Hermosa Beach City Council
August 9, 2022

City Council
City of Hermosa Beach
Regular Meeting Agenda - Final
City Hall
1315 Valley Drive
Hermosa Beach, CA
90254
Mayor
Michael Detoy
Mayor Pro Tem
Raymond Jackson
Councilmembers
Stacey Armato
Mary Campbell
Justin Massey
Tuesday, August 9, 2022 5:00 PM
Hybrid virtual/in-person meetings are held pursuant to AB361 Closed Session - 5:00 PM
Open Session - 6:30 PM
1 City Council Regular Meeting Agenda - Final August 9, 2022

PUBLIC MEETING VIEWING OPTIONS

1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254

2. CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach

3. ZOOM - https://us02web.zoom.us/j/89968207828?
pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09

4. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825

5. YOUTUBE - https://www.youtube.com/c/CityofHermosaBeach90254

6. LIVE STREAM - www.hermosabeach.gov and visit the Agendas/Minutes/Videos page If you experience technical difficulties while viewing a meeting on any of our digital platforms, please try another viewing option. View City Council staff reports and attachments at www.hermosabeach.gov and visit the Agendas/Minutes/Video page. A printed agenda packet will be available in the Council Chambers foyer during the Council meeting.

Council Chambers WiFi:

Network ID: CHB-Guest
Password: chbguest
To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0204 or at [email protected] at least 48 hours before the meeting.

Written Communication
Persons who wish to have written materials included in the agenda packet at the time the agenda is published on the City's website must submit their written communication to the City Clerk’s office via email ([email protected]) or in person by noon on Tuesday, one week before the meeting date.

Supplemental communications may be submitted via eComment (see instructions below) or emailed to [email protected]. Supplemental materials must be received by 2:00 p.m. on the date of the meeting to be posted to the corresponding agenda item before the meeting begins. Supplemental materials submitted after 2:00 p.m. on the date of the meeting but before the meeting ends will be posted to the agenda packet the next business day.

City of Hermosa Beach Page 2 Printed on 3/25/2024
2 City Council Regular Meeting Agenda - Final August 9, 2022 Submit Supplemental eComments in three easy steps:

1. Go to Agendas/Minutes/Video webpage and select the meeting you would like to submit an eComment for. 2. Click the eComment button next to the agenda item you want to provide an eComment for.

3. Sign in to your SpeakUp Hermosa account or submit a comment as a guest. Enter your name and comment in the fields provided. You may attach files before submitting your comment if you have an account.

City of Hermosa Beach Page 3 Printed on 3/25/2024
3 City Council Regular Meeting Agenda - Final August 9, 2022 5:00 PM - CLOSED SESSION

CALL TO ORDER IN COUNCIL CHAMBERS

ROLL CALL

PUBLIC COMMENT ON THE CLOSED SESSION AGENDA
Hybrid meetings are held pursuant to AB361. Members of the public may email comments to [email protected] until 2:00 p.m. on the meeting date. Public comments are limited to 3 minutes per speaker.

The public is invited to attend public meetings and provide public comment.

1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254

2. ZOOM - https://us02web.zoom.us/j/89968207828?
pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09

3. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 Press *9 to raise your virtual hand and *6 to unmute your line when asked to do so.

RECESS TO CLOSED SESSION
a) 22-0488 MINUTES: Approval of minutes of Closed Session held on July 26, 2022. b) 22-0505 CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Labor Attorney Daphne M. Anneet and City Manager Employee
Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group
Teamsters Union, Local 911
Professional and Administrative Employee Group
Management Employee Group
Unrepresented Employee Group
c) 22-0490 CONFERENCE WITH LEGAL COUNSEL:

Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

Name of Case: Sephen Diamond v. City of Hermosa Beach
Case Number: 19STCV3417, Los Angeles County Superior Court City of Hermosa Beach Page 4 Printed on 3/25/2024
4 City Council Regular Meeting Agenda - Final August 9, 2022 d) 22-0491 CONFERENCE WITH LEGAL COUNSEL: Initiation of Litigation Government Code Section 54956.9(d)(4)
The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

Name of Potential Cases: 1
e) 22-0489 CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Mayor Detoy
Unrepresented
employee: City Manager

RECESS TO OPEN SESSION
City of Hermosa Beach Page 5 Printed on 3/25/2024
5 City Council Regular Meeting Agenda - Final August 9, 2022 6:30 PM - REGULAR AGENDA
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. CLOSED SESSION REPORT
V. ANNOUNCEMENTS: UPCOMING CITY EVENTS
VI. APPROVAL OF AGENDA
This is the time for the City Council to discuss any changes to the order of agenda items.

VII. PROCLAMATIONS/PRESENTATIONS
a) 22-0476 HERMOSA BEACH CITY SCHOOL DISTRICT

PRESENTATION ON E-BIKE SAFETY
VIII. CITY MANAGER REPORT
a) 22-0478 POLICE CHIEF UPDATE
IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC
Hybrid meetings are held pursuant to AB361. Members of the public may email comments to [email protected] or submit eComments through the Speak Up, Hermosa! portal until 2:00 p.m. on the meeting date. Public comments are limited to 3 minutes per speaker.

The public is invited to attend public meetings and provide public comment.

1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254

2. ZOOM - https://us02web.zoom.us/j/89968207828?
pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09

3. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 Press *9 to raise your virtual hand and *6 to unmute your line when asked to do so.

City of Hermosa Beach Page 6 Printed on 3/25/2024
6 City Council Regular Meeting Agenda - Final August 9, 2022 This is the time for members of the public to address the City Council on any items within the Council's jurisdiction and on items where public comment will not be taken (City Manager Reports, Written Communication, City Councilmember Comments, Consent Calendar items not pulled for separate consideration, and Future Agenda Items).

Public comments are limited to three minutes per speaker. This time allotment may be reduced due to time constraints at the discretion of the City Council. No action will be taken on matters raised in oral and written communications, except that the Council may take action to schedule issues raised in oral and written communications for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the City Manager. Members of the audience will have a future opportunity to speak on items pulled from the Consent Calendar for separate discussion, Public Hearings, and Municipal Matters when those items are heard.
a) 22-0479 WRITTEN COMMUNICATION
Recommendation: Staff recommends City Council receive and file the written communication.

X. CITY COUNCILMEMBER COMMENTS
a) 22-0480 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES

AND STANDING COMMITTEE DELEGATES/ALTERNATES
XI. CONSENT CALENDAR
a) 22-0481 WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA (City Clerk Myra Maravilla)
Recommendation: Staff recommends City Council:

1. Waive reading in full of all ordinances on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
b) REPORT
22-0482

CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
Recommendation: Staff recommends City Council approve the minutes of the City Council Meeting of Tuesday, July 26, 2022.
c) REPORT
22-0492

CHECK REGISTERS
(Finance Director Viki Copeland)
Recommendation: Staff recommends City Council ratify the following check registers. d) REPORT
22-0501

ACTION MINUTES OF THE CIVIL SERVICE BOARD
MEETING OF JUNE 15, 2022
Recommendation: Staff recommends City Council receive and file the action minutes of the Civil Service Board meeting of June 15, 2022.

City of Hermosa Beach Page 7 Printed on 3/25/2024
7 City Council Regular Meeting Agenda - Final August 9, 2022 e) REPORT
22-0428

LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY
REPORT FOR JUNE 2022
(Emergency Management Coordinator Brandy Villanueva)
Recommendation: Staff recommends City Council receive and file the June 2022 Fire and Ambulance monthly report.
f) REPORT
22-0483

FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS,
PURSUANT TO ASSEMBLY BILL 361
(City Clerk Myra Maravilla)
Recommendation: Staff recommends City Council authorize remote teleconference/virtual meetings of all City of Hermosa Beach legislative bodies in accordance with Assembly Bill 361 ("AB 361"), by finding that: (1) a statewide state of emergency is currently in place; (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and meeting in person would present imminent risks to the health or safety of attendees.
g) REPORT
22-0496

ACTION MINUTES OF THE PARKS, RECREATION AND

COMMUNITY RESOURCES ADVISORY COMMISSION
MEETING OF JULY 5, 2022
Recommendation: Staff recommends City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July 5, 2022. h) REPORT
22-0451

REJECT ALL BIDS AND AUTHORIZE TO RE-ADVERTISE
CIP NO. 601 PROSPECT AVENUE CURB RAMPS AND
CIP NO. 698 ADA IMPROVEMENTS
(Public Works Director Joe SanClemente)
Recommendation: Staff recommends City Council:

1. Reject all bids for CIP 601 Prospect Avenue Curb Ramps and CIP 698 ADA Improvements; and

2. Authorize staff to re-advertise the project.
i) REPORT
22-0494
SUBJECT: FINAL MAP NO. 82983 (C.U.P CON NO. 20-2, PDP NO, 20-5); LOCATION: 622 1st PLACE; APPLICANT(S): NICK LIND; REQUEST: TO ADOPT A RESOLUTION APPROVING

FINAL PARCEL MAP FOR A TWO-UNIT RESIDENTIAL

CONDOMINIUM PROJECT
(Community Development Director Jeannie Naughton)
Recommendation: Staff recommends City Council:

1. Adopt Resolution 22-XX (Attachment 1) approving Final Parcel Map No. 82983, which is consistent with the approved Vesting Tentative Parcel Map; and

2. Authorize the City Clerk to endorse the certificate for said map.

City of Hermosa Beach Page 8 Printed on 3/25/2024
8 City Council Regular Meeting Agenda - Final August 9, 2022 j) REPORT
22-0466
SUBJECT: FINAL PARCEL MAP NO. 82639 (C.U.P. CON 19-5,
PDP NO. 19-8) AND ACCEPTANCE OF EASEMENT DEDICATION
FOR SANITARY SEWER PURPOSES; LOCATION: 626
LONGFELLOW AVENUE; APPLICANT/PROPERTY OWNER:

MILTON STREET; RESIDENTIAL ACQUISITIONS REQUEST:

APPROVE FINAL PARCEL MAP NO. 82639 FOR A TWO-UNIT

ATTACHED RESIDENTIAL CONDOMINIUM PROJECT

AND ACCEPT THE EASEMENT DEED FOR A

SANITARY SEWER EASEMENT IN CONNECTION WITH THE
REDEVELOPMENT OF 626 LONGFELLOW AVENUE
(Public Works Director Joe SanClemente)
(Community Development Director Jeannie Naughton)
Recommendation: Staff recommends City Council:

1. Adopt Resolution 22-XX (Attachment 1) accepting the easement deed for a sanitary sewer easement in connection with the redevelopment of 626 Longfellow Avenue;

2. Authorize the City Manager to sign the Certificate of Acceptance (Attachment 5);

3. Adopt Resolution 22-XX (Attachment 6) approving Final Parcel Map No. 82639, which is consistent with the approved Vesting Tentative Parcel Map; and

4. Authorize the City Clerk to endorse the certificate for said map. k) REPORT
22-0484

VACANCIES-PUBLIC WORKS COMMISSION

UPCOMING EXPIRATION OF TERMS
(City Clerk Myra Maravilla)
Recommendation: Staff recommends City Council direct staff to immediately advertise and request applications from interested parties for two Public Works Commission Members for four-year terms ending October 31, 2026.
l) REPORT
22-0500

SOUTH BAY WORKFORCE INVESTMENT BOARD

QUARTERLY SUMMARY
Recommendation: Staff recommends City Council receive and file the Quarterly Summary from the South Bay Workforce Investment Board (SBWIB).

XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE

DISCUSSION
Items pulled from the Consent Calendar will be handled separately. Public comment will be taken before Council deliberation, and action on each item pulled from the Consent Calendar.

XIII. PUBLIC HEARINGS
XIV. MUNICIPAL MATTERS
City of Hermosa Beach Page 9 Printed on 3/25/2024
9 City Council Regular Meeting Agenda - Final August 9, 2022 a) REPORT
22-0486

APPOINTMENT TO CIVIL SERVICE BOARD
(City Clerk Myra Maravilla)
Recommendation: Staff recommends City Council appoint one new member to the Civil Service Board for a four-year term ending July 15, 2026.
b) REPORT
22-0502

CONSIDERATION OF A RESOLUTION ADOPTING A HISTORIC

RESOURCES PRESERVATION APPLICATION FEE WAIVER POLICY
(Community Development Director Jeannie Naughton)
Recommendation: Staff recommends City Council:

1. Consider approving a resolution (Attachment 1) adopting a Historic Resources Preservation Application Fee Waiver Policy pursuant to Hermosa Beach Municipal Code Chapter 17.53 (Historic Resources Preservation); and

2. If approved, provide staff direction as to the total number of waiver applications per fiscal year and/or the maximum dollar amount waived or direct costs to be absorbed by the City per application.
c) REPORT
22-0485

CONSIDERATION AND POSSIBLE INTRODUCTION ON

FIRST READING OF AN ORDINANCE OF THE

CITY OF HERMOSA BEACH, CALIFORNIA, ADDING
CHAPTER 5.80 OF THE HERMOSA BEACH MUNICIPAL

RELATING TO CANNABIS DELIVERY IN THE CITY AND
AMENDING SECTION 1.10.040 TO ADD THAT VIOLATIONS

ARE SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES
(City Manager Suja Lowenthal)
Recommendation: Staff recommends City Council:

1. Receive a report regarding cannabis delivery into the City;

2. Consider waiving full reading and introduce by title only an Ordinance of the City of Hermosa Beach, California, adding Chapter 5.80 of the Hermosa Beach Municipal Code relating to cannabis delivery into the City and amending Section 1.10.040 to add that violations of Chapter 5.80 are subject to administrative penalty procedures (Attachment 1); and

3. Provide staff with alternate or additional direction, if so desired. d) REPORT
22-0487

RULES GOVERNING THE SUBMITTAL OF

REBUTTAL ARGUMENTS FOR THE
NOVEMBER 8, 2022 BALLOT MEASURES
(City Clerk Myra Maravilla)
Recommendation: Staff recommends City Council consider whether to sign the rebuttal arguments corresponding to the four ballot measures or to yield its signature to another person using the Authorization for Another Person to Sign Rebuttal Argument Form (Attachment 1).

City of Hermosa Beach Page 10 Printed on 3/25/2024
10 City Council Regular Meeting Agenda - Final August 9, 2022 e) REPORT
22-0475
TERMINATION OF COOPERATIVE AGREEMENT 07-5108

BETWEEN THE CITY OF HERMOSA BEACH AND THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION (CALTRANS) CONCERNING
CIP 143 - PCH MOBILITY IMPROVEMENT PROJECT
(Public Works Director Joe SanClemente)
Recommendation: Staff recommends City Council:

1. Adopt a resolution approving a Termination Statement terminating Cooperative Agreement 07-5108 with the California Department of Transportation (Caltrans) concerning CIP 143 - PCH Mobility Improvement Project (Attachment 1); and

2. Authorize the Mayor to execute and the City Clerk to attest to the attached Cooperative Agreement Termination Statement (Attachment 2), subject to approval by the City Attorney.
f) REPORT
22-0493

APPROVAL OF FIRST AMENDMENT TO AGREEMENTS

FOR ON-CALL STAFF AUGMENTATION SERVICES

FOR COMMUNITY DEVELOPMENT
(Community Development Director Jeannie Naughton)
Recommendation: Staff recommends City Council:

1. Approve the proposed first amendment to an agreement with 4LEAF, Inc. for staff augmentation services to increase the not-to-exceed amount by $45,000, resulting in a total amended contract term of three years and a total not-to exceed amount of $75,000 (Attachment 3);

2. Approve the proposed first amendment to an agreement with Willdan Engineering for staff augmentation services to increase the not-to-exceed amount by $45,000, resulting in a total amended contract term of three years and a total not-to exceed amount of $75,000 (Attachment 4); and

3. Authorize the Mayor to execute and the City Clerk to attest the attached first amendments subject to approval by the City Attorney.
g) REPORT
22-0495

DESIGNATION OF VOTING DELEGATE & ALTERNATE FOR THE
LEAGUE OF CALIFORNIA CITIES 2022 ANNUAL CONFERENCE
(City Manager Suja Lowenthal)
Recommendation: Staff recommends City Council designate a Voting Delegate and an alternate for the League of California Cities Annual Business Meeting scheduled for Friday, September 9, 2022.

XV. FUTURE AGENDA ITEMS
This is the time for Councilmembers to schedule future agenda items and to ask questions about the status of previously approved future agenda items. No discussion, debate, or public comment will be taken. Councilmembers should consider the city's work plan when considering new items. The tentative future agenda items document is provided for information only. a) 22-0497 TENTATIVE FUTURE AGENDA ITEMS
XVI. ADJOURNMENT
City of Hermosa Beach Page 11 Printed on 3/25/2024
11 City Council Regular Meeting Agenda - Final August 9, 2022

FUTURE MEETINGS AND CITY HOLIDAYS
August 23, 2022 - Tuesday - No Meeting (Dark for Summer Break) September 1, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - Study Session
September 13, 2022 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
September 27, 2022 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
October 11, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
October 22, 2022 -Saturday - Adjourned Regular Meeting:
8:00 AM - City Council Retreat
October 25, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
November 3, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - Closed Session, 6:00 PM - Regular Meeting
November 8, 2022 - No meeting due to lack of quorum (General Election) November 22, 2022 - No meeting due to lack of quorum (Thanksgiving week) November 29, 2022 -Tuesday - Adjourned Regular Meeting:
5:00 PM - Closed Session, 6:00 PM - Regular Meeting (Installation of new officers) December 1, 2022 -Thursday - Adjourned Regular Meeting:
6:00 PM - Mayor Transition Ceremony & Reception
December 13, 2022 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
December 27, 2022 - Tuesday - No Meeting (Dark for WInter Break) August 16, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting September 6, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 20, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting September 21, 2022 - Wednesday - 6:00 PM - Public Works Commission Meeting October 6, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 18, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting November 1, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 15, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting November 16 - Wednesday - 6:00 PM - Public Works Commission Meeting December 6, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 20, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS:

September 5, 2022 - Monday - Labor Day
November 24, 2022 - Thursday - Thanksgiving Day
December 26, 2022 - Monday - Christmas Day (observed)
January 2, 2023 - Monday - New Year's Day (observed)
City of Hermosa Beach Page 12 Printed on 3/25/2024
12 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0488
Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of August 9, 2022
MINUTES: Approval of minutes of Closed Session held on July 26, 2022.

City of Hermosa Beach Page 1 of 1 Printed on 8/4/2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0505
Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of August 9, 2022

CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Labor Attorney Daphne M. Anneet and City Manager Employee
Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group
Teamsters Union, Local 911
Professional and Administrative Employee Group
Management Employee Group
Unrepresented Employee Group
City of Hermosa Beach Page 1 of 1 Printed on 8/4/2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0490
Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of August 9, 2022
CONFERENCE WITH LEGAL COUNSEL:

Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

Name of Case: Sephen Diamond v. City of Hermosa Beach
Case Number: 19STCV3417, Los Angeles County Superior Court City of Hermosa Beach Page 1 of 1 Printed on 8/4/2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0491
Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of July 26, 2022
CONFERENCE WITH LEGAL COUNSEL: Initiation of Litigation Government Code Section 54956.9(d)(4)
The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

Name of Potential Cases: 1
City of Hermosa Beach Page 1 of 1 Printed on 8/4/2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0489
Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of August 9, 2022

CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Mayor Detoy
Unrepresented
employee: City Manager
City of Hermosa Beach Page 1 of 1 Printed on 8/4/2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0476
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

HERMOSA BEACH CITY SCHOOL DISTRICT

PRESENTATION ON E-BIKE SAFETY
City of Hermosa Beach Page 1 of 1 Printed on 8/4/2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0478
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

POLICE CHIEF UPDATE
City of Hermosa Beach Page 1 of 1 Printed on 8/4/2022
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1 CITY MANAGER’S REPORT
August 9, 2022 City Council Meeting
Nomination Period for November 8 General Municipal Election Citizens interested in seeking election to the Hermosa Beach City Council this year have until this Friday, August 12th to file nomination papers. To accommodate interested parties, the City Clerk’s Office will be open and available on Friday, August 12th, from 8:00 a.m. to 5:00 p.m. for the close of the first nomination period. No other city services will be available to the public on that day.

If at least one incumbent does not file for re-election, the filing period would be extended to 5:00 p.m. on Wednesday, August 17th. Once finalized, the City Clerk will make the candidates’ election materials available on the website for public examination.

For more information about the November 8th General Municipal Election, please contact the Clerk’s office at [email protected] or at (310) 318-0204.

Public Works Commission Vacancies
The City Clerk’s office will soon begin accepting applications for two of the Public Works Commission terms ending on October 31st. Both vacancies are four-year terms of office that would begin November 1, 2022 and end October 31, 2026.

The Public Works Commission reviews and makes recommendations to the City Council on all capital improvement program projects and other matters referred to the Commission by the City Council.

If you are interested in serving on the Public Works Commission, please download an application packet from the Boards and Commissions webpage on the City’s website or contact our City Clerk for additional information.

Become a CERT-trained volunteer
Following a major disaster, public safety personnel may not be able to fully meet our community’s demands for help. Residents may have to rely on one another for their immediate life-saving and life-sustaining needs. This is where Community Emergency Response Team – or CERT – volunteers can make a difference.

Soon, we will host our first CERT Training sessions since the start of the COVID-19 pandemic. The training sessions will be held on Tuesday and Thursday nights, beginning September 13th and ending October 4th. For more information on how to register for CERT training and serve your community, please visit the City’s website. 20 2
Sketchers Project Construction Update -- Street Closure To accommodate the removal and replacement of the large construction crane at the Skechers Development Project in Hermosa Beach, Pacific Coast Highway near the project site will be reduced to three travel lanes – two northbound and one southbound – during the following three weekends: August 20th to August 21st, September 10th to September 11th, and September 17th to September 18th.

The lane closures will begin at 9:00 a.m. Saturday and end at 5:00 p.m. Sunday on each scheduled weekend. While we understand the impacts to our residents and visitors, the lane closures are necessary to safely accommodate the dismantling and erection of large construction cranes at the site. Two-way traffic flow will be allowed, but delays are possible so please consider alternate routes.

McCarthy Building Companies coordinated with the City Manager’s Office and Public Works Department to provide proper construction noticing to residents and businesses in the project vicinity. Construction notices were distributed 30 days in advance and staff will continue to distribute project information on the City’s website and via social media platforms.
26th Street One-Way Conversion
Public Works secured a contractor to complete the conversion of 26th Street, from Morningside Drive to Manhattan Avenue, to a one-way westbound street and to convert Morningside Drive, from Gould Avenue to 26th Street, to a one-way southbound street.

Work will take place between the hours of 7:00 a.m. and 5:00 p.m on August 15th through August 17th. Parking in the work zone will be prohibited during work hours and residents may utilize the Vista School lot during these times. Construction Notices were sent to neighborhood properties and project information and contacts are posted on the City’s website.

This project was recommended in the Neighborhood Transportation Management Plan and will help improve safety along 26th Street near Vista School.

Clark Field Reseeding
One of our loved public open spaces, the grass area at Clark Field, will be closed throughout the month of August for semi-annual seeding and fertilizing. We thank everyone for their patience and ask our community to please stay off the grass for this short period of time so it can properly rejuvenate.
21 3
Fall/Winter Recreation Classes
The Fall/Winter Recreation Brochure is now available and includes numerous classes, camps, and leagues for all ages to enjoy. Registration is now open for these programs so please visit the City’s website for more information about how to participate. 2023 Community Resources Application Period Opening
With 2023 just around the corner, our City’s Community Resources Department is already working hard to prepare annual events and awards. For those interested in utilizing the Community Theatre and 2nd Story Theatre in 2023, reservations are currently being accepted.

The City is also accepting applications for 2023 Surfers Walk of Fame Inductees. The nomination period is currently open and will close on September 15, 2022.

We will also begin accepting Special Event Applications on Thursday, August 11th, for all 2023 events. Additional information and application due dates are available on the City’s “Community Resources – Special Event Permits and Promotions” webpage or you can email [email protected] for more information.

Police Chief Update
With that, I’d like to turn it over to Chief LeBaron to provide his update. 22 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0479
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

WRITTEN COMMUNICATION
Recommended Action:

Staff recommends City Council receive and file the written communication.

Attachments:

1. Written Communication submitted by Anthony Higgins re: Sales Tax Ballot Measure

2. Written Communication submitted by Ben Harris re: Oversized Vehicle Policy

3. Written Communication submitted by Raymond Dussault re: Code Enforcement

4. SUPPLEMENTAL Written Communication submitted by Anthony Higgins re: Marijuana (submitted before the deadline)
City of Hermosa Beach Page 1 of 1 Printed on 8/5/2022
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From: tony higgins
To: City Clerk
Cc: Suja Lowenthal; Angela Crespi; Joseph SanClemente; Jeannie Naughton; DG_PlanningCommission; City Council Subject: Re: Approval of 3/4% tax increase
Date: Sunday, July 31, 2022 5:46:02 PM
One edit please.

On Jul 31, 2022, at 3:16 PM, tony higgins <[email protected]> wrote:

Dear City Clerk,
Please add this as a 2nd written communication to the next city council meeting.

Thank You,
Anthony Higgins

START WRITTEN COMMUNICATION
July 31, 2022
Dear City Council
The HB city manager is asking for another 3/4% sales tax increase justified because, and I quote from the Beach Reporter “”The city needs a guaranteed source of funding for essential city services and projects”.

No real detail was provided to the City Council or HB residents.

The decision on whether to support this tax increase is not rocket science:

Until the HB city manager can produce a detailed prioritized list of capital and operating budget services & projects and tell us which services and projects will or won’t get [done] if the tax is/isn’t approved, then residents should just say no.

And this standard should be applied to any city tax increase on the Nov 2022 ballot.

The prioritized list described above has never been provided to the city council in any staff report nor has the city council asked for it. No more tired generalizations and oversight failures. Our City Council and staff can and must do better.

Anthony Higgins

END WRITTEN COMMUNICATION
24 From: Ben Harris
To: City Clerk
Subject: eComment for meeting today - Oversized Vehicle Policy Date: Tuesday, July 26, 2022 11:46:07 AM
Hi. I've been trying to submit an eComment but cannot find the correct area to submit. In the FAQ it looks like I can send an email as an alternative. I hope this is acceptable to submit comment for the meeting today.

I'm a Hermosa Beach resident and homeowner. I'd like to raise an issue related to how the city manages oversize vehicle permits. I'm grateful the city has a policy and procedure for allowing oversized vehicles and I'd like to recommend an improved management process. I currently own an oversized vehicle that our family uses for vacation. The policy allows for 3 days to pack your vehicle which works fine. The issue is obtaining the permits and managing parking tickets due to the current process.

Today, oversized vehicle owners must contact the police department to obtain permits. The phone line is not usually staffed so we typically leave a message and get a call back within 24 hours. Thats great. But we then need to drive down to the police department to pick up the paper permits. Sometimes, they havent been printed yet and we need to come back, or the printer is broken. When leaving for a trip, its not too bad but does add to the time wasted in preparing for a trip. When returning from a trip, its very difficult to coordinate with the department and drive over to pick up the permits before parking on a city street. I've had several situations where we are unpacking the vehicle before the permits were available and within an hour, we walk out to the vehicle and it has a ticket. The process is difficult for all to manage with paper copies that can only be picked up at the police station.

The other issue is that residents are only allowed 1 permit per household. There are instances where I have two oversize vehicles I need to park for a few days and would like to request allowing up to 2 vehicles to be registered per household.

I'd like to request the city review the current process and look into a more electronic option.

All oversize vehicles are already registered with the license plate and could be looked up as registered before ticketing.

In closing, I do greatly appreciate having a restrictive oversize vehicle policy in our little beach town. We do not want to have people parking oversize vehicles for long periods of time and potentially living in them on the street. The request is to update the process to allow for electronic transfer of the permits or to allow license plates to act as the permit while maintaining the 3 day rule. Thanks for the consideration. I plan to attend the next meeting after the one on 7/26 to offer comment.

Thanks,
Ben Harris
25 From: Raymond Dussault
To: City Council; City Clerk; Myra Maravilla; Suja Lowenthal; Jeannie Naughton; Code Enforcement Subject: Hermosa Code Enforcement Weaponized to Harass Residents & Local Businesses Date: Monday, July 25, 2022 4:48:21 PM
Myra,
Please place this on the Agenda under public comments.

Dear Council & Staff Members:

I regularly patronize our local businesses. It puts me in a position to sometimes see and often hear about how our Code Enforcement is being used to harass local businesses.

Around five or six years ago, Nanette Barragan, Stacey Armato and Justin Massey weaponized code enforcement to attack local businesses. They pushed the department to write a flurry of tickets for a small restaurant hosting a board game night, a pizza place hosting a small comedy gathering (it had been going on for years prior), and fined Hennessey's for having a balloon arch on their 40th Anniversary. The community lashed back by attending City Council meetings, writing City Council and demanding the behavior be stopped.

The council and staff became known as "Fun Haters" and labeled "Project Footloose." After the outcry, the abuse tapered down. Now, under Suja's hand-picked friend and new Community Development Director, it appears City Staff is resurrecting the Fun Hating, Project Footloose again.

Things I've heard of recently:

Mia threatened to cite Tower 12 for patio lighting that predates the pandemic and improves the safety of the area of Loreto Plaza. The lighting was in place and commented on positively by some council members long before there was a patio there. (This indicates that Mia is not concerned with finding out if there is an actual violation, need or safety issue but merely makes up things she doesn't like and threatens to fine people. Terrible behavior.) I am aware of Vista's extended patio conversation but as part of that I heard they were told cornhole was not allowed because the "bean bags could be used as a deadly weapon." Of course this is prima facie ridiculous.

Likewise, I am aware of Hennessey's patio exceeding the agreed upon footprint. That is a legitimate issue. However, inside that fencing they put comfortable couches and tall Adirondack chairs to watch the sunset. It has been very popular and I sat there for the first time this weekend. It was so enjoyable to relax and chat with friends and neighbors as they passed. I commented on this to our server and was told, "Don't get used to it. Mia is claiming 'lounge' style furniture is illegal."
(At this point, I have to ask the obvious, has Mia been directed by the new director to harass any business where the patrons appear to be enjoying themselves? Because there's absolutely no overarching community benefit to harassing local business owners and residents in this manner.)
26 Many people have already commented on the ridiculousness of requiring restaurants to bring in their railings at 11PM every night, while simultaneously criticising how the furniture/boundaries look. I have heard that Hennessey's is also being harrassed for the height of its railing that absolutely beautified the Pier. Now while I'm sure this is technically correct, is it appropriate? There's no community benefit to forcing a change to the railing height. Zero.

I've heard that Code Enforcement has raised questions as to whether when music is being played should patrons be allowed to shuffle their feet (otherwise known as dancing). Where is the community benefit to this pettiness?
I've become aware that Mia has recently taken to wearing disguises to try and entrap businesses. She wears a hoodie to cover her city emblem, a pandemic mask to hide her face, and pulls the hoodie over her head. She then lurks in alleys to query employees taking out the trash on whether there's a DJ and when, or other petty issues. Sometimes she tries to surreptitiously film from outside businesses for no apparent reason. This behavior is incredibly inappropriate.

