb ramps will also be modified to current codes as necessary for accessibility.
DISCUSSION
Project Bid Results
Notices announcing the solicitation of bids for this project were posted in the local publications, consisting of the Event News-Enterprise and the F.W. Dodge publication. The project was also placed online via Planet Bid.
Bids for the project were publicly opened on December 11, 2024 at 11:00 am. From the four (4) total bids received, it was determined that the lowest responsible bid submitted was from Copp Contracting, Inc., with a total bid amount of $323,256.07. The bid results are provided below:
Copp Contracting, Inc $ 323,256.07
LCR Earthwork & Engineering, Corp. $ 518,911.25
Onyx Paving Company, Inc. $ 343,000.00
RJ Noble Company $ 421,030.00
Average $ 401,549.33
The following represents an approximate timeline for the completion of the project:
• 01/21/2025 Award of Contract (City Council Meeting)
• 02/25/2025 Start of construction
• 04/08/2025 End of construction
FISCAL IMPACT
The total budget for the project is $420,000, which includes funding of $70,000 from the General Fund - Account No. 10-570-5501-5201 and CDBG HUD funds (Account No. 19-570- 5501-5201) in the amount of $350,000. The $70,000 funding from the General Fund will satisfy the required 20% match. Planning, construction management, and inspection costs are estimated at $66,712. The construction cost plus contingency will total $349,116.56 bringing the total cost of the CDBG Street Improvement Project - Maple Street at $415,828.56.
Available funding and cost for the projects are provided in the table below.
Budget Fiscal
Year
Source Amount
2024-25
2024-25
CDBG Fund
General Fund
$350,000
$70,000
Total Funding for the project $420,000
Project Cost Amount
Construction Cost
- Copp
Contracting, Inc
$323,256.07
Contingency - 8% $25,860.49
Planning,
construction
management,
inspection
$66,712
Total Cost for the Project $415,828.56
Attachment: 1. Bid Analysis - CIP 24/25-04 CDBG Street Improvements on Maple Street
CIP 24/25-04 - CDBG Street Improvements on Maple Street CIP 24/25-04 (Closed) Close $14,263.85 $18,381.25 $11,764.00 $15,881.40
$28,750.56 $43,610.00 $32,040.00 $54,112.00
$33,693.00 $82,500.00 $33,000.00 $34,650.00
$2,304.00 $2,880.00 $1,296.00 $1,404.00
$17,150.00 $21,875.00 $15,400.00 $23,800.00
$18,200.00 $26,000.00 $28,000.00 $12,000.00
$25,180.80 $25,620.00 $21,960.00 $29,646.00
$1,500.00 $4,200.00 $3,000.00 $972.00
$5,000.00 $2,000.00 $1,800.00 $1,200.00
$4,400.00 $8,000.00 $8,240.00 $39,175.00
$10,000.00 $10,000.00 $10,000.00 $10,000.00
$2,500.00 $2,500.00 $2,500.00 $2,500.00
$1,500.00 $3,000.00 $8,000.00 $1,100.00
$23,706.80 $30,550.00 $19,552.00 $19,307.60
$47,648.40 $72,275.00 $53,100.00 $67,850.00
$40,288.66 $98,650.00 $39,460.00 $35,514.00
$4,096.00 $5,120.00 $2,304.00 $2,496.00
$9,604.00 $12,250.00 $8,624.00 $16,170.00
$9,250.00 $15,000.00 $14,000.00 $6,000.00
$1,000.00 $3,000.00 $4,000.00 $1,950.00
$1,600.00 $900.00 $1,500.00 $1,000.00
$750.00 $2,100.00 $1,500.00 $477.00
$5,000.00 $2,000.00 $1,800.00 $1,200.00
$3,370.00 $14,000.00 $7,660.00 $30,125.00
$10,000.00 $10,000.00 $10,000.00 $10,000.00
$2,500.00 $2,500.00 $2,500.00 $2,500.00
$323,256.07 $518,911.25 $343,000.00 $421,030.00
Copp Contracting, Inc.
$323,256.07
LCR Earthwork & Engineering, Corp.
$518,911.25
Onyx Paving Company, Inc.
$343,000.00
R.J. NOBLE COMPANY
$421,030.00
COLD MILL 2-INCH UNIFORM DEPTH INCLUDING ANY ASPHALT CONCRETE ABOVE LIP OF GUTTER Qty 14705 Square Foot/Feet CONSTRUCT 2-INCH THICK ASPHALT RUBBER HOT MIX (ARHM GG-C 64-16) OVERLAY Qty 178 Ton REMOVE A.C., A.B., AND SUBGRADE AND CONSTRUCT 6-INCH THICK AC PAVEMENT OVER 95 PCT … Qty 3300 Square Foot/Feet
REMOVE EXISTING AND CONSTRUCT 4-INCH THICK P.C.C. SIDEWALK PER SPPWC STD PLAN 113-2 Qty 72 Square Foot/Feet REMOVE EXISTING AND CONSTRUCT CURB AND GUTTER PER STD PLAN 120-3, TYPE A2-8.MATCH… Qty 175 Linear Foot/Feet
REMOVE EXISTING AND CONSTRUCT CURB RAMP PER SPPWC STD PLAN 111-5, CASE AND TYPE … Qty 2 Each
REMOVE AND CONSTRUCT CROSS/LONGITUDINAL GUTTER AND/OR SPANDREL PER SPPWC STD … Qty 732 Square Foot/Feet
ADJUST WATER VALVE TO GRADE Qty 6 Each
ADJUST MANHOLE TO GRADE Qty 1 Each
INSTALL SIGNING AND STRIPING COMPLETE PER PLANS Qty 1 Lump-Sum IMPLEMENT TRAFFIC CONTROL Qty 1 Dollar
SITE MAINTENANCE Qty 1 Dollar
PROJECT INFORMATION SIGN Qty 1 Each
COLD MILL 2-INCH UNIFORM DEPTH INCLUDING ANY ASPHALT CONCRETE ABOVE LIP OF GUTTER Qty 24440 Square Foot/Feet CONSTRUCT 2-INCH THICK ASPHALT RUBBER HOT MIX (ARHM GG-C 64-16) OVERLAY Qty 295 Ton REMOVE A.C., A.B., AND SUBGRADE AND CONSTRUCT 6-INCH THICK AC PAVEMENT OVER 95 PCT … Qty 3946 Square Foot/Feet
REMOVE EXISTING AND CONSTRUCT 4-INCH THICK P.C.C. SIDEWALK PER SPPWC STD PLAN 113-2 Qty 128 Square Foot/Feet REMOVE EXISTING AND CONSTRUCT CURB AND GUTTER PER STD PLAN 120-3, TYPE A2-8. MATC… Qty 98 Linear Foot/Feet
REMOVE EXISTING AND CONSTRUCT CURB RAMP PER SPPWC STD PLAN 111-5, CASE AND TYPE … Qty 1 Each
REMOVE AND CONSTRUCT PORTION OF CURB DRAIN PER SPPWC STD PLAN 150-4. CONNECT TO … Qty 1 Each
INSTALL DETECTABLE WARNING SURFACE PER STD PLAN 111-5 Qty 1 Each ADJUST WATER VALVE TO GRADE Qty 3 Each
ADJUST MANHOLE TO GRADE Qty 1 Each
INSTALL SIGNING AND STRIPING COMPLETE PER PLANS Qty 1 Lump-Sum IMPLEMENT TRAFFIC CONTROL Qty 1 Dollar
SITE MAINTENANCE Qty 1 Dollar
BID TOTAL
12/11/24, 11:31 AM BidNet Direct-CIP 24/25-04 - CDBG Street Improvements on Maple Street CIP 24/25-04 https://www.bidnetdirect.com/private/buyer/solicitations/4491818022/bid-analysis 1/1
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 21, 2025 ITEM NUMBER: 10I
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Chris Kelley, City Engineer
Subject: Notice of Completion (NOC) for the Community Center Renovation Project - Phase I
SUMMARY
The Community Center Renovation Project – Phase 1 has been completed. Staff is recommending that City Council accept the work as completed, direct filing of the Notice of Completion, and authorize retention release as prescribed by the Public Contracts Codes.
