Los Alamitos City Council
March 23, 2026

City Council Special Agenda
March 23, 2026

NOTICE TO THE PUBLIC – This Agenda contains a brief general description of each item to be considered. Except as provided by law, action or discussion shall not be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk’s Office or on the City’s website at www.cityoflosalamitos.org once the agenda has been publicly posted.

Each matter on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adopt a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as “for information” or “for discussion” may also be the subject of an “action” taken by the City Council at the same meeting.

Agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5) will be made available for public inspection at the meeting. Such documents will also be available at the City Clerk's office, 3191 Katella Ave., Los Alamitos, CA 90720.

In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (562) 431-3538, ext. 220. Notification at least 42 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. Language translation services are available for this meeting by calling the City Clerk’s Office least 42 hours in advance If you are unable to attend this meeting in person, you may submit comments on any agenda item or on any item not on the agenda by email to [email protected] with the subject line “COUNCIL PUBLIC COMMENT”. Comments received by 3:00 p.m. the day of the meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read email comments at the meeting. You may also view the meeting live on local cable channel 3.

If, as an attendee, or a participant at this meeting, you will need special assistance beyond what is normally provided, please contact the City Clerk’s Office at (562) 431-3538, extension 220, at least 48 hours prior to the meeting so that reasonable arrangements may be made.

CITY OF LOS ALAMITOS
Council Chamber
3191 Katella Ave., Los Alamitos CA 90720

CITY COUNCIL AGENDA

SPECIAL MEETING
Monday, March 23, 2026 – 5:30 PM

1. CALL TO ORDER

2. ROLL CALL
Mayor Doby
Mayor Pro Tem Nefulda
Council Member Hasselbrink
Council Member Hibard
Council Member Loe

3. CLOSED SESSION
A. Conference With Labor Negotiator
City Negotiator: Chet Simmons, City Manager
Employee Organization: Teamsters Local 911
Authority: Government Code Section 54957.6

City Council Special Agenda
March 23, 2026

B. Conference With Labor Negotiator
City Negotiator: Chet Simmons, City Manager
Employee Organization: Police Officers Association
Employees Authority: Government Code Section 54957.6
C. Conference with Labor Negotiator
City Negotiator: Chet Simmons, City Manager
Employee Organization: Executive Management, Non-Represented Authority: Government Code Section 54957.6
D. Public Employee Performance Evaluation
Title: City Manager
Authority: Government Code Section 54957
E. Conference with Labor Negotiator
City Negotiator: Michael S. Daudt, City Attorney
Employee: City Manager
Authority: Government Code Section 54957.6

4. PLEDGE OF ALLEGIANCE
Council Member Hasselbrink will lead the Pledge of Allegiance.

5. INVOCATION
Council Member Hibard will give the Invocation.

6. PRESENTATIONS
A. Recognition of Evo Studio's for Being Featured as the February 2026 Mayor's Business Spotlight
B. Recognition of Max Muscle for Being Featured as the March 2026 Mayor's Business Spotlight
C. Presentation of a Proclamation to the Finance Department in Recognition of Government Finance Professionals Week
D. Presentation by Townsend Public Affairs Providing an Update on City Grants and Federal Funding

7. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.

City Council Special Agenda
March 23, 2026

8. UPDATES FROM THE MAYOR
At this time, the Mayor may report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken.

9. UPDATES FROM THE CITY STAFF
At this time, City Staff may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide direction to Staff to place an item on a future agenda.

10. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from January 27, 2026, to February 28, 2026.

Recommendation: Ratify the Warrants from January 27th to February 28, 2026, for $2,882,020.76.

Roll Call
Mayor Doby
Mayor Pro Tem Nefulda
Council Member Hasselbrink
Council Member Hibard
Council Member Loe

11. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.

A. Approval of Minutes (Administration)
Approve the City Council Adjourned Regular Minutes of February 9, 2026.

B. Considerations Regarding SB 707: Brown Act Modernization (Administration)
Senate Bill 707 (SB 707), signed into law in October 2025 and effective July 1, 2026, represents a substantial modernization of the Ralph M.

Brown Act. The legislation introduces new requirements aimed at enhancing public access, transparency, and accessibility to local government meetings. As a result, the City will be required to implement several operational and procedural changes to ensure full compliance with the updated law.

Recommendation:

1. Direct staff to move forward with a two-way audiovisual platform

City Council Special Agenda
March 23, 2026

and bring forward a Disruption Policy for adoption in compliance with SB 707; and,

2. Direct staff to place a community posting board at City Hall and bring forward a Community Posting Policy for adoption; and,

3. Direct Staff to collaborate with local community organizations to identify and implement strategies that encourage greater participation from underrepresented groups in City Council meetings.

C. Mid-Year General Fund Budget Review and Financial Update for Fiscal Year 2025-26 (Finance)
This report provides the City Council with a review of the Mid-Year General Fund budget for the Fiscal Year 2025-26 and a projection for the fiscal year ending June 30, 2026.

Recommendation: Receive and file the Mid-Year General Fund budget for the Fiscal Year 2025-26, projection for the fiscal year ending June 30, 2026, and approve the additional appropriations of $650,000 to the SelfInsurance (Fund 54).

D. Approve the Auction of City Vehicles and Equipment (Development Services)
This item recommends authorizing the auction of surplus vehicles and equipment that are no longer operable or cost-effective to repair.

Recommendation: Authorize the listed vehicles and equipment to be declared surplus and approve their auction and disposal in accordance with Resolution No. 2025-26, Fleet Vehicle & Equipment Replacement Policy.

E. Approval of Plans and Specifications — Authorization to Bid for 100KW Emergency Generator Project (CIP 24/25-13) (Development Services)
This item facilitates soliciting bids for purchase and installation of a new portable 100KW emergency generator (CIP 24/25-13).

Recommendation:

1. Approve the plans and specifications bid for the 100KW Emergency Generator Project (CIP 24/25-13); and,

2. Authorize City Staff to advertise and solicit bid proposals for the Project (CIP 24/25-13).

City Council Special Agenda
March 23, 2026

F. Approve Agreement with the County of Orange for Waste Infrastructure System Enterprise (WISE) (Development Services) City Staff requests City Council approval of the Waste Infrastructure System Enterprise (WISE) Agreement with the County of Orange for municipal solid waste disposal services and rates. Under the WISE Agreement, participating cities and districts receive priority access to County landfills, a disposal rate of at least 10% below the public rate (and no higher than the waste importation rate), and a share of revenue from the County’s waste importation agreements, in exchange for directing all non-recycled waste collected by franchise haulers to County landfills.

Recommendation: Authorize the City Manager to execute the WISE Agreement with the County of Orange for municipal solid waste disposal rates and services, with any minor modifications as necessary, in a form approved by the City Attorney.

G. Notice of Completion (NOC) for Labourdette Park Project (CIP 24/25- 02) (Development Services)
This item recommends the City Council accept the Labourdette Park Project (CIP 24/25-02) located at 4401 Howard Avenue, as complete.

Recommendation:

1. Approve the City Engineer's Notice of Completion (NOC) for the Labourdette Park Project (CIP 24/25-02) as completed by Marjani Builders, Inc.; and,

2. Authorize the City Clerk to record the Notice of Completion with the Orange County Recorder's Office; and,

3. Authorize City Staff to release the Project retention to Marjani Builders, Inc. in the amount of $37,727.36, up to thirty-five (35) days after recording of the Notice of Completion.

H. Professional Services Agreement with Bordin Semmer LLP (Administration)
The purpose of this report is to seek approval for a Professional Services Agreement with Bordin Semmer LLP to provide on-call and as-needed legal defense services to the City.

Recommendation: Authorize the Mayor to execute the Professional Services Agreement with Bordin Semmer LLP to represent the City in connection with future defense lawsuits.

City Council Special Agenda
March 23, 2026

12. ORDINANCE
A. Proposed Ordinance No. 2026-02 - Adding Chapter 9.28 to Title 9 of the Los Alamitos Municipal Code Relating to the Sale and Distribution of Kratom Products (Administration)
Consideration of a proposed ordinance to restrict the sale, distribution, and advertisement for sale of products containing any part of the leaf of the plant Mitragyna speciosa (more commonly known as the kratom plant), including a ban on products with a level of 7-hydroxymitragynine that is greater than 2 percent of the total alkaloids in the product. The purpose of the ordinance is to protect the public health and welfare against the sale and distribution of products which the U.S. Food and Drug Administration has identified as having opioid-like characteristics, and which pose a threat to the public health and safety.

Recommendation:

1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. 2026-02; and,

2. City Attorney Daudt to read the title of Ordinance No. 2026-02, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER 9.28 TO
TITLE 9 OF THE LOS ALAMITOS MUNICIPAL CODE RELATING
TO THE SALE AND DISTRIBUTION OF KRATOM PRODUCTS”.

13. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.

14. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the Los Alamitos City Hall, 3191 Katella Ave. and online at www.cityoflosalamitos.org not less than 72 hours prior to the meeting.

Windmera Quintanar, MMC, City Clerk
Dated: March 19, 2026

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 23, 2026 ITEM NUMBER: 3A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Chet Simmons, City Manager
Subject: Conference With Labor Negotiator

SUMMARY
City Negotiator: Chet Simmons, City Manager
Employee Organization: Teamsters Local 911
Authority: Government Code Section 54957.6

RECOMMENDATION

BACKGROUND

DISCUSSION

FISCAL IMPACT
Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 23, 2026 ITEM NUMBER: 3B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Chet Simmons, City Manager
Subject: Conference With Labor Negotiator

SUMMARY
City Negotiator: Chet Simmons, City Manager
Employee Organization: Police Officers Association
Employees Authority: Government Code Section 54957.6

RECOMMENDATION

BACKGROUND

DISCUSSION

FISCAL IMPACT
Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 23, 2026 ITEM NUMBER: 3C
To: Mayor Tanya Doby & Members of the City Council
Presented By: Chet Simmons, City Manager
Subject: Conference with Labor Negotiator

SUMMARY
City Negotiator: Chet Simmons, City Manager
Employee Organization: Executive Management, Non-Represented Authority: Government Code Section 54957.6

RECOMMENDATION

BACKGROUND

DISCUSSION

FISCAL IMPACT
Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 23, 2026 ITEM NUMBER: 3E
To: Mayor Tanya Doby & Members of the City Council
Presented By: Michael Daudt, City Attorney
Subject: Conference with Labor Negotiator

SUMMARY
City Negotiator: Michael S. Daudt, City Attorney
Employee: City Manager
Authority: Government Code Section 54957.6

RECOMMENDATION

BACKGROUND

DISCUSSION

FISCAL IMPACT
Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 23, 2026 ITEM NUMBER: 10A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Craig Koehler, Director of Finance
Subject: Warrants

SUMMARY
The attached Warrant Register contains checks and electronic funds transfers for the period from January 27, 2026, to February 28, 2026.

RECOMMENDATION
Ratify the Warrants from January 27th to February 28, 2026, for $2,882,020.76.

BACKGROUND
The expenditures noted within the Warrant Register conform to the budget approved by the Council.

DISCUSSION
The Director of Finance certifies the accuracy of the attached register and the availability of monies for payment thereof.

FISCAL IMPACT
The total of $2,882,020.76 represents checks and electronic fund transfers from January 27th to February 28th, 2026.

Attachment: 1. Council Report - 03.23.2026

Pages:

CITY OF LOS ALAMITOS
A/P Warrants
March 23, 2026
To Ratify
1-14 $ 1,377,559.12 Warrants 02/0l/2026-02/28/2026
15 $ 8,702.44 Medical Retirees 02/01/2026
16 $ 436,606.06 Earnings & Employer Taxes 01/30/2026
17 $ 46,513.86 Employer Benefits 01/30/2026
18 $ 440,465.90 Earnings & Employer Taxes 02/13/2026
19 $ 86,620.41 Employer Benefits 02/13/2026
20 $ 399,744.57 Earnings & Employer Taxes 02/27/2026
21 $ 85,808.40 Employer Benefits 02/27/2026
Grand Total $ 2,882,020.76
The attached Warrant Register containing checks and electronic funds transfers for the period from January 27, 2026, to February 28, 2026, is being presented for ratification by the City Council. The expenditures noted within this Warrant Register conform to the budget approved by the City Council. The Director of Finance certifies to the accuracy of the attached register and to the availability of monies for payment thereof.

Statement:

I hereby certify that the claims or demands covered by the forgoing listed warrants have been audited as to accuracy and availability of funds for payment thereof.

Certified by Craig Koehler, Finance Director/City Treasurer this2ndilay of March, 2026

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MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS

ADJOUNRED REGULAR MEETING
February 9, 2026

1. CALL TO ORDER
The City Council met in Adjourned Regular Session at 6:00 p.m., Monday, February 20, 2026, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Hasselbrink presiding.

2. ROLL CALL

Present: Council Members: Hibard, Loe, Nefulda
Mayor Pro Tem Doby, Mayor Hasselbrink

Absent: Council Members: None

Present: Staff: Chet Simmons, City Manager
Barbara Biscocho, Finance Manager
Michael Claborn, Chief of Police
Kyle Kain, Captain Orange County Fire Authority
Michael S. Daudt, City Attorney
Craig Koehler, Finance Director
Matthew Lightener, Management Analyst
Jason Bruton, Recreation Manager
Irving Montenegro, Jr, Development Services Manager
Windmera Quintanar, MMC, City Clerk/Director of Communications Chelsi Wilson, Administrative Services Manager

3. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Nefulda led the Pledge of Allegiance.

4. INVOCATION
Council Member Hasselbrink gave the Invocation.

5. PRESENTATIONS
A. Legislative Update Provided by Orange County Supervisor Janet Nguyen
Supervisor Nguyen provided a legislative update.

6. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.

City Council Adjourned Regular Minutes
February 9, 2026

Mayor Doby opened Oral Communications.

Resident Ed stated opposition to item 11B.

Mayor Doby closed Oral Communications.

7. UPDATES FROM THE MAYOR
At this time, the Mayor may report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken.

Mayor Doby stated she had no announcements at this time.

8. UPDATES FROM THE CITY STAFF
At this time, City Staff may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide direction to Staff to place an item on a future agenda.

City Manager Simmons stated item 10D should be corrected to Amendment 2, provided an update on the opening day of Sunburst Field, the Strategic Planning Workshop with Council, and the future study session, with March being the inaugural session to discuss Commission composition.

Manager Bruton elaborated on opening day at Sunburst field, spoke regarding upcoming Race on the Base and Weekend of Art, and encouraged residents to use the Los Al Link through the Circuit app.

9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from January 1, 2026, to January 26, 2026 Motion/Second: Nefulda/Hasselbrink
Unanimously Carried: The City Council ratified the Warrants from January 1, 2026, to January 26, 2026, for $1,979,173.61.

ROLL CALL
Mayor Doby Aye
Mayor Pro Tem Nefulda Aye
Council Member Hasselbrink Aye
Council Member Hibard Aye
Council Member Loe Aye

City Council Adjourned Regular Minutes
February 9, 2026

10. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.

Motion/Second: Hasselbrink/Nefulda
Unanimously Carried: The City Council approved the following Consent Calendar items:

A. Approval of Minutes (Administration)
Approved the City Council Regular minutes of January 20, 2026, and Special minutes of the January 29, 2026, meeting.

