Los Alamitos City Council
February 18, 2025

ATTACHMENT 2

CITY OF LOS ALAMITOS
Pooled Investment Portfolio Holdings
December 31, 2024

DESCRIPTION CUSIP COUPON MATURITY INVESTMENT PURCH PURCH AMORTIZED YIELD ON MARKET OF SECURITY REF RATE DATE RATING DATE COST 2 COST MATURITY VALUE 3

MONEY MARKET ACCOUNTS
US Bank Varies Varies Coll. 1 Varies 2,839,717.86 2,839,717.86 0.50% 2,839,717.86 SUBTOTAL MONEY MARKET ACCOUNTS 2,839,717.86 2,839,717.86 2,839,717.86 LOCAL AGENCY INVESTMENT FUND (LAIF) Varies Varies Varies 2,594,943.57 2,594,943.57 100.21% 2,600,291.97 CALIFORNIA ASSET MANAGEMENT POOL (CAMP) Varies Varies Varies 28,362.31 28,362.31 28,362.31 PARS TRUST Varies Varies Varies 600,000.00 600,000.00 619,887.11

CERTIFICATES OF DEPOSIT
Medallion Bank Utah CTF 58404DHQ7 0.55% 07/30/25 FDIC 07/30/20 249,000.00 249,000.00 0.55% 243,802.02 Texas Exchange Bank SSB 88241TLA6 0.80% 06/04/26 FDIC 06/04/21 248,000.00 248,000.00 0.80% 236,723.38 Sallie Mae Bank Salt Lake UT 795451AF0 1.00% 07/28/26 FDIC 07/28/21 248,000.00 248,000.00 1.00% 236,469.92 Wells Fargo Bank NA 949764HK3 5.05% 11/07/28 FDIC 11/03/23 248,000.00 248,000.00 5.05% 258,029.75 Capital One Bank 14042TEU7 2.25% 03/23/27 FDIC 03/16/22 247,000.00 247,000.00 2.25% 237,801.41 Bank of Hapoalim New York 06251A3MO 1.50% 01/22/27 FDIC 01/22/22 250,000.00 250,000.00 1.50% 237,885.79 State Bank of India New York NY 856285C33 1.45% 01/22/27 FDIC 01/22/22 250,000.00 250,000.00 1.45% 237,549.54 Capital One NA 14042RTH4 3.50% 08/03/26 FDIC 08/03/22 245,000.00 245,000.00 3.50% 242,808.09 Ally Bank 02007GXG3 3.45% 08/04/26 FDIC 08/04/22 245,000.00 245,000.00 3.45% 242,619.13 Discover Bank 254673P34 3.50% 08/10/26 FDIC 08/10/22 245,000.00 245,000.00 3.50% 242,814.10 Charles Schwab Bank SSB 15987UBA5 5.05% 03/28/25 FDIC 03/28/23 243,000.00 243,000.00 5.05% 243,464.63 CIBC Bank 12547CBB3 4.35% 04/27/27 FDIC 04/23/23 250,000.00 250,000.00 4.35% 251,816.53 BMO Harris Bank NA Chicago 05600XQE3 4.50% 05/16/28 FDIC 05/16/23 244,000.00 244,000.00 4.50% 248,073.64 Balboa Thrift & Loan CA 05765LBV8 4.40% 07/31/28 FDIC 07/31/23 249,000.00 249,000.00 4.40% 252,782.74 Guardian CR UN Montgomery AL 40135GAA6 5.10% 09/29/28 FDIC 09/29/23 248,000.00 248,000.00 5.10% 258,111.43 Synchrony Bank 87164W2U1 4.75% 09/29/28 FDIC 09/29/23 244,000.00 244,000.00 4.75% 250,906.87 Sunwest Bank Sandy Utah 949764HK3 5.05% 01/07/28 FDIC 09/30/24 249,000.00 249,000.00 5.05% 243,376.80 SUBTOTAL CERTIFICATES OF DEPOSIT 4,202,000.00 4,202,000.00 4,165,035.77

TREASURY OBLIGATIONS
Treasury Bill 9127997LX3 4.84% 12/12/24 AAA 12/1/24 247,019.26 250,000.00 4.84% 249,738.25 U. S Treasury Notes 912828ZF0 0.50% 03/31/25 AAA 5/1/21 501,142.50 500,000.00 0.50% 495,385.74 U. S Treasury Notes 91282CAT8 0.25% 10/31/25 AAA 11/1/21 243,349.00 250,000.00 0.25% 241,865.24 SUBTOTAL TREASURY OBLIGATIONS TOTAL 991,510.76 1,000,000.00 986,989.23 U.S. GOVERNMENT AGENCY SECURITIES
Federal Home Loan Banks 3130BO3M9 5.00% 02/20/29 AAA 04/25/24 249,136.75 250,000.00 5.00% 249,665.27 Federal Home Loan Bank 3130ALCV4 0.75% 02/24/26 AAA 10/28/21 247,368.50 250,000.00 0.75% 240,143.41 Federal Farm Credit Banks 3133ENBK5 1.14% 10/20/26 AAA 12/15/21 248,987.50 250,000.00 1.14% 236,014.32 Federal Home Loan Bank 3130APFU4 1.05% 10/28/26 AAA 10/28/21 249,153.11 250,000.00 1.05% 235,696.30 FHLB STEP-UP 3130APTZ8 0.80% 11/24/26 AAA 11/21/21 500,000.00 500,000.00 0.85% 483,473.58 Federal Home Loan Banks 3130AQJG9 1.65% 01/28/27 AAA 01/22/22 1,000,000.00 1,000,000.00 1.65% 946,911.03 Federal Home Loan Banks 3130AQRH8 2.00% 02/25/27 AAA 02/25/22 1,000,000.00 1,000,000.00 2.00% 952,168.90 Federal Home Loan Banks 3130AR4T5 2.00% 03/22/27 AAA 03/17/22 500,000.00 500,000.00 2.00% 488,821.49 Federal Home Loan Banks 3130AQWJ8 2.05% 03/22/27 AAA 03/03/22 1,001,990.00 1,000,000.00 2.05% 951,660.33 Federal Home Loan Banks 3130ARKD2 3.25% 05/23/25 AAA 05/02/22 500,000.00 500,000.00 3.25% 487,155.53 Federal Home Loan Bank 3130ARYD7 3.25% 05/23/25 AAA 05/02/22 1,000,000.00 1,000,000.00 3.25% 995,538.08 Federal Home Loan Bank 3130ATGG6 4.50% 09/29/25 AAA 09/29/22 500,000.00 500,000.00 4.50% 500,723.23 Federal Farm Credit Banks 3133ENL32 4.23% 09/08/27 AAA 11/04/22 488,813.50 500,000.00 4.23% 496,701.98 Federal Farm Credit Banks 3133EP2Y0 5.17% 02/14/29 AAA 02/14/24 250,000.00 250,000.00 5.17% 249,306.97 Federal Natl Mtg Corp 3135GASP7 4.63% 05/22/29 AAA 05/18/24 248,825.00 250,000.00 4.63% 248,768.43 Federal Home Loan Mtg Corp 3134HABH5 4.25% 07/25/29 AAA 07/01/24 247,462.50 250,000.00 4.25% 246,143.50 Federal Home Loan Banks 3130B2ZM0 4.05% 10/02/29 AAA 11/01/24 250,000.00 250,000.00 4.05% 244,581.74 SUBTOTAL U.S. GOVERNMENT AGENCY SECURITIES 8,481,736.86 8,500,000.00 8,253,474.09

COMMERCIAL PAPER
SUBTOTAL COMMERCIAL PAPER 0.00 0.00 0.00

MUNICIPAL SECURITIES
Placentia-Yorba Linda CA GO Taxable Ref Ser B 725894MX4 4.300% 8/1/2027 Aa2 12/19/22 219,412.50 250,000.00 4.30% 230,960.00 California State GO Unlimited Taxable 13063DRD2 4.420% 10/01/26 Aa2 01/03/23 465,295.00 500,000.00 4.42% 483,525.00 San Diego CA CMNTY CLG GO UNLT 797272RN3 4.050% 05/01/26 Aaa 04/14/23 248,486.40 270,000.00 4.05% 258,422.40 California ST GO TXBL 13063DGB8 4.200% 02/01/28 Aa2 05/15/23 246,970.00 250,000.00 4.20% 249,360.00 Liberty CA Union High Sch Dist 530319SN3 4.050% 08/01/27 Aa2 05/26/23 268,179.00 300,000.00 4.05% 277,104.00 Torrance CA UNIF SCH DIST 8913815A9 4.500% 08/01/27 AA- 06/16/23 271,695.00 295,000.00 4.50% 281,105.50 Citris CA CCD 17741RGF9 4.650% 08/01/28 Aa1 08/30/23 241,046.40 280,000.00 4.65% 252,184.80 California ST GO TXBL Various 13063DC48 4.200% 02/01/28 AA 06/01/23 358,032.00 400,000.00 4.20% 368,392.00 Chaffey CA Community College Dist 157432LP8 4.250% 06/01/28 Aa1 01/26/24 229,160.85 255,000.00 4.25% 232,445.25 Santa Monica-Malibu Unified Sch Dist 802498ZC2 4.120% 08/01/28 Aa1 01/10/24 307,874.00 350,000.00 4.12% 312,606.00 Santa Rosa CA HSD GO 802615K37 4.900% 08/01/28 Aa1 04/25/24 219,367.50 250,000.00 4.90% 226,442.50 CA State Dept of Water Taxable Revenue 13067WRF1 4.600% 12/01/28 Aa1 05/22/24 286,265.10 330,000.00 4.60% 291,828.90 University Calif Rev Series Taxable Gen Bonds 91412HJQ7 3.580% 05/15/29 Aa2 09/27/24 280,473.20 305,000.00 3.58% 270,095.80 SUBTOTAL MUNICIPAL SECURITIES 3,642,256.95 4,035,000.00 3,734,472.15

CORPORATE SECURTIES
Morgan Stanley Finance LLC 61766YMT5 5.1500% 01/20/28 A-1 01/20/23 250,000.00 250,000.00 5.15% 244,623.21 SUBTOTAL CORPORATE SECURITIES 250,000.00 250,000.00 244,623.21 FISCAL AGENT 267.61 267.61 267.61

MISCELLANEOUS CASH 3,500.00 3,500.00 3,500.00
TOTAL CUSTODY HOLDINGS 17,567,504.57 17,987,000.00 17,384,594.45 TOTAL POOLED CASH & INVESTMENTS 23,634,295.92 24,053,791.35 23,476,621.31 1 Collateralized in accordance with Section 53652 of the CA state code. 2 Purchase cost may be more/less than the amortized cost, where the transaction was purchased that included accrued interest or at a discount to take advantage of market conditions. 3 Market value represents the value of the investment at a given point in time and may be different than the acquisition price, the full principal will be recouped at the time of maturity.

ATTACHMENT 2

CITY OF LOS ALAMITOS
Pooled Investment Portfolio Holdings
December 31, 2024

DESCRIPTION CUSIP COUPON MATURITY INVESTMENT PURCH PURCH AMORTIZED YIELD ON MARKET OF SECURITY REF RATE DATE RATING DATE COST 2 COST MATURITY VALUE 3

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 18, 2025 ITEM NUMBER: 11I
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Neighborhood Name Change - Apartment Row to Midtown

SUMMARY
This item proposes renaming the “Apartment Row” neighborhood to “Midtown”.

RECOMMENDATION
Adopt Resolution No. 2025-06, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING RENAMING THE “APARTMENT ROW” NEIGHBORHOOD TO “MIDTOWN,” AS BOUND BY LEXINGTON DRIVE ON THE

EAST, FARQUHAR AVENUE ON THE SOUTH, THE EDGE OF THE TOWN CENTER MIXED

USE ZONE ON THE WEST, AND THE KATELLA AVENUE/GREEN AVENUE ALLEY ON THE NORTH.”

BACKGROUND
The City of Los Alamitos is approximately two square miles, excluding the Joint Forces Training Base, and is divided into 16 neighborhoods. Los Alamitos residents frequently identify themselves according to their neighborhood and are proud of the neighborhood they live in.

The Apartment Row Neighborhood is the largest and most dense residential neighborhood in Los Alamitos. It is bounded by Lexington Drive on the east, Farquhar Avenue on the south, the edge of the Town Center Mixed Use Zone on the west, and the Katella Avenue/Green Avenue alley on the north. The neighborhood consists of approximately 1,900 units and over 4,000 residents. It is identifiable within the Neighborhood Map shown below, section 11.