I heard that Silvios was fined for painting angel wings on the wall to beautify the trashy alley next to their business. Why??? What is the point? What is the community benefit to this level of harassment?
I heard Hennessey's is being harassed because they painted toucans on their building. Which look pretty cool and livened up the exterior!
Other beach communities use Code Enforcement for health & safety and if there is a complaint. (I know this for a fact because I called several of them.) Why is ours weaponized to harass local businesses over really petty BS?
If there is not a very clear, unmistakable violation, no business should be cited. And before Mia even raises an issue, she should absolutely have the clearly stated regulation in front of her. It should never be, "Harass first, check if I'm right later." This should never be based on Mia's idea of what she'd like to write tickets for. Even if there is a violation, the goal should be to work with businesses not block beneficial innovations. And the question should always be, "Is there a serious reason to address this?" Even businesses that try to work with the City are being treated terribly. Patrick Molloy's is helping to keep live music alive in the South Bay. This is a difficult task when many younger patrons are drawn to DJs. They asked staff about installing a small, 4-6 inch riser for the band to play on (otherwise known as a stage). They were told they'd have to give up hours to do that. THAT IS INARGUABLY INSANE!
Please do something to calm down this absolute hate City Staff has been guided to develop for our community.

Thank you.
--
Raymond Dussault
Hermosa Beach, CA 90254
27 Phone: (916) 205-1844
28 From: tony higgins
To: City Clerk
Subject: Fwd: edit 1st written communication
Date: Monday, August 1, 2022 8:05:43 PM
From: tony higgins <[email protected]>
Date: August 1, 2022 at 1:39:00 PM PDT
To: City Council <[email protected]>
Subject: Fwd: edit 1st written communication
Begin forwarded message:

START WRITTEN

COMMUNICATION
Dear Councilmembers
Re: Pot Shops
Please tell the people the truth,
the council, staff and many
residents believe it’s better for
Hermosa & Manhattan Beach to
push the feared pot shop
problems into poorer
communities and onto their
29 children not ours; even if it does
have a slight stench of privilege,
prejudice and elitism.

The teen pot use argument is a
compelling red herring. Don’t
take the bait. Teen pot use is an
educational issue.

Those teens that don’t buy into
this education will still get their
pot, maybe from the Sinaloa
Crime Family instead.

Finally consider that any tax
that is not applied to our local
bars and cannabis shops equally
is not a fair tax and the city
shouldn’t be gaslighting the
public into believing this
analysis was done. Instead
councilmen were either looking
at how other city’s were taxing
pot or just pulling numbers out
of their hats. Neither has
anything to do with fair-share.

That’s why I was amazed when
in the July 26th city Council
meeting, according to the Beach
Reporter, our city manager
justified the Pot Tax by saying:

We just want the pot stores to
pay their fair share for city
resources
Clearly cannabis and alcohol
sold at our local bars are both
roughly equivalent recreational
drug; and everyone knows that
our bars suck up substantial city
resources.

If “fair share” is truly the
city’s argument then why
doesn’t staff provide data that
supports that claim and
recommend taxing pot shops
local bars and nightclubs an
30 equivalent rate.

And until a fair-share analysis
can be done and presented to
the public the Pot-Tax initiative
should be pulled; unless the
goal of a fair-share articulated
by our city manager in the last
council meeting was just more
gaslighting.

Anthony Higgins
END
31 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0480
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES

AND STANDING COMMITTEE DELEGATES/ALTERNATES
City of Hermosa Beach Page 1 of 1 Printed on 8/4/2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0481
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA
(City Clerk Myra Maravilla)
Recommended Action:

Staff recommends City Council:

1. Waive reading in full of all ordinances on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

City of Hermosa Beach Page 1 of 1 Printed on 3/25/2024
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0482
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
Recommended Action:

Staff recommends City Council approve the minutes of the City Council Meeting of Tuesday, July 26, 2022.

Attachments:

1. July 26, 2022 - Regular Meeting Minutes
Respectfully Submitted by: Myra Maravilla, City Clerk
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 3/25/2024
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City Hall
1315 Valley Drive
Hermosa Beach, CA
90254
City of Hermosa Beach
Meeting Minutes
City Council
Mayor
Michael Detoy
Mayor Pro Tem
Raymond Jackson
Councilmembers
Stacey Armato
Mary Campbell
Justin Massey
Tuesday, July 26, 2022 4:00 PM

CALL TO ORDER IN COUNCIL CHAMBERS
Mayor Detoy called to order the Closed Session at 4:00 p.m.

ROLL CALL
Mayor Detoy, Mayor Pro Tempore Jackson, Councilmember Armato, and Councilmember Massey

Present: 4 -

Absent: 1 - Councilmember Campbell
City Clerk Maravilla announced a quorum.

Councilmember Campbell was absent during Roll Call, but arrived and attended the Closed Session.

PUBLIC COMMENT ON THE CLOSED SESSION AGENDA
Public Comment provided Virtually:

Matt McCool
Kent Allen

RECESS TO CLOSED SESSION
a) 22-0463 MINUTES: Approval of minutes of Closed Session held on July 12, 2022. b) 22-0464 CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Labor Attorney Daphne M. Anneet and City Manager Employee
Organizations: Hermosa Beach Police Officers’ Association City of Hermosa Beach Page 1 Printed on 8/2/2022
35 City Council Meeting Minutes July 26, 2022
Police Management Bargaining Group
Teamsters Union, Local 911
Professional and Administrative Employee Group
Management Employee Group
Unrepresented Employee Group
c) 22-0465 CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Mayor Pro Tem Jackson and Councilmember Campbell Unrepresented
employee: City Manager
d) 22-0470 CONFERENCE WITH LEGAL COUNSEL: Initiation of Litigation Government Code Section 54956.9(d)(4)
The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.

Name of Potential Cases: 1
City of Hermosa Beach Page 2 Printed on 8/2/2022
36 City Council Meeting Minutes July 26, 2022
6:00 PM - REVISED OPEN SESSION - ADDITION OF CONSENT CALENDAR ITEM M I. CALL TO ORDER
Mayor Detoy called to order the Open Session meeting at approximately 6:30 p.m.

II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Sheryl Main.

III. ROLL CALL
Mayor Detoy, Mayor Pro Tempore Jackson, Councilmember Armato, Councilmember Campbell, and Councilmember Massey

Present: 5 -

Absent: 0
City Clerk Myra Maravilla announced a quorum.

IV. CLOSED SESSION REPORT
City Attorney Michael Jenkins had no reportable action and announced the City Council would reconvene into Closed Session after Open Session.

V. ANNOUNCEMENTS: UPCOMING CITY EVENTS
Mayor Detoy announced upcoming events: July Mayor's Event, International Surf Festival, and the Chamber of Commerce Sidewalk Sale.

VI. APPROVAL OF AGENDA
A motion was made by Councilmember Armato, seconded by Councilmember Campbell to approve the Agenda. The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
VII. PROCLAMATIONS / PRESENTATIONS
a) 22-0414 SOUTHERN CALIFORNIA EDISON

ANNUAL RELIABILITY REPORT
Representatives Robert Brambila, South Bay District Manager, Sal Ramirez, Local Public Affairs, Anthony Escamilla, and Jae Lee from Southern California Edison presented the Annual Reliability Report.

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37 City Council Meeting Minutes July 26, 2022
VIII. CITY MANAGER REPORT
City Manager Suja Lowenthal announced the City receiving $2.3 million from the recently approved California State Budget for pier funds, summarized the Housing Initiative Court event in collaboration with Redondo Beach, summering safely in Hermosa Beach, CERT-training volunteers, the street conversion of 26th Street to become a westbound one-way street, and lastly, provided an update on the ongoing personnel recruitment in the City of Hermosa Beach.

City Manager Lowenthal invited the new employees, Brian Sousa and David Wilson, to introduce themselves to the City Council. a) 22-0468 POLICE CHIEF UPDATE
Chief LaBaron gave a Police update.

Councilmember Massey inquired regarding the City's Restroom Renovation Project.

City Manager Suja Lowenthal and City Attorney Michael Jenkins responded to Councilmember Massey's question.

Councilmember Campbell made comments regarding the CERT Training.

IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM

THE PUBLIC
Public Comments provided in-person:

Trent Larson
Grant Ibrahim
Carolyn Petty
Liz Ramirez
Kieran Harrington
Ray Dussault
Sheryl Main
Dean Francois
Public Comments provided virtually:

Kent Allen
Matt McCool
Anthony Trujillo
a) 22-0447 WRITTEN COMMUNICATION
A motion was made by Councilmember Armato, seconded by Councilmember Massey to receive and file the written communication. The motion carried by the following vote:

City of Hermosa Beach Page 4 Printed on 8/2/2022
38 City Council Meeting Minutes July 26, 2022

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
X. CITY COUNCILMEMBER COMMENTS
a) 22-0448 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES

AND STANDING COMMITTEE DELEGATES/ALTERNATES
Mayor Detoy requested a CIP project list update.

Public Works Director SanClemente gave an update regarding the CIP project list.

Mayor Pro Tem Jackson made comments regarding street safety.

Mayor Detoy made comments regarding his attendance at the Sister City event on Sunday at Valley Park.

Councilmember Armato made comments regarding the handicap parking space and her decision to not seek re-election.

City Manager Lowenthal responded to Councilmember Armato's questions.

Councilmember Campbell made comments regarding her decision to not seek re-election.

Councilmember Massey made comments regarding eComments.

City Manager Lowenthal responded to Councilmember Massey's questions.

XI. CONSENT CALENDAR
Approval of the Consent Calendar
A motion was made by Councilmember Armato, seconded by Mayor Pro Tempore Jackson, to approve the Consent Calendar. The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
a) REPORT
22-0469

WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA
(City Clerk Myra Maravilla)
City of Hermosa Beach Page 5 Printed on 8/2/2022
39 City Council Meeting Minutes July 26, 2022
A motion was made to approve recommendation on the Consent Calendar. b) REPORT
22-0449

CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
A motion was made to approve recommendation on the Consent Calendar. c) REPORT
22-0442

CHECK REGISTERS
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar. d) REPORT
22-0423
REVENUE REPORT, COVID-19 REVENUE TRACKING REPORT,

EXPENDITURE REPORT, AND CIP REPORT BY PROJECT
FOR MARCH, APRIL, AND MAY 2022
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar. e) REPORT
22-0387
CITY TREASURER’S REPORT AND CASH BALANCE REPORT
(City Treasurer Karen Nowicki)
A motion was made to approve recommendation on the Consent Calendar. f) REPORT
22-0459

CANCELLATION OF CERTAIN CHECKS
(City Treasurer Karen Nowicki)
A motion was made to approve recommendation on the Consent Calendar. g) REPORT
22-0453

CAPITAL IMPROVEMENT PROGRAM STATUS REPORT
AS OF JULY 13, 2022
(Public Works Director Joe SanClemente)
A motion was made to approve recommendation on the Consent Calendar. h) REPORT
22-0427

ACTION MINUTES OF THE PUBLIC WORKS COMMISSION
MEETING OF May 18, 2022
(Public Works Director Joe SanClemente)
A motion was made to approve recommendation on the Consent Calendar. i) REPORT
22-0440

ACTION MINUTES OF THE PLANNING COMMISSION
REGULAR MEETING OF JULY 19, 2022
(Community Development Director Jeannie Naughton)
A motion was made to approve recommendation on the Consent Calendar.

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40 City Council Meeting Minutes July 26, 2022
j) REPORT
22-0439

PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS
(Community Development Director Jeannie Naughton)
A motion was made to approve recommendation on the Consent Calendar. k) REPORT
22-0450

FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS,
PURSUANT TO ASSEMBLY BILL 361
(City Clerk Myra Maravilla)
A motion was made to approve recommendation on the Consent Calendar. l) REPORT
22-0457

APPROVAL OF FIRST AMENDMENT TO AGREEMENT

TO PROVIDE BALLOT MEASURE DEVELOPMENT

AND COMMUNICATION SERVICES WITH LEW EDWARDS GROUP
(City Manager Suja Lowenthal)
A motion was made to approve recommendation on the Consent Calendar. m) REPORT
22-0472

ADOPTION OF AN ORDINANCE OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING SECTIONS 13.12.010 OF THE

HERMOSA BEACH MUNICIPAL CODE RELATING TO THE ANNUAL

SEWER SERVICE CHARGE
(City Clerk Myra Maravilla)
A motion was made to approve recommendation on the Consent Calendar.

XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE

DISCUSSION
There were no Consent Calendar items removed for separate discussion.

XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.

There were no Public Hearings.

XIV. MUNICIPAL MATTERS
a) REPORT
22-0310

AWARD A CONTRACT FOR CROSSING GUARD
SERVICES TO ALL CITY MANAGEMENT SERVICES, INC.
(Police Chief Paul LeBaron)
Community Services Manager Peter Alstrom presented the staff report.

There were no Public Comments for this item.

Councilmember Massey made comments regarding the City's ongoing recruitment efforts.

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41 City Council Meeting Minutes July 26, 2022
Chief LeBaron responded to Councilmember Massey's comments.

A motion was made by Councilmember Armato, seconded by Councilmember Campbell to award a contract for crossing guard services to All City Management Services, Inc. at an hourly rate of $29.91 per hour for a term of one year beginning June 26, 2022 and ending June 30, 2023 with an option to extend for two additional one-year periods; and appropriate an additional $20,000 from the Proposition C Fund to cover the estimated contract cost for the 2022-23 school year; and authorize the Mayor to execute and the City Clerk to attest the proposed agreement subject to approval by the City Attorney. The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
b) REPORT
22-0426

CONSIDERATION OF PLACING A LOCAL CONTROL CITY
SERVICES MEASURE ON THE NOVEMBER 8, 2022 GENERAL

MUNICIPAL ELECTION BALLOT ASKING THE VOTERS TO

APPROVE A GENERAL TRANSACTIONS AND USE TAX (SALES
TAX or TUT) AT THE RATE OF THREE QUARTER CENT (3/4¢)
(City Manager Suja Lowenthal)
City Manager Suja Lowenthal presented the staff report.

Councilmember Massey had questions regarding a sales tax.

Mayor Detoy made comments regarding the resident/visitor breakdown; the average cost per person and per household; and the impact on small businesses and Measure O.

City Manager Suja Lowenthal and Finance Director Vicki Copeland responded to Mayor Detoy's comments.

Public Comment provided in-person:

Carolyn Petty
Ray Dussault
Daniel Godwin
Dean Francois
Trent Larson
Brian Dunne
Jeff Raedy
Public Comment provided virtually:

Megg Sulzinger
Matt McCool
Laura Pena
City of Hermosa Beach Page 8 Printed on 8/2/2022
42 City Council Meeting Minutes July 26, 2022
The City Council made comments on long-term various reasons for supporting the sales tax and discussed why it is a good investment for the City of Hermosa Beach.

Councilmember Armato recommended Councilmember Massey and Mayor Detoy author the argument in favor.

A motion was made by Councilmember Massey, seconded by Councilmember Armato to adopt a Resolution for the placement of a locally controlled general tax measure on the ballot for the November 8, 2022 General Municipal Election for the submission to the qualified voters of an ordinance to enact a General Transactions and Use Tax (Sales Tax or TUT) at the rate of three quarter cent (3/4) and requesting the Board of Supervisors render the election consolidation services adopted in Resolution No. 22-7317 for this measure. The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
A motion was made by Councilmember Massey, seconded by Councilmember Armato to adopt a Resolution setting priorities for filing a written Argument and Rebuttal Argument regarding an ordinance to enact a general Transactions and Use Tax (Sales Tax or TUT) at the rate of three-quarter cent (3/4) to be submitted to voters at the General Municipal Election to be held on Tuesday, November 8, 2022, and directing the City Attorney to prepare the impartial analysis, and directing Mayor Detoy and Councilmember Massey to author the argument in favor and authorize the five (5) members of the City Council to sign the argument prepared. The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
c) REPORT
22-0443

ADOPT RESOLUTIONS PLACING THE CANNABIS INITIATIVE,

SUBMITTED BY INITIATIVE PETITION, TO
REPEAL THE CITY’S BAN ON CANNABIS BUSINESSES

AND ALLOWS BY CITY-APPROVED PERMIT

UP TO TWO CANNABIS RETAIL STOREFRONT BUSINESSES,

INCLUDING HOME DELIVERY FROM THOSE STORES ON THE
NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION BALLOT
(City Clerk Myra Maravilla)
City Manager Suja Lowenthal presented the staff report.

City Council had questions regarding the ballot measure and rebuttals.

City Attorney Michael Jenkins summarized the process for submitting the ballot measure arguments and rebuttals.

Public Comment provided in-person:

City of Hermosa Beach Page 9 Printed on 8/2/2022
43 City Council Meeting Minutes July 26, 2022
Carolyn Petty
Heidi Swan
Andrea Valcourt
Trent Larson
Public Comment provided virtually:

Kent Allen
Councilmember Massey had questions about potentially lifting the ban on the delivery of the cannabis argument in favor of cannabis tax measure, rebuttals, and adding language to the affirmative statement.

Councilmember Armato made comments regarding rebuttals.

City Clerk Maravilla summarized the process for delivering the impartial analysis to argument writers and for submitting rebuttals The City Council agreed to place their rebuttal argument on August 9, 2022 agenda to discuss various stakeholders and the delivery ordinance.

A motion was made by Councilmember Campbell, seconded by Councilmember Armato to adopt a Resolution calling for the placement of a measure, submitted by initiative petition, on the ballot for the November 8, 2022 General Municipal Election for the submission to the qualified voters of an ordinance to repeal the City's ban on cannabis businesses and allows by City-approved permit up to two cannabis retail storefront businesses including home delivery from those stores and requesting the Board of Supervisors render the election consolidation services adopted in Resolution No. 22-7317 for this measure. The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
A motion was made by Councilmember Armato, seconded by Mayor Pro Tempore Jackson to adopt a Resolution setting priorities for filing a written argument and rebuttal argument regarding the cannabis initiative to repeal the City's existing ban on cannabis businesses and allows by City-approved permit up to two cannabis retail storefront businesses including home delivery from those stores to be submitted to voters at the General Municipal Election to be held Tuesday, November 8, 2022 and directing City Attorney to prepare the impartial analysis; and directing Mayor Detoy and Mayor Pro Tem Jackson to author the argument against and authorize the five (5) members of the City Council to sign the argument prepared. The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
d) REPORT
22-0455

CONSIDERATION OF PLACING A MEASURE ON THE NOVEMBER
8, 2022 GENERAL MUNICIPAL ELECTION BALLOT ASKING
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44 City Council Meeting Minutes July 26, 2022

VOTERS TO APPROVE A LOCAL BUSINESS TAX ON CANNABIS

BUSINESSES OPERATING WITHIN THE CITY OF HERMOSA

BEACH SHOULD CANNABIS BUSINESSES BE ALLOWED TO

OPERATE IN THE CITY
(City Manager Suja Lowenthal)
City Manager Lowenthal presented the staff report.

Councilmember Campbell made comments regarding the potential approval of the tax measure.

City Manager Lowenthal summarized the City's current taxes and the potential tax measure.

Public Comment provided in-person:

Carolyn Petty
Andrea Valcourt
Heidi Swan
Public Comment provided virtually:

Matt McCool
Laura Pena
The City Council made comments regarding the ballot initiative; lifting the band on the delivery of cannabis ordinance; the various tax rates; tax measure education; and sales tax.

City Attorney Jenkins and City Manager Lowenthal responded to City Council's comments.

A motion was made by Councilmember Massey, seconded by Councilmember Campbell adopt a Resolution calling for the placement of a measure on the ballot for the November 8, 2022 General Municipal Election for the submission to the qualified voters of an ordinance adding Chapter 3.48 to Title 3 (Revenue and Finance) of the Hermosa Beach Municipal Code, establishing a tax of up to 10% on cannabis businesses operating within the City of Hermosa Beach and requesting the Board of Supervisors render the election consolidation services adopted in Resolution No. 22-7317 for this measure. The motion carried by the following vote:

Aye: 4 - Jackson, Armato, Campbell, and Massey
No: 1 - Mayor Detoy

Absent: 0
A motion was made by Councilmember Massey, seconded by Councilmember Armato to adopt a resolution setting priorities for filing a written argument and rebuttal argument regarding a proposed ordinance adding Chapter 3.48 to Title 3 (Revenue and Finance) of the Hermosa Beach Municipal Code, establishing a tax City of Hermosa Beach Page 11 Printed on 8/2/2022
45 City Council Meeting Minutes July 26, 2022
up to 10% on cannabis businesses operating within the City of Hermosa Beach to be submitted to voters at the General Municipal Election to be held Tuesday, November 8, 2022, and direct City Attorney to prepare the impartial analysis and directing Councilmember Massey and Councilmember Campbell to author the argument in favor and authorize the four (4) members of the City Council and adding a fifth signature in place of Mayor Detoy to sign the argument prepared.

The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
A motion was made by Councilmember Armato, seconded by Mayor Pro Tempore Jackson motion to extend the City Council meeting to 11:20 p.m. The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
ae) REPORT
22-0456

CONSIDERATION OF PLACING A MEASURE ON THE NOVEMBER
8, 2022 GENERAL MUNICIPAL ELECTION BALLOT ASKING
VOTERS TO REPEAL ORDINANCE NO. N.S. 211, ADOPTED IN 1960,

ESTABLISHING A PERSONNEL SYSTEM FOR THE CITY
(City Manager Suja Lowenthal)
City Manager Lowenthal presented the staff report.

Public Comment provided virtually:

Matt McCool
A motion was made by Councilmember Armato, seconded by Councilmember Massey to adopt a Resolution for the placement of a measure on the ballot for the November 8, 2022 General Municipal Election for the submission to the qualified voters of an ordinance to repeal Ordinance No. N.S. 211 adopted in 1960 pertaining to the City's Civil Service System and requesting the Board of Supervisors render the election consolidation services adopted in Resolution No. 22-7317. The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey

Absent: 0
A motion was made by Councilmember Armato, seconded by Mayor Pro Tempore Jackson Adopt Resolution setting priorities for filing a written argument and rebuttal argument regarding an ordinance to repeal Ordinance No. N.S. 211 adopted in 1960 pertaining to the City's Civil Service System to be submitted to voters at the General Municipal Election to be held Tuesday, November 8, 2022, and directing the City Attorney to prepare the impartial analysis; and directing Mayor Detoy and Mayor Pro Tem Jackson to author the argument in favor and authorize the five (5) members of the City Council to sign the argument prepared.

The motion carried by the following vote:

Aye: 5 - Mayor Detoy, Jackson, Armato, Campbell, and Massey City of Hermosa Beach Page 12 Printed on 8/2/2022
46 City Council Meeting Minutes July 26, 2022

Absent: 0
XV. FUTURE AGENDA ITEMS
a) 22-0461 TENTATIVE FUTURE AGENDA ITEMS
Councilmember Massey confirmed that the ordinance to consider lifting the ban on the delivery of cannabis will be on the City Council August 9, 2022 meeting. XVI. ADJOURNMENT
The City Council recessed to Close Session at 11:17 p.m.

The City Council reconvened from Closed Session at 12:25 a.m.

City Attorney Michael Jenkins announced that there was no reportable action.

The meeting adjourned at 12:30 a.m. to the meeting of August 9, 2022 at 4:15 p.m. for the interview of Civil Service Commission applicants.

City of Hermosa Beach Page 13 Printed on 8/2/2022
47 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0492
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

CHECK REGISTERS
(Finance Director Viki Copeland)
Recommended Action:

Staff recommends City Council ratify the following check registers.

Attachments:

1. Check Register 7/13/2022

2. Check Register 7/20/2022

3. Check Register 7/27/2022
Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 3/25/2024
powered by Legistar™ 48
07/13/2022
Check Register

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1 4:32:20PM
Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100169 7/13/2022 21696 ACCESS, INC. 1025 ADA CONSULT/GREENBELT/DEC21-JAN22 301-8602-4201 1,850.00
1033 ADA CONSULT/GREENBELT/JAN22
301-8602-4201 925.00
21696 Total : 2,775.00
100170 7/13/2022 11437 ADMINISTRATIVE SERVICES CO OP 220623 TAXI VOUCHER PROGRAM - CARDS/JUN22 145-3404-4201 1,805.79
145-3853 -89.00
11437 Total : 1,716.79
100171 7/13/2022 17965 AMGRAPH GROUP, INC 13742011 INSTALL FLAGS FOR 4TH OF JULY 001-1101-4319 2,660.00
17965 Total : 2,660.00
100172 7/13/2022 13361 AT&T MOBILITY 287301168383X0710202 EMERGENCY MANAGER CELL PHONE/JUN22 001-1201-4304 49.25
13361 Total : 49.25
100173 7/13/2022 17271 BARROWS, PATRICK PO 37839 INSTRUCTOR PYMT/CLASSES THRU 6.30.22 001-4601-4221 2,452.80
17271 Total : 2,452.80
100174 7/13/2022 16371 BEACH GIRL PROPERTIES LLC 279 PARKING METERS@70 14TH ST/JUL22 001-3842 650.00
16371 Total : 650.00
100175 7/13/2022 21282 BEEDY, JIM PO 37860 REIMBURSEMENT-GENERATOR PARTS 715-2101-4311 340.94
21282 Total : 340.94
100176 7/13/2022 20942 BEST BEST & KRIEGER LLP 939196 CITY ATTNY SVS/GENERAL/JUN22 001-1131-4201 19,083.00
939197 CITY ATTNY SVS/PUB RECORDS REQ/JUN22
001-1131-4201 3,474.50
939198 CITY ATTNY/ADA/DISABILITY ISSUES/JUN22
001-1203-4201 430.50
939199 CITY ATTNY SVS/LAND USE/JUN22
001-1131-4201 5,801.50
Attachment 149
07/13/2022
Check Register