B. Resolution No. 2026-01 - Annual Update of the Records Management Program (Administration)
In October 2015, the City Council adopted the Citywide Records Management Program. As part of this program, a dedicated Records Management Day was established, along with annual updates to the records retention schedule. This item proposes revisions to the existing policy to strengthen and ensure the continued success of the Records Management Program.

The City Council adopted Resolution 2026-01, entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,

ADOPTING A RECORDS MANAGEMENT PROGRAM AND REPEALING
RESOLUTION NO. 2025-03 IN ITS ENTIRETY”.

C. Treasurer's Quarterly Investment Report — December 2025 (Finance) The item for City Council consideration is receiving the Treasurer’s Quarterly Investment Report.

The City Council : Receive and file the Treasurer’s Quarterly Investment Report – December 2025.

D. Amendment No. 2 with The Institute of Electrical and Electronics Engineers for a Warehouse Lease Agreement (Development Services) This item seeks to exercise a three (3) year extension option via an amendment to the Lease Agreement between the City of Los Alamitos and The Institute of Electrical and Electronics Engineers, for warehouse space at 10662 Los Vaqueros Circle.

City Manager Simmons noted this should be corrected to reflect Amendment No. 2.

The City Council:

1. Authorized the City Manager to exercise an optional three (3) year

City Council Adjourned Regular Minutes
February 9, 2026

extension term under the current Lease Agreement with The Institute of Electrical and Electronics Engineers for the use of warehouse space located at 10622 Los Vaqueros Circle; and,

2. Authorize the City Manager to execute Amendment No. 2, on a form approved by the City Attorney, to the Lease Agreement to extend the lease term with an amount not to exceed $525,515.52 over three years.

11. ORDINANCE
A. Ordinance No. 2026-01 – Adding Chapter 9.24 to Title 9 of the Los Alamitos Municipal Code Regulating the Sale of Nitrous Oxide (Administration)
Consideration of a proposed ordinance to ban the sale, distribution, and advertisement for sale of nitrous oxide, devices designed to dispense nitrous oxide, and any device which contains any amount of nitrous oxide, except for specified medicinal or industrial purposes. The purpose of the ordinance is to protect the public health and welfare against the sale and distribution of products which can cause serious and potentially lifethreatening health complications such as low blood pressure, low oxygen, fainting, heart attack, and nerve damage, as well as long term effects such as increased risk of depression, psychosis, memory loss, muscle spasms, tinnitus, numbness, weakened immune system, and birth defects (if used during pregnancy).

City Attorney Daudt summarized the Staff report. Council and Staff discussed that this would not affect the operation and sale of legitimate medical uses (i.e., dental offices).

Motion/Second: Hasselbrink/Nefulda
Unanimously Carried: The City Council:

1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. 2026-01; and,

2. City Attorney Daudt to read the title of Ordinance No. 2026-01 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER 9.24 TO
TITLE 9 OF THE LOS ALAMITOS MUNICIPAL CODE

REGULATING THE SALE AND DISTRIBUTION OF NITROUS
OXIDE”

City Council Adjourned Regular Minutes
February 9, 2026

B. Ordinance No. 2026-02 – Adding Chapter 9.28 to Title 9 of the Los Alamitos Municipal Code Relating to the Sale and Distribution of Kratom Products (Administration)
Consideration of a proposed ordinance to ban the sale, distribution, and advertisement for sale of any product containing any part of the leaf of the plant Mitragyna speciosa (more commonly known as the kratom plant). The purpose of the ordinance is to protect the public health and welfare against the sale and distribution of products which the U.S. Food and Drug Administration has identified as having opioid-like characteristics, and which pose a threat to the public health and safety.

City Attorney Daudt summarized the Staff report.

Council and Staff discussed the following:
• Age restrictions for the purchase of Kratom
• Proposed total ban due to the size of City and logistics surrounding enforcement efforts
• No known retailers or issue in Los Alamitos at this point in time • Concern regarding total ban as whole leaf products can be beneficial • Support for following County standards
• Ability to buy Kratom outside of the City
• Enforcement would be cost-prohibitive due to the required testing Motion/Second: Hasselbrink/Nefulda
Motion: Direct staff to revise Ordinance No. 2026-02, to allow natural whole-leaf Kratom for patrons age 18 and older, and to prohibit the 7-OH Kratom derivatives.

Council and Staff discussed that, similar to cannabis, differentiating between the various forms of Kratom would be difficult to enforce.

Amended Motion/Second: Hasselbrink/Doby
Unanimously Carried: The City Council: Directed staff to revise Ordinance No. 2026-02 to permit natural, whole-leaf Kratom for patrons age 18 and older, and to prohibit all Kratom derivatives.

12. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.

Council Member Hibard stated she had been walking her district and speaking with the residents.

City Council Adjourned Regular Minutes
February 9, 2026

Council Member Hasselbrink stated she had nothing to report.

Council Member Loe reported attendance at the Orange County Library Advisory Board meeting.

Mayor Pro Tem Nefulda reported attendance at the Orange County Sanitation District Board Meeting and the Commissioner Appreciation Dinner.

Mayor Doby spoke regarding attendance at the Association of California Cities – Orange County Board meeting, Orange County Council of Governments Board meeting, Cal-Cities Committee meeting, Commissioner Appreciation Dinner, Southern California Cities Association of Governments Board meeting, and filmed two Mayor’s Business Spotlights.

13. ADJOURNMENT
The City Council adjourned at 7:05 p.m.

Tanya Doby, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 23, 2026 ITEM NUMBER: 11B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Windmera Quintanar, City Clerk
Subject: Considerations Regarding SB 707: Brown Act Modernization

SUMMARY
Senate Bill 707 (SB 707), signed into law in October 2025 and effective July 1, 2026, represents a substantial modernization of the Ralph M. Brown Act. The legislation introduces new requirements aimed at enhancing public access, transparency, and accessibility to local government meetings. As a result, the City will be required to implement several operational and procedural changes to ensure full compliance with the updated law.

RECOMMENDATION

1. Direct staff to move forward with a two-way audiovisual platform and bring forward a Disruption Policy for adoption in compliance with SB 707; and,

2. Direct staff to place a community posting board at City Hall and bring forward a Community Posting Policy for adoption; and,

3. Direct Staff to collaborate with local community organizations to identify and implement strategies that encourage greater participation from underrepresented groups in City Council meetings.

BACKGROUND
SB 707 requires cities to provide opportunities for members of the public to participate in city council meetings remotely, translate agendas into other languages when threshold requirements are met, and assist members of the public with the translation of meeting materials. The bill also allows City Council and other legislative body members with a disability to participate remotely in meetings as a reasonable accommodation for their disability, without having to comply with traditional or alternative teleconferencing rules, revises the existing alternative teleconferencing rules for emergencies and just cause, and makes other notable changes to the Brown Act. This report highlights the most significant SB 707 amendments to the Brown Act and provides staff recommendations for implementation and compliance.

DISCUSSION
NEW RULES THAT APPLY TO CITIES, COUNTIES, AND LARGE SPECIAL DISTRICTS (i.e., “ELIGIBLE LEGISLATIVE BODIES”) ONLY. The following provisions of SB 707 apply to an “Eligible Legislative Body,” which is defined to include the city council of any city located within a county with more than 600,000 people. These provisions take effect beginning July 1, 2026.

Providing an Opportunity for Remote Public Access to and Participation in Meetings • Beginning July 1, 2026, the City will be required to provide an opportunity for members of the public to attend all City Council meetings and provide public comment via either two-way telephonic service or a two-way audiovisual platform, unless adequate telephonic or internet service is not operational at the meeting location.
• If the City elects to provide a two-way audiovisual platform, it must also publicly post and provide a call-in option and activate any automatic captioning function during the meeting if an automatic captioning function is included with the two-way audiovisual platform. • In the event that there is a disruption to internet or telephonic service that obstructs the twoway platform, the City Council must recess the open session for at least one hour and make a good faith attempt to restore the service. The City Council may not reconvene until after one hour or the telephonic/internet service is restored. Upon reconvening the open session, if telephonic or internet service has not been restored, the City Council must make a finding by roll call vote that good faith efforts were made to restore the telephonic/internet service and that the public interest in continuing the meeting outweighs the public interest in remote access.
• By July 1, 2026, the City Council must approve a policy regarding disruption of telephonic/internet service occurring during meetings, which must address the procedures for recessing and reconvening a meeting in the event of disruption and the efforts that the City shall make to attempt to restore the service. This policy may not be adopted on the consent calendar.

Cities throughout Orange County have continued to use two-way audiovisual meeting formats since the pandemic. To support SB 707 compliance, staff recommends purchasing a Zoom Webinar subscription for that specific purpose. The City currently uses Microsoft Teams for webinars, and staff further recommends continuing that practice for all other meeting needs.

Zoom offers the advantage of allowing the public to join without creating an account, whereas Microsoft Teams requires users to register before accessing a meeting. This additional step may be burdensome for some community members and could present a barrier to participation.

Recommendation: Direct staff to move forward with Zoom Webinars for SB 707 compliance and bring forward a Disruption Policy for adoption.

Translation Assistance at Meetings
• The City must “reasonably assist” any member of the public who wishes to translate a City Council meeting or wishes to receive interpretation provided by another member of the public.

Reasonable assistance may include (1) arranging space for interpreters at the meeting location, (2) allowing extra time during the meeting for interpretation, or (3) ensuring participants may use personal equipment or reasonably access commercially available interpretation services.
• The City is not required to provide its own interpretation of meetings, but may elect to. • The City must publicize instructions on how to request translation assistance. • The attached worksheet reflects the SB 707 provisions related to local public agency agenda translation requirements. Based on this data, the City currently has no statutory obligation to translate City Council meeting agendas; however, the City is required to make space available for the posting of community member translations of agenda materials.

Recommendation: Direct Staff to place a community posting board at City Hall and bring forth a Community Posting policy for adoption.

Additional Required Actions to Encourage Residents from Underrepresented and Non-English Speaking Communities to Participate in Meetings
• The City must have in place a system for electronically accepting and fulfilling requests for meeting agendas and documents through email or through an integrated agenda management platform and must provide information about how to make a request using this system accessible through a prominent direct link posted on the City’s primary internet website home page.
• The City must create and maintain an accessible internet webpage dedicated to public meetings that includes, or provides a link to, all of the following information: (1) a general explanation of the public meeting process for the City Council; (2) an explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment; (3) a calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting; and (4) the agenda posted online. This web page must be translated into all languages spoken jointly by 20% or more of the City’s population, provided that 20% or more of the population speaks English “less than ‘very well,’” and each translation must be accessible through a prominent direct link posted on the primary internet website home page of the City.
• The City must make reasonable efforts, as determined by the City Council, to invite groups that do not traditionally participate in public meetings to attend those meetings. Such groups may include, but are not limited to, all the following: (1) media organizations that provide news coverage in the City, including media organizations that serve non-English-speaking communities; and (2) good government, civil rights, civic engagement, neighborhood, and community group organizations, or similar organizations that are active in the jurisdiction of the eligible legislative body, including organizations active in non-English-speaking communities.

Recommendation: Staff will collaborate with local community organizations to identify and implement strategies that encourage greater participation from underrepresented groups in City Council meetings.

FISCAL IMPACT
The annual cost for a Zoom Webinar license is $160. Staff recommends the purchase of at least two licenses to ensure adequate capacity and operational flexibility. Installation of a Community Posting Board is anticipated to involve minimal cost. Expenses associated with outreach to underrepresented communities will vary based on the scope and methods utilized; however, staff anticipates these costs can be absorbed within the adopted budget.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 23, 2026 ITEM NUMBER: 11C
To: Mayor Tanya Doby & Members of the City Council
Presented By: Craig Koehler, Director of Finance
Subject: Mid-Year General Fund Budget Review and Financial Update for Fiscal Year 2025-26

SUMMARY
This report provides the City Council with a review of the Mid-Year General Fund budget for the Fiscal Year 2025-26 and a projection for the fiscal year ending June 30, 2026.

RECOMMENDATION
Receive and file the Mid-Year General Fund budget for the Fiscal Year 2025-26, projection for the fiscal year ending June 30, 2026, and approve the additional appropriations of $650,000 to the Self-Insurance (Fund 54).

BACKGROUND
On May 19, 2025, the City Council approved and adopted a balanced budget for Fiscal Year 2025-26, totaling $29,112,751 in operating revenues and $ 28,610,726 in operating expenditures. Staff presented the Mid-Year report to the Budget Standing Committee at a Special Meeting held on March 2, 2026.

DISCUSSION
It is important to note that this mid-year report represents a snapshot in time and reflects recorded information through December 31, 2025, or six months of the fiscal year, as well as a projection for Fiscal Year 2025-26. It will provide the City Council with a mid-year update on the City’s General Fund financial status and a projection for Fiscal Year 2025-26.

Economic Update
Several factors remain in play that may have a potential impact on the City’s financial position at fiscal year-end. Tariffs are still on the table. They were recently ruled illegal and overturned by the Supreme Court, only to be followed by the President’s new action denouncing the ruling and replacing them with a new 10% global tariff under a different authority – Section 122 of the Trade Act of 1974. Section 122 allows for tariffs of up to 15% for 150 days. The new temporary tariffs are to be replaced with longer-lasting tariff authority under Section 301 of the Trade Act.

Another factor is inflation. Although inflation has been high during the first half of the fiscal year, the most recent reading has offered some encouraging signs, with the CPI falling to its lowest level in months at 2.4% (January), down from a high of 2.9%.

However, more recent events of further global instability have surfaced with the United States' involvement in the conflict with Iran. The price of oil has surged, and the stock market initially reacted with losses across all stock market indices. A prolonged military conflict, combined with the U.S. “war on trade,” could reignite economic instability and further weaken global stability.

The extent of the impact largely depends on how much the conflict raises oil and other energy prices. In addition, maintaining unrestricted travel through the Strait of Hormuz is critical because the passage controls the flow of a large share of global energy supplies. Prolonged conflict risks both higher U.S. inflation and slower growth, keeping the Federal Reserve in a holding position and making it more reluctant to cut rates than before these events unfolded.

General Fund Revenues
The financial summary below depicts the Adopted Budget for Fiscal Year 2025-26, actual General Fund revenues through December 31, 2025, and a projection to June 30, 2026.

Revenue projections reflect increases and some decreases from the adopted budget. Overall, total revenue and transfers are projected to be approximately $142,000 less than the adopted budget. This is primarily due to lower revenue trends in Licenses & Permits, Fines & Forfeitures, Other Agencies, and Charges for Current Services, and offset by higher revenue projected in Other Taxes and Investment Earnings, as depicted below:

Property Taxes, Sales and Use Taxes, and Measure Y Local Sales Taxes are Los Alamitos's three largest revenue sources and comprise over 70% of all revenue generated and collected by the City.

Property Taxes
Property taxes remain one of the City's largest revenue sources, and the majority are received in December and April, following the payment due dates. For secured property taxes, the first installment is due November 1 and is delinquent after December 10; the second is due February 1 and delinquent after April 10. A report received from HdL at the end of 2025 indicated a preliminary net value change in property values down by 0.24% over the 2024-25 tax roll, indicating that property taxes are beginning a slowing trend. Residential properties comprise 60.4% of all values in the City and grew by $94.9 million, or 5.3%. Industrial properties added another $13.6 million, roughly 2.5%. There was a reduction in Unsecured properties and values of -$17.7 million, resulting in a net change of -$7.5 million, or -0.2%. The Unsecured category decrease was largely driven by dropped assessments. Residential prices have continued to respond to lower inventory amidst higher interest rates. The median sale price of a detached single-family residential home in Los Alamitos from December 2024 through August 2025 was $1.39 million. This represents a 7.6% increase in the median sale price over the prior year.