City records indicate that the area was once called "City Gardens" circa 1924. However, no historical records exist on how and when this area became known as "Apartment Row." In early 2024, residents of this neighborhood, informally known as Apartment Row, expressed to various City Council members that they desire a neighborhood name change from the current designation that does not represent its attributes. Council members agreed and provided direction to distribute a survey to those who live in the neighborhood.

DISCUSSION
From June 2024 to August 2024, the City’s public engagement platform, GoVocal, offered an online survey. Residents were also communicated with the survey through the weekly enewsletter, local newspaper, mailers, and social media posts. A total of 89 residents from Apartment Row completed the survey, with 75 percent of them favoring a neighborhood name change.

Through the consensus of the City Council, members would like to proclaim February 18, 2025, as “Midtown Day” in the City of Los Alamitos and enthusiastically request the residents of our community in each of their neighborhoods to refer to this neighborhood as Midtown from this day onward.

FISCAL IMPACT
None.

Attachment: 1. Resolution 25-xx - New Name Change from Apartment Row to Midtown

CITY COUNCIL RESOLUTION 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS ALAMITOS, CALIFORNIA, APPROVING
RENAMING THE “APARTMENT ROW” NEIGHBORHOOD
TO “MIDTOWN,” AS BOUND BY LEXINGTON DRIVE ON

THE EAST, FARQUHAR AVENUE ON THE SOUTH, THE

EDGE OF THE TOWN CENTER MIXED USE ZONE ON

THE WEST, AND THE KATELLA AVENUE/GREEN

AVENUE ALLEY ON THE NORTH
WHEREAS, the City of Los Alamitos regards our local neighborhoods as strong individually and mighty together; and,
WHEREAS, the Apartment Row neighborhood is an integral part of this small town and comprises the largest population area of the City of Los Alamitos; and,
WHEREAS, the Apartment Row neighborhood is bound by Lexington Drive on the east, Farquhar Avenue on the south, the edge of the Town Center Mixed Use Zone on the west, and the Katella Avenue/Green Avenue alley on the north; and,
WHEREAS, residents of this neighborhood, informally known as Apartment Row, have expressed to City Council Members that they desire a neighborhood name change from the current designation that they feel does not represent its attributes; and,
WHEREAS, Councilmembers agree that the name, Apartment Row, does not reflect the character of the place and the people who live there; and, WHEREAS, the City Council resolves to rename the “Apartment Row” neighborhood to “Midtown;” a name that Councilmembers consider to evoke the special locality represented by this neighborhood; and, WHEREAS, known as the neighborhood of Midtown, this place will continue to grow and secure its unique place within Los Alamitos.

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

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct and are incorporated by reference herein.

SECTION 2. The City Council approves the name change of this neighborhood bound by Lexington Drive on the east, Farquhar Avenue on the south, the edge of the Town Center Mixed Use Zone on the west, and the Katella Avenue/Green Avenue alley on the north from “Apartment Row” to “Midtown.” SECTION 3. The City Council, do hereby proclaim February 18, 2025, as Midtown Day in the City of Los Alamitos and enthusiastically request the

CC Resolution 2025-XX

residents of our community in each of their individual neighborhoods to refer to this neighborhood as Midtown from this day hence.

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

PASSED, APPROVED, AND ADOPTED this 18th day of February, 2025.

Shelley Hasselbrink, Mayor
ATTEST:

Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of City Council held on the 18th day of February 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

CC Resolution 2025-XX

____________________________________
Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 18, 2025 ITEM NUMBER: 11J
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Authorization to Approve and Release a Request for Proposals (RFP) for Storm Drain Catch Basin and Lift Station Maintenance (RFP 2025- 09)

SUMMARY
This item recommends approving and releasing a Request for Proposals (RFP 2025-09) for Catch Basin and Lift Station Maintenance.

RECOMMENDATION
Approve and release the RFP 2025-09 for Catch Basin and Lift Station Maintenance.

BACKGROUND
There are approximately 129 catch basins in Los Alamitos. Catch basins are part of the stormwater system regulated by the State Water Resources Control Board (SWRCB) and the Regional Water Quality Control Board. The City also has a lift station with a 17,000-gallon capacity located along Portal Drive.

Maintenance of the catch basins and lift stations is needed to prevent flooding and reduce the amount of sediment and debris flowing into the waterways. Cleaning the catch basins and the lift station is one of the best management practices to address the discharge of pollutants to the storm drain system from municipal facilities and to prevent flooding in City streets.

DISCUSSION
The objective of the RFP is to secure a reliable maintenance service to clean the catch basins and lift station located in the City.

The scope of services sought from this RFP will include the following:
• Clean 129 catch basins and 1 lift station of debris, trash and ponding water. • Clean trash and debris located in front of the storm drain opening. • Vacuum out any standing water from the catch basin and lift station. • Inspect a catch basin for defective automatic retractable screen (ARS) and/or connector pipe screen (CPS). Carryout minor repairs to ARS and/or CPS. • Cleaning to occur twice a year with a 60 days work period each cleaning.

Staff is proposing a 3-year contract with one 3-year extension at the City’s discretion, for a possible six-year term.

FISCAL IMPACT
The anticipated cost of maintenance service is estimated at $60,000 annually for two cleanings per year. Funding for catch basin and lift maintenance services is budgeted in the Street Maintenance Fund in the Development Services Department.

Attachment: 1. RFP 2025-09_CATCH BASIN MAINTENANCE

CITY OF LOS ALAMITOS

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE
RFP 2025-09

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
FEBRUARY 2025
NOTICE TO THE BIDDERS:

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

2. Non-Mandatory Site Visit at Portal Drive (at Katella Avenue) on Monday, March 3, 2025 at 9:00am.

3. Bids must be received by 11:00 a.m. on March 19, 2025

TABLE OF CONTENTS

STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

SECTION
NOTICE INVITING ELECTRONIC BIDS ..........................................................................SECTION A INSTRUCTIONS TO BIDDERS ..........................................................................................SECTION B PROPOSAL INFORMATION AND DOCUMENTS ........................................................SECTION C CONTRACT INFORMATION AND DOCUMENTS ........................................................SECTION D STANDARD SPECIFICATIONS........................................................................................SECTION E SPECIAL PROVISIONS....................................................................................................SECTION F INVENTORY MAP………………………………………………………………………ATTACHMENT A
PORTAL DRIVE LIFT STATION…………………………………………………………ATTACHMENT B PICTURES OF CATCH BASINS………………………………………………………. ATTACHMENT C TRAFFIC PLAN ON KATELLA AVENUE AT CALTRANS ROW…………………….ATTACHMENT D LINK TO THE VIRTUAL BID OPENING……………………………………………….ATTACHMENT E

This page is intentionally left blank.

SECTION A – Page 1

NOTICE INVITING BID

NOTICE INVITING ELECTRONIC BIDS
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Los Alamitos as AGENCY, invites electronic bids for the above stated project and will receive such bids electronically through BidNet Direct (http://cityoflosalamitos.org/517/Bid-Opportunities). Bids will be received up to the hour of 11:00 a.m., on March 19, 2025 and will be opened virtually at that time. If you would like to attend the virtual bid opening, it will be accessible through Microsoft Teams Meeting (the link be provided via Bid Net uploaded as a document as Attachment E) :

General Scope of Work
The City of Los Alamitos is soliciting qualified Bids for the maintenance of approximately 129 catch basins with connector pipe screens (CPS) and/or automatic retractable screens (ARS); unmodified catch basins; and one (1) lift station within the City limits. The City estimates that there may be up to six catch basins that may have ponding issue exceeding 70% of the basin capacity.

Scope of Work generally includes the following: 1) cleaning the catch basins and lift station of debris, sediment, and ponding water; 2) carry out minor repairs such as adjustments to the ARS unit for proper orientation, repairs to the CPS screen, repairing malfunctioning locking mechanism, etc); and 3) conducting an initial inventory verification.

Pre-Bid Meeting
There is no pre-bid meeting for the project. City will hold a non-mandatory site visit at Portal Drive to visit the lift station and catch basin at Portal Drive about 230 feet from Katella Avenue.

Non-Mandatory Site Visit: Monday, March 3, 2025 at 9:00 am.

SECTION A – Page 2

NOTICE INVITING BID
Term of Agreement
The term of the agreement is for a period of three (3) years with an option to renew for one additional three (3) years term at the City’s discretion.

Bid Submittal
Bids must be prepared on the approved bid forms in conformance with INSTRUCTIONS TO BIDDERS and must be submitted electronically on BidNet Direct (BidNet), accessible through the Agency’s webpage at http://cityoflosalamitos.org/517/Bid-Opportunities where each prospective bidder must first register as a vendor through the Agency’s BidNet portal. No hard copy bid packages will be accepted.

Bid Documents
Bid document will be available for review on BidNet. All relevant materials shall be obtained from the link above.

Licenses
In accordance with the provisions of California Public Contract Code § 3300, and Business and Professions Code § 7028.15(e), the Agency has determined that the contractor shall possess a valid Class A contractor’s license and a Confined Space Certification at the time that the contract is awarded. Failure to possess the specified license shall render a bid as non-responsive and shall bar award of the contract to any bidder not possessing the specified license at the time of the award.

SECTION A – Page 3

NOTICE INVITING BID
Bid Guarantee
Not required
Payment Bond
Not required
Prevailing Wage
The Agency has determined that the proposed project is a public works subject to the provisions of Labor Code § 1720 thereby requiring the Contractor to pay the prevailing wage rates for all work performed under the Contract.

Right to Reject any and all Bids
The Agency reserves the right to reject any and all bids and to waive any minor irregularities in the bid documents.

Withdrawal of Bids
A proposal may be withdrawn prior to the bid opening. Bidders may not withdraw their bid for a period of ninety (90) days after date set for opening thereof.

SB854
SB854: Contractors and Subcontractors wishing to work on a public works project must be registered with the State of California, Department of Industrial Relations. All public works projects with bids submitted after March 1, 2015, or awarded on or after April 1, 2015, shall use only registered contractors and subcontractors. No bid will be accepted nor any contract entered into without proof of the Bidder's and its subcontractors' current registration with the Department of Industrial Relations. If awarded a contract, the Bidder and its subcontractors of every tier shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

Questions
Questions or Requests for Information (RFIs) or interpretations are due March 7, 2025, at 11:00 a.m., and shall be submitted on the BidNet portal.

If you have any questions, please email Lorry Hempe at [email protected] .

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

SECTION B – Page 1

INSTRUCTION TO BIDDERS

SECTION B
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

INSTRUCTIONS TO BIDDERS

SECTION B – Page 2

INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

1. INSPECTION OF SITE OF WORK
Bidders are required to inspect the site of the work to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work and as to the actual conditions of and at the site of work. If, during the course of his/her examination, a bidder finds facts or conditions which appear to him/her to conflict with the letter or spirit of the contract documents, or with any other data furnished him/her, he/she may apply to the Agency in writing in accordance with

2. EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, drawings and addenda (if any). The submission of a proposal shall constitute an acknowledgment upon which the Agency may rely that the bidder has thoroughly examined and is familiar with the contract documents. The bidders’ attention is directed to the need, if any, for special invoicing for this project. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him/her from any obligations with respect to his/her proposal or to the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract document.

3. CONTRACT PERIOD
The term of the agreement is for 1 three-year contract with an additional one optional three-year extension at the City’s discretion.

The Contractor shall begin work on the date of the Notice to Proceed and shall diligently prosecute said work to completion before the expiration of 60 WORKING DAYS for each cleaning event based the schedule of cleaning. Each cleaning event will require the cleaning of an estimated 129 catch basins and 1 lift station. Work shall be completed between the hours of 9:00 am to 4:00 pm Monday thru Friday.

The Contractor shall pay to the Agency the sum of $500.00 per day, for each and every calendar day’s delay in finishing the work in excess of the number of working days prescribed above.

4. INTERPRETATION OF CONTRACT DOCUMENTS
No oral interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing and submitted via BidNet portal. Interpretations by the Agency will be in the form of addenda to the contract documents and, when issued, will be sent as promptly as is practical to all parties to whom the contract documents have been issued. Agency makes no

SECTION B – Page 3

INSTRUCTION TO BIDDERS
guarantee that all bidders will receive all addenda. Copies of addenda will be made via BidNet portal. All such addenda shall become part of the contract.