The roof of the Community Center building incurred significant damage from storms at the beginning of 2023. At the March 2023 Council meeting, $500,000 was appropriated, with an additional $1,290,952 appropriated at the October 2023 meeting for a total of $1,790,952 to repair damages caused by the storm. During the planning process for this project, a number of building issues were identified, and repair recommendations were made. This item recommends action to facilitate the renovation of the Community Center.
RECOMMENDATION
1. Accept as complete the construction by the KYA Group for the Community Center Renovation Project – Phase 1; and,
2. Direct the City Clerk to record the Notice of Completion/Final Report with the County Recorder’s Office; and,
3. Authorize Staff to release the 5% retention to the contractor, in the amount of $5,233.55, thirty-five (35) days after recordation of the Notice of Completion.
BACKGROUND
The roof of the Community Center building incurred significant damage from storms at the beginning of 2023. At the March 2023 Council meeting, $500,000 was appropriated, with an additional $1,290,952 appropriated at the October 2023 meeting for a total of $1,790,952 to repair damages caused by the storm. During the planning process for this project, a number of building issues were identified, and repair recommendations were made.
The Community Center Phase I renovation is now complete and was done in order to repair damage caused by 2023 storms. The scope of work included, but is not limited to, removing and replacing the roof, furnishing and installing new rain gutters, replacing the drain pipe
systems, removing and replacing exterior shade structures, replacing interior ceiling panels, removing and replacing damaged interior walls, replacing existing interior light fixtures, and painting the interior rooms that were affected by the storms. As this damage occurred during a declared State of Emergency, the funding to make these repairs had been made available on a reimbursement basis through the Federal Emergency Management Agency (FEMA). During the course of inspecting the building, it became evident that many additional repairs were needed to facilitate the continued use of the building. The City applied for and was awarded a $2.5 million grant in order to implement these needed improvements. The additional work to the 1970’s building included repairs to the rest of the building, including flooring, kitchens, lobby, staff offices, reception area, and the loft area. This funding was made available through Senator Janet Nguyen's office and will be paid to the City once the repairs have been completed.
DISCUSSION
Work on this project is now complete and found acceptable by the City Engineer. Staff recommends acceptance of the work in conjunction with the processing of the Notice of Completion/Final Report and release of the retention as prescribed by the Public Contracts Codes.
FISCAL IMPACT
The project's total funding budget was $1,790,952.00, with funding from the General Fund.
FEMA is anticipated to reimburse Los Alamitos for the project's total.
Budget Fiscal
Year
Source ReimbursementAmount
2024-25 General
Fund
FEMA Funds $1,790,952.00
Attachment: 1. Notice of Completion - Community Center Project Phase I
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 27383
for
Los Alamitos Community Center Renovation Project – Phase I 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 :
Work on this project is now complete and found acceptable by the City Engineer. The City of Los Alamitos hired a contractor for the said work. The work consisted of Roof Repair and TI improvements from rain damage to community center at city hall located at 10921 Oak Street.
4. The work was completed on___07/09/2024______
5. The contractor was: KYA Group.
Dated _____12/20/2024______________________ __________________________________________ Chris Kelley, City Engineer, City of Los Alamitos
VERIFICATION BY CORPORATION OWNER
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
I, Chris Kelley, City Engineer 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 the facts therein stated are true.
____________________________________________________
Chris Kelley, City Engineer
Dated: __12/20/2024________________
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 21, 2025 ITEM NUMBER: 11A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Michael Claborn, Chief
Subject: Ordinance 2025-01 - E-Conveyances Relating to Vehicles such as EBikes
SUMMARY
Like many other cities in Orange County, Los Alamitos has experienced a notable increase in the number of electric bicycles in the community. Both law enforcement and residents have encountered significant safety concerns related to E-bike use. A recent investigation by the Orange County Grand Jury highlighted an urgent need for consistent ordinances to regulate and enforce safe E-bike practices across cities, school districts, parks, and unincorporated areas.
RECOMMENDATION
1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2025- 01, and set for adoption; and,
2. City Attorney Daudt read the title of Ordinance No. 2025-01, entitled, "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER
10.45 (E-CONVEYANCES) TO TITLE 10 OF THE LOS ALAMITOS MUNICIPAL CODE RELATING TO VEHICLES SUCH AS E-BIKES".
BACKGROUND
On June 20, 2024, the Orange County Grand Jury released a report titled E-bikes: Friend or Foe. The report highlights the growing popularity of electric bicycles (E-bikes) as communities seek alternative, cost-effective ways to commute and reduce reliance on cars. However, Ebikes also carry a higher risk of accidents and injuries compared to traditional bicycles, emphasizing the need for public education and safety regulations.