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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100176 7/13/2022 20942 BEST BEST & KRIEGER LLP (Continued) 939200 CITY ATNY/GREENWICH UNDERGROUNDING/JUN22
001-2142 635.50
939201 CITY ATTNY SVS/ROTH V TRAN/JUN22
705-1133-4201 10,890.20
939202 CITY ATTNY SVS/FANGARY V CITY HB/JUN22
705-1133-4201 5,982.40
939203 CITY ATTNY SVS/MUZATKO V CITY HB/JUN22
705-1133-4201 25,161.45
939204 CITY ATTNY SVS/HBPO ASSOC/JUN22
705-1133-4201 3,726.92
939205 CITY ATTNY SVS/ICRMA V CITY HB/JUN22
705-1133-4201 1,221.50
939206 CITY ATTNY SVS/HUMAN RESOURCES/JUN22
001-1203-4201 2,765.00
939207 CITY ATTNY SVS/TELECOMMUNICATIONS/JUN22
001-1131-4201 1,512.50
939208 CITY ATTNY SVS/REAL ESTATE/JUN22
001-1131-4201 210.00
939209 CITY ATTNY SVS/PW CONSTRUCTION/JUN22
001-1131-4201 3,272.50
20942 Total : 84,167.47
100177 7/13/2022 06409 BLUE DIAMOND MATERIALS 2766507 MAT REQ 768962/SHEET ASPHALT 001-3104-4309 104.50
06409 Total : 104.50
100178 7/13/2022 00262 CALIFORNIA MARKING DEVICE 7037 MAT REQ 583964 STAMPS 001-2101-4305 50.37
00262 Total : 50.37
100179 7/13/2022 21720 CAPITAL WHOLESALE LIGHTING Acct 3449 ELECTRICAL MAINT SUPPLIES/JUN22 105-2601-4309 539.16
21720 Total : 539.16
100180 7/13/2022 16786 CI TECHNOLOGIES INC 10157 INTERNAL AFFAIRS SOFTWARE RENEWAL 153-2106-4201 1,298.92
16786 Total : 1,298.92
50 07/13/2022
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Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100181 7/13/2022 20627 COMMERCIAL BUILDING MANAGEMENT 68999 CITYWIDE JANITORIAL MAINT/JUN22 001-4204-4201 6,861.00
157-2702-4201 4,296.44
20627 Total : 11,157.44
100182 7/13/2022 09436 COMPLETES PLUS Cust#284080 VEHICLE MAINT/REPAIR PARTS/JUN22 715-2101-4311 236.87
715-2601-4311 87.64
715-3104-4311 298.19
715-3302-4311 203.45
715-4206-4311 35.84
715-6101-4311 153.10
09436 Total : 1,015.09
100183 7/13/2022 20781 COUNTY OF LOS ANGELES C0010514 FIRE PROTECTION SERVICES/AUG22 001-2202-4251 517,606.67
180-2202-4251 3,588.52
301-2202-5601 31,643.11
20781 Total : 552,838.30
100184 7/13/2022 20668 DUNCAN SOLUTIONS, INC. 1008149 CITATION PAYMENT SYSTEM FEES/JUN22 001-1204-4201 3,820.55
20668 Total : 3,820.55
100185 7/13/2022 07853 EMPIRE PIPE CLEANING AND EQUIP 12295 HOT SPOT CLEANING/JUN22 160-8421-4201 16,341.25
07853 Total : 16,341.25
100186 7/13/2022 17096 ESA PCR 175623 CONSTRUCTION MONITORING MAY-JUN22 001-2101 1,340.00
17096 Total : 1,340.00
100187 7/13/2022 21458 FAIRFIELD COMPUTER SERVICES 2022-1365 DOG LICENSING SOFTWARE JUL22-JUN23 001-1204-4201 900.00
21458 Total : 900.00
100188 7/13/2022 16932 FAMILY THEATRE INC PO 37844 INSTRUCTOR PAYMENT CLASS NO.10136 001-4601-4221 1,134.00
16932 Total : 1,134.00
51 07/13/2022
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Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100189 7/13/2022 19884 FRONTIER 310-318-0113-1203155 EOC ANALOG LINES/JUL22 715-1206-4304 1,279.41
310-318-8751-0128095 CASHIER TAP LINES/JUL22
001-1204-4304 57.78
19884 Total : 1,337.19
100190 7/13/2022 22096 GALLATIN INVESTIGATIONS 2022-0004 BACKGROUND INVESTIGATIONS/POLYGRAPHS 001-2101-4201 5,797.33
22096 Total : 5,797.33
100191 7/13/2022 01318 GAMETIME PJI-0171564 REPLACEMENT SLIDE/VALLEY PARK 001-6101-4309 7,767.98
001-6101-4309 617.22
01318 Total : 8,385.20
100192 7/13/2022 22650 GLASMAN, MICHAEL PO 37824 DEPOSIT/BALANCE REFUND FOR CASH KEYS 001-3851 54.75
22650 Total : 54.75
100193 7/13/2022 10836 GRAINGER 9367760965 HYDRAULIC DRIVER SET 105-2601-4309 1,307.30
105-2601-4309 124.19
9367760973 MAT REQ 768822/CROWD CONTROL BARRICADE
001-3104-4309 559.37
10836 Total : 1,990.86
100194 7/13/2022 14589 GRANICUS INC 143032 COMM CLOUD SETUP/WEBSITE CUSTOMIZATION 001-1201-4201 9,447.05
14589 Total : 9,447.05
100195 7/13/2022 06518 HAYER CONSULTANTS INC 4237 PLAN CHECKS FEB22-MAY22 001-4201-4201 20,494.36
06518 Total : 20,494.36
100196 7/13/2022 15141 HONDA MD INC, STEPHAN T 00142240 DETAINEE BLOOD DRAW/JUN22 001-2101-4201 439.40
15141 Total : 439.40
100197 7/13/2022 21002 HULME, JUDITH A. Parcel 4161 031 004 STREET LIGHT & SEWER TAX REBATE/FY22 001-6871 126.60
52 07/13/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100197 7/13/2022 21002 HULME, JUDITH A. (Continued)
105-3105 24.61
21002 Total : 151.21
100198 7/13/2022 21849 INTERWEST CONSULTING GROUP INC 79509 CIP 669-CONSTRUCTION MGMT/MAY22 301-8669-4201 20,500.00
79833 CIP 669-CONSTRUCTION MGMT/JUN22
301-8669-4201 22,875.00
21849 Total : 43,375.00
100199 7/13/2022 19314 IPS GROUP INC INV73269 PARKING METER CREDIT CARD FEES/JUN22 001-3302-4201 19,957.86
19314 Total : 19,957.86
100200 7/13/2022 12162 JOL DESIGN Mat req 987492 VALLEY PARK DAY CAMP SHIRTS 001-4601-4201 2,996.47
12162 Total : 2,996.47
100201 7/13/2022 21552 K9 SERVICES LLC HBPD-30 K9 OFFICER MAINT TRAINING/JUN22 170-2105-4317 250.00
21552 Total : 250.00
100202 7/13/2022 07847 LUIKS, LUDOVICA Parcel 4187 013 011 STREET LIGHT & SEWER TAX REBATE/FY22 001-6871 126.60
105-3105 24.61
07847 Total : 151.21
100203 7/13/2022 00289 MCA DIRECT LLC 2022137 ELECTION MATERIALS 001-1121-4251 215.50
001-1121-4251 33.97
00289 Total : 249.47
100204 7/13/2022 18071 MERCHANTS LANDSCAPE SERVICES 60142 CITYWIDE LANDSCAPING SVS/JUN22 001-6101-4201 21,200.00
60143 MEDIANS/PARKWAY LANDSCAPE SVS/JUN22
105-2601-4201 3,600.00
18071 Total : 24,800.00
100205 7/13/2022 21660 MILLER PLANNING ASSOCIATES LLC 20007-0622-19 ZONING/SUBDIV ORDINANCE UPDATES/JUN22 001-4105-4201 9,255.00
53 07/13/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100205 7/13/2022 21660 MILLER PLANNING ASSOCIATES LLC (Continued) Total : 9,255.00 100206 7/13/2022 12055 MINUTEMAN PRESS 29780 BUSINESS CARDS 001-1208-4305 1,063.00
001-1208-4305 100.99
12055 Total : 1,163.99
100207 7/13/2022 21033 NV5, INC 271354 SEWER IMPROVEMENT SVS/MAR-APR22 160-8421-4201 980.00
275331 SEWER LEVY ASSISTANCE/MAY22
160-3102-4201 1,050.00
277375 SEWER IMPROVEMENT SVS/MAY22
160-8421-4201 1,260.00
21033 Total : 3,290.00
100208 7/13/2022 13114 ODP BUSINESS SOLUTIONS, LLC 246984963001 FILE FOLDERS 001-1121-4305 12.17
247800548001 MAT REQ 838528/OFFICE SUPPLIES
001-4101-4305 55.46
248476780001 MAT REQ 838528/OFFICE SUPPLIES
001-4101-4305 41.25
249325133001 MAT REQ 583968/OFFICE SUPPLIES
001-2101-4305 88.01
252619335001 MAT REQ 838529/OFFICE SUPPLIES
001-4101-4305 2.29
252858081001 MAT REQ 838529/OFFICE SUPPLIES
157-2702-4305 44.45
001-4101-4305 44.02
157-2702-4305 4.23
001-4101-4305 4.17
253033243001 MAT REQ 583962/OFFICE SUPPLIES
001-2101-4305 93.93
253607628001 MAT REQ 987437/OFFICE SUPPLIES
001-4601-4305 59.74
13114 Total : 449.72
100209 7/13/2022 08878 PARADISE AWARDS 28339 RETIREMENT PLAQUES 001-1203-4201 2,550.00
001-1203-4201 242.25
54 07/13/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100209 7/13/2022 08878 PARADISE AWARDS (Continued) Total : 2,792.25 100210 7/13/2022 22613 PRO BACKFLOW TESTING SERVICES 28604 BACKFLOW REPAIRS 125-8548-4201 3,015.00
22613 Total : 3,015.00
100211 7/13/2022 17676 PRUDENTIAL OVERALL SUPPLY Cust #12754-05 YARD UNIFORMS,TOWELS&MATS/JUN22 001-2101-4309 99.24
001-3104-4309 72.54
001-3302-4309 89.34
001-4202-4314 419.73
001-4204-4309 175.08
715-4206-4309 59.64
17676 Total : 915.57
100212 7/13/2022 18530 RALPH ANDERSEN & ASSOCIATES INV-03788 COMPENSATION STUDY-APR 2022 001-1203-4201 13,250.00
18530 Total : 13,250.00
100213 7/13/2022 04800 RAY, JAY VINCENT PO 37849 INSTRUCTOR PYMT/CLASSES THRU 7.1.22 001-4601-4221 10,156.36
PO 37884 INSTRUCTOR PYMT CLASSES THRU 7.8.22
001-4601-4221 3,818.19
04800 Total : 13,974.55
100214 7/13/2022 13255 RED SECURITY GROUP, LLC 76324 MAT REQ 939003 4 DUPLICATE KEYS 001-4204-4309 26.28
76341 MAT REQ 939004 1 DUPLICATE KEY
001-4204-4309 5.48
13255 Total : 31.76
100215 7/13/2022 22419 ROBERT HALF TALENT SOLUTIONS 60273102 CREDIT FOR WEEK ENDING 6.10.22 001-2101-4102 -151.20
60287646 TEMP ADMIN ASSIST/WEEK ENDING 7.1.22
001-2101-4102 1,864.80
22419 Total : 1,713.60
100216 7/13/2022 10864 ROYAL TRUCK BODY INC. 0622626-IN VISE BRACKET FOR WORK TRUCK 715-2601-4311 389.88
715-2601-4311 39.97
55 07/13/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100216 7/13/2022 10864 ROYAL TRUCK BODY INC. (Continued) 0622627-IN VISE BRACKET FOR WORK TRUCK
715-6101-4311 389.88
715-6101-4311 39.97
10864 Total : 859.70
100217 7/13/2022 16425 SAFEWAY INC VONS Acct 150882 GROCERY STORE SUPPLIES/JUN22 001-4601-4308 20.10
001-4601-4317 38.06
Acct 150882 GROCERY STORE SUPPLIES/JUL22
001-4601-4308 103.47
16425 Total : 161.63
100218 7/13/2022 10418 SCOTT, TERRY Parcel 4183 023 019 SEWER & STREET LIGHT TAX REBATE/FY22 001-6871 126.60
105-3105 24.61
10418 Total : 151.21
100219 7/13/2022 17903 SHERWIN-WILLIAMS Cust#4251-1921-1 PAINTING SUPPLIES/JUNE22 001-3104-4309 491.36
715-4204-4201 969.45
17903 Total : 1,460.81
100220 7/13/2022 10532 SOUTH BAY FORD Acct#1732 VEHICLE REPAIR/MAINT PARTS/JUN22 715-2101-4311 737.28
10532 Total : 737.28
100221 7/13/2022 00159 SOUTHERN CALIFORNIA EDISON CO 700382668983 ELECTRICITY/JUN22 001-3104-4303 1,030.37
001-4204-4303 1,568.47
105-2601-4303 2,912.86
00159 Total : 5,511.70
100222 7/13/2022 17799 SOUTHWEST PIPELINE 1005-07 SEWER IMPROVEMENTS/MAR-MAY22 160-8421-4201 290,623.24
17799 Total : 290,623.24
100223 7/13/2022 18036 SPORTS CAMP MANAGEMENT PO 37852 INSTRUCTOR PYMT/CLASSES THRU 7.1.22 001-4601-4221 20,923.64
56 07/13/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100223 7/13/2022 18036 SPORTS CAMP MANAGEMENT (Continued) Total : 20,923.64 100224 7/13/2022 14019 SUNSTATE EQUIPMENT CO LLC 10905557-001 MAT REQ 768837/LIGHT RENTAL JULY 4TH 001-3301-4201 642.14
10905564 MAT REQ 768838/LIGHT RENTAL JULY 4TH
001-3301-4201 292.14
14019 Total : 934.28
100225 7/13/2022 16921 SUPER SOCCER STARS PO 37853 INSTRUCTOR PAYMENT CLASS 10059 001-4601-4221 1,890.00
16921 Total : 1,890.00
100226 7/13/2022 22203 SWA GROUP INC 189863 PLANTING/IRRIGATION DESIGN/MAR22 301-8669-4201 5,226.39
190214 PLANTING/IRRIGATION DESIGN/APR22
301-8669-4201 9,200.00
22203 Total : 14,426.39
100227 7/13/2022 22642 USRO AIR SYSTEMS INC. 17011635 AC UNIT FOR SERVER ROOM AT CITY HALL 715-4204-4201 6,943.00
22642 Total : 6,943.00
100228 7/13/2022 03209 VERIZON WIRELESS 9906640553 PD TRUNK MODEMS/APR22 153-2106-4201 1,000.51
9908965968 PD TRUNK MODEMS/MAY22
153-2106-4201 1,000.39
03209 Total : 2,000.90
100229 7/13/2022 01206 ZUMAR INDUSTRIES INC 97184 MAT REQ 583779/STREET SIGN MAINTENANCE 001-3104-4309 813.91
01206 Total : 813.91
751734 7/8/2022 13838 PITNEY BOWES INC Check run 7.13.22 POSTAGE METER REFILL/JUL22 001-1208-4305 1,000.00
13838 Total : 1,000.00
62 Vouchers for bank code : boa Bank total : 1,223,518.32 62 Vouchers in this report Total vouchers : 1,223,518.32 57 07/13/2022
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Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
"I hereby certify that the demands or claims covered by the checks listed on pages 1 to 10 inclusive, of the check
register for 7/13/2022 are accurate funds are available for payment, and are in conformance to the budget."
By
Finance Director
Date 7/13/22
58 07/20/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100230 7/20/2022 21696 ACCESS, INC. 1038 PW INSPECTION SVS/3.23.22-6.28.22 001-4202-4201 5,180.00
21696 Total : 5,180.00
100231 7/20/2022 20197 AMERICAN ARBOR CARE 64507 ARBORIST CONSULTATIONS/JUN22 001-6101-4201 250.00
20197 Total : 250.00
100232 7/20/2022 17291 ARTHUR J GALLAGHER & CO INS 7327518 CATASTROPHE INSURANCE PREMIUM FY23 705-1210-4201 34,013.65
17291 Total : 34,013.65
100233 7/20/2022 17271 BARROWS, PATRICK PO 37907 INSTRUCTOR PAYMENT CLASSES THRU 7.15.22 001-4601-4221 2,604.00
17271 Total : 2,604.00
100234 7/20/2022 17562 BOWEN, TIMOTHY D PO 37908 INSTRUCTOR PAYMENT CLASSES THRU 7.15.22 001-4601-4221 4,046.00
17562 Total : 4,046.00
100235 7/20/2022 00163 BRAUN LINEN SERVICE Acct 70664 INMATE LAUNDRY/JUN22 001-2101-4306 286.16
00163 Total : 286.16
100236 7/20/2022 00262 CALIFORNIA MARKING DEVICE 7043 MAT REQ 987443/NAMEPLATES 001-4601-4305 62.42
7044 MAT REQ 768836 /NAMEPLATE
001-4202-4305 20.81
7050 MAT REQ 768841/NAMEPLATE HOLDER
001-4202-4305 13.14
00262 Total : 96.37
100237 7/20/2022 09632 CDWG BF72341 REPLACEMENT PC'S/6 DELL OPTIPLEX3090 715-1206-4201 5,384.48
715-1206-4201 505.59
BG75138 IPAD FOR PW INSPECTOR
001-4202-4201 2,405.93
001-4202-4201 227.53
BG80405 REPLACEMENT PC'S/13 DELL OPTIPLEX3090
Attachment 2 59
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Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100237 7/20/2022 09632 CDWG (Continued)
715-1206-4201 11,666.40
715-1206-4201 1,095.45
BH26192 REPLACEMENT PC'S/5 DELL OPTIPLEX3090
715-1206-4201 4,487.12
715-1206-4201 421.33
BJ81521 DUAL MONITORS FOR CASHIER DEPT
715-1206-4201 1,119.00
715-1206-4201 98.33
09632 Total : 27,411.16
100238 7/20/2022 22403 CUSICK, ALAN Citation#37017974 CITATION REFUND - DISMISSED 001-3302 63.00
22403 Total : 63.00
100239 7/20/2022 17920 CWE CORPORATION 22282 LOT C REPAIR PLANS/MAY 22 301-8699-4201 2,172.04
17920 Total : 2,172.04
100240 7/20/2022 00364 DEPARTMENT OF JUSTICE 589601 MAT REQ 973995/FINGERPRINTING/JUN22 001-1203-4251 576.00
00364 Total : 576.00
100241 7/20/2022 18263 DIV OF THE STATE ARCHITECT PO 36912 SB 1186 3RD QTR CASP FEE 001-6851 273.20
PO 37211 SB 1186 4TH QTR CASP FEE
001-6851 223.20
18263 Total : 496.40
100242 7/20/2022 16829 DPN SYSTEMS 22-019-A CPR TRAINING FOR STAFF 001-1201-4317 330.00
16829 Total : 330.00
100243 7/20/2022 16742 EPIC BUSINESS ESSENTIALS, LLC SI00457855 MAT REQ 479152/OFFICE SUPPLIES 001-3302-4305 36.73
16742 Total : 36.73
100244 7/20/2022 20842 FLORES, ANTHONY PO 37895 SUMMER 2022 TUITION REIMBURSEMENT 001-2101-4317 877.03
60 07/20/2022
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Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100244 7/20/2022 20842 FLORES, ANTHONY (Continued) Total : 877.03 100245 7/20/2022 15573 FONTIS VINV34752 CITATION NOTICE POSTCARDS 001-1204-4305 860.00
001-1204-4305 72.39
15573 Total : 932.39
100246 7/20/2022 19884 FRONTIER 310-372-6373-0311045 PERSONNEL FAX LINE/JUL22 001-1203-4304 66.69
19884 Total : 66.69
100247 7/20/2022 22655 G & G GENERAL CONTRACTOR 8010 WINDSCREEN INSTALLATION@CLARK FIELD 715-4204-4201 9,500.00
22655 Total : 9,500.00
100248 7/20/2022 22096 GALLATIN INVESTIGATIONS 2022-0005 BACKGROUND CHECKS/POLYGRAPHS 001-2101-4201 4,592.34
22096 Total : 4,592.34
100249 7/20/2022 20756 GHD, INC. 380-0016167 PIER REPAIR PROJECT/JUN22 122-8629-4201 4,143.75
20756 Total : 4,143.75
100250 7/20/2022 10836 GRAINGER 9374957513 MAT REQ 768839/MAINTENANCE SUPPLIES 001-3301-4309 14.43
9376526738 MAT REQ 768839/MAINTENANCE SUPPLIES
001-3301-4309 43.52
9376526746 MAT REQ 768839/MAINTENANCE SUPPLIES
001-3301-4309 85.68
10836 Total : 143.63
100251 7/20/2022 13330 HAJOCA CORPORATION Cust#U577562 PLUMBING SUPPLIES/JUN22 001-4204-4309 339.88
13330 Total : 339.88
100252 7/20/2022 20974 HAWTHORNE ELECTRIC SUPPLY 331674 MAT REQ 939005/ELECTRICAL SUPPLIES 001-4204-4309 563.95
20974 Total : 563.95
100253 7/20/2022 11001 ICRMA 4292 LIABILITY PROGRAM ASSESSMENT YEAR 6/10 61 07/20/2022
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Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100253 7/20/2022 11001 ICRMA (Continued)
705-1209-4201 163,276.83
4312 ANNUAL INSURANCE PREMIUMS 22/23
705-1209-4201 1,217,534.00
705-1217-4201 254,930.00
705-1210-4201 64,496.00
705-1209-4201 5,000.00
705-1210-4201 11,567.00
11001 Total : 1,716,803.83
100254 7/20/2022 05356 JOHN L HUNTER AND ASSOC INC HB1MS412205 MUNI STORM WATER PROG ADMIN/MAY22 161-3109-4201 11,631.25
HB1MS412206 MUNI STORM WATER PROG ADMIN/JUN22
161-3109-4201 14,896.25
05356 Total : 26,527.50
100255 7/20/2022 13840 JOHN M CRUIKSHANK, INC. 000017393 MUNI PIER ASSESSMENT SVS/APR22 191-8629-4201 729.00
000017455 MUNI PIER ASSESSMENT SVS/MAY22
191-8629-4201 1,458.00
000017561 MUNI PIER ASSESSMENT SVS/JUN22
191-8629-4201 1,458.00
13840 Total : 3,645.00
100256 7/20/2022 00151 LA CO SHERIFFS DEPARTMENT 223406BL MAT REQ 583971/INMATE MEALS/JUN22 001-2101-4306 202.15
00151 Total : 202.15
100257 7/20/2022 20347 LAURA MECOY COMMUNICATIONS LLC 2150 PUBLIC INFORMATION OFFICER SVS/JUN22 001-1201-4201 5,857.63
157-2702-4201 1,342.37
20347 Total : 7,200.00
100258 7/20/2022 22299 LAW OFFICE OF C PATRICK HAMBLI 6063 FILE 9009-003 APRIL SERVICES 001-1203-4201 486.75
22299 Total : 486.75
100259 7/20/2022 19487 M6 CONSULTING INC 2182 PLAN CHECKS/JUN22 001-4202-4201 5,272.50
62 07/20/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100259 7/20/2022 19487 M6 CONSULTING INC (Continued) Total : 5,272.50 100260 7/20/2022 20898 MCCORMICK AMBULANCE 268426 AMBULANCE TRANSPORT SVS/MAY22 001-1201-4201 35,100.00
269955 AMBULANCE TRANSPORT SVS/JUN22
001-1201-4201 31,050.00
20898 Total : 66,150.00
100261 7/20/2022 13114 ODP BUSINESS SOLUTIONS, LLC 251051357001 MAT REQ 987439/OFFICE SUPPLIES 001-4601-4305 59.74
253267475001 MAT REQ 987440/OFFICE SUPPLIES
001-4601-4305 13.12
253268419001 MAT REQ 987440/OFFICE SUPPLIES
001-4601-4305 48.45
253436540001 MAT REQ 987441/OFFICE SUPPLIES
001-4601-4305 54.75
253961464001 MAT REQ 987438/OFFICE SUPPLIES
001-4601-4305 44.45
253961909001 MAT REQ 987438/OFFICE SUPPLIES
001-4601-4305 32.54
13114 Total : 253.05
100262 7/20/2022 19485 OPENGOV INC INV00007651 ONLINE BUDGET BOOK SOFTWARE - FY23 001-1202-4201 9,692.00
19485 Total : 9,692.00
100263 7/20/2022 14693 PARS 50924 ALT RETIREMENT PLAN ADMIN FEES/MAY22 001-1101-4185 6.48
001-1204-4185 0.61
001-3302-4185 3.00
001-4204-4185 5.62
001-4101-4185 6.28
001-4201-4185 6.28
001-4601-4185 100.70
14693 Total : 128.97
100264 7/20/2022 20016 PINEDA, LUIS PO 37914 SUMMER 2022 TUITION REIMBURSEMENT 001-2101-4317 1,836.01
20016 Total : 1,836.01
63 07/20/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100265 7/20/2022 01911 PROVIDENCE MEDICAL Guarantor600000285 MAT REQ 973997 PRE-EMPLOYMENT PHYSICALS 001-1203-4320 3,696.00
01911 Total : 3,696.00
100266 7/20/2022 19904 PSYCHOLOGICAL CONSULTING ASSOC 525684 PRE-EMPLOYMENT EVAL-DIGENOVA 001-1203-4201 440.00
19904 Total : 440.00
100267 7/20/2022 22179 RACE COMMUNICATIONS RC704515 DEDICATED INTERNET SERVICE/JUL22 715-1206-4201 1,020.00
22179 Total : 1,020.00
100268 7/20/2022 04800 RAY, JAY VINCENT PO 37915 INSTRUCTOR PAYMENT CLASSES THRU 7.15.22 001-4601-4221 5,318.73
04800 Total : 5,318.73
100269 7/20/2022 08837 REDONDO BEACH, CITY OF 575584 DIESEL FUEL PURCHASES/APR22 715-2201-4310 697.54
715-3102-4310 314.04
575585 DIESEL FUEL PURCHASES/MAY22
715-2201-4310 1,609.37
715-3102-4310 188.19
575586 DIESEL FUEL PURCHASES/JUN22
715-2201-4310 965.47
08837 Total : 3,774.61
100270 7/20/2022 20932 RICHIE, JOHNATHAN PO 37916 INSTRUCTOR PAYMENT CLASSES THRU 7.13.22 001-4601-4221 2,835.00
PO 37917 INSTRUCTOR PAYMENT CLASSES THRU 7.24.22
001-4601-4221 6,195.00
20932 Total : 9,030.00
100271 7/20/2022 22419 ROBERT HALF TALENT SOLUTIONS 60354346 TEMP ADMIN ASSISTANT/WEEK ENDING 7.8.22 001-2101-4102 1,512.00
22419 Total : 1,512.00
100272 7/20/2022 16970 RYDER, LISA R PO 37556 GREEN BUSINESS PROGRAM SVS/APR-JUN22 001-1201-4201 6,000.00
16970 Total : 6,000.00
64 07/20/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100273 7/20/2022 18335 SHAW HR CONSULTING INC 004416 SVS REGARDING A. LOPEZ 001-1203-4201 70.00
18335 Total : 70.00
100274 7/20/2022 07158 SIEMENS INDUSTRY INC 5620040403 TRAFFIC SIGNAL MAINT/JUN22 001-3104-4201 1,081.58
07158 Total : 1,081.58
100275 7/20/2022 19829 SITEONE LANDSCAPE SUPPLY, LLC Cust#129138 LANDSCAPING SUPPLIES/JUN22 001-6101-4309 1,672.89
19829 Total : 1,672.89
100276 7/20/2022 00170 SOCAL GAS 170-781-3287 9 YARD CNG STATION FUEL/JUN22 715-3104-4310 175.61
715-4204-4310 175.60
715-6101-4310 175.60
00170 Total : 526.81
100277 7/20/2022 00159 SOUTHERN CALIFORNIA EDISON CO 700057262780 ELECTRICITY/JUN22 105-2601-4303 60.07
700156101336 ELECTRICITY/JUN22
001-4204-4303 18,725.78
001-6101-4303 394.27
700222378305 ELECTRICITY/JUN22
001-6101-4303 2,784.95
700234897163 ELECTRICITY/JUN22
001-3304-4303 4,707.70
700304673105 ELECTRICITY/JUN22
160-3102-4201 82.77
700313445137 ELECTRICITY/JUN22
105-2601-4303 13,738.70
700338055956 ELECTRICITY/JUN22
001-4204-4303 1,569.21
700371314327 ELECTRICITY/JUN22
105-2601-4303 125.12
00159 Total : 42,188.57
100278 7/20/2022 00146 SPARKLETTS 447278 071422 COMMUNITY RES WATER DELIVERY 001-4601-4305 170.22
65 07/20/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100278 7/20/2022 00146 SPARKLETTS (Continued) Total : 170.22 100279 7/20/2022 18036 SPORTS CAMP MANAGEMENT PO 37918 INSTRUCTOR PAYMENT CLASSES THRU 7.8.22 001-4601-4221 10,665.46
PO 37919 INSTRUCTOR PAYMENT CLASSES THRU 7.15.22
001-4601-4221 16,815.92
18036 Total : 27,481.38
100280 7/20/2022 10098 SPRINT Acct 551834312 COMMUNITY RESOURCES/CELL PHONES/JUN22 001-4601-4304 101.70
10098 Total : 101.70
100281 7/20/2022 15901 TRANSTECH ENGINEERS, INC 20214807 WIRELESS PLAN CHECKS/FEB22 PROJ20885 001-4202-4201 560.00
20214808 WIRELESS PLAN CHECKS/FEB22 PROJ20887
001-4202-4201 280.00
20214809 WIRELESS PLAN CHECKS/FEB22 PROJ20888
001-4202-4201 280.00
20216396 WIRELESS PLAN CHECKS/MAY22 PROJ220309
001-4202-4201 420.00
20216397 WIRELESS PLAN CHECKS/MAY22 PROJ220310
001-4202-4201 420.00
20216398 WIRELESS PLAN CHECKS/MAY22 PROJ220311
001-4202-4201 420.00
20216399 WIRELESS PLAN CHECKS/MAY22 PROJ220538
001-4202-4201 700.00
20216692 WIRELESS PLAN CHECKS/MAY22 PROJ220513
001-4202-4201 1,890.00
20216830 WIRELESS PLAN CHECKS/JUN22 PROJ220677
001-4202-4201 420.00
20216831 WIRELESS PLAN CHECKS/JUN22 PROJ220678
001-4202-4201 840.00
15901 Total : 6,230.00
100282 7/20/2022 22619 U.S. BANK, L.A. LOCKBOX #511649 PO 37920 RETIREMENT CONTRIBUTIONS6.16.22-6.30.22 001-1101-4112 63.60
001-1121-4112 171.72
001-1201-4112 22.50
001-4202-4112 253.29
66 07/20/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100282 7/20/2022 22619 U.S. BANK, L.A. LOCKBOX #511649 (Continued) 001-4601-4112 514.85
001-2101-4112 28.97
22619 Total : 1,054.93
100283 7/20/2022 20204 VILLANUEVA, BRANDY PO 37904 EOC SUPPLIES 001-1201-4305 102.33
20204 Total : 102.33
100284 7/20/2022 13359 WITTMAN ENTERPRISES LLC 2205062 AMBULANCE TRANSPORT BILLING/MAY22 001-1202-4201 2,756.93
13359 Total : 2,756.93
55 Vouchers for bank code : boa Bank total : 2,051,147.61 55 Vouchers in this report Total vouchers : 2,051,147.61 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 9 inclusive, of the check
register for 7/20/2022 are accurate funds are available for payment, and are in conformance to the budget."
By
Finance Director
Date 7/20/22
67 07/27/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100285 7/27/2022 22664 ANNEX SOLA ELECTRIC E22-00102 PERMIT REFUND-WORK NOT COMPLETE 001-3205 113.60
22664 Total : 113.60
100286 7/27/2022 00321 AT&T 960-461-1985 555 7 PD COMPUTER CIRCUITS/JUL22 001-2101-4304 240.41
00321 Total : 240.41
100287 7/27/2022 13361 AT&T MOBILITY 287298411168X0710202 PD/CSO CELL PHONES/JUN22 001-2101-4304 1,532.88
001-3302-4304 85.16
13361 Total : 1,618.04
100288 7/27/2022 21022 AXON ENTERPRISES, INC. INUS083315 BODY WORN CAMERA BUNDLE & LICENSE 153-2106-5401 2,389.34
715-2101-5401 1,495.69
21022 Total : 3,885.03
100289 7/27/2022 18263 DIV OF THE STATE ARCHITECT PO 37927 2ND QUARTER CASP FEE PAYMENT 001-6851 258.80
18263 Total : 258.80
100290 7/27/2022 17868 DONNOE & ASSOCIATES, INC 9491 COMM SVS OFFICER TEST RENTAL 7/6-7/20/22 001-1203-4201 770.00
17868 Total : 770.00
100291 7/27/2022 00181 EASY READER HD22-019 TO HD22-030 MAT REQ 638682/LEGAL ADS/MAY22 001-1121-4323 1,357.16
HD22-031 TO HD22-035 MAT REQ 638680/LEGAL ADS/JUN22
001-1121-4323 560.64
00181 Total : 1,917.80
100292 7/27/2022 01962 FEDERAL EXPRESS CORP 7-827-22004 MAT REQ 973998/EXPRESS SHIPPING SERVICES 001-1203-4201 66.30
01962 Total : 66.30
100293 7/27/2022 06293 FEDEX OFFICE 101604ZNY1 MAT REQ 768507 PRINTING SERVICES 001-1101-4305 1.31
101604ZT31 MAT REQ 768507 PRINTING SERVICES
Attachment 368
07/27/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100293 7/27/2022 06293 FEDEX OFFICE (Continued)
001-1101-4305 3.94
101604ZX71 MAT REQ 768508 PRINTING SERVICES
001-1101-4305 4.93
10160500S1 MAT REQ 768508 PRINTING SERVICES
001-1101-4305 6.24
10160502X1 MAT REQ 638675 PRINTING SERVICES
001-1121-4251 487.23
10160503C1 MAT REQ 638677 PRINTING SERVICES
001-1121-4251 406.04
1016050551 MAT REQ 638676 PRINTING SERVICES
001-1121-4251 487.23
06293 Total : 1,396.92
100294 7/27/2022 08422 FIRE INFORMATION SUPPORT SERV 1258 HBFD RECORD REVIEW FOR PRR#22-205 001-1201-4201 200.00
08422 Total : 200.00
100295 7/27/2022 21217 FJR PACIFIC, INC. 25478 AC MAINTENANCE/JUN22 001-4204-4201 1,750.00
21217 Total : 1,750.00
100296 7/27/2022 19884 FRONTIER 209-188-4669-0714985 LANDLINES/COMPUTER LINKS/JUL22 001-3302-4304 91.01
001-2101-4304 752.36
001-4204-4321 249.48
001-4202-4304 68.87
001-3304-4304 63.24
001-1204-4304 66.69
715-1206-4304 1,528.03
209-190-0013-1206175 PD COMPUTER CIRCUITS/JUL22
001-2101-4304 914.19
310-318-9210-0827185 PD JAIL BREATHALYZER/JUL22
001-2101-4304 81.53
310-372-6186-0831895 2ND FLOOR CITY HALL FAX/JUL22
001-1121-4304 14.10
001-1141-4304 14.11
001-1201-4304 14.10
001-1202-4304 14.11
69 07/27/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100296 7/27/2022 19884 FRONTIER (Continued)
001-1203-4304 14.09
310-379-0652-1216195 EOC LANDLINES/JUL22
001-1201-4304 72.21
19884 Total : 3,958.12
100297 7/27/2022 10836 GRAINGER 9381373126 MAT REQ 939097/MAINTENANCE SUPPLIES 715-4206-4309 75.33
9383479889 MAT REQ 939099/MAINTENANCE SUPPLIES
715-4206-4309 196.21
9384444478 MAT REQ 768823/MAINTENANCE SUPPLIES
001-3104-4309 559.37
10836 Total : 830.91
100298 7/27/2022 14204 HARTZOG & CRABILL, INC. 22-0382 ON-CALL TRAFFIC ENGINEERING SVS/JUN22 001-3104-4201 3,123.68
14204 Total : 3,123.68
100299 7/27/2022 03131 HDL COREN & CONE SIN019931 PROPERTY TAX AUDIT SVS/JUL-SEPT22 001-1202-4201 1,375.00
03131 Total : 1,375.00
100300 7/27/2022 09136 HERMOSA AUTOMOTIVE INC 51650 MAT REQ 939089 WHEEL ALIGNMENT 715-2101-4311 120.00
09136 Total : 120.00
100301 7/27/2022 20771 LA UNIFORMS & TAILORING INC 13170 MAT REQ 583977 PD UNIFORMS/PSO ORTIZ 001-2101-4314 616.96
20771 Total : 616.96
100302 7/27/2022 13114 ODP BUSINESS SOLUTIONS, LLC 250361279001 MAT REQ 838526/OFFICE SUPPLIES 001-4101-4305 48.25
250361279002 MAT REQ 838526/OFFICE SUPPLIES
001-4101-4305 21.89
251988460002 CONFERENCE TABLE
001-4202-4305 324.99
001-4202-4305 30.87
253258343001 MAT REQ 838526/OFFICE SUPPLIES
001-4101-4305 25.83
255329080001 MAT REQ 583972/OFFICE SUPPLIES
70 07/27/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100302 7/27/2022 13114 ODP BUSINESS SOLUTIONS, LLC (Continued) 001-2101-4305 67.46
255356823001 MAT REQ 583973/OFFICE SUPPLIES
001-2101-4305 77.20
256861815001 MAT REQ 791082/OFFICE SUPPLIES
001-1208-4305 91.49
13114 Total : 687.98
100303 7/27/2022 22071 PARKS COFFEE CALIFORNIA, INC. 70094493 PD COFFEE SERVICE/RENTAL/JUL22 001-2101-4305 40.25
001-2101-4306 40.24
22071 Total : 80.49
100304 7/27/2022 14694 PARTEK SOLUTIONS INC 26407 CITATION ENVELOPES 001-3302-4201 2,106.00
14694 Total : 2,106.00
100305 7/27/2022 01911 PROVIDENCE MEDICAL GuarantorID 1010127 MAT REQ 583980/SART EXAM 001-2101-4201 1,020.00
01911 Total : 1,020.00
100306 7/27/2022 22419 ROBERT HALF TALENT SOLUTIONS 60387692 TEMP ADMIN ASSISTANT/WEEK ENDING 7/15/22 001-2101-4102 1,990.80
22419 Total : 1,990.80
100307 7/27/2022 03353 SBCU VISA 00917168 CC SERGEANT RECRUITMENT REFRESHMENTS 001-1203-4201 16.39
00917468 CC SERGEANT RECRUITMENT SNACKS
001-1203-4201 48.91
00918303 CC SERGEANT RECRUITMENT GIFTCARDS
001-1203-4201 60.00
00937133 CC FLOWERS-OFFICER MOSS MEMORIAL
001-1201-4305 145.98
001-1201-4305 13.87
00984056 CC REFRESHMENTS FOR TEAM BUILDING
001-2101-4317 71.38
001-2101-4317 2.65
02F0034513168 CC PD WATER DELIVERY/JUN22
001-2101-4305 392.03
71 07/27/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100307 7/27/2022 03353 SBCU VISA (Continued)
0577727-6987449 CC OFFICE SUPPLIES
001-2101-4305 26.23
001-2101-4305 2.49