5. SOIL INFORMATION
Soil reports have not been prepared for this project.

6. PROPOSAL
Proposals shall be made on the forms enclosed in SECTION C of these specifications. All proposals shall give the prices proposed, both in words and in numbers, shall give all other information requested herein, and shall be signed by the bidder or his/her authorized representative, with his/her address. If the proposal is made by an individual, his/her name, signature and mailing address must be shown; if made by firm or partnership, the name and mailing address of the firm or partnership and the signature of at least one of the general partners must be shown; if made by a corporation, the proposal shall show the name of the State under the laws of which the corporation is chartered, the name and mailing address of the corporation, and the name and title of the person who signs on behalf of the corporation. If the proposal is made by a corporation, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished demonstrating the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

Each proposal shall be submitted as specified in SECTION A - NOTICE INVITING ELECTRONIC BIDS. Bidders are warned against making erasures or alterations of any kind, and proposals which contain omissions, erasures or irregularities of any kind may be rejected. No oral, telegraphic or telephonic proposals or modifications will be considered.

In conformance with the Business and Profession Code, § 7028.15, the Contractor must state clearly his/her license number and expiration date. In addition he/she shall sign a statement that these representations were made under the penalty of perjury. This statement shall be made on the EXPERIENCE STATEMENT in SECTION C.

The contractor will be required to pay prevailing wage pursuant to California Law, including California Labor Code §§ 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the Agency’s Development Services Department.

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

SECTION B – Page 4

INSTRUCTION TO BIDDERS

7. ADDENDA
Each proposal shall include specific acknowledgment in the space provided on SECTION C - BID PROPOSAL of receipt of all addenda issued during the bidding period.

Failure to so acknowledge may result in the proposal being rejected as not responsive.

8. BID PRICES
Bid prices shall include everything necessary for the completion of work and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendence, labor and services, except as may be provided otherwise in the contract documents. In the event of a difference between a price quoted in words and a price quoted in numbers for the same quotation, the words shall be the amount bid.

In preparing bid prices, bidder represents that he/she has carefully examined the Contract Documents and the site where the work is to be performed and that he/she has familiarized himself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect the performance of the work in any manner. The bidder further represents that he/she has studied all surveys and investigation reports about subsurface and physical conditions pertaining to the job site, that he/she has performed such additional surveys and investigations as he/she deems necessary to complete the work at his/her bid price, and that he/she has correlated the results of all such data with the requirements of the Contract Documents. The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work.

The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as the Design Engineer supposes or believes them to exist but is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the Agency, the Design Engineer and their consultants or agents shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise.

The Contractor shall perform an independent take-off of the plans and bid accordingly.

Quantities listed in the BID SCHEDULE in SECTION C are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. Contractor shall be responsible for verifying all estimated quantities. Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for unauthorized work performed outside of that required by the Contract Documents.

SECTION B – Page 5

INSTRUCTION TO BIDDERS

9. TAXES
No mention shall be made in the proposal of sales tax, use tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

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

11. QUALIFICATION OF BIDDERS
Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided in SECTION C.

Each bidder shall posses a valid Contractor’s License issued by the Contractor’s State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CA 95826. 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 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 Board. 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. (Public Contract Code § 20103.5) Each bidder shall also have no less than three (3) years experience in the magnitude and character of the work bid.

It is the intention of the Agency to award a contract to a bidder who furnished satisfactory evidence that he/she has the requisite experience and ability, and that he/she has sufficient capital, facilities, and plant to enable him/her to prosecute the work successfully and properly, and to complete it within the time stated in the contract.

To determine the degree of responsibility to be credited to the bidder, the Agency will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. If in

SECTION B – Page 6

INSTRUCTION TO BIDDERS
the opinion of the Agency, a bidder is determined to be insufficiently qualified, then that bidder will not be considered for award of the contract.

12. DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
Each proposal shall have listed on the DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS form provided in SECTION C the name and address of each subcontractor to whom the bidder proposes to sublet portions of the work in excess of one-half percent of the total amount of his/her bid. For the purpose of this paragraph, a subcontractor is defined as one who contracts with the Contractor to furnish materials and labor, or labor only for the performance of work at the site of the work or who will specially fabricate a portion of the work off the site pursuant to detailed drawings in the contract documents.

Public Contract Code § 4104 requires all bidders to list subcontractors who will perform work in excess of ½% of the total bid, or in the case of streets and highways, ½% or $10,000, whichever is greater.

Public Contract Code § 6109 prohibits a contractor from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7.

13. PROPOSAL GUARANTEE
Not required

14. MODIFICATION OF PROPOSAL
A modification of a bid proposal already received will be considered only if the modification is received before the time announced for the opening of bids. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid proposal.

15. WITHDRAWAL OF BID PROPOSAL
A proposal may be withdrawn by a bidder prior to the submittal deadline via BidNet Portal. Proposals may not be withdrawn after that time without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

16. POSTPONEMENT OF BID OPENING
The Agency reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced in SECTION A–NOTICE INVITING ELECTRONIC BIDS.

17. DISQUALIFICATION OF BIDDERS
If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. In the event that any bidder

SECTION B – Page 7

INSTRUCTION TO BIDDERS
acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder.

18. REJECTION OF PROPOSALS
The Agency reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required; in which unit prices are unbalanced in the opinion of the Agency; which are accompanied by insufficient or irregular bid security; or which are from bidders who have previously failed to perform properly or to timely complete contracts of any nature.

19. AWARD OF CONTRACT
The Contract will be awarded, if at all, to the lowest responsible and responsive bidder, whose bid proposal is not rejected for cause by the Agency. However, until an award is made, the Agency reserves the right to reject any or all bids, or to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the Agency.

In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom it is proposed to make such an award.

Each bidder’s attention is directed to the possibility that the award of the project may be delayed for various reasons. The Agency reserves the right to delay the award of the project for ninety (90) calendar days. After 90 calendar days, the low bidder may at any time request release from its bid without penalty.

The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the bidder whose proposal is accepted. No other act of the Agency shall constitute acceptance of a proposal.

20. RETURN OF PROPOSAL GUARANTEES
Within ten (10) calendar days after the bids are opened, the Agency will release the proposal guarantees accompanying the proposals which are not to be considered in making the award. Proposal guarantees for the two (2) lowest bidders will be held until the contract has been fully executed, after which they will be returned to the respective bidders.

21. EXECUTION OF CONTRACT
The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the evidence of insurance, within ten (10) calendar days after the notification of the contract award by the Agency in writing. In case of failure of the

SECTION B – Page 8

INSTRUCTION TO BIDDERS
successful bidder to execute the contract agreement within ten (10) calendar days after such notice, or any subsequent extension approved by Agency, the Agency at its option may consider the bidder in default, in which case the bid bond or proposal guarantee accompanying the bid shall become the property of the Agency. After execution by the Agency, one original contract shall be returned to the Contractor.

On contracts requiring City Council approval, the contractor, recommended by staff for an award of contract, will be required to do the following before a recommendation is made to the City Council to award a contract:
• Sign the contract documents (a corporation requires 2 signers),

22. FLEXIBILITY OF BID SCHEDULE
It is the intent of the Agency to award a contract to the lowest responsible and responsive bidder and the flexibility shown in the bid schedule is necessary to ensure a project within the Agency’s budget limits and constraints.

SECTION C – Page 1

PROPOSAL INFORMATION AND DOCUMENT

SECTION C
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

PROPOSAL INFORMATION AND DOCUMENTS

PROPOSAL INFORMATION AND DOCUMENTS

1. BID PROPOSAL- Required Submittal

2. BID SCHEDULE- Required Submittal

3. BIDDER INFORMATION-Required Submittal

4. EXPERIENCE STATEMENT- Required Submittal

5. DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS - Required Submittal

6. NON-COLLUSION AFFIDAVIT- Required Submittal

SECTION C – Page 2

PROPOSAL INFORMATION AND DOCUMENT

BID PROPOSAL
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned, as bidder, declares that he/she has examined all of the contract documents and specifications contained in this project manual for the above referenced project, and that he/she will contract with the Agency on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained.

The following are included and are to be considered as forming a part of this proposal:

BID PROPOSAL, BID SCHEDULE, NONCOLLUSION AFFIDAVIT, BIDDER INFORMATION, EXPERIENCE STATEMENT, DESIGNATION OF SUPPLIERS & SUBCONTRACTORS, BIDDER’S STATEMENT REGARDING INSURANCE COVERAGE, and STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS.

Contractor acknowledges receipt and inclusion of addenda ______ to ______ into this bid proposal and the contract documents.

If this proposal is accepted, we agree to sign the contract form and to furnish the required evidences of insurance within ten (10) calendar days after receiving written Notice of Award of Contract.

We further agree if our proposal is accepted and a contract for the performance of the work is entered into with the Agency, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in SECTION F - TIME OF COMPLETION.

NAME OF BIDDER: ____________________________________________________________ MAILING ADDRESS: ___________________________________________________________ STATE OF INCORPORATION: ___________________________________________________ AUTHORIZED SIGNATURE: ____________________________________________________ TITLE: _______________________________________________________________________ DATE: _______________________________________________________________________ (If Company is a Corporation, provide corporate resolution per B 1.06 PROPOSAL.)

SECTION C – Page 3

PROPOSAL INFORMATION AND DOCUMENT

BID SCHEDULE
STORM DRAIN CATCH BASIN AND LIFT STATION MAITENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The cost of all labor, services, material, equipment and installation necessary for the completion of the work itemized under this schedule, even though not shown or specified, shall be included in the unit price for the various items shown herein. For a description of the work associated with each bid item, see SECTION E–SPECIAL PROVISIONS. The Agency reserves the right to increase or decrease the quantity of any item or omit items as may be necessary, and the same shall in no way affect or void the contract, except that appropriate additions or deductions from the contract total price will be made at the stipulated unit price in accordance with these Contract Documents.

The Agency reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the Agency.

The Contractor shall perform an independent take-off of the plans and bid accordingly.

Quantities listed in this Bid Schedule are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The Contractor shall be responsible for verifying all estimated quantities. The Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents, including addenda, and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for work performed for his convenience, or as required to adapt to field conditions, or for unauthorized work performed outside of that required by the Contract Documents.

The Contractor shall be responsible for calculating and providing totals for the bid schedule. The proposal schedule shall include all costs for labor, services, material, equipment, and installation associated with completing the work in place per the plans, specifications and details.

NAME OF BIDDER:_________________________________________________________ CONTRACTOR’S LICENSE NO.:______________________________________________ AUTHORIZED SIGNATURE:__________________________________________________ TITLE:____________________________________________________________________ DATE:____________________________________________________________________

SECTION C – Page 4

PROPOSAL INFORMATION AND DOCUMENT
BID SCHEDULE (Continued)
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09) Bid price shall be based on a per catch basin and lift station cost and shall include the work be performed under the above “Contract Work” section:

Item
No Description
Estimated
Quantity Unit
Unit
Cost Total Cost
1 Catch Basin Inspection, Cleaning
& Minor Repair
123 EA $ $
2 Catch Basin Inspection, Cleaning
& Minor Repair (major water
ponding exceeding 70% of the
basin capacity) (include 10936
Portal Drive)
6 EA $ $
3 Lift Station Inspection, Cleaning &
Minor Repair (10937 Portal Drive –
near Katella Avenue intersection)
1 EA $ $
SCHEDULE “A” TOTAL (ONE TIME CLEANING) $
SCHEDULE “B” ANNUAL TOTAL (TWICE A YEAR CLEANING)
(SHOULD BE 2X OF SCHEDULE “A” COST) $
SCHEDULE “C” 3 YEARS CONTRACT TOTAL
(SHOULD BE 3x of SCHEDULE “B” COST) $
NOTE: The approximate quantities in this proposal are an estimate only, to establish the unit price and determine total amount bid. Contractor is expected to independently verify any quantities stated herein and to submit a bid based on Contractor’s own independent calculation and review of the scope of work.

GREENBOOK Section 3-2 does not apply to this work. The City shall approve the quantities to be paid and reserves the right to pay the Contractor the unit price bid for any amount of actual quantities completed.

Total Amount Schedule “C” (In Writing) :
$___________________________________________________________________________________

SECTION C – Page 5

PROPOSAL INFORMATION AND DOCUMENT
The Contractor shall be responsible for calculating and providing unit prices for the schedule. The proposal schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.

The City has the option to reject all bids with or without cause. The City also has the option to remove bid items at its discretion. If the City chooses to remove bid items, no bid price adjustment will be allowed.