The 2023-2024 Orange County Grand Jury (OCGJ) investigation examined E-bike regulation, safety, and education across Orange County to determine which relevant measures, if any, cities have adopted. Findings show a significant variation in E-bike regulations, safety records, enforcement, and education across the county’s 34 cities, including 13 contract cities with the Orange County Sheriff's Department (OCSD). Beyond the California Vehicle Code, these differences underscore a critical need for uniform ordinances to regulate and enforce safe Ebike use in cities, school districts, parks, and unincorporated areas.
The recent surge in E-bike use has made this need urgent, and the Grand Jury’s report recommends that cities enhance oversight to address E-bike safety. One specific
recommendation calls for cities to establish clear policies that define E-bike rules of the road to improve community safety.
The Los Alamitos Police Department assigned officers with extensive training and experience in traffic control, enforcement, and accident investigation to research and develop an ordinance aimed at improving the safety of E-bike riders and the communities they share the road with. These officers collaborated with multiple agencies and legal experts to create an ordinance that prioritizes safety, education, and enforcement. In November 2024, the ordinance was presented to the Los Alamitos Traffic Commission, which requested clarification on certain sections. After making minor adjustments, the police department is now presenting the final draft of the ordinance for the City Council’s review.
DISCUSSION
In recent years, electric bicycles, or E-bikes, have become increasingly popular as a convenient and eco-friendly mode of transportation. These bicycles, equipped with electric motors for pedal assistance, make it easier to travel longer distances and navigate hills. As technology improves and prices become more accessible, E-bikes are likely to grow even more popular. However, as E-bike use has risen, so have accident rates. A study published in the online journal Injury Prevention found that E-bike riders face a higher risk of accidents than traditional bicycle riders.
While Los Alamitos has made progress in promoting E-bike safety, the City continues to seek additional ways to enhance outreach and enforcement efforts to create a safer, more informed E-bike community. The police department has partnered with the school district to educate young riders on safe E-bike operation, but the City currently has no specific regulations to address E-bike safety.
In response to the Orange County Grand Jury’s recommendations, staff has drafted Ordinance No. 2024-02, for the City Council's review. This ordinance proposes adding Chapter 10.45, "Electric Conveyances," to the municipal code. Adopting this ordinance would empower the police department to improve E-bike safety within the community and fulfill the Grand Jury’s recommendation.
FISCAL IMPACT
None.
Attachment: 1. Ordinance 2025-01 - E-Conveyances
ORDINANCE NO. 2025-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS ADDING CHAPTER 10.45 (E-CONVEYANCES) TO TITLE 10
OF THE LOS ALAMITOS MUNICIPAL CODE RELATING TO VEHICLES
SUCH AS E-BIKES
The City Council of the City of Los Alamitos does hereby ordain as follows:
SECTION 1. The City Council makes the Following Findings A. The Los Alamitos Municipal Code’s current regulations regarding bicycles were adopted in 1974 and most recently amended in 2003. Accordingly, the Municipal Code regulations do not address modern electric or motorized bicycles (collectively “E-bikes”).
SECTION 2. That Chapter 10.45 is hereby added to the Los Alamitos Municipal Code which shall read as follows:
Title 10 – Vehicles and Traffic.
Chapter 10.45 Electric Conveyances.
Sec. 10.45.010 Definitions.
For the purpose of this Chapter, the following words and phrases are defined as follows:
“Bicycle” is a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5, through a belt, chain, or gears, and having one or more wheels.
“Bicycle Lane” also referred to as “Class II bikeways,” which provides a restricted right-of-way designated for the exclusive or semi-exclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted.
“Bicycle Path” also referred to as “Class I bikeways,” which provide a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized.
“E-Conveyance” means any Electric Bicycle, Electric Scooter, Electric Skateboard, Moped, Motor Driven Cycle, Motorized Scooter, Pocket Bike or other device propelled by an electric motor and designed to convey 1 or more people.
CC ORD 2025-01
“Electric Bicycle” or “E-bike” is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts as defined by California Vehicle Code Section 312.5(a). There are three (3) categories for E-bikes.
(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. “Enforcement Officer” means any peace officer, or other City employee designated by the City Manager authorized to administer or process violations related to this Chapter.
“Highway” is a way or place of whatever nature, maintained and open to the use of the public for purposes of vehicular travel. “Highway” includes street. “Moped or Motorized Bicycle” is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. “Motor Driven Cycle” is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406 of the California Vehicle Code.
“Motorized Scooter” shall have the same definition as that of California Vehicle Code Section 407.5(a).
“Pocket Bike” is a two-wheeled motorized device that has a seat or saddle for the use of the rider, and that is not designed or manufactured for highway use. “Pocket bike” does not include an off-highway motorcycle, as defined in Section 436 of the California Vehicle Code.
CC ORD 2025-01
“Roadway” is that portion of a highway improved, designed, or ordinarily used for vehicular travel.
“Sidewalk” is that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
SECTION 3. That Section 10.84.140 of the Los Alamitos Municipal Code is hereby added to read as follows:
10.45.020 Scope.
This division shall apply to the use of E-Conveyances, in conformity with State law, and shall apply to any E-Conveyance operated upon any street or sidewalk, public property or upon any public path set aside for the use of bicycles or E-Conveyances. The provisions contained herein are enacted pursuant to California Vehicle Code § 21206 pertaining to the regulation of the operation, use and equipment of bicycles, and are not intended to conflict in any way with the provisions thereof.
10.45.030 Riding E-Conveyances in an unsafe manner.
No person shall operate an E-Conveyance in an unsafe manner on a public roadway, highway, sidewalk, park, or private property open to the public. (a) Unsafe manner means a rider violating any provision of the Los Alamitos Municipal Code, California Vehicle Code, or other existing law. An unsafe manner can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.
10.45.040 Obedience to traffic-control devices.
It shall be unlawful for any person operating an E-Conveyance to fail to obey the instructions of official traffic-control signs and other traffic-control devices applicable to vehicles or bicycles, unless otherwise directed by a police officer, crossing guard, construction worker, or other person responsible for directing traffic.
10.45.050 Use of headphones or earbuds.
It shall be unlawful for any person to operate an E-Conveyance while wearing headphones, earbuds or any other device which obstructs, or covers the ear canal.
10.45.060 Helmets.
A person under the age of 18 must wear a properly fitted and fastened bicycle helmet when riding an E-Conveyance on a sidewalk, bicycle path, bicycle trail, public roadway, or highway regardless of class.
CC ORD 2025-01
B. All persons operating or riding as a passenger on a Class 3 electric bicycle shall comply with Section 21213 of the California Vehicle Code regarding the wearing of a properly fitted and fastened bicycle helmet.