Sales & Use Taxes
A report from Hdl, dated January 27, 2026, reported data for the quarter ending September 2025, 3Q25. Sales were up 10.8% net of aberrations compared to the county, and up 2.2% compared to the same period in 2024. The projection for FY2025-26 is $3.7 million, 0.03% higher than the Adopted Budget.

Measure Y (Local Sales Tax)
Following the passage of Measure Y, Los Alamitos is now benefiting from an additional 1.5% sales tax. This has now become the largest source of revenue, accounting for approximately 21% of total revenue collected by the City. Fiscal Year 2025–26 projections are $6.3 million, representing a 0.1% increase from the Adopted Budget.

The Other Taxes category includes Sales Tax, Measure Y Local Sales Tax, TOT, and Business Licenses. Business licenses are trending lower than the adopted budget and are down $145,000 from the same time last year, which might be an indicator of caution or a slowdown in activity. The balance of the fiscal year will provide a clearer picture. Overall, the Other Taxes revenue category is projected to be $95,000 higher than the Adopted Budget, primarily due to a stronger trend in TOT.

Utility Users Tax
Utility Users Tax (UUT) is a usage tax imposed on utilities, including electricity, natural gas, telephone, and water. The rates for Los Alamitos are currently 6%, except for telecommunications, which is 5%. The projections for Fiscal Year 2025-26 are trending at budget.

Fines & Forfeitures
Fines & Forfeitures, including red-light camera violations, parking fines, and other moving violations, are trending slightly below budget with lower projected parking fines.

Use of Money & Property (Investment Earnings)
The City’s investment portfolio and investment earnings are dependent on market and interest rate changes. General Fund revenues for Fiscal Year 2025-26 are projected to exceed the

Adopted Budget, due to an accounting change that captures market value fluctuations in the custody account.

General Fund Expenditures
The financial summary below reflects the Adopted Budget General Fund Expenditures for Fiscal Year 2025-26, actual expenditures through December 31, 2025, and a projection to June 30, 2026.

For the most part, department expenditures are trending in line with the Adopted Budget. The most significant variance is in Recreation. In addition, additional appropriations for the General Fund and transfers to other funds are needed, as detailed below.

City Council
Council department expenditures are projected to align with the Adopted Budget.

Administration (City Manager, City Clerk, Human Resources) Expenditures for Administration are projected to be at the adopted budget.

Finance
Finance expenditures are trending mid-year and are expected to remain within the adopted budget.

City Attorney
Expenditures for the City Attorney are projected to be at the budget.

Police
The Police budget is trending with the adopted budget. An appropriation of $75,813 is required for year one of a five-year contract to purchase Body Worn Cameras, which was approved by

Council on November 17, 2025.

Development Services
Expenditures for Development Services are projected to be within the adopted budget.

Recreation
Recreation is trending with the Adopted Budget. However, an appropriation of $218,230 is needed for an EV Transportation matching grant that was awarded and approved by the City Council on June 9, 2025. Recreation is projected to realize potential savings overall from a vacancy in not filling the Deputy Director position and from lower Sunburst Field staffing and supply costs resulting from the delayed opening.

Non-Departmental
Non-departmental costs are not included in departmental expenses. They consist of contractual services, pre-employment expenses, credit card fees, health insurance costs for retirees, and capital expenditures funded by the General Fund. Appropriations totaling $52,000 are needed to fund the Soroptimist Park renovation, approved by the City Council on July 21, 2025.

FISCAL IMPACT
The previous Council approved appropriations of $997,670 (Recreation, Police, Nondepartmental, and Gas Tax), summarized below:

Previously approved
• Recreation $218,230 – EV Transportation matching (CC 6/9/25) • Non-departmental $52,000 – Soroptimist Park renovation (CC 7/21/25) • Police $75,813 – Body Worn Cameras (CC11/17/25)
• Gas Tax (Fund 20) $651,627 – Oak Street prior year not carried forward (CC 1/20/26) Additional Appropriations
• Self-Insurance (Fund 54) $650,000 – higher prior year premium costs $386K (Property $298K, GL $88K), settlements paid $264K (Liability $206K, WC $58K) Appropriations (previously approved and additional) total $1,647,670, as outlined below:

Attachment: 1. Fiscal Year 2025-26 - Mid-Year Budget Report

CITY OF
LOS

ALAMITOS
City Council
Meeting
March 23, 2026

Mid-Year Report
Agenda Report overview
Economic update
Projected
revenues/
expenditures
Appropriations
Council direction/
comments
2

MidYear
Budget
Overview
Budget adoption May 19, 2025: $500k
surplus.

Mid-Year report provides a snapshot in
time.

Reflects expenditures through 12/31/25.

This report also projects revenues and
expenditures and a look ahead to FY
ending June 30, 2026.
3

Economic
Update
• Several factors may have a potential impact on
the City’s financial position at FYE. • Tariffs? • Ruled illegal by the high court, back again, Sec. 122 Trade Act of ’74 allows up to 15%
for 150 days; to be followed by subsequent
action under Sec. 301 for longer-lasting
authority.

Economic
Update
(cont.)
• Another factor is inflation
• Showing encouraging signs, at 2.4%
(January), down from a high of 2.9%.
• More recent events of further global
instability: U.S. involvement in conflict with
Iran:
• Price of oil up, other energy prices
may be affected;
• Stock market initial reaction with
losses across all indices;
• The extent of impact largely
depends on how much oil prices
rise in connection with the
conflict.
• Additional moves by the Federal Reserve
to curb inflation may be on hold.
5

Projected Revenue
Summary
6

Projected Revenue
by Category Property Taxes
Other Taxes
UUT
Franchise Fees
Lic & Permits
Fines & Forfeit
Investment Earn
Other Agencies
Charges for Cur
Svcs
Grant Offset Misc-Gen
Transfers In
Revenues
• Property Taxes &
Other Taxes ~ 2/3
• Other Taxes = Sales
Tax, Measure Y,
Business Lic
7

Revenue
Projection
• Main takeaway – revenues are tracking with the
Adopted Budget.
• Categories reflect some increases and
decreases.
• Overall revenues projected to be $142K below
the Adopted Budget.

Projected Expenditure
Summary
9

Projected
Expenditures by
Department
Council
Admin
Finance
City Attny
Police
Dev Svcs
Recreation
Non-Dept
Transfers Out
Expenditures
• Police largest budget ~
~33%
• Dev Svs. ~ 26%, Rec ~
14%
• Combined 3 depts. ~ 2/3
of the budget
10

Projected Expenditures
Main takeaway –
expenditures expected to
track with the Adopted
Budget.

Appropriations already
approved by the City Council
Recreation – 218,230 EV Trans
matching (CC 6/9)
Non-Departmental - $52,000
Soroptimist Park renovation (CC7/21)
Police - $75,813 BWC (CC 11/17)
Potential savings in
Recreation:

Position vacancy of the Deputy
Director,
Delayed opening of Sunburst Field
resulting in lower staffing and supply
costs.
11

Council
Approved
Appropriations
Funding for targeted programs or
projects.

As part of the City budget process,
these funds are formally added to
the overall budget at the mid-year
point
Expenditures consist of Council
actions following approval and
budget adoption.
12

Council Approved
Appropriations
General Fund:

Recreation - $218K EV
transportation matching
(CC 6/9/25)
Non-dept - $52K
Soroptimist Park
Renovation (CC 7/21/25)
Police - $76K BWC
(CC 11/17/25)
Other Funds:

Gas Tax (Fund 20) Oak
Street prior year not
carried forward (CC
1/20/26)
Total approved
appropriations $997,670
.
13

Appropriations not
previously approved -
require Council approval
Other Funds:

Self Insurance (Fund 54)
$650K - higher PY prem
costs $386K (Property
$298K, GL $88K),
settlement claims paid
$264K (GL $206K, WC
$58K)
Total all appropriations
$1,647,670
14

Appropriation
Summary
15

Direction /
Comments
Receive and file the Mid-year
General Fund Budget for FY
2025-26 and projections for
FY ending June 30, 2026.

Approve the aditional
approriations of $650K
16

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 23, 2026 ITEM NUMBER: 11D
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Assistant City Manager/Development Services Director Britney Ramirez, Management Analyst
Subject: Approve the Auction of City Vehicles and Equipment

SUMMARY
This item recommends authorizing the auction of surplus vehicles and equipment that are no longer operable or cost-effective to repair.

RECOMMENDATION
Authorize the listed vehicles and equipment to be declared surplus and approve their auction and disposal in accordance with Resolution No. 2025-26, Fleet Vehicle & Equipment Replacement Policy.

BACKGROUND
In accordance with Resolution No. 2025-26, Fleet Vehicle & Equipment Replacement Policy, adopted by the City Council on August 18, 2025, the City has reviewed its fleet and equipment inventory, and determined that certain assets have reached the end of their useful life. The Policy provides the systematic management and disposal of vehicles and equipment to support fiscal responsibility, operational efficiency, and reliable service delivery. The identified assets are obsolete and no longer meet the City’s operational requirements.

DISCUSSION
The vehicles and equipment listed in the Table below have exceeded their useful life and are no longer operationally viable. Enterprise FM Trust, the City’s leased vehicle fleet management provider, will oversee the auction of the vehicles. City staff will evaluate and determine the most appropriate auction method for the equipment and furniture.

Proposed Vehicle and Equipment Surplus
Item
No.

Item Description Previous
Vehicle/Equipment Use
1 Bobcat Public Works
2 2017 Dodge Charger Police
3 2015 Jeep Cherokee Police

4 1995 Ford E150 Administration
5 Printers (2) Administration
6 Mowers (2) Public Works

FISCAL IMPACT
Revenue generated from the auction of vehicles and equipment will be deposited into the City's Sale of Property Account (Account No. 50-4830). Actual proceeds will depend on auction results, and any funds received will be available to support fleet and equipment acquisitions.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 23, 2026 ITEM NUMBER: 11E
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Assistant City Manager/Development Services Director Chris Kelley, City Engineer
Subject: Approval of Plans and Specifications — Authorization to Bid for 100KW Emergency Generator Project (CIP 24/25-13)

SUMMARY
This item facilitates soliciting bids for purchase and installation of a new portable 100KW emergency generator (CIP 24/25-13).

RECOMMENDATION

1. Approve the plans and specifications bid for the S100KW Emergency Generator Project (CIP 24/25-13); and,

2. Authorize City Staff to advertise and solicit bid proposals for the Project (CIP 24/25-13).

BACKGROUND
The Police Department and the City Hall IT Services room are essential facilities that must remain fully operational during any city emergency. The existing emergency generator, now more than 60 years old, has exceeded its useful life, and replacement parts are no longer available. As a result, it can no longer be relied upon to provide backup power during an outage or emergency.

In 2024, the City’s contracted vendor, Willdan Engineering, was asked to prepare an engineering study outlining options for replacing the outdated system. City staff reviewed several alternatives, including an in-kind replacement of the existing generator, a modest increase in capacity, and the portable 100KW generator option. After evaluating cost, reliability, and operational flexibility, staff determined that the portable 100KW generator is the most cost-effective and suitable replacement. at the time.

Staff has since completed the plans, specifications, and estimates (PS&E) for the purchase and installation of a new portable 100KW emergency generator. This unit will replace the aging generator and improve the reliability of the power infrastructure serving these critical facilities.

Staff recommends that the City Council approve the PS&E and authorize staff to proceed with the bid solicitation process.

DISCUSSION
The Project plans and specifications for the purchase and installation of the 100K emergency

generator system are ready for the bid process. The estimated costs are as follows:

Design, Plans, and Specifications $63,525
Equipment and Installation $300,000
Construction and Inspection Management $30,000
Contingency (10%) $39,352
Total $432,877
The approved budget of $650,000 originally included funding for two projects: an emergency generator for the Police Department and the IT Service Room, and a generator for Community Centers 1 and 2. The Community Center is designated as an emergency shelter, and Community Center 2 will serve as the future Emergency Operations Center (EOC).

This report outlines the plans, specifications, and estimates (PS&E) for the generator serving the Police Department and IT Service Room, with an estimated project cost of $432,877. The generator anticipated for the Community Center would be significantly larger—potentially up to a 250KW portable generator. Due to design requirements, 2025 tariffs, and the ongoing uncertainty surrounding future tariffs, project costs have increased substantially. As a result, additional funding will likely be required if the City decides to proceed with installing an emergency generator at the Community Center. The PS&E for the Community Center generator project will be brought to the City Council for consideration at a later meeting.

FISCAL IMPACT
Funding for this Project, along with a larger emergency generator project for the Community Center, was originally appropriated at $650,000 in Facilities Fund 52, which is supported by the General Fund. At this time, the available project funding is sufficient to cover the costs associated with this Project - 100KW Generator for the Police Department and IT Services Room.

Attachment: 1. 100KW Emergency Generator Project (CIP 24/25-13) Bid Package

CITY OF LOS ALAMITOS

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
100KW EMERGENCY GENERATOR PROJECT
CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
MARCH 2026
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 Finance Manager.

3. Bids must be received by 11:00 a.m. on April 09, 2026

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CITY OF LOS ALAMITOS

SPECIFICATIONS FOR
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

GENERAL REQUIREMENTS AND TECHNICAL PROVISIONS
PREPARED BY:

Willdan Engineering
2401 East Katella Avenue, Suite 300
Anaheim, CA 92806
(714) 978-8200
George Saba, P.E. Date
Project Manager

FOR THE CITY OF LOS ALAMITOS

ENGINEERING DIVISION

DEVELOPMENT SERVICES DEPARTMENT
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100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

TABLE OF CONTENTS

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 – ELECTRICAL WORK AND SYSTEMS....................................................... G

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SPC25-11 A-1

SECTION A
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

NOTICE INVITING ELECTRONIC BIDS

SPC25-11 A-2
This page is intentionally left blank.

SPC25-11 A-3

NOTICE INVITING ELECTRONIC BIDS
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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 April 9, 2026
• The City of Los Alamitos proposes to install a 100kW Generator that serves the Police Department and IT building at 3191 Katella Avenue, Los Alamitos, CA 90720.

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- 4600.

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 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)
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations.

SPC25-11 A-4
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 FINANCE DEPARTMENT, ATTN: FINANCE MANAGER, 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.

Questions or Requests for Information (RFIs) or interpretations are due March 30, 2026, 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.

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

SPC25-11 B-1

SECTION B
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

INSTRUCTIONS TO BIDDERS

SPC25-11 B-2

INSTRUCTIONS TO BIDDERS
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
B1.01 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 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 commence the Project after the date of the Notice to Proceed with Procurement. Subsequent to the receipt of the equipment, Contractor shall diligently proceed said work to completion before the expiration 15 WORKING DAYS. 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.

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 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 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.

SPC25-11 B-3
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 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 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 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.

SPC25-11 B-4
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.

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 Class A (General Engineering) or C-10 (Electrical) 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.

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

SPC25-11 B-5
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 ELECTRONIC 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.

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 ELECTRONIC 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, and while doing so, may also submit a formal proposal as a Prime Contractor.