The City will have the right to accept or reject the lowest bidder’s alternates or additives in any order or combination at the time of contract award, unless otherwise specifically provided in these Specifications.

(Company Name of Bidder) (Date)

SECTION C – Page 6

PROPOSAL INFORMATION AND DOCUMENT

BIDDER INFORMATION
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
BIDDER certifies that the following information is true and correct:

Name of Bidder: ____________________________________________________________________ Business Address: ____________________________________________________________________ _____________________________________________________________________________________ Telephone:__________________________________________________________________________ Type of Firm: Individual ( ) Partnership ( ) Corporation ( ) E-mail: ____________________________________________________________________________ Contractor’s License No.: Date License Issued:____________________ License Expiration Date:

DIR Registration Number:_____________________________ Expiration Date:________________ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: (Name / Title / Address / Telephone)
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: (Type of Judgment / Date) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

SECTION C – Page 7

PROPOSAL INFORMATION AND DOCUMENT

All current and prior DBA’s, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: (Principal / DBA’s / Applicable Dates) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Prior Disqualification
Has your firm ever been disqualified from performing work for any City, County, Public or Private Contracting entity? Yes / No _________. If yes, provide the following information. (If more than once, use separate sheets):

Date:___________________________________Entity :____________________________________ Location:
_____________________________________________________________________________________ Reason:
_____________________________________________________________________________________ Provide Status and any Supplemental Statement:
_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________ Has your firm been reinstated by this entity? Yes / No
Violations of Federal or State Law
A. Has your firm or its officers been assessed any penalties by any agency for noncompliance, violations of Federal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your maintenance projects?
Yes / No: Federal / State:

If “yes”, identify and describe, (including status):
_____________________________________________________________________________________

SECTION C – Page 8

PROPOSAL INFORMATION AND DOCUMENT
_____________________________________________________________________________________

_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Have the penalties been paid? Yes / No:___________________ B. Does you firm or its officers have any ongoing investigations by any AGENCY regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws?
Yes / No: Codes / Laws: Section / Article:
............................................

If “yes”, identify and describe (including status):
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ I declare under penalty of perjury under the laws of the State of California that all of the representations made in this BIDDER INFORMATION are true and correct. Executed this __________________ day of _______________________________, 2025, at _____________________________________, California.

Authorized Representative Signature and Title________________________________________

SECTION C – Page 9

PROPOSAL INFORMATION AND DOCUMENT

EXPERIENCE STATEMENT
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder’s experience in project of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor’s License Board. 1) Client (Agency Name):________________________________________________________ Contact Person and Phone Number: __________________________________________ Year Work Performed: ________________________________________________________ Total Contract Amount:_______________________________________________________ Type of Work Performed:______________________________________________________ 2) Client (Agency Name):________________________________________________________ Contact Person and Phone Number: __________________________________________ Year Work Performed:_________________________________________________________ Total Contract Amount:_______________________________________________________ Type of Work Performed:______________________________________________________ 3) Client (Agency Name):________________________________________________________ Contact Person and Phone Number: __________________________________________ Year Work Performed:_________________________________________________________ Total Contract Amount:_______________________________________________________ Type of Work Performed:______________________________________________________ 4) Client (Agency Name): _______________________________________________________ Contact Person and Phone Number: __________________________________________ Year Work Performed:_________________________________________________________ Total Contract Amount:_______________________________________________________ Type of Work Performed:______________________________________________________ 5) Client (Agency Name): _______________________________________________________ Contact Person and Phone Number: __________________________________________ Year Work Performed:_________________________________________________________ Total Contract Amount:_______________________________________________________ Type of Work Performed:_____________________________________________________

SECTION C – Page 10

PROPOSAL INFORMATION AND DOCUMENT
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this EXPERIENCE STATEMENT are true and correct. Executed this __________________ day of _______________________________, 20__, at _____________________________________, California.
_________________________________________________________________ Authorized Representative Signature and Title

SECTION C – Page 11

PROPOSAL INFORMATION AND DOCUMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The following is a list of subcontractors and suppliers, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work or provide materials of value in excess of one-half percent of the total bid price or $10,000, whichever is greater.

No subcontractor shall perform work more than the amount specified in 2-3 SUBCONTRACTS of the Standard Specifications, without the written approval of the Agency.

The Contractor is responsible to ensure that appropriate provisions are to be inserted in all subcontracts to bind subcontractors to the contract requirements as contained herein.

Each subcontractor must agree to comply with all applicable Federal, State, and local requirements.
1) Name under which subcontractor is licensed): _________________________________ License #: ___________________________________________________________________ Specific Description of subcontract: __________________________________________ Portion of Work (% of Contract Price): __________________________________________ DIR Registration: ______________________________________________________________ 2) Name under which subcontractor is licensed): _________________________________ License #: ___________________________________________________________________ Specific Description of subcontract: __________________________________________ Portion of Work (% of Contract Price): __________________________________________ DIR Registration: ______________________________________________________________ 3) Name under which subcontractor is licensed): _________________________________ License #: ___________________________________________________________________ Specific Description of subcontract: __________________________________________ Portion of Work (% of Contract Price): __________________________________________ DIR Registration: ______________________________________________________________ These representations are made under the penalty of perjury under the laws of the State of California. The undersigned hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.

Name of Bidder: ______________________________________________________________ Authorized Signature:_________________________________________________________ Date:_________________________________________________________________________

SECTION C – Page 12

PROPOSAL INFORMATION AND DOCUMENT

NON-COLLUSION AFFIDAVIT
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned declares:

I am the _______________ of _______________________, the party making the foregoing bid.

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

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

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

SECTION C – Page 13

PROPOSAL INFORMATION AND DOCUMENT

SECTION D – Page 14

CONTRACT INFORMATION AND DOCUMENT
4887-8462-8458, v. 1
14 SECTION D

CONTRACT INFORMATION AND DOCUMENTS
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

CONTRACT INFORMATION AND DOCUMENTS

CONTRACT AGREEMENT

PAYMENT BOND- NOT REQUIRED
FAITHFUL PERFORMANCE BOND – NOT REQUIRED
MAINTENANCE BOND – NOT REQUIRED
WORKER’S COMPENSATION INSURANCE CERTIFICATE

INSURANCE ENDORSEMENT

STATEMENT RE INSURANCE COVERAGE
STATEMENT RE THE CONTRACTOR’S LICENSING LAWS

SECTION D – Page 15

CONTRACT INFORMATION AND DOCUMENT
4887-8462-8458, v. 1
15 STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE SERVICES (RFP 2025-09) AGREEMENT
[enter name of contractor]

THIS AGREEMENT FOR STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE SERVICES (“Agreement”) is made and entered into, to be effective this ___ day of _______ 2025 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and ______________________, a ___________________, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that it requires the services of a qualified contractor to provide storm drain catch basin and lift station maintenance services.

B. In response to City’s formal Request for Proposals No. __ (RFP), dated ___________, 2025, Contractor has submitted to City a written proposal, dated ___________, 2025, to provide the desired storm drain catch basin and lift station maintenance services.

D. City desires to engage Contractor to provide such storm drain catch basin and lift station maintenance services subject to the terms and conditions set forth in this Agreement.

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

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Storm Drain Catch Basin and Lift Station Proposal, dated _______ __, 2025, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement.

Contractor warrants that all Project Services shall be performed in a skillful,

SECTION D – Page 16

CONTRACT INFORMATION AND DOCUMENT
4887-8462-8458, v. 1
16 competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

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

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

1.3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services.

Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.

SECTION D – Page 17

CONTRACT INFORMATION AND DOCUMENT
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17 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Project Services to be performed, (b) has carefully considered how the Project Services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.

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

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

Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

2. COMPENSATION

2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed _______________________ Dollars ($______________).

The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

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

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally

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18 bind the Party for which he/she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or, (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

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

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the Project Services to be performed by Contractor is an essential condition of this Agreement.

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

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

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19 Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of three (3) years, ending on _____________, 2028, unless extended by mutual written agreement of the Parties.

4. COORDINATION OF PROJECT SERVICES

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

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

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Project Services without prior written consent of City. If Contractor is permitted by City to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual

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20 relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered employees of Contractor.

City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.

No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

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

Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, or agents or in fixing their number, compensation, or hours of service.

Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

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

4.4.3 No City benefits shall be available to Contractor, its officers,

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21 employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

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

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

5. INSURANCE

5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any

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22 Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.

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

5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (CGL).

Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000.000.00) in the general aggregate. The policy shall not contain any endorsements or provisions limiting coverage for (1) contractual liability, (2) cross liability exclusion for claims or suits by one insured against another, or (3) contain any other exclusion contrary to the Agreement.

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

5.2.3 Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at

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23 least One Million Dollars ($1,000,000.00) per accident for bodily injury or disease.

Notwithstanding the foregoing, Contractor shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.

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

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

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

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

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

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24 5.4.1.2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.

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

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

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

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

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

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25 5.6.2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.

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

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

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

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

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26 5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:

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

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

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

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

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

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

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

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

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

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

7. REPORTS AND RECORDS

7.1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such

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28 Project Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

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

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

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

8. ENFORCEMENT OF AGREEMENT

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

8.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to

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29 waiver or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, Contractor shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.

8.6 Termination for Default of Contractor.

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

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to

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30 which City may be entitled at law, in equity, or under this Agreement.

Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.5.

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

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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31 9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS

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

SECTION D – Page 32

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4887-8462-8458, v. 1
32 To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.

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

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

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

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

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

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

SECTION D – Page 33

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33 10.6 Recitals. The above-stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.7 Prevailing Wages. The City has determined that the Project Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code.

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:

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

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

10.7.3 Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.

The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with

SECTION D – Page 34

CONTRACT INFORMATION AND DOCUMENT
4887-8462-8458, v. 1
34 City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.

10.7.4 Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

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

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

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

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

SECTION D – Page 35

CONTRACT INFORMATION AND DOCUMENT
4887-8462-8458, v. 1
35 provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this Agreement.”

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

10.8 Water Quality Management and Compliance.

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

10.8.2 Compliance with Water Quality Laws, Ordinances, and Regulations. Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code § 1300 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

10.8.3 Compliance with DAMP and LIP. In addition to compliance

SECTION D – Page 36

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4887-8462-8458, v. 1
36 with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Los Alamitos Local Implementation Plan (“LIP”), and the applicable Water Quality Management Plan (“WQMP”). Such documents contain the Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.

10.8.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 10.8.2 and 10.8.3 of this Agreement. Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections 10.8.2 and 10.8.3 of this Agreement as they may relate to the Services.

10.8.5 Liability for Water Quality Non-Compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 10.8.2 and 10.8.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections

10.8.2 and 10.18.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any
enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy.

Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.

SECTION D – Page 37

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37 (C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, and policies described in subsections 10.8.2 and 10.8.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

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

SECTION D – Page 38

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

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

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

SECTION D – Page 39

CONTRACT INFORMATION AND DOCUMENT
4887-8462-8458, v. 1
39 EXHIBIT “A”
CONTRACTOR’S PROPOSAL/ SCOPE OF SERVICES
DATED: _______ ___, 2025

SECTION D – Page 40

CONTRACT INFORMATION AND DOCUMENT
EXHIBIT “A”
CONTRACTOR’S PROPOSAL/ SCOPE OF SERVICES
DATED: _______ ___, 2025

SECTION D – Page 41

CONTRACT INFORMATION AND DOCUMENT

PAYMENT BOND
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

NOT REQUIRED

SECTION D – Page 42

CONTRACT INFORMATION AND DOCUMENT

FAITHFUL PERFORMANCE BOND
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Not Required

SECTION D – Page 43

CONTRACT INFORMATION AND DOCUMENT

MAINTENANCE BOND
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Not Required

SECTION D – Page 44

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:_______________________________________ By: _______________________________________________________________ (Signature)
Name In Print:___________________________________________________ Title of Signatory:_________________________________________________ Attest:

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

SECTION D – Page 45

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, employees, agents and volunteers are included as Additional Insureds under the contracts of insurance for which the Certificate of Insurance is given.

Authorized Insurance Agent
Date:

SECTION D – Page 46

CONTRACT INFORMATION AND DOCUMENT

STATEMENT REGARDING INSURANCE COVERAGE
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

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

NAME OF BIDDER: _______________________________________________________ MAILING ADDRESS: _______________________________________________________ _______________________________________________________ _______________________________________________________ AUTHORIZED SIGNATURE: _______________________________________________________ TITLE: _______________________________________________________ DATE: _______________________________________________________

SECTION D – Page 47

CONTRACT INFORMATION AND DOCUMENT
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

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

SECTION D – Page 48

CONTRACT INFORMATION AND DOCUMENT
of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void.
f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.
g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded.

Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

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

SECTION E – Page 1

STANDARD SPECIFICATIONS

SECTION E

STANDARD SPECIFICATIONS
STORM CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

SECTION E – Page 2

STANDARD SPECIFICATIONS

STANDARD SPECIFICATIONS
0-1 STANDARD SPECIFICATIONS
Except as hereinafter amended, the provisions of the 2024 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 inspection 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.

City Manager- City Manager of City of Los Alamitos, California.

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

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

SECTION E – Page 3

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

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

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

SECTION E – Page 4

STANDARD SPECIFICATIONS
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:

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, 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, 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

SECTION E – Page 5

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

Not Required
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
Add the following:

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

Prior to the start of any work, the Contractor shall apply for and receive any applicable City, County, State, and Federal permits.

SECTION E – Page 6

STANDARD SPECIFICATIONS
2-3 RIGHT-OF-WAY
Add the following:

When the Contractor arranges for additional work areas and facilities temporarily required by him/her, he/she shall provide the Agency with proof that the additional work areas and/or facilities have been left in a condition satisfactory to the owner(s) of said work areas and/or facilities prior to acceptance of the work. 2-4 COOPERATION AND COLLATERAL WORK
Add the following:

Contractor shall coordinate his/her work 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
SECTION 3 – CONTROL OF THE WORK
3-3 SUBCONTRACTORS
Replace the first paragraph with the following:

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

The Agency shall inspect for compliance with requirements for 8-hour days and 40-hour weeks on normal working days. The Contractor shall reimburse the Agency, at rates established by the Agency, for any additional inspection, including inspection on legal holidays.
3-10 SURVEYING
None
3-10.1 GENERAL
Add the following:

No survey required. No lines and grades required.

SECTION E – Page 7

STANDARD SPECIFICATIONS
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 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.
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 work or maintenance 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.
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)
None
3-12.6.5 PAYMENT
None
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY

SECTION E – Page 8

STANDARD SPECIFICATIONS
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, 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
4-1GENERAL
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,

SECTION E – Page 9

STANDARD SPECIFICATIONS
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 thirtyfive (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
None
4-6 TRADE NAMES
Replace the third sentence of the second paragraph with the following:

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

Add the following:

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

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

SECTION E – Page 10

STANDARD SPECIFICATIONS

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, 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,

SECTION E – Page 11

STANDARD SPECIFICATIONS
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 allinclusive 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

SECTION E – Page 12

STANDARD SPECIFICATIONS
so. The following coverages will be provided by CONTRACTOR and maintained on behalf of AGENCY and in accordance with the requirements set forth herein. 5-4.2.9 Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88. Total limits shall be not less than one million dollars ($1,000,000.00) 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 nonowned 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.

SECTION E – Page 13

STANDARD SPECIFICATIONS
5-4.3.2.2 Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such.
5-4.3.2.3 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of each insurance coverage. 5-4.3.2.4 Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type. 5-4.3.2.5 For purposes of insurance coverage only, this Agreement shall be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
5-4.3.2.6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR’s agents, officers or employees from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against AGENCY.
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.

SECTION E – Page 14

STANDARD SPECIFICATIONS
5-4.3.2.10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished within 72 hours of the expiration of the coverages.
5-4.3.2.11 Any actual or alleged failure on the part of AGENCY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of AGENCY or any additional insured, in this or any other regard.
5-4.3.2.12 CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement. CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of AGENCY, will reserve the right to charge back to AGENCY the cost of insurance required by this Agreement.

CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts on behalf of AGENCY will be submitted to AGENCY for review. Failure of AGENCY to request copies of such agreement will not impose any liability on AGENCY, its officers, agents, or employees. 5-4.3.2.13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operations are insureds.
5-4.3.2.14 CONTRACTOR agrees to provide immediate notice to AGENCY of any claim or loss against CONTRACTOR that includes AGENCY as a defendant.

AGENCY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims. 5-7 SAFETY
Add the following:

At the pre-maintenance meeting, the Contractor shall submit his/her complete maintenance schedule to the Engineer or Project Manager for approval. The Contractor shall submit requests for changes in the schedule to the Engineer or Project Manager 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
Not Applicable

MATERIALS

SECTION E – Page 15

STANDARD SPECIFICATIONS
Not Applicable

INSTALLATION
Not Applicable
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
Add the following
Maintenance Schedule
Prior to issuing the Notice to Proceed, the Engineer or his/or her representative will schedule and conduct a pre-maintenance meeting with the Contractor to review the proposed maintenance schedule and delivery dates, arrange utility coordination, discuss maintenance methods, and clarify inspection procedures. 6-2PROSECUTION 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 maintenance 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 9:00 a.m. and 4:00 p.m. Monday through Friday.

In addition, the Contractor shall not perform any Work on Saturday, Sunday, or on Agency-designated holidays. Agency-designated holidays are listed in TABLE 1 – AGENCY-DESIGNATED HOLIDAYS below. Deviation from these hours will be permitted upon approval of the Engineer, except in emergencies involving immediate hazard to persons or property.

SECTION E – Page 16

STANDARD SPECIFICATIONS
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 $500.00.

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 $500 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

SECTION E – Page 17

STANDARD SPECIFICATIONS
avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by him/her to have been unavoidable. The Contractor shall make no claims for any delay not called to the attention of the Engineer at the time of its occurrence as an unavoidable delay. 6-4.1.2Avoidable 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. 6-4.1.3Extension 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

SECTION E – Page 18

STANDARD SPECIFICATIONS
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 maintenance schedule required in Section 6-1. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor, which would support the extension of time requested. Requests for extensions of time, which are not received within the time specified above, shall result in the forfeiture of the Contractor’s right to receive any extension of time requested.

If the Contractor is requesting an extension of time because of weather, he/she shall supply daily written reports to the Agency’s representative describing such weather, and the work that could not be performed that day because of such weather or conditions resulting therefrom and that he/she otherwise would have performed. 6-9 LIQUIDATED DAMAGES
Replace Subsection 6-9 Liquidated Damages with the following:
6-9 FORFEITURE DUE TO DELAY
The 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.

SECTION E – Page 19

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

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

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

Nothing in this subsection shall be considered as relieving the Contractor from his/her duty to file the notice required under Subsection 6-11 or other duties required by the Contract Documents.
6-10.2 ADMINISTRATIVE REVIEW
Request for review made to the assigned City 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 or representative in the following sequence:

SECTION E – Page 20

STANDARD SPECIFICATIONS

1. City Engineer

2. Deputy City Manager
Should the City 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 Manager. 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 Deputy City Manager shall address disputes or claims within twenty-eight (28) calendar days after receiving such request and all necessary supporting data. The City Manager’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.
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 City Engineer or Agency staff or its agents or representatives, or the happening of any event, thing or occurrence, unless the Contractor shall have given the City 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.

SECTION E – Page 21

STANDARD SPECIFICATIONS
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 City 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 City 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 periodic 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 60 days 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 provide all proof of work completed. 7-3.3 DELIVERED MATERIALS
None
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

SECTION E – Page 22

STANDARD SPECIFICATIONS
incurred including 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 equipment to and from the site, supervisory time on the job by the Contractor’s personnel to keep the work site in a safe condition, and all other related work as required at all times and for all non-working days during the work 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.

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 City 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

SECTION E – Page 23

STANDARD SPECIFICATIONS
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 work 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.

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 Los Alamitos Police Department. The Contractor shall notify the Los Alamitos Police Department Dispatch upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the Los Alamitos Police Department 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 maintenance 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

SECTION E – Page 24

STANDARD SPECIFICATIONS
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.

Measurement and Payment for Traffic Control shall be included in 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.

SECTION E – Page 25

STANDARD SPECIFICATIONS

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SECTION F – Page 1

SPECIAL PROVISIONS

SECTION F

SPECIAL PROVISIONS
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

SECTION F – Page 2

SPECIAL PROVISIONS

SECTION F

SPECIAL PROVISIONS
STORM DRAIN CATCH BASIN AND LIFT STATION MAINTENANCE (RFP 2025-09)

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

1.1 GENERAL REQUIREMENTS
All Conditions of the Contract apply to work of this Section.

In case of conflicting statement between this section and other sections in the specifications or SSPWC, the terms in this Technical Specification shall prevail.

1.2 SCOPE OF WORK

1.2.1 This work includes furnishing labor, materials, tools, equipment, transportation and services required for complete and satisfactory maintenance of:

STORM DRAIN CATCH BASIN AND LIFT STATION in accordance with the improvement plans and Specifications prepared by the City.

General Nature of Work
The Contractor will be required to maintain and clean an estimated 129 catch basins/storm drains with connector pipe screens (CPS), automatic retractable screens (ARS), and unmodified catch basins/storm drains in City of Los Alamitos twice a year; and maintain and clean one lift station.

The Contractor will visually inspect and clean each catch basin/storm drain (unmodified, CPS, and ARS), the legibility of the “NO DUMPING” stencil, and note/document any buildup of debris outside of the catch basin/storm drain.

The Contractor will clean as directed all of the catch basins/storm drains within the Los Alamitos city limit twice a year. The Contractor will document all catch basin/storm drain/lift station cleaning, which includes removing trash, sediments, and water collected in the sump.

The Contractor will document any illegible “No Dumping” stencil or marker by providing the City with the photo and location of the stencil or marker.

The Contractor will note/document the type and quantity of materials removed from each catch basin/storm drain/lift station (e.g. trash, dirt, sediment, clippings, hazardous materials, ponding water etc.). The Contractor shall also note/document any sign of vector or rodents habitats and report them

SECTION F – Page 3

SPECIAL PROVISIONS
immediately. All noted/documented materials and debris once collected will be disposed of legally by the Contractor. The Contractor will look for evidence of illegal hazardous waste dumping (oil, paints, chemicals, etc.) and report it immediately to the City.

The Contractor will provide the City with photographs of each catch basin/storm drain that is inspected and worked on. Photographs taken must be saved in (.jpg) format .

The Contractor will note for each catch basin whether it has a CPS or ARS.

Contractor shall provide total tons (weight) of debris/sediment cleaned from the catch basins and lift station. Contractor shall estimate the total water pumped from each catch basin and lift station.

1.3 COORDINATION
The Contractors shall coordinate the work of the various trades and crafts to avoid possible interferences, duplication of work, or unfinished gaps and conflicts between operations. The various trades and crafts shall agree that, due to field conditions, minor departures from the improvement plans are bound to occur, and that such departures are self compensating so far as cost of additions or deductions are concerned. No claims for extras or time extensions will be allowed in connection with such minor changes due solely to field conditions.

1.4 WORK FORCE
It shall be construed that each subcontract is an integral part of the General Contract and the Contractor shall provide and maintain, in full operation, at all times during the performance of the contract, a sufficient crew of laborers, mechanics, and foremen to execute the work with dispatch. All work related efforts and operations shall be continuous and sustained.

1.5 EMERGENCY RESPONSE
The Contractor shall furnish the City with the names and telephone numbers of a minimum of two (2) responsible representatives able to expedite requests beyond the normal working hours and on weekends and holidays.

2.0 CATCH BASIN INSPECTION AND CLEANING

2.1 General
The Contractor shall furnish all materials, equipment, tools and labor to clean out i.e., remove trash, debris and water from within and around all catch basins

SECTION F – Page 4

SPECIAL PROVISIONS
in which retrofit devices are installed. Clean out shall also include the catch basin connector pipe openings.

Contractor shall also vacuum out standing water that may not have drained out.

2.2 Method of Trash Removal
All debris and trash required to be removed from the catch basins shall be removed in a manner to be determined by the Contractor. The Contractor shall not allow any trash or debris to enter the connector pipe or main line as a result of the clean out operations.

2.3 Debris Disposal
All debris and trash removed under this Contract shall become the property of the Contractor and shall be legally disposed of away from the basin sites. The Contractor is responsible for proper disposal of the debris and trash, including obtaining approvals from all jurisdictional agencies, as applicable. The Contractor shall be responsible for removing any dead animal from inside a catch basin. The Contractor shall also be responsible for contacting and coordinating with the appropriate agency or organization in charge with the pickup and disposal of dead animals.