10.45.070 Method of riding; number of riders.
No person operating an E-Conveyance shall carry more persons at one time than the number for which the bicycle or E-Conveyance is designed and equipped.
10.45.080 Riding on roadways.
(A) Any person operating a bicycle or E-Conveyance upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:
1. When overtaking and passing a bicycle, E-Conveyance or vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge. “Substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane.
(B) Persons riding E-Conveyances on a roadway or sidewalk shall not ride more than two abreast.
(C) The operator of an E-Conveyance shall travel in the same direction as vehicles that are required to be driven upon the roadway; regardless of whether or not the operator is in the roadway. This section also applies to any sidewalk less than eight feet in width, unless there is no accompanying sidewalk on the opposite side of the street, or wherever posted signs prohibit such behavior.
10.45.090 Speed.
No person shall operate a bicycle or E-Conveyance at a speed greater than is reasonable and prudent under the conditions then existing, and in no event at a speed which endangers the safety of persons or property. No E-Conveyance operator shall travel over 28 miles per hour on a sidewalk, bicycle path, bicycle trail, public roadway, or highway regardless within the City.
CC ORD 2025-01
10.45.100 Emerging from, entering alley, driveway, bicycle path, etc.
The operator of an E-Conveyance emerging from an alley, driveway, bicycle path, building or otherwise approaching upon a sidewalk or sidewalk area shall yield the rightof-way to all pedestrians on such sidewalk or sidewalk area, and upon entering a roadway, shall yield the right-of-way to all vehicles or bicycles on the roadway.
10.45.110 Parking.
No person shall leave an E-Conveyance lying on its side on any sidewalk, nor park an EConveyance in an area open to pedestrian access except in such a manner as to afford the least obstruction to pedestrian traffic. No person shall park an E-Conveyance in a public highway in the area designated by appropriate signs.
10.45.120 Riding on sidewalks, playgrounds, etc.
(A) Subject to the restrictions enumerated herein, E-Conveyances are generally permitted on any sidewalk, bicycle path, bicycle trail, public roadway, or highway as permitted within the City.
(B) Riding on sidewalks: It shall be unlawful for any person to operate a Class 3 electric bicycle or electric scooter on any sidewalk within the City. (C) No person shall operate an E-Conveyances upon a sidewalk within a business district, upon sidewalks adjacent to any public-school building when school is in session, recreation center when in use, church during services, over any pedestrian overcrossing or other area designated as prohibited by posted signs, including temporary signs installed for events.
(D) Whenever any person is riding an E-Conveyance upon a sidewalk, bicycle path, or bicycle trail, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing pedestrians. (E) No person shall ride or operate an E-Conveyance upon any playground, park or public school property not designated as a bicycle path or route unless specifically posted as authorized for such use.
10.45.130 Equipment.
It shall be unlawful to operate an E-Conveyance, within the City, without all of the equipment requirements contained in California Vehicle Code § 21201, and this Chapter.
10.45.150 Penalties.
(A) Any person who violates the provisions of this Chapter shall be guilty of an infraction.
CC ORD 2025-01
(B) Responsibility of parent(s): The parent or legal guardian of any minor child under the age of 18 shall not authorize or knowingly permit any minor child to violate any of the provisions of this Chapter.
(C) In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter may, in lieu of an infraction penalty, be issued an administrative citation in accordance
with Chapter 1.18 of this Code in the following amounts:
(1) A fine of $100.00 for a first violation of this Chapter. (2) A fine of $200.00 for a second violation of this Chapter within one year from the date of the first violation.
(3) A fine of $500.00 for each additional violation of this Chapter within one year from the date of the first violation.
(a) Upon issuance of an administrative citation, an Enforcement Officer, in their sole discretion, may allow a person who violates any provision(s) of this Chapter to complete an approved safety diversion program within 120-days, at the violator’s expense, as assigned by the Enforcement Officer. Upon successful completion of an approved safety diversion program, the administrative citation issued pursuant to this Chapter will be dismissed. When the violator issued an administrative citation is under the age of 18, a parent or legal guardian must accompany the violator to attend the approved safety diversion program. The City may establish a safety diversion program fee reflecting the City’s personnel, administrative, and programmatic costs, which shall be established by resolution of the City Council. The City Manager is authorized to develop additional regulations regarding the safety diversion program authorized by this section, not in conflict with this Chapter.
(b) This Chapter shall not preclude or prohibit an Enforcement Officer from issuing a misdemeanor or infraction citation to a court of competent jurisdiction for any violation of the California Vehicle Code or other offense committed while operating an E- Conveyance
(c) If a person under the age of 18 is found in violation of any provisions of this Chapter, and no parent or legal guardian is present, and the unsafe manner in which the regulated mobility device was operated constitutes an immediate danger to the health and safety of the juvenile operator or to members of the public, the Enforcement Officer may take immediate possession of the EConveyance and transport the device for safekeeping to the Los Alamitos Police Department facility; thereafter, the E-Conveyance shall be released by the Los Alamitos Police Department to the legal owner of the device and/or to the parent or legal guardian of the minor violator.
CC ORD 2025-01
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED AND ADOPTED by the City Council of the City of Los Alamitos at a regular meeting thereof held on the 18th day of February 2025. _________________________________
Shelley Hasselbrink, Mayor
ATTEST:
________________________________
Windmera Quintanar, MMC City Clerk
APPROVED AS TO FORM:
________________________________
Michael S. Daudt, City Attorney
CC ORD 2025-01
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of January, 2025, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of February, 2025, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 21, 2025 ITEM NUMBER: 11B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Ordinance 2025-02 - Informal Bidding - Public Works
SUMMARY
This item recommends adoption of an ordinance establishing informal bidding policies and procedures for public works projects involving an expenditure at or below the $125,000 formal bidding threshold set forth in Section 1206 of the City Charter.
RECOMMENDATION
1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2025- 02, and set for adoption; and,
2. City Attorney Daudt read the title of Ordinance No. 2025-02, entitled, “An ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER
2.62 (INFORMAL BIDDING – PUBLIC WORKS) TO THE LOS ALAMITOS MUNICIPAL CODE.”
BACKGROUND
The City of Alamitos, City Government Accountability, Transparency, Charter Reform Measure (“Measure X”) was approved by a majority of voters at the November 5, 2024 General Election.
As amended by Measure X, Section 1206 (Contracts on Public Works) of Article XII (Fiscal Administration) of the City Charter requires contracts for public works, including the construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks or playgrounds involving an expenditure of more than $125,000 (the “Formal Bidding Threshold”) to be let to the lowest responsible bidder utilizing a formal process including a publication of a notice inviting bids and the award of contract by the City Council.