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 90 calendar days. After 90 calendar days, the low bidder may at any time request release from its bid without penalty.

SPC25-11 B-6
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 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
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 within the Agency’s budget limits and constraints .

SPC25-11 C-1

SECTION C
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

PROPOSAL INFORMATION AND DOCUMENTS

PROPOSAL INFORMATION AND DOCUMENTS

BID PROPOSAL

BID SCHEDULE

BID BOND

BID GUARANTEE

BIDDER INFORMATION

EXPERIENCE STATEMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

NON-COLLUSION AFFIDAVIT

SPC25-11 C-2

BID PROPOSAL
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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.

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.)

SPC25-11 C-3

BID SCHEDULE
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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:____________________________________________________________________

SPC25-11 C-4
BID SCHEDULE (Continued)
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

BID SCHEDULE A
No. Item Description Estimated
Quantity
Unit Unit
Price
Item Amount

1. Mobilization 1 LS $ $

2. Remove and Dispose Exiting Generator 1 LS $ $

3. Construct Generator Concrete Pad and
CMU Wall Enclosure 1 LS $ $

4. Furnish and Install 100k/W Electrical
Power Generator Per Plans 1 LS
$ $

5. SCAQMD Permit and Other Required
Regulatory Agencies 1 LS
$ $
Total $
Bid Schedule A Total $
Bid Schedule A 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)

SPC25-11 C-5

BID BOND
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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 ., 2026.

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 , 2026.

NOTARY PUBLIC _______________________________________________ (SEAL)

SPC25-11 C-6

BID GUARANTEE
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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)

SPC25-11 C-7

BIDDER INFORMATION
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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: DIR Contractor Number
_________________________________________________
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

SPC25-11 C-8
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:___________________

SPC25-11 C-9
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 _______________________________, 2026, at _____________________________________, California.

Authorized Representative Signature and Title________________________________________

SPC25-11 C-10

EXPERIENCE STATEMENT
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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

SPC25-11 C-11
EXPERIENCE STATEMENT (Continued)
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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

SPC25-11 C-12

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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)

SPC25-11 C-13
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: _____________________________

SPC25-11 C-14
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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

SPC25-11 D-1

SECTION D
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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

SPC25-11 D-2

ARTICLES OF AGREEMENT
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
THIS 100KW EMERGENCY GENERATOR PROJECT, SPECIFICATION NO. CIP 24/25- 13 AGREEMENT (“AGREEMENT”) is made and entered into for the above-stated project this __ day of_________, _____ (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 100KW EMERGENCY GENERATOR PROJECT, SPECIFICATION NO. CIP 24/25-13 shall consist of the Notice Inviting Electronic Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

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

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

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

SPC25-11 D-3
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:

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

SPC25-11 D-4
each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation of the provisions of the Labor Code whether such worker is employed in the execution of the work by CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay each worker the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

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

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

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

CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8-hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or sexual orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by CONTRACTOR’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay.

CONTRACTOR shall forfeit as a penalty to AGENCY $25.00 or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by CONTRACTOR or by any Subcontractor of CONTRACTOR, for each Calendar Day during which such worker is required or permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the Labor Code.

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

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

ARTICLE V: Work Site Conditions

SPC25-11 D-5
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and specifications made a part of the invitation for bids.

The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.

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

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

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

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

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

SPC25-11 D-6
CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

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

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

CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

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

If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR contained in, resulting from or assumed under this AGREEMENT, and the failure to give any

SPC25-11 D-7
such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder.

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

ARTICLE IX: Dispute Resolution
A. In the event of a dispute arising out of the terms of this AGREEMENT, including any action brought to declare the rights granted herein or to enforce any of the terms of this AGREEMENT, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses. Any court action arising out of this AGREEMENT shall be filed in the Orange County Superior Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the City of Los Angeles or the City of Los Alamitos, California.

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

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

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

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

SPC25-11 D-8
ARTICLE XI: Taxes
CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this AGREEMENT. The CONTRACTOR is responsible for ascertaining and arranging to pay such taxes and duties. The prices established in this AGREEMENT shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect as of the execution of this AGREEMENT.

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

AGENCY: Ron Noda, Assistant City Manager CONTRACTOR: [INSERT CONTACT]
CITY OF LOS ALAMITOS CONTRACTOR’S BUSINESS NAME
3191 Katella Avenue Mailing Street Address
Los Alamitos, CA 90720 City, State Zip Code
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

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

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

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

SPC25-11 D-9
AGENCY. CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR.

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

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

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

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

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

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this __ day of XXXX, 2026 (Council Action Date Here)
CONTRACTOR: Contractor’s Business Name
__________________________________________
Contractor’s Sign Name, Title
Contractor’s License No. XXXXXX
Subscribed and sworn to this _______ day of _________, 20__.

NOTARY PUBLIC ______________________________________________ (SEAL) AGENCY: ______________________________ __________
Mayor Date

SPC25-11 D-10
City of Los Alamitos
ATTESTED: ______________________________ __________
Windmera Quintanar, MMC, City Clerk Date
City of Los Alamitos

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

SPC25-11 D-11

PAYMENT BOND
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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

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

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

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of ________________, 20__.

Contractor* Contractor’s Signer’s Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
Surety* _________________________________________________ _________________________________________________
_________________________________________________
________________________________________________

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

Subscribed and sworn to this___ day of _____________________, 20__.

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

FAITHFUL PERFORMANCE BOND
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for the project entitled: 100KW EMERGENCY GENERATOR PROJECT, SPECIFICATION NO. CIP 24/25-13 CONTRACT which Contract is by this reference incorporated herein, and is required by AGENCY to give this Bond in connection with the execution of the Contract;
NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20__
Contractor* Name, Title of Signer

SPC25-11 D-13
SURETY*………………………………………….

Contractor’s Business Name
……………………………………………
Mailing Street Address
……………………………………………
City, State, Zip Code
……………………………………………
Telephone #
……………………………………………
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of ______________ , 20__ NOTARY PUBLIC..................................................................................................(SEAL) (E X E C U T E I N D U P L I C A T E)

SPC25-11 D-14

MAINTENANCE BOND
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of DESCRIBE VERBALLY; 50% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX), which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of
......................................, 20__.

Contractor* Contractor’s Signer’s Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
SURETY* ______________________________________________
______________________________________________
______________________________________________
______________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Powers of Attorney must be attached.

Subscribed and sworn to this ........... day of..............................., 20__.

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

SPC25-11 D-15
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

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

DATE: Contractor’s Business Name .
(Contractor)
By:
(Signature)

(Title)
Attest:

By:
(Signature)

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

SPC25-11 D-16

ENDORSEMENTS TO INSURANCE POLICY

Name of Insurance Company:

Policy Number:

Effective Date:

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

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

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

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

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

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

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

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

Authorized Insurance Agent
Date:

SPC25-11 D-17

STATEMENT REGARDING INSURANCE COVERAGE
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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: .......................................................................................................

SPC25-11 D-18
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

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

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

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

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

SPC25-11 D-19
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: _____________________________________________

SPC25-11 E-1

SECTION E
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

STANDARD SPECIFICATION

SPC25-11 E-2

STANDARD SPECIFICATIONS
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
0-1 STANDARD SPECIFICATIONS
Except as hereinafter amended, the provisions of the 2021 Edition of the “Green Book,” Standard Specifications for Public Works Construction (“SSPWC”), with the latest Supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and these modifications thereto are adopted as the “Standard Specifications” for the Agency. These Standard Specifications will be numbered as Sections 0 through 800 per the SSPWC.
0-2 NUMBERING OF SECTIONS
The numbering of sections and subsections in these amendments and modifications are compatible with the numbering of sections in the SSPWC.
0-3 AMENDMENTS AND MODIFICATIONS
The following sections of the SSPWC are amended as provided herein. In the event of any inconsistencies between the amendments outlined herein and the SSPWC, these amendments shall control. 1-2 TERMS AND DEFINITIONS
Add the following:

Agent—Shall include persons and companies, other than the Contractor, retained by the City to perform design and construction services in relation to the Work.

Acceptance—The Agency’s formal written acceptance of a project that has been completed in all respects in accordance with the plans and specifications and any modifications thereof.

City—The City of Los Alamitos, California, as the Agency and Owner.

City Council—City Council of the City of Los Alamitos, California.

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

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

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

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

Geotechnical Engineer—Person licensed to practice Soils Engineering or Geotechnical Engineering pursuant to the laws of the State of California and retained by the Agency during construction.

SPC25-11 E-3
Prompt—The briefest interval of time required for a considered reply, including time required for approval by a governing body.

Standard Plans—“Standard Plans for Public Works Construction” - Latest edition of the Southern California Chapter of the American Public Works Association.

State Standard Specifications (“SSS”)—Standard Specifications prepared by the State of California, Business and Transportation Agency, Department of Transportation.

State Standard Plans (“SSP”)—Standard Plans prepared by State of California, Business and Transportation Agency, Department of Transportation.

Working Days—Any days, except: (1) Saturdays, Sundays, legal holidays on which Los Alamitos City Hall is closed for business; (2) days when work is suspended by the Engineer for reasons unrelated to the performance of the contractor, and provided in Subsections 6-3 and 6-3.1; and (3) days determined to be non-working in accordance with Section 6-3 “Time of Completion”. 1-3.3 INSTITUTIONS
Add the following:

AGCA Associated General Contractors of America
ASME American Society of Mechanical Engineers
CRSI Concrete Reinforcing Steel Institute
CSI Construction Specifications Institute
NFPA National Fire Protection Association
SSS State of California Standard Specifications, latest edition, Department of Transportation SSP State of California Standard Plans, latest edition, Department of Transportation.

SSPWC Standard Specifications for Public Works Construction, as specified in Subsection 0-1 1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 SUBCONTRACTOR LISTING
Replace the third paragraph with the following:

Subcontracting of more than one-half of one percent of the work for which no Subcontractor was designated in the original Bid will be allowed only in cases of public emergency or necessity and only after the Engineer makes a written finding of circumstances constituting public emergency or necessity.

Delete the fourth paragraph and replace with the following:

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.

SPC25-11 E-4
Delete the fifth paragraph and replace with the following:

A violation of any of the above provisions will be considered a violation of the Contract, and the City may cancel the Contract and collect appropriate damages or assess the Contractor a penalty of not more than ten (10) percent of the subcontract involved.

Add the following:

If subcontracted work is not being performed in a satisfactory manner, the City will notify the Contractor of the need to take corrective action and the Engineer may report the facts to the City Council. Upon order by City Council and the Contractor’s receipt of written instructions from the Engineer, the Subcontractor shall immediately be removed from the Work and may not again be employed on the Work. 1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 GENERAL
Add the following:

The City reserves the right to reject any or all proposals.

The Contract will be awarded, if at all, to the lowest responsible and responsive Bidder determined as provided on the Proposal Form, whose proposal complies with all the requirements prescribed. Such award, if made, will be made within the number of days stated in the proposal form. Refusal or failure to deliver the executed contract, bonds, or insurance in the form provided in the Contract and approved by the Agency’s attorney within the time provided herein shall be cause, at the Agency’s option, for the annulment of the award and forfeiture of the bid security. In such event, the Agency may successively award the Contract to the next lowest responsible and responsive Bidder until a properly executed Contract, bonds, and insurance is obtained, or it may at any time reject all remaining bids and proceed as provided by law.

The refusal or failure of a successive lowest responsible and responsive Bidder to execute the Contract may, at the Agency’s option, result in an annulment of the award to that Bidder and the forfeiture of that Bidder’s bid security. The periods of time specified above within which the award of the Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Agency and the concerned Bidder.

The Agency reserves the right to waive any irregularities.

Within ten (10) calendar days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the Agency:

Contract Agreement (in duplicate)
Faithful Performance Bond (in duplicate)
Maintenance Bond (in duplicate)
Payment Bond (in duplicate)
Public Liability and Property Damage Insurance Certificate (two original) Additionally Insured Endorsement
Workers’ Compensation Insurance Certificate (two original) A corporation to which an award is made may be required, before the Contract agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.

SPC25-11 E-5
1-7.2 CONTRACT BONDS
Add the following:

The PAYMENT BOND shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The FAITHFUL PERFORMANCE BOND shall remain in force until the date of recordation of the Notice of Completion. The MAINTENANCE BOND shall remain in force until one (1) year after the date of recordation of the Notice of Completion.

All bonds must be accompanied by a Power of Attorney
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
Add the following:

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

The work includes, but is not necessarily limited to, the following items as shown on the plans and specified in these Special Provisions:

The City of Los Alamitos proposes to install a 100kW generator serving the Police Department building located at 3191 Katella Avenue, Los Alamitos, CA 90720.

Existing private facilities will be protected in place within the limits of the project unless otherwise shown. 2-2 PERMITS
Replace first paragraph with the following:

Prior to the start of any work, the Contractor shall apply for and receive any applicable City, County, State, and Federal permits.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 GENERAL
Add the following:

All final locations determined in the field, and any deviations from the Plans and Specification, shall be marked in red on the documents to show the as-built conditions. Contractor shall maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for the purpose of providing a basis for construction record drawings. No changes shall be made without prior written approval of the Engineer. Upon completion of the Project, Contractor shall deliver this record of all construction changes to the Engineer along with a letter which declares that other than these noted

SPC25-11 E-6
changes “the Project was constructed in conformance with the Contract Documents”. Final payment will not be made until this requirement is met.

As the figured dimensions shown on the drawings and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and drawings to a large scale shall be followed in preference to the drawings to a small scale.

Should it appear that the work to be performed, or any related matter, are not sufficiently detailed or explained in the Contract documents, the Contractor shall apply to the Engineer for such further explanations as necessary, and shall conform to such further explanations provided by the Engineer as part of the Contract to the extent that it is consistent with the terms of the Contract.

Caution: The engineer preparing these plans will not be responsible or liable for unauthorized changes to or uses of these plans. All changes to the plans must be approved in writing by the Engineer.

SECTION 3 – CONTROL OF THE WORK
3-3 SUBCONTRACTORS
Replace the first paragraph with the following:

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

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. 3-12 WORK SITE MAINTENANCE
3-12.1 General
Add the following Subsection:
3-12.1.1 WORK AREA APPEARANCE
The Contractor shall maintain a neat appearance to the Work.

All unsuitable construction materials and rubbish and debris shall be regularly removed from the job site, be transported to a suitable location, and be disposed of in a proper and legal manner.

In any area visible to the public, the following shall apply:

1. Broken concrete and debris developed during clearing and grubbing shall be disposed of weekly.

2. The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily.

SPC25-11 E-7

3. Forms or false work that are to be re-used shall be neatly stacked concurrent with their removal.

4. Forms and false work that are not to be re-used shall be disposed of with their removal.

5. Wash down from concrete trucks shall be at one location. Concrete from wash down procedures shall be removed from the site weekly.
3-12.3 NOISE CONTROL
Add the following:

A noise level limit of 85 dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases where required for the protection of personnel.

The Contractor shall arrange and maintain a secure storage site for all equipment and materials. All equipment and unused materials shall be returned to this site at the end of each work day. 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.3 WARRANTY
Add the following:

The Contractor shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors, and others employed directly or indirectly on the Work, against faulty or defective materials, equipment or workmanship for the maximum period provided by law. In addition thereto, for a period of one (1) year commencing on the date of acceptance of the Work, the Contractor shall, upon the receipt of notice in writing from the Agency, promptly make all repairs arising out of defective materials, workmanship or equipment and bear the cost thereof. The Agency is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the Contractor, the Contractor has failed to make or undertake with due diligence the repairs; provided, however, that, in the case of an emergency where, in the opinion of the Agency, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety.