Prior to the start of the Work, the Contractor shall identify his intended disposal sites. In addition, the Contractor shall furnish to the City representative at the end of each week the original or copies of all invoices or billings for the disposal of debris. The Contractor is responsible for reporting to the disposal facility, as accurately as practical, the jurisdictional percentage of the debris being disposed. These invoices must indicate the weights or volume of debris disposed.

Vehicles used by the Contractor to transport debris to approved dumpsites shall be so equipped that spillage does not occur. Covering of the load shall be required to prevent the debris from being blown off the transport vehicle.

Vehicles and personnel operating these vehicles that do not comply with this requirement may be ordered removed from the project and shall not be utilized again.

2.5 MAINTENANCE CONDITIONS AND MAINTENANCE STANDARDS
Following are deficiencies in maintenance conditions and their corresponding maintenance standards which shall apply to this Contract. The clean out of each catch basin and lift station shall meet the maintenance standards listed as follows:

SECTION F – Page 5

SPECIAL PROVISIONS
Description of Maintenance
Condition Deficiency
Description of Maintenance of
Standard
Trash and debris located immediately
in front of curb opening or side
opening of catch basin, and on top or
between metal grates of grated catch
basin.

No trash and debris located
immediately in front of catch basin
opening, and on top or between metal
grates.

Vegetation growing across and/or
blocking the basin opening.

No vegetation blocking catch basin
opening.

Trash and debris in the basin. No trash and debris within the catch basin.

Trash and debris in the connector pipe
opening, upstream or downstream.

No trash and debris in connector pipe
opening and/or in the connector pipe
for a distance of 6 feet inside from the
opening or to the mainline/catch basin
connection, whichever is greater.

Standing water in the basin or lift
station
No standing water in the basin
Trash and debris shall include, but is not limited to, mud, vegetation, and garbage.

Upon completion of a clean out operation at a catch basin and before leaving it, the Contractor shall sweep and clean the top surface of the catch basin and the area 2 feet around the basin, and shall remove any trash and debris resulting from the clean out operations. No debris is to be left at a catch basin for future pickup.

From time to time, catch basins and the lift station will have standing water.

Water must be vacuumed out and disposed of by contractor and condition reported to the City.

2.6 SCOPE OF WORK
Inspection and Cleaning
Contractor shall inspect, clear all debris, vacuum any standing water and perform any required minor repairs to catch basins within the jurisdiction of the City. Costs to travel, inspect and clean the catch basin or lift station; and dispose of debris and other incidentals to complete the work required shall be included in the per catch basin price. No additional compensation shall be allowed. The total number of catch basin is estimated to be 129 but is subject to change per field verification.

SECTION F – Page 6

SPECIAL PROVISIONS
Any catch basin which does not appear on the City’s maps will be identified, inspected and cleaned. Contractor will prepare and transmit a log as to the exact location of the catch basin, existence of trash capture devices, and other pertinent information and sent to the City in a digital format.

Cleaning dates will be confirmed with the City prior to commencement and each round of cleaning shall be completed within 60 days.

Frequency of Cleaning
Catch basin or lift station shall be cleaned a minimum of TWO TIMES each year.

One time during the dry season from June to September and the 2nd time during wet season from October and May. There should be at least 5-6 months between cleanings.

Utility Permit
Contractor is responsible for obtaining a meter and/or permit with the Utility company if it needs to obtain water from the hydrant or to use a sewer line for disposal. Cost of permit shall be borne by the Contractor.

Caltrans
Contractor is responsible for coordinating with Caltrans for the cleaning of the catch basin within the Caltrans Right of Way (ROW). There are approximately 5 catch basins within the Caltrans ROW that the Contractor will be responsible to clean.

City will obtain a permit with Caltrans on the cleaning. Contractor will need to complete the necessary Caltrans applications/authorization forms to go along with the permit application. A traffic plan submitted to Caltrans has been uploaded as part of the RFP
Minor Repairs
Contractor shall make minor repairs to any catch basin trash screen or trash collection device that is damaged and shall be included in the per catch basin cleaning cost. Contractor shall report evidence of rodents and/or vectors breeding/living in the storm drain system to the City within twenty-four (24) hours of discovery.

Bid prices shall include minor maintenance. Minor Maintenance as used within this specification shall mean adjustments to the ARS unit to allow for proper operation. Minor Maintenance shall include repairs to the CPS screen that may

SECTION F – Page 7

SPECIAL PROVISIONS
result during the cleaning of the catch basin. Minor Maintenance does not include the replacement of bent or damaged parts caused by vandalism or accident. If the work required to restore the ARS to proper operation exceeds minor Maintenance the contractor shall schedule a meeting with the City Maintenance staff to confirm the extent of the damages. The Cleaning Contractor shall not participate in the replacement of damaged ARS units when the work exceeds the definition of Minor work contained above.

Contractor shall inspect and report any damaged catch basin trash screen or trash collection device.

Inventory Verification and Data Gathering
Contractor shall inspect each catch basin and provide the following data to the City:
• GPS Location of catch basin
• Street Address Location
• Weight of debris/sediment/trash removed (in terms of tonnage) • Presence of CPR and/or ARS
• Condition of CPR or ARS- Look for evidence of any damage and/or malfunctioning of screens and locking mechanisms on retroffited catch basins. Report damage or malfunction to the City within 1 day of discovery.
• Condition of Stenciling (Drains to Ocean) if legible or illegible • identify if drainage is a Catch Basin, toll drain, or drainage pipe • Digital picture of catch basin interior before and after cleaning • Digital picture of catch basin exterior to verify location for future cleaning • Note all damages and repairs needed on all catch basin/lift station. • Confirm if catch basin is City owned or County owned
The cost for the inspection and data gathering should be built in the per cleaning cost.

2.7. PAYMENT
Payment for bid item shall be at the contract unit price bid per each (EA) catch basin and lift station which includes inspection, cleaning and minor repair and shall include full compensation for all labor, materials, tools, equipment and incidentals necessary to do all catch basin inspection, cleaning and minor repair, and not additional compensation will be allowed therefor.

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SECTION F – Page 8

SPECIAL PROVISIONS

ATTACHMENTS -Page 1

ATTACHMENTS
Attachment A- Inventory Map
Attachment B- Portal Drive Lift Station
Attachment C- Pictures of Catch Basins
Attachment D- Traffic Plan on Katella Avenue at
Caltrans Right of Way
Attachment E- Link to the Virtual Bid Opening

ATTACHMENTS -Page 2

ATTACHMENT A

INVENTORY MAP

SEE BIDNET PORTAL UNDER DOCUMENTS & ITEMS

FOR THE ATTACHMENT

ATTACHMENTS -Page 3

ATTACHMENT B

PORTAL DRIVE LIFT STATION

SEE BIDNET PORTAL UNDER DOCUMENTS & ITEMS

FOR THE ATTACHMENT

ATTACHMENTS -Page 4

ATTACHMENT C

PICTURES OF CATCH BASINS

SEE BIDNET PORTAL UNDER DOCUMENTS & ITEMS

FOR THE ATTACHMENT

ATTACHMENTS -Page 5

ATTACHMENT D

TRAFFIC PLAN ON KATELLA AVENUE AT

CALTRANS ROW

SEE BIDNET PORTAL UNDER DOCUMENTS & ITEMS

FOR THE ATTACHMENT

ATTACHMENTS -Page 6

ATTACHMENT E

LINK TO THE VIRTUAL BID OPENING

SEE BIDNET PORTAL UNDER DOCUMENTS & ITEMS

FOR THE ATTACHMENT

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 18, 2025 ITEM NUMBER: 11K
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Approval of Plans and Specifications for Striping Improvements on Katella Avenue (CIP 24/25-07)

SUMMARY
Striping and pavement markings assist in maintaining safe, up-to-date standards that comply with current Federal and State guidelines. This item requests the approval of plans to be noticed and to authorize staff to solicit and receive bids for completion of the project.

RECOMMENDATION

1. Approve the plans and specifications for the Striping Improvements on Katella Avenue (CIP 24/25-07) project; and,

2. Authorize Staff to advertise and solicit bid proposals

BACKGROUND
The existing striping and pavement markings on Katella Avenue are faded and need repainting. The proposed plan will repaint traffic lane lines and traffic markings on Katella Avenue from east of the 605 Freeway northbound On Ramp to the eastern edge of the Los Alamitos/Cypress boundaries.

DISCUSSION
Street and pavement markings convey important safety messages to roadway users and provide an orderly direction for traffic flow. Katella Avenue is a major east-west regional arterial connecting I-605 at Los Alamitos to Anaheim. It has six lanes (three lanes in each direction), is a divided roadway and accommodates over 30,000 vehicles per day.

Citywide striping has been deferred for several years, which has caused the markings on Katella Avenue to fade. A striping plan has been incorporated in the maintenance and operations (M & 0) calendar in the Public Works Division, with Cerritos Avenue, Bloomfield Avenue, and portions of Los Alamitos Blvd.. The proposed plan will refresh striping and pavement markings on Katella Avenue. It will create an orderly traffic flow by keeping vehicles within the lane lines and improve safety and corner visibility at intersections and driveways. • 02/18/2025 Approval of plans & specifications by the City Council • 02/26/2025 Advertise project
• 03/20/2025 Bid opening

• 04/21/2025 Award of Contract (City Council Meeting)
• 05/21/2025 Start of construction
• 06/23/2025 End of construction

FISCAL IMPACT
The engineering estimate for this project is $147,000 with a 10% contingency ($14,700) for a total of $161,700. This amount is in the maintenance and operation budget of Development Services - Street Division - Account No. 10.542.5295
Attachment: 1. Specifications for Striping Improvements on Katella Avenue (CIP 24/25-07)

2. Striping Improvements on Katella Avenue Plans

CITY OF LOS ALAMITOS

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

STRIPING IMPROVEMENTS ON KATELLA AVENUE
CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
FEBRUARY 2025
• CIP 24/25-07 Striping Improvements on Katella Avenue
• Bid Opening Date will be Thursday, March 20, 2025
NOTICE TO THE BIDDERS:

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

2. Bid bond required – 10% of bid amount to be submitted to the Development Services Department.

3. Bids must be received by 11:00 a.m. on March 20, 2025

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CITY OF LOS ALAMITOS

SPECIFICATIONS FOR

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

GENERAL REQUIREMENTS AND TECHNICAL PROVISIONS
PREPARED BY:

Willdan Engineering
13191 Crossroads Pkwy South, Suite 405
Industry, Ca
(562) 908-6200
FEBRUARY 2025
Chris C. Kelly, P.E.

P.E. 83179

FOR THE CITY OF LOS ALAMITOS

PUBLIC WORKS DIVISION

DEVELOPMENT SERVICES DEPARTMENT
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TABLE OF CONTENTS

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

SECTION
NOTICE INVITING ELECTRONIC BIDS .................................................................................................A INSTRUCTIONS TO BIDDERS..................................................................................................................B PROPOSAL INFORMATION AND DOCUMENTS ..................................................................................C CONTRACT INFORMATION AND DOCUMENTS.................................................................................D STANDARD SPECIFICATIONS.................................................................................................................E SPECIAL PROVISIONS...............................................................................................................................F SPECIAL PROVISIONS – STRIPING ........................................................................................................G STANDARD PLANS .................................................................................................APPENDIX – PART 1

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SPC24-05
SECTION A – Page 1

NOTICE INVITING BID

SECTION A

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

NOTICE INVITING ELECTRONIC BIDS

SPC24-05
SECTION A – Page 2

NOTICE INVITING BID
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SPC24-05
SECTION A – Page 3

NOTICE INVITING BID

NOTICE INVITING ELECTRONIC BIDS

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Los Alamitos as AGENCY, invites electronic bids for the above stated project and will receive such bids electronically through BidNet Direct (http://cityoflosalamitos.org/517/Bid-Opportunities). Bids will be received up to the hour of 11:00 a.m., on March 20, 2025, and will be opened virtually at that time. If you would like to attend the virtual bid opening, it will be accessible through Microsoft Teams Meeting:

Click here to join the meeting
Join the meeting now
Meeting ID: 293 105 476 069
Passcode: v7A54PU9
• CIP 24/25-07 Striping Improvements on Katella Avenue
• Bid Opening Date will be on Thursday, March 20, 2025 @ 11:00 a.m. via Teams The City of Los Alamitos proposes to re-stripe the existing striping with paint on Katella Avenue from I605 east of northbound On Ramp 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.