06.14.22 CC FASTRAK ACCOUNT REPLENISHMENT
001-2101-4305 40.00

06.28.22 CC FASTRAK ACCOUNT REPLENISHMENT
001-2101-4305 40.00
0752283-9913020 CC PO 37891 - OFFICE SUPPLIES
001-1203-4305 61.90
0E2A7ECB-0004 CC SOCIAL MEDIA MGMT SUBSCRIPTION/JUN22
001-1201-4201 35.00
0X124174SJ355201H CC CUSTOMER SERVICE SEMINAR
001-1204-4317 95.00
100 CC NAMEPLATE FOR JULIEN
001-2101-4314 18.23
1175665493 CC LUNCH MEETNG W/CHIEF ISHII
001-2101-4305 39.68
127101 CC LAMINATING CARRIER FOR PERMITS
001-1204-4305 25.45
1973609 CC STAFF APPRECIATION HATS
001-1203-4201 1,321.70
001-1203-4201 124.62
206505 CC BREAKFAST FOR TEAM BUILDING
001-2101-4317 185.80
001-2101-4317 42.65
2080746 CC LUNCH FOR SERGEANT PROMO TESTING
001-1203-4201 156.88
226473214 CC BUSINESS CARDS
001-2101-4305 28.30
2668229-8693026 CC PO 37892 - STAFF APPRECIATION GIFTBAGS 001-1203-4305 101.40
27394735 CC PAINT WASTE DRUMS
001-3104-4309 892.70
001-3104-4309 57.48
29036 CC CITY TILE PLAQUES FOR DIGNITARIES
001-1101-4305 22.00
29809 CC ASSOCIATE ENGINEER JOB POST
001-1201-4201 375.00
72 07/27/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100307 7/27/2022 03353 SBCU VISA (Continued)
414721 CC REGISTER RECEIPT THERMAL PAPER ROLLS
001-1204-4305 163.38
001-1204-4305 15.52
4431262424 CC ORAL PANEL DINNER
001-2101-4305 51.61
4792 CC CASHIER & SUPERVISOR TRAINING
001-1204-4317 105.00
5175 CC STAFF MEETING-SUMMER KICK-OFF DINNER
001-4601-4317 220.02
520888195/PO37863 CC BREAKFAST FOR EL MONTE PD
001-2101-4305 228.83
58286 CC SUPERVISOR TRAINING J.CORDOVA
001-4202-4317 295.00
594-12791242 CC BLUEBEAM LICENSES (3)
001-4202-4317 1,047.00
6555982 CC BARRICADE RENTAL
001-3104-4309 7.28
660337 CC TR914 SUJA LOWENTHAL CONFERENCE
001-1201-4317 600.00
8006922-5713815 CC VALLEY PARK DAY CAMP SUPPLIES
001-4601-4308 395.18
8245431-1649847 CC OFFICE SUPPLIES
001-2101-4305 59.45
001-2101-4305 12.21
8740985-2978614 CC OFFICE SUPPLIES
001-2101-4305 2.89
001-2101-4305 30.39
910161 CC CITY COUNCIL/STAFF DINNER
001-1101-4305 235.36
9300025709 CC ASSOCIATE ENGINEER JOB AD
001-1203-4201 595.00
933042 CC LUNCH-HOMELESS OUTREACH PARTNER
001-1201-4305 118.00
001-1201-4305 11.21
9353737-7321846 CC HEADPHONES-REPORT WRITING DESKS
001-2101-4305 204.00
001-2101-4305 19.38
942632 CC GARY MOSS MEMORIAL FRAME
73 07/27/2022
Check Register

CITY OF HERMOSA BEACH
7 4:14:24PM
Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100307 7/27/2022 03353 SBCU VISA (Continued)
001-2101-4305 74.99
001-2101-4305 7.12
953037 CC GIFTCARDS-SPEAKERS @TEAM BUILDING
001-2101-4317 900.00
973050 CC EMPLOYEE APPRECIATION DINNER
001-1203-4305 4,997.10
980458 CC FOOD TASTING FOR APPRECIATION DINNER
001-1203-4305 120.84
9850940-1358634 CC PO37890 - OFFICE SUPPLIES
001-1203-4305 95.85
986436 CC EMPLOYEE RECOGNITION GIFT-COOKIE
001-1101-4319 288.75
987006 CC FLOWERS FOR DEPUTY CITY MANAGER
001-1201-4305 12.99
001-1201-4305 1.23
991801 CC STAFF APPRECIATION DINNNER PASTRIES
001-1203-4305 134.52
999483 CC LUNCH MEETING W/SCE REPS
001-1201-4305 47.40
001-1201-4305 3.75
9EM83758FN7720742 CC PREPARING FOR SUPERVISION SEMINAR
001-1204-4317 115.00
AP940345 CC LUNCH FOR TEAM BUILDING
001-2101-4317 671.00
001-2101-4317 179.75
INV33907675 CC DOCUSIGN - E SIGNATURES
001-1121-4201 480.00
ML0FHGZTL8 CC SENIOR CENTER MOVIES/MUSIC/JUN22
001-4601-4328 9.99
MSM4J00JV7 CC SCHEID/ADDN'L STORAGE/JUN22
001-2101-4305 0.99
MXG0X3T1G9 CC LEBARON/ADDN'L CELL STORAGE/JUN22
001-2101-4305 2.99
PO 37678 CC MADD AWARDS LUNCHEON
001-2101-4305 110.00
PO 37862 CC MANAGER WORKSHOP-POELSTRA
001-2101-4317 333.61
PO 37903 CC GIFTCARDS-PANEL INTERVIEW MEMBERS
74 07/27/2022
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CITY OF HERMOSA BEACH
8 4:14:24PM
Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100307 7/27/2022 03353 SBCU VISA (Continued)
001-1203-4201 225.00
RU311890 CC EOC SATELLITE PHONE/JUN22
001-1201-4304 57.67
03353 Total : 17,730.97
100308 7/27/2022 22657 SBL DEVELOPMENT, LLC B17-0082419 BOND DEPOSIT REFUND 001-2110 1,000.00
22657 Total : 1,000.00
100309 7/27/2022 20263 SCHAAF & WHEELER CONSULTING 36170 ARDMORE STORM DRAIN DESIGN/JUN22 161-8424-4201 1,240.00
20263 Total : 1,240.00
100310 7/27/2022 22648 SO CAL MOBILE MAINTENANCE INC 20387 CNG VEHICLE TANK INSPECTION 715-3109-4201 1,250.00
22648 Total : 1,250.00
100311 7/27/2022 00170 SOCAL GAS 011 004 5767 8 CITY-OWNED BLDGS/NATURAL GAS/JUN22 001-4204-4303 32.45
00170 Total : 32.45
100312 7/27/2022 18595 SOUTH BAY SHELL AND CAR WASH MAY/JUNE22 MAT REQ 583975 CAR WASHES 715-3302-4311 64.00
715-2101-4311 260.00
18595 Total : 324.00
100313 7/27/2022 18821 SPCALA 2022-0630 ANIMAL SHELTER/DISPOSAL SVS JUN22 001-3302-4201 875.00
18821 Total : 875.00
100314 7/27/2022 20236 SPECTRUM BUSINESS 8448 30 030 0352413 1301 HERMOSA/540 PIER CONNECTION//JUL22 001-2101-4304 288.52
20236 Total : 288.52
100315 7/27/2022 20236 SPECTRUM BUSINESS 8448 30 030 0049969 PD CABLE/JUL22 001-2101-4201 77.07
20236 Total : 77.07
100316 7/27/2022 21146 TIREHUB LLC CustomerID#340559 FLEET MAINT/VEHICLE TIRES/JUN22 75 07/27/2022
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CITY OF HERMOSA BEACH
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100316 7/27/2022 21146 TIREHUB LLC (Continued)
715-2101-4311 2,132.82
715-4202-4311 426.52
715-3302-4311 -105.57
21146 Total : 2,453.77
100317 7/27/2022 00123 TRIANGLE HARDWARE Acct 1009 MAINTENANCE SUPPLIES/JULY 22 001-1201-4305 1,496.32
001-3104-4309 1,739.73
001-3302-4309 204.18
001-4204-4309 3,024.29
001-6101-4309 1,566.06
105-2601-4309 1,354.72
715-4206-4311 141.79
00123 Total : 9,527.09
100318 7/27/2022 14528 UNION BANK OF CALIFORNIA, PARS #6746019200 July 2022 PARS/OPEB CONTRIBUTIONS/JUL22 001-1101-4190 54.00
001-1121-4190 640.00
001-1201-4190 2,528.00
001-1202-4190 1,345.00
001-1203-4190 481.00
001-1204-4190 917.00
001-2101-4190 20,242.00
001-3104-4190 861.00
001-3301-4190 105.00
001-3302-4190 2,796.00
001-4101-4190 1,468.00
001-4201-4190 1,270.00
001-4202-4190 1,307.00
001-4204-4190 495.00
001-4601-4190 848.00
001-6101-4190 1,029.00
105-2601-4190 154.00
160-3102-4190 449.00
715-4206-4190 427.00
14528 Total : 37,416.00
100319 7/27/2022 18753 UNITED SITE SERVICES 114-13228106 4TH OF JULY PORTABLE TOILET RENTAL 76 07/27/2022
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Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100319 7/27/2022 18753 UNITED SITE SERVICES (Continued) 001-3301-4201 2,240.00
001-3301-4201 66.50
18753 Total : 2,306.50
100320 7/27/2022 09672 VCA COAST ANIMAL HOSPITAL 401476568 VET CARE FOR K9 CHARLIE 170-2105-4201 154.64
09672 Total : 154.64
100321 7/27/2022 18666 VERIZON BUSINESS SERVICES 72286383 VOIP PHONES/YARD/JUN22 001-4202-4304 107.00
72286907 VOIP PHONES/BASE 3/JUN22
001-3302-4304 80.23
72286914 VOIP PHONES/COMM RES/JUN22
001-4601-4304 104.33
72287459 VOIP PHONES/BARD/JUN22
001-3304-4304 50.82
72287477 VOIP PHONES/EOC/JUN22
001-1201-4304 42.81
18666 Total : 385.19
100322 7/27/2022 03209 VERIZON WIRELESS 9910878951 COMM DEV CELL PHONES/JUN22 001-4101-4305 40.84
001-4201-4304 233.49
9911282914 PD TRUNK MODEMS/JUN22
153-2106-4201 1,000.79
03209 Total : 1,275.12
100323 7/27/2022 15188 WILLDAN FINANCIAL SERVICES 010-50740 REMINDER LETTER/DISTRICT 2004-2 BAYVIEW 135-1219-4201 10.58
15188 Total : 10.58
100324 7/27/2022 01206 ZUMAR INDUSTRIES INC 97242 MAT REQ 583778/STREET SIGN MAINTENANCE 001-3104-4309 579.53
97243 MAT REQ 583777/STREET SIGN MAINTENANCE
001-3104-4309 552.97
97244 MAT REQ 583776/STREET SIGN MAINTENANCE
001-3104-4309 552.97
97245 MAT REQ 583775/STREET SIGN MAINTENANCE
77 07/27/2022
Check Register

CITY OF HERMOSA BEACH
11 4:14:24PM
Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
100324 7/27/2022 01206 ZUMAR INDUSTRIES INC (Continued) 001-3104-4309 552.98
01206 Total : 2,238.45
638940 7/26/2022 00170 SOCAL GAS 115 404 6900 1 CITY-OWNED BLDGS/NATURAL GAS/JUN22 001-4204-4303 173.18
00170 Total : 173.18
839657 7/22/2022 15230 CALPERS FISCAL SERVICES DIV 100000016850913 UNFUNDED LIABILTIY PREPAY MISC PEPRA 001-2032 21,263.00
15230 Total : 21,263.00
839659 7/22/2022 15230 CALPERS FISCAL SERVICES DIV 100000016850868 UNFUNDED LIABILTIY PREPAY MISC TIER 2 001-2032 20,730.00
15230 Total : 20,730.00
839661 7/22/2022 15230 CALPERS FISCAL SERVICES DIV 10000016850910 UNFUNDED LIABILITY PREPAY POLICE PEPRA 001-2032 11,645.00
15230 Total : 11,645.00
839663 7/22/2022 15230 CALPERS FISCAL SERVICES DIV 100000016850894 UNFUNDED LIABILITY PREPAY POLICE TIER 2 001-2032 8,498.00
15230 Total : 8,498.00
839665 7/22/2022 15230 CALPERS FISCAL SERVICES DIV 100000016850903 UNFUNDED LIABILITY PREPAY FIRE PEPRA 001-2203-4180 3,835.00
15230 Total : 3,835.00
839667 7/22/2022 15230 CALPERS FISCAL SERVICES DIV 100000016850880 UNFUNDED LIABILITY PREPAY FIRE TIER 2 001-2203-4180 105.00
15230 Total : 105.00
839670 7/22/2022 15230 CALPERS FISCAL SERVICES DIV 100000016850888 UNFUNDED LIABILITY PREPAY TIER 1 POLICE 001-2032 2,016,571.00
15230 Total : 2,016,571.00
839672 7/22/2022 15230 CALPERS FISCAL SERVICES DIV 100000016850859 UNFUNDED LIABILITY PREPAY MISC TIER 1 001-2032 1,241,677.00
15230 Total : 1,241,677.00
78 07/27/2022
Check Register

CITY OF HERMOSA BEACH
12 4:14:24PM
Page:

Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
839674 7/22/2022 15230 CALPERS FISCAL SERVICES DIV 100000016850874 UNFUNDED LIABILITY PREPAY FIRE TIER 1 001-2203-4180 1,043,778.00
15230 Total : 1,043,778.00
8000647 7/26/2022 10668 EXXON MOBIL BUSINESS FLEET 82340832 VEHICLE FUEL 06/11/22-07/10/22 001-1250 172.10
715-4206-4310 224.87
715-3302-4310 1,562.04
715-2101-4310 7,633.19
715-4204-4310 273.27
715-6101-4310 400.53
715-3104-4310 992.04
10668 Total : 11,258.04
51 Vouchers for bank code : boa Bank total : 4,486,245.41 51 Vouchers in this report Total vouchers : 4,486,245.41 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 12 inclusive, of the check
register for 7/27/2022 are accurate funds are available for payment, and are in conformance to the budget."
By
Finance Director
Date 7/27/22
79 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0501
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

ACTION MINUTES OF THE CIVIL SERVICE BOARD
MEETING OF JUNE 15, 2022
Recommended Action:

Staff recommends City Council receive and file the action minutes of the Civil Service Board meeting of June 15, 2022.

Attachment:

Minutes of June 15, 2022
Respectfully Submitted by: Vanessa Godinez, Human Resources Manager Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 3/25/2024
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1 City of Hermosa Beach
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Regular Meeting Minutes
Wednesday, June 15, 2022
5:30 PM
Virtual meetings are held pursuant to AB361.

State and local officials recommend measures to promote social distancing.

Civil Service Board
Chairperson
Douglas Collins
Board Members
Lynda Castro
Robert Wolfe
Vanessa Zimmer
Sharon Thompson
Human Resources Manager
Vanessa Godinez
81 2

1. CALL TO ORDER
The Civil Service Board Regular Meeting of the City of Hermosa Beach met via a virtual meeting held on Wednesday, June 15, 2022, pursuant to Executive Order AB 361 issued by Governor Gavin Newsom on September 16, 2021. The Regular meeting was called to order by Chairperson Collins at 5:30 p.m.

2. ROLL CALL

Present: Chairperson Collins, Commissioners Castro, Zimmer, Wolfe Excused: Commissioner Thompson
Staff Present: Vanessa Godinez, Human Resources Manager Mei Shih, Human Resources Analyst

3. PUBLIC COMMENT
No public comment to report.

4. RECESS TO CLOSED SESSION
The Civil Service Board recessed to Closed Session at 5:34 p.m.

5. RECESS TO OPEN SESSION
The Civil Service Board recessed to Open Session at 6:04 p.m.

6. APPROVAL OF MINUTES OF THE SPECIAL MEETING OF FEBRUARY 2, 2022 A motion was made by Commissioner Castro, seconded by Commissioner Wolfe, to approve minutes of the Special Meeting of February 2, 2022.

AYES: Chairperson Collins, Commissioner Wolfe, Commissioner Castro, and Commissioner Zimmer
NOES: None
ABSENT: Commissioner Thompson

7. APPROVAL OF MINUTES OF THE REGULAR MEETING OF MARCH 16, 2022 A motion was made by Commissioner Wolfe, seconded by Commissioner Castro, to approve minutes of the Regular Meeting of March 16, 2022.
82 3
AYES: Chairperson Collins, Commissioner Wolfe, Commissioner Castro, and Commissioner Zimmer
NOES: None
ABSENT: Commissioner Thompson

8. APPROVAL OF MINUTES OF THE REGULAR MEETING OF MAY 18, 2022 A motion was made by Commissioner Zimmer, seconded by Commissioner Wolfe, to approve minutes of the Regular Meeting of May 18, 2022.

AYES: Chairperson Collins, Commissioner Wolfe, Commissioner Castro, and Commissioner Zimmer
NOES: None
ABSENT: Commissioner Thompson

9. ADJOURNMENT
The meeting was adjourned at 6:13 p.m.
83 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0428
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY
REPORT FOR JUNE 2022
(Emergency Management Coordinator Brandy Villanueva)
Recommended Action:

Staff recommends City Council receive and file the June 2022 Fire and Ambulance monthly report.

Executive Summary:

City departments generate monthly reports to provide a snapshot of activities performed each month.

Prior to the transition of fire and ambulance transport services to the County of Los Angeles, the Hermosa Beach Fire Department developed monthly response reports. After the transition, the monthly report was updated to include Los Angeles County Fire Department (LACoFD) and McCormick Ambulance information and continues to be uploaded to the website. The following report provides details regarding services provided for the month of June 2022.

Background:

At the February 11, 2020 Council meeting, City Council requested monthly reports be placed onto the City Council agenda under consent calendar. On the July 14, 2020 City Council agenda, the monthly reports began to appear. The enclosed report reflects the services for June 2022.

Past Board, Commission and Council Actions
Meeting Date Description
February 11, 2020
(Regular Meeting)
City Council requested monthly reports be placed onto the City Council agenda under consent calendar.

July 14, 2020 (Regular
Meeting)
Monthly reports began on City Council consent agenda.

Discussion:

The June 2022 monthly report provides an overview of services provided by LACoFD and McCormick Ambulance (Attachment 1: June 2022 LACoFD and McCormick Ambulance Monthly City of Hermosa Beach Page 1 of 5 Printed on 3/25/2024
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Staff Report
REPORT 22-0428
McCormick Ambulance (Attachment 1: June 2022 LACoFD and McCormick Ambulance Monthly Report).

Los Angeles County Fire Department (LACoFD)
LACoFD and McCormick Ambulance work together to provide emergency medical services (EMS) to the Hermosa Beach community. LACoFD has two apparatus stationed at Station 100 including: one assessment engine (Engine 100) staffed with a Fire Captain, a Fire Engineer and a Firefighter Paramedic; and a paramedic squad (Squad 100) staffed with two Firefighter Paramedics. The paramedic squad (Squad 100) only responds to calls for service exclusively within the City of Hermosa Beach. It does not provide mutual aid, thereby remaining available for calls within Hermosa Beach.

Each of the LACoFD apparatus has the capability of providing basic emergency medical care known as Basic Life Support (BLS) to medical patients. In addition, the paramedic squad has advanced equipment including medications and responds from within the City to address Advanced Life Support (ALS) calls, such as a stroke or heart attack.

McCormick Ambulance is one of the emergency medical transport companies within Los Angeles County. LACoFD does not conduct patient transport; therefore, unincorporated areas are included in the fire department transport contracts with various providers. Contract cities are responsible for negotiating and contracting with a medical transport provider for their community. Within the South Bay, many of the cities have contracted with McCormick Ambulance to conduct emergency medical transportation including the City of Hermosa Beach.

When LACoFD is dispatched, McCormick Ambulance may also be dispatched as the City’s emergency medical transportation provider. LACoFD provides life-saving medical care on scene and continues ALS level care as the patient is transported to a local hospital. In the case of a BLS level call, monitoring and care are safely provided by one of the two Emergency Medical Technicians (EMTs) assigned to the responding ambulance.

LACoFD follows industry standards developed by the National Fire Protection Association (NFPA), which outlines call transfer times and total response times. The NFPA standard for call transfer time is that each call will be answered within 60 seconds 90 percent of the time. Additionally, responding units are to be enroute within 60 seconds to EMS related calls and 80 seconds for structure fire calls.

NFPA further stipulates that for EMS calls, responding units must arrive on scene within 8 minutes and 59 seconds 90 percent of the time.

The June 2022 call transfer report provided by LACoFD indicates that there were three calls with a transfer time longer than the NFPA standard. The calls were received during periods of increased call City of Hermosa Beach Page 2 of 5 Printed on 3/25/2024
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Staff Report
REPORT 22-0428
volume in the dispatch center.

Table 1 below provides the response details for the three incidents.

Table 1:

Date Call Type Call
Transfer
Time
Length of
Transfer
LACoFD
Dispatch
Time
On
Scene
Time
Length of
Arrival
Total
Response
Time
June 13 Public
Assist
3:13 62
seconds
3:16 3:25 9 minutes 10 minutes 2
seconds
June 13 Difficult
Breathing
15:59 82
seconds
16:02 16:05 3 minutes 4 minutes 22
seconds
June 19 Sick ALS 20:47 66
seconds
20:50 20:53 3 minutes 4 minutes 6
seconds
Table definitions
· Call Transfer Time: The exact time when the call was transferred from South Bay Regional Public Communications Authority also known as Regional Communications Center (RCC). · Length of Transfer: The length of time that it took from LACoFD dispatch center to answer the call from RCC.
· LACoFD Dispatch Time: The time in which appropriate fire apparatus were dispatched to the incident.
· On Scene Time: The time in which the dispatched units arrived at the incident location. · Length of Arrival: The time between when the unit was dispatched and arrived on scene. · Total Response Time: The total combined time between the call transfer time and the length of time arriving units on scene.

McCormick Ambulance
McCormick Ambulances are staffed by two EMT’s who can provide and transport BLS patients independently and, with the support of LACoFD paramedics riding in the ambulance, can also transport ALS patients.

In June 2022, McCormick Ambulance responded to 69 calls for services within the City of Hermosa Beach. The June 2022 report indicated that 13 calls resulted in delayed Code 3 responses, which is a slight decrease of 16 delayed calls from the May 2022 transport report. There were seven delayed Code 2 responses in June 2022. A Code 3 response is one where the responding emergency units City of Hermosa Beach Page 3 of 5 Printed on 3/25/2024
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Staff Report
REPORT 22-0428
Code 2 responses in June 2022. A Code 3 response is one where the responding emergency units are driving with lights and sirens to a presumed life-threatening emergency, which is typically classified as an ALS call. According to the McCormick Ambulance contract, “response time must not exceed eight (8) minutes, fifty-nine (59) seconds” for a Code 3 incident. A Code 2 response is one where the responding emergency units are driving with lights and sirens to an emergency classified as a basic life support or BLS call.

Staff reviewed the June 2022 McCormick Ambulance monthly report. The following outlines the reasons for the delayed responses:
· Multiple Calls: (11) The dispatch center received multiple calls at the same time; · Distance: (4) Based on the location the ambulance begins the response to the City, it could impact the response time. The City contract does not have a unit permanently stationed within Hermosa Beach; therefore, the responding ambulance often begins the response outside of the City;
· Crew Error: (2) The crew responded to the wrong address; and · APOT: (3) Ambulance Patient Offload Time happens when there are 3 or more ambulances at a hospital waiting at least 30 minutes to transfer care of the patient from the ambulance crew to the hospital for continuation of care.

McCormick Ambulance demonstrates a continuous effort to detect and correct service level performance deficiencies by identifying the reason for delayed response times, issuance of personnel performance notices when mandatory response requirements are not met, and the release of personnel upon continued performance issues. McCormick Ambulance also provides training and continuing education to staff to improve skills and service delivery.

Although the emergency medical transport units were delayed in arriving on scene within the allowable timeframe for 20 calls in June 2022, patients were provided timely life-saving emergency medical care on scene by Los Angeles County Fire Department paramedics. When LACoFD arrives on scene, it takes paramedics 5 to 10 minutes to conduct the required treatment protocols prior to commencing transport with McCormick Ambulance. During the patient treatment phase, the requested ambulance is typically on scene waiting for the paramedics to complete their treatment protocols even if the ambulance response is delayed. Los Angeles County Fire Department and McCormick Ambulance are committed to providing excellent emergency medical care, customer service, and response to the residents and visitors of Hermosa Beach.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

City of Hermosa Beach Page 4 of 5 Printed on 3/25/2024
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Staff Report
REPORT 22-0428
Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.

Policy:
· 5.2 High level of response. Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community.

Fiscal Impact:

Fire and ambulance services are contracted and accounted for during the annual budget process.

Attachments:

1. Fire and Ambulance Monthly Report-June 2022
Respectfully Submitted by: Brandy Villanueva, Emergency Management Coordinator Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 5 of 5 Printed on 3/25/2024
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E100 S100 Total

FIRE, EXPLOSION
118 - Trash or rubbish fire, contained 1 1 0.39%
151 - Outside rubbish, trash or waste fire 2 2 0.79%
FIRE, EXPLOSION Total 3 3 1.18%

RESCUE, EMS
300 - Rescue, emergency medical call (EMS) call, other 26 25 51 20.08% 311 - Medical assist, assist EMS crew 8 4 12 4.72%
320 - Emergency medical service, other 3 2 5 1.97%
321 - EMS call, excluding vehicle accident with injury 58 49 107 42.13% 322 - Vehicle accident with injuries 1 2 3 1.18%
353 - Removal of victim(s) from stalled elevator 1 1 0.39% 364 - Surf rescue 1 1 0.39%
RESCUE, EMS Total 97 83 180 70.87%

SERVICE CALL
500 - Service Call, other 1 1 0.39%
511 - Lock-out 1 1 0.39%
522 - Water or steam leak 1 1 0.39%
SERVICE CALL Total 3 3 1.18%

GOOD INTENT CALL
600 - Good intent call, other 12 6 18 7.09%
611 - Dispatched & cancelled enroute 15 4 19 7.48%
GOOD INTENT CALL Total 27 10 37 14.57%

SPECIAL OR OTHER INCIDENT TYPE
900 - Special type of incident, other 26 5 31 12.20%
SPECIAL OR OTHER INCIDENT TYPE Total 26 5 31 12.20%
Grand Total 156 98 254 100.00%
Note:

Data based on updated fireview - apparatus 2022 data. Hermosa Beach units responses.

LOS ANGELES COUNTY FIRE DEPARTMENT

HERMOSA BEACH
FOR THE MONTH OF JUNE 2022
Incident Type UNIT RESPONSESPercentage
Submitted by: Brandy Villanueva, Emergency Management Coordinator 1 89 DAY OF THE WEEK E100 S100 Total
Sunday 26 15 41
Monday 22 14 36
Tuesday 22 14 36
Wednesday 23 14 37
Thursday 28 20 48
Friday 17 11 28
Saturday 18 10 28
Grand Total 156 98 254
Note:

Data based on updated fireview - apparatus 2022 data. Hermosa Beach units responses.

LOS ANGELES COUNTY FIRE DEPARTMENT

HERMOSA BEACH
FOR THE MONTH OF JUNE 2022

UNIT RESPONSES
0 5
10 15
20 25
30 E100
S100
Submitted by: Brandy Villanueva, Emergency Management Coordinator 2 90 TIME OF THE DAY E100 S100 Total
00:00:00 TO 00:59:59 4 3 7
01:00:00 TO 01:59:59 2 1 3
02:00:00 TO 02:59:59 6 4 10
03:00:00 TO 03:59:59 3 1 4
04:00:00 TO 04:59:59 3 2 5
05:00:00 TO 05:59:59 3 3 6
06:00:00 TO 06:59:59 4 3 7
07:00:00 TO 07:59:59 11 6 17
08:00:00 TO 08:59:59 8 7 15
09:00:00 TO 09:59:59 11 8 19
10:00:00 TO 10:59:59 9 6 15
11:00:00 TO 11:59:59 10 5 15
12:00:00 TO 12:59:59 4 2 6
13:00:00 TO 13:59:59 6 5 11
14:00:00 TO 14:59:59 8 5 13
15:00:00 TO 15:59:59 5 3 8
16:00:00 TO 16:59:59 9 5 14
17:00:00 TO 17:59:59 8 6 14
18:00:00 TO 18:59:59 8 5 13
19:00:00 TO 19:59:59 3 2 5
20:00:00 TO 20:59:59 8 5 13
21:00:00 TO 21:59:59 8 5 13
22:00:00 TO 22:59:59 6 4 10
23:00:00 TO 23:59:59 9 2 11
Grand Total 156 98 254
Note:

Data based on updated fireview - apparatus 2022 data. Hermosa Beach units responses.