For the purpose of this article “Acceptance of the Work” shall mean the acceptance of the Work by the Agency in accordance with Subsection 3-13.2 but not for the purpose of extinguishing any covenant or agreement or agreement on the part of the Contractor to be performed or fulfilled under this Contract, 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

SPC25-11 E-8
4-1 GENERAL
Add the following:

The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the Agency, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with the requirements of this Contract any portion of the Work which is found not to meet those requirements. The Contractor shall defend, indemnify, and hold the Agency, its officers, agents, and employees harmless from claims of any kind due to injuries or damages arising, directly or indirectly, from said defects or noncompliance.

The Contractor shall make all repairs, replacements, and restorations within thirty-five (35) days after the date of the Engineers’ written notice.

If, in the opinion of the Engineer, the defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Engineer, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the Agency shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but will make such deductions thereof in the payments due or to become due to the Contractor as the Agency may deem just and reasonable.
4-4 TESTING
Replace the third and fourth sentences of the first paragraph with the following:

Except as elsewhere specified, the Agency will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The Contractor shall bear the cost of all other tests, including the retesting of material or workmanship that fails to pass the first test.
4-6 TRADE NAMES
Replace the third sentence of the second paragraph with the following:

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

SPC25-11 E-9
5-3 LABOR
5-3.1 General
Add the following:

The Contractor shall ensure unlimited access to the job site for all Equal Opportunity Compliance officers.

Every Contractor and Subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages paid to each worker employed by him/her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the body awarding the Contract and to the Division of Labor Law Enforcement.

Add the following Subsection:
5-3.4.1 OVERTIME AND SHIFT WORK
The Contractor may establish overtime and shift work as a regular procedure only with the written permission of the Engineer. Such permission may be revoked at any time. No work other than overtime and shift work established as a regular procedure shall be done between the hours of 4:30 p.m. and 8:30 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 4:30 p.m. and 8:30 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, 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

SPC25-11 E-10
liability attributable to the sole fault of AGENCY, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

This exception will apply only in instances where the AGENCY is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where AGENCY’s fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all-inclusive and AGENCY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the AGENCY. 5-4.2.4 CONTRACTOR acknowledges that its obligation pursuant to this section extends to liability attributable to AGENCY, if that liability is less than the sole fault of AGENCY. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of AGENCY. 5-4.2.5 The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to AGENCY, its employees, agents and officials.
5-4.2.6 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those as set forth here in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section. 5-4.2.7 Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth herein is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 5-4.2.8 CONTRACTOR agrees to provide insurance in accordance with the requirements as set forth here.

If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained on behalf of AGENCY and in accordance with the requirements set forth herein. 5-4.2.9 Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISOCGL form No. CG 00 01 11 85 or 88. Total limits shall be not less than two million dollars ($2,000,000.00) per occurrence for all coverages and two million dollars ($2,000,000.00) general aggregate. AGENCY and its officers, agents and employees shall be named as additional insureds using ISO additional insureds endorsement form CG 20 10 11 85 (in no event will AGENCY accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non-contributing 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

SPC25-11 E-11
approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds.

5.4.2.10 Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than two million dollars ($2,000,000.00) per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy drafted above is acceptable.
5-4.3 WORKERS’ COMPENSATION INSURANCE
Replace Subsection 5-4.3 with the following:
5-4.3.1 Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars per accident or disease. Employers’ liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the AGENCY, its officers, agents or employees. 5-4.3.2 CONTRACTOR and AGENCY further agree as follows:
5-4.3.2.1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 5-4.3.2.2 Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 5-4.3.2.3 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of each insurance coverage. 5-4.3.2.4 Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally 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.

SPC25-11 E-12
Upon CONTRACTOR’s failure to make such reimbursement within 30 days of written demand, AGENCY may deduct that sum from any monies due CONTRACTOR hereunder or otherwise. 5-4.3.2.9 CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to AGENCY, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR’s general liability and umbrella liability policy (if any) using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

CONTRACTOR agrees to provide complete copies of policies to AGENCY upon request. 5-4.3.2.10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished within 72 hours of the expiration of the coverages. 5-4.3.2.11 Any actual or alleged failure on the part of AGENCY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of AGENCY or any additional insured, in this or any other regard. 5-4.3.2.12 CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement.

CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of AGENCY, will reserve the right to charge back to AGENCY the cost of insurance required by this Agreement. CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts on behalf of AGENCY will be submitted to AGENCY for review. Failure of AGENCY to request copies of such agreement will not impose any liability on AGENCY, its officers, agents, or employees. 5-4.3.2.13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operations are insureds. 5-4.3.2.14 CONTRACTOR agrees to provide immediate notice to AGENCY of any claim or loss against CONTRACTOR that includes AGENCY as a defendant. AGENCY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims. 5-7 SAFETY
Add the following:

At the pre-construction meeting, the Contractor shall submit his/her complete construction schedule to the Engineer for approval. The Contractor shall submit requests for changes in the schedule to the Engineer for approval at least forty eight (48) hours prior to the scheduled Work.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
Add the following:

SPC25-11 E-13
Prior to issuing the Notice to Proceed, the Engineer will schedule and conduct a pre-construction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. 6-2 PROSECUTION OF THE WORK
Replace the last sentence of first paragraph with the following:

Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Agency may suspend the work in whole or in part, until the Contractor takes said steps at no cost to the Agency.
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 8:30 a.m. and 3:30 p.m. Monday through Friday. In addition, the Contractor shall not perform any Work on Saturday, Sunday, or on Agencydesignated 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.

Deviations from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. Service fees will be calculated at overtime rates including benefits, overhead, and travel time; and will be deducted from the amounts due the Contractor.

Failure of the Contractor to adhere to working day requirements will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine.

For each OCCURRENCE of a working day or hours violation, as provided herein, the Contractor shall pay to the Agency, or have withheld from monies due to it, the sum of $1,000.00.

TABLE 1 – AGENCY-DESIGNATED HOLIDAYS
New Year’s Day
Martin Luther King, Jr. Day
President’s Day
Memorial Day
Independence Day
Juneteenth Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000 PER VIOLATION IS THE MINIMUM VALUE OF THE COST AND

ACTUAL DAMAGED CAUSED BY FAILURE OF THE CONTRACTOR TO LIMIT PERFORMANCE

OF THE WORK BETWEEN THE ALLOTTED TIMES, THAT SUCH SUM SHALL NOT BE

SPC25-11 E-14

CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR IF SUCH DELAY OCCURS.
6-4 DELAYS AND EXTENSION OF TIME
6-4.1 GENERAL
Add the following Subsections:
6-4.1.1 Notice of Delays
Whenever the Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which the Contractor regards as unavoidable, he/she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause so that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if prevention is not possible, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent it will delay the prosecution and completion of the work. It will be concluded that any and all delays which have occurred in the prosecution and completion of the work have been avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by him/her to have been unavoidable. The Contractor shall make no claims for any delay not called to the attention of the Engineer at the time of its occurrence as an unavoidable delay.
6-4.1.2 Avoidable Delays
Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor of his/her subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delays in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work or the completion of the whole work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitting samples of materials and drawings to the Engineer for approval and from performing tests of materials, measurements, and inspections; 3) Reasonable interference of other contractors employed by the Agency and/or other contractors working in the area which do not necessarily prevent the completion of the whole work within the time agreed upon; 4) Delays resulting from inaccurate or incomplete shop drawing submittals; and 5) Interference of other contractors performing concurrent work.
6-4.1.3 Extension of Time
In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with Paragraph 6-9. The Agency, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in his/her best interest to do so. During such extension of time, the Contractor will be charged for engineering and inspection services and other costs as provided in Paragraph 6-4.2.1 but will not be assessed damages pursuant to Paragraph 6-9.
6-4.2 EXTENSIONS OF TIME
Add the following Subsection:
6-4.2.1 Compensation to Agency for Extension of Time

SPC25-11 E-15
Compensation for extension of time for avoidable delay granted pursuant to Paragraph 6-4.1.3 shall be the actual cost to the Agency for engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the work and which accrue during the period of such extension, except that the cost of final inspection and preparation of the final estimate shall not be included. 6-4.4 WRITTEN NOTICE AND REPORT
Replace Subsection 6-4.4 with the following:

Requests for an extension of time must be delivered to the Agency within ten (10) consecutive calendar days following the date of the occurrence that caused the delay. The request must be submitted in writing and must state the cause of the delay, the date of the occurrence causing the delay, and the amount of additional time requested. This shall be included as part of a revised construction schedule required in Section 6-1. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor, which would support the extension of time requested. Requests for extensions of time, which are not received within the time specified above, shall result in the forfeiture of the Contractor’s right to receive any extension of time requested.

If the Contractor is requesting an extension of time because of weather, he/she shall supply daily written reports to the Agency’s representative describing such weather, and the work that could not be performed that day because of such weather or conditions resulting therefrom and that he/she otherwise would have performed.
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.

SPC25-11 E-16
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 Construction Inspector or Project Engineer may be either oral or written.

Request for review made to the City Engineer shall be made in writing with supporting evidence attached.

The Contractor shall submit each request for review within twenty-one (21) calendar days of receipt of the decision that he/she is requesting.

Prior to demand for arbitration, the Contractor shall exhaust his/her administrative remedies by attempting to resolve his/her dispute or claim with Agency`s staff in the following sequence:

1. Project Engineer

2. City Engineer
Should the Project Engineer fail to address the Contractor’s request for review of a disputed decision within fourteen (14) calendar days after receiving such request, the Contractor may proceed directly to the City Engineer. At the option of the Agency, the person to whom the request for review is directed may elect to take such request to a higher level and the Contractor’s request shall be deemed to be properly submitted to such higher level.

The City Engineer shall address disputes or claims within twenty eight (28) calendar days after receiving such request and all necessary supporting data. The City Engineer’s decision on the dispute or claim shall be the Agency’s final decision.

SPC25-11 E-17
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 Engineer, or the happening of any event, thing or occurrence, unless the Contractor shall have given the Engineer due notice in writing, of the potential claim as hereinafter specified, provided, however, that compliance with this Subsection 6-11 shall not be a prerequisite as to any claim that is based on differences in measurements or errors of computation as to the Contract quantities.

Additionally, this Subsection 6-11 shall not supersede the specific notice and protest requirements of Subsection 2-9 “Changed Conditions” and Subsection 6-3.2 “Contract Time Accounting” respectively.

A written notice of potential claim shall set forth the reasons the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. A notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.

It is the intention of this Subsection 6-11 that differences between the parties arising under and by the virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.2 PARTIAL AND FINAL PAYMENT

SPC25-11 E-18
Replace the last paragraph of this subsection with the following:

The closure date for period progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the second Wednesday of the following month. The Agency requires four to six weeks to review all progress payments, issue payment checks, present progress payment to Council for approval, and release payment to contractor. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of plans and specifications showing the as-built conditions.

The full five (5) percent retention will be deducted from all payments. The final retention will be authorized for payment thirty five (35) days after the date of recordation of the Notice of Completion.

The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract as provided in Public Contract Code Sections 10263 and 22300. 7-3.3 DELIVERED MATERIALS
Replace Subsection 7-3.3 with the following:

Materials and equipment delivered but not incorporated into the Work will not be included in the estimate for progress payment.
7-3.4 Mobilization
Replace Subsection 7-3.4 with the following:

Mobilization and demobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor’s personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.

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.

SPC25-11

SECTION F
100KW EMERGENCY GENERATOR PROJECT
SPECIFICATION NO. CIP 24/25-13

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

SPECIAL PROVISIONS

SPECIAL PROVISIONS
Except as hereinafter amended, the provisions of the 2021 Edition of the “Green Book,” Standard Specifications for Public Works Construction (“SSPWC”), with the latest Supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and these modifications thereto are adopted as the “Standard Specifications” for the Agency. These Standard Specifications will be numbered as Sections 0 through 800 per the SSPWC.

Section 1: Payments:

Item1: Mobilization
Payment for Mobilization and Demobilization shall be included in the Lump Sum (LS) Price basis and shall be considered full compensation and include but not be limited to, for 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. 80% of the bid price for Mobilization and Demobilization will be disbursed at completion of Mobilization and 20% will be disbursed at completion of Demobilization.

Item 2: Remove and Dispose Exiting Generator
Payment for “Remove and Dispose Existing Generator” shall be paid for at the contract bid price per lump sum (LS) and shall be considered full compensation for removal of existing generator and connections, hauling, disposal of all the resulting materials, equipment, and permits and no additional compensation will be allowed therefor.

Item 3: Construct Generator Concrete Pad and CMU Wall Enclosure Payment for “Construct Generator Concrete Pad and CMU Wall Enclosure” shall be paid for at the contract bid price per lump sum (LS) and shall be considered full compensation for foundation excavation, material hauling, forming, concrete slab and CMU block wall and include but not limited to furnishing labor, materials and equipment required for construction and no additional compensation will be allowed therefor.

Item 4: Furnish and Install 100k/W Electrical Power Generator Per Plans

SPC25-11
Payment for “Furnish and Install 100k/W Electrical Power Generator” shall be paid for at the contract bid price per lump sum (LS) and shall be considered full compensation for furnishing and installing 100k/W Electrical Power Generator and include but not limited to furnishing labor, materials, equipment, connections, testing for working condition, permits and no additional compensation will be allowed therefor.

Item5: SCAQMD Permit and Other Required Regulatory Agencies Payment for “SCAQMD Permit and Other Required Regulatory Agency Permits” shall be made at the contract bid price per lump sum (LS) and shall be considered full compensation for securing the SCAQMD permit and all other required permits from applicable regulatory agencies.

Section 2: Supplemental CSI Specifications:

The following section is intended to supplement the electrical specifications included in the project plans.

It provides additional guidance, clarifications, and requirements that are necessary to ensure proper installation, operation, and compliance with applicable codes, standards, and best practices.

This section covers specific aspects that may not be fully detailed in the main project plans, including but not limited to installation procedures, equipment testing and commissioning protocols, and operation and maintenance training for personnel.

Contractors and project personnel should refer to this section alongside the project plans to ensure that all electrical work is performed in accordance with the design intent and meets the performance, reliability, and regulatory standards established for the project.

Specifications listed in the project plans shall take precedent over the following specifications.

CSI - SECTION 26 32 13 - ELECTRICAL GENERATORS
PART 1 – GENERAL

1.01 SUMMARY
A. Furnish and install a complete emergency standby power system for the Police Department facility in accordance with bid documents.

B. Work includes, but is not limited to:

1. Engine-driven generator set

2. Integrating the newly installed Automatic Transfer Switches (ATS)

3. Fuel system

4. Electrical distribution and controls

5. Concrete pad and anchorage

6. Testing, commissioning, and training
C. System shall provide reliable emergency power to designated life safety, legally required standby, and mission-critical Police Department loads.