Bids must be prepared on the approved bid forms in conformance with INSTRUCTIONS TO BIDDERS and must be submitted electronically on BidNet Direct (BidNet), accessible through the Agency’s webpage at http://cityoflosalamitos.org/517/Bid-Opportunities where each prospective bidder must first register as a vendor through the Agency’s BidNet portal. No hard copy bid packages will be accepted.

Plans and specifications will be available for review on BidNet. All relevant materials shall be obtained from the link above. The Agency is not responsible for and accepts no liability in the event a response is late due to any network, internet or any other technical problem or interruption. The bidder is solely responsible for the “on time” submission of their electronic bid. The Agency will only consider bids that have been transmitted successfully and have been issued an e-bid confirmation number. Bidders experiencing any technical difficulties with the bid submission process may contact BidNet at (800)835- 4603.

In accordance with the provisions of California Public Contract Code § 3300, and Business and Professions Code § 7028.15(e), the Agency has determined that the contractor shall possess a valid Class A contractor’s license at the time that the contract is awarded. Failure to possess the specified license shall render a bidder’s bid as non-responsive and shall bar award of the contract to any bidder not possessing the specified license at the time of the award.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CA 95826. At the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first

SPC24-05
SECTION A – Page 4

NOTICE INVITING BID
payment for work or material 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 Board. 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. (Public Contract Code § 20103.5) THE BID MUST BE ACCOMPANIED BY A BID GUARANTEE IN THE AMOUNT OF 10% OF

THE TOTAL BID PRIOR TO THE BID SUBMISSION DEADLINE, SUBMITTED TO THE DEVELOPMENT SERVICES DEPARTMENT, ATTN: PUBLIC WORKS DEPARTMENT SECRETARY, 3191 KATELLA AVENUE, LOS ALAMITOS, CA 90720. Sealed envelopes bearing the bid bond should be clearly marked with the project title and CIP number as shown on the cover sheet of these specifications. More specifically, pursuant to Public Contract Code §§ 20170 and 20171, all bids for the project shall be presented, under sealed cover and shall be accompanied by one of the following forms of bidder’s security in the amount of ten percent (10%) of the bid: (a) cash; (b) a cashier’s check made payable to the City of Los Alamitos; (c) a certified check made payable to the City of Los Alamitos; or (d) a bidder’s bond executed by an admitted surety insurer made payable to the City of Los Alamitos.

Such security shall be forfeited should the successful bidder to whom the contract is awarded fails to timely execute the contract and to deliver the necessary bonds and insurance certificates as specified in the contract documents.

To the extent applicable, at any time during the term of the Agreement for the proposed project, the successful bidder may, at its own expense, substitute securities equivalent to the amount withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

Pursuant to California Civil Code § 3247, a payment bond is required to be submitted for all projects estimated in excess of $25,000.00.

The Agency has determined that the proposed project is a public works subject to the provisions of Labor Code § 1720 thereby requiring the Contractor to pay the prevailing wage rates for all work performed under the Contract.

The Agency reserves the right to reject any and all bids.

Questions or Requests for Information (RFIs) or interpretations are due March 10, 2025, at 11:00 a.m., ten (10) days before the time announced for the opening of the bids and shall be submitted on the BidNet portal. If you have any questions, please contact Chris Kelley at (562)431-3538 ext. 531 or [email protected].

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

SPC24-05
SECTION B – Page 1

INSTRUCTION TO BIDDERS

SECTION B

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

INSTRUCTIONS TO BIDDERS

SPC24-05
SECTION B – Page 2

INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
B1.01 INSPECTION OF SITE OF WORK
Bidders are required to inspect the site of the work in order to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work and as to the actual conditions of and at the site of work. If, during the course of his/her examination, a bidder finds facts or conditions which appear to him/her to conflict with the letter or spirit of the contract documents, or with any other data furnished him/her, he/she may apply to the Agency in writing in accordance with B1.04 INTERPRETATION OF CONTRACT DOCUMENTS for additional information and explanation before submitting his/her bid.

The submission of a proposal by the bidder shall constitute the acknowledgment that, if awarded the contract, he/she has relied and is relying on his/her own examination of (a) the site of the work, (b) the access to the site, and (c) all other data, matters, and things requisite to the fulfillment of the work and on his/her own knowledge of existing services and utilities on and in the vicinity of the site of the work to be constructed under the contract, and not on any representation or warranty of the Agency. No claim for additional compensation will be allowed, which is based upon a lack of knowledge of these items.

B1.02 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, drawings and addenda (if any). The submission of a proposal shall constitute an acknowledgment upon which the Agency may rely that the bidder has thoroughly examined and is familiar with the contract documents. The bidders’ attention is directed to the need, if any, for special invoicing for this project. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him/her from any obligations with respect to his/her proposal or to the contract. No claim for additional compensation will be allowed, which is based upon a lack of knowledge of any contract document.

B1.03 CONTRACT PERIOD/CONSTRUCTION COMPLETION DATE
Bidder’s attention is called to the provisions set forth in SECTION E, STANDARD SPECIFICATIONS, particularly those pertaining to the contract period and liquidated damages for avoidable delays.

The Contractor shall begin work on the date of the Notice to Proceed and shall diligently prosecute said work to completion before the expiration of TEN (10) WORKING DAYS. The Contractor shall pay to the Agency the sum of $500.00 per day, for each and every calendar days delay in finishing the work in excess of the number of working days prescribed above.

B1.04 INTERPRETATION OF CONTRACT DOCUMENTS
No oral interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing and delivered to the Agency at least ten (10) days before the time announced for opening the proposals. Interpretations by the Agency will be in the form of an

SPC24-05
SECTION B – Page 3

INSTRUCTION TO BIDDERS
addenda to the contract documents and, when issued, will be sent as promptly as is practical to all parties to whom the contract documents have been issued. Agency makes no guarantee that all bidders will receive all addenda. Copies of the addenda will be made available for inspection at the office where contract documents are on file for inspection as indicated on the Invitation for Bids. All such addenda shall become part of the contract. All questions shall be addressed to Chris Kelley, City of Los Alamitos, (562) 357-5411.

B1.05 SOIL INFORMATION
Soil reports have not been prepared for this project.

B1.06 PROPOSAL
Proposals shall be made on the forms enclosed in SECTION C of these specifications with or without removal from the bound contract documents. All proposals shall give the prices proposed, both in words and in numbers, shall give all other information requested herein, and shall be signed by the bidder or his/her authorized representative, with his/her address. If the proposal is made by an individual, his/her name, signature and mailing address must be shown; if made by firm or partnership, the name and mailing address of the firm or partnership and the signature of at least one of the general partners must be shown; if made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and mailing address of the corporation, and the name and title of the person who signs on behalf of the corporation. If the proposal is made by a corporation, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished demonstrating the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

Each proposal shall be submitted as specified in SECTION A - NOTICE INVITING SEALED BIDS.

Bidders are warned against making erasures or alterations of any kind, and proposals which contain omissions, erasures or irregularities of any kind may be rejected. No oral, telegraphic or telephonic proposals or modifications will be considered.

In conformance with the Business and Profession Code, § 7028.15, the Contractor must state clearly his/her license number and expiration date. In addition, he/she shall sign a statement that these representations were made under the penalty of perjury. This statement shall be made on the EXPERIENCE STATEMENT in SECTION C.

The contractor will be required to pay prevailing wage pursuant to California Law, including California Labor Code §§ 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the offices of the Agency.

B1.07 ADDENDA
Each proposal shall include specific acknowledgment in the space provided on SECTION C - BID PROPOSAL of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the proposal being rejected as not responsive.

B1.08 BID PRICES
Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendence, labor and services, except as may be provided otherwise in the

SPC24-05
SECTION B – Page 4

INSTRUCTION TO BIDDERS
contract documents. In the event of a difference between a price quoted in words and a price quoted in numbers for the same quotation, the words shall be the amount bid.

In preparing bid prices, bidder represents that he/she has carefully examined the Contract Documents and the site where the work is to be performed and that he/she has familiarized himself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect the performance of the work in any manner. The bidder further represents that he/she has studied all surveys and investigation reports about subsurface and physical conditions pertaining to the job site, that he/she has performed such additional surveys and investigations as he/she deems necessary to complete the work at his/her bid price, and that he/she has correlated the results of all such data with the requirements of the Contract Documents. The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work.

The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as the Design Engineer supposes or believes them to exist but is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the Agency, the Design Engineer and their consultants or agents shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in the BID SCHEDULE in SECTION C are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The contractor shall be responsible for verifying all estimated quantities. Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for unauthorized work performed outside of that required by the Contract Documents.

B1.09 TAXES
No mention shall be made in the proposal of sales tax, use tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

B1.10 RECOGNITION OF BONDING COMPANIES
All bonding companies used by the Contractor in this contract must be recognized by the Federal Government within Circular 570. All proposals or contracts received that include bonds posted by bonding companies not recognized in Circular 570 will result in the disqualification of the bid proposal and forfeiture of the bid bond.

B1.11 QUALIFICATION OF BIDDERS
Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided in SECTION C.

Each bidder shall possess a valid Contractor’s License issued by the Contractor’s State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years’ experience in the magnitude and character of the work bid.

SPC24-05
SECTION B – Page 5

INSTRUCTION TO BIDDERS
It is the intention of the Agency to award a contract to a bidder who furnished satisfactory evidence that he/she has the requisite experience and ability, and that he/she has sufficient capital, facilities, and plant to enable him/her to prosecute the work successfully and properly, and to complete it within the time stated in the contract.

To determine the degree of responsibility to be credited to the bidder, the Agency will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. If in the opinion of the Agency, a bidder is determined to be insufficiently qualified, then that bidder will not be considered for award of the contract.

B1.12 DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
Each proposal shall have listed on the DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS form provided in SECTION C the name and address of each subcontractor to whom the bidder proposes to sublet portions of the work in excess of one-half percent of the total amount of his/her bid. For the purpose of this paragraph, a subcontractor is defined as one who contracts with the Contractor to furnish materials and labor, or labor only for the performance of work at the site of the work or who will specially fabricate a portion of the work off the site pursuant to detailed drawings in the contract documents.

Public Contract Code § 4104 requires all bidders to list subcontractors who will perform work in excess of ½% of the total bid, or in the case of streets and highways, ½% or $10,000, whichever is greater.

Public Contract Code § 6109 prohibits a contractor from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7.

B1.13 PROPOSAL GUARANTEE
The proposal shall be accompanied by a proposal guarantee bond duly completed on the form provided herewith by a guarantee company authorized to carry on business in the State of California for payments to the Agency in the sum of at least 10% of the total amount of the bid proposal, or alternatively by a certified or cashier’s check payable to the Agency, or cash, in the sum of at least 10% of the total amount of the bid proposal. The amount payable to the Agency under the proposal guarantee shall be forfeited to the Agency in case of failure or neglect of the bidder to furnish, execute and deliver to the Agency the required bonds, evidence of insurance and to enter into, execute and deliver to the Agency the agreement on the form provided herewith, within ten (10) days after being notified in writing by the Agency that the award has been made and the agreement is ready for execution.

B1.14 MODIFICATION OF PROPOSAL
A modification of a bid proposal already received will be considered only if the modification is received before the time announced for the opening of bids. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid proposal.

B1.15 WITHDRAWAL OF PROPOSAL
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the Agency’s designated official prior to the bid opening hour stipulated in SECTION A – NOTICE INVITING SEALED BIDS. Proposals may not be withdrawn after that time without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

SPC24-05
SECTION B – Page 6

INSTRUCTION TO BIDDERS
B1.16 POSTPONEMENT OF BID OPENING
The Agency reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced in SECTION A–NOTICE INVITING SEALED BIDS.

B1.17 DISQUALIFICATION OF BIDDERS
If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified.

This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder.

B1.18 REJECTION OF PROPOSALS
The Agency reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required; in which unit prices are unbalanced in the opinion of the Agency; which are accompanied by insufficient or irregular bid security; or which are from bidders who have previously failed to perform properly or to timely complete contracts of any nature.

B1.19 AWARD OF CONTRACT
The Contract will be awarded, if at all, to the lowest responsible and responsive bidder, whose bid proposal is not rejected for cause by the Agency. However, until an award is made, the Agency reserves the right to reject any or all bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the Agency. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom it is proposed to make such an award.

Each bidder’s attention is directed to the possibility that the award of the project may be delayed for various reasons. The Agency reserves the right to delay the award of the project for ninety (90) calendar days. After ninety (90) calendar days, the low bidder may at any time request release from its bid without penalty.

