Hermosa Beach City Council
July 9, 2024

CIP 689 – CLARK BUILDING RENOVATIONS
LAWNS & GRASSES 329200 - 4

1. Turf Grass areas shall be free of dead or dying patches, and shall show foliage of a normal density, size and color.

2. Ornamental Grass areas shall be free of dead or dying patches, and shall show foliage of a normal density, size and color.

C. Delays: Delays caused by the Contractor in completing planting operations under this Section which extend the planting into more than one (1) planting season shall extend the Warranty Period correspondingly.

D. Coverage: Warrant growth and coverage of installations under this Section to the effect that a minimum of 95% of the area planted shall be covered and of acceptable appearance with the specified planting after one (1) growing season, with no bare spots.

1. Exceptions: Contractor shall not be held responsible for failures due to neglect by Owner, vandalism, or natural disaster during Warranty Period. Report such conditions in writing.

1.9 FINAL ACCEPTANCE AND LANDSCAPE ESTABLISHMENT PERIOD A. Refer to Section 329813 – Landscape Establishment Period.

PART 2 - PRODUCTS

2.1 TURF GRASS MATERIALS
A. General:

1. Provide sodded installation of Turf Grass areas as designated on the Contract Drawings.

B. Turf Grass Sod Material:

1. Provide certified Turf Grass Sod complying with ASPA’s Specifications for thickness, size, strength, moisture content, and mowed height. Provide Sod of grass species and varieties selected, proportioned by weight, and minimum percentages of purity, germination, and maximum percentage of weed seed.

2. Sod shall consist of live, growing, mature nursery-grown field stock, and shall arrive with a lush appearance, uniform texture, and a deep green color typical of the selected turf grass species.

3. Sod shall be machine-cut from the nursery field with a minimum of one-half inch (1/2”) of soil that completely covers the roots of the Sod. Sod shall contain a healthy, virile root system of dense, strong, thickly matted roots throughout, with no dead or dry edges, and capable of vigorous growth and development when planted. Sod shall be sufficiently dense to bear handling and placement without tearing.

4. Sod shall be free of thatch, diseases, and harmful insects, and reasonably free from noxious or broadleaf weeds or other grasses, and shall not contain any other matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted.
a. Sod shall be considered “weed free” if no more than ten (10) weeds are found per 100 SF of Sod.

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b. Entire lot of Sod shall be rejected if found to contain the following weeds:
common Bermuda grass, quackgrass, nutgrass, johnsongrass, poison ivy, nimbleweed, thistle, bindweed, bentgrass, perennial sorrel, or bromegrass.

5. Turf Grass Sod Species:
a. Type: Platinum te Paspalum™ Drought Tolerant Warm Season Grass. Daily activity levels, durable, hardy, coarse texture, up to 40% shade, mow at 2-1/2” to 3-1/2”, dark-green color year-round.
b. Products & Manufacturers: Subject to compliance with requirements, provide products by one (1) of the following:
1) West Coast Turf, Palm Desert, CA 760-340-7345.
2) Or equal (no known equal).

PART 3 - EXECUTION

3.1 EXAMINATION
A. Verification of Conditions:

1. Grades: Verify that grades are within one-inch (1”) plus or minus (+/-) of the required finished grades. Verify that applicable soil preparation and erosion control materials have installed under other Sections of the Contract Specifications. Report all variations in writing.

2. Irrigation System: Verify that the irrigation system is installed and 100% coverage of the subject area is complete, tested, and in full working order. Complete installation of the irrigation system is a prerequisite for commencing work under this Section.

3. Stones, Weeds, and Debris: Verify that planting areas under this Section are clear of stones larger than 1-1/2 in. diameter, and that weeds, debris and other extraneous materials have been removed prior to installation.

3.2 PREPARATION
A. Limit sub-grade preparation to areas that will be planted in the immediate future.

B. Excessive Soil Moisture: Do not commence Work under this Section when Soil Moisture Content is so great that excessive compaction to the soil will occur during installation. Owner and/or Landscape Architect shall be the sole judges as to a acceptable soil moisture content.

C. Inadequate Soil Moisture: Apply water, in quantity as necessary, to bring soil to a optimum moisture content for installation under this Section. Do not work soil when it is so dry that dust will form in air or where clods will not readily break apart.

D. Cultivation of Slopes: Planting areas of 2:1 slopes and greater shall be ripped or cultivated to a depth of three inches (3”) immediately prior to hydroseeding. Refer to Section 329113 – Soil Preparation.

E. Erosion Control Fabric: Refer to Section 329400 – Landscape Planting Accessories.

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F. Contractor's Option: Perform manual hand seeding, machine, or hydro-mulching of planting areas.

3.3 TURF GRASS SOD INSTALLATION
A. Delivery: Sod slabs shall be delivered on pallets and installed at the Project Site within twentyfour (24) hours after harvesting. Sod not installed within this time period shall be inspected and approved or rejected by the Landscape Architect. Do not lay sod if dormant.

B. Protection: Protect root system of the sod from exposure from the weather, including dehydration, contamination, and heating during transportation to the site and delivery. In hot, dry, or windy weather conditions, stacked sod at the Project Site shall be lightly sprinkled with water to prevent sod slab edges from drying out.

C. Allowance Period for Soil Settlement: Turf Grass Sod installation shall be started only after soil preparation and finish grading has been completed and soil has been permitted to settle under full irrigation during deep-water leaching operations for a minimum of two (2) weeks.

D. After Allowance Period of Soil Settlement has expired, the areas to be sodded shall be loosened to a depth of two-inches (2”), raked, and floated to the final finished grade by a standard acceptable method. Finished areas shall be kept moist, even, and smooth, free from ridges and depressions, rocks, debris, and dirt clods, and reasonably well firmed.

E. Compaction and Final Grading: Contractor shall provide sod beds that will not “footprint.

Lightly rake and roll soil with two-hundred (200) pound water-ballast roller (filled 1/3 – 1/2 full), and bring level firm to finish grade. Final rolling shall be at right angles to slopes to prevent erosion. Sub-soil finish grade shall be sufficiently below the final grade to allow for the thickness of the sod material. Where applicable, newly sodded areas shall blend and match with existing turf grass areas so as to produce a smooth, unified field of turf grass.

F. Application of Fertilizer: Apply the Pre-plant Starter Fertilizer evenly throughout the area to be sodded, at the prescribed application rate. Evenly distribute fertilizer by applying equal quantities in two (2) directions at right angles to each other.

G. Raking: After broadcasting starter fertilizer, lightly rake and smooth seed bed surface to 1/4 in. depth. Install sod immediately thereafter, provided the sod bed has remained in a friable condition.

H. Sodding Operations:

1. Lay sod to form a solid mass with tightly fitted butt joints, with “green-side up”.

2. Starter Strip: Lay first row of sod in a straight line, with subsequent rows parallel to and tightly against each other.

3. Butt ends and sides of sod; do not stretch or overlap. Stagger sod strips or pads (in a running-bond-type pattern) to offset joints in adjacent courses.

4. Avoid damage to sub-grade or sod during installation.

5. Tamp and roll lightly to ensure full contact with sub-grade, eliminate air pockets, and form a smooth surface. Work sifted soil or fine sand into minor cracks between pieces of sod; remove excess to avoid smothering sod and adjacent grass.

6. Lay sod parallel to the lay of the sodded area. Lay sod across angle of slopes exceeding 3:1, beginning at the bottom of slope area.

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7. Anchor sod on slopes exceeding 6:1 with wood stakes spaced at two (2) pegs per square yard. Provide not less than two (2) anchors per sod strip to prevent slippage.

8. Cutting: Use a sharp knife to cut sod to fit straight segments or curves (and apertures in "turfblock" paving). Trim sod in straight lines when planting beds are linear or parallel to the hardscape elements. Trim sod slabs in a smooth, continuous curve when sod edges are placed against curvilinear hardscape elements.

9. Mulch Ring at Sod in Turf Grass Areas: Trim sod in clean diameter circles around the perimeter of trees planted in turf grass areas, as indicated on the Contract Drawings. The Mulch Ring circles shall have the tree trunk located in the middle of the circle. Provide Organic Wood Mulch in these areas, at the designated thickness specified herein this Section.

10. Sod in Grass Paving: Thoroughly press sod into grass paving with walk-behind type vibrator roller. Leave 1/2 in. soil above top of rings after compaction.

I. Initial Watering: Saturate sod with fine water spray within two (2) hours of planting. Do not lay entire amount of sod before beginning watering. Water in lightly, when a relatively large area of sod has been placed.

1. During first week, water daily to supplement rainfall as necessary to maintain moist soil to a minimum depth of two-inches (2”) below the sod until sod has rooted. Repeat watering at regular intervals until sod has established itself.

2. Once established, decrease the watering frequency and increase the amount of water per application.

J. Protection on Site: Erect temporary barricades, warning signs & flags, as required. Protect the sodded areas against vehicular and pedestrian traffic until sodded areas have established growth to the satisfaction of the Owner or Landscape Architect.

K. Sod Establishment:

1. Mow and maintain turf height recommended by the turf grass nursery. Do not cut more than 40% of the total grass blade length in one (1) single mowing.

2. Replace dead or dying sod with new sod.

3. Eradicate weeds between second and third mowing. Apply herbicides uniformly at the Manufacturer’s recommended rate.

4. Apply a second application of the Pre-plant Starter Fertilizer uniformly to the surface at the Manufacturer’s recommended application rate thirty (30) days after seeding.

5. Dispose of protective barricades and warning signs at the termination of the sod establishment period.

6. 3.4 OVERSEEDING SODDED TURF GRASS
A. Preparation: Prepare Sodded Turf Grass bed to receive overseeding installation. Following verticutting/mowing, scarfication, and dethatching, apply seed.

B. Turf Grass Seeding Operations (via Hand Seeding or Mechanical Spreader):

1. Restrictions: Do not broadcast seed when winds exceed fifteen (15) mph.

2. Mechanical Seeder: Sow evenly with an accepted mechanical seeder/culti-packer that covers the seed and forms the seedbed in one (1) operation.

3. Sowing Seeds:
a. Broadcast half of the seed mix, evenly distributed over entire seed bed.

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b. Broadcast remaining half of seed mix at right angles to first pattern, using same method.

4. Areas inaccessible to mechanical culti-packer: Hand broadcast seed and rake seeded ground with flexible rakes. Do not change finish grades. Roll seeded area with roller weighing 150 lbs. per foot of roller width.

5. Peat Humus: Dust on 1/4 in. thick layer of Peat Humus uniformly over seeded bed.

6. Top-dress Fertilizer: Evenly apply at the rate indicated per the manufacturer’s latest printed instructions, per 1,000 square feet, at 25 days and at 50 days after seeding.

C. Initial Watering: Water with fine spray until seed bed is moistened to a depth of four-inches (4”). Do not use a jet nozzle or permit disturbance of surface of seed bed.

1. During first week, water daily to supplement rainfall as necessary to maintain moist soil to a minimum depth of two-inches (2”) below the surface until seed has germinated.

Repeat watering at regular intervals until seed has thoroughly and adequately established itself.

2. Protect seeded areas against hot, dry weather or drying winds. Apply supplemental water, in quantity as required, under these adverse conditions.

3. Once established, decrease the watering frequency and increase the amount of water per application, as required to maintain adequate growth.

D. Protection of Site: Erect temporary barricades, warning signs & flags, as required, protecting seeded areas against vehicular and pedestrian traffic until seeded areas have established growth to the satisfaction of the Owner or Landscape Architect.

3.5 FIELD QUALITY CONTROL
A. Tests: Samples of materials may be taken and tested for conformity to the Contract Specifications at any time by the Landscape Architect.

B. Rejected Materials: Remove rejected materials immediately from the site at Contractor's expense. Pay cost of testing of materials not meeting the Contract Specifications.

C. Intent: A consistent, thriving, and even cover of installed seed, sod, stolons, plugs, or hydromulching materials is the intent of this Section.

D. Satisfactory Installation Performance Standards:

1. Turf Grass Seed: A consistent, thriving, and even cover of installed seeding materials is the intent of this Section At the end of the Landscape Establishment Period, a healthy, uniform, close stand of seeded turf grass has been established, free of weeds and surface irregularities, at100% percent full coverage with no bare spots. Provide additional seed, as required, to meet design intent. Failure to comply with this requirement shall extend the Landscape Establishment Period accordingly until the requirement is met.

2. Turf Grass Sod: A consistent, thriving, and even cover of installed sod materials is the intent of this Section At the end of the Landscape Establishment Period, a healthy, uniform, close stand of sodded turf grass has been established, free of weeds and surface irregularities, at100% percent full coverage with no bare spots. Provide additional sod, as required, to meet design intent. Failure to comply with this requirement shall extend the Landscape Establishment Period accordingly until the requirement is met.

3. Hydro-Mulching Applications: At the end of the Landscape Establishment Period, a healthy, uniform, close stand of hydro-mulched plant material has been established, free

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of weeds and surface irregularities, with coverage exceeding 95% percent coverage with no bare spots exceeding 6” inches. Failure to comply with this requirement shall extend the Landscape Establishment Period accordingly until satisfactory installation requirements are met.

3.6 CLEANING
A. Hydro-mulching Overspray: Upon completion of hydro-mulching operations, clean off any slurry overspray from drainage devices, paving surfaces, plant materials, and site or architectural features. Contractor shall exercise caution in cleaning these areas so as not to wash away previously hydro-mulched areas (as applicable).

B. Erosion: Immediately restore eroded areas. Keep adjacent paved surfaces cleaned of dirt, mud or stains and organic debris.

END OF SECTION

CIP 689 – CLARK BUILDING RENOVATIONS
EXTERIOR PLANTS 329300 - 1
SECTION 329300 – EXTERIOR PLANTS
PART 1 - GENERAL

1.1 SUMMARY
A. This Section includes materials, labor, apparatus, tools, equipment, temporary construction, transportation, and services necessary for and incidental to performing the proper completion of Work, as required to make a complete Exterior Landscape Planting installation, as shown in the Contract Drawings, and as specified herein this Section.

B. Work under this Section consists of, but is not necessarily limited to, furnishing and installing the following:

1. Trees.

2. Shrubs.

3. Ground Covers.

4. Cacti, Succulents, etc.

5. Perennials.

C. Related Sections: The following Sections contain requirements that relate to Work in this Section:

1. Section 025639 – Temporary Tree and Plant Protection.

2. Section 312219 – Landscape Grading.

3. Section 328400 – Landscape Irrigation.

4. Section 329113 – Soil Preparation.

5. Section 329200 – Lawns and Grasses.

6. Section 329400 – Landscape Planting Accessories.

7. Section 329813 – Landscape Establishment Period.

1.2 DEFINITIONS AND APPLICABLE STANDARDS
A. References:

1. ASTM – American Society for Testing Materials.

2. USDA – United States Department of Agriculture.

3. ANSI – American National Standards Institute.

B. Reference Standards:

1. An Annotated Checklist of Woody Ornamental Plants of California, Oregon, and Washington, (Number 4091), McClintock and Leiser, Division of Agricultural Sciences, University of California, 1979.

2. American National Standard for Nursery Stock (ANSI Z60.1). American National Standards Institute, and American Association of Nurserymen, Latest edition,

3. American Joint Committee on Horticultural Nomenclature, 1942 Edition of Standardized Plant Names.

4. Hortus III, 1976 Edition, Liberty Hyde Bailey Hortorium, Cornell University.

5. The Hillier Gardener’s Guide to Trees and Shrubs, 4th Edition, 1978.

6. Manual of Cultivated Conifers, Den Ouden & Boon, 1978.

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7. Datascape Guide to Commercial Nomenclature, American Nurserymen Publishing Co., Chicago, IL, 1994.

8. American National Standard for Tree Care Operation, Tree, Shrub, and Other Woody Plant Maintenance (ANSI A300), American National Standards Institute, Latest Edition.

C. Definitions:

1. Plant Material(s) – Refers to living plant species, inclusive of trees, shrubs, groundcovers, vines, ornamental grasses, cacti/succulents, espaliers, annuals, perennials, etc., as indicated in the Contract Drawings.

2. Planting Area (PA) – As denoted on the Contract Drawings, shall refer to areas to be installed with Plant Material(s), or areas where existing vegetation shall be protected.

3. Plant Height – Measurement of main body height, not measurement to branch tip.

4. Plant Spread – Measurement of main body diameter, not measurement from branch tip to branch tip.

5. Amended Planting Backfill Mixture – Refer to Section 329113 – Soil Preparation.

6. Balled and Burlapped Stock – Healthy, vigorous exterior plants with firm, natural balls of earth in which they are grown, with ball size not less than diameter and depth recommended by ANSI Z60.1 for type and size of tree or shrub required; wrapped, tied, rigidly supported, and drum laced as recommended by ANSI Z60.1.

7. Balled and Potted Stock – Healthy, vigorous exterior plants dug with firm, natural balls of earth in which they are grown and placed, unbroken, in a container. Ball size is not less than diameter and depth recommended by ANSI Z60.1 for type and size of exterior plant required.

8. Bare-Root Stock – Healthy, vigorous exterior plants grown with a well-branched, fibrousroot system developed by transplanting or root pruning, with soil or growing medium removed, and with not less than minimum root spread according to ANSI Z60.1 for type and size of exterior plant required.

9. Clump – Where three or more young trees were planted in a group and have grown together as a single tree having three or more main stems or trunks.

10. Container-Grown Stock – Healthy, vigorous, well-rooted exterior plants grown in a container with well-established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of exterior plant required.

11. Fabric Bag-Grown Stock – Healthy, vigorous, well-rooted exterior plants established and grown in-ground in a porous fabric bag with well-established root system reaching sides of fabric bag. Fabric bag size is not less than diameter, depth, and volume required by ANSI Z60.1 for type and size of exterior plant.

12. Finish Grade – Elevation of finished surface of planting soil.

13. Manufactured Topsoil – Soil produced off-site by homogeneously blending mineral soils or sand with stabilized organic soil amendments to produce topsoil or planting soil.

14. Multi-Stem – Where three (3) or more main stems arise from the ground from a single root crown or at a point right above the root crown.

15. Sub-grade – Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil.

16. Subsoil – All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms.

D. Measurements:

1. sq/ft or SF: Measurement, in square-foot.

2. O.C.: Measurement used for On-Center spacing.

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1.3 SUBMITTALS
A. General:

1. Collect information into a single Submittal for each element of construction and type of product or equipment identified under this Section for review.

2. To expedite review, Submittal shall be organized and presented into specific sections or headings. Furnish neat, concise, legible, and clearly identifiable information, and sufficiently explicit detail, to enable proper evaluation for Contract compliance. Highlight catalog, product data, or brochures containing various products, sizes, and materials to show particular item submitted.

3. Submittal Format: As applicable, furnish Submittal as a single electronic digital PDF (Portable Document Format) file.

B. Digital Submittal Information:

1. Alphabetized List of Plant Material.

2. Planting Installation Schedule:
a. Provide anticipated site area(s) and dates of installation for each type of planting.

3. Qualification Data, f or firms and persons specified in the "Quality Assurance and Control" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and address of architects and owners, and other information specified.

4. Meeting Notes from Pre-installation Conference.

5. Description of Plant Material, for each species indicated in the Contract Drawings, submitted in the following format:

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(Provide Color Photograph of Plant Material here)
(Note: Photograph shall include a person, tape measurer, or other scaled reference).

Project Name:

Botanical Name:

Common Name:

Form (Multi, Standard,
etc.):

Container Size (as
applicable:)
Overall Height (provide
Apical Meristem Height for
Palms):

Spread:

Caliper (as applicable):

Quantity Required (per
Contract Drawings):

Quantity Available (at
supplying Nursery):

Supplying Nursery Name:

Contact Name at Nursery:

Nursery Address:

Nursery Phone Number:

Date of Nursery Photo:

Comments/Remarks:

6. The Alphabetized List of Plant Material and Description of Plant Material shall not be construed as to acceptance of the Plant Material. All Plant Material shall be subject to review and approval by the Landscape Architect upon delivery to the Project Site.

C. Submittals under this Article will be rejected without the benefit of review by the Landscape Architect if they are difficult to read due to insufficient scale, poor image quality, or poor drafting quality; or if the required information is missing or not presented in the format as requested.

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D. No Work shall proceed under this Section until Submittal requirements indicated herein have been reviewed accordingly by the Landscape Architect.

1.4 QUALITY ASSURANCE AND CONTROL
A. Installer Qualifications:

1. Requirement: Valid California C-27 (Landscaping Contractor) License.

2. Engage an experienced Installer who has demonstrated completed landscaping work similar in material, design, and extent to that indicated for this Project and with a record of successful landscape establishment.

3. Installer's Field Supervision: Installer shall maintain an experienced full-time supervisor on the Project site during times that landscaping installations under this Section are in progress.

B. Plant Material: Provide quality, size, genus, species, and variety of Plant Material indicated, complying with applicable requirements of ANSI Z60.1 "American Standard for Nursery Stock."

1. Selection of Plant Material purchased under allowances will be made by the Owner, who has the option to tag Plant Material stock at their place of growth before they are prepared for transplanting.

2. At least one (1) plant of each Plant Material species delivered to the Project Site shall have an identification tag from supplying nursery showing botanical and common name of the plant as identified in the Contract Drawings. Landscape Architect shall be provided the opportunity for an on-site debriefing by the Contractor that identifies the size and specific type of Plant Material upon delivery.

3. Incorrect Planting Materials:
a. Replace, at no cost to Owner, Plant Material that is revealed during the course of the Contract as to being untrue to the species indicated in the Contract Drawings and reviewed accordingly under this Section.
b. Provide replacements equal to the size and quality to match the planted materials at the time the untrue species is discovered.

4. Replacement of Plant Material: Refer to the Guarantee Article indicated herein this Section.

C. Observation: Landscape Architect may observe Plant Materials at their place of growth (nursery), at the site before or after planting, or both, for compliance with requirements for genus, species, variety, size and quality. Landscape Architect also retains right to observe Plant Material further for size and condition of root balls, trunks, branches, and crowns; insects; pests; disease; weeds; injuries, and latent defects. Landscape Architect reserves the right to reject unsatisfactory and/or defective Plant Material at any time during progress of Work. Contractor shall remove rejected Plant Material immediately from Project site.

D. Regulatory Requirements:

1. Contractor shall meet the requirements of applicable laws, codes, and regulations as required by the authorities having jurisdiction over the Work.

2. Provide for inspections and permits by Federal, State, and Local authorities in furnishing, transporting, and installing materials.

E. Permits, Fees, Bonds, and Inspections: Contractor shall arrange and pay for permits, fees, bonds, and inspections necessary to perform and complete Work under this Section.

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F. Plant Material Review and Selection (Tagging):

1. At the discretion of the Landscape Architect, Plant Material will be subject to review, photographed, and selected/tagged by the Landscape Architect at the nursery, or other place of growth, prior to delivery to the Project Site. Contractor shall verify with the Landscape Architect if tagging operations are required.

2. Selecting/Tagging of Plant Materials at the nursery or place of growth does not cancel the right of the Landscape Architect to reject Plant Materials at the Project Site, if damaged or unacceptable conditions are found that were not detected at the nursery, place of growth, or in the submitted photographs.