The proposed ordinance would codify informal bidding policies and procedures to ensure efficient procurement of public works projects involving an expenditure at or below the Formal Bidding Threshold. The proposed ordinance, with the increase in the threshold, will shorten the timeline of Public Works' related project from 6-8 months to 1-2 months.
DISCUSSION
The passage of Measure X by the voters of Los Alamitos this past election (November 2024) offered several key reforms, including updating the Public Works contracting requirements.
The amendment increases the threshold for formal bid solicitation and City Council-awarded Public Works Contract from $10,000, established and set in 1966, to $125,000 to account for
inflation. City Charter Section 1206 requires public works projects valued at more than the $125,000 Formal Bidding Threshold to be awarded by the City Council to the lowest responsible bidder following a formal solicitation process. Section 1206 does not specify how to award contracts for smaller projects. The proposed ordinance would establish informal bidding policies and procedures consistent with the California Uniform Public Construction Cost Accounting Act (Section 22030 et seq. of the California Public Contract Code).
The California Uniform Public Construction Cost Accounting Act (the “Act”) was created in 1983 as an alternative bidding procedure designed to reduce costs, expedite the awards process, improve efficiencies, and simplify the administration of smaller public projects.
Statewide, 298 cities and 47 counties utilize the Act’s informal bidding procedures.
The Act establishes the following contacting procedures and dollar amount limitations:
(a) Public projects of $75,000 or less may be performed by the employees of a public agency by force account, negotiated contract, or purchase order. (b) Public projects of two hundred twenty thousand dollars $220,000 or less may be let to contract by informal procedures as set forth in the Act. These procedures include providing detailed notice inviting informal bids to qualified contractors no less than ten days before the bids are due.
(c) Public projects of more than $220,000 shall be let to contract by formal bidding procedure.
Pursuant to the terms of the Act, the maximum dollar amounts authorized by the Act for informal bidding of public projects are periodically subject to change by the state of California.
The proposed ordinance tracks the contracting procedures and dollar amount limitations of the Act, with one notable exception. Whereas the Act permits informal bidding for projects of $220,000 or less, the proposed ordinance requires formal bidding for any project valued in excess of $125,000 to comport with the Formal Bidding Threshold set forth in Section 1206 of the City Charter.
The proposed ordinance authorizes the City Manager to award public works contracts subject to the informal bidding limits. In the event all informal bids received exceed the $125,000 Formal Bidding Threshold, the City Council may – by a 4/5ths vote of City Council – award the contract to the lowest responsible informal bidder so long as the bids received do not exceed the Formal Bidding Threshold by more than 5%. If this contingency amount is exceeded, or if the City Council does not approve the contract by a 4/5ths vote, the project would be advertised and re-bid through the Request for Proposal (RFP) process pursuant to Section 1206 of the City Charter.
FISCAL IMPACT
None.
Attachment: 1. Ordinance 2025-02 - Informal Bidding - LAMC Chapter 2.62
4891-8745-5959, v. 1
ORDINANCE NO. 2025-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER 2.62
(INFORMAL BIDDING – PUBLIC WORKS) TO THE LOS
ALAMITOS MUNICIPAL CODE
WHEREAS, the City of Alamitos, City Government Accountability, Transparency, Charter Reform Measure (“Measure X”) was approved by a majority of voters at the November 5, 2024 General Election; and,
WHEREAS, Measure X amends Section 1206 (Contracts on Public Works) of Article XII (Fiscal Administration) of the City Charter to require contracts for public works, including the construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks or playgrounds involving an expenditure of more than $125,000 (the “Formal Bidding Threshold”) to be let to the lowest responsible bidder utilizing a formal process including a publication of a notice inviting bids and the award of contract by the City Council.
WHEREAS, the City desires to adopt informal bidding policies and procedures to ensure efficient procurement of public works projects involving an expenditure at or below the Formal Bidding Threshold; and,
WHEREAS, the informal bidding policies and procedures set forth herein are consistent with the Uniform Public Construction Cost Accounting Act (the “Act”) (Section 22030 et seq. of the California Public Contract Code).
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. Chapter 2.62 (Informal Bidding – Public Works) is hereby added to Title 2 (Administration and Personnel) of the Los Alamitos Municipal Code to read as follows:
Chapter 2.62 INFORMAL BIDDING – PUBLIC WORKS
§ 2.62.010 Public work defined.
§ 2.62.020 Contracting procedures, dollar amount limitations, and authority. § 2.62.030 Contractors list.
§ 2.62.040 Notice inviting informal bids.
CC ORD 2023-04
4891-8745-5959, v. 1
§ 2.62.050 Emergencies.
§ 2.62.060 Informal bids received in excess of the Charter bidding threshold. § 2.62.010 Public work defined.
A. For purposes of this chapter, the term “public work” shall have the same meaning as “public project” set forth in the Uniform Public Construction Cost Accounting Act (“Act”) (Public Contract Code § 22030 et seq.), as may be amended from time to time, which is defined in relevant part as follows:
1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; and,
2. Painting or repainting of any publicly owned, leased, or operated facility; B. The term “public work" does not include maintenance work. "Maintenance work" includes all of the following:
1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;
2. Minor repainting;
3. Resurfacing of streets and highways at less than one inch; and,
4. Landscape, maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
§ 2.62.020 Contracting procedures, dollar amount limitations, and authority.
A. A public work of $75,000 or less (or the then current amount specified in Section 22032(a) of the Public Contract Code, if different) may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.
B. A public work of $125,000 or less (or the then current bidding threshold amount adjusted in accordance with Section 1206 of the Los Alamitos City Charter, if different) may be let to contract by informal bidding procedures in accordance with Public Contract Code § 22030 et seq. and as set forth in this chapter. A public work of more than $125,000 (or the then current bidding threshold amount adjusted in accordance with Section 1206 of the Los Alamitos City Charter, if different) shall be let to contract by formal bidding procedures in accordance with the City Charter.
CC ORD 2023-04
4891-8745-5959, v. 1
C. The City Manager is authorized to award and execute contracts for public works of $125,000 or less (or the then current bidding threshold amount adjusted in accordance with Section 1206 of the Los Alamitos City Charter, if different) pursuant to the informal bidding procedures set forth in this chapter, provided there exists an unencumbered appropriation in the approved budget against which such procurement may be charged.
§ 2.62.030 Contractors list.