1.02 REFERENCES
Applicable Cods are listed in the project plans

1.03 SUBMITTALS

SPC25-11
A. Product data for generator, controls, and accessories B. Shop drawings including:

1. Electrical one-line diagrams

2. Equipment layouts and clearances

3. Fuel system schematics

4. Concrete pad and anchorage details
C. Factory test reports
E. Startup, testing, and commissioning procedures
F. Operation and Maintenance manuals

1.04 QUALITY ASSURANCE
A. Generator manufacturer shall have a minimum of 10 years’ experience producing similar systems.

B. Installation contractor shall be licensed and experienced with emergency generator systems of comparable size and complexity.

C. Equipment shall be listed and labeled by UL or another recognized testing agency.

1.05 REGULATORY REQUIREMENTS
A. Emergency power shall be restored within 10 seconds of normal power loss.

B. Fuel supply shall support a minimum of 48 hours continuous operation at full rated load.

C. Air Quality Management District (AQMD) testing of new gas engine must be certified by the contractor. Internal Combustions engines with a manufacturer’s rating of 50 brake horsepower or greater require testing and certification. Refer to South Coast Air Quality Management District (AQMD) for additional information on permitting and testing: http://www.aqmd.gov PART 2 – PRODUCTS

2.01 GENERATOR
A. Type: Diesel engine-driven generator, standby rated as specified in the project plans.

2.02 FUEL SYSTEM
A. Fuel Type: Diesel
B. Storage Tank:

1. Double-wall steel tank

2. Sized for minimum 48-hour runtime

3. Leak detection and overfill protection
C. Piping:

1. Steel piping with flexible connections at generator

2. Valves and fittings rated for diesel fuel

2.03 AUTOMATIC TRANSFER SWITCHES
Not Applicable – A new ATS was installed recently.

2.04 ACCESSORIES
A. Battery and charger
B. Exhaust silencer and piping
C. Vibration isolators
D. Remote annunciator panel located in Police Department dispatch or control room

SPC25-11
PART 3 – EXECUTION

3.01 INSTALLATION
A. Install equipment in accordance with manufacturer’s instructions, bid drawings, and applicable codes.

B. Maintain required working clearances and access for maintenance.

C. Anchor equipment to concrete pad per seismic requirements.

3.02 FIELD QUALITY CONTROL
A. Perform startup by manufacturer-authorized technician.

B. Conduct load bank testing for a minimum of 4 hours.

C. Test ATS operation under simulated power failure conditions.

3.03 TRAINING
A. Provide on-site training for Police Department personnel.

B. Review normal operation, emergency operation, and maintenance requirements.

3.04 ACCEPTANCE
A. System shall be accepted only after successful testing, inspections, and receipt of all required documentation, per bid requirements.

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 23, 2026 ITEM NUMBER: 11F
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Assistant City Manager/Development Services Director Irving Montenegro Jr., Manager
Subject: Approve Agreement with the County of Orange for Waste Infrastructure System Enterprise (WISE)

SUMMARY
City Staff requests City Council approval of the Waste Infrastructure System Enterprise (WISE) Agreement with the County of Orange for municipal solid waste disposal services and rates.

Under the WISE Agreement, participating cities and districts receive priority access to County landfills, a disposal rate of at least 10% below the public rate (and no higher than the waste importation rate), and a share of revenue from the County’s waste importation agreements, in exchange for directing all non-recycled waste collected by franchise haulers to County landfills.

RECOMMENDATION
Authorize the City Manager to execute the WISE Agreement with the County of Orange for municipal solid waste disposal rates and services, with any minor modifications as necessary, in a form approved by the City Attorney.

BACKGROUND
Orange County Waste & Recycling (OCWR) operates the County’s landfill system that includes three active landfills and approximately 20 inactive sites. Since 1997, Orange County cities have participated in the County's Waste Disposal Agreement (WDA), which guarantees landfill capacity and disposal rates at least 10% below those charged to non-contract customers. The City of Los Alamitos is a WDA participant. The Agreement has been amended several times and most recently extended for one year in 2025. City Council approved the extension at its May 2025 Regular Meeting.

As the WDA neared expiration, OCWR developed the successor Waste Infrastructure System Enterprise (WISE) Agreement. The Orange County City Managers Association (OCCMA), representing cities, sanitary districts, and special districts that rely on the landfill system, coordinated review and negotiations beginning in late 2024. In 2025, OCCMA secured a oneyear extension of the WDA through June 30, 2026, allowing additional time for negotiations.

DISCUSSION
Cities must adopt the WISE Agreement by April 30, 2026, to avoid disposal rate increases up to 10% higher. The ‘Participation Threshold’ for the WISE Agreement to become effective requires that cities that represent at least 50% of the disposal sent to the County landfills ratify

the document. The agreement is for 10 years, through June 30, 2036, with one optional 10- year extension.

OCWR is presenting this new Agreement because the current WDA limits annual rate increases to CPI and does not account for rising operational, regulatory, and environmental compliance costs beyond CPI changes. OCWR also indicated that additional capital is needed to fund the Brea Olinda landfill closure and to significantly expand the capacity of the landfill in San Juan Capistrano over the course of the 10-year term. Through negotiations, OCCMA reached an agreement with OCWR on a phased rate structure for the first three years of the agreement. Starting in FY 29-30 the rate includes an annual CPI increase.

Fiscal Year Contract Rate
2026–27 $67.00/ton
2027–28 $74.00/ton
2028–29 $81.00/ton
2029–30 $81.00/ton + CPI
These rates will be applicable to the City's franchised waste hauler, Universal Waste Systems (UWS). Effective July 1, 2026, the increased disposal rates are expected to result in a 10% increase in monthly residential customer bills and a 16% increase for commercial customers.

These increases are in addition to any hauler-related cost increases associated with service, which will also take effect July 1 pursuant to the City/UWS franchise agreement. Universal Waste Systems is allowed an annual cost-of-living adjustment to rates every July, but caps any rate increases at 5%. Please note that Los Alamitos residential rates remain the lowest among Orange County municipalities.

While the primary focus of the negotiations was tied to the disposal rate, OCCMA successfully negotiated the following key provisions:
• Beginning in 2030, an annual “true-up” process that may freeze CPI adjustments depending on OCWR’s cost recovery and tonnage revenue. Cities may initiate a ‘meet and confer’ process with review by an independent consultant. • Inclusion of review and annual notification provisions to ensure continued OCCMA participation to improve transparency and oversight of OCWR’s financial status and implementation of the WISE Agreement.
• Removal of language that would have made cities financially responsible for hauler non-payment.
• Adoption of a blended CPI index (60% Solid Waste, Water, and Sewer; 40% All Urban Consumers).
• Removal of the requirement that all residential organic waste be sent to OCWR; the County will offer optional organic waste processing services.

FISCAL IMPACT

No impact to the City’s General Fund budget. All adjustments to the waste hauler rates are handled directly between UWS and its customers.

Attachment: 1. Waste Infrastructure System Enterprise (WISE) Agreement with County of Orange

2. Attachment - Franchise Hauler Acknowledgement

WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT
(“WISE AGREEMENT”)
Between

THE COUNTY OF ORANGE, CALIFORNIA
and
the

CITY OF LOS ALAMITOS
Dated 23 March 2026
County Authorization Date: City Authorization Date:
23 March, 2026
County Notice Address:

Director
OC Waste & Recycling
601 N. Ross Street 5th Floor
Santa Ana, CA 92701
City Notice Address:

City Manager Chet Simmons
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720

TABLE OF CONTENTS
Page

ARTICLE I

DEFINITIONS AND INTERPRETATION
Section 1.1 DEFINITIONS...................................................................................................................................2 Section 1.2 INTERPRETATION..........................................................................................................................7

ARTICLE II

REPRESENTATIONS AND WARRANTIES
Section 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY.........................................................8 Section 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY .................................................9

ARTICLE III

DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE Section 3.1 DELIVERY OF WASTE...................................................................................................................9 Section 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY......................................................11 Section 3.3 COUNTY RIGHT TO REFUSE WASTE.......................................................................................12 Section 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE................................................................13 Section 3.5 MISCELLANEOUS OPERATIONAL MATTERS........................................................................14 Section 3.6 OTHER USERS OF THE DISPOSAL SYSTEM. ..........................................................................14 Section 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES....................................................15

ARTICLE IV

CONTRACT RATE
Section 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE..........................................15 Section 4.2 CONTRACT RATE.........................................................................................................................15 Section 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE............................................21 Section 4.4 BILLING OF THE CONTRACT RATE.........................................................................................21 Section 4.5 RESTRICTED RESERVES.............................................................................................................21 Section 4.6 AUDITED FINANCIAL STATEMENTS.......................................................................................22 Section 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION..............................................22

ARTICLE V

BREACH, ENFORCEMENT AND TERMINATION
Section 5.1 BREACH..........................................................................................................................................23 Section 5.2 CITY CONVENIENCE TERMINATION ......................................................................................23 Section 5.3 TERMINATION. .............................................................................................................................23 Section 5.4 NO WAIVERS.................................................................................................................................24 Section 5.5 FORUM FOR DISPUTE RESOLUTION .......................................................................................24

ARTICLE VI
TERM
Section 6.1 EFFECTIVE DATE AND TERM. ..................................................................................................24 Section 6.2 COMMENCEMENT DATE............................................................................................................25

ARTICLE VII

GENERAL PROVISIONS
Section 7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM........................................26 Section 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY.........................................................26 Section 7.3 INDEMNIFICATION......................................................................................................................27 Section 7.4 RELATIONSHIP OF THE PARTIES.............................................................................................27 Section 7.5 LIMITED RECOURSE....................................................................................................................27 Section 7.6 PRE-EXISTING RIGHTS AND LIABILITIES..............................................................................27 Section 7.7 NO VESTED RIGHTS ....................................................................................................................28 Section 7.8 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING ..........................28 Section 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES...................................................................28 Section 7.10 AMENDMENTS..............................................................................................................................28 Section 7.11 NOTICE OF LITIGATION .............................................................................................................28 Section 7.12 FURTHER ASSURANCES.............................................................................................................28 Section 7.13 ASSIGNMENT OF AGREEMENT ................................................................................................28 Section 7.14 INTEREST ON OVERDUE OBLIGATIONS................................................................................28 Section 7.15 BINDING EFFECT..........................................................................................................................28 Section 7.16 NOTICES.........................................................................................................................................28 APPENDIX 1

ESTIMATED ANNUAL TONNAGE
APPENDIX 2

CUMULATIVE TONNAGE
APPENDIX 3

CUMULATIVE CAPITAL COSTS
APPENDIX 4

FRANCHISE HAULER ACKNOWLEDGEMENT
APPENDIX 5

ORGANIC SERVICES AGREEMENT

WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT
THIS WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT (“WISE Agreement” or “Agreement” are used interchangeably) is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the “County”), and the city, special district, or sanitary district designated on the cover page of this Agreement (the “City”). County and City may hereinafter be referred to singularly as “Party” or collectively as “Parties.”.

RECITALS
The County owns, manages and operates a Waste Infrastructure System to manage municipal and solid waste generated within the County of Orange or imported from outside the County pursuant to contractual agreements. The Waste Infrastructure System collectively includes active Class III sanitary landfills (“County Landfills”), resource recovery, recycling and organics programs, infrastructure and operations, closed landfills, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.

The County is also responsible for the long-term management of twenty (20) closed landfills as required under Applicable Law.

County Landfills are used for the management of municipal solid waste pursuant to legislation including but not limited to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the “Act”) and the Short-lived Climate Pollutants Reduction Act (“SB 1383”). County Landfills are also subject to other State and federal regulations designed to ensure that landfill operations minimize the impacts to public health and safety and the environment.

Pursuant to Resolution, the County established the Waste Management Enterprise Fund pursuant to Government Code §25261 to ensure that all costs associated with the operation and management of the Waste Infrastructure System are financed by charges imposed for services provided by the Department and are not funded by tax revenue or the County General Fund.

The City, in the exercise of its police power, its powers under the Act, and other Applicable Law, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection, recycling, diversion and disposal of municipal solid waste generated within the City.

A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System.

Since 1997, the City and the County have provided for the management of municipal solid waste through Waste Disposal Agreements (“WDAs”), wherein the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of the WDAs.

Starting in approximately 2014, the Legislature of the State of California passed several pieces of legislation (“Organics Legislation”) that require significant reductions in the disposal of Organic Waste. The purpose of the Organics Legislation is to mandate organics recycling and curtail the impacts of climate change by reducing greenhouse gas emissions such as methane. In this regard, the decomposition of organic material in the State’s landfills was identified as a significant source of methane that could be reduced.

On April 23, 2019, the Orange County Board of Supervisors passed Resolution 19-031 to respond to the State’s increasing landfill diversion requirements and identified the need for additional organic processing infrastructure in the County and directed the Department to develop additional organics recycling infrastructure to support the region in meeting State organic recycling mandates.

The County has developed an Organics Infrastructure that is comprised of organic processing facilities to receive and process Organic Waste to support the State’s Organic Legislation goals, promote local recycling, assist local jurisdictions in meeting their organic diversion requirements and correspondingly conserve capacity in the

Disposal System and is offering interested Cities the option of participating in the County provided Organic Processing Services pursuant to a separate Organic Services Agreement (“OSA”) as provided in Appendix 5.

In their effort to continue the concepts and purposes outlined in the WDAs and respond to Organics Legislation, the City and the County desire to enter into this Waste Infrastructure System Enterprise Agreement (“WISE Agreement” or “Agreement”), on the terms and conditions set forth herein. The County and City acknowledge that the currently operative WDA shall remain in full force and effect until its expiration or the WISE Agreement Commencement Date, whichever comes first.

The City has determined that the execution of this Agreement by the City will serve the public health, safety and welfare of the City by providing disposal rate stability, predictable and reliable long-term disposal service, and the continuation of sound environmental management.

The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Waste Infrastructure System, thereby enabling the County to plan, manage, operate and finance improvements to the Waste Infrastructure System on a prudent and sound long term, businesslike basis consistent with its legal and regulatory obligations to the State and Federal government.

Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof.

Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.

It is, therefore, agreed as follows:

ARTICLE I

DEFINITIONS AND INTERPRETATION
SECTION 1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below.
“Acceptable Waste” means all garbage, refuse, rubbish, Organic Waste and other materials and substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi-family), commercial, industrial, governmental and institutional establishments and which are acceptable at Class III landfills under Applicable Law.
“Act” means AB 939 the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time. “Agreement” means this Waste Infrastructure System Enterprise Agreement (“WISE Agreement”) between the County and the City as the same may be amended or modified from time to time in accordance herewith. “Appendix” means an appendix to this Agreement, as the same may be amended or modified from time to time in accordance with the terms hereof
“Applicable Law” means the Act, Organics Legislation, the Orange County Code of Ordinances, CERCLA, RCRA, CEQA, any Legal Entitlement and any federal or State rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Waste Infrastructure System, and the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection, mitigation monitoring plans and building codes).

“CalRecycle” means the California Department of Resources Recycling and Recovery, which is a branch of the California Environmental Protection Agency, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof. CalRecycle oversees the State’s waste management and waste reduction programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board and is responsible for the enforcement of legislation and regulations and diversion requirements applicable to the Waste Infrastructure System.
“Capital Costs” means all costs of the Waste Infrastructure System that are classified as capital costs for purposes of the budget of the Department in accordance with procedures established by the County of Orange AuditorController in compliance with the California State Controller’s Manual, including but not limited to all of the categories of costs of the Waste Infrastructure System including but not limited to “Buildings and Improvements, and Infrastructure” (Object Code 4200), “Equipment” (Object Code 4000-4040) and “Intangible” (Object Code 4250- 4299) in the County of Orange – Chart of Accounts, or any successor accounting or reporting system utilized by the County.
“CEQA” means the California Environmental Quality Act, codified in California Public Resources. Code Section 21000 et seq. as amended or superseded, and the regulations promulgated thereunder. “CERCLA” means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.

Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder. “Change in Law” means any of the following events or conditions which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Waste Infrastructure System or other matters to which Applicable Law applies:
(1) the enactment, adoption, promulgation, issuance, material modification or written change in administrative or judicial interpretation on or after the Commencement Date of any Applicable Law (other than Applicable Law enacted by the County); or
(2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or
(3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination, interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or (4) any new or revised requirements or fees relating to the funding or provision of Waste Infrastructure Services, including but not limited to, Integrated Waste Management Act Fees, Host Fees, regulations for disposal operations, organics processing and diversion, recycling initiatives or activities associated with the remediation, closure, funding or monitoring of closed landfills with respect to facilities comprising the Waste Infrastructure System, or facilities which the County previously utilized to provide waste disposal, transfer, recycling, processing or other waste related activities. “City” means, as applicable, the City (general law, charter or other), Special District or Sanitary District designated on the cover page of this Agreement and party to this Agreement.

“City Acceptable Waste” means all Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the City, and Residue from the foregoing wherever produced, whether within or outside the City (or Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3.1(D) hereof).
“Consumer Price Index” or “CPI” means a blend of the following two indexes based on the following percentage of each: 60% of the CPI shall be comprised of the Consumer Price Index published by the Bureau of Labor Statistics for All Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG); and, 40% of the CPI shall be comprised of the Consumer Price Index for All Urban Consumers, not seasonally adjusted, all items index (CPI-U) – All items in Los Angeles-Long Beach-Anaheim (CUURS49ASA0).

In the event either of the forgoing indexes is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics as a replacement or otherwise generally accepted as a replacement shall be used for purposes of this Agreement; and, in the absence thereof, the Orange County Board of Supervisors shall select an index that it determines most closely reflects the forgoing and best implements the intent of this Agreement. “Commencement Date” means the date on which the obligations of the parties hereto commence, established as provided in Section 6.2(B) hereof.
“Contract Date” means the first date on which this Agreement has been executed by both parties hereto. “Contract Rate” has the meaning specified in Section 4.2 hereof “Contract Year” means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year.
“Controllable Waste” means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and which is:
(1) Non-Recycled City Acceptable Waste;
(2) not generated from the operations of the Governmental Bodies which, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate; and
(3) collected and hauled by Franchise Haulers.
“County” means the County of Orange, a political subdivision of the State of California and party to this Agreement.
“County Landfills” means all active Class III sanitary landfills located within the County of Orange and operated by the Department. At the time of execution, County Landfills consist of the Olinda Alpha Landfill located in Brea, California, the Frank R. Bowerman Landfill located in Irvine, California, and the Prima Deshecha Landfill located in San Juan Capistrano, California. (Note: The current estimated closure date for the Olinda Alpha Landfill is 2036 as specified in its Solid Waste Facility Permit. Throughout the term of this Agreement, County reserves the right to reduce, continue, expand, or cease all operation at the Olinda Alpha Landfill at its sole discretion.) “County Plan” means the integrated waste management plan of the County approved by CalRecycle pursuant to the Act as in effect from time to time.
“County Acceptable Waste” means Acceptable Waste generated in the County. “County-wide Recycling Services” has the meaning set forth in subsection 3.7(A) hereof. “Cumulative Tonnage Target” for any given Contract Year means the amount specified in Appendix 2 hereto with respect to such Contract Year.
“Department” means OC Waste & Recycling, and any agency, department or other Governmental Body

which succeeds to the duties and powers thereof.
“Designated Facility” means the landfill or other County facility that the Department directs or assigns City Franchise Haulers to deliver City Acceptable Waste.
“Director” means the Director of OC Waste & Recycling.
“Disposal Services” means the solid waste disposal and other services to be provided by the County pursuant to the Service Covenant and as otherwise provided in this Agreement. “Disposal System” means the Waste Infrastructure System which includes solid waste disposal operations at active landfills; Organics Infrastructure; regional Household Hazardous Waste Collection Centers; and other waste management related systems deemed necessary by the County, as well as services, such as post-closure maintenance and other activities, at closed landfills formerly operated by the County, as appropriate under Applicable Law. “Environmental Fund” means the fund or funds held by the County to pay unanticipated costs of environmental mitigation, remediation or liability.
“Franchise Hauler” means any hauler or collector who provides Acceptable Waste collection services within the City pursuant to, or under authority granted by, a permit, contract, franchise or other agreement with the City. The term Franchise Hauler includes the City itself if Acceptable Waste collection and transportation services are provided directly by City operated municipal collection service. “Full Cost Recovery” means all facets of Department costs and responsibilities including, but not limited to; operation, maintenance and management of the Waste Infrastructure System, labor and equipment, capital projects, environmental monitoring and mitigation, site closure, legal and regulatory compliance, long-term post-closure maintenance, remediation costs, planning for contingencies associated with the County’s long-term liability and maintaining adequate financial reserves.
“Governmental Body” means any federal, State, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority.
“Hazardous Material” or “Hazardous Substance” has the meaning given such term in CERCLA, the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Section §78000 et seq.), and Titles 26 and 27 of the California Code of Regulations and other regulations promulgated thereunder. “Hazardous Waste” means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996); and (5) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes; or (b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40. The terms Hazardous Waste, Hazardous Material or Hazardous Substance shall be used interchangeably in this Agreement when not referring to specific Applicable Law.
“Host Fee” means the amount paid pursuant to Cooperative Agreements, referred to in Section 1.2 (I) of this Agreement, to compensate the cities identified in Section 1.2(I) (“Host Cities”) for costs or impacts incurred by Host Cities which might be associated with County Landfills due to their location within Host City boundaries, and not already substantially avoided or mitigated through the identification and adoption of Project Design Feature and Mitigation Measures.
“Imported Acceptable Waste” means Acceptable Waste that is generated outside of the geographical boundaries

of the County and delivered to the Waste Infrastructure System. “Importation Agreement” means an agreement between the County and any public or private entity for the delivery and acceptance of Imported Acceptable Waste pursuant to contract. “Independent Haulers” means those waste collection/hauler companies primarily engaged as a principal business in the collection and transportation of municipal solid waste generated in the County of Orange which are not obligated to deliver County Acceptable Waste to the Waste Infrastructure System pursuant to a franchise, contract, permit or other authorization with a City in the County. “Initial Term” has the meaning specified in Section 6.1(A) hereof. “Legal Entitlement” means all permits, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Waste Infrastructure System or the performance of any obligation under this Agreement or the matters covered hereby.
“Legal Proceeding” means every action, suit, litigation, arbitration, administrative or regulatory proceeding, and other legal or equitable proceeding having a bearing upon this Agreement. “Loss-and-Expense” means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs. “MRF Fines” mean undersized or pulverized material consisting of small fractions of waste that are created during the recycling process as Material Recovery Facilities. “Net Import Revenues” has the meaning ascribed thereto in Section 3.6(F). “Non-Recycled City Acceptable Waste” means all City Acceptable Waste other than Recycled City Acceptable Waste.
“OC Waste & Recycling Enterprise Fund” means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Waste Infrastructure System. “Organics Infrastructure” means organic processing facilities designed to receive and process Organic Waste to support the State’s Organic Legislation goals, promote local recycling, and/or assist local jurisdictions in meeting their organic diversion requirements which are utilized by interested Cities in connection with their participating in County-provided Organic Processing Services pursuant to a separate Organic Services Agreement. “Organics Legislation” means organics recycling legislation including AB 1594, AB 1826, SB 1383 and any future legislation pertaining to the management and diversion of Organic Waste. “Organics Processing Services” means the services provided by County to Cities that choose to enter into the Organic Services Agreement provided in Appendix 5.
“Organics Services Agreement” (“OSA”) means that separate agreement (as provided in Appendix 5) between County and interested Cities, whereby the County agrees to provide Organic Processing Services to interested Cities pursuant to the terms of the OSA.
“Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges as defined in Title 14 of the California Code of Regulations, Section 18982(a)(46). “Overdue Rate” means the maximum rate of interest permitted by the laws of the State, if applicable, or the prime rate established from time to time by the Bank of America, N.A. or its successors and assigns, plus 2%, whichever is lower.

“Participating City” means any City executing a WISE Agreement in accordance with Section 3.6(A) hereof and meeting all requisite conditions to the Commencement Date thereof. “Participation Threshold” means the point at which the percentage of the County’s Acceptable Waste attributable to Participating Cities which have executed and delivered Agreements shall exceed 50% percent (using the percentage rates attributed to such Participating Cities in Appendix 1). “Posted Disposal Rate” means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement or other contractual arrangement.
“Prohibited Medical Waste” means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System. “Qualified Household Hazardous Waste” means waste materials determined by local, State, and federal regulation to be:
(1) Of a nature that they must be listed as hazardous in State statutes and regulations; (2) Toxic/ignitable/corrosive/reactive; and
(3) Carcinogenic/mutagenic/teratogenic;
which are discarded from households as opposed to businesses. Qualified Household Hazardous Waste shall not include Unacceptable Waste.
“Recycled City Acceptable Waste” means any otherwise Controllable Waste which is separated from Acceptable Waste by the generator thereof or by processing and which is “recycled” within the meaning of Section 40180 of the Public Resources Code.
“Renewal Term” has the meaning specified in Subsection 6.1(C) hereof. “Residue” means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal amounts of material remaining after such processing (which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing). “Resource Conservation and Recovery Act” or “RCRA” means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended and superseded. “Restricted Reserves” has the meaning specified in Section 4.5. “Sanitary Districts” means the sanitary districts in the County formed pursuant to the Sanitary District Act of 1923, codified in California Health & Safety Code Section 6400 et seq., as amended, supplemented, superseded and replaced from time to time.
“Self-Hauled Waste” means City Acceptable Waste and City Acceptable Organic Waste collected and hauled by Self-Haulers.
“Self-Hauler” means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person. “Service Coordinator” means the service coordinator for either party designated pursuant to subsection 3.5(C) hereof.
“Service Covenant” means the covenants and agreements of the County set forth in Sections 3.2 and 3.3 hereof.

“Special District” means public agencies created by a Governmental Body to provide one or more specific services to a community, such as but not limited to water, sewer, refuse, parks and recreation, fire protection, pest abatement, etc.
“Source-Separated Household Hazardous Waste” means Qualified Household Hazardous Waste which has been segregated from Acceptable Waste originating or generated within the geographical jurisdiction of the City at the source or location of generation.
“Source-Separated Household Hazardous Waste Disposal System” means the collection centers, facilities, contracts and other arrangements owned or administered by the County for the receipt, handling and disposal of Source-Separated Household Hazardous Waste.
“State” means the State of California.
“Term” shall mean the term of this Agreement.
“Ton” means a “short ton” of two thousand (2,000) pounds. “Transfer Station” means any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility to which solid waste collected for the City is delivered for processing before receipt in the Waste Infrastructure System. “Unacceptable Waste” means Hazardous Material; Hazardous Waste; Hazardous Substances; Prohibited Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance, highly flammable substances, and noxious materials and lead-acid batteries (except if delivered in minimal quantities); drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers, marine vessels and steel cable; hot loads; and any waste which the Waste Infrastructure System is prohibited from receiving under Applicable Law.
“Uncontrollable Circumstance” means any act, event or condition affecting the Waste Infrastructure System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are:
(1) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance, epidemic; and
(2) a Change in Law.
“Unincorporated Area” means those portions of the County which are not contained within the jurisdictional boundaries of incorporated cities.
“Unincorporated Area Acceptable Waste” means Acceptable Waste originating from or generated within the Unincorporated Area.
“Unrestricted Reserves” means cash and other reserves of the Waste Infrastructure System which are not Restricted Reserves.
“Waste Disposal Covenant” means the covenants and agreements of the City set forth in Section 3.1 hereof. “Waste Infrastructure System” or “Disposal System” means County owned or operated waste management

related facilities, including active Class III sanitary landfills (“County Landfills”), closed landfills managed by the County, resource recovery operations, Organics Infrastructure, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.
“WISE” means Waste Infrastructure System Enterprise.
“WISE Agreements” means each of the WISE agreements entered into between the County and any City within the County, Special District, Sanitary District, Jurisdiction, or operator of any Franchise Hauler located in the County in accordance with the terms herewith.

SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires:
(A) References Hereto. The terms “hereby”, “hereof”, “herein”, “hereunder”, “herewith”, and any similar terms refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the Contract Date.
(B) Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.
(C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals.
(D) Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (E) No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement. (F) Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement. (G) Applicable Law and Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. (H) Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement. (I) Integration; Preservation of Certain Agreements. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated hereby. This Agreement shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions; provided; however, that this Agreement shall not supersede the following Cooperative Agreements as they currently

exist or as they may be amended in the future:
1) Cooperative Agreement between the City of Brea and the County of Orange regarding the Olinda Alpha Landfill.
2) Cooperative Agreement between the City of Irvine and the County of Orange regarding the Frank R. Bowerman Landfill.
3) Cooperative Agreement between the City of San Juan Capistrano and the County of Orange regarding the Prima Deshecha Landfill.

ARTICLE II

REPRESENTATIONS AND WARRANTIES
SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that:
(A) Existence. The City is a general law or charter city or a Special District or Sanitary District validly existing under the Constitution and laws of the State. (B) Due Authorization. The City has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the City.

SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that:
(A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State.
(B) Due Authorization. The County has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the County.