G. Plant Material Delivery: Plant Material shall be delivered with original Plant Material tagging materials set in place, as selected and marked by the Landscape Architect at the nursery or place of growth. Contractor shall notify Landscape Architect upon deliver of Plant Material for review of stock and tagging materials. Plant Materials delivered without original tagging materials, or with broken, damaged, or altered tagging materials, shall be subject to rejection by the Landscape Architect. Rejected Plant Material shall be removed immediately.

H. Pre-installation Conference: Conduct conference at Project Site to comply with requirements of Division 1 Section "Project Meetings".

I. Protection of Existing Plant Material:

1. Refer to Requirements specified in Section 025639 – Temporary Tree and Plant Protection.

2. It is the intent of the Contract Documents that certain existing Plant Materials shall be retained. Prior to the removal of any Plant Materials, the Contractor shall confer with the Landscape Architect to determine which Plant Materials are to remain.

3. All existing Plant Materials which are to remain in the project shall be tagged and identified by the Contractor prior to start of Work.

4. Contractor shall be responsible for Plant Materials that are designated to remain. Damage to any Plant Materials which results in death or permanent disfiguration of said Materials shall result in compensation outlined in Section 025639 – Temporary Tree and Plant Protection. The Landscape Architect shall be the sole judge of the condition of the Plant Materials.

5. Existing Plant Materials designated to remain shall be protected at all times from damage by construction activity (tools, materials, equipment, personnel, etc.). Damage by the Contractor to existing Plant Materials shall be repaired at the Contractor’s expense to the satisfaction of the Owner, as directed by the Landscape Architect.

6. Contractor shall insure that no foreign material and/or liquid, such as paint, concrete, cement, oil, turpentine, acid or the like, be deposited or allowed to be deposited on soil within the drip line (the outside edge of the foliage overhang) of any Plant Material. Do not store construction materials, debris, or excavated material within drip line of existing Plant Material. Should any such poisoning of the soil occur, the Contractor shall thoroughly remove said soil as directed by the Landscape Architect and replace with acceptable soil at no additional cost to the Owner.

7. Excavation adjacent to existing Plant Materials: Where it is necessary to excavate in close proximity to the drip lines of existing Plant Materials, all possible caution shall be exercised to avoid injury to roots and trunk. Excavation close to Plant Materials shall be done by hand, with narrow-tine spading forks or other approved tools to comb soil to expose roots.

Tunnel under roots two-inches (2”) and larger in diameter. Cutting of roots two-inches (2”) and larger shall be only on the approval of the Landscape Architect.

8. Replacement of Damaged Plant Material: Replace existing Plant Material to remain as required, hat are damaged by Contractor during construction with accepted Plant Material

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of the same species, size, and quantity as those damaged, at no additional cost to Owner.

Owner shall be the sole judge as to the extent of the damage and the value of said damaged Plant Material.

1.5 DELIVERY, STORAGE, AND HANDLING
A. General: Do not prune Plant Material before delivery, except as approved by the Landscape Architect. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind-tie Plant Material in such a manner as to destroy natural shape.

1. Immediately after digging field-grown Plant Materials, pack root systems in wet straw, hay, burlap, or other suitable material to keep root system moist until final planting installation.

2. Deliver freshly dug field-grown Plant Materials with firm, natural balls of earth of sufficient depth to include fibrous and feeding roots, meeting or exceeding requirements of ANSI Z60.1 for root ball diameter.

B. Handling Plant Materials:

1. Handle balled and burlap Plant Material stock by the root ball.

2. Handle container-grown Plant Materials only by their containers.

3. DO NOT handle Plant Materials by their trunks or stems.

4. DO NOT drop any Plant Materials.

5. DO NOT bind or handle Plant Materials with wire or rope.

6. Pad trunk and branches of Plant Materials whenever using hoisting cables, chains, or straps.

7. Should the Contractor engage in handling any Plant Material(s) by any unacceptable method(s), the Landscape Architect shall reserve the right to reject any of the mishandled Plant Material(s). The Contractor shall replace rejected Plant Material(s) with approved Plant Material(s), at no additional cost to the Owner.

C. Delivery: Provide protective covering during delivery. Deliver Plant Material only after preparations for planting have been completed and install immediately. If planting is delayed more than six (6) hours after delivery, set Plant Materials in shade, protect from weather and mechanical damage, and keep roots moist. Anchor plants to prevent damage from winds.

1. Heel-in bare-root Plant Material stock. Soak roots in water for two (2) hours prior to planting.

2. Set balled Plant Material stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material.

3. DO NOT remove container-grown Plant Material stock from containers before time of planting.

4. Water root systems of Plant Material stored on site with a fine-mist spray. Water as often as necessary to maintain root systems in a moist condition.

1.6 COORDINATION, SCHEDULING, AND OBSERVATIONS
A. Acceptance: Do not install Plant Materials prior to acceptance of finish grades and installation of irrigation system.

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B. Utilities: Determine location of above grade and underground utilities and perform Work in a manner which will avoid damage to utilities. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned.

C. Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, cease planting operations and notify Landscape Architect for further direction.

D. Construction Site Observations: Landscape Architect may observe installation Work herein this Section at Project Site for compliance with requirements for type, size, and quality. Landscape Architect retains right to observe installation of products and materials for defects and to reject unsatisfactory or defective product, material, or installation at any time during progress of Work.

Contractor shall remove rejected Work immediately from Project site. Contractor shall request, in writing, at least one (1) week in advance of the time when mandatory site observation(s) by the Landscape Architect are required.

1.7 PROJECT SITE CONDITIONS
A. General: Installation of Plant Materials shall be performed only during the time of day and during seasons when satisfactory results can be expected, unless authorized by the Landscape Architect.

B. Climate Restrictions: Do not install Plant Materials during rainy or inclement weather.

1.8 SUBSTITUTIONS
A. Consideration: Plant Materials to be considered equal to the Plant Materials indicated herein this Section shall be reviewed by the Landscape Architect. Plant Materials with equal performance characteristics may be considered, providing deviations in dimensional size, color, composition, operation, and/or other characteristics do not change the design concept, aesthetic appearance, or intended performance, as solely judged by the Landscape Architect. The burden of proof on product equality is on the Contractor.

1. Substituted Plant Materials shall be true to species and variety and shall conform to measurements specified, except that plants larger than specified may be used if accepted.

If larger Plant Materials are accepted, increase the ball of earth in proportion to the size of the plant, as required. Plant Materials overgrown for their container size will be rejected.

B. Specific reference to Manufacturer’s names and products specified herein are used as standards of quality. This implies no right to the Contractor to substitute other materials without prior written approval by the Landscape Architect for Work under this Section.

C. Plant Materials substituted and installed by the Contractor, without prior written approval by the Landscape Architect, may be rejected. Contractor shall not be entitled to be compensated by the Owner where the Contractor has installed rejected substitutions without receiving prior written approval.

D. Contract Price: Substituted Plant Materials under this Section shall not increase the Contract price.

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1.9 WARRANTY
A. General: The Warranty indicated herein in this Article shall not deprive the Owner of other rights the Owner may have under other provisions of the Contract, and shall be in addition to, and run concurrent with, other guarantees or warranties made by the Contractor under requirements of the Contract Documents.

B. Warranty: Contractor shall warrant living Plant Materials under this Section for a period of one (1) year after date of Substantial Completion. Warrant against defects including death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, or abuse by the Owner; abnormal weather conditions unusual for the Warranty Period; or incidents which are beyond the Contractor's control.

C. Replacement of Plant Material:

1. Replace Plant Materials exhibiting conditions which are determined to be unacceptable due to workmanship by the Contractor, at no cost to the Owner, per the direction of the Landscape Architect.

2. Remove and replace dead or dying Plant Material immediately unless required to plant in the succeeding planting season.

3. Contractor shall be held responsible for a maximum of two (2) replacement of each failed Plant Material after Final Acceptance during the Warranty Period. a. Closely match replacements to adjacent specimens of the same species. Apply requirements of this Specification to replacements.

1.10 FINAL ACCEPTANCE AND LANDSCAPE ESTABLISHMENT PERIOD A. Refer to Section 329813 – Landscape Establishment Period.

PART 2 - PRODUCTS

2.1 GENERAL REQUIREMENTS FOR PLANT MATERIAL
A. Immediately upon award of Contract for Work in this Section, Contractor shall locate and purchase or hold for purchase plant material as required.

1. Contractor shall verify with Landscape Architect of Plant Material that has been nursery “contract grown” by the Owner for use of Work under this Contract.

2. Contractor shall review the condition of the Plant Material with Landscape Architect at the nursery maintaining the Plant Material prior to delivery, and when delivered to the Project Site.

B. Quality: Plant Materials shall have a growth habit typical for each variety and species indicated in the Plant List (as detailed on the Contract Drawings).

1. All Plant Materials specified shall be superior/premium-grade nursery stock, full, densely foliated, symmetrical, with tightly knit branching, so trained or favored in development and appearance in form, number of branches, compactness and symmetry, healthy, and vigorous in growth, as reviewed and determined by the Landscape Architect.

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2. Plant Materials shall be free from insect pests, eggs and larvae, plant diseases, sun scalds, fresh bark abrasions, excessive abrasions, windburn, salt burn, weeds, or other disfigurements or conditions, as reviewed and determined by the Landscape Architect.

3. Plant Material shall be subject per the California State Department of Agriculture’s Regulations for Nursery Inspections of Rules and Grading.

4. Growing Conditions: Plant Materials shall be nursery-grown in accordance with good horticultural practices under climatic conditions similar to those of project unless otherwise specifically authorized.

C. Container Stock (excluding annuals) shall be grown in boxes or containers in which delivered for at least one (1) growing season, but not over two (2) years. Plant Material grown in boxes or containers shall be cultivated during this time to permit full rooting within the specified box or container to bind the planting soil, but not so long as to create a “root-bound” condition.

1. Plant Material shall be completely free of circling, kinked or girdling trunk surface and center roots, and show no evidence of a pot-bound condition.

2. No boxed nor container Plant Material shall be planted which have cracked or broken balls of earth when separated from their boxes or containers.

3. No Plant Material shall be planted with damaged roots, broken root balls, or which are found to be “root-bound” when separated from their containers.

D. Pruning:

1. Do not prune Plant Materials unless directed by the Landscape Architect.

2. Pruning of Plant Material as grown at the nursery shall conform to ANSI A300 standards.

3. Consult with Landscape Architect for pruning Plant Materials after delivery and installation.

E. Measurements: Measure Plant Material according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes.

1. Take caliper measurement at a point on the trunk six-inches (6”) above natural ground line for trees up to four-inches (4”) in caliper (at a point twelve-inches (12”) above the natural ground line for trees over four-inches (4”) in caliper). a. Measure foliage across mean foliage dimension when branches are in their normal upright position.
b. For trees to be supplied in “raised up” condition, foliage origin along main trunk shall be measured from soil line after installation.
c. Height and spread dimensions specified refer to main body of plant and not branch tip to tip. Properly trimmed plants shall measure the same in any direction. If a plant is unevenly grown, it shall be classified in the size category of the smallest dimension.

2. Size Range: If a range of size is given, do not use Plant Materials less than the minimum size. The measurements specified are the minimum size acceptable and are the measurements after pruning, where pruning is required. Plant Materials that meet the measurements specified, but do not possess a normal balance between height and spread shall be rejected.

F. Field Dug Stock: Prior to digging of field-grown Plant Materials, insure that excess loose fill resulting from cultivation around trunks/stems and over roots be removed down to natural finish grade at crown of Plant Materials. During digging, verify that size of tree spade or other equipment is adequate to encompass the actively growing root zone of all Plant Materials. Plant Materials which, after digging, show mostly large fleshy roots and few fibrous roots, will be rejected.

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G. Condition of Root Systems: Plant Materials must prove to be completely free of circling, kinked or girdling trunk surface and center roots and show no evidence of a root-bound condition. Upon inspection by Landscape Architect at the job site, if five-percent (5%) or more of the plants of each species are found to contain kinked, circling or girdling roots, all plants of that species shall be rejected.

H. Unacceptable Trees: Trees that have damaged, broken, pruned, or crooked leaders will be rejected. Trees having a main leader shall not have been headed back. Trees with abrasions of the bark, sunscalds, disfiguring knots, or fresh cuts of limbs over 3/4 in. which have not completely callused will be rejected.

2.2 SHADE AND FLOWERING TREES
A. Shade and Flowering Trees: Single-stem trees with straight trunk, well-balanced crown, and intact leader, of height and caliper indicated, conforming to ANSI Z60.1 for type of trees required, subject to review and acceptance by the Landscape Architect. Container-grown trees will be acceptable and shall be subject to meeting ANSI Z60.1 limitations for container stock.

1. Branching Height: 1/2 of tree height, unless otherwise indicated on Contract Drawings.

B. Small Trees: Small upright or spreading type, branched or pruned naturally according to species and type, and with relationship of caliper, height, and branching recommended by ANSI Z60.1, subject to review and acceptance by the Landscape Architect. Container-grown trees will be acceptable and shall be subject to meeting ANSI Z60.1 limitations for container stock.

1. Form: As indicated on the Contract Drawings for individual selected species.

2.3 SHRUBS
A. Form and Size: Shrubs with not less than the minimum number of canes required by and measured according to ANSI Z60.1 for type, shape, and height of Shrub, subject to review and acceptance by the Landscape Architect. Container-grown Shrubs will be acceptable in lieu of balled and burlapped.

1. Container-grown Shrubs shall be subject to meeting ANSI Z60.1 limitations for container stock, and other requirements as indicated on the Contract Drawings.

2.4 BROADLEAF EVERGREENS
A. Form and Size: Normal-quality, well-balanced, well-rooted , broadleaf evergreens, of type, height, spread, and shape required, subject to review and acceptance by the Landscape Architect.

1. Container-grown broadleaf evergreens shall be subject to meeting ANSI Z60.1 limitations for container stock, and other requirements as indicated on the Contract Drawings.

2.5 GROUND COVERS
A. Provide ground covers full, established, and well-rooted in removable flats, containers, or integral peat pots, and with not less than the minimum number and length of runners required by ANSI Z60.1 for the container size indicated, and other requirements as indicated on the Contract Drawings, subject to review and acceptance by the Landscape Architect.

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2.6 CACTI/SUCCULENTS
A. Form and Size: Superior-quality, established, full, symmetrical, well-balanced, well-rooted, of type, height, spread, and shape required, subject to review and acceptance by the Landscape Architect.

1. Container-grown stock shall be subject to meeting ANSI Z60.1 limitations for container stock.

PART 3 - EXECUTION

3.1 EXAMINATION
A. NO WORK UNDER THIS SECTION SHALL COMMENCE UNTIL SUBMITTALS UNDER

THIS SECTION HAVE BEEN REVIEWED ACCORDINGLY BY THE LANDSCAPE ARCHITECT.

B. Prior to commencing Work under this Section, Contractor shall examine previously installed Work from other trades and verify that such Work is complete and to the point where Work herein may commence properly. Do not proceed with Work until unsatisfactory conditions have been corrected.

C. Installation practices of the Plant Materials shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practices, as judged by the Landscape Architect.

1. Soil moisture levels prior to planting shall be no less than seventy-five-percent (75%) of field capacity. The determination of adequate soil moisture for planting shall be in the sole judgment of the Landscape Architect, and their decision shall be final. a. If the soil moisture level is found to be insufficient for planting installation, planting pits shall be filled with water and allowed to drain before commencing planting operations.
b. Any planting area that may become compacted in excess of eighty-five-percent (85%) relative compaction (due to construction operations or other activities during the Contract) shall be tilled and thoroughly cross-ripped to a minimum depth of nineinches (9”) to alleviate the condition, taking care to avoid all existing subsurface utilities, drainage, etc.
c. Do not commence planting installation prior to acceptance of Section 329113 – Soil Preparation.

D. Contractor shall notify the Landscape Architect, in writing, on the anticipated commencement date and length of duration of the landscape installation.

E. Preparation of Planting Installation: Lay out individual Plant Material locations and areas for multiple plantings. Stake locations, outline areas, and gain the Landscape Architect’s acceptance prior to commencing physical planting installation.

F. At the discretion of the Landscape Architect, Contractor shall make field adjustments to the planting layout, as required, per the direction of the Landscape Architect. Layout changes made accordingly shall be performed at no additional cost to the Owner.

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G. No more Plant Materials shall be distributed in the planting area on any day than can be installed and watered on that day. Plant Materials shall be planted and watered immediately after the removal of their containers, as applicable.

H. Contractor shall protect existing and new improvements and systems installed prior to planting installation. Maintain protection in place until completion of Work and Landscape Establishment Period.

I. Finish Grades for planting areas shall have been established (per Section 312219 – Landscape Grading) prior to Work under this Section. Verify that grades are within one-inch plus or minus (1”+/-) of the required finish grade, and that all proper soil amendments and fertilizers have been furnished and installed accordingly as specified (per Section 329113 – Soil Preparation).

1. Maintain positive surface drainage of all planted areas throughout the duration of the Contract.

J. Pre-Planting: Where Plant Materials are to be pre-planted to permit site improvements to be installed around them, Contractor shall be responsible for the accurate layout and placement of those Plant Materials, as measured to their centerlines. Confirm designated pre-planting operations with Landscape Architect prior to commencing Work. Contractor shall also be responsible for the protection of pre-planted Plant Materials while other Work is taking place around them. Provide regular irrigation, as necessary, prior to installation and functioning of irrigation systems (per Section 328400 – Irrigation Systems).

3.2 EXCAVATION FOR PLANT MATERIAL
A. General: Upon completion of applicable pre-planting soil preparation requirements indicated in Section 329113 – Soil Preparation, excavate planting hole(s) for Plant Material with scarified vertical sides, with the bottom of the excavated hole slightly raised and compacted at the center to assist drainage and to minimize settlement of the Plant Material. Excavate holes according to the spacing alignment (i.e. hedge spacing, grid spacing, triangular spacing, etc.) and the on-center (O.C.) spacing intervals (i.e. 24” O.C. etc.) indicated on the Contract Drawings. Loosen any hard subsoil in the bottom of the excavation where evident, and remove all rocks greater than one-halfinch (1/2”) in diameter, trash, debris, etc. Retain the excavated soil for use as part of the Amended Planting Backfill Mixture (as indicated in Section 329113 – Soil Preparation).

1. Bare-Root Plant Material:
a. Excavate at least twenty-four-inches (24”) wider than the perimeter of the bare root spread, and deep enough to allow setting of the roots on a compacted layer of native planting soil, where the top of the plant’s root collar is one-inch (1”) higher than finished grade or as further directed by the Landscape Architect:
b. Compacted Setting Layer: Provide a crown of a minimum six-inch (6”) depth of native planting soil.
c. Where Tree Root Aeration Units are indicated (per Section 329400 – Landscape Planting Accessories), provide further excavation in the planting hole by auger to the required minimum depth allowing for installation of the Tree Root Aeration Unit assembly.

2. Balled and Burlap Plant Material:
a. Excavate the planting hole to the width and depth indicated in the Contract Drawings. Depth of the planting hole includes the depth indicated for the compacted setting layer at the bottom of the excavation, where the top of the plant’s root collar

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is one-inch (1”) higher than finished grade or as further directed by the Landscape Architect:
b. Compacted Setting Layer: Provide a crown of a minimum six-inch (6”) depth of native planting soil.
c. Where Tree Root Aeration Unit(s) are indicated (per Section 329400 – Landscape Planting Accessories provide further excavation in the planting hole by auger to the required minimum depth allowing for installation of the Tree Root Aeration Unit assembly.

3. Container-Grown Plant Material:
a. Excavate the planting hole to the width and depth indicated on the Contract Drawings. Depth of the planting hole includes the depth indicated for the compacted setting layer at the bottom of the excavation, where the top of the plant’s root collar is one-inch (1”) higher than finished grade or as further directed by the Landscape Architect:
b. Compacted Setting Layer: Provide a crown of a minimum six-inch (6”) depth of native planting soil.
c. Where Tree Root Aeration Unit(s) are indicated, (per Section 329400 – Landscape Planting Accessories), provide further excavation in the planting hole by auger to the required minimum depth for installation of the Tree Root Aeration Unit assembly.

B. Obstructions: Notify the Landscape Architect immediately if unexpected rock, debris, contaminants, obstructions, or other items that are detrimental to the healthy sustained growth of Plant Material is encountered in the excavation process.

1. Hardpan Layer: If encountered, drill six-inch (6”) diameter holes into free-draining strata or to a depth of ten-feet (10’), whichever is less, and backfill with free-draining material.

C. Drainage: Notify the Landscape Architect if subsoil conditions show evidence of unexpected water seepage or retention in planting holes.

3.3 PLANTING PLANT MATERIAL
A. Bare Root Plant Material: Set Bare Root Plant Material plumb and in center of the excavated hole, with top of root ball set properly at the adjacent finish grade as indicated. Set Bare Root Plant Material in the proper spacing and/or alignment(s) as indicated on the Contract Documents, or as further directed at the Project Site by the Landscape Architect.

1. Thoroughly soak the roots of the Bare Root Plant Material in clean water for a minimum of twelve (12) hours but no more than twenty-four (24) hours to fully hydrate the root mass.

Do not soak above the root crown.

2. Remove wood shavings or other material used to keep the exposed root mass in a moist condition.

3. Carefully place the Plant Material stock on the specified setting layer of compacted native soil, with the top of root mass set approximately one-inch (1”) above the finished grade to allow for settlement of the Plant Material within the excavated planting hole. Provide an orientation of the Plant Material that is confirmed and acceptable by the Landscape Architect. During the process of determining an acceptable orientation of the Plant Material, carefully handle the Plant Material by its trunk.

4. Prepare the Amended Planting Backfill Mixture: Amend each cubic yard (cu/yd) of native soil excavated from the planting hole by incorporating and thoroughly mixing/blending the following:

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a. ¼ yard of Bulk Composted Organic Soil Amendment Material (per Section 329113 – Soil Preparation).
b. ½ pound of Granular Soil Conditioning Material & Fertilizer (per Section 329113 – Soil Preparation).
c. Add Mycorrhizal Inoculum to the excavated native soil, (per Section 329113 – Soil Preparation), per the Manufacturer’s latest printed instructions. 1) Pending the results of the Agronomic Soil Fertility Report, the Amended Planting Backfill Mixture may be modified accordingly to include additional soil amendments or fertilizers (gypsum, iron, potash, etc.) or the ratios as indicated in the Mixture indicated above may be modified. a) The cost of providing modifications to the Amended Planting Soil Backfill Mixture (as recommended through the Agronomic Soil Fertility Report and as directed by the Landscape Architect) shall be borne by the Contractor.

5. Install the Tree Root Aeration Unit(s) prior to backfilling operations, as required (per Section 329400 – Landscape Planting Accessories).

6. Backfilling the excavated planting hole:
a. Place the Amended Planting Backfill Mixture around the Plant Material root mass in the excavated planting hole. Place the Mixture in six-inch (6”) lifts, tamping each lift accordingly to settle the Mixture and eliminate voids and air pockets. b. Maintain the Plant Material plumb while working the Mixture around the root mass.