LOS ANGELES COUNTY FIRE DEPARTMENT

HERMOSA BEACH
FOR THE MONTH OF JUNE 2022

UNIT RESPONSES
-
2 4
6 8
10 12
00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59 E100
S100
Submitted by: Brandy Villanueva, Emergency Management Coordinator 3 91 Ad Hoc Report:

Name:

Date:

Description:

Seizure Date Seizure Time ALI City Answer Secs Call Type ID ALI Class 6/1/2022 16:23:27 HERMOSA BEACH 2 911 Calls WPH2
6/2/2022 13:36:20 HERMOSA BEACH 2 911 Calls VOIP
6/3/2022 10:22:45 HERM BCH 2 911 Calls WPH2
6/5/2022 07:12:40 HERM BCH 3 911 Calls WPH2
6/5/2022 07:54:19 HERMOSA BEACH 2 911 Calls VOIP
6/5/2022 15:39:52 HERM BCH 2 911 Calls WPH2
6/5/2022 15:47:08 HERM BCH 1 911 Calls WPH2
6/5/2022 20:42:32 HERMOSA BEACH 7 911 Calls WPH2
6/5/2022 22:15:54 HB 2 911 Calls WPH2
6/5/2022 22:40:07 HERM BCH 4 911 Calls WPH2
6/6/2022 11:24:38 HERMOSA BEACH 2 911 Calls VOIP
6/6/2022 17:11:27 HERM BCH 13 911 Calls WPH2
6/6/2022 18:43:29 HERM BCH 2 911 Calls WPH2
6/7/2022 05:08:09 HERMOSA BEACH 2 911 Calls VOIP
6/7/2022 14:31:43 HERMOSA BEACH 2 911 Calls VOIP
6/7/2022 17:30:27 HERMOSA BEACH 2 911 Calls RESD
6/8/2022 02:08:50 HERM BCH 1 911 Calls WPH2
6/8/2022 07:10:49 HERM BCH 2 911 Calls WPH2
6/8/2022 14:01:34 HERM BCH 3 911 Calls WPH2
6/8/2022 22:20:02 HERM BCH 1 911 Calls WPH2
6/9/2022 11:31:57 HERMOSA BEACH 2 911 Calls VOIP
6/9/2022 12:03:14 HERMOSA BEACH 2 911 Calls VOIP
6/9/2022 17:27:41 HERM BCH 4 911 Calls WPH2
6/9/2022 17:28:39 HERM BCH 2 911 Calls WPH2
6/9/2022 17:54:33 HERMOSA BEACH 2 911 Calls VOIP
6/10/2022 08:29:31 HERMOSA BEACH 2 911 Calls VOIP
6/11/2022 16:23:09 HERMOSA BEACH 2 911 Calls RESD
6/11/2022 18:04:54 HERMOSA BEACH 2 911 Calls WPH2
6/13/2022 03:13:45 HERMOSA BEACH 62 911 Calls VOIP
6/13/2022 04:32:51 HERMOSA BEACH 2 911 Calls VOIP
6/13/2022 15:59:31 HERMOSA BEACH 82 911 Calls VOIP
6/14/2022 18:39:36 HERMOSA BEACH 2 911 Calls WPH2
6/14/2022 21:22:30 HERM BCH 2 911 Calls WPH2
6/15/2022 09:33:07 HERMOSA BEACH 2 911 Calls VOIP
6/16/2022 09:37:19 HERM BCH 2 911 Calls WPH2
6/16/2022 11:17:36 HERMOSA BEACH 2 911 Calls WPH2
6/16/2022 11:35:38 HERMOSA BEACH 2 911 Calls VOIP
6/16/2022 13:32:56 HERM BCH 2 911 Calls WPH2
6/16/2022 16:18:51 HERM BCH 2 911 Calls WPH2
Hermosa Call Answer Time
7/1/2022
June 2022 Call Answer Time
Los Angeles County Fire
Submitted by: Brandy Villanueva, Emergency Management Coordinator 4 92 6/16/2022 23:53:54 HERMOSA BEACH 53 911 Calls VOIP
6/17/2022 00:10:26 HERMOSA BEACH 3 911 Calls RESD
6/17/2022 08:28:14 HERM BCH 2 911 Calls VOIP
6/17/2022 11:40:00 HERMOSA BEACH 2 911 Calls VOIP
6/17/2022 13:43:08 HERMOSA BEACH 2 911 Calls WPH2
6/17/2022 20:58:31 HERM BCH 2 911 Calls WPH2
6/18/2022 07:17:24 HERM BCH 2 911 Calls WPH2
6/18/2022 19:24:49 HERM BCH 17 911 Calls WPH2
6/19/2022 02:37:46 HERMOSA BEACH 3 911 Calls WPH2
6/19/2022 05:14:02 HERM BCH 2 911 Calls WPH2
6/19/2022 20:47:10 HERM BCH 66 911 Calls WPH2
6/19/2022 22:46:02 H B 2 911 Calls VOIP
6/20/2022 18:18:56 HERM BCH 2 911 Calls WPH2
6/20/2022 21:57:04 HERM BCH 2 911 Calls WPH2
6/21/2022 10:31:13 HERMOSA BEACH 2 911 Calls WPH2
6/21/2022 13:57:08 HERM BCH 3 911 Calls WPH2
6/24/2022 00:33:59 HERMOSA BEACH 3 911 Calls WPH2
6/24/2022 10:38:03 HERMOSA BEACH 2 911 Calls VOIP
6/26/2022 08:02:52 HERMOSA BEACH 2 911 Calls VOIP
6/27/2022 07:22:57 HB 2 911 Calls WPH2
6/27/2022 10:54:38 HERM BCH 2 911 Calls WPH2
6/28/2022 07:35:54 HERM BCH 2 911 Calls WPH2
6/28/2022 08:30:50 Hermosa Beach 23 911 Calls VOIP
6/28/2022 09:13:52 HERMOSA BEACH 2 911 Calls RESD
6/29/2022 23:39:38 HERM BCH 2 911 Calls WPH2
6/30/2022 07:31:26 HERMOSA BEACH 2 911 Calls VOIP
6/30/2022 13:21:53 HERMOSA BEACH 2 911 Calls WPH2
6/30/2022 13:23:14 HERMOSA BEACH 18 911 Calls WPH2
6/30/2022 14:06:34 HERMOSA BEACH 2 911 Calls WPH2
6/30/2022 14:11:08 HERMOSA BEACH 2 911 Calls WPH2
6/30/2022 14:12:38 HERM BCH 18 911 Calls WPH2
Average Call Answer Time (seconds) 7
Submitted by: Brandy Villanueva, Emergency Management Coordinator 5 93 McCormick Ambulance
June 2022
Total Number of Dispatched Calls
Dispatched Calls Totals
Transported 69
Cancelled 46
Grand Total 115
NOTE: None
69, 60%
46, 40%
Total Dispatched Calls
Transported
Cancelled
Submitted by: Brandy Villanueva, Emergency Management Coordinator 6 94 Calls per the day of the week
Day of the Week Completed Cancelled Total
Sunday 14 5 19
Monday 10 5 15
Tuesday 10 8 18
Wednesday 7 9 16
Thursday 14 7 21
Friday 8 6 14
Saturday 6 6 12
Grand Total 69 46 115
0 2
4 6
8 10
12 14
16 Completed
Canceled
Submitted by: Brandy Villanueva, Emergency Management Coordinator 7 95 Response by the Time of Day
Time of Day Total Response
00:00:00 TO 00:59:59 4
01:00:00 TO 01:59:59 1
02:00:00 TO 02:59:59 4
03:00:00 TO 03:59:59 1
04:00:00 TO 04:59:59 2
05:00:00 TO 05:59:59 2
06:00:00 TO 06:59:59 3
07:00:00 TO 07:59:59 7
08:00:00 TO 08:59:59 7
09:00:00 TO 09:59:59 11
10:00:00 TO 10:59:59 7
11:00:00 TO 11:59:59 5
12:00:00 TO 12:59:59 2
13:00:00 TO 13:59:59 6
14:00:00 TO 14:59:59 6
15:00:00 TO 15:59:59 4
16:00:00 TO 16:59:59 6
17:00:00 TO 17:59:59 8
18:00:00 TO 18:59:59 6
19:00:00 TO 19:59:59 3
20:00:00 TO 20:59:59 6
21:00:00 TO 21:59:59 6
22:00:00 TO 22:59:59 3
23:00:00 TO 23:59:59 5
Grand Total 115
0 2
4 6
8 10
12 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59 Time of Day
Responses
Submitted by: Brandy Villanueva, Emergency Management Coordinator 8 96 Response Times Within Allowable
Time
Delayed Response Cancelled Total
Code 3: Response
Time of 8:59 or less
16 13 0 29
Code 2: Response
Time of 15:00 or
less
33 7 0 40
Cancelled
Responses
0 0 46 46
Grand Total 49 20 46 115
Submitted by: Brandy Villanueva, Emergency Management Coordinator 9 97 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0483
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS,
PURSUANT TO ASSEMBLY BILL 361
(City Clerk Myra Maravilla)
Recommended Action:

Staff recommends City Council authorize remote teleconference/virtual meetings of all City of Hermosa Beach legislative bodies in accordance with Assembly Bill 361 (“AB 361”), by finding that:
(1) a statewide state of emergency is currently in place; (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and meeting in person would present imminent risks to the health or safety of attendees.

Background:

All meetings of the City’s legislative bodies are subject to the Ralph M. Brown Act (Gov. Code §§ 54950 et seq.) and must be open and public so that any member of the public may attend and participate in the meetings. Commencing in March of 2020, Governor Newsom issued a series of executive orders aimed at preventing the spread of a respiratory disease that came to be known as the novel coronavirus, “COVID-19.” Among these were Executive Orders (“EO”) N-25-20, N-29-20, and N-35-20 (collectively, the “Brown Act Orders”) that waived the teleconferencing requirements of the Brown Act to allow legislative bodies to meet virtually.

On June 11, 2021, the Governor issued EO N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinded the Brown Act Orders, effective September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which became effective October 1, 2021, and amended the Brown Act to allow legislative bodies to meet virtually, without following the Brown Act’s standard teleconferencing rules, provided that the legislative body makes specific findings, which include the following:

1. A statewide state of emergency is currently in place;

2. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and/or

3. Meeting in person would present imminent risks to the health or safety of attendees.

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Staff Report
REPORT 22-0483
Continued compliance with AB 361 would require City Council to approve the action making the required findings at least every 30 days.

Discussion:

All three findings under AB 361 can be made given the current circumstances. The Governor has proclaimed a state of emergency in response to the ongoing COVID-19 pandemic. The state of emergency currently remains in effect.

Further, State officials, including the California Department of Public Health, have recommended measures to promote social distancing in connection with COVID-19, which are currently in place. Similarly, local officials, including the County Public Health Officer, have also recommended measures to promote social distancing in connection with COVID -19. In a recommendation dated September 28, 2021, the County Public Health Officer stated that “utilizing teleconferencing options for public meetings is an effective and recommended social distancing measure to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 disease.” Finally, the City has determined that meeting in person would present imminent risks to the health or safety of attendees. Accordingly, all of the above-referenced AB 361 findings currently exist.

If City Council thus desires to allow virtual meetings in order to both ensure the health and safety of the public, the legislative bodies of the City, and City staff, as well as continuity of government in allowing regularly-scheduled meetings to continue to occur without interruption, staff recommends City Council authorize virtual/teleconference meetings by making the findings set forth above.

Alternative:

If City Council does not make the findings pursuant to AB 361, the City would have to conduct its public meetings for City Council and other public boards and commissions in person and not have the option of conducting its meetings via teleconferencing.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

Link to Assembly Bill 361
Respectfully Submitted by: Myra Maravilla, City Clerk
Approved: Suja Lowenthal, City Manager
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0496
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

ACTION MINUTES OF THE PARKS, RECREATION AND

COMMUNITY RESOURCES ADVISORY COMMISSION
MEETING OF JULY 5, 2022
Recommended Action:

Staff recommends City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July 5, 2022.

Attachments:

1. Action Minutes of the July 5, 20222 Parks, Recreation and Community Resources Advisory Commission Meeting
Respectfully Submitted by: Lisa Nichols, Community Resources Manager Approved: Suja Lowenthal, City Manager
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MINUTES
REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES

ADVISORY COMMISSION
July 5, 2022 – Council Chambers, City Hall
1315 Valley Drive – 7:00 P.M.

Parks, Recreation and Community Resources Advisory Commission Traci Horowitz, Chairperson
E. Thomas Moroney, Vice Chairperson
Barbara Ellman
Jani Lange
Lauren Pizer Mains
I. Call to Order
II. Pledge of Allegiance
III. Roll Call

Present: Chairperson Horowitz, Vice Chairperson Moroney, Commissioner Ellman, Commissioner Lange, Commissioner Pizer Mains, Recreation Coordinator Kambria Vint, Community Resources Manager Lisa Nichols and City Attorney Patrick Donegan.

IV. Announcements – Upcoming City Events
V. Presentations
VI. Community Resources Manager Report
VII. Public Participation – Oral and Written Communications from the Public: This is the time for members of the public to address the Commission on any items within the Commission's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Announcements, Community Resources Manager Report, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items), on written communications, and to request the removal of an item from the consent calendar. Public comments on the agenda items called Announcements, Community Resources Manager Report, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items will only be heard at this time. Further, comments on public hearing items are heard only during the public hearing. Members of the audience may also speak during discussion of items removed from the Consent Calendar for separate consideration; during Public Hearings; and, during discussion of items appearing under Matters for Commission Consideration. All comments from the public under this agenda item are limited to three minutes per speaker, but this time allotment may be reduced due to time constraints. The Commission acknowledges receipt of the written communications listed below. No action will be taken on matters raised in oral and written communications, except that the Commission may take action to schedule issues raised in oral and written communications for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the City Manager.

Coming forward to address the Commission at this time: (00:06:30) Dency Nelson, Hermosa Beach resident
Matt McCool, Hermosa Beach resident
VIII. Commissioner Comments: Commissioners may briefly respond to public comments, may ask a question for clarification or make a brief announcement or report on his or her own liaison or subcommittee roles, activities or meetings attended.

IX. Consent Calendar
101
a. Action Minutes of the Regular Meeting of June 16, 2022 Motion by Commissioner Ellman to approve Items a. Action Minutes of the Regular Meeting of June 16, 2022.

Commissioner Lange seconded the motion. Motion passed with a 3-0 vote. Chairperson Horowitz and Commissioner Pizer Mains abstained.

X. Items Removed from the Consent Calendar for Separate Discussion XI. Public Hearings
a. None
XII. Matters for Commission Consideration
a. Approval of Additional 2022 Impact Level II Special Event: The AEG Sports Beach Rugby – End of Summer 7’s Bash (8/26)
Motion by Commissioner Ellman to approve the additional 2022 Impact Level II Special Event: The AEG Sports Beach Rugby – End of Summer 7’s Bash on August 26. Commissioner Lange seconded the motion. Motion passed with a 5-0 vote.
b. Special Event Policy Guide Updates
Motion by Vice Chairperson Moroney to approve the proposed Special Event Policy updates as outlined in the staff report with the following modifications:
• The elimination of the criteria that qualifies an event as Impact Level III if the event takes place for 5 or more consecutive days;
• The addition of criteria that qualifies an event as Impact Level III if the event uses both the north and south volleyball courts, or the north volleyball courts and the beach tennis courts; • To add language to the eligibility criteria for the Fee Waiver Grant Program that the applicant must demonstrate a financial need or other economic justification for the fee waiver; and • To add policy that requires event notifications be posted at the proposed event site for new events that occur away from the beach and downtown area.

Commissioner Lange seconded the motion. Motion passed with a 5-0 vote.

Coming forward to address the Commission at this time: (01:05:30) Janice Brittain, Fine Arts Festival event representative XIII. Future Agenda Items - Requests from Commissioners for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Commissioners should consider the city's work plan when considering new items.
a. None
XIV. Adjournment
This meeting was adjourned to the Tuesday, August 2, 2022, meeting by Chairperson Horowitz at 8:35pm. 102
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0451
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 9, 2022

REJECT ALL BIDS AND AUTHORIZE TO RE-ADVERTISE
CIP NO. 601 PROSPECT AVENUE CURB RAMPS AND
CIP NO. 698 ADA IMPROVEMENTS
(Public Works Director Joe SanClemente)
Recommended Action:

Staff recommends City Council:

1. Reject all bids for CIP 601 Prospect Avenue Curb Ramps and CIP 698 ADA Improvements; and

2. Authorize staff to re-advertise the project.

Executive Summary:

On June 2, 2022, the City of Hermosa Beach advertised Capital Improvement Project (CIP) 601 Prospect Avenue Curb Ramps and CIP 698 ADA Improvements as a single solicitation for the construction of 12 accessible curb ramps on Prospect Avenue. Following a competitive bid process, a discrepancy pertaining to the required documentation was identified in the bid package (Attachment 1). The discrepancy resulted in confusion among bidders.

Staff recommends City Council reject all bids and authorize staff to re-advertise the project. The recommend action would allow for revisions to adequately detail the required documentation and ensure fairness for all bidders.

Background:

Capital Improvement Project (CIP) 601 Prospect Avenue Curb Ramps and CIP 698 ADA Improvements would construct 12 accessible curb ramps along Prospect Avenue using a combination of Federal funds from the Community Development Block Grant (CDBG) Program and other local funding. The project would provide for the construction of curb ramps where no curb ramps currently exist and the reconstruction of curb ramps that are either deteriorated and/or no longer meet current accessibility requirements.

On June 2, 2022, the City invited prospective contractors to submit proposals through a competitive process. The Request for Bids (RFB) 22-001 was advertised in the Easy Reader newspaper, City website, and on the City’s online bidding platform PlanetBids. A total of seven bids were received in response to the RFB. On June 28, 2022, the City Clerk received, publicly opened, and read aloud the City of Hermosa Beach Page 1 of 3 Printed on 3/25/2024
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Staff Report
REPORT 22-0451
response to the RFB. On June 28, 2022, the City Clerk received, publicly opened, and read aloud the results of the submitted bids as summarized in the Bid Summary Log (Attachment 3) and following table:

Bidder Bid Amount
Ruiz Concrete and Paving, Inc. $107,904.80
Falkon Construction, Inc. $157,868.16
Gentry General Engineering, Inc. $164,839.50
CT&T Concrete Paving, Inc. $187,593.10
LCR Earthwork & Engineering $189,865.00
Hardy & Harper, Inc. $190,000.00
FS Contractors, Inc. $192,235.00
The apparent low bidder is Ruiz Concrete and Paving, Inc.

Analysis:

On June 29, 2022, the third lowest bidder, Gentry General Engineering, Inc., requested bid submittal results and documentation for review. On July 7, 2022, the contractor submitted a bid protest (Attachment 4). Gentry General Engineering, Inc. protested that the two lowest bidders, Ruiz Concrete and Paving, Inc. and Falkon Construction, Inc., were unresponsive due to not submitting the Federal forms that CDBG requires with the bid.

The forms missing from the two lowest bidders included: the Certificate of Non-Discrimination; Equal Employment Opportunity Certification; Worker’s Compensation Certification; Non-Segregated Facilities Certification; Past Performance Certification; Notice of Equal Employment Opportunity; and Federal Lobbyist Certification. These forms were attached as an Appendix to the RFB document and are all necessary to be submitted at the time of bid per Federal Requirements for CDBG. However, the City’s instruction to bidders indicated that these forms could be submitted at a later time by the successful bidder. This inconsistency created confusion among bidders.

Staff recommends City Council reject all bids and authorize staff to re-advertise the project with revised and clarified instructions.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Land Use Element
Goal 6. A pedestrian-focused urban form that creates visual interest and a comfortable outdoor City of Hermosa Beach Page 2 of 3 Printed on 3/25/2024
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Staff Report
REPORT 22-0451
environment.

Policy:
· 6.5 Provision of sidewalks. Encourage pedestrian friendly sidewalks on both sides of streets in neighborhoods.

Mobility Element
Goal 3. Public right-of-ways supporting a multimodal and people-oriented transportation system that provides diversity and flexibility on how users choose to be mobile.

Policies:
· 3.2 Complete pedestrian network. Prioritize investment in designated priority sidewalks to ensure a complete network of sidewalks and pedestrian-friendly amenities that enhances pedestrian safety, access opportunities and connectivity to destinations. · 3.10 Required ADA Standards. Require that all public right-of-ways be designed per Americans with Disabilities Act (ADA) standards by incorporating crosswalks, curb ramps, pedestrian signals, and other components to provided ease of access for disabled persons.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

1. Project Bid Documents

2. Notice Inviting Bids

3. Bid Summary Log

4. Bid Protest
Respectfully Submitted by: George Hernandez, Assistant Engineer Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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1 CITY OF HERMOSA BEACH CONTRACT

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
CIP No. 601 PROSPECT AVENUE CURB RAMPS
&
CIP No. 698 ADA IMPROVEMENTS
CBDG No. 602079-19
CBDG No. 602202-20
May 2022
106
2 TABLE OF CONTENTS
I. PROJECT DESCRIPTION AND UNDERSTANDING ........................................................................................ 3 II. NOTICE INVITING BIDS........................................................................................................................................ 4 III. INSTRUCTION TO BIDDERS ............................................................................................................................... 8 IV. BID DOCUMENTS................................................................................................................................................ 17 A. PROPOSAL................................................................................................................................................................. 17 B. BIDDING SCHEDULE............................................................................................................................................... 18 C. BID BOND ................................................................................................................................................................... 20 D. BIDDER'S ASSURANCE........................................................................................................................................... 22 E. BIDDER'S DECLARATION...................................................................................................................................... 23 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS................................................................. 25 G. CERTIFICATION OF PRINCIPAL......................................................................................................................... 26 H. DECLARATION OF ELIGIBILITY TO CONTRACT.......................................................................................... 27 I. NON-COLLUSION DECLARATION ....................................................................................................................... 28 J. REFERENCES OF WORK ........................................................................................................................................ 29 K. SUBCONTRACTORS LIST...................................................................................................................................... 30 L. IRAN CONTRACTING ACT CERTIFICATION ................................................................................................... 32 M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ........................................................ 33 V. CONTRACT DOCUMENTS .................................................................................................................................. 34 A. CONTRACT AGREEMENT..................................................................................................................................... 35 B. AGREEMENT OF INDEMNIFICATION................................................................................................................ 54 C. EQUALS ...................................................................................................................................................................... 55 D. FAITHFUL PERFORMANCE BOND ..................................................................................................................... 56 E. PAYMENT BOND (LABOR AND MATERIALS) .................................................................................................. 61 F. WARRANTY BOND PUBLIC WORKS (CALIFORNIA)...................................................................................... 65 G. GUARANTEE TO THE CITY OF HERMOSA BEACH........................................................................................ 68 H. GENERAL COMPREHENSIVE LIABILITY ADDITIONAL INSURED ENDORSEMENT ........................... 69 I. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT......................................................... 71 J. INSTRUCTIONS FOR COMPLETING, EXECUTING.......................................................................................... 73 K. WORKER'S COMPENSATION INSURANCE CERTIFICATE.......................................................................... 75 L. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL ................................................... 76 M. W9 FORM................................................................................................................................................................... 77 VI. SPECIAL PROVISIONS ....................................................................................................................................... 78 VII. TECHNICAL SPECIFICATION......................................................................................................................... 98 EXHIBIT "A" -SCHEDULE OF PERFORMANCE
EXHIBIT "B' - SOLID WASTE REPORTING
EXHIBIT "C" - FEDERAL REQUIREMENTS
EXHIBIT “D” – CONTRACTOR GUIDE TO DAVIS-BACON
EXHIBIT “E” – CURRENT FEDERAL WAGE DECISION
EXHIBIT “F” – AGENCY REPORT OF CONTRACT AWARD
EXHIBIT “G” – COUNTY LOBBYIST CERTIFICATION
EXHIBIT “H” – NOTICING MAP
107
3 I. PROJECT DESCRIPTION AND UNDERSTANDING

1.1 Project Description and Understanding
The City of Hermosa Beach is a participating city in the County of Los Angeles Community Development Block Grant Program. This is a federally-assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and related Acts will be enforced. The City has created a project to reconstruct curb ramps along Prospect Ave. The project will provide improvements and relocation of sidewalks, curb ramps and obstructions in highly traversed areas within the City in order to meet the Americans with Disabilities Act (ADA) and the latest federal standards. The project would remove architectural and material barriers and provide unobstructed paths of travel for elderly and severely disabled adults on various City sidewalks. The project would provide for the construction of curb ramps where no curb ramps currently exist and the reconstruction of curb ramps that are too steep, deteriorated, not wide enough or create other accessibility barriers for severely disabled adults and/or elderly that use wheelchairs, canes, walkers, and crutches
Pedestrian Traffic control including signage and protection barriers shall be implemented as part of the project to maintain pedestrian traffic safe and uninterrupted through the work area.

1.2 Prospective Bidder:

To be considered as a responsive bidder you must email the project manager Jonathan Pascual at [email protected] to confirm you downloaded the Plans, Specifications, and Construction Documents. Your email should include your company name and contact information. This action will add your company name to the Plan Holder list.
108
4 City of Hermosa Beach
II. NOTICE INVITING BIDS
Notice is hereby given that the City of Hermosa Beach will receive electronic bids until 2 P.M. on Tuesday, June 28th, 2022, at which time the electronic bids will be publicly opened at the City Clerk’s Office at 1315 Valley Drive, Hermosa Beach, CA 90254 and posted on Planet Bids for CIP No. 601 PROSPECT AVENUE CURB RAMPS & CIP No. 698 ADA IMPROVEMENTS.

The project includes, but not limited to, the construction of ADA concrete ramps including the adjustment of utilities to grade, removal and construction of curb and gutter, repair of asphalt, thermoplastic/paint striping/markings and other miscellaneous work as needed to complete the intended construction of the ADA ramps, and all appurtenant work per plans and specifications.

The cost estimate for the project is $110,000. The duration of the project is 40 working days. License requirements are a valid State of California Contractors License Class “A”.

Bids will be received electronically on the Planet Bids Portal, accessible through the webpage at http://www.hermosabch.org/index.aspx?page=667 where you must first register as a vendor through our Planet Bids portal. Contract Documents in PDF format including City Special Provisions and Project Plans, Standard Plans, Standard Specifications, or Reference Specifications shall be obtained from the link or website above.

Each proposal must be accompanied by a cash deposit, certified or cashier's check, or a bidder's bond, made payable to the City of Hermosa Beach, in an amount not less than 10 percent of the total bid submitted.

The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney. The successful bidder will also be required to pay the State of California prevailing wage scale as determined by the Department of Industrial Relations, available at http://www.dir.ca.gov/dlse/dlsePublicWorks.html.

The Contractor must be registered with the Department of Industrial Relations at the time of bid.

Contractor’s registration available at:
https://www.dir.ca.gov/Public-Works/Contractor-Registration.html The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsible bidder. Plans and Specifications will be available for review at City Hall.

This is a federally-assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. The Contractor’s duty to pay Sate prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Section 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employment apprentices including forfeitures and debarment. 109
5 In the procurement of supplies, equipment, construction, and services by sub-recipients, the conflictof-interest provision in (Sate LAC – 24 CFR 85.36 and Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

Attention is directed to Section 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and completely understand of the law regarding apprentices.

Contract Documents in PDF format including City Special Provisions and Project Plans, Standard Plans, Standard Specifications, or Reference Specifications shall be obtained from the City of Hermosa Beach Public Works Department webpage at
http://www.hermosabch.org/index.aspx?page=667 or Planet Bids where you must first register as a vendor through our Planet Bids vendor portal. For any questions, please submit on Planet Bids or contact the Project Manager, Jonathan Pascual, by email at [email protected] All questions regarding this bid must be submitted in writing no later than 12:00 p.m., Thursday, June 16th, 2022, to the project manager by email.
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6 Project Description: The construction of ADA concrete ramps including the adjustment of utilities to grade, removal and construction of curb and gutter, repair of asphalt, thermoplastic/paint striping/markings and other miscellaneous work as needed to complete the intended construction of the ADA ramps.

Prospective Bidder: To be considered as a responsive bidder you must email the project manager Jonathan Pascual at [email protected] to confirm you downloaded the Plans, Specifications, and Construction Documents from Planet Bids. Your email should include your company name and contact information. This action will add your company name to the Plan holder list.

Pre-bid Meeting: No pre-bid meeting. Prospective bidders are required to do their own field walks to familiarize themselves with the work location.

Plans, Specifications, Documents: Specifications and proposal forms will be available for download on the Planet Bids Portal, accessible through the webpage at https://pbsystem.planetbids.com/portal/51313/bo/bo-detail/90285 . To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

It is the responsibility of each prospective bidder to download and print all bid documents for review and to verify the completeness of Bid Documents before submitting a bid. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the Bid Documents.

Questions: All questions regarding this bid must be submitted through Planet Bids no later than June 16th, 2022, at 12:00 PM. Proposers are not to contact City personnel or Elected Officials with any questions or clarifications concerning this Invitation for Bids other than through Planet Bids. Any City response for this Bid that is not posted through Planet Bids is unauthorized and will be considered invalid.

Submittal of Bids: Electronic bids will be received through Planet Bids until June 28th, 2022 at 2PM, at which time they will be publicly opened at the City Clerk’s Office at 1315 Valley Drive, Hermosa Beach, CA and read for performing work. No bid will be accepted unless it is made on a bid form furnished by the City. All bid forms including all schedules attached thereto must be filled in and completed. All forms of bids shall be valid for a period of 90 calendar days after the bid opening date.

Bidder’s Guarantee: Each bid must be accompanied by cash or a certified check or a cashier's check or bidder's bond made payable to the City of Hermosa Beach for an amount equal to at least ten percent (10%) of the bid price. In accordance with Public Contract Code Section 20170, the Bidder’s Bond shall be issued by a surety company admitted to-do business in the State of California. Further, in accordance with Public Contract Code Section 20172, such guarantee shall be forfeited should the bidder to whom the contract is awarded fail to enter into the contract within the specified time.
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7 Payment, Performance and Warranty Bonds: The successful bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Substitution of Securities: Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract.

Contractor License: In accordance with provisions of Section 3300 of the California Public Contract Code, City of Hermosa Beach has determined that the contractor shall possess an “A” valid California Contractor’s License. Failure to possess such license may render the bid as nonresponsive and bar the award of the contract to that non-responsive Bidder.

Prevailing Wages: Pursuant to Labor Code Section 1773, the City will obtain the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Los Angeles County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this Contract. A copy of these prevailing wage rates may be obtained via the internet at: https://www.dir.ca.gov/Public-Works/PrevailingWage.html In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

As such, all contracts including those with subcontractors, entered into pursuant to this notice shall comply with the Davis-Bacon Fair Labor Standards Act (40 U.S.C. Section 3141 et seq), and the implementation regulations issued pursuant thereto (29 C.F.R. Section 1, 3, and 5) and any amendments thereof. In the event there is a conflict between the amount of prevailing wages to be paid between state and federal laws, the contractor and all subcontractors shall pay not less than the higher wage rate
Contractor’s Registration with the Department of Industrial Relations (DIR): The Bidder’s attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. No Bid will be accepted, nor any Contract entered without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project.

Compliance Monitoring and Enforcement: Contractor’s performance of the Work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California 112
8 Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.

Award of Contract: The City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the City from the total base bid. City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

III. INSTRUCTION TO BIDDERS
Form of Proposal: The Proposal shall be fully executed and submitted on the forms provided by the City and shall be submitted and addressed as directed in the Notice Inviting Bids. Proposal forms will be issued in each bound copy of the Contract Documents.