The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the bidder whose proposal is accepted. No other act of the Agency shall constitute acceptance of a proposal. The award of contract shall obligate the bidder whose proposal is accepted to furnish a performance bond, payment bond and maintenance bond, as well as evidence of insurance and to execute the contract set forth herein.

B1.20 RETURN OF PROPOSAL GUARANTEES
Within ten (10) calendar days after the bids are opened, the Agency will release the proposal guarantees accompanying the proposals which are not to be considered in making the award. Proposal guarantees for the two (2) lowest bidders will be held until the contract has been fully executed, after which they will be returned to the respective bidders.

B2.21 EXECUTION OF CONTRACT

SPC24-05
SECTION B – Page 7

INSTRUCTION TO BIDDERS
The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds and evidence of insurance, within ten (10) calendar days after the notification of the contract award by the Agency in writing. In case of failure of the successful bidder to execute the contract agreement within ten (10) calendar days after such notice, or any subsequent extension approved by Agency, the Agency at its option may consider the bidder in default, in which case the bid bond or proposal guarantee accompanying the bid shall become the property of the Agency. After execution by the Agency, one original contract shall be returned to the Contractor.

B1.22 FLEXIBILITY OF BID SCHEDULE
It is the intent of the Agency to award a contract to the lowest responsible and responsive bidder and the flexibility shown in the bid schedule is necessary to ensure a project is within the Agency’s budget limits and constraints.

SPC24-05
SECTION C – Page 1

PROPOSAL INFORMATION AND DOCUMENT

SECTION C

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

PROPOSAL INFORMATION AND DOCUMENTS

PROPOSAL INFORMATION AND DOCUMENTS

BID PROPOSAL

BID SCHEDULE

BID BOND

NON-COLLUSION AFFIDAVIT

BID GUARANTEE

BIDDER INFORMATION

EXPERIENCE STATEMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

SPC24-05
SECTION C – Page 2

PROPOSAL INFORMATION AND DOCUMENT

BID PROPOSAL

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned, as bidder, declares that he/she has examined all of the contract documents and specifications contained in this project manual for the above referenced project, and that he/she will contract with the Agency on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained.

The following are included and are to be considered as forming a part of this proposal: BID

PROPOSAL, BID SCHEDULE, BID BOND, NONCOLLUSION AFFIDAVIT, BID GUARANTEE (if submitted in lieu of Bid Bond), BIDDER INFORMATION, EXPERIENCE STATEMENT, DESIGNATION OF SUPPLIERS & SUBCONTRACTORS, BIDDER’S STATEMENT REGARDING INSURANCE COVERAGE, and STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS.

The contractor acknowledges receipt and inclusion of addenda _____ to ______ into this bid proposal and the contract documents.

Attached is a Bid Bond duly completed by a guarantee company authorized to carry on business in the State of California in the amount of at least 10% of the total amount of this proposal, or alternatively, there is attached a certified or cashier’s check payable to the Agency or evidence of a cash payment to the Agency, in the amount of at least 10% of the total amount of our proposal.

If this proposal is accepted, we agree to sign the contract form and to furnish the Performance Bond and the Payment Bond (each to be 100% of the bid amount), the Maintenance Bond (to be 50% of the bid amount), and the required evidences of insurance within ten (10) calendar days after receiving written Notice of Award of Contract.

We further agree if our proposal is accepted and a contract for the performance of the work is entered into with the Agency, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in SECTION E - TIME OF COMPLETION.

NAME OF BIDDER: ____________________________________________________________ MAILING ADDRESS: ___________________________________________________________ STATE OF INCORPORATION: ___________________________________________________ AUTHORIZED SIGNATURE: ____________________________________________________ TITLE: _______________________________________________________________________ DATE: _______________________________________________________________________ (If Company is a Corporation, provide corporate resolution per B 1.06 PROPOSAL.)

SPC24-05
SECTION C – Page 3

PROPOSAL INFORMATION AND DOCUMENT

BID SCHEDULE

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The cost of all labor, services, material, equipment and installation necessary for the completion of the work itemized under this schedule, even though not shown or specified, shall be included in the unit price for the various items shown herein. For a description of the work associated with each bid item, see SECTION F–SPECIAL PROVISIONS. The Agency reserves the right to increase or decrease the quantity of any item or omit items as may be necessary, and the same shall in no way affect or void the contract, except that appropriate additions or deductions from the contract total price will be made at the stipulated unit price in accordance with these Contract Documents.

The Agency reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the Agency.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in this Bid Schedule are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The Contractor shall be responsible for verifying all estimated quantities. The Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents, including addenda, and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for work performed for his convenience, or as required to adapt to field conditions, or for unauthorized work performed outside of that required by the Contract Documents.

The Contractor shall be responsible for calculating and providing totals for the bid schedule. The proposal schedule shall include all costs for labor, services, material, equipment, and installation associated with completing the work in place per the plans, specifications and details.

NAME OF BIDDER:_________________________________________________________ CONTRACTOR’S LICENSE NO.:______________________________________________ AUTHORIZED SIGNATURE:__________________________________________________ TITLE:____________________________________________________________________ DATE:____________________________________________________________________

SPC24-05
SECTION C – Page 4

PROPOSAL INFORMATION AND DOCUMENT
BID SCHEDULE (Continued)

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

BID SCHEDULE
No. Item Description Estimated
Quantity
Unit Unit Price Item Amount
1 Install Striping complete per plan. 1 LS $ $
Total
Bid Schedule Total $
Bid Schedule Total (in words):

The Contractor shall be responsible for calculating and providing unit prices for the schedule. The proposal schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.

The City has the option to reject all bids with or without cause. The City also has the option to remove bid items at its discretion. If the City chooses to remove bid items, no bid price adjustment will be allowed.

(Company Name of Bidder) (Date)

SPC24-05
SECTION C – Page 5

PROPOSAL INFORMATION AND DOCUMENT

BID BOND

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS that Bidder ________________________, as PRINCIPAL, and ______________________, as SURETY, are held and firmly bound unto the City of Los Alamitos as AGENCY, in the penal sum of ___________________________________________________________ dollars ($____________________), which is ten percent (10%) of the total amount bid by PRINCIPAL to AGENCY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the AGENCY may accept such Bid; and said SURETY does hereby waive notice of any such extension.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRINCIPAL in the manner and time specified, and PRINCIPAL provides the required payment and performance bonds and insurance coverages to AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this__ day of ., 2025.

PRINCIPAL*
________________
_____________________________________________
_____________________________________________
SURETY* _____________________________________________
_____________________________________________
_____________________________________________
*Provide BIDDER and SURETY name, address and telephone number and the name, title, address and telephone number for their authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this day of , 2025.

NOTARY PUBLIC _______________________________________________ (SEAL)

SPC24-05
SECTION C – Page 6

PROPOSAL INFORMATION AND DOCUMENT

BID GUARANTEE

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Note: The following statement shall be used if other than a bid surety bond accompanies bid. “Accompanying this proposal is a money order*, certified check*, cashier’s check*, cash*, payable to the order of the City of Los Alamitos in the amount of
_______________________________________________ Dollars ($__________________) which is at least ten percent (10%) of the total amount of this bid. The proceeds of this bid guarantee shall become the property of the City of Los Alamitos provided this bid is accepted by said City, through action of its legally constituted contracting authorities, and the undersigned fails to execute a contract and furnish the required bonds and insurance within the stipulated time. Otherwise, the proceeds of this bid guarantee shall be returned to the undersigned.”
NAME OF BIDDER:

MAILING ADDRESS:

AUTHORIZED SIGNATURE:

TITLE:

DATE:
(*Delete the inapplicable words)

SPC24-05
SECTION C – Page 7

PROPOSAL INFORMATION AND DOCUMENT

BIDDER INFORMATION

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
BIDDER certifies that the following information is true and correct:

Name of Bidder:

Business Address:

Telephone: .FAX:

E-mail:

Contractor’s License No.: Date License Issued: .

License Expiration Date:

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: (Name / Title / Address / Telephone)

.
.
.

Any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: (Type of Judgment / Date)

.
.
.

All current and prior DBA’s, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: (Principal / DBA’s / Applicable Dates)

.

Prior Disqualification

SPC24-05
SECTION C – Page 8

PROPOSAL INFORMATION AND DOCUMENT
Has your firm ever been disqualified from performing work for any City, County, Public or Private Contracting entity? Yes / No _________. If yes, provide the following information. (If more than once, use separate sheets):

Date: Entity:

Location:

Reason: .

Provide Status and any Supplemental Statement:

.
.
.

Has your firm been reinstated by this entity? Yes / No
Violations of Federal or State Law
A. Has your firm or its officers been assessed any penalties by any agency for noncompliance, violations of Federal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes / No: Federal / State:

If “yes”, identify and describe, (including status): .

.
.
.

Have the penalties been paid? Yes / No:___________________ B. Does you firm or its officers have any ongoing investigations by any AGENCY regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws? Yes / No: Codes / Laws: Section / Article:

If “yes”, identify and describe (including status):

.

SPC24-05
SECTION C – Page 9

PROPOSAL INFORMATION AND DOCUMENT
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this BIDDER INFORMATION are true and correct. Executed this __________________ day of _______________________________, 2025, at _____________________________________, California.

Authorized Representative Signature and Title________________________________________

SPC24-05
SECTION C – Page 10

PROPOSAL INFORMATION AND DOCUMENT

EXPERIENCE STATEMENT

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder’s experience in construction of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor’s License Board.

Project Title: __________________________________
Client:_______________________________Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________
Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title: __________________________________
Client:_______________________________Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________
Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No

SPC24-05
SECTION C – Page 11

PROPOSAL INFORMATION AND DOCUMENT
EXPERIENCE STATEMENT (Continued)

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Project Title: __________________________________
Client:_______________________________Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________
Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title: __________________________________
Client:_______________________________Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________
Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this EXPERIENCE STATEMENT are true and correct. Executed this __________________ day of _______________________________, 20__, at _____________________________________, California.
_________________________________________________________________ Authorized Representative Signature and Title

SPC24-05
SECTION C – Page 12

PROPOSAL INFORMATION AND DOCUMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The following is a list of subcontractors and suppliers, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work or provide materials of value in excess of one-half percent of the total bid price or $10,000, whichever is greater.

No subcontractor shall perform work in excess of the amount specified in 2-3 SUBCONTRACTS of the Standard Specifications, without the written approval of the Agency.

The Contractor is responsible to ensure that appropriate provisions are to be inserted in all subcontracts to bind subcontractors to the contract requirements as contained herein.

Each subcontractor must agree to comply with all applicable Federal, State, and local requirements.

Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)

SPC24-05
SECTION C – Page 13

PROPOSAL INFORMATION AND DOCUMENT
Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)
These representations are made under the penalty of perjury under the laws of the State of California.

The undersigned hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.

NAME OF BIDDER: _________________________________________________________ AUTHORIZED SIGNATURE: __________________________________________________ Date: _____________________________

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PROPOSAL INFORMATION AND DOCUMENT

NON-COLLUSION AFFIDAVIT
The undersigned declares:

I am the _______________ of _______________________, the party making the foregoing bid.

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

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

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

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CONTRACT INFORMATION AND DOCUMENT

SECTION D

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

CONTRACT INFORMATION AND DOCUMENTS

CONTRACT INFORMATION AND DOCUMENTS

CONTRACT AGREEMENT

PAYMENT BOND

FAITHFUL PERFORMANCE BOND

MAINTENANCE BOND
WORKER’S COMPENSATION INSURANCE CERTIFICATE

INSURANCE ENDORSEMENT

STATEMENT RE INSURANCE COVERAGE
STATEMENT RE THE CONTRACTOR’S LICENSING LAWS

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CONTRACT INFORMATION AND DOCUMENT

ARTICLES OF AGREEMENT

STRIPING IMPROVEMENTS ON KATELLA AVENUE
SPECIFICATION NO. CIP 24/25-07

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

THIS STRIPING IMPROVEMENTS ON KATELLA AVENUE AGREEMENT
(“AGREEMENT”) is made and entered into for the above-stated project this ___ day of _______, 2025 (Council Action Date Here), BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter designated as “AGENCY”, and CONTRACTOR’S BUSINESS NAME, a ____________ (State) ___________ (corporation, partnership, limited liability company, or other business form), hereafter designated as “CONTRACTOR.” WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

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

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

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

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

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CONTRACT INFORMATION AND DOCUMENT
body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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