When the planting hole is approximately half-backfilled, water thoroughly before placing the remainder of the Mixture.
c. Add the Fertilizer Tablets and other amendments, (per Section 329113 – Soil Preparation) as required, at the prescribed application rates (as indicated per Section 329113 – Soil Preparation) or if not indicated, per the Manufacturer’s latest printed instructions.
d. Place the final layers of the Amended Planting Backfill Mixture, tamping accordingly, to the top of the root mass.
e. Dish and tamp top of the Mixture to form a three-inch (3”) deep watering basin centered on the Plant Material’s trunk to the rim width of the planting hole. f. Thoroughly mix together water and Plant Vitamin/Hormone Stimulant in application ratio as recommended by Stimulant Manufacture (per Section 329400 – Landscape Planting Accessories). Apply liquid matrix in sufficient quantity to thoroughly saturate the basin to settle the Mixture, and to eliminate voids and air pockets. Should any portions of the root mass be exposed, add additional Mixture as needed to thoroughly cover the root mass.

7. Mulching: Apply mulch in watering basins as indicated on the Contract Drawings. Refer to Section 329400) – Landscape Planting Accessories for type and requirements.

B. Balled and Burlapped Plant Material: Set the Balled and Burlapped Plant Material plumb and in center of the excavated hole, with top of the root ball raised above adjacent finish grade as indicated. Set Balled and Burlapped Plant Material in the proper spacing and/or alignment(s) as indicated on the Contract Documents, or as further directed at the Project Site by the Landscape Architect.

1. Carefully place the Balled and Burlapped Plant Material stock on the specified setting layer of compacted native soil, with the top of root ball set one-inch (1”) above the finished grade to allow for settlement of the Plant Material within the excavated planting hole. Provide the orientation of the Plant Material that is confirmed and accepted by the Landscape Architect. During the process of determining an acceptable orientation of the Plant

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Material, handle the Plant Material by its root ball; avoid handling the Plant Material by its trunk.

2. Once orientation is accepted, carefully remove the burlap and wire baskets from the tops of the root ball and partially from the sides, but do not remove from under the root ball.

Do not damage the root ball or any part of the plant. Plant Material shall be rejected if the root ball is cracked or broken before or during the planting operation.

3. Prepare the Amended Planting Backfill Mixture: Amend each cubic yard (cu/yd) of native soil excavated from the planting hole by incorporating and thoroughly mixing/blending the following:
a. ¼ yard of Bulk Composted Organic Soil Amendment Material (per Section 329113 – Soil Preparation).
b. ½ pound of Granular Soil Conditioning Material & Fertilizer (per Section 329113 – Soil Preparation).
c. Add Mycorrhizal Inoculum to the excavated native soil, (per Section 329113 – Soil Preparation), per the Manufacturer’s latest printed instructions. 1) Pending the results of the Agronomic Soil Fertility Report, the Amended Planting Backfill Mixture may be modified accordingly to include additional soil amendments or fertilizers (gypsum, iron, potash, etc.) or the ratios as indicated in the Mixture indicated above may be modified. a) The cost of providing modifications to the Amended Planting Soil Backfill Mixture (as recommended through the Agronomic Soil Fertility Report and as directed by the Landscape Architect) shall be borne by the Contractor.

4. Install the Tree Root Aeration Unit(s) prior to backfilling operations, as required (per Section 329400 – Landscape Planting Accessories.

5. Backfilling the excavated planting hole:
a. Place the Amended Planting Backfill Mixture around the root ball in the excavated planting hole. Place the Mixture in six-inch (6”) lifts, tamping each lift accordingly to settle the Mixture and eliminate voids and air pockets. b. Maintain the plant plumb while working the Mixture around the root ball. When the planting hole is approximately half-backfilled, water thoroughly before placing the remainder of the Mixture.
c. Add the Fertilizer Tablets and other amendments, (per Section 329113 – Soil Preparation) as required, at the prescribed application rates indicated herein this Article or if not indicated, per the Manufacturer’s instructions. d. Place the final layers of the Mixture, tamping accordingly, to the top of the root ball.

Do not place the Mixture on top of the root ball.
e. Dish and tamp top of the Mixture to form a three-inch (3”) deep watering basin centered on the Plant Material’s trunk to the rim width of the planting hole. Do not cover the top of the root ball with the backfill mixture. f. Thoroughly mix together water and Plant Vitamin/Hormone Stimulant in application ratio as recommended by Stimulant Manufacture (per Section 329400 – Landscape Planting Accessories). Apply liquid matrix in sufficient quantity to thoroughly saturate the basin to settle the Mixture, and to eliminate voids and air pockets. Should any portions of the root mass be exposed, add additional Mixture as needed to thoroughly cover the root mass.

6. Mulching: Apply mulch in watering basins as indicated on the Contract Drawings. Refer to Section 329400 – Landscape Planting Accessories for type and requirements.

C. Container-Grown Plant Material: Set Container-Grown Plant Material plumb and in the center of the excavated planting hole, with top of the root ball raised above adjacent finish grade as

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indicated. Set Container-Grown Plant Material in the proper spacing and/or alignment(s) as indicated on the Contract Documents, or as further directed at the Project Site by the Landscape Architect.

1. For plastic container stock (4” pot, 1-gallon, 5-gallon, 15-gallon, etc.), carefully remove the plant container prior to setting the plant in the excavated hole so as not to damage root ball. Tip container to horizontal position and shake carefully to remove Plant Material.

Support root ball during installation to prevent cracking or shedding of soil.

2. Set the Plant Material stock on the specified setting layer of compacted native soil, with the top of root ball set one-inch (1”) above the finished grade to allow for settlement of the Plant Material within the excavated planting hole. Provide the orientation of the Plant Material that is confirmed and accepted by the Landscape Architect. During the process of determining an acceptable orientation of the plant material, carefully handle the Plant Material by its container; avoid handling the Plant Material by its trunk. a. Plant Material with a damaged root ball upon removal of the container, or if the root ball fails to thoroughly hold the soil as it is removed from the container, or if the plant is mishandled or damaged during planting operations, shall be rejected.

3. For wooden boxed container stock, carefully set whole boxed container of the Plant Material stock on the specified setting layer of compacted native soil, with the top of root ball set one-inch (1”) above the finished grade to allow for settlement of the Plant Material within the excavated planting hole. Provide the orientation of the Plant Material that is confirmed and accepted by the Landscape Architect. During the process of determining an acceptable orientation, carefully handle the Plant Material by its container; avoid handling the Plant Material by its trunk or branches. Once orientation is accepted, remove the steel strapping and the sides of the wooden container so as not to damage the root ball or any part of the plant. Do not remove the bottom of the wooden container. Discard sides. a. Plant Material with a damaged root ball upon removal of the container, or if the root ball fails to thoroughly hold the soil as it is removed from the container, or if the plant is mishandled or damaged during planting operations, shall be rejected.

4. Scarification: After removing container from plant, scarify the sides of the root ball to a depth of one-inch (1”) at four (4) to six (6) equally-spaced locations around the perimeter of the root ball or at twelve-inch (12”) intervals on sides of wooden boxed container stock.

Cut and remove circling roots over 3/8 in. diameter.

5. Prepare the Amended Planting Backfill Mixture: Amend each cubic yard (cu/yd) of native soil excavated from the planting hole by incorporating and thoroughly mixing/blending the following:
a. ¼ yard of Bulk Composted Organic Soil Amendment Material (per Section 329113 – Soil Preparation).
b. ½ pound of Granular Soil Conditioning Material & Fertilizer (per Section 329113 – Soil Preparation).
c. Add Mycorrhizal Inoculum to the excavated native soil, (per Section 329113 – Soil Preparation), per the Manufacturer’s latest printed instructions. 1) Pending the results of the Agronomic Soil Fertility Report, the Amended Planting Backfill Mixture may be modified accordingly to include additional soil amendments or fertilizers (gypsum, iron, potash, etc.) or the ratios as indicated in the Mixture indicated above may be modified. a) The cost of providing modifications to the Amended Planting Soil Backfill Mixture (as recommended through the Agronomic Soil Fertility Report and as directed by the Landscape Architect) shall be borne by the Contractor.

6. Install the Tree Root Aeration Unit(s) prior to backfilling operations, as required (per Section 329400 – Landscape Planting Accessories).

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7. In areas where indicated on the Contract Drawings, install the Deep Watering Bubblers as part of the irrigation system.

8. Backfilling the excavated planting hole:
a. Place the Amended Planting Backfill Mixture around the root ball in the excavated planting hole. Place the Mixture in six-inch (6”) lifts, tamping each lift accordingly to settle the Mixture and eliminate voids and air pockets. Foot tamp the backfill, as required.
b. Maintain the plant plumb while working the Mixture around the root ball. When the planting hole is approximately half-backfilled, water thoroughly before placing the remainder of the Mixture.
c. Add the Fertilizer Tablets and other amendments (per Section 329113 – Soil Preparation) as required, at the prescribed application rates indicated herein this Article or if not indicated, per the Manufacturer’s instructions. d. Place the final layers of the Mixture, tamping accordingly, to the top of the root ball.

Do not place the Mixture on top of the root ball.
e. Dish and tamp top of the Mixture to form a three-inch (3”) deep watering basin centered on the Plant Material’s trunk to the rim width of the planting hole. Do not cover the top of the root ball with the backfill mixture. f. Thoroughly mix together water and Plant Vitamin/Hormone Stimulant in application ratio as recommended by Stimulant Manufacture (per Section 329400 – Landscape Planting Accessories). Apply liquid matrix in sufficient quantity to thoroughly saturate the basin to settle the Mixture, and to eliminate voids and air pockets. Should any portions of the root mass be exposed, add additional Mixture as needed to thoroughly cover the root mass.

9. Mulching: Apply mulch in watering basins as indicated on the Contract Drawings. Refer to Section 329400 – Landscape Planting Accessories for type and requirements.

D. Plant Settling and Orientation: Plant Material that has settled deeper than the surrounding grade shall be excavated and raised to the correct level, to the satisfaction of the Landscape Architect.

Plant Material installed without direction and/or approval as to its proper orientation shall be subject to excavation and acceptable orientation, to the satisfaction of the Landscape Architect.

E. Fertilizer Tablet(s) Application Rate: Refer to Section 329113 – Soil Preparation.

3.4 PLANTING GROUND COVERS
A. General: Upon completion of applicable pre-planting soil preparation requirements indicated in Section 329113 – Soil Preparation, excavate planting hole(s) for Ground Covers and/or Vine Plant Material with scarified vertical sides, with the bottom of the excavated hole slightly raised and compacted at the center to assist drainage and to minimize settlement of the Plant Material. Refer to requirements indicated in Part III of this Section for Excavation.

1. Plant Settling: Plant Material that has settled deeper than the surrounding grade shall be raised to the correct level.

B. Excavate holes according to the spacing alignment (i.e. triangular spacing, etc.) and the on-center (O.C.) spacing intervals (i.e. 24” O.C. etc.) indicated on the Contract Drawings. Loosen any hard subsoil in the bottom of the excavation where evident, and remove all rocks greater than one-halfinch (1/2”) in diameter, trash, debris, etc.

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C. Obstructions: Notify the Landscape Architect immediately if unexpected rock, debris, contaminants, obstructions, or other items that are detrimental to the healthy sustained growth of Plant Material is encountered in the excavation process.

D. Ground Covers: Follow applicable planting requirements per Articles 3.02 and 3.03 indicated herein this Section.

1. Carefully set root mass into excavated hole, spreading roots, and backfill with planting soil.

2. Add Fertilizer Tablets and other amendments, as required, within backfill.

3. Work soil around roots to eliminate air pockets, and provide a slight saucer indentation around plants to retain surface water.

4. Water thoroughly after planting, taking care not to cover plant crowns with wet soil.

3.5 PRUNING PLANT MATERIAL
A. At no time shall Plant Material be pruned, trimmed, thinned, shaped, or topped prior to delivery.

Pruning, trimming, thinning, shaping, or topping of Plant Material shall be only conducted on the Project Site, and under the presence and direction of the Landscape Architect or approved Certified Arborist. Plant Material that has been pruned and delivered to the Project Site without prior approval by the Landscape Architect or an approved Certified Arborist will be rejected.

B. When directed by the Landscape Architect or an approved Certified Arborist, Contractor shall prune, thin, and shape plant material, according to standard horticultural practice, to preserve the natural character of the Plant Material.

1. Pruning and remedial work shall be done per ANSI A300.

2. Prune trees to retain required height and spread. Do not cut tree leaders; remove only injured or dead branches from trees.

3. Prune shrubs accordingly to retain natural character.

4. Provide pruning, cabling and bracing, irrigation, pest and disease control and other remedial treatments as recommended to assure the long-term health of the trees and existing vegetation, and the safety of persons and property.

5. Newly planted trees shall be pruned near the termination of the Landscape Establishment Period, per the direction of the Landscape Architect, as required.

3.6 CLEAN UP AND PROTECTION
A. During installation operations, keep Work area in an orderly and safe condition. Contractor shall remove trash caused from his Work on a weekly basis throughout the duration of the Work.

B. Protect landscaping from damage due to landscape operations, operations by other Contractors and trades, and trespassers. Maintain protection during installation and maintenance periods.

Treat, repair, or replace damaged landscape work as directed.

C. Upon completion of his Work under this Section, the Contractor shall remove rubbish, waste, debris, excess construction materials, surplus soil and other items resulting from construction operations and legally dispose of it off the Owner’s property.

D. Scars, ruts, or other marks in the ground caused by the Contractor’s Work shall be repaired.

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E. Remove equipment and implements of service, and leave the entire Project Site area in a neat, clean, and Owner-approved condition.

F. Labels: Remove all nursery-type labels, flags, and or identification markings from Plant Materials.

3.7 FINAL REVIEW
A. Final Review under this Section shall be performed upon completion of the Landscape Establishment Period. Refer to Section 329813 – Landscape Establishment Period, for requirements.

END OF SECTION

CIP 689 – CLARK BUILDING RENOVATIONS
LANDSCAPE PLANTING ACCESSORIES 329400 - 1
SECTION 329400 – LANDSCAPE PLANTING ACCESSORIES
PART 1 - GENERAL

1.1 SUMMARY
A. This Section includes materials, labor, apparatus, tools, equipment, temporary construction, transportation, and services necessary for and incidental to performing the proper completion of Work, as required to make a complete exterior Landscape Planting Accessories installation, as shown in the Contract Drawings, and as specified herein this Section.

B. Work under this Section consists of, but is not necessarily limited to, furnishing and installing the following:

1. Mulches (wood products).

2. Weed Control Barrier / Geotextile Filter Fabric.

3. Miscellaneous Materials (Herbicides, Vitamin Stimulant/Root Hormone, etc.).

C. Related Sections: The following Sections contain requirements that relate to Work in this Section:

1. Section 312219 – Landscape Grading.

2. Section 328400 – Irrigation Systems.

3. Section 329113 – Soil Preparation.

4. Section 329200 – Lawns & Grasses.

5. Section 329300 – Exterior Plants.

6. Section 329813 – Landscape Establishment Period.

1.2 DEFINITIONS AND APPLICABLE STANDARDS
A. References:

1. ASTM – American Society for Testing and Materials.

2. ANSI – American National Standards Institute.

B. Definitions: (Not Used).

C. Measurements:

1. PSI: Measurement, in pounds per square inch.

2. CU/FT: Measurement, in cubic-foot.

3. PPM: Measurement, in parts per million.

1.3 SUBMITTALS
A. General:

1. Collect information into a single Submittal for each element of construction and type of product or equipment identified under this Section for review.

2. To expedite review, Submittal shall be organized and presented into specific sections or headings. Furnish neat, concise, legible, and clearly identifiable information, and sufficiently explicit detail, to enable proper evaluation for Contract compliance.

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Highlight catalog, product data, or brochures containing various products, sizes, and materials to show particular item submitted.

3. Submittal Format: As applicable, furnish Submittal as a single electronic digital PDF (Portable Document Format) file.

B. Digital Submittal Information:

1. Product/Material Data. Submit available product/material literature supplied by manufacturer’s, indicating that their products comply with specified requirements.

Provide manufacturing source (name, address, and telephone number), and distributor source (name, address, and telephone number) for each type of product/material.

2. Qualification Data: Submit names for firms and persons specified in the “Quality Assurance and Control” Article to demonstrate their capabilities and experience on similar Landscape Planting Accessories installations.

C. Material Samples: Submit four (4) sets of physical Material Samples for review of kind, color, pattern, size, and texture for a check of these characteristics with other elements, and for a comparison of these characteristics between Submittal and actual component as delivered and installed. Include the full range of exposed color and texture expected in the completed Work.

Provide Material Samples bound and individually wrapped in re-sealable labeled 1-gallon plastic bags (as applicable):

1. 0.50 cubic foot of Landscape Mulch Material (Shredded Wood Mulch).

2. One (1) two-foot (2’-0”) long section of Tree Root Aeration Unit assembly.

3. One (1) two-foot (2’-0”) long sample of Root Control Barrier.

4. One (1) set of Tree Tying/Staking Materials for each type used, as applicable.

5. One (1) set of Tree Guying Materials for each type used, as applicable.

6. One (1) two-foot (2’-0”) square sample of Weed Control Barrier / Geotextile Filter Fabric for each type used, as applicable.

D. Scaled Shop Drawings: Not Required.

E. Field-Constructed Mock-ups: Not Required.

F. Submittals under this Article will be rejected and returned without the benefit of review by the Landscape Architect if they are difficult to read due to insufficient scale, poor image quality, or poor drafting quality; or if all of the required information is missing or not presented in the format as requested. Partial Submittals will not be accepted.

G. No Work shall proceed under this Section until Submittal requirements indicated herein have been reviewed accordingly by the Landscape Architect.

1.4 QUALITY ASSURANCE AND CONTROL
A. Installer Qualifications:

1. Requirement: Valid California C-27 (Landscaping Contractor) License.

2. Engage an experienced Installer who has completed Landscape Planting Accessories work similar in material, design, and extent to that indicated for this Project and with a record of successful installation.

3. Installer's Field Supervision: Installer shall maintain an experienced full-time supervisor on the Project site during times that installations under this Section are in progress.

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B. Observation: Landscape Architect may observe installation of Landscape Planting Accessories at Project Site for compliance with requirements for type, size, and quality. Landscape Architect retains right to observe Landscape Planting Accessories for defects and to reject unsatisfactory or defective material at any time during progress of Work. Contractor shall remove rejected Accessories immediately from Project site.

C. Manufacturer’s Directions: Follow Manufacturer’s directions and drawings in cases where the Manufacturers of articles used in this Section furnish directions covering points not shown in the Contract Drawings and Contract Specifications.

D. Permits, Fees, Bonds, and Inspections: Contractor shall arrange and pay for permits, fees, bonds, testing services, and inspections necessary to perform and complete Work under this Section.

E. Single-Source Responsibility: Obtain each color, type, and variety of products/materials from a single source with resources to provide products/materials of consistent quality in appearance and physical properties without delaying Work.

1.5 DELIVERY, STORAGE, AND HANDLING
A. Provide new, unused materials indicated under this Section. Store and secure properly to prevent theft or damage. Deliver and store perishable material in original, unopened packaging.

It is the responsibility of the Contractor to install “factory condition” Units.

B. Damaged Materials: Be responsible for all damage or disfiguration of Work until Final Acceptance. Remove off site and replace at no additional cost to Owner all damaged or rejected materials.

C. Deliver materials so as to not delay Work, and install only after preparations for installation have been completed.

1.6 COORDINATION, SCHEDULING, AND OBSERVATIONS
A. Utilities: Determine location of above grade and underground utilities and perform Work in a manner which will avoid damage to utilities. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned.

B. Excavation: When conditions detrimental to installing Landscape Planting Accessories are encountered, such as rubble fill, adverse drainage conditions, or obstructions, cease installation operations and notify Landscape Architect for further direction.

C. Field Measurements: Contractor shall take field measurements as required. Report major discrepancies between the Contract Drawings and field dimensions to the Landscape Architect prior to commencing Work.

D. Installation: Perform installation of Landscape Planting Accessories only when weather and soil conditions are suitable in accordance with locally accepted practices.

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E. Construction Site Observations: Contractor shall request, in writing, at least one (1) week in advance of the time when mandatory site observation(s) by the Landscape Architect are required.

1.7 SUBSTITUTIONS
A. Consideration: Materials to be considered equal to the Materials indicated herein this Section shall be reviewed by the Landscape Architect. Materials with equal performance characteristics produced by other Manufacturer’s and/or Distributors may be considered, providing deviations in dimensional size, color, composition, operation, and/or other characteristics do not change the design concept, aesthetic appearance, nor intended performance, as solely judged by the Landscape Architect. The burden of proof on product equality is on the Contractor.

B. Specific reference to Manufacturer’s names and products specified herein are used as standards of quality. This implies no right to the Contractor to substitute other materials without prior written approval by the Landscape Architect for Work under this Section.

C. Materials substituted and installed by the Contractor, without prior written approval by the Landscape Architect, may be rejected. Contractor shall not be entitled to be compensated by the Owner where the Contractor has installed rejected substitutions without receiving prior written approval.

D. Contract Price: Substituted Materials under this Section shall not increase the Contract price.

1.8 LANDSCAPE ESTABLISHMENT PERIOD
A. Refer to Section 329813 – Landscape Establishment Period, for requirements under this Article.

1. During the duration of the Landscape Establishment Period, continuously maintain Landscape Planting Accessories by tightening, holding plumb, and/or repairing Staking and/or Guying supports, providing adequate depths and coverage requirements of Landscape Mulching Materials, monitoring drainage within Tree Root Aeration Units, hold Edging Materials true and in proper alignments, and other requirements, as required, to establish healthy, viable landscape planting materials until Final Acceptance of Work is granted.

PART 2 - PRODUCTS

2.1 LANDSCAPE MULCH MATERIALS
A. Shredded Wood Mulch: Shredded Wood Mulch, free from deleterious materials, debris, and weed seed. Suitable as a top dressing of trees, shrubs and groundcovers, consisting of following:

1. Type: Shredded cedar, redwood, fir, or hardwood commercial wood bark products, composted with humus and leaf materials. Shredded Wood Mulch shall be graded and to average dimensions of one-inch (1”) to three-inches (3”) in length, and flat in crosssection. a. Minimum organic matter content at 80%.

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b. pH between 5.0 and 8.0.
c. Salt content shall be less than 4 millimho/cm @ 25 ˚ C. on a saturated paste extract.
d. Boron content of the saturated extract shall be less than 1.0 parts per million. e. Calcium carbonate shall not be present.
f. Carbon:Nitrogen ratio is less than 100:1.
g. Compost shall be aerobic without malodorous presence of decomposition products. h. Maximum particle size shall be 2 inches. A maximum of 5% shall pass a No. 2 screen.

Maximum Total Permissible Pollutant
Concentrations (in parts per million
(PPM)) on a dry weight basis:

Arsenic 20 ppm
Molybdenum 30 ppm
Cadmium 15 ppm
Nickel 50 ppm
Chromium 150 ppm
Selenium 25 ppm
Cobalt 50 ppm
Silver 10 ppm
Copper 150 ppm
Vanadium 50 ppm
Lead 150 ppm
Zinc 150 ppm
Mercury 10 ppm

2. Coverage Depth:
a. Refer to Part 3 indicated herein this Section.

3. Products & Manufacturer’s: Subject to compliance with requirements, provide products by one (1) of the following:
a. ES-2 Mulch, Agromin Horticultural Products.
b. Pacific Mulch™, Greenways Environmental.
c. Walk-On Chips, Earthworks Soil Amendments, Inc.
d. Landscape Mulch, Agri Service, Inc.
e. Red Fir Bark, Greenway Compost.
f. A-1 Oak Deco Chips, Hanson Aggregates/A-1 Soils.
g. #SBM 3, Special Mulch #3, Plants Choice, Inc.
h. Or equal, as approved by the Landscape Architect.