The City Manager or the City Manager’s designee may develop and maintain a list of qualified contractors, identified according to categories of work in accordance with the minimum criteria determined by the California Uniform Construction Cost Accounting Commission (“Commission”).
§ 2.62.040 Notice inviting informal bids.
A. Where a public work is subject to the informal bidding procedures of this chapter, a notice inviting informal bids shall be provided to contractors in accordance with either paragraph (1) and/or (2) below. If the City does not maintain a list of qualified contractors pursuant to Section 2.62.030, the notice inviting informal bids shall only be provided to contractors in accordance with paragraph (2) below.
1. A notice inviting informal bids may be mailed, faxed, or emailed not less than ten (10) calendar days before bids are due to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 2.62.030.
2. A notice inviting informal bids may be mailed, faxed, or emailed not less than ten (10) calendar days before bids are due to all appropriate construction trade journals as specified by the Commission. Additional contractors and/or construction trade journals may be notified at the discretion of the City Manager or the City Manager’s designee.
B. The notice inviting informal bids shall: (1) describe the project in general terms; (2) explain how to obtain more detailed information about the proposed public work; and (3) state the time, date and location for the submission of bids.
C. If the product or service required to be performed is, at the discretion of the City Manager, determined to be proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. (Public Contract Code § 22034(a)(1)). § 2.62.050 Emergencies.
A. In cases of emergency when repair or replacements are necessary, the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let
CC ORD 2023-04
4891-8745-5959, v. 1
contracts. The work may be done by day labor under the direction of the City Council, by contractor, or by a combination of the two. (Public Contract Code § 22035).
B. In case of an emergency, if notice for bids to let contracts will not be given, the City shall comply with Chapter 2.5, Part 3, Division 2 of the Public Contract Code (commencing with § 22050), as may be amended from time to time. § 2.62.060 Informal bids received in excess of the Charter bidding threshold.
If all informal bids received exceed the $125,000 bidding threshold by up to five (5) percent (or five (5) percent above the then current bidding threshold amount adjusted in accordance with Section 1206 of the Los Alamitos City Charter, if different), the City Council may, by adoption of a resolution by a 4/5ths vote, award the contract to the lowest responsible bidder, if the City Council determines that the City’s cost estimate was reasonable.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this ___th day of ______, 2025.
Shelley Hasselbrink, Mayor
ATTEST:
Windmera Quintanar, MMC, City Clerk
CC ORD 2023-04
4891-8745-5959, v. 1
APPROVED AS TO FORM:
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of January, 2025, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ___ day of _____, 2025, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 21, 2025 ITEM NUMBER: 11C
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: Ordinance 2025-03 - Lobbyist Registration and Reporting
SUMMARY
This item recommends adoption of an ordinance establishing lobbyist registration and reporting policies, procedures and regulations to implement Section 505 of the City Charter.
RECOMMENDATION
1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2025- 03, and set for adoption; and,
2. City Attorney Daudt read the title of Ordinance No. 2025-03, entitled, “An ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER 2.58 (LOBBYIST REGISTRATION AND REPORTING) TO THE LOS ALAMITOS MUNICIPAL CODE.”
BACKGROUND
The City of Alamitos, City Government Accountability, Transparency, Charter Reform Measure (“Measure X”) was approved by a majority of voters at the November 5, 2024 General Election.
Measure X amends Article V (Elective Officers) of the City Charter by adding Section 505, which reads:
“§ 505. Lobbyist Registration and Reporting. Persons or firms that try to influence City decisions by lobbying City Councilmembers, the City Manager, or other City Officers shall be required to register their names and the names of their clients with the City Clerk and disclose the nature of their lobbying efforts, compensation, donations, and fundraising efforts. Such registration and disclosures shall be made accessible to the public. The City Council shall adopt policies, procedures and regulations as needed to implement this section.” The proposed ordinance would codify lobbyist registration and reporting policies, procedures and regulations to implement Section 505 of the City Charter, as approved by a majority vote by the citizens of Los Alamitos.
DISCUSSION
The proposed ordinance would add Chapter 2.58 (Lobbyist Registration and Reporting) to the Los Alamitos Municipal Code. Chapter 2.58 would regulate persons who are paid or compensated by others to attempt to influence official City actions (e.g., granting or denying any permit, license, or other entitlement of use).
Chapter 2.58 defines what constitutes “lobbying” and who qualifies as a “lobbyist.” Lobbyists would be required to file a lobbyist registration form with the City Clerk prior to engaging in lobbying activities in the City. This form would include the names of the lobbyist’s clients, describe the nature of their lobbying activities, and list any payments made to, or on behalf of a City representative or a member of the representative’s family.
City representatives covered by the ordinance include, without limitation, the City Council, members of any appointed board or commission of the City, the City Manager, the City Clerk, the City Treasurer, the City Attorney, the City Engineer, and department directors.
Chapter 2.58 includes exemptions from the registration and reporting requirements for (a) government officials, (b) media outlets, (c) City consultants, (d) property owners/business owners, (e) employees, officers, board members of a business entity subject to a City decision, (f) technical consultants acting on behalf of an applicant, (g) bidders on competitive procurements, (h) persons requesting information concerning a municipal question, and (i) persons providing comments in the course of a public proceeding.
FISCAL IMPACT
None.
Attachment: 1. Draft Lobbyist Registration Ordinance_LAMC Chapter 2.58 4926-5224-5512 v.1
4926-5224-5512, v. 1
ORDINANCE NO. 2025-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, ADDING CHAPTER 2.58
(LOBBYIST REGISTRATION AND REPORTING) TO THE LOS
ALAMITOS MUNICIPAL CODE
WHEREAS, the City of Alamitos, City Government Accountability, Transparency, Charter Reform Measure (“Measure X”) was approved by a majority of voters at the November 5, 2024 General Election; and,
WHEREAS, Measure X amends Article V (Elective Officers) of the City Charter by adding Section 505, which reads:
“§ 505. Lobbyist Registration and Reporting. Persons or firms that try to influence City decisions by lobbying City Councilmembers, the City Manager, or other City Officers shall be required to register their names and the names of their clients with the City Clerk and disclose the nature of their lobbying efforts, compensation, donations, and fundraising efforts. Such registration and disclosures shall be made accessible to the public. The City Council shall adopt policies, procedures and regulations as needed to implement this section”; and,
WHEREAS, this Ordinance codifies lobbyist registration and reporting policies, procedures and regulations to implement Section 505 of the City Charter.