Signatures: All places where signatures are required must be fully executed.

Proposal: Documents which shall be signed and returned to the City with the Bid Proposal are:
• Addenda (if any)
• Bid Bond
• Bidder’s Assurance
• Bidder’s Declaration
• Bidding Schedule
• Certificate of Non-Discrimination by Contractors
• Certification of Principal
• Declaration of Eligibility to Contract
• Non-Collusion Declaration
• Proposal
• References for Work
• Sub-contractor List
• Iran Contracting Act Certification
• Public Works Contractor Registration Certification
Contract: Documents which shall be signed and returned to the City by the successful bidderare:
• Agreement of Indemnification
• Contract Agreement
• Equals
• Faithful Performance Bond
• Guarantee
• Certificate of Liability Insurance and Endorsements
• Payment Bond
• Supplemental Information
• Warranty Bond
• Worker’s Compensation Form
• W-9 Form
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9 Delivery of Proposal: Each Bid prepared by Bidder shall be completed in itself and shall be submitted electronically through Planet Bids.

Inquiries and Clarifications: Although not intended to be all inclusive, the following is a unique item which prospective bidders on this project may wish to consider in their bids. This item is for information purposes and shall not relieve the bidder of the requirements to fully familiarize himself with all the factors affecting the project and his bid. a) The bidder is advised that the cost to provide bonds is considered to be included in various bid items; therefore, no extra compensation will be paid by the City. b) The quantity shown in the bid documents are approximate. The contractor is responsible to calculate his own item quantities. No compensation will be paid by the City for an excess of material that requires restocking.

Prevailing Wage: In accordance with the provisions of Section 1770 et seq., of the Labor Code, the Director of the Department of Industrial Relations of the State of California has ascertained the general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work to be done. A copy of the determination is on file in the office of the City Clerk and is hereby incorporated herein and made a part hereof as though fully set forth herein.

A copy of the determination will be made available to any interested person upon request and shall be posted at the job site.

Overtime: As per Labor Code Section 1810 et seq., eight (8) hours is the legal working day.

Failure of the contractor to pay overtime for each worker who works in excess of the minimum working hours, will result in a daily forfeiture to the City in the sum of twenty-five ($25.00) per employee for each day when overtime is not paid.

Payment: Refer to the Agreement for payment information.

Required Bonds: Prior to the execution of the contract, the successful bidder shall file with the City surety bonds in the amounts and for the purposes noted below. The surety insurer shall be a California admitted surety insurer, as defined in Code of Civil Procedure section 995.120.

Contractor shall pay all premiums and costs thereof and incidental thereto.

Per Civil Code section 3247, a Payment Bond is required if the contract is for more than $25,000.

The successful bidder shall give three (3) surety bonds with good and sufficient sureties; the first in the sum of not less than 100% of the contract price to assure the claims of materialmen supplying materials to him, and of mechanics and laborers employed on the work; the second, in the sum of not less than 100% of the contract price to assure the faithful performance of the contract; and the third, in the sum of not less than 50% of the contract price to assure the warranty of the work. Contractor shall pay all premium cost thereof and incidental thereto and shall maintain both bonds in full force and effect while contract is in effect.

First Bond: the "Payment Bond" shall be so conditioned as to insure to the benefit of persons furnishing materials for or performing labor upon the work. 114
10 Second bond: the "Bond of Faithful Performance" shall be conditioned as to assure the faithful performance by the contractor of all work under said contract, in a manner that is satisfactory and acceptable to the City; that all materials and workmanship supplied by him will be free from original or developed defects; and that should original or developed defects or failures appear, the contractor shall, at his own expense, make good such defects and failures and make all replacements and adjustments required, within a reasonable time after being notified by the City to do so, and to the approval of the City.

Third Bond: the “Warranty Bond” shall be conditioned to assure that all work is guaranteed and warranted for a period of one (1) year following the completion and acceptance of the work against any defective work or labor done or defective materials furnished.

Rejection of Proposals: The City reserves the right to reject any and all proposals and to waive any minor or technical discrepancies or irregularities. Proposals may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

Agents: When proposals are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf or a member of a partnership, a "Power of Attorney" must be on file with the City prior to opening bids or shall be submitted with the proposal; otherwise, the proposal will be rejected as irregular and unauthorized.

Withdrawal of Proposals: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the City Engineer. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid.

Bids are opened exactly at the time fixed in the public notice for opening bids. A bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids. No bidder may withdraw his bid within ninety (90) days after the actual date of the opening thereof.

Insurance: Without limiting Contractor's indemnification, Contractor shall maintain in force at all times during the performance of this agreement the insurance provisions set out in the Agreement.

City Business License and Permits: The successful bidder shall obtain a valid City of Hermosa Beach Business License prior to commencing work under this contract. The successful bidder will be required to obtain City Encroachment permit to work in public right-of-way, issued at no fee for the project.

Increased or Decreased Quantities: The City reserves the right to increase, or decrease, or to entirely eliminate items or portions of items from work if found desirable or expedient.

Approximate Estimate: The quantities in the Notice to Contractors, and in the proposal and contract are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond therewith.

Examination of Plans, Specifications, Contract, and Site of Work: The Bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and 115
11 contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract.

Where the City has made investigations of subsurface conditions in areas where work is to be performed under the contract, or in other areas, some of which may constitute possible local material sources, such investigations are made only for the purpose of study and design. Where such investigations have been made, bidders or contractors may, upon written request, inspect the records of the City as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the City Engineer.

The records of such investigations are not a part of the contract and are shown solely for the convenience of the bidder or contractor. It is expressly understood and agreed that the City assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof and there is no warranty or guaranty, either expressed or implied, that the conditions indicated by such investigations or records thereof are representative of those existing throughout such areas, or any part thereof, or that unlooked for developments may not occur, or that materials other than, or in proportions different than these indicated, may not be encountered.

Relief of Bidders: If the bidder claims a mistake was made in his bid, the bidder shall give the City written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

Disqualification of Bidders: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered.

Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced due to mathematical errors may be rejected.

Award of Contract: The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all of the requirements prescribed. Such award, if made, will normally be made within in Ninety (90) calendar days after the opening of the proposals.

If the lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. Such award will normally be made within fortyfive (45) calendar days after the opening of proposals. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. Such award, if made, will normally be made within sixty (60) calendar days after the opening of the proposals. The periods of time specified above within which the award of contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the City and the bidder concerned.

In any event, all bids shall be good for a period of ninety (90) days from the date of bid opening. 116
12 All bids will be compared with the Engineer's Estimate of the quantities of work to be done.

Execution of Contract: The Contract shall be signed by the successful bidder and returned, together with the contract bonds, insurance endorsements and certificates, and all other required documents within ten (10) days, not including Saturdays, Sundays, and legal holidays, after the bidder has received notice that the contract has been awarded.

Failure to Execute Contract: Failure of the lowest responsible bidder, the second lowest responsible bidder, or the third lowest responsible bidder, to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Saturdays, Sundays and legal holidays, after such bidder has received notice that the contract has been awarded to him shall be just cause for the forfeiture of the proposal guaranty. The successful bidder may file with the City Engineer a written notice, signed by the bidder, or his authorized representative, specifying that the bidder will refuse to execute the contract if presented to him. The filing of such notice shall have the same force and effect as the failure of the bidder to execute the contract and furnish acceptable bonds within the time herein above prescribed.

Return of Proposal Guaranties: Within ten (10) days after the award of the contract to the lowest responsible bidder, the City will return the proposal guaranties, other than bidder's bonds, accompanying such of the proposals as are not to be further considered in making the award.

Retained proposal guaranties will be held until the contract has been finally executed, after which all proposal guaranties, except bidder's bonds and any guaranties which have been forfeited, will be returned to the respective bidders whose proposals they accompany.

Qualifications 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 CONSTRUCTION PROJECT REFERENCE form provided herein.

Each bidder shall possess valid active 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 the character of the work bid.

The Contractor shall have been in the business under the same name and California Contractor’s License for a minimum of 5 continuous years prior to the bid opening date for this project. The license used to satisfy this requirement shall be of the same type as required by the contract.

The Contractor shall perform above 50% of the contract with its own forces.

Bidders must be thoroughly competent and capable of satisfactorily performing the work covered by the proposal. They shall have had project experience similar to that specified in the Agreement.

When requested, they shall furnish such statements relative to previous experience on similar work, the plan or procedure proposed, and the organization, machinery, plant and other equipment available for the contemplated work, and the financial condition and resources of the bidder, as may be deemed necessary by the City Engineer in determining such competence and capability. 117
13 The City of Hermosa Beach will not enter into a contract with any bidder who is not properly licensed to do the work of this contract under the provisions of Section 7040 et seq., of the Business and Professions Code, unless particularly exempted by the terms thereof. For this project, contractor shall possess an “A” Contractor's license. A bid by a contractor who is not properly licensed shall be considered non-responsive and will be rejected. The contractor must hold all sub-contractors to these same contract requirements.

The sheet for bidder's signature in the Bid Proposal shall clearly show the contractor's name, address, telephone number, State of California contractor’s license number, classification and date of expiration.

Completeness of Bids - Bids are required for the entire work. The amount of the bid for comparison purposes will be the total bid price of all items. The bidder shall set forth the bid price for each item in the respective spaces provided for these purposes.

In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, provided, however, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case where the unit price is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following:
a) As to lump sum items, the amount set forth in the "Total" column shall be the unit price. b) As to unit price items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

The City may waive technical or non-substantive inconsistencies in any bid.

Non-discrimination - Pursuant to the provisions of 31 CFR, Part 51, Section 51.55, the Revenue Sharing Act, notice is hereby given of the following policy, effective immediately:

The City of Hermosa Beach does not discriminate on the basis of handicapped status in admission or access to, or treatment of, or employment in, its programs and activities. The office that will coordinate compliance is that of Human Resources.

Workers’ Compensation Insurance - Before execution of this Agreement by the City, the contractor shall file with the City’s Risk Manager the following signed certification:
“I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance before commencing any of the work.”
The contractor shall also comply with Section 3700 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City’s Risk Manager reflecting such insurance before this Agreement becomes effective. Contractor shall fully indemnify and hold harmless City, its attorneys, agents, officers and employees for any claims in law or equity occasioned by the failure of contractor to comply with the terms of this section.

Every Workers’ Compensation Insurance policy required hereunder, shall bear an endorsement, or 118
14 shall have attached a rider, providing that in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City’s Risk Manager shall be notified of such action by registered mail, postage prepaid, return receipt requested, at least 30 days before such expiration or cancellation becomes effective.

Indemnification - Bidders are instructed to refer to the Agreement.

Proposal Requirements - The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions", of the State Specifications and these special provisions for the requirements and conditions which he must observe in the preparation of the proposal form and the submission of the bid.

The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07 of State Specifications will be found following the signature page of the Proposal attached hereto.

Sub-contractors – Bidders must list the name, address of the place of business, contractor license number, and DIR registration number for each sub-contractor to be responsible for more than 1/2 of 1% of the total bid, and the portion of the job for which that sub-contractor is responsible. Only one sub-contractor may be listed for each portion of the job.

Unfair Business Practices Claims - In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body 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. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.) Bidder Registration Requirement - Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein.

Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

Claim Procedures – Bidders are instructed to refer to the Agreement.

Protest Procedures - Any person or entity may present a formal protest to the City with respect to solicitations being conducted by staff.
(1) Definitions
“Bidder” means any person or firm providing a timely, written response to the City solicitation. “Bid Protest” means any protest with regard to the response submitted by 119
15 another bidder. “Response” means the written response to the City solicitation provided by a person or firm. “Solicitation Protest” means a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents, determinations or actions taken or contemplated by the City with respect to a solicitation. “Solicitation” means the document by which the City identifies goods, equipment, services or public construction projects for which it seeks a response. (2) Format
The protest must be in writing and include the following information at a minimum:
(a) The name, address and phone number of the protester, or the authorized representative of the protester;
(b) The signature of the protester or authorized representative of the protester; (c) The project number and title under which the protest is submitted; (d) A detailed description of the legal and/or factual grounds for the protest and all supporting documentation. For protests containing elements not based on publicly released information the protest must contain documentation clearly showing the date on which the protester received the information; and
(e) The form of relief requested.
(3) Solicitation Protests
Protests of any kind regarding the solicitation including, but not limited to, specifications, scope of work or process, must be received by the City Manager not more than five calendar days after the last day for questions or the last addendum is issued, whichever is later. The decision by the City Manager on any solicitation protest shall be final. (4) Bid Protest and Review
(a) The protest, in the Format specified above, must be submitted to the City Manager by email or by personal delivery or overnight mail to City Hall, 1315 Valley Drive, Hermosa Beach, California so that it is received by the City no later than seven calendar days after the bid opening.
(b) A copy of the protest must be served upon the bidder subject to the protest in the same manner by which the protest was submitted to the City Manager. Failure to serve the protest upon the bidder subject to the protest is grounds upon which the City may deny the protest.
(c) A bidder whose bid has been protested by another bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail to City Hall, so that it is received by the City no later than seven calendar days after the protest has been served by the protesting bidder.
(d) The City Manager or designee shall have up to ten calendar days to decide whether to approve or reject the protest. The written decision of the City Manager or designee on the 120
16 protest shall be served upon the protesting bidder and any bidder subject to the protest within 14 calendar days of receipt of the bid protest. The City Manager or designee may extend the 10 calendar days if necessary, to review additional information requested from any bidder.
(e) The decision of the City Manager on the bid protest shall be final with no further review. (5) State or Federal Funding
(a) If the subject matter of the solicitation or project is receiving any State or Federal funds which requires a protest procedure different than the procedures stated above, then that protest procedure shall control.
(b) In the event there is any lawsuit filed against the City relating to any federally funded project, the City will provide prompt notice of that lawsuit to all agencies who participated in the funding of the project.
(6) Mandatory Procedure
This administrative procedure and the time limits set forth herein are mandatory. Failure to comply with these mandatory procedures shall constitute a waiver of any right to pursue the bid protest, including filing a Government Code claim or any legal proceedings or actions.
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17 IV. BID DOCUMENTS
A. PROPOSAL
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS CONTRACTOR: Date: ___________________
TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:

The undersigned declares that he/she has carefully examined the location of the proposed work and that he/she has examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for:

CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions and Technical Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021 and Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.

The Contractor also certifies that he/she is registered with the Department of Industrial Relations.

Bid items costs shall include but not limited to mobilization, Bonds, Insurance, labor, equipment, materials, overhead, and profit, any and all other indirect costs shall be considered full compensation for each bid item.

All work shall be completed within (40) working days from the date the notice to proceed is issued by the Engineer.

Contractor Signature PWC Registration Number
122
18 B. BIDDING SCHEDULE
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS TOTAL BASE BID (IN WORDS):
______________________________________________________
Note: The Project Contract will be awarded to the lowest responsible bidder, based on the lowest base bid amount.

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of Dollars, said
amount being not less than 10 percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

CONTRACTOR:

CONTRACTOR’S STATE LICENSE NUMBER: _______________________________ Item
No.

Estimated
Quantity
Unit Description of Work Specification
Reference
Unit
Price
Total
Cost
1 1 LS Mobilization and Demobilization (5%
maximum) 101-3
$ $
2 1 LS Traffic Control 103-10 $ $
3 1250 SF Remove Pavement Markings 102-3$ $
4 2630 SF Install Crosswalks and Pavement
Markings 110-5
$ $
5 110 LF Paint Curb Markings 110-6$ $
6 800 SF Construct Sidewalk (Outside of Curb
Ramp Area) 108-2
$ $
7 120 LF Construct 18” Curb and Gutter
(Outside of Curb Ramp Area) 109-2
$ $
8 1 EA Construct ADA Curb Ramp – Case B
Type 1 107-10 $ $
9 9 EA Construct ADA Curb Ramp – Case B
Type 2
107-10 $ $
10 1 EA Construct ADA Curb Ramp – Case D
Type 1
107-10 $ $
11 1 EA Construct ADA Curb Ramp – Case D
Type 2
107-10 $ $
Total (Base Bid) $
123
19 124
20 C. BID BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________, (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS said work being: CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.

NOW, THEREFORE, we, the Contractor, as Principal, and __________ _______________________________ a corporation organized and existing under the laws of the State of _________________, duly authorized to transact business under the laws of the State of California as Surety, are held and firmly bound unto the City of Hermosa Beach, as Obligee, in the sum of ___________________________________ Dollars ($_______________) lawful money of the United States of America, said sum being not less than ten percent (10%) of the bid amount for the payment of which sum well and truly to be made, the said Principal, and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT: If the bid of the said Principal is rejected by the said Obligee; or if the said Obligee shall accept the bid of the said Principal and said Principal shall enter into an Agreement with said Obligee in accordance with the terms of the bid, and shall give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Agreement and for the prompt payment of labor and material furnished in the prosecution thereof; or in the event of the failure of said Principal to enter such Agreement and give such bond or bonds, if said Principal shall pay to said Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which said Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the City of Hermosa Beach in successfully enforcing said obligation.

IN WITNESS THEREOF, we have hereunto, set our hands and seals this ___________ day of ______________________, ______.

Principal
By
Title
Surety
By

Title
125
21 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
126
22 D. BIDDER'S ASSURANCE
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS FROM:

Name of Bidder:

Business Address:

Telephone No:

TO:

Members of the City Council
c/o City Hall
City of Hermosa Beach, California
Members of the City Council:

Pursuant to your published Notice Inviting Bids for: CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS
The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule.

BY: TITLE:
127
23 E. BIDDER'S DECLARATION
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS It is understood and agreed that:

1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions.

2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof.

3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal.

4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned.

The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents.

The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified and will complete said work within the time specified in the Bidding Schedule.

5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding.

6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the Owner after evaluation of the bids as submitted. The undersigned agrees that the Owner shall recover or retain as liquidated damages an amount equal to the difference between the low bid and amount of the bid of the bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest bidder in accordance with the provisions of the Public Contract Code section 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided.

7. This bid will not be withdrawn within a period of ninety (90) days after the date of its proper opening by the City.

8. The undersigned bidder stated under penalty of perjury that the representations made in 128
24 submitting this bid are, to the best of his/her knowledge, true, accurate, and complete.

Respectfully submitted,
Contractor's Business Name Contractor Sign Title
Business Address: Street By Title
City State Zip Contractor's License No. and Classification Business Phone Number Date
Name Title Residence: Street
City State Zip Residence Phone Number
Note: If the bid is made by an individual, it must be signed with the full name of the bidder, whose address must be given: if it is made by a firm, it must be signed in the co-partnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each member must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed. 129
25 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding nondiscrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM

TITLE OF PERSON SIGNING

SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
130
26 G. CERTIFICATION OF PRINCIPAL
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS 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. (Section 1861, Labor Code.) Signature:

Name:

Title:

Name of Company:
131
27 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS The undersigned, a duly authorized representative of the contractor, certifies and declares that:

1. The undersigned contractor is aware of Section 1771.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.

2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.

3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states:
“(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.”
“(b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.”

4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of
, at (place of execution), California.

Signature:

Name:

Title:

Name of Company:
132
28 I. NON-COLLUSION DECLARATION
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS 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].

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP
133
29 J. REFERENCES OF WORK
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS Date: ________________
The following are the names, addresses and phone numbers/ email addresses for three public agencies for which Bidder has performed similar work within the past five years.

1. Name and address of Public Agency
Name and Telephone No. of Project Manager
Contract Amount Type of Work Date Completed
---------------------------------------------------------------------------------------------------------------------

2. Name and address of Public Agency
Name and Telephone No. of Project Manager
Contract Amount Type of Work Date Completed
---------------------------------------------------------------------------------------------------------------------

3. Name and address of Public Agency
Name and Telephone No. of Project Manager
Contract Amount Type of Work Date Completed
For additional References, please add separate sheets
134
30 K. SUBCONTRACTORS LIST
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below: (a) the name and location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.

Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner.

We propose to use the following listed subcontractors as per Public Contract Code Section 4100 et seq.: List all Subcontractors
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work
135
31 Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work
Percent of work to be performed by sub-contractors: %
(Note: 50% of work required to be performed by general contractor) For additional Sub-Contractors, please add separate sheet 136
32 L. IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
137
33 M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 138
34 V. CONTRACT DOCUMENTS
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA

IMPROVEMENTS
139
35 A. CONTRACT AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between [INSERT CONTRACTOR NAME] (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY").

R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS
(“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On [INSERT DATE], City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CIP Project No. [INSERT NUMBER], [INSERT PROJECT NAME] in the City of Hermosa Beach.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated [INSERT DATE], (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 2021 edition, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, 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 insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this 140
36 written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal [INSERT VALUE] as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said 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.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 20 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time.

5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum set forth in Exhibit “A” for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.

Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall 141
37 defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD.

CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.

CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.

Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
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38 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

CONTRACTOR and each subcontractor shall keep an accurate payroll record, 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 the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of 143
39 California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or 40 hours in any one calendar week in violation of the Labor Code.

9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work, including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any applicable liquidated damages and shall not be compensable by the CITY. CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.

11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the CITY.

CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA 144
40 requirements and requirements for verification of employees’ legal right to work in the United States
CONTRACTOR shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.

CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site.

CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program

13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

14. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work.

CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, 145
41 obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and
CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such 146
42 notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.

16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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.

17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors.
a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
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43 vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vii. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
d. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear.
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44 ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. e. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. iv. A copy of the claims reporting requirements must be submitted to the CITY for review.
v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY.
g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy 149
45 endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
j. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

18. ASSIGNMENT: This contract 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.

19. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY 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 CITY.

20. 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 contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.

21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.

CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a 150
46 complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.

Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

22. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

23. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

24. WHOLE 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 contract 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, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.

25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf.

26. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. 151
47 CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: ________________________ Project Manager
CONTRACTOR:
__________________________________________
__________________________________________
Attention: __________________________________

27. DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
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48 Supporting Documentation. The CONTRACTOR shall submit all claims in the following format:

Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.
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49 Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.

CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.

Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally.

CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.

If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved 154
50 claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.

Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the 155
51 date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims.

24. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

25. TERMINATION: This Contract may be terminated by CITY at any time, either with our without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract.

26. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby 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. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties.

27. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other 156
52 party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

28. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.

29. FORCE MAJEURE. If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as provided in the contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

30. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

31. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

32. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
157
53 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.

State of California
CONTRACTOR'S License No. __

CONTRACTOR

_________________ By: ____________________________________________ Date TITLE

CITY OF HERMOSA BEACH, CALIFORNIA
_________________ By: ____________________________________________ Date MAYOR
ATTEST:

By: ____________________________________________
Date CITY CLERK
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM:
_______________________________________________________________

CITY ATTORNEY
__________________
Date
158
54 B. AGREEMENT OF INDEMNIFICATION

AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description:

Indemnitor(s) (list all names):

To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Hermosa Beach and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b).

This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name Name
By: By:
159
55 C. EQUALS
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA

IMPROVEMENTS
The undersigned desires to use the material, product, thing, or service described below, as “an equal” to such item as specified.

In accordance with the provisions under General Conditions, entitled EQUALS, if the City shall find any item so described equal to the respective item specified, then the undersigned may furnish such item, together with all necessary labor, materials, equipment and incidentals required to perform and complete the work.
__________________________________________ _________________________ Contractor’s Name Date
_________________________________________ _________________________ Address Telephone Number
Materials, apparatus, or equipment
specified for which bidder proposes “an
equal”
Complete description of the materials, apparatus or
equipment the bidder desires to use as “an equal”
and name of contractor if different
Specify page number

1. 2.

3. 160
56 D. FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Hermosa Beach, (hereinafter referred to as “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount 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 CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations 161
57 under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
162
58 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
163
59 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 164
60 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
165
61 E. PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Hermosa Beach (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) 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, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or 166
62 relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
167
63 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 168
64 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND
169
65 F. WARRANTY BOND PUBLIC WORKS (CALIFORNIA)
A. WHEREAS, the City Council of the City of Hermosa Beach, State of California, and ________________________________________________, (hereinafter designated as "Principal") have entered into a written contract (the "Contract") dated ________________________ whereby Principal agrees to install and complete CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENT said work being CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA IMPROVEMENTS which Contract is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.

NOW, THEREFORE, we, the Principal and _________________________________________, a corporation organized under the laws of ____________________, and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the City of Hermosa Beach, (hereinafter called "City"), in the penal sum of ______________________________________Dollars, ($__________________) lawful money of the United States, which is 50% of the amount of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS THEREOF, we have hereunto set our hands and seals this ______ day of _____________________, 2022.
170
66 _________________________________________
Principal
By Date
Signature
Title
__________________________________________
Surety
__________________________________________
Address
__________________________________________
Phone Number
By Date
Signature
Title
171
67 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
172
68 G. GUARANTEE TO THE CITY OF HERMOSA BEACH
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA

IMPROVEMENTS
As a material inducement to the City to award the contract for CIP No. ______ to the ___________, the undersigned (“Guarantor”) has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: _______________________ (“the work”).

Guarantor guarantees that the materials and equipment used by itself and its sub-contractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City’s sole election: 1) reimburse the City, upon written demand, for all of the City’s expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for one year from the date on which the contract for the work is accepted by the City.

Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned.

The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.

If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.

If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor’s failure or refusal.

Guarantor
Contractor Date
By Title
173
69 H. GENERAL COMPREHENSIVE LIABILITY ADDITIONAL INSURED

ENDORSEMENT
NAME OF ADDRESS OF INSURED:

General description of agreement(s) and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured.

2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City.

3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.

4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto.

CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:

Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

Endorsement Effective Policy No.

No. Date
174
70 TYPE OF COVERAGES TO WHICH POLICY PERIOD

LIMITS OF

THIS ENDORSEMENT ATTACHES FROM TO

LIABILITY
Scheduled items or locations are to be identified on an attached sheet.

The following inclusions relate to the above coverages includes:
( ) Premises & Operations ( ) Explosion Hazard
( ) Contractual Liability ( ) Collapse
( ) Independent Contractors ( ) Underground Hazard
( ) Products/Completed Operations ( ) Personal Injury
( ) Broad Form Property Damage ( )
( ) Broad Form Liability Endorsement
A deductible or self-insured retention (strike out one) of applies to coverage.

DEDUCTIBLE APPLIES PER CLAIM, PER OCCURRENCE

INSURANCE COMPANY
ADDRESS:

I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the abovenamed insurance company to this endorsement and by my execution hereof, do so bind said company.

Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20 .

Phone No.: ( )
175
71 I. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT NAME OF ADDRESS OF INSURED:

General description of agreement(s) and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured.

2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City.

3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.

4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto.

CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:

Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

Endorsement Effective Policy No.

No. Date
176
72 TYPE OF COVERAGES TO WHICH POLICY PERIOD

LIMITS OF

THIS ENDORSEMENT ATTACHES FROM TO

LIABILITY
Scheduled items or locations are to be identified on an attached sheet.

The following inclusions relate to the above coverages includes:
( ) Owned Automobiles ( ) Owned, Non-owned and Hired Automobiles ( ) Non-owned Automobiles
( ) Hired Automobiles
A deductible or self-insured retention (strike out one) of applies to coverage.

DEDUCTIBLE APPLIES PER CLAIM, PER OCCURRENCE

INSURANCE COMPANY
ADDRESS:

I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the abovenamed insurance company to this endorsement and by my execution hereof, do so bind said company.

Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20 .

Phone No.: ( )
177
73 J. INSTRUCTIONS FOR COMPLETING, EXECUTING

AND SUBMITTING EVIDENCE OF INSURANCE TO THE OWNER
Insured: Date:
(Contractor, Lessee, Permittee, etc.)
Insured
A. In order to reduce problems and time delays in providing evidence of insurance to the City, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement forms along with these instructions for completing, executing, and submitting evidence of insurance.

If the agreement requires Workers' Compensation coverage and you have been authorized by the State of California to self-insure Workers' Compensation, then a copy of the certificate from the State authorizing self-insurance for Workers' Compensation shall meet the requirements for Workers' Compensation insurance covering activities within the State of California.

All questions relating to insurance should be directed to the department or office responsible for your contract, lease, permit, or other agreement.

Insurance Agent or Broker
B. The appropriate Endorsement Form shall be used. No changes in the terms of the Endorsement will be permitted. Certificates of Insurance alone will not be accepted by the City.

More than one insurance policy may be required to comply with the insurance requirements. Endorsement forms appropriate to your insured's contract, lease or permit are checked below and enclosed.
( ) Workers' Compensation/Employers Liability
( ) General Liability
( ) Automobile Liability
( ) Excess/umbrella Liability
( ) Professional Liability
( ) Property insurance
( ) Fine Arts Property Insurance
You shall have an authorized representative of the insurance company sign the completed endorsement forms, note his phone number at the bottom of page 2 and have said representative transmit the forms to the City. Signatures must be originals as the City will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures. 178
74 The name of the Insurance Company underwriting the coverage and its address shall be noted on page 2 of the endorsement form.

The "General description of agreement(s) and/or activity(ies) insured" shall include reference to the activity and/or to either the specific City contract number, lease number, permit number or construction approval number.

The coverages and limits for each type of insurance are specified in the attached sheet of insurance requirements. When coverage is on a scheduled basis, then a separate sheet is to be attached to the endorsement listing such scheduled locations, vehicles, etc., so covered.

Endorsements to excess policies will be required when primary insurance is insufficient in complying with the City's requirements.

If there is insufficient space on the form to note pertinent information, such as inclusions, exclusions or specific provisions, etc., a separate sheet may be attached.

When additional sheets are attached, change the number of pages at the bottom of the form.

Completed Endorsement(s) and questions relating to the required insurance are to be directed to:

Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
Improperly completed Endorsements will be returned to your insured for correction by an authorized representative of the insurance company.

DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS

MAY DELAY YOUR INSURED'S INTENDED OCCUPANCY OR OPERATION UNDER AGREEMENT WITH THE OWNER.

For extensions or renewals of insurance policies which have the City's Endorsement Form(s) attached, the City will accept a copy of the endorsement (with an original signature) to extend the period of coverage as evidence of continued coverage. 179
75 K. WORKER'S COMPENSATION INSURANCE CERTIFICATE
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA

IMPROVEMENTS
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 the Contract.

DATED:

CONTRACTOR:

By:

Signature

Title
ATTEST:

By:

Signature

Title
180
76 L. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA

IMPROVEMENTS
If an individual, so state. If a firm or co-partnership, state the firm and give the names of all individual co-partners composing the partnership. If a corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.
______________________________________________________
______________________________________________________
______________________________________________________
Business Address: ______________________________________________________ ______________________________________________________
______________________________________________________
Telephone Number:

Date:

Print Name: ___________________________________________ Principal
Signature: ___________________________________________
181
77 M. W9 FORM
182
78 CIP No. 601 PROSPECT AVENUE CURB RAMPS & CIP No. 698 ADA IMPROVEMENTS VI. SPECIAL PROVISIONS
The following Special Provisions supplement and amend the "2021 Standard Specifications for Public Works Construction" (Green Book). As a reference they have been arranged into a sequence which parallels the arrangement of the Standard Specifications. 183
79 TABLE OF CONTENTS
LIST OF SUBMITTALS Page No.