2.2 WEED CONTROL BARRIER/GEO-TEXTILE FILTER FABRIC
A. Type: Permeable, lightweight, continuous, non-woven, geo-textile polypropylene filament material, UV-resistant, engineered to allow water permeability and deter soil permittivity, per ASTM D4491. Geo-Textile Filter Fabric shall be inert to biological degradation and resistant to naturally encountered chemicals, alkalis and acids. Meet AASHTO M288-96, Class 1.

B. Products & Manufacturer’s: Subject to compliance with requirements, provide products by one (1) of the following:

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1. Amoco 4553, Amoco Fabrics and Fibers Company.

2. FX-80HS, Carthage Mills.

3. C-80NW, Contech.

4. 180 EX, Linq.

5. Geotex 801, Propex, Inc.

6. TerraTex N08, Webtec.

7. 180N, TC Mirafi.

8. 3301, Typar Landscape Products.

9. Or equal, as approved by the Landscape Architect.

2.3 MISCELLANEOUS MATERIALS
A. Water: Per ASTM C94, from potable domestic source, and free from deleterious materials such as oils, acids, and organic matter. Transport as required.

B. Stress Reducing Agent: 100% natural organic root and plant stimulator solution, used to eliminate transplant shock and provide better establishment of plants. Solution shall contain a natural wetting agent, designed to improve nutrient release, water-holding capacity, cation exchange capacity in soil, and stimulate fertilizer and micronutrient uptake.

1. Products & Manufacturer’s: Subject to compliance with requirements, provide products by one (1) of the following:
a. Roots NoBurn®, Novozymes Biologicals, Inc., Salem, VA. b. Essential® Plus 1-0-1, Growth Products, White Plains, NY.

2. Application Rate: Provide at prescribed rate and application per Manufacturer’s written recommendations.

C. Wetting Agent and Soil Penetrant (Surfactant): Highly-concentrated liquid solution. Provide in a diluted liquid solution, mixed with water, at the time of watering-in recently planted plant species.

1. Products & Manufacturer’s: Subject to compliance with requirements, provide products by one (1) of the following:
a. Roots NoBurn®, Novozymes Biologicals, Inc., Salem, VA. b. LESCO-Wet™ Plus, Lesco, Inc., Cleveland, OH.
c. Naiad Liquid Wetting Agent, Naiad Company, Inc., Stockton, CA. d. Aqua-Gro L, Scotts Company, Marysville, OH.
e. Sixteen-90, Aquatrols, Cherry Hills, NJ.
f. Or equal, as approved by the Landscape Architect.

2. Application Rate: Provide at prescribed rate and application per Manufacturer’s written recommendations, per one-hundred (100) gallons of water.

D. Plant Vitamin/Hormone Stimulant: Highly-concentrated liquid vitamin solution. Provide in a diluted liquid solution, mixed with water, at the time of watering-in recently planted plant species.

1. Products & Manufacturer’s: Subject to compliance with requirements, provide products by one (1) of the following:
a. SUPERthrive, Vitamin Institute.
b. Roots Concentrate Rooting Stimulant, Novozymes Biologicals, Inc. c. Root-Maxx Plus, Bio-Plex.
d. Or equal, as approved by the Landscape Architect.

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2. Application Rate: Provide at prescribed rate and application per Manufacturer’s written recommendations, per one-hundred (100) gallons of water.

E. Herbicides: EPA registered and approved, from the following:

1. Non-Selective Post-Emergent Herbicide: Spray-applied solution containing a minimum of 41% of the active ingredient “glyphosate” (full strength), with a surfactant, mixed with water accordingly per the Manufacturer’s directions.
a. Products & Manufacturer’s: Subject to compliance with requirements, provide products by one (1) of the following:
1) Roundup® PRO, (41% glyphosate), Monsanto Company.
2) Roundup® PROmax (concentrate, 50% glyphosate), Monsanto Company. 3) Honcho® Plus, (41% glyphosate), Monsanto Company.
4) Prosecutor (41% glyphosate), LESCO, Inc.
5) High Yield® Kill-Zall Weed & Grass Killer, (41% glyphosate), Voluntary Purchasing Groups.
6) Or equal, as approved by the Landscape Architect.
b. Application Rate: Provide at prescribed rate and application per Manufacturer’s written recommendations, per one-hundred (100) gallons of water.

2. Selective Pre-Emergent Herbicide (Packaged dry material application): Pre-emergent control of annual grasses and broadleaf weeds in turf grass areas, and woody ornamental trees, shrubs, vines, and groundcover areas.
a. Products & Manufacturer’s: Subject to compliance with requirements, provide products by one (1) of the following:
1) Ronstar® 2G, (granular), Aventis Environmental Science USA. 2) Snapshot® 2.5 GT (granular), (2% trifluralin), Dow AgroSciences LLC. 3) XL*2G, SETRE Chemical Company.
4) Casoron 4G, Chemtura.
5) Treflan® HFP (43% trifluralin), Dow AgroSciences LLC. 6) Treflan® TR-10, (10% Granular trifluralin), Dow AgroSciences LLC. 7) Surflan®, Dow AgroSciences, LLC.
8) Or equal, as approved by the Landscape Architect.
b. Application Rate: Provide at prescribed rate and application per Manufacturer’s written recommendations, per one-hundred (100) gallons of water.

3. Selective Post-Emergent Herbicide: Pre-mixed, flow-able formulation designed for product stability, uniformity in the spray solution and ease of handling. Post-emergent control of annual grasses, nutsedge, and broadleaf weeds in turf, generally with one (1) application.
a. Products & Manufacturer’s: Subject to compliance with requirements, provide products by one (1) of the following:
1) Trimec® Plus, PBI/Gordon Corporation.
2) Three-Way, LESCO, Inc.
3) Or equal, as approved by the Landscape Architect.
b. Application Rate: Provide at prescribed rate and application per Manufacturer’s written recommendations, per one-hundred (100) gallons of water.

PART 3 - EXECUTION

3.1 GENERAL

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A. Installation practices of the Landscape Planting Accessories shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice, as approved by the Landscape Architect. Contractor shall notify the Landscape Architect, in writing, on the anticipated commencement date and length of duration of the landscape installation.

B. Examination: Examine areas to receive landscaping for compliance with requirements and for conditions affecting performance of Work of this Section. No work under this section shall commence until all submittals under this section have been reviewed and approved, in writing.

Do not proceed with installation until unsatisfactory conditions have been corrected.

C. Prior to Work in this Section, Contractor shall examine previously installed Work from other trades and verify that such Work is complete and as required, to the point where the installation of the Landscape Planting Accessories may commence properly.

3.2 PROTECTION OF SITE
A. Contractor shall protect existing and new improvements and systems installed prior to installation of Landscape Planting Accessories. Maintain protection in place until completion of Work and Landscape Establishment Period.

3.3 MULCHING
A. General: Mulch backfilled surfaces of pits, trenches, planted areas, and other areas indicated.

B. Shredded Wood Mulch:

1. General: Verify locations to receive Shredded Wood Mulch.

2. Apply the following average thickness of Shredded Wood Mulch, and finish level with adjacent finished surfaces. Do not place Shredded Wood Mulch directly against trunks or stems of Plant Materials. Remove Shredded Wood Mulch that is placed against the growing bases or within the basal nodes of plants.

3. Thickness/Depth: Three-inches (3”), minimum.

4. While settlement and/or decomposition of the Shredded Wood may occur during the duration of the Contract, the Shredded Wood Mulch thickness as indicated shall be consistent throughout the duration of the Contract. The Contractor shall provide additional Shredded Wood Mulch, as needed, and as directed by the Landscape Architect, to maintain the specified constant thickness of the Shredded Wood Mulch, until Acceptance of Work is granted.

3.4 INSTALLATION OF MISCELLANEOUS MATERIALS
A. Anti-Dessicant: Apply using power spray to provide an adequate film over trunks, branches, stems, twigs, and foliage.

1. When deciduous trees or shrubs are moved in full-leaf, spray with anti-desiccant at nursery before moving and again two (2) weeks after planting.

B. Stress Reducing Agent: Apply, as required and directed by the Landscape Architect, per Manufacturer’s latest printed instructions.

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C. Wetting Agent & Soil Penetrant: Apply, as required and directed by the Landscape Architect, per Manufacturer’s latest printed instructions.

D. Herbicides: Apply, as required and directed by the Landscape Architect, per Manufacturer’s latest printed instructions.

E. Plant Vitamin/Root Stimulant: Apply, per the Manufacturer’s latest printed instructions. Refer to application requirements per Section 329300 – Exterior Plants.

3.5 CLEAN UP AND PROTECTION
A. For Work under this Section, keep Work area in a clean, orderly, and safe condition. Contractor shall remove trash caused from his Work on a weekly basis throughout the duration of the Work.

B. Protect landscaping from damage due to landscape operations, operations by other Contractors and trades, and trespassers. Maintain protection during installation and landscape establishment periods. Treat, repair, or replace damaged Landscape Planting Accessories as directed.

C. Upon completion of his Work under this Section, the Contractor shall remove rubbish, waste, debris, excess construction materials, and other items resulting from construction operations offsite as described herein this Section and directed by the Landscape Architect.

3.6 FINAL REVIEW
A. Final Review under this Section shall be performed upon completion of the Landscape Establishment Period. (Refer to Section 329813 – Landscape Establishment Period for requirements).

END OF SECTION

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LANDSCAPE ESTABLISHMENT PERIOD 329813 - 1
SECTION 329813 – LANDSCAPE ESTABLISHMENT PERIOD
PART 1 - GENERAL

1.1 SUMMARY
A. This Section includes materials, labor, apparatus, tools, equipment, temporary construction, transportation, and services necessary for and incidental to performing the proper completion of Work, as required to make a complete Landscape Establishment Period (“Service”), as specified during progress of the Work, after installation, for a designated period after Preliminary Acceptance, as shown in the Contract Drawings, and as specified herein this Section.

B. Contractor acknowledges that the Services specified under this Section are not intended to express every detail of the Services to be provided by Contractor, and Contractor hereby represents that it is experienced and competent in providing Services that meets or exceeds generally accepted practices commensurate with those provided by other companies that provide such Service.

C. Work under this Section consists of, but is not necessarily limited to, furnishing and installing the following:

1. Establishment of Landscape Installation, for a given frequency and duration as specified herein this Section. Work includes the following:
a. Litter Control.
b. Weed Control.
c. Pest Control.
d. Plant Care.
e. Fertilization of Plant Materials.
f. Plant Replacement.
g. Plant Pruning.
h. Plant Staking and Adjustments.
i. Temporary Plant Protection.
j. Operation, Adjustment, and Maintenance of Irrigation Controller and Irrigation System.
k. Cleaning of Paving Surfaces.
l. Reapplication of Mulching Materials.
m. Erosion Control and Drainage.
n. Removal of Green Waste.

D. Related Sections: The following Sections contain requirements that relate to Work in this Section:

1. Section 312219 – Landscape Grading.

2. Section 321513 – Stabilized Decomposed Granite (Site Paving & Landscape Mulch).

3. Section 328400 – Irrigation Systems.

4. Section 329113 – Soil Preparation.

5. Section 329200 – Lawns & Grasses.

6. Section 329300 – Exterior Plants.

7. Section 329400 – Landscape Planting Accessories.

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1.2 DEFINITIONS AND APPLICABLE STANDARDS
A. References:

1. USDA – United States Department of Agriculture.

2. ASTM – American Society for Testing & Materials.

3. ANSI – American National Standards Institute.

4. ISA – International Society of Arboriculture.

B. Standards:

1. American National Standard for Tree Care Operation, Tree, Shrub, and Other Woody Plant Maintenance (ANSI A300), American National Standards Institute, Latest Edition.

2. American National Standard for Tree Care Operations (ANSI Z133), American National Standards Institute, Latest Edition.

3. Tree Pruning Guidelines, International Society of Arboriculture, 1995 Edition.

4. Pruning Standards for Shade Trees, National Arborists Association, Latest Edition.

1.3 SUBMITTALS
A. General:

1. Collect information into a single Submittal for each element of construction and type of product or equipment identified under this Section for review.

2. To expedite review, Submittal shall be organized and presented into specific sections or headings. Furnish neat, concise, legible, and clearly identifiable information, and sufficiently explicit detail, to enable proper evaluation for Contract compliance.

Highlight catalog, product data, or brochures containing various products, sizes, and materials to show particular item submitted.

3. Submittal Format: As applicable, furnish Submittal as a single electronic digital PDF (Portable Document Format) file.

B. Digital Submittal Information:

1. Quality Control Submittal:
a. Qualification Data: Submit names for firms and persons specified in the “Quality Assurance and Control” Article to demonstrate their capabilities and experience on similar Landscape Planting Accessories installations.
b. Schedule of maintenance operations and monthly status report, including list of equipment, materials proposed for the job, and watering schedule(s). c. Licenses, permits and insurance required by the local jurisdiction, the State, or Federal government, pertaining to Work under this Section. 1) Pesticide Applicator: Valid California Qualified Applicator Certificate (QAC), with “B – Landscape Maintenance” Category, as administered by the California Department of Pesticide Regulation (DPR). d. Monthly record of herbicides, insecticides and disease control chemicals used for the Project.
e. Written application recommendation by a licensed agricultural pest control advisor for weed, pest and disease controls restricted by the Director of Agriculture proposed for this Work.

2. Project Closeout Submittal:
a. Include in a single 3-ring binder a Landscape Maintenance Manual for use by the Owner, containing an indexed collection of all schedules, records and permits

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listed above, including documentation of accepted condition of planting and irrigation at Final Acceptance.

C. Material Samples: Not required.

D. Scaled Shop Drawings: Not required.

E. Field-Constructed Mock-ups: Not required.

F. Submittals under this Article will be rejected and returned without the benefit of review by the Landscape Architect if they are difficult to read due to insufficient scale, poor image quality, or poor drafting quality; or if all of the required information is missing or not presented in the format as requested. Partial Submittals will not be accepted.

G. No Work shall proceed under this Section until Submittal requirements indicated herein have been reviewed accordingly by the Landscape Architect.

1.4 QUALITY ASSURANCE AND CONTROL
A. Qualifications:

1. Valid California C-27 (Landscaping Contractor) License.

2. Experience: Contractor or sub-contractor performing Work under this Section shall have a full-time employee assigned to the Project as foreman for the duration of the Contract.

Employee shall have a minimum of four (4) years experience in landscape maintenance supervision, with experience or training in entomology, pest control, soils, fertilizers and plant identification. Employee shall speak English fluently.

3. Labor Force: Landscape maintenance labor force shall be thoroughly familiar with, and trained in, the Work to be accomplished, and shall perform the task in a competent, efficient manner acceptable to the Owner.

B. Requirements:

1. Supervision: Landscape Maintenance Foreman shall directly supervise the Work force during duration indicated herein this Section. Notify Owner of changes in supervision.

2. Identification: Provide proper identification during duration for landscape maintenance firm's vehicles and labor force. Be uniformly dressed in a manner satisfactory to the Owner.

1.5 PROJECT/SITE CONDITIONS
A. Site Visit: At beginning of the designated Landscape Establishment Period, visit and tour the site with the Owner's Representative, Landscape Architect, and other interested parties, to clarify the scope of Work, and understand existing project/site conditions.

B. Documentation of Conditions: Document the general condition of installed plant materials, recording those which are healthy and thriving, and unacceptable materials which are damaged, dead, and/or dying and in need of replacement.

C. Irrigation System: Document general condition of existing irrigation system, making sure that faulty, improper, and/or non-functioning irrigation materials or equipment are reported.

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1.6 SEQUENCING AND SCHEDULING
A. Perform Work under Landscape Establishment Period during hours mutually agreed upon between Owner and Contractor.

B. Work force shall be present at the Project Site at a minimum duration indicated in this Section, and at other times as necessary, to perform specified Work, in accordance with the approved schedule under the Landscape Establishment Period.

1.7 WARRANTY
A. Specific Requirements: Refer to the following Sections:

1. Section 328400 – Irrigation Systems.

2. Section 329200 – Lawns & Grasses.

3. Section 329300 – Exterior Plants.

4. Section 329400 – Landscape Planting Accessories.

PART 2 - PRODUCTS

2.1 MATERIALS
A. General: Materials and equipment as required to perform Work under this Section shall be provided by Contractor.

B. Water: Clean, potable and fresh, as available from Owner.

C. Fertilizers:

1. Fertilizer Tablets: Tightly compressed, slow-release and long-lasting complete fertilizer tablets, bearing manufacturer's label of guaranteed analysis of chemicals present. Refer to Section 329113 – Soil Preparation, for requirements.

2. Balanced, once-a-season application, controlled-release Fertilizer(s), with a blend of coated prills which supply controlled-release nitrogen, phosphorus and potassium, and uncoated, rapidly soluble prills containing nitrogen and phosphorus.

D. Herbicides, Insecticides, and Fungicides:

1. Provide materials with original manufacturers' containers, properly labeled with guaranteed analysis.

2. Use non-staining materials.

E. Replacement Tree Guys, Stakes, Ties and Wires: Match originally accepted existing materials installed on the Project.

2.2 EQUIPMENT
A. General: Use only the proper tool(s) required for each task under this Section.

1. Maintain tools in sharp, properly-functioning condition.

2. Clean and sterilize all pruning tools prior to usage.

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LANDSCAPE ESTABLISHMENT PERIOD 329813 - 5
B. Insect/Disease Prevention: Provide measures to prevent introduction of insect or disease-laden materials onto the Site. Refer to Section 329300 – Exterior Plants.

PART 3 - EXECUTION

3.1 FREQUENCY AND DURATION OF LANDSCAPE ESTABLISHEMENT PERIOD A. Following satisfactory completion of all items included on the Landscape Punch List, the contracted Landscape Establishment Period shall commence and progress.

B. Frequency and Duration:

1. Work performed under this Section shall be executed by Contractor at a minimum of once per week, for a duration of a minimum of 90 calendar days.

3.2 COMMENCING THE LANDSCAPE ESTABLISHMENT PERIOD
A. Preliminary Review: As soon as landscape installation is substantially completed per the Contract Documents, Contractor shall arrange to hold a preliminary review on-site with the Landscape Architect, Owner, and other interested parties to evaluate the condition and execution of the completed Work. Evaluation of the Work shall be executed by the Landscape Architect through a “Landscape Punch List”.

B. Date of Review: Notify Landscape Architect at least five (5) working days prior to anticipated Date of Review.

C. Commencing the Landscape Establishment Period: The date on which the Landscape Architect determines that the landscape installation is substantially-complete, whereas outstanding Work included on the Landscape Punch List is addressed and satisfactorily completed to the satisfaction of the Landscape Architect.

3.3 PREPARATION
A. Protection:

1. Protect new landscape planting areas from damage during duration of Landscape Establishment Period, until Final Acceptance.

2. Provide temporary protection fences, barriers and signs, as required, for protection.

B. Replacements:

1. Immediately treat or replace plant materials as directed, which become damaged or injured as a result of Contractor's operations or negligence, per the Landscape Architect, at no additional cost to Owner.

2. Replacement plant materials shall match size and variety of plant material being replaced.

3.4 PLANTING ESTABLISHMENT
A. Watering Basins:

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1. Maintain watering basins around the perimeter of the installed plant materials so that enough water can be applied to establish and maintain adequate soil moisture through the root zone of the plant materials. Re-dish and tamp basins accordingly which have become damaged or have failed since installation.

2. For supplemental hand watering of watering basins, use a water wand to break the water force. Do not permit use of "jet" type watering equipment. Do not permit crown roots to become exposed to air through dislodging of soil and mulch.

3. Mulch: Maintain originally specified thickness of mulch material to reduce evaporation and frequency of watering.

4. During rainy season, open basins to allow surface drainage away from the root crown where excess water may accumulate. Restore watering basins at end of rainy season.

5. At the end of the rainy season, re-dish and tamp watering basin at trees and shrubs.

B. Settlement of Plant Materials: Reset/replant sunken or settled plant materials to proper grades and in upright position.

C. Weed Control:

1. Planting areas throughout site shall be weed-free at all times, including areas between plants and along watering basins.

2. Use only recommended and legally-approved herbicides to control and maintain weed growth.

3. Avoid frequent soil cultivation that destroys shallow roots and breaks the seal of preemergent herbicides.

D. Pruning:

1. Prune trees to select and develop permanent scaffold branches that are smaller in diameter than the trunk or branch to which they are attached, and which have vertical spacing of eighteen-inches (18”) to forty-eight-inches (48”) and radial orientation so as not to overlay each another.

2. Prune trees to eliminate diseased or damaged growth, and narrow “V-shaped” branch forks that lack strength. Reduce toppling and wind damage by thinning-out crowns.

3. Prune trees to maintain growth within space limitations, maintaining a natural appearance and balancing crown with roots.

4. No stripping of lower branches of young trees shall be permitted.

5. Retain lower branches in a "tipped back" or pinched condition to promote caliper trunk growth. Do not cut back to fewer than six (6) buds or leaves on such branches. Only cut lower branches flush with the trunk after the tree is able to stand erect without staking or other support.

6. Thin out and shape evergreen trees when necessary to prevent wind and storm damage.

Do primary pruning of deciduous trees during the dormant season. Do not permit any pruning of trees prone to excessive "bleeding" during growth season.

7. Prune damaged trees or those that constitute health or safety hazards at any time of year as required.

8. Make pruning cuts clean and close to the trunk, without cutting into the branch collar. "Stubbing" will not be permitted. Cut smaller branches flush with trunk or lateral branch.

Make larger cuts one-inch (1”) diameter or larger parallel to shoulder rings, with the top edge of the cut at the trunk or lateral branch.

9. Branches too heavy to handle shall be precut in three (3) stages to prevent splitting or peeling of bark. Make the first two (2) cuts eighteen inches (18”) or more from the trunk to remove the branch. Make the third cut at the trunk to remove the resulting stub.

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10. Do not prune or clip shrubs into balled or boxed forms unless specifically called for by design.

11. Clip shrubs to be hedged when branches project two-inches (2”) beyond limit of clipped hedge shown on the Contract Drawings.

12. Take extreme care to avoid transmitting disease from one infected plant to another.

Properly sterilize pruning tools before going from one infected plant to other plant materials.

E. Maintenance of Existing Plant Materials to Remain:

1. General: Conform to applicable paragraphs regarding pruning, watering, spraying and fertilizing of new plant materials as indicated herein this Section.

2. Symptoms: Be alert to symptoms of construction damage to existing plantings as evidenced by wilting, un-seasonal or early flowering or loss of leaves, and insect or disease infestation due to declining vigor.

3. Notification: Submit in writing of evidences of declining vigor immediately upon discerning the problem. Take appropriate interim measures to mitigate the severity of the problem as specified in this Section.

4. Proposal: Submit written proposal and cost estimate for the correction of all conditions before proceeding with permanent correction Work.

3.5 GROUNDCOVER ESTABLISHMENT
A. Irrigation:

1. Check for moisture penetration throughout the root zone at least twice a month.

2. Water as frequently as necessary to maintain healthy growth of groundcovers.

B. Weed Control:

1. Control weeds, preferably by hand removal, with pre-emergent herbicides and with selective systemic herbicides.

2. Minimize hoeing of weeds in order to avoid plant damage.

C. Fertilization:

1. Recently installed plant materials: Verify with Owner actual completion date of planting installation and rate of prior application of fertilizers.