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. Chapter 2.58 (Lobbyist Registration and Reporting) is hereby added to Title 2 (Administration and Personnel) of the Los Alamitos Municipal Code to read as follows:
Chapter 2.58 LOBBYIST REGISTRATION AND REPORTING
§ 2.58.010 Purpose.
§ 2.58.020 Definitions.
§ 2.58.030 Registration and annual reporting required.
§ 2.58.040 Exemptions.
§ 2.58.050 Reporting made available to the public.
§ 2.58.060 Enforcement.
4926-5224-5512, v. 1
§ 2.58.010 Purpose.
The purpose of this chapter is to implement Section 505 of the City Charter of the City of Los Alamitos by requiring lobbyists engaged in lobbying activities as set forth herein, to register themselves and their clients and disclose the nature of their lobbying efforts, compensation, donations, and fundraising efforts. This information shall be accessible to the public.
§ 2.58.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
“City representative” means local officeholders and officials designated in Government Code Section 87200 of the Political Reform Act, as the same may be amended, or otherwise required to file "Form 700" including without limitation members of the City Council, members of any appointed board or commission of the City, the City Manager, the City Clerk, the City Treasurer, the City Attorney, the City Engineer, and department directors.
“Client” means both the person who compensates a lobbyist or lobbying firm for the purpose of contacting a City representative and attempting to influence an official action of the City and the person on whose behalf a lobbyist or lobbying firm attempts to influence such municipal action even if the lobbyist or lobbing firm is compensated by another person for such representation.
“Compensation” means money or anything of value, delivered or rendered; or promises to perform or provide services or contractual arrangements or awards. “Influence” means contacting, either directly or indirectly, for the purpose of conducting lobbying activities, by any means.
“Lobbying” or “lobbying activities” means influencing or attempting to influence a City representative, by any means of verbal, written, or electronic communication, or otherwise, regarding any official decision of a City representative, including, but not limited to, a legislative, quasi-judicial or administrative action or decision including adopting an ordinance, resolution, regulation or policy, granting or denying any permit, license or other entitlement of use, or awarding a contract or grant (“official action”). “Lobbyist” or “lobbying firm” means any person that receives compensation, or becomes entitled to receive compensation, for engaging in lobbying activities. “Person” means any individual or business entity including, but not limited to, a domestic or foreign corporation, firm association, syndicate, joint stock corporation, partnership of every kind, club, business or trust, society, or limited liability company. § 2.58.030 Registration and annual reporting required.
A. Within fifteen (15) days of lobbying in the City of Los Alamitos, a lobbyist shall register with the City Clerk by:
4926-5224-5512, v. 1
1. Paying the lobbyist registration fee (per project), which fee may be adopted by resolution of the City Council. The lobbyist registration fee, including annual renewal and penalties, shall cover, and not exceed, the costs associated with administering the lobbyist registration and reporting program described herein; and
2. Completing and filing the lobbyist registration form (per project), as provided by the City Clerk, which shall include, at a minimum, a written statement containing the following information, certified as true under penalty of perjury:
a. The full name, business address, email address and telephone number of the lobbyist, and, if the lobbyist is a business entity or other organization, the full name, business address, email address and telephone number of each person employed by or otherwise associated with the business entity or organization who will be engaging in lobbying activities;
b. The full name, business address, email address and telephone number of each client by whom the lobbyist has been employed, retained or engaged by to perform lobbying activities and/or on whose behalf such lobbying activities will be performed;
c. The nature of each client’s business;
d. A description of lobbying activities which the lobbyist has been employed, retained or engaged to perform; and
e. The date, amount, and description of any payment made to, or on behalf of any City representative or member of a City representative’s family within the preceding twelve (12) months.
B. An amendment to the lobbyist registration form must be completed and filed with the City Clerk by the lobbyist within thirty (30) days from the time lobbyist knows, or should have known, of any change in the accuracy of the information provided in the initial or renewal registration.
C. Within thirty (30) days of the annual anniversary of initial registration, the lobbyist shall submit a renewal form and pay the required lobbyist registration fee.
D. No person who qualifies as a lobbyist shall contact or communicate with a City representative prior to completing and filing a lobbyist registration form and paying fees as a lobbyist and identifying himself or herself to the City representative as a lobbyist.
E. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not represent, either directly or indirectly, orally or in writing, that that person can control or obtain the vote or action of any City representative.
4926-5224-5512, v. 1
§ 2.58.040 Exemptions.
The following persons are exempt from the requirements of this chapter unless otherwise specified:
A. A public official or public employee acting in his or her official capacity; B. Any newspaper or other regularly published periodical, radio or television station, website, podcast, or social media account (including any individual who owns, publishes, or is employed by any such newspaper, periodical, radio or television station, website, podcast, or social media account) which in the ordinary course of business publishes news items, editorials or other comments, or paid advertisements, which directly or indirectly urge action upon official actions of the City, if such newspaper, periodical, radio or television station, website, podcast, social media account or individual engages in no further or other activities in connection with action upon any such official action;
C. Any person hired by the City to conduct lobbying activities for the City for City projects; D. Any person representing themselves in attempting to obtain a decision related to their own property or business;
E. Any employee, officer, or board member of a business entity when addressing, in his or her capacity as an employee, officer, or board member of such business entity, an issue impacting the business entity;
F. Any technical consultant acting on behalf of an applicant whose attempts to influence an official action are limited solely to providing information, analysis, or explanation necessary to the processing or review of an application or agreement to be acted upon by the City;
G. Any person whose only activity is submitting a bid on a competitively awarded contract, submitting a written response to, or participating in an oral interview related to a request for proposals, request for bids, or request for qualifications, or negotiating the terms of a written agreement with a City representative following a request for proposals, request for bids, or request for qualifications process; H. Any person merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a City representative; or
I. Any person filing a written comment in the course of a public proceeding or otherwise providing comments on the record in a public proceeding. § 2.58.050 Reporting made available to the public.
The City Clerk shall make all lobbyist registration reports available to the public.
4926-5224-5512, v. 1
§ 2.58.060 Enforcement
A. Violations of this chapter may be charged as an infraction and, upon conviction thereof, shall be punishable as provided for in this code.
B. Each day any violation of any said provision of this chapter is committed or permitted to continue shall constitute a separate offense.
C. Any person in violation this chapter may not act as a lobbyist within the City or otherwise attempt to influence an official action for one year after such a conviction.
D. Use of criminal enforcement and/or administrative citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violations of this chapter.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this ___th day of ______, 2025.