PART 1 – GENERAL PROVISIONS SP-1
PREFACE: STANDARDS SPECIFICATIONS AND
Section 1:

STANDARD DRAWINGS
General
1-7 Award and Execution of Contract
1-7.3 Proposal
1-7.4 Examination of Plans, Specifications and
Project Site
1-7.5 Interpretation of Drawings and
Documents

1.7-6 Award of Contract

1.7-7 Execution of Contract
1-7.8 Return of Proposal and Guarantee
SP-1
SP-1
SP-2
SP-2
SP-2
SP-2
SP-3
SP-3
SP-4
Section 2: Scope Of Work SP-4
2-2 Permits SP-4
2-5.4 Contractor’s Responsibility for Work SP-5
2-5.5 Notice and Service Thereof SP-5
2-5.6 Warranty of Title SP-6
2-10.1 Retention of Imperfect Work SP-6
Section 3: Control Of The Work SP-6
3-6 The Contractor’s Representative SP-6
3-7.2 Precedence of Control Documents SP-7
3-8.1 General SP-6
3-13.4 Completion and Acceptance SP-8
Section 5: Legal Relations And Responsibilities SP-8
5-3.6 Laws SP-8
5-4.5 Liability Insurance SP-8
5-7 Safety SP-10
5-7.9 Emergency Provisions SP-10
5-8 Laws to be Observed SP-10
184
80 5-9 Fair Employment Practice Commission
Certification
SP-12
Section 6: Prosecution And Progress Of The Work SP-12
6-1 Construction Schedule and SP-12
Commencement of Work
6-6.3 Working Day SP-13
6-9 Liquidated Damages SP-14
Section 7: Measurement And Payment SP-14
7-3.2 Partial and Final Payment SP-14
7-3.9 Work Performed Without Direct Payment SP-15
7-4.2 Basis for Establishing Costs SP-15
7-4.3 Markup SP-15
Section 400: Protection and Restoration SP-16
185
81 LIST OF SUBMITTALS
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA

IMPROVEMENTS
Contractor shall submit the following submittals prior to starting construction:

1. Project Construction Schedule, sequence, and phase plan

2. Preconstruction DVD, 2 copies in color

3. Copy of City Business License (Prime and Subcontractors)

4. 24 Hr. Emergency Phone Call List

5. Letters identifying site authorized contractor’s representative or “Superintendent” and contractor’s “Competent Person”

6. Vehicular and Pedestrian Traffic Control Plan (paper and PDF). SWPCP/ Best Management Practices

7. AC Base Material Specifications, Concrete Material Specifications, Truncated Domes for Access Ramps

8. Literature describing products, installation and maintenance procedures Shop drawings for products specified

9. Resident Notifications

10. And others as requested by the engineer
186
82 PART 1 – GENERAL PROVISIONS
PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS
The Standard Specifications for Public Works Construction written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California shall be the Standard Specifications of the Owner. All work shall conform to the 2021 edition, including supplements, of the Standard Specifications, these Special Provisions which supplement or modify the Standard Specifications, and the Standard Drawings as issued by the City available at the time bids are opened unless otherwise specified in the Contract Documents.

The above referenced Standard Specifications, Special Provisions and Standard Drawings are hereby made a part of the Contract Documents.

For the convenience of the Contractor, the section and subsection numbering system used in these Special Provisions corresponds to that used in the Standard Specifications.

Section 1 General
Section 1-2 Terms and Definitions
Whenever in the Standard Specification in the following terms are used, they shall be understood to mean and refer to the following:
(a)
(b)
BOARD

CONTRACT
The City Council of the City of Hermosa Beach
Documents including but not limited to the proposed
DOCUMENTS forms, Special Provisions, Technical Provisions, Bonds, Insurance, Contract and all Addenda setting forth any modifications of the documents.
(c) ENGINEER The Director of Public Works/City Engineer or his authorized representative.
(d) BIDDER An individual, co-partnership, association or corporation submitting a proposal for the work
contemplated, acting directly or through a duly authorized representative.
(e) LEGAL ADDRESS The legal address of the Contractor to be the address OF CONTRACTOR given on the Contractor’s bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or
delivered.
187
83 (f) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract.

Section 1-7 Award and Execution of Contract
Section 1-7.3 Proposal
The following is in addition to the provision of Section 1-7:

The proposal shall be fully executed and submitted on the forms provided by the City and shall be enclosed in a sealed envelope marked and addressed as directed in the “Notice Inviting Bids”.

If the proposal is made by an individual, it shall be signed and his or her full name and address shall be given; if it is made by a firm it shall be signed with co-partnership name by a general partner thereof, who shall also sign his or her known name, and the name and address of each member of such co-partnership shall be given; if made by a corporation, the name of the corporation shall be signed by its duly authorized officers and attested by the corporate seal.

Bidders are warned against making erasures or alterations of any kind on their Proposal.

Proposals which contain omissions, erasures, alterations, conditions or additions not called for may be rejected.

At the time the Contract is awarded by the City, the Contractor shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work required by this Contract.

Section 1-7.4Examination of Plans, Specifications and Project Site The following is in addition to the provisions of Section 1-7:

Bidders shall read the specifications, examine the drawings and make their own estimates of the existing facilities and difficulties which will attend the execution of the work called for by the proposed contract, including local condition, uncertainty of weather and all other contingencies.

Bidders shall satisfy themselves by personal examination of the locations of the proposed work, and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Proposal forms. Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or his assistants (or the Architects or their assistants), shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the City.

Section 1-7.5 Interpretation of Drawings and Documents
188
84 The following is in addition to the provisions of Section 1-7:

If a prospective bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, he may submit to the Engineer a written request for an interpretation or a correction thereof. Interpretations or corrections of the Contract Documents including the Specifications and Drawings, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be sent by certified mail, postage prepaid, or delivered to each person receiving a set of the Contract Documents whose address is known to the Engineer and such addendum shall be considered a part of and incorporated in the Contract Documents.

Section 1-7.6 Award of Contract
The following is in addition to the provisions of Section 1-7:

After the Proposals have been publicly opened and read aloud, they will be checked for accuracy and compliance with all provisions as specified herein.

The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received.

Award of the Contract, if it be awarded, will be made by the Owner within 30 days after opening of the bids. Award will be made to the lowest responsible bidder.

In selecting the lowest responsible bidder, consideration will be given to the general competency of the bidder for the performance of the work covered by the proposal. To receive favorable consideration, a bidder may be required to present evidence that he has successfully performed similar work of comparable magnitude or submit other evidence satisfactory to the City that he or his associates are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shall be essential requirements. A showing of adequate financial resources may be required but will not alone determine whether a bidder is competent to undertake the proposed work.

Only manufacturers or contractors of established reputation, or their duly authorized dealers or agency, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the contract, will be considered in making the award.

Section 1-7.7 Execution of Contract
The following is in addition to the provisions of Section 1-7:

A bidder whose proposal is accepted shall properly sign a written contract with the City on the form attached hereto and return said contract together with good and approved bonds and insurance certificates as required by the Contract Documents within twenty- one (21) calendar days from the date of the mailing of a notice from the City to the bidder, according to the address 189
85 given by him, of acceptance of his proposal. Contract bonds and certificates of insurance, if required, shall be filed in all instance before delivering any equipment, materials or performing any work under the contract; also before any purchase order shall be issued. An executed Power of Attorney form shall be submitted with all contract bonds herein specified.

If a bidder whose proposal is accepted fails or refuses to enter into a contract as herein provided, or to conform to any stipulated requirement in connection therewith, the money represented by his check or bidder’s bond shall be refunded less the difference between the low bid and the bid of the bidder with whom the City enters into an agreement in accordance with the provisions of the Public Contracts Code Section 20174. At the discretion of the City an award may be made to the bidder whose proposal is next most acceptable to the City, and such bidder and his surety shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made.

A corporation to which an award is made may be required before the contract is finally signed to furnish evidence of its corporate existence, of its right to do business in California and of the authority of the officer signing the contract and bonds for the corporation to so sign.

Section 1-7.8 Return of Proposal and Guarantee
The following is in addition to the provisions of Section 1-7:

The check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The checks or bid bonds of the second and third lowest bidders will be returned when the bidder to whom the contract has been awarded has properly executed all of the required Contract Documents. Check or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of forty-five (45) days from the date of opening bids.

Section 2 Scope Of The Work
Section 2-2 Permits
The following is in addition to the provisions of Section 2-2:

Prior to beginning work, the Contractor shall obtain authorization and permits from the City of Hermosa Beach. The Contractor will be responsible to protect and preserve all property and improvements in accordance with Section 7-9 of SSPWC.

The Contractor must have or obtain a valid City of Hermosa Beach Business License in accordance with the provisions of the Hermosa Beach Municipal Code. 190
86 City Encroachment Permit
A City Encroachment Permit is required to work within public right-of-way and will be issued at no cost to the Contractor.

Other Encroachment Permits
When work occurs in the right-of-way of other entities, the Contractor shall obtain and pay, as required, for an encroachment permit from that entity.

Section 2-5.4 Contractor’s Responsibility for Work
The following is in addition to the provisions of Section 2-5:

Until the formal acceptance of the work by the City, the Contractor shall have the charge and care thereof and shall, subject to the insurance protection furnished in accordance with 5-4 hereof, bear the risk of accident, loss or damage to any part thereof by action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and otherwise correct damages to any portion of the work occasioned by any of the above causes before its acceptance.

In case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the proper temporary storage thereof.

Section 2-5.5 Notice and Service Thereof
Any notice required or given by one party to the other under the contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner:

Notice shall be given to the City by personal delivery thereof to the City’s Engineer or by depositing the same in the United States mail enclosed in a sealed envelope, registered and with postage prepaid, addressed to:

Public Works Department
City of Hermosa Beach
1315 Valley Dr.

Hermosa Beach, CA 90254
Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of the work under this Contract, postage prepaid and registered.

Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope 191
87 addressed to such Surety or persons at the address of said Surety or persons last communicated to the party giving the notice, postage prepaid and registered.

Section 2-5.6 Warranty of Title
No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials, supplies and equipment installed and incorporated in the work, and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him to the City free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon; provided, that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company.

Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the City. The provisions of this section shall be inserted in all subcontractor’s and material contracts, and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into regarding such materials.

Section 2-10.1 Retention of Imperfect Work
The following is in addition to the provisions of Section 2-10:

If any portion of the work done or materials furnished under the contract proves defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of such work is impracticable or will create conditions which are dangerous or undesirable in the opinion of the Engineer, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable.

Section 3 Control Of The Work
Section 3-6 The Contractor’s Representative
The following is in addition to the provisions of Section 3-6:

The Contractor shall furnish the Engineer with the name, address and business and home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices.
192
88 Section 3-7.2 Precedence of Contract Documents
The following supersedes the provisions of Section 3-7: The order of precedence of contract documents shall be:

FIRST Requirements of law, including the Code and Ordinances of the City of Hermosa Beach.

SECOND Permits from other agencies as may be required by law.

THIRD Permits from City of Hermosa Beach Departments as may be required by law or ordinance.

FOURTH The Contract.

FIFTH The Bid Proposal.

SIXTH Addenda.

SEVENTH Notice Inviting Bids.

EIGHTH Instructions to Bidders.

NINTH Technical Provisions.

TENTH Plans.

ELEVENTH Special Provisions of the Standard Specifications.

TWELFTH Standard Plans.

THIRTEENTH Standard Specifications for Public Works Construction FOURTEENTH Reference Specifications.

Change orders, supplemental agreements and approved revisions to Plans and Specifications will take precedence over documents listed above, except those listed as FIRST, SECOND and THIRD. Detailed plans shall have precedence over general plans.

Section 3-8.1 General
The following is in addition to the provisions of Section 3-8.1:

The Contractor shall submit the following submittals within 15 days of notification of the City’s intent to award this contract:
193
89 ♦ Work Schedule
♦ Material Data (catalog sheets) and Samples (where applicable) The City will review and respond to all submittals within ten working days of receipt.

Section 3-13.4 Completion and Acceptance
The following is in addition to the provision of Section 3-13:

In addition to the guarantees as required in Section 2-4 of the Standard Specifications, the Faithful Performance Bond shall remain in full force and effect for a period of one year after acceptance of the work by the Owner to insure that defects, which appear within said period, will be repaired, replaced, or corrected by the Contractor, at his own cost and expense, to the satisfaction of the Engineer within thirty (30) days after written notice thereof by the City.

Section 5 Legal Relations And Responsibilities
Section 5-3.6 Laws
The following is in addition to the provisions of Section 5-3:

Each bidder must submit with the Bid Proposal a fully executed Certificate of NonDiscrimination by Contractors. Bids will not be considered unless accompanied by the completed Certificate.

After the opening of bids and the determination of the low bidder, said low bidder shall submit to the Public Works Department, no later than 5:00 P.M. on the third working day following the bid opening, a completed “Fair Employment Practices Contractor Compliance Report”.

The Contractor shall comply with all applicable provisions of Sections 1776, 1777.5 and 1777.7 of the C a l i f o r n i a L a b o r Code. The Contractor shall be responsible for compliance with Section 1776 and shall insert a provision in all subcontracts requiring subcontractors to comply with said section.

The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

Section 5-4.5 Liability Insurance
The following supersedes the provisions of Section 5-4:

The Contractor needs to name in their Liability Insurance the “Los Angeles County Regional Park and Open Space District” as additional insured.

The Contractor shall, at its expense, maintain in effect all times during the performance of work 194
90 under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers licensed to sell insurance in the State of California and having a “A-“or higher rating in the latest edition of Best’s Insurance Guide, and shall be subject to approval by the City’s Risk Manager:

Workers’ Compensation and Employer’s Liability
• Workers’ Compensation – coverage as required by law
• Employer’s Liability – limits of at least $100,000 per occurrence Comprehensive General Liability
• Combined Single Limit - $2,000,000
Automobile Liability
• Combined Single Limit - $1,000,000
The automobile and general comprehensive liability policies may be combined in a single policy with a combined single limit of $1,000,000.

All of the Contractor’s policies shall contain an endorsement providing written notice shall be given to the City at least 30 calendar days prior to termination, cancellation or reduction of coverage in the policy
The Bodily Injury and Property Damage Liability policies shall contain the following:

1. An endorsement extending coverage to the City as an insured, in the same manner as the named insured as respects liabilities arising out of the performance of any work under the Contract. Such insurance shall be primary insurance as respects the interest of the City, and any other insurance maintained by the City shall be excess and not contributing insurance with the insurance required hereunder.

2. “Severability of Interest” clause.

3. Elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.

4. Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract.

Promptly on execution of the Contract, and prior to commencement of any work, the Contractor shall deliver to the City copies of all required policies and endorsements thereto on the forms 195
91 supplied by the City.

The Contractor shall require and verify similar insurance on the part of its Subcontractors.

The foregoing requirements as to the types, limits and City approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligation assumed by the Contractor under the Contract.

Any policy or policies of insurance that the Contractor or his Subcontractors elects to carry as insurance against loss or damage to their construction equipment and tools or other personal property used in fulfillment of this contract shall include a provision waiving the insurer’s right of subrogation against the City.

The cost of all insurance shall be included in the contractor’s bid.

Instructions for completing the required endorsements and forms therefore are attached to these Special Provisions as Exhibits A-F.

Section 5-7 Safety
The following is in addition to the provisions of Section 5-7:

Section 5-7.9 Emergency Provisions
The following is in addition to the provisions of Section 5-7:

Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.

Whenever, in the opinion of the City, an emergency exists of which the City is aware and against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by the progress of construction; and whenever, in the opinion of the City, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the Contract, then in that event the City may provide suitable protection to said interests by causing such work to be done and material to be furnished, as in the opinion of the City may seem reasonable and necessary, all at the expense of the Contractor.

Section 5-8 LAWS TO BE OBSERVED:

Subdivision 5-8.1: Laws and Regulations - The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which, in any manner, affect those engaged or employed on the work, the materials used in the work or the 196
92 conduct of the work. If any discrepancy or inconsistency should be discovered in this contract or in the Plans or Specifications herein referred to, in relation to any such law, ordinance or regulation, the Contractor shall forthwith report the same in writing to the Engineer. The Contractor shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violations of any such laws, ordinances or regulations whether by himself or by his employees or his subcontractors or their employees.

Except as otherwise explicitly provided in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.

All state laws, all county and city ordinances and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and works required to be done hereunder, shall be deemed to be and hereby are made controlling and part of these specifications.

Subdivision 5-8.2: General - The Contractor shall keep himself fully informed of all existing state and national laws and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

Subdivision 5-8.3: Eight-Hour Law - Eight (8) hours labor constitutes a legal day's work. The Contractor shall forfeit as a penalty $25.00 (Twenty-five dollars) for each workman employed in the execution of the contract by the Contractor or any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code and in particular, Section 1810 to Section 1815 thereof inclusive except that work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week, shall be compensated at not less than one and one-half (1 1/2) times the basic rate of pay as provided in Section 1815.

Subdivision 5-8.3: Prevailing Rate of Per Diem Wages - Pursuant to the provisions of Section 1773 of the Labor Code, the general prevailing wage rates in the County in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates. The Federal Minimum wage rates for this project as predetermined by the United States Secretary of labor are set forth herein by addenda and in copies that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the federal minimum wage rates, if necessary, will be issued to holders. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
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93 Attention is directed to the Federal minimum wage rate requirements in these Special Provisions.

If there is a difference between the minimum wage rates predetermined by the Secretary of labor and the general prevailing wage rates determined by the Director of the California Department of Industries Relations for similar classifications of labor, the Contractor and subcontractor shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determination. This includes “helper” (or other classifications based on hours of experience) or any other classifications not appearing in the Federal wage rate determination. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractor, the Contractor and subcontractor shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.

The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid, bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information with be treated confidentially and caller anonymity will be respected.

The Contractor shall comply with Labor Code Section 1775. In accordance with said section, the Contractor shall forfeit as a penalty to the City $50.00 (fifty dollars) for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the contract by him or by `any subcontractor under him in violation of the provisions of the Labor Code and in particular Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

Subdivision 5-8.4: Certified Payroll - Pursuant to Section 1776 of the Labor Code, the Contractor and/or subcontractors shall submit weekly to the City for each week in which any contract work is performed a certified copy of all payroll records. Should the Contractor fail to provide such payroll certificates, the City may withhold $1,000.00 for each weekly payroll certificate not received from payment due.

Section 5-9 FAIR EMPLOYMENT PRACTICE COMMISSION CERTIFICATION:

The Contractor's attention is directed to the requirements in Section 12990 of the Government Code for nondiscrimination and compliance employment programs. 198
94 Section 6 Prosecution And Progress Of The Work
Section 6-1 Construction Schedule and Commencement of the Work The following is in addition to the provisions of Section 6-1:

The Contractor’s proposed construction schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Contract Approval. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods and clarify inspection procedures.

The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Public Works Manager and the County Sheriff’s Department or the City Police Department prior to beginning work.

The Contractor shall also notify the City of Hermosa Beach and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following utility companies list of names and telephone numbers is intended for the convenience of the contractor and is not guaranteed to be complete or correct:

Southern California Edison Co. 310/783-9332
The Gas Co. 310/605-7837
Verizon 818/837-0394
Hermosa Beach Police & Fire 310/524-2750
Time Warner (Cable TV) 310//216-4184
West Basin Municipal Water District 310/217-2411
Athens Services 626/934-4696
California Water Service Co. 310/257-1428
Underground Service Alert 800/227-2600
Los Angeles County Flood Maintenance 562/861-0316
Los Angeles County Public Works 626/458-3109
The Contractor shall submit periodic Progress Reports to the Director of Public Works by the tenth day of each month. The report shall include an updated Construction Schedule. Any 199
95 deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.

Section 6-6.3 Working Day
The following is in addition to the provisions of Section 6-6:

The Contractor’s working hours shall be limited to the hours between 8:00 A.M. and 4:00 P.M., Monday through Friday. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of the City Engineer. The Contractor shall provide adequate light for proper prosecution of the work, for the safety of the workmen and the public, and for proper inspection.

In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead and travel time. The service fees will be deducted from any amounts due to the Contractor.

The following days are considered holidays, and no work will be allowed on the project.

Any work not completed and fully open to public traffic shall be maintained in a safe and delineated condition. Traffic control and safety devices shall be maintained at all times.

Memorial Day May 31, 2022
Independence Day July 4, 2022
Labor Day September 6, 2022
Veteran’s Day November 11, 2022
Section 6-9 Liquidated Damages
The following is in addition to the provisions of Section 6-9:

The amount of liquidated damages is hereby amended to $1,000 for each consecutive calendar day.
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96 Section 7 Measurement and Payment
Section 7-3.2 Partial and Final Payment
Section 7-3.2 is hereby deleted and replaced with:

The closure date for periodic progress payments will be the twenty-fifth day of each month.

Authorization to pay is commonly received on the tenth day of the following month. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents.

Section 7-3.9 Work Performed Without Direct Payment
The following is in addition to the provisions of Section 7-3:

Tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit bid prices in the Proposal and no additional compensation will be paid therefor.

Section 7-4.2 Basis for Establishing Costs
Section 7-4.2 shall be changed as follows:
(a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus the employer payments of payroll taxes, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by collective bargaining agreements.

Section 7-4.3 Markup
Section 7-4.3 shall be changed as follows:
(a) Work by Contractor. An allowance for overhead and profit shall be added to the Contractor’s costs as determined under 3-3.2.2 and shall constitute the full and complete markup for all overhead and profit on extra work performed by the Contractor. The Contractor shall also be compensated for the actual increase in the Contractor’s bond premium caused by the extra work. Equipment rates shall be determined utilizing the latest published Caltrans equipment rates for costs determined under each subsection in 3-

3.2.2, the markup shall be:
(a) Labor 20%
(b) Materials 15%
(c) Tool and Equipment Rental 15%
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97 (d) Other Items 15%
(b) Work by Subcontractor. When any of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s costs as determined under 3-3.2.2. An allowance for the Contractor’s overhead and profit shall be added to the sum of the Subcontractor’s costs and markup and shall constitute the full and complete markup for all overhead and profit for the Contractor on work by the Subcontractor. For Contractor markup of Subcontractor’s costs, the allowance shall be 10% on the first $2,000 or portion thereof and 5% on costs in excess of
$2,000.

Section 400 Protection and Restoration
The following is in addition to the provisions of Section 400-1 The Contractor shall protect in place existing landscaping, walls, planters, buildings and other improvements, and restore to its original condition in damaged during the project. 202
98 VII. TECHNICAL SPECIFICATION
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA

IMPROVEMENTS
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99 PROJECT TECHNICAL SPECIFICATIONS
SECTION 100 - GENERAL
100-1 INVESTIGATION OF SITE CONDITIONS
Bidders are urged to visit the site of the work and by their own investigations satisfy themselves as to the existing conditions affecting the work to be completed as part of this project. If the bidder chooses not to visit the site or conduct investigations, bidder will nevertheless be charged with knowledge of conditions, which reasonable inspection and investigation would have disclosed. 100-2 UTILITIES
The existing subsurface utilities have not been shown on plans. To avoid or resolve any interference problems between existing utilities and the proposed work, the Contractor shall field verify the vertical and horizontal locations of all utilities and all other facilities and obstructions prior to beginning any excavations. Contractor must contact respective utility companies regarding existing utilities within the works area.

The use of non-destructive / vacuum potholing techniques for locating or exposing utilities shall not be permitted unless prior written consent is obtained from the Engineer. The City reserves the right to deny the Contractor from utilizing non-destructive / vacuum potholing for any reason.

Unless indicated otherwise in the Contract Documents, Contractor’s bid shall assume that only conventional methods for locating utilities will be allowed. 100-3 WORKMANSHIP AND STANDARD OFCARE
The Plans and specifications are intended to provide sufficient detail for providing installations that are of a high quality. For all items of work and work of various trades, the Contractor is expected to provide workmanship that meets or exceeds the accepted industry standard for each item of work.

Workers are expected to be competent and experienced in their respective trade or to at least be adequately mentored on the job site. Should any specifications or Plans not provide adequate details for the materials or installation requirements of any item of work, the Contactor shall install such item in accordance with the 2021 Greenbook Standard Specifications for Public Works Construction (SSPWC). If the SSPWC does not address a particular work item, the Contractor shall install said item in accordance with the generally accepted industry standard unlessthe City provides additional detailsto the Contractor, in which case the City’s directives shall prevail. 204
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100-4 SUBMITTALS
The contractor shall provide the following submittals prior to starting construction:
• Project Construction Schedule, and phase sequence plan • Preconstruction DVD, 2 copies in color
• Copy of City Business License (Prime and Subcontractors) • 24 Hr. Emergency Phone Call List
• Letters identifying site authorized contractor’s representative or “Superintendent” and contractor’s “Competent Person”
• Vehicular and Pedestrian Traffic Control Plan (paper and PDF), SWPCP/ Best Management Practices
• AC Base Material Specifications, Concrete Material Specifications, Truncated Domes for Access Ramps
• Literature describing products, installation and maintenance procedures. Shop drawings for products specified
• Resident Notifications
• And others as requested by the engineer
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SECTION 101 – MOBILIZATION
101-1 SCOPE OF WORK
Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site.

Mobilization shall additionally include the establishment of any temporary facilities and the submittal of a detailed construction schedule. Contractorshall notify residents within the work area of their construction schedule and activities affecting the resident’s area 72 hours in advance.

Mobilization shall be 5% maximum of the entire contract amount.

Work under this item shall include furnishing all labor and materials necessary to provide public notice to residents and businesses in locations with access or parking impacted by project construction. Exhibit H contains maps showing which lots to give the notice/door hangers to be attached. Notices should be given out 1 week ahead any mobilization or work on the public rightof-way. Multiple rounds of noticing may be required. Contractor to submit sample notice/door hanger for the City’s review and approval prior to noticing.

The Contractor also certifies that he/she isregistered with the department of industrial relations. Bid items costs associated with Mobilization (including but not limited to sanitary facilities, parking, surveying, construction water, equipment and materials staging area, temporary fencing, gates, screening, and all associated items), bonds, insurance, traffic control plan with pedestrian traffic control included, labor, equipment, materials, overhead, profit, all other indirect costs shall be included in each bid item.

No material, equipment, or vehicles to be left overnight on sidewalks or streets. If staging area is needed by contractor, City facilities and grounds will not be available for use by the contractor.

Possible staging area can be found in Redondo Beach at the corner of Pacific Coast Highway and Herondo Street. The lot is owned by Edison. Contact information is provided below for inquires to use the lot for staging.

Maria Parcell, SCE Land Services
[email protected]
(909) 274-1877
101-2 VIDEO RECORDING
A minimum of one week prior to start of construction, the Contractor shall video record all areas where construction is to take place. Such video recordings shall be provided to the Engineer before construction commences. These video recordings shall serve as a record of the existing conditions for disputes arising from restoration and should therefore be taken along the line of construction and site access and staging areas at sufficient detail as necessary to clearly depict details of existing conditions. Video recordings shall document existing roadway striping and all painted curb markings in the project area. The video recordings shall be standard DVD (digital video disk) in color. All video recordings shall be indexed and catalogued in such a manner that each 206
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photographed area is readily identifiable and shall also indicate the date and time (hour, minutes, and seconds) on which the recording was made. The Contractor shall also video record any unusual conditions encountered during construction that are not already a matter of photographic record. In any areas where existing conditions cannot be determined by means of video recording, the area shall be restored as approved by the Engineer at Contractor's expense. All video recordings shall become the property of the City.
101-3 MEASUREMENT AND PAYMENT
Measurement and paymentformobilization is 5% maximum of the contract price and shall bemade at lump sum price listed in the Bid Schedule.
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SECTION 102 - MISCELLANEOUS REMOVAL/ DISPOSAL OF MATERIAL AND

PAINT REMOVAL
102-1 GENERAL
All work shall conform to Section 300-1, "Clearing and Grubbing," of the 2021 Greenbook Standard Specifications for Public Works Construction (SSPWC) and Section 400-1, “General” including any miscellaneous removals as shown on the plans, in the Special Provisions or in these Technical Specifications. Existing City streets used during the disposal operation shall be left in a condition equal to the original.

The Contractor shall be required to always keep the work area clean and clear of unnecessary debris. All salvageable equipment shall be delivered to the City Street Division, located on the northwest corner of Valley Dr. and 6th Street.
102-2 PAINT REMOVAL
Striping and marking which is to be removed shall be removed by wet sandblasting and all sand shall be removed without delay as the sandblasting operation progresses. All sand blasted asphalt pavements shall be sealed with an asphalt emulsion. The contractor shall remove and replace any new constructionworkwith graffitimarkings and blemishes at no additional costto the City. 102-3 MEASUREMENT AND PAYMENT
Measurement and payment for miscellaneous removal is included in various items of work and no additional compensations will be made including all labor, equipment, materials, tools, and all incidentals required to complete the job.

Measurement and payment for paint removal shall be made at square foot price listed in the Bid Schedule for the removal and disposal of all paint removal, including all labor, equipment, transportation, materials, tools, and all incidentals required to complete the job. 208
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SECTION 103 - TRAFFIC CONTROL
103-1 GENERAL REQUIREMENTS
Allwork required formaintaining and controlling traffic during the construction period shall conform to the applicable provisions of the SSPWC and these modifications herein. All such work shall additionally conform to the most recent Edition of the Manual on Uniform Traffic Control Devices (MUTCD) and California Supplement to the MUTCD hereinafter referred as MUTCD.

Issued by the State of California, Department of Transportation (Caltrans) and the "Work Area Traffic Control Handbook," published by Building News, Inc.

All construction work and traffic control shall be scheduled and constructed to provide for a minimum of inconvenience and a maximum of safety to the public vehicular, bicycle and pedestriantraffic.

The Contractor shall be responsible for the protection of vehicular, bicycle and pedestrian traffic until the work called for in the Plans, the Standard Specifications, and these Special Provisions have been accepted by the Engineer.

The Contractor shall notify the Engineer of intent to begin work at leastfive working days before work is to begin. The Contractor shall cooperate with the Engineer relative to handling traffic through the area and shall make all arrangements relative to keeping the working area clear of parked vehicles.

Contractor's equipment and personal vehicles of the Contractor's employees shall not be parked on the traveled way nor on any section where traffic is restricted at any time.

During any period when two-way traffic is not provided, as approved by the City, the Contractor shall employ flaggers to control traffic through the construction zone.

Trenches shall be covered, and traffic control signs removed at the end of each working day, unless otherwise approved by the engineer.

The Contractor shall notify the Engineer of any operation that will affect two- way flow of traffic more than five minutes for every half hour of working time, at least three working days in advance of such operation. Submitted traffic control plans must be signed/stamped by a licensed Traffic Engineer.
103-2 CONSTRUCTION SIGNING
Barricades and warning devices shall be provided by the Contractor to delineate the edge of transversable road and shall conform to the MUTCD. Barricades shall be installed around all open traffic areas when no work isin progress.

Advance warning signs shall be provided with orange warning flags in advance of temporary stop signs. Temporary stop signs are required any time a traffic signal is dark. Temporary stop signs shall be mounted at 7 feet high.
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The Contractor shall post standard "NO PARKING" construction zone signs 72 hours prior to construction, not more than 50 feet apart within the work area, showing the date and time of construction. “NO PARKING” signs are to have the language “By order of the H.B.P.D. 318- 0360 CVC 22658 / HBMC 10.32.220 & 10.12.040” on the signs. Sample sign can be obtained from the City.
103-3 ACCESS
Access to street intersections, public and private parking lots, commercial businesses, residences, and other public and private properties shall be maintained at all times. At least 72 hoursin advance of starting any work that may affect the access to private properties, the Contractor shall provide written notice to such property owners. Vehicular access to and from commercial and residential driveways and parking lots shall be maintained at all times, except when performing items of work which cannot be accomplished without accessrestriction.