2. New Plant Materials: Place Planting Tablets (per Section 329113 – Soil Preparation) beside the root ball about one-inch (1”) from root tips.

3. Established Plant Materials: Do not use complete fertilizers unless soil test shows specific nutrient deficiencies.

D. Mowing and Edging:

1. Edge groundcovers to keep in bounds. Trim top growth as necessary to achieve an overall even appearance.

2. Ground covers which lend themselves to mowing shall be mowed to specified height above finished grade in order to renew growth, improve density and attractiveness.

E. Replacements:

1. Replace dead and missing plants after obtaining Owner's agreement to pay for replacement.

2. Damages due to Contractor's negligence shall be paid for without charge to Owner.

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3.6 TURF GRASS ESTABLISHMENT
A. Irrigation:

1. Irrigate Turf Grass at such frequency as weather conditions require, to replenish soil moisture to six inches (6”) below root zone.

2. Provide a total of one-one-half inches (1-1/2”) of water weekly, during hot summer weather, in three (3) applications per week, minimum.

3. Water at night if irrigation system is electrically controlled. Otherwise, watering shall be done during early mornings.

B. Weed Control:

1. Control broadleaf weeds with selective herbicides.

2. In areas where crabgrass has infested the turf grass, apply a selective post-emergent herbicide as soon as possible, and prior to flowering.

3. Apply pre-emergent herbicides prior to crabgrass germination.

4. Do not irrigate for forty-eight (48) hours after application of herbicidal sprays.

5. Coordinate application of herbicides with thatch control and reseeding schedule as described below.

C. Mowing and Edging:

1. Mowing:
a. Mow Turf Grass at a frequency so the maximum grass heights are maintained as listed below:

Turf Type Growing
Season
Dormant
Season
Bluegrass or Tall Fescue 2 to 4” 2 to 3”
Perennial Ryegrass 2.5 to 3.5” 2 to 3”
Hybrid Bermuda 1.5 to 2” 2 to 3”
St. Augustine 2.5 to 4” 2 to 3”
b. Mulching mowers shall not be used.
c. Turf grass shall be cut with rotary mowers to maintain a uniform and horticulturally correct height.
d. Blades shall be kept sufficiently sharp and properly adjusted to provide a cleanlycut grass blade. Grass blade bruising, tearing, or shredding shall be prevented. e. Mowing pattern/direction shell be rotated weekly where feasible to prevent rutting and minimize compaction.

2. Edging:
a. Sidewalks, curbs, plants, walkways, roadway edges, space between planter beds, curbs, headers, and bed edges shall be mechanically edged with a steel blade edger on each visit, not to exceed seven (7) days, to maintain a neat, clean turf edge.

String-type edgers shall not be used for this function. b. Clippings shall either be vacuumed or blown-off all surfaces, or may be blown back to lawn, but no visible clumps of cut grass shall remain. Clippings, if bagged, shall be removed from the property on the same day the property is serviced.

3. String Trimming:
a. String Trimming shall be performed on a weekly basis around roadway signs, guard posts, trees, shrubs, utility poles, and other obstacles where mowers cannot reach. Do not allow string trimming to damage the trunk or foliage of plants.

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b. Grass shall be trimmed to the same desired height as determined by the mowing operation.
c. Particular shall be given to trimming around sprinkler heads and other irrigation appliances to provide maximum water coverage.
d. Turf adjacent to tree wells, valve boxes, and quick coupling valves shall be trimmed as needed to maintain a clean appearance. Chemical defoliants or herbicides shall not be used as an “edger” in these areas.

4. Chemical Edging:
a. Chemical application may be used to kill weeds and turf in and around areas adjacent to buildings, the base of fence lines, or where bed edges do not exist. b. Chemicals shall be used accordingly to applicable rules and regulations.

D. Reseeding/Overseeding:

1. Reseeding/Overseeding: Match existing seed mix of adjacent areas. Refer to Section 329200 – Lawns & Grasses.

E. Renovating of Existing Lawns (where applicable):

1. Thatch Control: Maintain thatch layer at 1/2 in. depth or less. Verticut as required. a. Three (3) weeks before verticutting turf grass, apply nitrate fertilizers. b. Perform verticutting operations preferably in the fall months, but otherwise during the spring months. Remove all debris from verticutting. Overseed as needed. c. Over-seeding must not be followed by application of pre-emergent herbicides for at least four (4) to six (6) weeks. Normally this means that turf grasses invaded by weeds shall be renovated and over-seeded in the Fall, and treated for weed control in the following late Winter.

F. Core Aeration:

1. Do not perform aeration work during season of active weed germination.

2. Aerify compacted areas to improve water penetration when needed, using a piston-driven aerifier with hollow tines. Rake up and remove all resulting soil cores. Fertilize and irrigate immediately after clean-up of cores.

3. Contractor shall be responsible for locating and flagging irrigation devices, equipment, and lines prior to aerating.

G. Fertilization:

1. Recently seeded/sodded Turf Grass areas: Verify with Owner previous applications of fertilizer(s).

2. Established Turf Grass areas: Apply a slow-release (3 to 5 months) fertilizer (21-8-8; NP-K) once in spring and again in the fall at the following rates:

Program 1000 sq. ft. Acre
Optimum 15 lbs. 650 lbs.

Medium 12 lbs. 500 lbs.

Low 8 lbs. 350 lbs.

3. Apply fertilizer when turf grass is dry and preferably after mowing. Do not apply during hot weather or when turf grass is under stress. Water immediately after application.

4. Apply only nitrogen unless a soil test shows a specific nutrient deficiency.

5. If soil pH gets below 6.0, then a basic fertilizer such as calcium nitrate may be preferable to an acidic fertilizer. Follow the soil chemist's recommendation when deficiencies appear.

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3.7 INSECTS, PESTS, AND DISEASE CONTROL
A. Inspection: Inspect plant materials for signs of stress, damage and potential trouble from the following:

1. Presence of insects, moles, gophers, rabbits, ground squirrels, snails and slugs in planting areas.

2. Discolored or blotching leaves or needles.

3. Unusually light green or yellowish green color inconsistent with normal green color of leaves.

B. Personnel: Only licensed, qualified, trained personnel shall perform spraying for insect, pest and disease control.

C. Application: Spray with extreme care to avoid all hazards to any person or pet in the area or adjacent areas.

D. Lawn or vegetation-damaging pests shall be controlled in a timely manner to minimize damage.

3.8 IRRIGATION
A. General:

1. Apply water in sufficient quantities and as often as seasonal conditions require to keep installed planted areas moist at all times, well below the root system of plants. Hand water as required if irrigation system is not fully functional.

2. Repair without additional charge to Owner damages to Irrigation System caused by Contractor's operations. Perform repairs within one (1) watering period.

3. Report promptly to Owner accidental damage not resulting from Contractor's negligence or operations.

4. Twice a month, use a probe or other acceptable tool to check the rootball moisture of representative plants as well as the surrounding soil.

B. Cleaning and Monitoring the System:

1. Continually monitor the irrigation systems to verify that they are functioning properly as designed. Make program adjustments required by changing field conditions.

2. Prevent spraying on windows, building walls, by balancing the throttle control on the remote control valves and the adjustment screws on the sprinkler heads. Do not allow water to atomize and drift.

3.9 AGGREGATE SURFACING MATERIALS
A. Aggregate Surfacing:

1. Maintain Aggregate Surfacing materials at the depth indicated in the Contract Documents. Replace Aggregate Surfacing that is unlike in character (color, size, texture).

Defective, fractured, stained, or material which does not meet the requirements herein in this Section shall be removed and replaced with appropriate Aggregate Surfacing material as specified.

2. Rake Aggregate Surfacing surfaces smooth, consistent, and level, with no depressions, voids, rills, footprints, etc. Fines from the Aggregate Surfacing that are located on the

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finished surface shall be raked and/or removed accordingly to maintain a clean, consistent Aggregate Surfacing finish.

3. Maintain Aggregate Surfacing free of stains, weeds, discoloration, trash, fines, debris, soil, sand, or other foreign material.
a. Contractor shall exercise care so as not to contaminate Aggregate Surfacing with Shredded Wood Mulches, plant materials, soil, or other foreign substances. b. Soil that has contaminated the Aggregate Surfacing areas shall be removed from the Aggregate Surfacing. Raking to “hide” the soil below the finished surface of the Aggregate Surfacing is not acceptable.

3.10 GRADING AND DRAINAGE
A. During the Landscape Establishment Period, all flow lines shall be maintained to allow for free flow of surface water. Displaced material which interferes with drainage shall be removed and placed as directed. Low Spots and pockets shall be graded to drain properly. Jute netting or other erosion control measures as directed shall be installed at flow lines and other locations where surface erosion is evident.

B. Damage to planting areas shall be repaired immediately and throughout the Landscape Establishment Period. Depressions caused by vehicles, bicycles, or foot traffic shall be filled and leveled. Replant damaged areas.

C. All paved areas shall be washed and maintained in a neat and clean condition at all times.

D. All subsurface drains and inlets shall be periodically cleared of debris, leaves, trash, etc., and flushed with clear water to avoid buildup of silt and debris.

3.11 CLEANING
A. General: Dispose of pruned plant materials, vacuum turf grass clippings and leaves, sweep walkways and rake smooth mulched areas. Remove from the site containers and other evidence of maintenance activities.

B. Litter Control:

1. Site areas under the Contract shall be cleared on a weekly basis of visible litter or debris, grass clippings, and garage.

2. Debris caused by normal seasonal winds shall be removed from site

3. Contractor shall be responsible for disposal of debris in accordance with local rules and regulations.

C. Blowing:

1. Landscape debris generated by Work under this Section shall be blown-off or swept on a weekly basis. Do not blow grass clippings, edgings, or debris into shrub beds or onto paved areas unless after such blowing, the resultant accumulation of material is gathered and removed from the site.

3.12 TERMINATION OF THE LANDSCAPE ESTABLISHMENT PERIOD

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A. Final Acceptance Procedure:

1. Work will be accepted by the Landscape Architect upon satisfactory completion of all Work, including Landscape Establishment Period, but exclusive of replacement of materials under the Warranty Period.

2. Submit a written request to Landscape Architect for review for Final Acceptance at least five (5) working days prior to anticipated Final Review date, which is at the end of the Landscape Establishment Period.

B. Corrective Work:

1. Work requiring corrective action or replacement shall be performed within ten (10) calendar days after the Final Review.

2. Perform corrective Work and materials replacement in accordance with the Contract Documents, Work shall be made by the Contractor at no cost to the Owner.

3. After corrective Work is completed, the Contractor shall again request a Final Review for Final Acceptance as outlined above.
a. Continue maintenance of all landscaped areas until such time as all corrective measures have been completed and accepted.

C. Conditions for Acceptance of Work at End of Landscape Establishment Period:

1. Each plant shall be alive and thriving, showing signs of growth and no signs of stress, disease, or any other weaknesses.

2. Replace plant materials not meeting these conditions. An additional Warranty Period equal in length to the original shall be commenced for all such plants and planted areas.

D. Final Acceptance Date: The date on which the Landscape Architect issues a Letter of Final Acceptance. Upon Final Acceptance, Owner will assume responsibility for maintenance of the Work beyond the Landscape Establishment Period.

3.13 CLOSE OUT
A. Landscape Maintenance Record:

1. Submit binder to Owner with documentation and records required and utilized during the Landscape Establishment Period.

B. Keys and Identification: Return keys and identification materials supplied by Owner for the purpose of site access.

END OF SECTION

EXHIBIT “A” – SCHEDULE OF PERFORMANCE
EX-A

CITY OF HERMOSA BEACH
CIP No. 689- CLARK BUILDING RENOVATIONS
SECTION 1. BEGINNING OF WORK, TIME OF COMPLETION

1. Attention is directed to the provisions of Section 6-1 ("Construction Schedule and Commencement of the Work"), Section 6-1.1 ("Construction Schedule"), and Section 6-9 ("Liquidated Damages"), of the State Specifications, and these Provisions.

2. The Contractor shall complete work within 120 working days after receiving the "Notice to Proceed".

3. The Contractor and its securities will pay the sum of one thousand two hundred dollars ($1,200) as liquidated damages for each working day of delay in the performance of the work in this agreement and as shown on the plans.

EXHIBIT “B” – SOLID WASTE REPORTING
EX-B

CITY OF HERMOSA BEACH
CIP No. 689- CLARK BUILDING RENOVATIONS

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.

EX-B

EX-C

EXHIBIT “C”
PHASE 1 REPORT (LEAD AND ASBESTOS CONTAINED MATERIAL)

5' - 0" D04 D28 A D15 D15 7' - 6 1/2" V.I.F. D16 APPROX. 9' - 6" D12 5' - 0" V.I.F. 2' - 0" 1 D21 D21 D21 APPROX. 78' - 0" D15 D24 APPROX. 9' D21 D21 D21 1 D04

B C D E F
2 D21 D24 BALLROOM 100 D12 3 D02 D03 D13 D18 D26 D27 D21 APPROX. 5' D24 D17 4 APPROX. 4' STORAGE 1 / MULTI-PURPOSE ROOM 105 D11 D08 STORAGE 2 / MULTI-PURPOSE ROOM 104 D16 D09 D10 5 EXISTING MEN'S RESTROOM EXISTING WOMEN'S RESTROOM D25 D08 D08 D17 D08 D01 D08 D14 D06 D08 D06 D05 D05 APPROX. 14' - 7" D10 D10 KITCHEN 101 D22 D23 D08 D11 5 D06 D21 D07 D08 D08 D17 D08 D20 D17 D08 D04 4 APPROX. 5' APPROX. 35' - 7" D15 D12 3 D15 D192 APPROX. 14' - 2 1/2"

N A B C D E F
1' - 6" 5' - 0" APPROX. 9'
5' - 0"
APPROX. 13' - 6 1/2"
4' - 0"
APPROX. 4'
5' - 0" APPROX. 33' - 8 1/2" APPROX. 43' - 5"
APPROX. 11'
APPROX. 5'
APPROX. 7' - 4" Firm Name and Address Ellis
Figure 1: Lead & Asbestos Material Locations
Clark Building
861 Valley Drive
Hermosa Beach, CA 90254 24-146 03/14/2024 1 of 1 Ellis Environmental Mgmt, Inc. 430 Silver Spur Rd., Suite 201 Rancho Palos Verdes, CA 90275 Sheet Client Name and Address Project # Date City of Hermosa Beach Public Works Department Pass-through Window & Trim Lead Paint Demo - (1 EA) Lead Door & Frame Paint Demo - (11 EA) Lead CeilingPaint Demo - 3,250SF Cut & Remove 1' Back Stage & Cabinet wall off of lead wall paint - 19 LF Lead Wall Paint Demo - 82 LF Remove lead painted white interior molding - (24 EA) · All interior grey, green, yellow, and beige paint on plaster substrate in this structure are lead-based. · All Original interior door paint, trim paint, and plaster paint in the kitchen, restrooms, auditorium of this building are lead-based. · All interior white paint on plaster substrate is lead-containing. · Baseboard paint in the auditorium/ballroom is lead-based. · Roofing mastics on this structure contain asbestos. ACM Roof mastics Around Fire Place - (1 EA)

430 Silver Spur Road, Suite 201
Rancho Palos Verdes, CA 90275
Tel: (310) 544 1837
Fax: (310) 544 2167
www.ellisenvironmental.com
Environmental Testing ▫ Contract Administration ▫ Site Assessments and Closure October 11, 2022
Jonathan Pascual
Assistant Engineer
City of Hermosa Beach
1315 Valley Dr.,
Hermosa Beach, CA 90254
RE: Supplemental Bulk Sampling for Asbestos
City of Hermosa Beach – Clark Building
861 Valley Drive, Hermosa Beach, CA 90254

1. Executive Summary
On October 3, 2022, Ellis conducted supplemental sampling for possible asbestos-containing materials at the subject site. Sampling and inspections were performed in the Clark Building prior to planned renovation activities – see photos and Figure 1. Past sampling efforts have been performed in the building by Envirocheck (2008), Patriot Environmental (2015), and by Ellis in (2017). This supplemental sampling effort was performed to fortify existing results for materials in the building for the purpose of meeting current SCAQMD Rule 1403 standards. Results are summarized below.

Asbestos
The following materials are asbestos-containing:

1. asbestos-cement vent pipes

2. roof penetration mastics and sealants

3. vapor barrier beneath hardwood flooring (inaccessible and assumed) No other materials were sampled. See “Results” section, Appendix A, and Table 1 for a complete list of asbestos-related samples.

Lead in Paint
The following paints are “lead-based” (>0.06 % lead by wt.):

1. green door paint – women’s restroom

2. grey wall paint – kitchen

3. green paint on plaster baseboard – auditorium

4. yellow ceiling paint – kitchen

5. green wall paint – storage 2

6. beige closet paint – men’s restroom
A licensed abatement contractor is required for the removal or disturbance of the lead-based paints listed above. See “Results” section for more information. Also reference the “Results” section, Appendix A, and Table 2 for a complete list of lead-related samples.

This was not a complete hazardous materials survey; only client-specified locations and materials Exhibit "C" - Lead and Asbestos Report Provided By Ellis Environmental On Oct. 11, 2022

were sampled. Any materials not identified in existing reports should be sampled prior to disturbance. The removal of asbestos- and lead-containing materials is regulated by SCAQMD Rule 1403 (asbestos only), Cal/OSHA Title 8 § 1529, Cal/OSHA Title 8 § 1532.1, and their federal regulatory counterparts. See attached regulatory summaries.

2. Methodology
All samples were collected by Lina Sok (CSST #15-5499, CDPH #2591), an EPA course-certified building inspector employed by Ellis. Each sample was placed in a sealed container and provided with a unique identifying number. Samples were transported to an EPA/NVLAP – accredited laboratory and analyzed by the following methods as appropriate for the sampled material:
• Asbestos. 40 CFR Part 763, Subpart F, Appendix A. (AHERA Final Rule). Results expressed in percent of measured area.
• Lead in Paint. Flame AAS (SW 846 EPA method 3050B/7000B). Results expressed in percent by weight.

3. Inaccessible Areas
Sampling was limited to client-specified materials and locations(only) – see drawings and Section 1 above. There is a chance that additional suspect materials(e.g. pipe insulation above hard ceilings) may be exposed during renovation or demolition efforts. Such materials, if not identified in existing reports, should be sampled and analyzed prior to disturbance.

4. Results
Refer to the attached drawing and laboratory analysis reports.

Asbestos
Asbestos was detected in the following sampled material:

1. asbestos-cement vent pipes – (5-15% chrysotile, good condition / “non-friable” – appx. 40 linear feet in qty.*)

2. roof penetration mastics and sealants – (6% chrysotile, good condition / “non-friable” – appx. 250 ft2
in qty.*)

3. vapor barrier beneath hardwood flooring – (assumed, unknown condition – appx. 1,800 ft2 in qty.*)
* Not for bidding purposes. Conditions noted are representative of observations on the date of sampling (only).

Field verify all listed quantities and conditions.

A licensed abatement contractor is required for the disturbance or removal of the asbestoscontaining materials noted above.

No asbestos was detected in the following sampled materials:

1. exterior rolled-on roofing felts

2. exterior window putty

3. exterior stucco

4. exterior concrete wall / patching

5. concrete floor

6. interior wall / ceiling plaster

7. interior wallboard / joint compound (storage)

8. 2’ x 4’ ceiling tiles

9. cove base / associated mastic

10. brick / mortar
No other materials were sampled. See Table 1, Figure 1, and Appendix A for a complete list of sampled materials and their locations.

The removal of any material containing asbestos in an amount greater than one percent (AsbestosContaining Material or ACM) is regulated under EPA-SCAQMD Rule 1403, 29 CFR 1926.1101 (federal OSHA) and other state and local guidelines. Removal of any material containing asbestos in an amount greater than 0.1 percent is also regulated, under Cal-OSHA Title 8 Section 1529.

Asbestos-containing waste material (ACWM) generated during the removal of friable and nonfriable ACM must be disposed of as hazardous asbestos waste and non-hazardous asbestos waste, respectively. For asbestos-containing materials with asbestos concentrations of less than 1% but greater than 0.1%, so called Asbestos-Containing Construction Materials or ACCM, waste generated during abatement activities may be disposed of as standard construction waste but must still be removed by a DOSH registered abatement contractor. Prior to renovation or demolition, retain a licensed abatement contractor to remove asbestos materials identified.

Lead
The following paints are “lead-based” (>0.06 % lead by wt.):

1. green door paint – women’s restroom (0.22% lead by wt.)

2. grey wall paint – kitchen (0.16% lead by wt.)

3. green paint on plaster baseboard – auditorium (0.081% lead by wt.)

4. yellow ceiling paint – kitchen (0.37% lead by wt.)

5. green wall paint – storage 2 (0.13% lead by wt.)

6. beige closet paint – men’s restroom (0.29% lead by wt.) A licensed abatement contractor is required for the removal of disturbance of the lead-based paint listed above. Drum and profile all uniquely generated waste stream prior to transportation or disposal. See attached regulatory summaries for more information.

The following sampled paints are “lead-containing” (<0.06 % lead by wt.):

1. white wall paint on plaster – (0.041% lead by wt.)
Avoid torching, welding, or mechanical abrading on lead-containing paints without prior exposure monitoring as is stipulated in Cal/OSHA Title 8 § 1532.1. No other special, leadrelated precautions required. Reference the attached lead “Trigger Tasks” document for additional information on “lead-based” (>.06%) and “lead-containing” (<.06%) paints and work practices.

No lead above regulated levels was identified in the following sampled paint:

1. green door frame paint - auditorium (<0.01% lead by wt.)

2. white door frame paint – auditorium (<0.01% lead by wt.)

3. grey wall paint – men’s & women’s restrooms (<0.01% lead by wt.)

4. green wall paint – exterior stucco (<0.01% lead by wt.)

5. white paint – exterior columns (<0.01% lead by wt.)

No other materials were sampled. See Table 1, Figure 1, and Appendix A for a complete list of sampled materials and their locations.

The disturbance of lead-containing materialsis regulated by Cal/OSHA Title 8 § 1532.1, California Department of Public Health CDPH Title 17, and their federal regulatory counterparts. See attached regulatory summaries.
.

5. Statement of Independence
Ellis is a privately held company and is not affiliated with any financial institution or other corporate entity. Ellis is retained as an independent contractor to provide objective, impartial investigation or analytical services regarding environmentally regulated hazardous or toxic materials. Thisreport is not an endorsement or rejection of any specific methods used in handling or transport of potentially hazardous chemicals. Nor is intended as a complete hazardous materials survey of the entire building or facility. Ellis provides independent testing for asbestos, lead, indoor air contaminants and other potentially hazardous materials. The company and its employees are certified and licensed to practice in the State of California. Retained laboratories are accredited by the EPA (AREAL), NIOSH (AIHA), and the California Air Resources Board (CARB).

Respectfully Submitted:

ELLIS ENVIRONMENTAL MANAGEMENT, INC.

Prepared by: Reviewed by:

Lina Sok Ryan C. Davidson
Industrial Hygienist Senior Project Manager
CSST #15-5499 CAC #15-5395
CDPH #2591 CDPH #0368
Proj. No.: 22-410 Distribution: Jonathan Pascual

REF. MATERIAL

MATERIAL
LOCATION FRIABLE DAMAGE % ASB QTY* UNIT
Patriot
Env. 2015 transite vent pipe attic no no 5-15% 40 l.f.