ARTICLE III

DELIVERY AND ACCEPTANCE OF WASTE

AND PROVISION OF WASTE

MANAGEMENT AND DISPOSAL SERVICE
SECTION 3.1 DELIVERY OF WASTE.
(A) Waste Management and Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, and subject to available Waste Infrastructure System capacity, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Waste to the Waste Infrastructure System in accordance herewith. (B) Recycled City Acceptable Waste. The parties hereto acknowledge the responsibility of the City to meet its own recycling and landfill diversion goals contained in the Act and Organics Legislation. Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to practice source separation, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Waste generated in the City and delivered to the Waste Infrastructure System by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Contract Rate to the extent provided in Article IV hereof) and shall not constitute a breach of this Agreement.
(C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed, shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced to a geographic source, generic residues from such facility in Tonnage equal to the residues that would have

been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Any City Acceptable Waste or material derived or segregated therefrom which is held in storage and asserted by the possessor thereof to constitute Recycled City Acceptable Waste awaiting sale or distribution to the secondary materials markets shall constitute Controllable Waste if, when and to the extent that the storage or diversion thereof can be reasonably deemed to constitute an evasion of the Waste Disposal Covenant rather than generally recognized, accepted and prevailing practice in the Southern California materials recovery and recycling industry conducted in accordance with Applicable Law. In order for the owner and/or operator of a transfer station to be entitled to deliver Acceptable Waste from a Participating City to the Waste Infrastructure System for the Contract Rate as provided in Article IV, such owner and/or operator must execute a direct agreement with the County, acknowledging and agreeing to comply with the obligation of the Participating City to cause the delivery of all Controllable Waste to the Waste Infrastructure System pursuant to this Agreement. In addition, the County shall be authorized to implement procedures to determine if Acceptable Waste delivered by the owners or operators of Transfer Stations is entitled to utilize the Waste Infrastructure System for the Contract Rate. Such procedures may include requiring Transfer Stations to certify, under penalty of perjury, the source of any such Acceptable Waste. If necessary, the County may require that, in order to qualify for use of the Waste Infrastructure System for the Contract Rate, Transfer Stations must deliver Controllable Waste in loads containing only Controllable Waste, and not commingled with Acceptable Waste from entities which are not Participating Cities or Participating Independent Haulers. (D) Power to Obligate Waste Disposal and Comply with this Agreement. On or before the Commencement Date, (i) any City franchise, contract, lease, or other agreement which is lawfully in effect relating to or affecting Controllable Waste shall provide, or shall have been amended to provide, that the City shall have the right without material restriction on and after the Commencement Date to direct the delivery of all Controllable Waste to the County Waste Infrastructure System (whether or not such Controllable Waste is delivered to a transfer station as an intermediate step prior to landfill disposal) and otherwise to comply with its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers, and (ii) the City shall designate the Waste Infrastructure System as the disposal location pursuant to such franchise, contract, lease or other agreement. On and after the Commencement Date and throughout the Term of this Agreement the City (a) shall not enter into any franchise, contract, lease, agreement or obligation, issue any permit, license or approval, or adopt any ordinance, resolution or law which is materially inconsistent with the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive franchises or other contractual arrangements over any City Acceptable Waste which, as of the Contract Date, is subject to non-exclusive or exclusive franchise or other contractual arrangements. The City agrees that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver Controllable Waste to the Waste Infrastructure System, and may directly enforce such obligation through any legal means available. The City shall notify in writing each Franchise Hauler of the County’s third party beneficiary rights. (E) Controllable Waste Flow Enforcement.
(1) The City, in cooperation with the Department, shall establish, implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Waste Infrastructure System pursuant to and in accordance with the Waste Disposal Covenant for Controllable Waste disposal at the times and in the manner provided herein. The waste flow enforcement program shall consist of amending City franchises, permits or authorizations with all Franchise Haulers, to the extent required by this Section and to the extent allowed by law, and shall include in addition, to the extent necessary and appropriate in the circumstances to assure compliance with the Waste Disposal Covenant, but shall not be limited to:
(i) licensing or permitting Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant,
(ii) providing for and taking appropriate enforcement action under any such franchise, license, or permit, such as but not limited to the suspension, revocation and termination of collection rights and privileges, the imposition of fines or collection of damages, and the exercise of injunctive relief against non-complying Franchise Haulers and
(iii) causing any Transfer Station to which Controllable Waste is delivered for processing to deliver certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue remaining from processing at such Transfer Station.
(2) The City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to the amount that the City would have been required to pay to the County had the Waste Disposal Covenant not been breached, which shall be calculated by: (1) subtracting the

number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (2) multiplying such amount by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2). In the event that the County terminates the Agreement as a result of such breach, the damages due as a result of such termination shall be equal to the average monthly deliveries by the City for the twelve (12) months prior to the commencement of the breach multiplied by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2), multiplied by the number of months that would have remained in the Term of the Agreement had the termination not occurred. The parties recognize that if the City fails to meet its obligations hereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made.
(F) Legal Challenges to Franchise System. The City shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County, whether as plaintiff or defendant), by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City’s exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Waste Infrastructure System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be entitled to avail itself of the remedies described in Section 4.2(B) hereof.
(G) Franchise Haulers. The City shall compile and provide the Department with the following information concerning all Franchise Haulers: name, address and phone number; identification number; area of collection and transportation; and franchise and permit terms. (H) Waste Information System. The City shall cooperate with the Department in collecting information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement, the Act, Organics Legislation, or other Applicable Law. Such information may include information such as, data pertaining to Controllable Waste collected, transported, stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, Controllable Organic Waste collected, stored, processed and marketed or disposed of, Franchise Haulers’ franchise, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from which such Controllable Waste was collected (identifying Controllable Organic Waste, Recycled City Acceptable Waste, or as otherwise may be required under this Agreement or under Applicable Law), tonnage by type of load (residential, commercial, roll-off box), customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related information. (I) City Actions Affecting County. The City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its covenants and agreements with the State. In particular, the City agrees not to conduct, authorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by the County hereunder, and not to take or omit to take any action with respect to Controllable Waste, its collection, transportation, transfer, storage, treatment, processing, or disposal that may materially and adversely affect the County’s ability to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit or license or refuse to grant any approval while exercising its police powers.

(J) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver or cause the delivery to the Waste Infrastructure System of Acceptable Waste or Acceptable Organic Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Waste or Acceptable Organic Waste. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste or Controllable Organic Waste to the County hereunder, and shall not permit any Acceptable Waste or Acceptable Organic Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Waste or Controllable Organic Waste for any purpose hereunder. (K) Annexations and Restructuring. It is the intention of the parties that this Agreement and the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any territory with respect to which the City assumes solid waste management responsibility from a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of the City under Applicable Law.

SECTION 3.2 PROVISION OF WASTE INFRASTRUCTURE SERVICES BY THE COUNTY. (A) Service Covenant. Commencing on the Commencement Date, and subject to available Waste Infrastructure System capacity, the County shall provide or cause the provision of the service of receiving and disposing of all Controllable Waste at the Waste Infrastructure System, and, in accordance with subsection 3.3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted under Applicable Law, shall use its best efforts to increase source reduction, materials recovery, recycling, organic processing or other waste diversion in the region as may be required by law or which result in the long-term preservation of landfill disposal capacity and to keep the Waste Infrastructure System open for the receipt of Acceptable Waste for disposal or transfer of Controllable Waste pursuant to this Agreement. The County shall do and perform all acts and things which may be reasonably necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement, Applicable Law and prudent solid waste management practice and environmental considerations. (B) Source-Separated Household Hazardous Waste. The County shall maintain, as part of the Waste Infrastructure System, a Source-Separated Household Hazardous Waste Disposal System for the disposal of Source-Separated Household Hazardous Waste. The disposal service provided by such system shall constitute part of the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may impose additional fees and charges for new services relating to Source-Separated Household Hazardous Waste or with respect to cities which are not parties to an Agreement. The County may provide for the expansion, contraction or modification of the Source-Separated Household Hazardous Waste Disposal System and its services to the extent necessary to ensure the Waste Infrastructure System’s viability. (C) Designated Facilities. County and City will coordinate in determining the primary landfill used for disposal and processing of Controllable Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Waste Infrastructure System, its effect on the County’s ability to perform its obligations hereunder, and the County’s best estimate of the probable duration. The Department shall confirm such advice in writing within twenty four (24) hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the landfill used by the City as soon as possible. In the event a situation, event or circumstance results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Waste Infrastructure System the County shall have the right to redirect Controllable Waste to another landfill within the Waste Infrastructure System for the duration of the situation, event or circumstance; provided, however, that in such circumstances the County shall utilize reasonable efforts to first redirect waste which is not Controllable Waste. In no event shall the County be required to accept Controllable Waste if it does not have sufficient permitted disposal capacity within the Waste Infrastructure System. (D) Compliance with Service Covenant Not Excused for any Reason. Commencing on the

Commencement Date, and subject to the terms of this Agreement, the obligations of the County to duly observe and comply with the Service Covenant, in accordance with Applicable Law, shall apply continuously and without interruption for the Term of this Agreement. In the event that any Change in Law, situation, event or other Uncontrollable Circumstance impairs or precludes compliance with the Service Covenant by the means or methods then being employed by the County, the County shall use best efforts to implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law.

County failure to duly observe and comply with the Service Covenant due to its efforts to comply with Applicable Law, shall not constitute a breach under this Agreement, and shall excuse County performance to the extent necessary to comply with Applicable Law.

If the alternative or substitute means and methods proposed for the County to observe and comply with the Service Covenant are more costly than the previously used means and methods, County shall be entitled to a corresponding Contract Rate increase to cover any associated additional costs pursuant to the provisions of Section 4.2 of this Agreement.

SECTION 3.3 COUNTY RIGHT TO REFUSE WASTE.
(A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of:
(1) Hazardous Waste;
(2) Controllable Waste delivered at hours other than those provided in Section 3.5 hereof; (3) Waste that does not constitute Acceptable Waste;
(4) Acceptable Waste delivered by City but originating from or generated outside the jurisdiction of the City;
(5) Controllable Waste consisting primarily of construction and demolition debris or inert material which may cause a particular facility’s daily tonnage limit to be exceeded; (6) Acceptable Waste in excess of permitted limits; and (7) Acceptable Waste that would result in County violating Applicable Law. (B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Waste Infrastructure System, and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation, or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City shall forthwith remove or cause the removal of the entire delivery from the Waste Infrastructure System. The Department may take all reasonable measures to prevent waste from being blown or scattered before and during unloading. The City shall cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and regulations of the Department, and the provisions of this Agreement prohibiting the delivery of Unacceptable Waste to the Waste Infrastructure System.
(C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Waste Infrastructure System has not been designed or permitted to accept Hazardous Waste or Hazardous Substances, and is

not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste, Hazardous Material or Hazardous Substances. Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Waste Infrastructure System.

City shall be responsible for the costs of removal, and any regulatory fines, associated with the knowing delivery of any Hazardous Substances to the Waste Infrastructure System by the City or its Franchise Hauler. (D) Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or Hazardous Waste is discovered in a vehicle at any facility within the Waste Infrastructure System, the driver of the vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a facility within the Waste Infrastructure System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law. Whenever Hazardous Waste is detected at any facility within the Waste Infrastructure System, the Department shall take immediate action in accordance with Applicable Law.

SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE.

Commencing on the Commencement Date, the County in accordance with Applicable Law shall provide or cause to be provided the service of disposing of non-recycled Acceptable Waste originating or generated within the Unincorporated Area and, with respect to such material, shall comply with the Waste Disposal Covenant as if the County constituted a City subject to the Waste Disposal Covenant hereunder. Rates charged by the County for the disposal of each class of non-recycled Acceptable Waste generated in the Unincorporated Area shall be the same as the Contract Fee charged for the disposal of each class of Controllable Waste. The County shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant (with respect to non-recycled Acceptable Waste generated in the Unincorporated Area) against any challenge thereto, legal or otherwise, by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The County shall bear the cost and expense of any such Legal Proceeding or other challenge (with respect to non-recycled Acceptable Waste generated in the Unincorporated Area).

SECTION 3.5 MISCELLANEOUS OPERATIONAL MATTERS.
(A) Operating Hours. The County shall keep the Waste Infrastructure System open for the receiving of Acceptable Waste during such regular operating hours as may be established by the Department in the operating rules and regulations applicable to the Waste Infrastructure System. The County reserves the right to modify the operating days and hours to comply with Applicable law or as otherwise may be deemed necessary by the County. (B) Scales and Weighing. The Department shall operate and maintain permanent scales at the Waste Infrastructure System as required by Applicable Law. The Department shall weigh all vehicles delivering waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery.
(C) Service Coordinator. The County and the City each shall designate in writing thirty (30) days prior to the expected Commencement Date a person to transmit instructions, receive information and otherwise coordinate service matters arising pursuant to this Agreement (each a “Service Coordinator”). Either Party may designate a successor or substitute Service Coordinator at any time by notice to the other Party. (D) Review of Records. Each Party may review the other Party’s books and records with respect to matters relevant to the performance by either Party under this Agreement or otherwise related to the operation of the Waste Infrastructure System to the extent allowed under the California Public Records Act (interpreted as if the Parties to this Agreement were natural persons for purposes of the Public Records Act).

SECTION 3.6 OTHER USERS OF THE DISPOSAL SYSTEM.
(A) On or Before April 30, 2026, the County shall have the right to enter into WISE Agreements with Orange County entities with respect to Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the County, including other cities in the County, Special Districts, Sanitary Districts, Franchise Haulers and Independent Haulers. Agreements entered into during this period shall have terms

and provisions substantially identical to the terms and provisions of this Agreement; provided, however, that in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity). (B) After April 30, 2026, the County shall have the right to enter into WISE Agreements with Orange County entities, including any city, Special Districts, Sanitary Districts, Franchise Haulers and Independent Haulers, or otherwise accept Acceptable Waste from such parties, but only within the limitations contained in this Section. Any such agreement or waste acceptance agreement must provide that the party delivering waste shall pay a Disposal Rate at least 10% higher than the Contract Rate unless the County determines it is in the best interest of the Waste Infrastructure System to establish a Disposal Rate less than 10% higher than the Contract Rate. In no event shall the Disposal Rate be less than the Contract Rate. In addition, the County shall reserve the right in any such agreement to at any time, to the extent permitted by Applicable Law, refuse to receive and dispose of Acceptable Waste from any city, Special District, Sanitary District, Franchise Hauler and Independent Hauler if and to the extent that such receipt and disposal might materially and adversely affect the ability of the County to comply with its obligations to the Participating Cities under the WISE Agreements to which each is a party. (C) Posted Disposal Rate. The Posted Disposal Rate shall at all times be at least 10% higher than the Contract Rate.
(D) Self-Haulers. The City and the County acknowledge that Self-Haulers shall be entitled to deliver Self-Hauled Waste to the Waste Infrastructure System, on a non-contract basis, at the Posted Disposal Rate.

Such Self-Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate. (E) Receipt of Imported Acceptable Waste on a Contract Basis. The County shall have the right to enter into Importation Agreement(s) with any public or private entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Waste Infrastructure System and to generate Net Import Revenues. In no event shall such Importation Agreements, entered into after the Commencement Date, include a per ton tipping fee or Disposal Rate for Imported Acceptable Waste that is less than the Contract Rate. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable WISE Agreements throughout the Term thereof; and, should the delivery of waste subject to Importation Agreements adversely affect the County’s ability to receive and dispose of Controllable Waste from Participating Cities the County will prioritize receipt and disposal of Controllable Waste delivered pursuant to applicable WISE Agreements. (F) Application and Use of Revenues From Other Users.
(1) County Acceptable Waste: Throughout the Term hereof, all revenues received by the County from the disposal or processing of County Acceptable Waste into the Waste Infrastructure System (including Surcharges, and any and all fine, penalty, liquidated damages or other damages, grants, awards or revenue received by the County in connection with the Waste Infrastructure System), shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Waste Infrastructure System.
(2) Imported Acceptable Waste: Throughout the Term hereof, all revenues received by the County, pursuant to an Importation Agreement, for the disposal or processing of Imported Acceptable Waste into the Waste Infrastructure System (including Surcharges, and any and all fine, penalty, liquidated damages or other damages or revenue received by the County in connection with the Waste Infrastructure System), shall first be applied toward all of the costs attributable to the acceptance and management of such Imported Acceptable Waste into the Waste Infrastructure System. Costs attributable to the disposal of Imported Acceptable Waste include, but are not limited to, deposits to the Environmental Fund, deposits to closure and post-closure reserves, Host Fees (if applicable), incremental operating costs (such as manpower expenditures, equipment, services and supplies expenditures), State surcharges, regulatory fees, charges or penalties, and a pro rata share of capital project costs. Revenue remaining after costs attributable to the disposal and management of Imported Acceptable Waste shall be considered “Net Import Revenues” and shall be calculated and distributed as follows:
(i) Calculation: Net Import Revenues are estimated to be 30% of the revenues received