When access must be restricted, as determined by the Engineer, it shall occur only for the time period required to accomplish the particular item of work.

Modifications to traffic control shall be performed to correct any deficiencies in traffic flow (vehicular, bicycle, pedestrian, etc.) as deemed necessary by the Engineer or Public Works Inspector
103-4 RESTRICTIONS ON CLOSURE OF TRAFFICLANES
A. All traffic lanes shall be open for public use on the days and at the times specified below:

1. Saturdays, Sundays and legal holidays: from 12:01 a.m. to 11:59 p.m.

2. Fridays and any day preceding a legal holiday: from 5:00 a.m. to 11:59 p.m.

3. All days not covered in 1 and 2 above:
7:00 a.m. to 8:30 a.m. and 4:00 p.m. to
6:00 p.m.

4. Non-construction hours: all hours when the Contractor's employees are not physically present at the construction site actively performing contract work.

5. In the vicinity of any Elementary or Middle School, the Contractor shall determine arrival and departure times of said school and shall 210
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provide for adequate traffic control for any school age pedestrian and/or bicycle routes to the school during the arrival and departure periods.The submittal oftraffic control plansshall include arrival and departure timesfor each school. At no time will traffic control be allowed in the immediate vicinity so as to cause a hazard to a school pedestriancrosswalkduringarrival anddeparture time periods.

B. On those days and hours when closure of traffic lanes is not prohibited under the provisions of the preceding subparagraph A, no more than one lane may be closed at any time during construction hours. During any lane closure, type II flashing arrow boardsshall be used in accordance with the MUTCD.
103-5 TEMPORARY GUIDE MARKERS
Temporary guide markers shall be either portable delineators or fluorescent traffic cones and shall conform to these Special Provisions. Only one type of temporary guide marker shall be used at any one time.

Temporary guide markers shall be placed at all locations shown on the traffic control plans and at such locations as directed by the Engineer.

Temporary guide markers shall be left in place at their designated locations; maintained, repaired and replaced asrequired untiltheirremovalis approved by the Engineer.

If the temporary guide markers are damaged, or are not in an upright position, for any reason, said markers shall immediately be replaced, or restored to their original locationsin an upright position, by theContractor, 24 hours per day, 7 days per week for as long as required by the City. 103-6 PORTABLE DELINEATORS
Portable delineators shall conform to Section 12-3.04 of the State Standard Specifications.

The portable delineatorsshall be spaced as necessary for proper delineation; however, in no case shall the spacing between portable delineators exceed 25 feet on tangents or 10 feet on curves. 103-7 FLUORESCENT TRAFFIC CONES
Fluorescent traffic cones shall be new or reconditioned, and of good commercial quality flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be a highly pigmented fluorescent orange polyvinyl compound. The overall height of the cone shall be at least 28 inches. The base shall be of sufficient weight and size orshall be anchored in a mannersuch that the traffic cone will remain in an upright position.

The fluorescent traffic cones shall be spaced as necessary for proper delineation; however, in no case shall the spacing between fluorescent traffic cones exceed 25 feet on tangents, or 10 feet on 211
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curves.
103-8 TEMPORARY STRIPING
Temporary striping and marking fortraffic controlshall conform to the 2021 version of the SSPWC, except that flexible, reflective Temporary Raised Pavement Markers (TRPM), as manufactured by Davidson Plastics Company, or approved equal, may be used in lieu of paint or pavement tape. Any striping and marking which has no further use shall be removed by wet sandblasting, and all sand used in sandblasting shall be removed without delay as the sandblasting operation progresses. All sandblasted asphalt pavementshall be sealed with an asphalt emulsion (SS 1H emulsified asphalt). 103-9 EMERGENCY RESPONSE BY CITYFORCES
If the Contractor fails to maintain and control traffic at any time during the construction period such that the safety to public vehicular, bicycle and/or pedestrian traffic is compromised in any way in the opinion of the Engineer or the City Police Department, the City will require the Contractor to stop work and open all traffic lanes, or immediately modify the traffic control plan, subject to approval by the City, to ensure that the unsafe situation is corrected. If, due to the nature of the work, it is impossible to open all traffic lanes, or the Contractor is unable to immediately modify the traffic control plan to restore safe and adequate traffic control, the City may mobilize emergency forces to re-establish adequate and safe traffic control. The emergency forces may include Police Department, Maintenance Services Division, Engineering Division, contractors or consultants hired by the City or other personnel as required to re-establish adequate and safe traffic control.

The Contractor shall pay for the full and complete time and material cost for any emergency response by City forces and firms hired by the City as described herein. This payment shall be in addition to the liquidated damages provided for in Section 6-9 of these specifications. Contractor agrees to pay such costs as provided for in this paragraph, and in case the same are not paid, Contractor agrees that City may deduct the amount of such costs from any money that is due or that may be due the Contractor under the contract. The Contractor shall not be entitled to any delay claims for worked stopped by the City in order to correct an unsafe traffic condition, regardless of whether or not traffic control was set up in accordance with an approved traffic control plan. 103-10 MEASUREMENT AND PAYMENT
Measurement and payment for all elements of the Traffic Control shall be made at lump sum price listed in the Bid Schedule. Cost is to include all labor, equipment, transportation, materials, tools, and all incidentals required to complete the job.
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SECTION 104 - ADJUSTING UTILITY COVERS
104-1 SCOPE OF WORK
The Contractor shall mark, as approved by the Engineer, all manholes, valves, substructures, survey monuments, vaults, utility boxes, or any other items that are visible on the surface and that will be in the way of constructing a fully compliant ADA access ramp. Vegetation interfering with construction operations shall be carefully trimmed without damaging the integrity of the vegetation. Vegetation, which must be removed for construction, shall be removed, and disposed of by the Contractor. The contractor shall protect in place and or reconstruct any irrigation lines/ sprinkler heads hindering (and adjacent to) the construction activity area as directed by the City Engineer or his/her representative.

This shall be completed prior to the start of that operation and approved by the Engineer.

All utility covers within the streets to be resurfaced and/or reconstructed shall be raised to grade within five (5) working days after construction of the final surfacing materials. The top of the concrete ring shall be 2” lower than the final grade. Asphalt Concrete shall be used for the final 2” cap. Care shall be taken to keep frames and covers clean. The manholes, including the shelf, shall be covered at all times during construction to prevent debris from entering the sewer and storm drain systems. Any materials that are adhered to the frames and covers shall be removed. If structurally unsound manhole frames and covers are discovered, Contractor shall contact the City Engineering Division for replacement frames and covers. The City will provide replacement frames and covers to the Contractor and Contractor shall install replacement frames and covers at no additional cost to the City.

Manhole frames and covers may be raised using grade rings or formed concrete in accordance with Section 403 ofthe SSPWC. "JiffyRings" will not be allowed. 104-2 MEASUREMENT AND PAYMENT
Measurement and payment for adjusting, relocating, replacing, and or installing, utility vaults, boxes, manholes, etc. shall be included in the ADA curb ramp price. The measurements and shall include all labor, materials, tools, equipment, transportation, and incidentals for adjusting utility covers in accordance with the Contract Documents.
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SECTION 105 – SAW CUT
105-1 SAW CUT
In addition to the provisions of Subsection 300-1 of the 2021 edition of the Standard Specifications for Public Works Construction (SSPWC), where Asphalt Concrete and Portland Cement Concrete are shown on the plans to be saw cut, the existing surface shall be saw cut to a neat line with a power-driven concrete saw. The depth of cut shall be at least one-half of the depth of the Asphalt Concrete or Portland Cement Concrete to be cut and of sufficient depth that no damage to the existing surface which is to remain in place occurs during excavationoperations.

Any area of excesssaw cutshall be removed and replaced to the satisfaction of the City Engineer. No over saw cutting will be allowed.

The Contractor shall conduct operations so as not to damage the integrity of the edge of the saw cut surface. Any damage to the saw cut edge shall be corrected by the Contractor, as directed by the Engineer, by additional saw cutting around the damaged area prior to the start of the construction of the new improvements. Any additional saw cutting required to correct the damaged edge shall be at the Contractor's expense.
105-2 MEASUREMENT AND PAYMENT
Measurement and payment for saw cut is included in the ADA curb ramp price including all labor, equipment, materials, tools, and all incidentals required to complete the job. No additional payment will be made for saw cutting.
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SECTION 106 - COMPACTION TESTS
106-1 COMPACTION AND COMPACTIONTESTS
The City Engineer will have tests performed to ensure that all parts of the pavement section and trench backfill comply with the specifications. These tests will be performed at no cost to the Contractor, except that the Contractor shall reimburse the City for any retesting necessary because the material or work did not comply with the specifications on the first tests. 106-2 LABORATORY MAXIMUMDENSITY
Subsection 211-2, Compaction Tests, of SSPWC shall be deleted and replaced by the following:

Method 1 -Laboratorymaximumdensity ofsoilshall be determined byASTM D-1557.

Method 2 - Laboratory maximum density of base and sub-base materials shall be determined by Test Method No. Calif. 216, Method A
106-3 FIELD DENSITY
Field density of soil shall be determined by ASTM D-1556, sand cone method, or by ASTM D2922, nuclear method. 106-4 RELATIVE COMPACTION
The words "relative compaction" or "relative density" shall mean the ratio of the field density to the laboratory maximum density expressed in percent.
106-5 MEASUREMENT AND PAYMENT
Measurement and payment for compaction and compaction tests is included in the ADA curb ramp price and no additional compensation will be made for the compaction and compaction tests, including all labor, equipment, materials, tools, and all incidentals required to complete the job. No additional payment will be made for compaction tests.
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SECTION 107 – ADA ACCESS RAMP CONSTRUCTION
107-1 SCOPE OF WORK
The Contractor shall construct access ramps at locations designated on the contract drawing plans.

Ramps shall conform to the 2021 edition version of the Standard Plans for Public Works Construction (SPPWC) Details, Section 111-5.

TheContractorshall remove and replace all existing concrete sidewalk, curb and gutter at or beyond the BCR and ECR to the tooled groove marks or/as shown on plans as part of the access ramp per SPPWC per plans or as directed. All concrete surfaces, joints and edges shall be neatly finished in accordance with Subsection 303-5 of the 2021 version of the SSPWC, using proper finishing tools andtechniques.Finishedsurfacesshallmatchthe finish and color of adjacent concrete.

Asphalt concrete for reconstructed sectionsshall conform to Subsection 203- 6 of the 2021 version of the SSPWC.

Base material for reconstructed sections shall conform to Subsection 200-2.5 of the 2021 version of the SSPWC and shall be compacted to 95% relative compaction using mechanical compacting equipment.
107-2 CURB RAMP CONSTRUCTIONLIMITATIONS
Accessrampsshall be constructed within two (2) working days after removal ofsidewalks, curb, and gutter at each location. Clearing and grubbing shall be in accordance with Subsection 300-1 of the 2021 version of the Standard Specifications for Public Works Construction (SSPWC), including removal and disposal of materials.

A maximum of 4 ramps may be under construction at each of the locations indicated on the plans at one time. Pedestrian access shall be considered when sidewalk access is restricted for construction. In order to maintain a safe route to school during the construction of ramps, ramps across Prospect Avenue within any given intersection shall not be constructed at the same time. For example, if any/all of Ramps No. 1 or 2 indicated in plans is under construction, concrete, and demo work for Ramps No. 3 or 4 not permitted.
107-3 REAR SIDE CURB ASSOCIATED WITH CURBRAMP
Where necessary to match existing grades at the back or side of the ramp, the Contractor shall construct a rear curb for access ramps. Curb height shall be constructed to match existing grade.

Where existing walls are adjacent to access ramp construction, the rear side curb shall be constructed to protect
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existing walls. Contractor shall protect in place existing vegetation and miscellaneous items adjacent to rear curb for access ramps within adjacent private property. 107-4 RELOCATION OF CONFLICTINGFACILITIES
The Contractor shall relocate existing facilities such as street sign poles that are within the curb ramp area that conflict with the new proposed construction. Any damaged signs due to construction shall be replaced. The new location for such facility shall be as directed by the Engineer, if not already included in the plans, in the field and shall be within the general vicinity of the existing.
107-5 CAST IN PLACE TILE WARNING SURFACES
Ramps may require multiple truncated domes tiles/panels. Curb ramp detectable warning tiles shall consist of raised truncated domes installed on curb ramps in conformance with theCity of Hermosa Beach Standard Construction Details shown on the plans and these special provisions. Truncated dome material shall be Armor-Tile Tactile Systems, Yellow Detectable Warning Tiles, or equivalent by a single manufacturer of Cast In Place Detectable/Tactile Warning Surface Tiles, cast-in-place, and installed per manufacturer’s recommendation. All material submittals must be submitted and approved by the Engineer prior to commencement of construction. The finished surfaces of the detectable warning tiles shall be free from blemishes. Panels may have embedded frames with replaceable surfaces or non-removable surfaces.

Tiles/Panels are to be cut so that they align flush with any curved edges or radius of the curb ramp.

Prior to constructing all cast-in-place detectable warning tiles, the Contractor shall demonstrate the ability to produce a detectable warning tile conforming to the details shown on the plans and these special provisions by constructing a 36" x 48" test panel at one of the access ramp locations.

The manufacturer shall provide a written and signed 5-year warranty equal to or exceeding the remedies by Armor-Tile Tactile Systems for prefabricated detectable warning tiles (see appendix), guaranteeing replacement when there are defects in workmanship and material including deterioration, breakage and delamination. The warranty period shall begin upon acceptance of the contract. A signed warranty shall be provided to the City prior to final progress payment and release of retention.
107-6 SUBMITTALS
Contractor shall submit manufacturer’s literature describing products, installation procedures and routine maintenance
Contractor shall submit one (1) tile sample minimum 6” x 6” of the kind proposed for use.

Contractor shall provide shop drawings for products specified showing fabrication details, composite structuralsystem, tile surface profile,sound on cane contract amplification feature, plans 217
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of tile placement including joints, and material to be used as well as outlining installation materials and procedure.

A complete test report shall be submitted by the Contractor from a qualified accredited independent testing laboratory that qualifies the materials used for the proposed product is in compliance with requirements andmeet or exceed the test specified below. 107-7 QUALITY ASSURANCE
Installer shall be an experienced installer qualified for installation, who has successfully completed installationssimilarinmaterial, design, and extent to that indicated for project.

Contactor to use only approved DSAAC detectable warning products as provided in the California Code of Regulations(CCR) Title 24, Part 2, Cast In Place Detectable/Tactile Warning Surface Tiles shall be an epoxy polymer composition with an ultra violet stabilized coating employing aluminum oxide particles in the truncated domes or a homogenous glass and carbon reinforced composite, which is colorfast, and UV stable. The tile shall incorporate an in-line pattern of truncated domes measuring nominal 0.2” height, 0.9” base measured side by side and a center-to-center spacing of

1.67” minimum and 2.35” maximum. For safety, the field area shall consist of a non-slip surface with a minimum of 40 – 90 degrees raised points 0.045” high, per square inch; “Armor-Tile” as manufactured by Engineered Plastics Inc., ADA Solutions or approved equal.

Detectable/tactile warning surface tiles shall meet or exceed the following requirements:

1. Water Absorption of Tile when tested by ASTM D 570-98 not to exceed

0.07%

2. Slip resistance of tile when tested by ASTM C 1028-96 the combined wet and dry static co-efficients of friction not to be less than 0.80 on top of domes and field area when wet.

3. Compressive strength of tile when tested by ASTM D 695-02a not to be less than 28,000 psi.

4. Tensile strength of tile when tested by ASTM D 638-03 not to be less than 11,000 psi.

5. Flexural strength of tile when tested by ASTM D 790-03 not to be less than 25,000 psi.

6. Chemical stain resistance of tile when tested by ASTM D 543-95 (reapproved 2001) to withstand without discoloration or staining –10% hydrochloric acid, urine, saturated calcium chloride, black stamp pad ink, chewing gum, red aerosol paint, 10% ammonium hydroxide, 1% soap solution, turpentine, urea 5%, diesel fuel and motor oil or no deterioration per ASTM 1308.
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7. Resistance to wear of unglazed ceramic tile by taber abrasion per ASTM C501-84 (re-approved 2002) shall not be less than 500.

8. Fire resistance of tile when tested to ASTM E 84-05 flame spread shall be less than 20.

9. Accelerated weathering of tile when tested by ASTM G 155 for 2000 hours shall exhibit the following result - E<5.0, as well as no deterioration, fading or chalking of surface.

10. Salt and spray performance of tile when tested to ASTM B 117-03 not to show any deterioration or other defects after 200 hours of exposure.

11. Accelerated aging and freeze thaw test of tile and adhesive system when tested to ASTM D 1037-99 shall show no evidence of cracking, delamination, warp age, checking, blistering, color change, loosening of tile or other detrimental defects or no disintegration per ASTM 1026. 107-8 SITE CONDITIONS
Maintain minimum temperature of 40 degrees Fahrenheit in spaces to receive Cast in Place Detectable/Tactile Warning Surface Tiles for at least 24 hours prior to installation, during installation, and for not less than 24hours after installation.

The use of water for work, cleaning, or dust control, shall be contained and controlled and shall not be allowed to come into contact with the general public. Provide barricades or screens to protect the general public.
107-9 INSTALLATION PROCEDURE
Installation shall be in strict accordance with manufacturer’ recommendations. During tile installation procedures, ensure adequate safety guidelines are in place and that they are in accordance with the applicable industry and government standards.

The specifications of the structural adhesives, fasteners, and related materials shall be in strict accordance with the contract documents andthe guidelines set by their respective manufacturers.

The physical characteristics of the concrete shall be consistent with the contract specifications while maintaining a slump range of 4 – 7 to permit solid placement of the Cast-In-Place Tile System. An overly wet mix will cause the Cast-In-Place System to float. Under these conditions, suitable weights such as 2 concrete blocks or sandbags (25 lb.) shall be placed on each tile.

The concrete pouring and finishing operationsrequire typical mason’stools, however, a smart level with electronic slope readout, 25 lb. weights, and a large rubber mallet can be used for the installation of the Cast-In-Place System. A vibrating mechanism such as that manufactured by Vibco can be employed, if desired. The vibrating unitshould be fixed to a soft base such as wood, at least 1-foot square.
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The factory-installed plastic sheeting must remain in place during the entire installation process, to prevent the splashing of concrete onto the finished surface of the tile.

When preparing to set the tile, it is important that no concrete be removed in the area to accept the tile. It is imperative that the installation technique eliminates any air voids under the tile. Holes around the tile perimeter allow air to escape during the installation process. Concrete will flow through the large holes in each vane on the underside of the tile. This will lock the tile solidly into the cured concrete.

The concrete shall be poured and finished true and smooth to the required dimensions and slope prior to the tile placement. Immediately after finishing concrete, the electronic level should be used to check that the required slope is achieved. The tile shall be placed true and square to the curb edge in accordance with the contract drawings. The Cast-In-Place Tiles shall be tamped (or vibrated) into the fresh concrete to ensure that the field level of the tile is flush to the adjacent concrete surface. The contract drawings indicate that the tile field level (base of truncated dome) is flush to adjacent surfaces to permit proper water drainage and eliminate tripping hazards between adjacent finishes. The tolerance for elevation differences between tile and adjacent surface is 1/16”.

Immediately after tile placement, the tile elevation is to be checked to adjacent concrete. The tile elevation and slope should be set consistent with contract drawings to permit water drainage to curb as the design dictates.

While concrete is workable, a 3/8” radius edging tool can be used to create a finished edge of concrete. A steel trowel can be used to float the concrete around the tile’s perimeter, flush to the field level of tile.

During and after the tile installation and the concrete curing stage, it is imperative that there is no walking, no leaning or external forces placed on the tile to rock the tile, causing a void between the underside of tile and concrete.

Following tile placement, review installation tolerances to contract drawings and adjust tile before the concrete sets. Two suitable weights of 25 lb. each can be placed on each tile as necessary to ensure solid contact of the underside of tile to concrete.

Following the curing of the concrete, protective plastic wrap is to be removed from the tile face by cutting the plastic with a sharp knife, tight to the concrete/tile interface. If concrete bled under the plastic, a soft wire brush will clean the residue without damage to the tile surface.

Tiles can be cut to custom sizes, or to make a radius, using a continuous rim diamond blade in a circular saw or mini-grinder. Use of a straightedge to guide the cut is advisable whereappropriate.

Any sound-attenuating plates on the underside of the tile, which are dislodged during handling or cutting, should be replaced and secured with construction adhesive. The air gap created between these plates and the bottom of the tile is important, in preserving the detect-ability properties of the Armor-Tile System.
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107-10 MEASUREMENT AND PAYMENT
Measurement and payment for constructing access ramps shall be made per its respective type of curb ramp per the bidding schedule.

The above contract unit price shall include full compensation forfurnishing all labor, materials, tools, equipment, transportation, detectable tactile warning surfaces, relocation of conflicting facilities including but not limited to saw cutting, compaction tests, adjusting utility boxes, benches, signs, curb paintings, utilities, trash bins, and incidentals and for doing all the work involved in constructing access ramps, complete in place in accordance with the Contract Documents and as directed by theEngineer.
107-11 MEASUREMENT AND PAYMENT
Measurement and payment for adjusting street sign poles to grade will be is included in the ADA curb ramp price including all labor, equipment, materials, tools, and all incidentals required to complete the job. No additional payment will be made for adjusting street sign poles. 221
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SECTION 108 – SIDEWALK CONSTRUCTION
108-1 SCOPE OF WORK
Existing sidewalk, within curb ramp areas shown plans and as requested by the City Engineer, shall be removed and replaced with new 520C-2500 PSI concrete per the 2021 version of the Standard Plans for Public Works Construction (SPPWC) 113-2 and as shown on theplans.

Sidewalk shall be constructed within two (2) working days after removal of sidewalks in each location. The Contractor shall remove all existing concrete sidewalk shown on the plans to the nearest control joint beyond the curb ramp area. Clearing and grubbing shall be in accordance with Subsection 300-1 of the 2021 version of the Standard Specifications for Public Works Construction (SSPWC), including removal and disposal of materials.

All concrete surfaces, joints and edgesshall be neatly finished in accordance with Subsection 303-5 of the 2021 version of SSPWC, using proper finishing tools and techniques. Finished surfaces shall match the finish and color of adjacent concrete.

The Contractor shall be responsible protecting newly constructed concrete improvements from damage. Contractor shall remove and replace all concrete damaged prior to acceptance. Concrete shall be replaced score line to score line. Patching damaged concrete is notallowed.

The Contractor shall contact the Engineer a minimum of 24 hours prior to performing any excavations within a 25-foot radius of a street tree. Any damage to the street tree may result in tree replacement by Contractor or payment of replacement costs by Contractor based on the value of the damaged tree.

The expansion joint and weakened joint pattern shall be maintained and be reconstructed. 108-2 MEASUREMENT AND PAYMENT
Measurement and payment for sidewalk construction outside of curb ramp areas will be made at the contract unit price per square foot. Alternatively, sidewalk construction within curb ramp areas shown on the plans shall be paid contract unit price listed in the bid per each curb ramp and not added to the measurement and payment for sidewalk construction unit price.

The above contract unit price shall include full compensation forfurnishing all labor, materials, tools, equipment, transportation, and incidentals for sidewalk construction including base material and removal of existing concrete, base material, sand and subgrade in accordance with the Contract Documents.
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SECTION 109 – CURB AND GUTTER CONSTRUCTION
109-1 SCOPE OF WORK
Existing curb and gutter and base material, within curb ramp area shown on the plans, shall be removed, and replaced with new P.C.C. curb and gutter and base per the 2021 version of the Standard Plans for Public Works Construction (SPPWC) Detail 120-3, type as noted on the plans or to match adjacent, or as directed. Monolith pour for sidewalk and curb and gutter shall not be allowed. New concrete gutter must match the height of the existing street pavement. A 2 feet slot cut from edge of gutter, to be repaired per the Standard Plans for Public Works Construction (SPPWC) STD 111-5, is to be included as part of the curb and gutter construction.

Curb and gutter shall be constructed within two (2) working days after removal of sidewalks and driveways in each location. The Contractor shall remove all existing concrete curb and gutter shown on the plans to the nearest control joint. Clearing and grubbing shall be in accordance with Subsection 300-1 of the 2021 version of the Standard Specifications for Public Works Construction (SSPWC), including removal and disposal of materials. Clearing and grubbing shall include cutting and removal of interfering tree roots.

All concrete surfaces, joints and edgesshall be neatly finished in accordance with Subsection 303-5 of the 2021 version of the SSPWC, using proper finishing tools and techniques. Finished surfaces shall match the finish and color of adjacent concrete.

Base material shall conform to Subsection 200-2.5 of the 2021 version of the SSPWC and shall be compacted to 95% relative compaction using mechanical compacting equipment.

Any damages to the street trees may result in tree replacement by Contractor or payment of replacement costs by Contractor based on the value of the damaged tree. 109-2 MEASUREMENT AND PAYMENT
Measurement and payment for curb and gutter construction will be made at the contract unit price per linear foot. Alternatively, curb and gutter construction within curb ramp areas shown on the plans shall be paid contract unit price listed in the bid per each type of curb ramps and not added to the measurement and payment for curb and gutter construction unit price.

The above contract unit price shall include full compensation forfurnishing all labor, materials, tools, equipment, transportation, and incidentals for curb and gutter construction including base material and removal of existing curb, gutter, base material, and subgrade in accordance with the Contract Documents.
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SECTION 110 – TRAFFIC PAVEMENT LEGENDS, STOP BARS AND CROSSWALKS 110-1 GENERAL
This work shall consist of installing/replacing all traffic stripes, legends, crosswalks, and limit lines and providing new STOP legends in accordance with the 2021 version of the Standard Specifications for Public Works Construction (SSPWC). All traffic striping, with the exception of crosswalks and limit lines, shall be sprayable thermoplastic. Crosswalks and limit lines shall be extruded thermoplastic. All striping shall be installed based on the 2021 version of the Standard Specifications for Public Works Construction (SSPWC).

The Contractor shall replace traffic striping, street markings, and curb markings removed or damaged by the work. The Contractor shall be responsible for replacing all reflective pavement markings including blue pavementmarkers at the firehydrant where applicable, except as directed by the Engineer.

The Contractor shall install STOP bars and legends at all STOP sign locations throughout the project conforming to the 2021 version of the Standard Specifications for Public Works Construction (SSPWC) At intersection approaches that are sign controlled, the STOP bar and legend shall be installed even in cases where it was not already existing.

This work shall consist of providing traffic stripes, pavement markings, limit lines, and placement of reflective and non-reflective pavement markers per plan and in accordance with the 2021 version of the Standard Specifications for Public Works Construction (SSPWC), and State of California Standard Plans (SSP).

Final striping and pavement marking shall be completed within five (5) calendar days following the improvements.

Street pavement striping and markings to be removed by wet sandblasting. All sand shall be removed without delay as the sandblasting operations progress. All sandblasted asphalt pavement shall be sealedwith an asphaltic emulsion (SS-1H EmulsifiedAsphalt). 110-2 TEMPORARY STRIPES AND PAVEMENTMARKINGS
Section 400-1, “General,” ofthe 2021 version ofthe Standard Specifications for Public Works Construction (SSPWC) shall be modified to add:
"TheContractorshall, upon completing the construction of asphalt concrete which covers or obliterates existing striping, immediately place temporarystriping or markings along the lines of the existing striping to direct traffic until permanent striping or markers can be placed."
Striping layout shall be approved by the Engineer before placing pavement markers and permanent striping. Contractor shall also be responsible for laying out striping (“cat tracking”) after removal and prior to re-striping.
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110-3 PAINT
Where painting is allowed as specified in the plans, painting of pavement markings and striping shall be in accordance Section 210-1 & Section 310-1 "General," and Section 314-4.3 "Painted Traffic Stripes and Curb and Pavement Markings," the 2021 version of the Standard Specifications for Public Works Construction (SSPWC), except that all traffic markings and striping constructed with Rapid Dry Paint shall be made in two (2) applications, three (3) days minimum between each application, each at the specified application rate. The first application shall be applied within three calendar days after completion of paving.
110-4 PAVEMENT MARKERS
Pavementmarkersshallmeet the requirements of Section 214-6 “Pavement Markers,” per the 2021 and shall be completed immediately after the improvements are completed. 110-5 MEASUREMENT AND PAYMENT
Measurement and payment for painting traffic pavement legends, stop bars, crosswalks, traffic stripes, pavement marking, and pavement markers will be made per square footage unit price.

The above contract unit price shall include full compensation forfurnishing all labor, materials, tools, equipment, transportation, and incidentals for constructing traffic pavement legends, stop bars, crosswalks, traffic stripes, pavement marking, and pavement markers in accordance with the Contract Document.
110-6 MEASUREMENT AND PAYMENT
Measurement and payment for painting curb markings will be made per lineal footage unit price.

The above contract unit price shall include full compensation forfurnishing all labor, materials, tools, equipment, transportation, and incidentals for painting curb markings in accordance with the Contract Document.
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EXHIBIT “A” – SCHEDULE OF PERFORMANCE
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA

IMPROVEMENTS
SECTION 1. BEGINNING OF WORK, TIME OF COMPLETION

1. Attention is directed to the provisions of Section 8-1.03 ("Beginning of Work"), Section 8-

1.06 ("Time of Completion"), and Section 8-1.07 ("Liquidated Damages"), of the State Specifications, and these Provisions.

2. The Contractor shall complete work within forty (40) working days after receiving the "Notice to Proceed".

3. The Contractor and its securities will pay the sum of one thousand dollars ($1,000) as liquidated damages for each working day of delay in the performance of the work in this agreement and as shown on the plans.
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EXHIBIT “B” – SOLID WASTE REPORTING
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA

IMPROVEMENTS

SOLID WASTE REPORTING
Pursuant to the California Integrated Solid Waste Management Act of 1989, the City is required to report the amount of solid waste generated within the City and the disposal of that waste with the ultimate required goal of being a reduction of at least 50% in the amount of solid waste being disposed in landfills. To permit the City to comply with this State law, the contractor is required to complete the Solid Waste Report form, a copy of which is included in these special provisions.

The report includes a summary of the solid waste generated by the project, a summary of solid waste disposed of at class III landfills and a summary of solid waste diverted form disposal through recycling and re-use. The contractor may use a self-generated report format that includes all of the information included on the City form.

The report shall be filed with the City after project completion and prior to final payment. If the project time span includes more than one calendar year, a separate report is required for the solid waste in each calendar year. A report for a calendar year that does not coincide with project completion shall be filed with the City on or before January 31st.

Supporting documents to be submitted with the report shall include legible copies of weigh tickets, receipts, or invoices that specifically identify the job site location that generated the waste materials. If materials are taken to a location where weigh tickets, receipts, or invoices are not available, the contractor shall provide the documentation on its own company letterhead.

The contractor is encouraged to divert solid waste from disposal at landfills through recycling and re-use when possible while maintaining compliance with all other contract specifications and special provisions.
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EXHIBIT “C” – FEDERAL REQUIREMENTS
CIP NO. 601 PROSPECT AVENUE CURB RAMPS & CIP NO. 698 ADA

IMPROVEMENTS
229
Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations
Previous editions are obsolete Page 1 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.

A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR

5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein:

Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the
workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part 230
Previous editions are obsolete