Patriot
Env. 2015 roof penetration mastics
lower and main roof
penetrations no no 6% 250 s.f.
17-454
(abated in
2017)
12" x 12" grey / green
floor tile & associated
mastic kitchen no no 2-7% 450 l.f.

A1, A2,
81702A exterior concrete wall see Figure 1 - -
none
detected - -
A3, A4,
A5 concrete floor see Figure 1 - -
none
detected - -
A6, A7,
81710A
wallboard / joint
compound (storage) see Figure 1 - -
none
detected - -
A8, Patriot
Env. 2015
grey cove base /
associated mastic see Figure 1 - -
none
detected - -
A9, A10,
A11 brick / mortar see Figure 1 - -
none
detected - -
A12, A13,
81701A exterior stucco (kitchen) see Figure 1 - -
none
detected - -
Not a complete survey; only client-specified materials were sampled.

IDENTIFIED ASBESTOS MATERIALS

NON-ASBESTOS MATERIALS
*Not for bidding purposes. Field verify all quantities and conditions.

ABATED ASBESTOS MATERIALS
Ellis
Table 1
Asbestos Results Summary
City of Hermosa Beach
Clark Building
SHEET 1 OF 1
Proj. # 22-410
Sample Date: 10/3/22

AmeriSci Los Angeles
24416 S. Main Street, Ste 308
Carson, California 90745
TEL: (310) 834-4868 • FAX: (310) 834-4772
10/03/22 AmeriSci Job # 922101023
10/05/22
1 4
22-410; City Of Hermosa Beach; Clark BLDG. - 861 Valley Dr.

Hermosa Beach, 90254
PLM Bulk Asbestos Report
Date Received
Date Examined
RE:

Page of
P.O. #
Ellis Environmental Management, Inc.
430 Silver Spur Road
Suite 201
Rancho Palos Verdes, CA 90275
Attn: Duane Behrens
Client No. / HGA Lab No. Asbestos Present Total % Asbestos Location:

Analyst Description:

Asbestos Types:

Other Material:

A1 922101023-01 No NAD
Exterior Concrete Wall
Gray, Heterogeneous, Non-Fibrous, Cementitious, Concrete Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A2 922101023-02 No NAD
Exterior Concrete Wall
Gray/Green/White, Heterogeneous, Non-Fibrous, Cementitious, Concrete Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A3 922101023-03 No NAD
Concrete Floor
Gray, Heterogeneous, Non-Fibrous, Cementitious, Concrete Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A4 922101023-04 No NAD
Concrete Floor
Gray, Heterogeneous, Non-Fibrous, Cementitious, Concrete Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A5 922101023-05 No NAD
Concrete Floor
Gray, Heterogeneous, Non-Fibrous, Cementitious, Concrete Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
See Reporting notes on last page

AmeriSci Job #: 922101023 Page 2 of 4
22-410; City Of Hermosa Beach; Clark BLDG. - 861 Valley Dr.

Hermosa Beach, 90254
PLM Bulk Asbestos Report
Client Name: Ellis Environmental Management, Inc.

Client No. / HGA Lab No. Asbestos Present Total % Asbestos Location:

Analyst Description:

Asbestos Types:

Other Material:

A6 922101023-06.1 No NAD
WB/JC - Storage 1
Off-White, Heterogeneous, Non-Fibrous, Joint Compound
Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A6 922101023-06.2 No NAD
WB/JC - Storage 1
White, Heterogeneous, Fibrous, Wall Board
Fibrous glass 5%, Non-fibrous 95%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A7 922101023-07.1 No NAD
WB/JC - Storage 1
Off-White, Heterogeneous, Non-Fibrous, Joint Compound
Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A7 922101023-07.2 No NAD
WB/JC - Storage 1
White, Heterogeneous, Fibrous, Wall Board
Fibrous glass 5%, Non-fibrous 95%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A8 922101023-08L1 No NAD
Grey Cove Base/Mastic
Gray , Homogeneous, Non-Fibrous, Cove Base
Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A8 922101023-08L2 No NAD
Grey Cove Base/Mastic
Gray, Homogeneous, Non-Fibrous, Mastic
Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
See Reporting notes on last page

AmeriSci Job #: 922101023 Page 3 of 4
22-410; City Of Hermosa Beach; Clark BLDG. - 861 Valley Dr.

Hermosa Beach, 90254
PLM Bulk Asbestos Report
Client Name: Ellis Environmental Management, Inc.

Client No. / HGA Lab No. Asbestos Present Total % Asbestos Location:

Analyst Description:

Asbestos Types:

Other Material:

A9 922101023-09.1 No NAD
Brick/Mortar
Red, Heterogeneous, Non-Fibrous, Cementitious, Brick
Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A9 922101023-09.2 No NAD
Brick/Mortar
Gray, Heterogeneous, Non-Fibrous, Cementitious, Mortar
Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A10 922101023-10.1 No NAD
Brick/Mortar
Red, Heterogeneous, Non-Fibrous, Cementitious, Brick
Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A10 922101023-10.2 No NAD
Brick/Mortar
Gray, Heterogeneous, Non-Fibrous, Cementitious, Mortar
Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A11 922101023-11.1 No NAD
Brick/Mortar
Red, Heterogeneous, Non-Fibrous, Cementitious, Brick
Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A11 922101023-11.2 No NAD
Brick/Mortar
Gray, Heterogeneous, Non-Fibrous, Cementitious, Mortar
Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
See Reporting notes on last page

AmeriSci Job #: 922101023 Page 4 of 4
22-410; City Of Hermosa Beach; Clark BLDG. - 861 Valley Dr.

Hermosa Beach, 90254
PLM Bulk Asbestos Report
Client Name: Ellis Environmental Management, Inc.

Client No. / HGA Lab No. Asbestos Present Total % Asbestos Location:

Analyst Description:

Asbestos Types:

Other Material:

A12 922101023-12 No NAD
Exterior Stucco - Kitchen
Gray/Beige, Heterogeneous, Non-Fibrous, Cementitious, Stucco Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Location:

Analyst Description:

Asbestos Types:

Other Material:

A13 922101023-13 No NAD
Exterior Stucco - Kitchen
Gray/Beige, Heterogeneous, Non-Fibrous, Cementitious, Stucco Non-fibrous 100%
(by CVES)
by Francis Paras
on 10/05/22
Reporting Notes:
*NAD = no asbestos detected; Detection Limit <1%; Reporting Limits: CVES = 1%, 400 Pt Ct = 0.25%, 1000 Pt Ct = 0.1%; NA = not analyzed; NA/PS = not analyzed / positive stop; NVA = No Visible Asbestos; PLM (polarized light microscopy) Bulk Asbestos Analysis by EPA 600/R-93/116, including requirements for EPA 600/M4-82-020 per 40 CFR 763 (NVLAP Lab #200346-0); Note: PLM is not consistently reliable in detecting asbestos in floor coverings and similar NOB materials. TEM is currently the only method that can be used to determine if this material can be considered or treated as non-asbestos-containing in New York State (also see EPA Advisory for floor tile, FR 59, 146, 38970, 8/1/94). NIST Accreditation requirements mandate that this report must not be reproduced except in full with the approval of the laboratory. This PLM report relates ONLY to the items tested.

Analyzed by: Francis Paras
Date: 10/5/2022
Reviewed by: Patricia Weakley

APPLICABLE REGULATIONS – LEAD
California Title 8. Industrial Relations, Division 1, Department of Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders, Article 4, Dusts, Fumes, Mists, Vapors, and Gases, §1532.1, Lead.

This section applies to all construction work where an employee may be occupationally exposed to lead. All construction work excluded from coverage in the general industry standard for lead by section 5198(a)(2) is covered by this standard. Construction work is defined as work for construction, alteration and/or repair, including painting and decorating. It includes but is not limited to the following:
(1) Demolition or salvage of structures where lead or materials containing lead are present; (2) Removal or encapsulation of materials containing lead; (3) New construction, alteration, repair, or renovation of structures, substrates, or portions thereof, that contain lead, or materials containing lead;
(4) Installation of products containing lead;
(5) Lead contamination/emergency cleanup;
(6) Transportation, disposal, storage, or containment of lead or materials containing lead on the site or location at which construction activities are performed, and (7) Maintenance operations associated with the construction activities described in this subsection.

California Health & Safety Code 17961 et al.

Deems a building to be in violation of state law if it contains lead hazards, and requires local enforcement agencies to enforce provisions related to lead hazards. Makes it a crime for a person to engage in specified acts related to lead hazard evaluation, abatement, and lead-related construction courses unless certified or accredited by the Department. Permits local enforcement agencies to order the abatement of lead hazards or issue a cease and desist order in response to lead hazards.

California Labor Code 6716 to 6717 Lead-Related Activities in Construction Work Provides for the establishment of standards that protect the health and safety of employees who engage in lead-related construction work, including construction, demolition, renovation and repair.

California Code of Regulations, Title 17, Section 35001 Includes requirements for lead hazard evaluation and abatement activities, accreditation of training providers, and certification of individuals engaged in lead-based paint activities.

LEAD - “TRIGGER TASKS”
(SOURCE: California Title 8 Section 1532.1.)
Following testing, Construction Managers and Superintendents may use the following to decide whether (and for how long) an abatement contractor should be retained during disturbance of painted surfaces.

Paint Categories

1. Lead-Based. >.06% Lead by Weight. Start-to-finish, retain an abatement contractor to perform trigger tasks listed below.

2. Lead-Containing. 0.009 – 0.06% lead by weight. Avoid torching or mechanical grinding; no other special precautions.

3. Non-Lead-Containing <.009% lead by weight. No special lead-related precautions required.

TRIGGER TASKS - Lead-Based Paints Only:

Lowest Exposure Trigger Tasks:

Unless proven otherwise (Negative Exposure Assessment, or "NEA"), assume exposures greater than 50 and up to 500 μg/m3 where lead-based coatings or paint are present:
• manual demolition of structures
• manual scraping
• manual sanding
• heat gun applications
• power tool cleaning with dust collection system
• spray painting with lead
• any other task where employees may be exposed over the PEL.

Medium Exposure Trigger Tasks:

Unless proven otherwise (NEA), assume exposures greater than 500 and up to 2,500 μg/m3 where leadbased coatings or paint are present:
• use of lead-containing mortar
• lead burning
• rivet busting
• power tool cleaning without dust collection systems
• cleanup of dry expendable abrasives
• abrasive blasting enclosure movement and removal
Highest Exposure Trigger Tasks:

Assume exposures greater than 2,500 μg/m3 unless proven otherwise where lead-based coatings or paint are present:
• abrasive blasting
• welding
• cutting
• torch burning

Ellis www.ellisenvironmental.com 310 544 1837
APPLICABLE REGULATIONS – ASBESTOS
Current state and federal regulations pertaining to asbestos are summarized below. The summary is not all-inclusive, and does not address specific removal or disposal requirements for individual materials.

NESHAPS
The National Emission Standard for Hazardous Air Pollutants (NESHAP), regulation 40 CFR Part 61, states that no visible emissions are allowed during building demolition or renovation activities which involve regulated asbestos-containing materials (RACMs). All buildings, regardless of construction date, must be surveyed for ACMs prior to demolition or renovation. The US EPA and/or the local air quality management district which implements US EPA actions must be notified prior to any building demolition, even if no ACMs are present. An ACM is defined as any material with an asbestos content of greater than one percent and which (a) is friable, or (b) Category I non-friable ACM that has or will become friable, or (c) Category II friable ACM that may become or will become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation.

According to NESHAP, ACM is material containing more than one percent asbestos as determined using the methods specified in Appendix A, Subpart E, 40 CFR Part 763, Section 1, PLM. The NESHAP classifies ACM as friable or non-friable. Friable ACM is ACM that contains more than one percent asbestos and when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.

Non-friable ACM also contains more than one percent asbestos and is further classified as either Category I ACM or Category II ACM. The materials are distinguished by their potential to release fibers when damaged. Category I ACMs are much more likely to release fibers when damaged.

In accordance with the US EPA's NESHAP regulation, facilities planned for renovation or demolition must be surveyed for the total amount of asbestos materials, which must be categorized as friable, Category 1 non-friable, and Category 2 non-friable ACMs.

Southern California Air Quality Management District (SCAQMD) The SCAQMD is a government agency that regulates sources of air pollution within the area of the Los Angeles and surrounding counties. The District’s regulating and enforcement authority comes from federal law. In response to the NESHAP requirements, the SCAQMD implemented Rule 1403 to specify work practice requirements to limit asbestos emissions from building demolition and renovation activities, including the removal and associated disturbance of asbestos-containing materials (ACM). The requirements for demolition and renovation activities include asbestos surveying, notification, ACM removal procedures and time schedules, ACM handling and clean-up procedures, and storage, disposal, and landfilling requirements for asbestos-containing waste materials (ACWM). All operators are required to maintain records, including waste shipment records, and are required to use appropriate warning labels, signs, and markings.

AHERA
The Asbestos Hazard Emergency Response Act (AHERA) requires performance of asbestos surveys and the development of Asbestos Management Plans for all of the nation's primary and secondary schools. The general procedures mandated under AHERA are considered the industry standard and are applied to all surveys performed.

Ellis www.ellisenvironmental.com 310 544 1837
Cal-OSHA
Per Cal-OSHA standards, 1926.1101, Asbestos-Containing Construction Materials (ACCMs) are defined as any material with an asbestos content greater than one-tenth of one percent (>0.1%). Cal-OSHA sets forth work requirements for disturbance of ACCMs including removal operations for all types of ACCMs. The requirements have been classified as Class I, Class II, Class III, or Class IV Asbestos related work. The classes are distinguished by their potential to release fibers. Cal-OSHA prescribes specific engineering controls and work practices for each Class of Asbestos related Work.

1. Class I – This Class refers to removal of ACMs identified as Thermal System Insulation (TSI) or surfacing (sprayed-on or troweled-on) materials. These materials are generally considered friable.

2. Class II – This Class refers to removal of ACMs identified that are not TSI or surfacing materials.

These materials are generally considered non-friable.

3. Class III – This Class refers to repair and maintenance operations of all identified ACMs.

4. Class IV – This Class refers to incidental contact with identified ACMs such as custodial staff.

California Health and Safety Code
The California Health and Safety Code 25915 (former Connelly Bill) requires all building owners in the State of California to provide written notification to employees, tenants, and contractors of the presence and location of ACCMs within their buildings. Some exclusion to the notification rule for restricted access areas is allowed. All documentation related to asbestos surveys (and air monitoring) must be made available to employees, tenants, or contractors for review. ACCMs are defined as any materials with an asbestos content greater than one-tenth of one percent (>0.1%). The California Health and Safety Code also require that a seller with any knowledge of ACMs on a property disclose such information or knowledge to other parties involved in a real estate transaction.

Building Demolition / Renovation
In accordance with the US EPA's NESHAPs regulation and the SCAQMD, all structures planned for renovation or demolition must be surveyed for ACMs prior to the planned renovation or demolition.

Subsequent removal of identified ACMs is also required. Removal involves, to the greatest extent practical, the complete removal, disposal, and replacement, if necessary, of the ACMs. Removal usually also requires encapsulation of the remaining structure to lock down residual fibers which may exist.

Removal of ACMs is required prior to renovation and/or demolition activities. The US EPA and SCAQMD require removal of all RACMs prior to demolition or renovation. RACMs include friable and non-friable (Category I and II) which have or will become friable by demolition or renovation activities.

Appendix A
Past Sampling Reports
Past Abatement Monitoring Reports

Ellis
Hazardous Materials Assessment
o Asbestos
o Lead
The Clark Building
861 Valley Drive
Hermosa Beach
Sampling Date: August 17, 2017
Project No: 17-312
Prepared for:

The City of Hermosa Beach
Prepared by:

Ellis Environmental Management, Inc.
430 Silver Spur Road, Suite 201
Rancho Palos Verdes, CA 90275
310 544 1837 / www.ellisenvironmental.com

Ellis
Terms of Use
Ellis Environmental Management, Inc has prepared this report for the exclusive use of The City of Hermosa Beach
Ellis will distribute any information regarding this assessment and report only upon the request of the client.

This report is based upon data and information obtained during the site visits performed by Ellis personnel for the property identified herein within the time frames allowed. It is based solely upon the condition of the property on the date of such inspection, supplemented by information and data obtained by Ellis and described herein. Information presented is based on professional interpretation of data available as of the month prior to the date of report. Physical testing of subsurface soils or structures was not performed as part of this assessment. No opinion or warranty is made regarding the existence or location of underground structures or potential contaminants, whether stored or released. In evaluating the property, Ellis has relied in good faith upon representations and information furnished by individuals and agencies noted in the report with respect to operations and existing property conditions, and the historic uses of the property to the extent that they have not been contradicted by data obtained from other sources. Use of this report indicates acceptance and agreement that Ellis will incur no responsibility or liability for any loss, injury, claim or damage arising directly or indirectly from any use or reliance on this report, regardless of whether claimed loss, injury, claim or damage was caused by the deficiency, misstatements, omissions, misinterpretations, or fraudulent acts of persons interviewed. Ellis has performed this work, made findings, and proposed recommendations described in this report in accordance with generally accepted environmental science practices for asbestos and lead-paint surveys in effect at the time the work was performed and within requested time frames. Additional information received following issuance of the report may alter initial findings and recommendations. This warranty stands in lieu of all other warranties, expressed or implied. While this report can be used as a guide, it must be understood that it is neither a rejection nor an endorsement of the property, or of the means or methods used in the treatment, storage or disposal of potentially hazardous materials. Changing circumstances in the environment and in the use of the property can alter the conclusions and information contained in the report.

Ellis
Table of Contents
Introduction
Site Description
Background
Applicable Regulations – Asbestos
Applicable Regulations – Lead
Methodology
Inaccessible Areas
Results
Summary and Recommendations
Statement of Independence
Signatory
Table 1 – Asbestos and Lead Summary
Table 2 – Lead XRF Summary
Appendix A Material and Sample Locations
Appendix B Laboratory Results – Asbestos
Appendix C Laboratory Results - Lead
Appendix D Ellis / Lab Certifications
Appendix E Lead “Trigger Tasks”
CDPH Form 8552

Ellis Environmental Management, Inc.
430 Silver Spur Road, Suite 201
Rancho Palos Verdes, CA 90275
Tel: (310) 544 1837
Fax: (310) 544 2167
www.ellisenvironmental.com
Environmental Testing ▫ Contract Administration ▫ Site Assessments and Closure Project No. 17-312
August 24, 2017
Ms. Liz Zeigler
Management Analyst
Public Works Department
City of Hermosa Beach
Subject: ASBESTOS AND LEAD SURVEY REPORT

THE CLARK BUILDING
861 VALLEY DRIVE

HERMOSA BEACH

INTRODUCTION
On August 17, 2017, Ellis conducted an inspection for possible asbestos-containing and lead-based materials at the subject site. All samples were collected by Duane Behrens, Lina Sok and Sonny Baramy, EPA- and CDPH-accredited building inspectors employed by Ellis. The sampling was conducted prior to planned interior renovation activities.

To the best of our knowledge, this survey and report have been prepared to include the following asbestos- and lead-specific components:
a. survey sampling protocol to include collection, sampling and analysis methods b. initial characterization of asbestos waste stream(s) c. certification of the inspector as a CSST
d. certification of the inspector as a CDPH lead inspector/assessor e. certification of the report preparer as a CAC
f. certification of the report preparer as a CDPH lead inspector/assessor g. state laboratory certification

Ellis page 2

SITE DESCRIPTION
Building Description: The structure at the subject site was conceived and built as a community meeting hall in 1936. High ceilings, large windows and a hardwood floor make this an attractive venue for numerous local events. Floors are hardwood. Walls are concrete. The wooden roof has a barrel shape typical of buildings of this period. Total interior area of the building is approximately 4800 s.f., including a large auditorium and stage, kitchen, 2 restrooms and 2 storage rooms.

BACKGROUND
Asbestos-containing materials and lead-based paints have been widely used in the construction of public and commercial buildings since the 1930s. Insulation and fireproofing in more than 750,000 buildings in this country contain some quantity of asbestos. Lead paint was widely applied up until circa 1978, when concentrations of lead in paint began to be reduced.

In their normal state, most types of asbestos-containing building materials are unlikely to release airborne fibers. When broken up or disturbed improperly, however, asbestos fibers may become airborne. “Friable” materials – that is, materials that can be crushed using normal hand pressure – are more likely to release airborne fibers when disturbed improperly. Inhalation exposure to high levels of asbestos over long periods and/or ingestion of lead-based paint are associated with an increased incidence of cancer, respiratory, liver and other diseases.

Asbestos is primarily an inhalation hazard. Lead-based paint, when damaged (peeling or flaking), is primarily an ingestion hazard. Any activity that could disturb asbestos materials or lead-based paint should be undertaken with care and in accordance with applicable law.

APPLICABLE REGULATIONS – ASBESTOS
Current state and federal regulations pertaining to asbestos are summarized below. The summary is not all-inclusive, and does not address specific removal or disposal requirements for individual materials.

Ellis page 3

NESHAPS
The National Emission Standard for Hazardous Air Pollutants (NESHAP), regulation 40 CFR Part 61, states that no visible emissions are allowed during building demolition or renovation activities which involve regulated asbestos-containing materials (RACMs). All buildings, regardless of construction date, must be surveyed for ACMs prior to demolition or renovation. The US EPA and/or the local air quality management district which implements US EPA actions must be notified prior to any building demolition, even if no ACMs are present. An ACM is defined as any material with an asbestos content of greater than one percent and which (a) is friable, or (b) Category I nonfriable ACM that has or will become friable, or (c) Category II friable ACM that may become or will become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation.

According to NESHAP, ACM is material containing more than one percent asbestos as determined using the methods specified in Appendix A, Subpart E, 40 CFR Part 763, Section 1, PLM. The NESHAP classifies ACM as friable or non-friable. Friable ACM is ACM that contains more than one percent asbestos and when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.

Non-friable ACM also contains more than one percent asbestos and is further classified as either Category I ACM or Category II ACM. The materials are distinguished by their potential to release fibers when damaged. Category I ACMs are much more likely to release fibers when damaged.

In accordance with the US EPA's NESHAP regulation, facilities planned for renovation or demolition must be surveyed for the total amount of asbestos materials, which must be categorized as friable, Category 1 non-friable, and Category 2 non-friable ACMs.

Southern California Air Quality Management District (SCAQMD) The SCAQMD is a government agency that regulates sources of air pollution within the area of the Los Angeles and surrounding counties. The District’s regulating and enforcement authority comes from federal law. In response to the NESHAP requirements, the SCAQMD implemented Rule 1403 to specify work practice requirements to limit asbestos emissions from building demolition and renovation activities, including the removal and associated disturbance of asbestos-containing materials (ACM). The requirements for demolition and renovation activities include asbestos surveying, notification, ACM removal procedures and time schedules, ACM handling and clean-up procedures, and storage, disposal, and landfilling requirements for asbestos-containing waste materials (ACWM). All operators are required to maintain records, including waste shipment records, and are required to use appropriate warning labels, signs, and markings.

AHERA
The Asbestos Hazard Emergency Response Act (AHERA) requires performance of asbestossurveys and the development of Asbestos Management Plans for all of the nation's primary and secondary schools. The general procedures mandated under AHERA are considered the industry standard and are applied to all surveys performed.