Shelley Hasselbrink, Mayor
ATTEST:
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
Michael S. Daudt, City Attorney
4926-5224-5512, v. 1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of January, 2025, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ___ day of _____, 2025, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 21, 2025 ITEM NUMBER: 11D
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: Ordinance 2025-04 - Commission Membership
SUMMARY
The City of Los Alamitos has four commissions consisting of Parks, Recreation, and Cultural Arts, Personnel Appeals, Planning, and Traffic. Excluding the Personnel Appeals Commission, these commissions consist of seven members. This item proposes reducing the membership to five, consistent with the makeup of the City Council and Personnel Appeals Commission.
RECOMMENDATION
1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2025- 04, and set for adoption; and,
2. City Attorney Daudt read the title of Ordinance No. 2025-04, entitled, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ESTABLISHING A FIVE-PERSON MEMBERSHIP FOR CITY COMMISSIONS AND BOARDS"; and,
3. Discuss the preferred method for Commission appointment and direct staff to bring back a policy for adoption; and,
4. Direct the City Clerk to postpone recruitment until Ordinance No. 2025-04 becomes effective; and,
5. Direct the City Clerk to inform all incumbents and applicants of the new regulations and invite them to apply if interested.
BACKGROUND
The City Council has discussed the possibility of reducing the membership of the Parks, Recreation, Cultural Arts, Planning, and Traffic Commission to five. This would mirror the makeup of the City Council.
DISCUSSION
Recruiting interested parties for the various City boards and commissions throughout the years has become increasingly challenging. Our current recruitment has been extended until the end of January due to a lack of applications. The Parks, Recreation, and Cultural Arts Commission has had a vacancy for over six months. We received one application for this vacancy. The
Planning Commission had five terms expire in December. One incumbent has reapplied, and two new applications have been received.
Section 2.30.010 of the Los Alamitos Municipal Code (LAMC) states that terms are for three years and must be filled by city residents. On January 16, 2007, the City Council adopted our current recruitment practice by minute order. When a vacancy occurs, the City Clerk's Office posts a Notice of Availability; all interested parties (including incumbents) must submit an application and be interviewed by the City Council. Appointments are made by a majority vote of the Council.
Ordinance No. 2025-04 proposes to reduce the membership of the Parks, Recreation, and Cultural Arts Commission, Planning Commission, and Traffic Commission to 5.
Council may also desire to confirm the desired method for appointment. Options include, but are not limited to:
1. Continuation of posting an availability notice and interviewing all applications for appointment
2. Council to recommend one appointee per Commission to be approved by a majority vote of the City Council
3. One appointee per district per commission
If Council is satisfied with the current recruitment process, no further action is needed. If Council wants to change the recruitment process, direction can be provided to staff. A policy will be brought to the next meeting with the adoption of Ordinance No. 2025-04.
FISCAL IMPACT
None.
Attachment: 1. Ordinance No. 2025-04 - Commission Membership
ORDINANCE NO. 2025-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LOS ALAMITOS, CALIFORNIA, ESTABLISHING A
FIVE-PERSON MEMBERSHIP FOR CITY
COMMISSIONS AND BOARDS
WHEREAS, the City Council consists of five members; and, WHEREAS, the City Council desires the membership of its Commissions and Boards to mirror the Council in makeup.
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.36, Parks, Recreation and Cultural Arts Commission of the Los Alamitos Municipal Code, is hereby amended to read as follows (deleted text in strikethrough; new text in underline):
2.36.010 Established
A Los Alamitos parks, recreation, and cultural arts commission consisting of seven five members is established with membership, powers, and duties as provided for in this chapter and other applicable law.
SECTION 2. Chapter 2.38, Planning Commission of the Los Alamitos Municipal Code, is hereby amended to read as follows (deleted text in strikethrough; new text in underline):
2.38.010 Established.
A Los Alamitos planning commission consisting of seven five members is established with membership, powers, and duties as provided for in this chapter and other applicable law.
SECTION 3. Chapter 2.10, Traffic Commission of the Los Alamitos Municipal Code, is hereby amended to read as follows (deleted text in strikethrough; new text in underline):
2.40.010 Established.
A Los Alamitos traffic commission consisting of seven five members is established with membership, powers, and duties as provided for in this chapter and other applicable law.
CC ORD 2025-04
PASSED, APPROVED, AND ADOPTED this 18th day of February, 2025.
Shelley Hasselbrink, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance No. 2025-04 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of January, 2025 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18th day of February, 2025, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 21, 2025 ITEM NUMBER: 12A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, City Clerk
Subject: Southern California Association of Governments (SCAG) 2025 Regional Conference and General Assembly
SUMMARY
The Southern California Association of Governments (SCAG) Regional Conference and General Assembly will be held at the JW Marriott Desert Springs Resort and Spa in Palm Desert, CA on May 1-2, 2025. Each year, SCAG’s member cities select a Delegate and/or Alternate to represent their City and participate at the conference.
RECOMMENDATION
1. Appoint a representative to attend and serve as the City’s Voting Delegate for the Southern California Association of Governments (SCAG) General Assembly; and,
2. Appoint a Council Member to attend and serve as the City’s Alternate Voting Delegate in the event of the Voting Delegate’s absence.
BACKGROUND
Southern California Association of Governments (SCAG) is the nation's largest metropolitan planning organization, representing six counties, 191 cities and more than 18 million residents.
SCAG undertakes a variety of planning and policy initiatives to encourage a more sustainable Southern California now and in the future.
At least once every year, SCAG convenes the General Assembly to help set the agency's course for the coming year. The General Assembly is a forum where policy matters can be identified and addressed. A quorum of the General Assembly consists of official representation from one-third of the member cities and one-third of the member counties.
Each member county and each member city has one official representative and one alternate in the General Assembly, except the City of Los Angeles, which has three official representatives and three alternates due to its population size. Member cities and counties must communicate the names of their official representatives and alternates to SCAG within 45 days before the annual meeting of the General Assembly.
DISCUSSION
One aspect of SCAG’s 2025 Regional Conference is the General Assembly where the membership considers and takes action on the Fiscal Year budget, SCAG Officers, and
proposed amendments to the SCAG Bylaws.
In order to facilitate the conduct of business at the General Assembly Meeting, each City Council must designate a Voting Delegate and Alternate. Designation of the Delegate is consistent with SCAG’s Bylaws. Each city Delegate Representative (or Alternate in the absence of the Delegate) will vote on agenda items pertaining to the General Assembly – Business Meeting.
FISCAL IMPACT
Attendance at the conference is provided at no cost for the voting delegate.
Attachment: None