Ellis page 4
Cal-OSHA
Per Cal-OSHA standards, 1926.1101, Asbestos-Containing Construction Materials (ACCMs) are defined as any material with an asbestos content greater than one-tenth of one percent (>0.1%). CalOSHA sets forth work requirements for disturbance of ACCMs including removal operations for all types of ACCMs. The requirements have been classified as Class I, Class II, Class III, or Class IV Asbestos related work. The classes are distinguished by their potential to release fibers. Cal-OSHA prescribes specific engineering controls and work practices for each Class of Asbestos related Work.

1. Class I – This Class refers to removal of ACMs identified as Thermal System Insulation (TSI) or surfacing (sprayed-on or troweled-on) materials. These materials are generally considered friable.

2. Class II – This Class refers to removal of ACMs identified that are not TSI or surfacing materials. These materials are generally considered non-friable.

3. Class III – This Class refers to repair and maintenance operations of all identified ACMs.

4. Class IV – This Class refers to incidental contact with identified ACMs such as custodial staff.

California Health and Safety Code
The California Health and Safety Code 25915 (former Connelly Bill) requires all building owners in the State of California to provide written notification to employees, tenants, and contractors of the presence and location of ACCMs within their buildings. Some exclusion to the notification rule for restricted access areas is allowed. All documentation related to asbestos surveys (and air monitoring) must be made available to employees, tenants, or contractors for review. ACCMs are defined as any materials with an asbestos content greater than one-tenth of one percent (>0.1%). The California Health and Safety Code also require that a seller with any knowledge of ACMs on a property disclose such information or knowledge to other parties involved in a real estate transaction.

Building Demolition / Renovation
In accordance with the US EPA's NESHAPs regulation and the SCAQMD, all structures planned for renovation or demolition must be surveyed for ACMs prior to the planned renovation or demolition.

Subsequent removal of identified ACMs is also required. Removal involves, to the greatest extent practical, the complete removal, disposal, and replacement, if necessary, of the ACMs. Removal usually also requires encapsulation of the remaining structure to lock down residual fibers which may exist. Removal of ACMs is required prior to renovation and/or demolition activities. The US EPA and SCAQMD require removal of all RACMs prior to demolition or renovation. RACMs include friable and non-friable (Category I and II) which have or will become friable by demolition or renovation activities.

APPLICABLE REGULATIONS – LEAD
California Title 8. Industrial Relations, Division 1, Department of Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders, Article 4, Dusts, Fumes, Mists, Vapors, and Gases, §1532.1, Lead.

This section applies to all construction work where an employee may be occupationally exposed to lead. All construction work excluded from coverage in the general industry standard for lead by

Ellis page 5
section 5198(a)(2) is covered by this standard. Construction work is defined as work for construction, alteration and/or repair, including painting and decorating. It includes but is not limited to the following [applicable portions in bold text]:
(1) Demolition or salvage of structures where lead or materials containing lead are present; (2) Removal or encapsulation of materials containing lead; (3) New construction, alteration, repair, or renovation of structures, substrates, or portions thereof, that contain lead, or materials containing lead;
(4) Installation of products containing lead;
(5) Lead contamination/emergency cleanup;
(6) Transportation, disposal, storage, or containment of lead or materials containing lead on the site or location at which construction activities are performed, and (7) Maintenance operations associated with the construction activities described in this subsection.

California Health & Safety Code 17961 et al.

Deems a building to be in violation of state law if it contains lead hazards, and requires local enforcement agencies to enforce provisions related to lead hazards. Makes it a crime for a person to engage in specified acts related to lead hazard evaluation, abatement, and lead-related construction courses unless certified or accredited by the Department. Permits local enforcement agencies to order the abatement of lead hazards or issue a cease and desist order in response to lead hazards.

California Labor Code 6716 to 6717 Lead-Related Activities in Construction Work Provides for the establishment of standards that protect the health and safety of employees who engage in lead-related construction work, including construction, demolition, renovation and repair.

California Code of Regulations, Title 17, Section 35001 Includes requirements for lead hazard evaluation and abatement activities, accreditation of training providers, and certification of individuals engaged in lead-based paint activities.

METHODOLOGY
Bulk Sampling of Suspect Asbestos-Containing Materials
A sampling plan was first prepared, listing each material to be sampled, sample location, and material condition. Accessible building materials were visually inspected using the methods presented in the Federal Asbestos Hazard EmergencyResponse Act (AHERA) regulations (40 CFR, Part 763) as a guideline. AHERA was originally only applicable to schools; however, state and federal Occupational Safety and Health Administration (OSHA) and Asbestos School Hazard Abatement and Reauthorization Act (ASHARA) have adopted the AHERA sampling methodology for all buildings subject to demolition or renovation.

Bulk samples of all suspect ACM homogeneous materials were collected. A homogeneous material is defined as a surfacing material, thermal system insulation, or miscellaneous material that is uniform in color, texture and age of construction. Examples of homogeneous materials include:

Ellis page 6
• Pipe-insulation produced by the same manufacturer and installed during the same time period; • Resilient flooring of identical color and pattern;
• Troweled on surfacing materials located in contiguous areas.

The structure was visually inspected for the presence of suspect materials. As materials were identified, bulk samples were obtained with the aid of a coring device or other hand tool and placed into individual sampling bags. Each sample was given a discrete identification number and recorded on field notes as well as chain-of-custody forms. Bulk samples were transported to and analyzed at AmeriSci Laboratories in Carson California. Analysis method used: 40 CFR Part 763, Subpart F, Appendix A. (AHERA Final Rule). Results expressed in percent of measured area.

Cal-OSHA defines asbestos-containing construction materials (ACCM) as those materials having asbestos content of greater than one tenth of one percent (>0.1%). When None Detected (ND) appears in this report, it should be interpreted as meaning no asbestos was observed in the sample material above the reliable limit of detection for the PLM method employed.

Note: under EPA assessment criteria, if a single sample of a homogeneous material tests positive for asbestos, all homogeneous materials within that building are considered to be asbestos-containing.

Bulk Sampling of Suspect Lead Containing Materials
An XRF lead paint analyzer was first used to identify those surfaces with significant lead content. It is often unnecessary to collect physical samples of surfaces in which lead was identified by XRF, thus potentially reducing field time and laboratory costs.

For negative or inconclusive XRF shots, samples were collected using a hand scraper, small chisel or other tool. Each sample was placed into an individual plastic sample container with a unique identification number. Paint samples were hand delivered to AmeriSci Laboratories in Carson California for initial analysis using EPA Method SW846-3050B-7000B, then later by EPA Method 6010 in combination with WET (TTLC) and TCLP methods to assist in initial waste profiling efforts. (When “<” appearsin the lead analysis report, it should be interpreted as meaning below the analytical detection limit.) All samples were collected under the direct supervision of Duane Behrens, an EPA-accredited building inspector and a lead inspector/assessor employed by Ellis.

INACCESSIBLE AREAS
Not all walls, ceilings or floors were demolished to gain complete visual access. There is a chance that suspect materials (pipe insulation in walls, asbestos-cement vent pipes, underground drains, etc.) will be exposed during renovation activities. Suspect materials exposed but not identified in this report should be sampled prior to disturbance.

RESULTS
See Table 1. Also refer to the attached laboratory results. Results are summarized below.

Ellis page 7
Asbestos
Asbestos was identified or is assumed present in the following materials, Items 1 – 4 below.

Quantities shown are estimates and are not for bidding purposes. Field verify all quantities.

1. 12” flooring/mastic, kitchen – gray, beige, green. Non-friable. “Good” condition. 450 s.f. 12” flooring and mastic, kitchen

2. Felt paper under auditorium floor. Assumed positive. Inaccessible. 1800 s.f.

Concealed felt paper under auditorium floor – assumed positive.

Ellis page 8

3. [not shown] Roofing mastics. Good condition. Non-friable. 50 l.f. app.

4. Asbestos-cement pipes in attic. Non-friable. Good condition. No damage. 40 l.f.

Asbestos-cement pipes, attic.

No asbestos was detected in other materials sampled at this location, listed below:

Non-Asbestos Materials.
• Exterior rolled-on roofing felts
• Exterior window putty
• Exterior stucco
• Exterior concrete patching
• Interior wall and ceiling plaster
• Interior wallboard, storage
• 2’ x 4’ ceiling tiles
• Cove base and mastic

Ellis page 9
Asbestos Waste Stream Characterization: If removed by hand methods, flooring and roofing materials may be removed, transported and disposed of as non-friable asbestos-containing waste. If confirmed as asbestos, felt paper under the auditorium floor will be considered friable. Removal of any material containing asbestos in an amount greater than one percent is regulated under EPASCAQMD Rule 1403, 29 CFR 1926.1101 (federal OSHA) and other state and local guidelines.

Removal of any material containing asbestos in an amount greater than 0.1 percent is regulated under Cal-OSHA Title 8 Section 1529.

Lead-Containing Materials
The following lead-based or lead-containing materials were identified:

1. Red primer on structural steel. Inaccessible for sampling, assumed lead-based. The material appeared in good condition. Retain an abatement contractor to perform spot abatement prior to any welding or torch cutting.

Primer on structural steel – assumed lead-based.

Ellis page 10

2. Gray paint, kitchen walls and cabinets. Slight damage. Retain an abatement contractor to perform any wall demolition here AFTER stabilizing loose and flaking paint.

Gray paint on kitchen walls and cabinets– lead-based.

3. Green paint on ceilings, walls and baseboard, kitchen and storage Room 2. Retain an abatement contractor to perform any required demolition. Profile generated waste prior to disposal.

Green paint, ceilings, walls and baseboard. Lead-based.

Ellis page 11

4. Yellow ceiling paint, kitchen (above suspended ceiling). No apparent damage. Retain an abatement contractor to perform any required demolition. Profile waste for lead prior to disposal.

Yellow paint above north kitchen sub-ceiling. Lead-based.

5. Yellow ceramic tile, men’s room storage. Retain an abatement contractor to perform any required demolition. Profile generated waste prior to disposal.

Lead-based ceramic tile, men’s restroom storage (former shower).

6. (not shown) Original door casings, old storage areas. Retain an abatement contractor to perform any required demolition. Profile generated waste prior to disposal.

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Any damaged (peeling and flaking) paint should be stabilized by a licensed abatement contractor prior to disturbance or demolition. Remove stabilized components in whole sections and profile representative generated waste prior to transport or disposal. No other precautions are required unless one or more of the attached “Lead Trigger Tasks” are employed.

SUMMARY AND RECOMMENDATIONS
Asbestos
If they will be impacted by planned renovation, a licensed abatement contractor should be retained to first remove asbestos materials identified in this report.

Initiate any interior wall and ceiling demolition carefully. Look for concealed pipe insulation; sample for asbestos prior to disturbance.

Subsurface materials, such as asbestos-cement (AC, or “Transite”) may be present. A review of existing utility plans may reveal their presence, location and quantity. AC pipe, when exposed during grading activities, must be removed under an SCAQMD-approved work plan (“Procedure 5”).

Lead
Lead is assumed present on structural steel (red primer), various original paints (green, yellow and gray), original door frames, and in ceramic tile in the men’s storage room. During demolition, do not grind or torch cut without first performing spot abatement at cut points. Retain an abatement contractor to perform any “Trigger Tasks” as outlined in the attached. Profile generated waste prior to disposal.

Other
There is a 4” diameter hole in the roof, visible from within the attic. Water has already entered the building and has caused mold issues in the rear storage area (see related report 17-312). This should be repaired and sealed immediately, prior to initiating mold remediation efforts.

Health and Safety Plan (HaSP)
A health and safety plan, or HaSP, is a plan for a workplace that is designed in accordance with the legislative requirements covering the roles and responsibilities of the staff, an emergency action plan etc. A health and safety plan is designed to serve and protect the individuals affected by the organization in all matters of health, wellbeing and safety.

The HaSP is required for this project site. It must be specific to the job site and will include the unique, potential hazards associated with this site. A “site specific” health and safety plan mainly describes what kind of hazards are involved in the project, how they can be overcome and what sort of equipment will be used to overcome the problem. Health and safety plans will differ from job to job, but the underlying theme of every plan is that it should not only take care of the health and safety of the employees, but also ensure safety for visitors of the premises and the passersby1 .
1 SOURCE: www.safeopedia.com

Ellis page 13

STATEMENT OF INDEPENDENCE
Ellis is a privately-held company and is not affiliated with any financial institution or other corporate entity. Ellis is retained as an independent contractor to provide objective, impartial investigation or analytical services regarding environmentally regulated hazardous or toxic materials. This report is not an endorsement or rejection of any specific methods used in handling or transport of potentially hazardous chemicals. Nor is intended as a complete hazardous materials survey of the entire building or facility. Ellis provides independent testing for asbestos, lead, indoor air contaminants and other potentially hazardous materials. The company and its employees are certified and licensed to practice in the State of California. Retained laboratories are accredited by the EPA, AREAL, NIOSH, AIHA, and CARB.

SIGNATORY
Respectfully,
ELLIS ENVIRONMENTAL MANAGEMENT, INC.

Duane E. Behrens, President
CAL/OSHA CAC Cert. #92-0226
CDPH Lead Inspector/Assessor #7914 proj # 17-312

REF. MATERIAL

MATERIAL
LOCATION FRIABLE DAMAGE % ASB QTY* UNIT
81707A
12" grey & green floor tile
& mastic kitchen no none 2-7% 450 s.f.
- felt paper underneath
wood flooring auditorium yes none assumed 1,800 s.f.

Patriot Env.

In 2015 transite pipes attic no none 5-15% 40 l.f.

Patriot Env.

In 2015
roof penetration mastics
and sealants
lower and main roof
penetrations no none 6% 250 s.f.
81701A exterior stucco exterior ND
81702A exterior concrete patch exterior - ND
81703A
brown cove base &
mastic kitchen - ND
81704A,
81709A,
81711A wall & ceiling plaster throughout ND
81705A
12" light brown floor tile &
mastic kitchen ND
81706A 2x4' ceiling tile kitchen ND
81708A grey cove base & mastic storage 1 ND
81710A
wall board & joint
compound storage 1 ND
Envirocheck
2008 concrete patch exterior front wall ND
Envirocheck
2008 window putty exterior kitchen ND
Envirocheck
2008 rolled roofing material exterior rear storage ND
Envirocheck
2008 plaster kitchen ND
Envirocheck
2008 yellow adhesive storage 1 wall ND
Patriot 2015 grey covebase storage 1 ND
Patriot 2015
wallboard, plaster & joint
compound throughout ND
Patriot 2015 roof core main & lower roof ND

IDENTIFIED ASBESTOS MATERIALS

NON-ASBESTOS MATERIALS
Ellis
Table 1
Bulk Sampling Results Summary
Clark Building
861 Valley Drive
Hermosa Beach, CA 90254
sheet 1 of 2
Proj. #17-312

REF. MATERIAL

MATERIAL
LOCATION FRIABLE DAMAGE % ASB QTY* UNIT
81703L green door paint womens restroom 0.22
81706L grey wall paint kitchen 0.16
81707L
green paint on plaster
baseboard auditorium 0.081
81708L yellow ceiling paint kitchen 0.37
81709L grey cabinet paint kitchen 0.34
81712L green wall paint storage 2 0.13
81713L beige paint on closet mens restroom 0.29
81704L
white wall paint on
plaster auditorium 0.041
81701L green door frame paint auditorium <0.01
81702L green door frame paint auditorium <0.01
81705L white door frame paint auditorium <0.01
81710L grey wall paint womens restroom <0.01
81711L grey wall paint mens restroom <0.01
81714L green wall paint exterior stucco <0.01
81715L white paint exterior columns <0.01

IDENTIFIED LEAD-BASED PAINT

IDENTIFIED LEAD-CONTAINING PAINT

IDENTIFIED NON-LEAD-CONTAINING PAINT
Ellis
Table 1
Bulk Sampling Results Summary
Clark Building
861 Valley Drive
Hermosa Beach, CA 90254
sheet 2 of 2
Proj. #17-312

Project Number: 17-312 sample date: 8/17/2017
Area Component
Location
(A, B, C, D) Substrate
Condition
(I or D) Color
Pb
(mg/cm2)
Results (N,
P, I)
auditorium wall a c i w 0.1
auditorium column a c i grn 0.1
auditorium baseboard a p i grn 0.2
auditorium door trim a w i w 0.1
auditorium door a w i w 0.1
auditorium wall b p i w 0.2
auditorium door frame b w i grn 0.4
auditorium door b w i grn 0.2
auditorium baseboard b p i grn 0.3
auditorium wall c c i w 0.1
auditorium column c c i grn 0.1
auditorium wall d c i grn 0.2
auditorium column d c i grn 0.1
auditorium baseboard d p i grn 0.3
auditorium door frame d w i w 0.1
auditorium door casing d w i w 0.1
kitchen wall a d i w -0.1
kitchen door casing a w i w -0.1
kitchen door frame a w i w 0.1
kitchen door a w i w 0.1
kitchen cabinets b w i grey 0.2
kitchen wall b p i w 0.2
NOTES: Substrate: C=concrete, CB=concrete block, CE=ceramic tile, CT=ceiling tile, D=drywall, M=metal, P=plaster, S=stucco, W=wood; Condition:

I=Intact, D=Damaged; Results: N=negative, P=positive, I=inconclusive The L.A. County DHS action level for
lead-based paint is 0.7 mg/cm2
Negative readings are below LOD for XRF
Table 2
XRF Report Form
861 Valley Drive Hermosa Beach, CA 90254 Ellis

Project Number: 17-312 sample date: 8/17/2017
Area Component
Location
(A, B, C, D) Substrate
Condition
(I or D) Color
Pb
(mg/cm2)
Results (N,
P, I)
NOTES: Substrate: C=concrete, CB=concrete block, CE=ceramic tile, CT=ceiling tile, D=drywall, M=metal, P=plaster, S=stucco, W=wood; Condition:

I=Intact, D=Damaged; Results: N=negative, P=positive, I=inconclusive kitchen wall c p i grey 0.6 p
kitchen ceiling - p i yellow 0.1
kitchen ceiling - p i grey 0.2
womens restroom floor - c d grey 0.2
womens restroom wall b p i w 0.3
womens restroom door c w i w 0.2
attic access wall b p i w 0
attic access floor - c d grey 0.1
attic access ladder b w d grey 0.1
mens restroom ceramic tile wall/janitors closet a,d,b ce i yellow 17.5 p mens restroom wall b c d grn 0.1
mens restroom window frame/casing b w b grn 0
mens restroom urinal c ce i w 0.4
mens restroom baseboard c w i grey 0
storage 1 wall b c i grey 0.2
storage 2 window frame b w i w 0.1
storage 3 wall c d i grey 0.2
mens restroom door c w d grey 0.2
storage 2 door frame d w d bge 1.8 p
storage 3 wall c d i w 0.1
storage 4 ceiling - p i grn 0.2
storage 5 door d w i grey 0
exterior wall a c i lt. grn 0.1
The L.A. County DHS action level for
lead-based paint is 0.7 mg/cm2
Negative readings are below LOD for XRF
Table 2
XRF Report Form
861 Valley Drive Hermosa Beach, CA 90254 Ellis

Project Number: 17-312 sample date: 8/17/2017
Area Component
Location
(A, B, C, D) Substrate
Condition
(I or D) Color
Pb
(mg/cm2)
Results (N,
P, I)
NOTES: Substrate: C=concrete, CB=concrete block, CE=ceramic tile, CT=ceiling tile, D=drywall, M=metal, P=plaster, S=stucco, W=wood; Condition:

I=Intact, D=Damaged; Results: N=negative, P=positive, I=inconclusive exterior door a w i dk. Grn 0.1
exterior column a c i w 0.2
exterior kitchen door a w i w 0
exterior wall d c i lt. grn 0.1
exterior hand rail d m i blk 0.2
exterior gutter d m i grn 0.1
The L.A. County DHS action level for
lead-based paint is 0.7 mg/cm2
Negative readings are below LOD for XRF
Table 2
XRF Report Form
861 Valley Drive Hermosa Beach, CA 90254 Ellis

Ellis
Appendix A
Material and Sample Locations

Ellis
Appendix B
Laboratory Results – Asbestos

Ellis
Appendix C
Laboratory Results - Lead

Ellis
Appendix D
Ellis / Lab Certifications

Ellis
Appendix E
Lead “Trigger Tasks”
CDPH Form 8552

Ellis Environmental Management, Inc.
430 Silver Spur Road, Suite 201
Rancho Palos Verdes, CA 90275
Tel: (310) 544 1837
Fax: (310) 544 2167
LEAD - “TRIGGER TASKS”
(SOURCE: California Title 8 Section 1532.1.)
Following testing, Construction Managers and Superintendents may use the following to decide whether (and for how long) an abatement contractor should be retained during disturbance of painted surfaces.

Paint Categories

1. Lead-Based. >.06% Lead by Weight. Start-to-finish, retain an abatement contractor to perform trigger tasks listed below.

2. Lead-Containing. 0.009 – 0.06% lead by weight. Retain an abatement contractor to perform only an initial “Negative Exposure Assessment” for the trigger tasks listed below. Low results- no further precautions required.

3. Non-Lead-Containing <.009% lead by weight. No special lead-related precautions required.

Lowest Exposure Trigger Tasks:

Unless proven otherwise (NEA), assume exposures greater than 50 and up to 500 µg/m3 where lead-based coatings or paint are present:
• manual demolition of structures
• manual scraping
• manual sanding
• heat gun applications
• power tool cleaning with dust collection system
• spray painting with lead
• any other task where employees may be exposed over the PEL.

Medium Exposure Trigger Tasks:

Unless proven otherwise (NEA), assume exposures greater than 500 and up to 2,500 µg/m3 where lead-based coatings or paint are present:
• use of lead-containing mortar
• lead burning
• rivet busting
• power tool cleaning without dust collection systems
• cleanup of dry expendable abrasives
• abrasive blasting enclosure movement and removal
Highest Exposure Trigger Tasks:

Assume exposures greater than 2,500 µg/m3 unless proven otherwise where lead-based coatings or paint are present:
• abrasive blasting
• welding
• cutting
• torch burning
www.ellisenvironmental.com
Environmental Testing ▫ Contract Administration ▫ Site Assessments and Closure Page 1518 of 2548

LEAD HAZARD EVALUATION REPORT
State of California—Health and Human Services Agency California Department of Public Health Section 1 — Date of Lead Hazard Evaluation _____________________ Section 3 — Structure Where Lead Hazard Evaluation Was Conducted Lead Inspection Risk assessment Clearance Inspection Other (specify) _____________________________ City County Zip Code
Construction date (year)
of structure
Type of structure
Multi-unit building School or daycare
Single family dwelling
Section 4 — Owner of Structure (if business/agency, list contact person) Address [number, street, apartment (if applicable)] City State Name Telephone number
Section 5 — Results of Lead Hazard Evaluation (check all that apply) No lead-based paint detected
No lead hazards detected
Intact lead-based paint detected
Lead-contaminated dust found
Section 6 — Individual Conducting Lead Hazard Evaluation Name
Name and CDPH certification number of any other individuals conducting sampling or testing (if applicable) CDPH certification number Signature Date
Section 7 — Attachments
A. A foundation diagram or sketch of the structure indicating the specifc locations of each lead hazard or presence of lead-based paint;
B. Each testing method, device, and sampling procedure used; C. All data collected, including quality control data, laboratory results, including laboratory name, address, and phone number.

First copy and attachments retained by inspector
Second copy and attachments retained by owner
Third copy only (no attachments) mailed or faxed to:

California Department of Public Health
Childhood Lead Poisoning Prevention Branch Reports
850 Marina Bay Parkway, Building P, Third Floor
Richmond, CA 94804-6403
Fax: (510) 620-5656
CDPH 8552 (6/07)
Zip Code
Address [number, street, apartment (if applicable)] City State Zip Code Telephone number
Section 2 — Type of Lead Hazard Evaluation (Check one box only) Address [number, street, apartment (if applicable)]
Other____________
No
Deteriorated lead-based paint detected
Lead-contaminated soil found Other____________________
Yes
Don’t Know
Children living in structure?
8/19/17 Proj #17-312 ✔ Pre-Renovation Sampling 861 Valley Drive - The Clark Building Hermosa Beach Los Angeles 90254 1936 ✔ auditorium ✔ City of Hermosa Beach 310 318 0235 1315 Valley Drive Hermosa Beach CA 90254 ✔ ✔ Duane Behrens 310 544 1837 430 Silver Spur Road Rancho Palos Verdes CA 90275 7914 8/25/17

Ellis Environmental Management, Inc.
430 Silver Spur Road, Suite 201
Rancho Palos Verdes, CA 90275
Tel: (310) 544 1837
Fax: (310) 544 2167
www.ellisenvironmental.com
Environmental Testing ▫ Contract Administration ▫ Site Assessments and Closure CLEARANCE – ASBESTOS & LEAD
Clark Building – Kitchen & Restroom
861 Valley Drive, Hermosa Beach, CA 90254
From October 23 to 25, 2017, Ellis conducted visual inspections, air monitoring and wipe sampling during and after: (a) flooring/mastic abatement in the kitchen, (b) removal of leadbased paint cabinets in the kitchen, (c) stabilization and encapsulation of lead-based paint in the kitchen, restrooms and storage rooms, and (d) removal of lead ceramic tile in the men’s restroom.

Abatement and cleaning efforts, which included wet wiping and HEPA vacuuming of potential asbestos and lead debris, were performed by New Horizons Contracting, License #943743. The work was monitored by Ellis Environmental Management, Inc., an independent environmental testing/consulting firm located in Rancho Palos Verdes, California. Samples were analyzed at AmeriSci, an AIHA and NVLAP accredited laboratory located in Carson, CA. Analysis methods are included on the first page of each results sheet (attached).

Upon completion, airborne fiber levels in the work area were measured at less than 0.01 fibers per cubic centimeter air (f/cc), the EPA "Clearance Level" for an abatement work area.1

This is consistent with normal outside air - less than one-tenth California OSHA’s “permissible exposure limit” of 0.1 f/cc2. Wipe sampling performed following the work indicated surface concentrations of less than the CDPH “hazard level” of 40 ug/ft2 in cleaned areas. All areas were cleared for re-occupancy by non-protected personnel on October 25th.

Signatory:

ELLIS ENVIRONMENTAL MANAGEMENT, INC.

Duane E. Behrens
President, Environmental Professional Project No.: 17-454 CAC #92-0226 Date: November 3, 2017
CDPH #7914 Client: City of Hermosa Beach
Ellis Environmental Management, Inc. is a privately held company and is not affiliated with any financial institution or other corporate entity. Ellis is retained as an independent contractor to provide objective, impartial investigatory or analytical service regarding environmentally regulated hazardous or toxic materials. Ellis provides independent testing for indoor air contaminants and other potentially hazardous materials. The company and its employees are certified and licensed to practice in the State of California. Employees providing asbestos-related building inspections maintain current certification requirements as issued by California OSHA and the California Department of Health Services. Retained laboratories are accredited by the EPA (AREAL), NIOSH, DOHS, AIHA, DOHS, NVLAP and CARB.

1 40 CFR Part 763 – AHERA. Originally developed for schools, .01 f/cc has become the most widely used and accepted criterion for clearance following an asbestos removal action. 2 See California Title 8 Section 1529, Asbestos.

Ellis Page
Pre-abatement (kitchen) Post-abatement (kitchen)
During cabinet removal and paint stabilization (kitchen) Pre-abatement (men’s restroom)

Item No. Description UOM QTY Unit Price Total Price
G5SQF1H000003340B00 GRAND I SQUARE FULL - OEM Each 200 $158.60 $31,720.00 Finish: Champagne
Back: Fixed
Seam Style: Box
Chair Upholstery:
‡Winslow - Belize, I-Clean
RT3072GRB0S00060000 RT 3072 GRB W29BLK GRYT Each 30 $230.66 $6,919.80 ABS RECTANGLE TABLE 30" X 72"
Top: Grey
Bottom: Black
Trim ABS Grey
Leg: Wishbone
Leg/Base Color: Black Sand
Height: 29in. Tall
MityLite Inc. P.O. BOX 732698, Dallas, TX, 75373-2698 US | PHONE 801-224-0589 ext 4200 FAX 801-224- 6191
THANK YOU FOR CHOOSING MITY!
* Mity, Inc. charges a 3% processing fee for all credit card payments.

Sales Tax $6,305.84
Quote Total $74,752.94
* NET Pricing Applied. * Quotes are valid for 90-days. * Delivery is Dock-to-Dock. * Sales Tax may be applicable.
* Customer is responsible for offloading order at delivery time unless otherwise prearranged.

Subtotal $68,447.10
*Freight Quotes are estimates. The Freight charge on your order, will reflect the current freight cost the day the order is placed.

THIS IS NOT AN INVOICE

QUOTE ACKNOWLEDGEMENT
To:

Ship
To:

Bill
Hoermosa Beach, CA 90254
1315 Valley Dr
Jonathan Pascual
City of Hermosa Beach
Hoermosa Beach, CA 90254
1315 Valley Dr
Jonathan Pascual
City of Hermosa Beach
Sell
To: City of Hermosa Beach
Jonathan Pascual
1315 Valley Dr
Ship Via Payment Terms Sales Person
United States United States United States
Hoermosa Beach, CA 90254
Mity Customer Number:

Sales Quote Number:

Page: 41 Of
ORIGIN, Freight Prepaid Payment Terms Pending John King 5/2/2024
SQ55790
C1497710
Created On:

CMAS #4-17-71-0111B
Signature: Date:

Item No. Description UOM QTY Unit Price Total Price
ABS ROUND TABLE 60" (5FT)
Top: Grey
Trim ABS Grey
Leg: Wishbone
Leg/Base Color: Black Sand
Height: 29in. Tall
CRT5WCHHTBLK2V2 COMFORT SEATING CART-5 WHEEL V2, BLACK;HOLDS 8, G2 OR 10 ENCORE, CLASSIC, E2, OR ACCESS CHAIRS
Each 2 $388.35 $776.70
Color: Black Sand
Holds 10 Classic, Encore, Elite, Essential II,
Eon, Regency, or Access Banquet Chairs or
Holds 8 Grand II Banquet Chairs
CRTXPTV30S SPACE SAVER TABLE CART 30" TABLE SINGLE ENTRY Each 4 $1,970.00 $7,880.00 Color: XpressPort Green/Black Sand
Holds 9 RT 30" Wide X 60/72/96" Long tables
WARNING: Cart loaded with 96" long tables
will NOT fit through a standard doorway
MityLite Inc. P.O. BOX 732698, Dallas, TX, 75373-2698 US | PHONE 801-224-0589 ext 4200 FAX 801-224- 6191
* Mity, Inc. charges a 3% processing fee for all credit card payments.

Sales Tax $6,305.84
Quote Total $74,752.94
* NET Pricing Applied. * Quotes are valid for 90-days. * Delivery is Dock-to-Dock. * Sales Tax may be applicable.
* Customer is responsible for offloading order at delivery time unless otherwise prearranged.

Subtotal $68,447.10
*Freight Quotes are estimates. The Freight charge on your order, will reflect the current freight cost the day the order is placed.

THIS IS NOT AN INVOICE

QUOTE ACKNOWLEDGEMENT
To:

Ship
To:

Bill
Hoermosa Beach, CA 90254
1315 Valley Dr
Jonathan Pascual
City of Hermosa Beach
Hoermosa Beach, CA 90254
1315 Valley Dr
Jonathan Pascual
City of Hermosa Beach
Sell
To: City of Hermosa Beach
Jonathan Pascual
1315 Valley Dr
Ship Via Payment Terms Sales Person
United States United States United States
Hoermosa Beach, CA 90254
Mity Customer Number:

Sales Quote Number:

Page: 42 Of
ORIGIN, Freight Prepaid Payment Terms Pending John King 5/2/2024
SQ55790
C1497710
Created On:

Signature: Date:

Item No. Description UOM QTY Unit Price Total Price
CRTXPRC31NF CART XPRESSPORT ROUND TABLE 31" NARROW FRAMENO

SEPARATOR PLATES
Each 4 $2,296.00 $9,184.00
Color: XpressPort Green/Black Sand
Holds Large Round tables
Table quantity dependent on
Separator Plate Set [Configured Separately]
SPS3108D XPRESSPORT ROUND CART 31" WIDE SEPARATOR PLATE SETDOUBLE SLOT - 8 CAPACITY
Each 4 $83.00 $332.00
Use with XpressPort Round Narrow Cart
Double Slot
Holds 8 ABS or Reveal tables,
3-1/2" Max folded table thickness
Freight Estimate - 53' truck #140375 1 $2,070.00 $2,070.00 MityLite Inc. P.O. BOX 732698, Dallas, TX, 75373-2698 US | PHONE 801-224-0589 ext 4200 FAX 801-224- 6191
THANK YOU FOR CHOOSING MITY!
* Mity, Inc. charges a 3% processing fee for all credit card payments.

Sales Tax $6,305.84
Quote Total $74,752.94
* NET Pricing Applied. * Quotes are valid for 90-days. * Delivery is Dock-to-Dock. * Sales Tax may be applicable.
* Customer is responsible for offloading order at delivery time unless otherwise prearranged.

Subtotal $68,447.10
*Freight Quotes are estimates. The Freight charge on your order, will reflect the current freight cost the day the order is placed.

THIS IS NOT AN INVOICE

QUOTE ACKNOWLEDGEMENT
To:

Ship
To:

Bill
Hoermosa Beach, CA 90254
1315 Valley Dr
Jonathan Pascual
City of Hermosa Beach
Hoermosa Beach, CA 90254
1315 Valley Dr
Jonathan Pascual
City of Hermosa Beach
Sell
To: City of Hermosa Beach
Jonathan Pascual
1315 Valley Dr
Ship Via Payment Terms Sales Person
United States United States United States
Hoermosa Beach, CA 90254
Mity Customer Number:

Sales Quote Number:

Page: 43 Of
ORIGIN, Freight Prepaid Payment Terms Pending John King 5/2/2024
SQ55790
C1497710
Created On:

Signature: Date:

MityLite Inc. P.O. BOX 732698, Dallas, TX, 75373-2698 US | PHONE 801-224-0589 ext 4200 FAX 801-224- 6191
* Mity, Inc. charges a 3% processing fee for all credit card payments. * NET Pricing Applied. * Quotes are valid for 90-days. * Delivery is Dock-to-Dock. * Sales Tax may be applicable.
* Customer is responsible for offloading order at delivery time unless otherwise prearranged. *Freight Quotes are estimates. The Freight charge on your order, will reflect the current freight cost the day the order is placed.

THIS IS NOT AN INVOICE

QUOTE ACKNOWLEDGEMENT
To:

Ship
To:

Bill
Hoermosa Beach, CA 90254
1315 Valley Dr
Jonathan Pascual
City of Hermosa Beach
Hoermosa Beach, CA 90254
1315 Valley Dr
Jonathan Pascual
City of Hermosa Beach
Sell
To: City of Hermosa Beach
Jonathan Pascual
1315 Valley Dr
Ship Via Payment Terms Sales Person
United States United States United States
Hoermosa Beach, CA 90254
Mity Customer Number:

Sales Quote Number:

Page: 44 Of
ORIGIN, Freight Prepaid Payment Terms Pending John King 5/2/2024
SQ55790
C1497710
Created On:

City of Hermosa Beach | Page 1 of 7
Meeting Date: July 9, 2024
Staff Report No. 24-PW-024
Honorable Mayor and Members of the Hermosa Beach City Council AWARD OF CONSTRUCTION CONTRACT FOR CIP 502 GREENBELT
PEDESTRIAN TRAIL, CIP 604 CITYWIDE AMERICANS WITH DISABILITES ACT (ADA) IMPROVEMENTS, AND CIP 194 ANNUAL STRIPING IMPROVEMENTS CEQA: The Project is exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Public Works Director Joe SanClemente)
Recommendation:

Staff recommends City Council:

1. Award a construction contract for CIP 502 Greenbelt Pedestrian Trail, CIP 604 Citywide Americans with Disabilities Act (ADA) Improvements, and CIP 194 Annual Striping Improvements to SDC Engineering, Inc. in the amount of $843,216.29 (Attachment 1);

2. Authorize the Director of Public Works to establish an approximately 20 percent contract contingency amount of $170,000 and to approve contract change orders up to the amount of the approved contract contingency;

3. Adopt the attached resolution entitled “A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 502 Greenbelt Pedestrian Trail, CIP 604 City Wide Americans with Disabilities Act (ADA) Improvements, and CIP 194 Annual Striping Improvements Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account” (Attachment 2);

4. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and

5. Authorize the Director of Public Works to file a Notice of Completion following final completion of the project.

Executive Summary:

Capital Improvement Program (CIP) Project CIP 502 Greenbelt Pedestrian Trail, CIP 604 Citywide Americans with Disabilities Act (ADA), and CIP 194 Annual Striping Improvements include replacement of the woodchip trail with a decomposed granite trail to create an accessible pedestrian trail from Pier Avenue to 8th Street, redesign of adjacent curb ramps to current standards, striping improvements to adjacent ADA parking along Valley Drive, replacement of fitness equipment, and safety enhancements to the existing pedestrian crossing in front of Clark Building to include rectangular rapid-flashing beacons. Staff received six bids for the construction of the project and recommends City

City of Hermosa Beach | Page 2 of 7
Council award a construction contract to the lowest responsible and responsive bidder, SDC Engineering, Inc.

Background:

As part of the City’s ongoing effort to increase accessibility, City Council held an Americans with Disability Act (ADA) study session on March 31, 2022. At the study session, staff presented the feasibility study for an accessible trail along the Greenbelt as part of CIP 544 Greenbelt Accessible Path Assessment Study. The feasibility study found that it is technically feasible for the City to make all, or a portion, of the Greenbelt accessible provided that slope requirements are met, and the pathway material is firm, stable, and slip resistant to meet current ADA standards. The existing wood chip pathway does not meet these requirements.

The feasibility study recommended using a decomposed granite (DG) material, which resembles fine gravel or coarse sand and can be obtained in different colors to best match the surroundings, in order to maintain the natural look of the Greenbelt. The study also provided conceptual options with various alignments. After completing a thorough review, City Council selected the option that would retain the pathway in its current location and replace the woodchips with DG to create an accessible pedestrian trail from Pier Avenue to 8th Street as a pilot.

To further improve and increase accessibility, the project scope was expanded to include the redesign of adjacent curb ramps to current standards, improvements to adjacent ADA parking along Valley Drive, and safety enhancements to the existing pedestrian crossing in front of Clark Building to include a rectangular rapid flashing beacon (RRFB).

The design and construction of the project is funded through CIP 502 Greenbelt Pedestrian Trail and was later combined with CIP 604 Citywide ADA Improvements and CIP 194 Annual Striping Improvements, which were created in the Fiscal Year 2022–2023 Budget and Capital Improvement Program. On November 3, 2022, SWA Group was awarded an agreement, following a competitive request for proposals (RFP) process, to design and prepare plans and specifications for the project.

Past Council Actions
Meeting Date Description
February 27, 2018 Council directed staff to continue to work with Access Hermosa Working Group, Public Works Commission, and
the City Attorney and return to the Council at a future meeting with recommendations to either (1) implement the proposed Greenbelt modifications consistent with current zoning requirements, or (2) provide the actions needed to place the issue of potential modifications to the Greenbelt as a ballot measure at a future election. Staff was further

City of Hermosa Beach | Page 3 of 7
Meeting Date Description
directed to include, in the agenda item presented to the Public Works Commission, a report from a landscape
architect with opinions on options within existing zoning requirements, making clear that the issue is to be brought back as time allows.

July 13, 2021 As part of the Fiscal Year 2021–22 Budget, City Council directed staff to return for a study session focused on the City’s Americans with Disabilities Act (ADA) program
including efforts to complete the incomplete 2015 Draft ADA Transition Plan.

March 2, 2022 Public Works Commission received and filed the draft ADA Self-Evaluation and Transition Plan and the draft Feasibility Study for an Accessible Trail along the Greenbelt and
recommended City Council approve the draft ADA SelfEvaluation and Transition with the incorporation of the Public Works Commission comments.

March 31, 2022 City Council approved the option of removing the existing wood chip path and installing a DG accessible pedestrian trail on the Greenbelt from Pier Ave to 8th St.

November 3, 2022 City Council awarded a design agreement to SWA Group to prepare the project plans and specifications.

Analysis:

On April 30, 2024, the City issued Notice Inviting Bids 24-002 inviting experienced and highly qualified construction firms to submit a bid for construction of the project through a competitive process. The notice was advertised in the Easy Reader, on the City’s website, the City’s online bidding platform, PlanetBids, and in relevant construction trade journals.

On May 23, 2024, the City received a total of six bids, which were opened and read aloud by the City Clerk. The bid results are provided in Attachment 3 and summarized below.

BIDDER BID AMOUNT
SDC Engineering, Inc. $843,216.29
Cook Development Group, Inc. $843,814.00
Gentry General Engineering, Inc. $961,710.75
Los Angeles Engineering, Inc. $997,700.00
Best Contracting Services, Inc. $1,112,519.50
HZS Engineering, Inc. $1,237,500.00
Staff reviewed the bid documents for the three apparent lowest bidders (Attachment 4) and found that both SDC Engineering, Inc. (SDC Engineering) and Cook Development

City of Hermosa Beach | Page 4 of 7
Group, Inc. (Cook Development) did not include a fully-executed Non-Collusion Declaration, with their bids. Staff consulted with the City Attorney and the City Attorney directed staff to request the form from both SDC Engineering and Cook Development and inform the other bidders of their omission. The City followed these directions on May 29, 2024 and received the fully-executed Non-Collusion Declarations from SDC Engineering and Cook Development on May 29, 2024 and May 30, 2024, respectively (Attachment 5).

On May 29, 2024, the City received a formal bid protest from the third apparent low bidder, Gentry General Engineering, Inc. (Gentry) (Attachment 6). The bid protest was filed on the basis that in the City’s Instruction to Bidders, the bid documents required the Bidders to sign and submit a fully-executed Non-Collusion Declaration as part of their bid. The bid protest argued that since neither SDC Engineering nor Cook Development included a signed Non-Collusion Declaration in their bids, their bids should be rejected and that Gentry should be declared the lowest responsive and responsible bidder.

In accordance with the Protest Procedures outlined in Section III of the Instruction to Bidders in the Project Contract Documents, the bid protest was sent to all parties that may be affected by the outcome of the protest. A deadline of Thursday, June 6, 2024, at 5:00 pm was established for submitting a response to the bid protest. On June 4, 2024, SDC Engineering submitted their response to the bid protest to the City. Cook Development did not respond to the bid protest.

On June 12, 2024, the City released to all bidders its bid protest determination rejecting the protest (Attachment 7). The City found that compliance with applicable law is an implied term of every contract. A Non-Collusion Declaration merely certifies that the bidder did not submit an illegal, collusive bid. A bidder that fails to complete the declaration nonetheless represents that it did not submit an illegal, collusive bid. Because a bidder cannot withdraw its bid on the basis of such missing form, the irregularity is a defect that can be waived and staff determined SDC Engineering to be the lowest responsible and responsive bidder.

Staff confirmed SDC Engineering’s contractor license is active and in good standing with the Contractor’s State License Board. Staff contacted SDC’s references and confirmed competency through completion of recent projects of similar type of work within the past five years. Overall, staff finds SDC Engineering to be a qualified contractor to complete the proposed work for the project and recommends City Council award the construction contract to SDC Engineering (Attachment 1). SDC Engineering’s bid is approximately six percent lower than the engineer’s estimate.

Staff would provide construction management and inspection services to oversee the work during construction. Staff anticipates construction to start as soon as August 2024, with an anticipated completion by end of 2024.

City of Hermosa Beach | Page 5 of 7
ADA Self-Evaluation and Transition Plan Consistency
The project is consistent with the goals of the adopted 2022 Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan as it advances the construction of improvements that remove physical barriers and facilitate access for all individuals.

Environmental Analysis
The Project is exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use. No exceptions to the CEQA exemption apply.

General Plan Consistency:

PLAN Hermosa, the City’s General Plan, was adopted by the City Council in August 2017.

These projects support several PLAN Hermosa goals and policies that are listed below.

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

Policies:
 3.1 Enhance public right-of-way. Where right-of-way clearance allows, enhance public right-of-way to improve connectivity for pedestrians, bicyclists, disabled persons, and public transit stops.
 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 Require ADA standards. Require that all public rights-of-way be designed per Americans with Disabilities Act (ADA) standards by incorporating crosswalks, curb ramps, pedestrian signals, and other components to provide ease of access for disabled persons.

Parks + Open Space Element
Goal 1. First class, well maintained, and safe recreational facilities, parks, and open spaces.

Policies:
 1.4 Low-maintenance design. Promote environmentally sustainable and low maintenance design principles in the renovation, addition, or maintenance of parks and recreation facilities.

City of Hermosa Beach | Page 6 of 7
 1.5 Evaluate community needs. Conduct a periodic review of community park needs and interests to inform maintenance and investment priorities.

Goal 4. Direct and accessible routes and connections to parks, recreational facilities, and open space are provided.

Policy:
 4.4 ADA accessible park access. Install ADA and universally accessible amenities and equipment so that all parks, beach, and trail networks are accessible to all persons.

Fiscal Impact:

CIP 502 Greenbelt Pedestrian Trail, CIP 604 Citywide Americans with Disabilities Act (ADA) Improvements, and CIP 194 Annual Striping Improvements are budgeted in the FY 2024–25 Adopted Budget, Capital Improvement Fund. The lowest responsible and responsive bidder, SDC Engineering, submitted their bid at $843,216.29, which is approximately six percent lower than the engineer’s estimate. Staff recommends establishing an approximately 20 percent contract contingency of $170,000 to cover any unforeseen conditions or additional work required during construction, for a total construction contract budget not to exceed $1,013,216.29. Sufficient funds are available to cover construction costs for the project.

Agreement Request
Request Amount FY 2024-25 Budget
Dept. Account # Total Contract Amount
$1,013,216.29 147-8194-4201
122-8502-4201
301-8502-4201
301-8604-4201
$1,013,216.29
Attachments:

1. Draft Construction Agreement

2. Draft Resolution

3. Bid Opening Log

4. Bid Documents for the three apparent lowest bidders

5. SDC Engineering’s and Cook Development’s signed Non-Collusion Declarations

6. Gentry’s Bid Protest

7. The City’s Bid Protest Determination Letter

8. Project Plans and Specifications
Respectfully Submitted by: Andrew Nguyen, Associate Engineer Concur: Brandon Araujo, Senior Engineer

City of Hermosa Beach | Page 7 of 7
Concur: Lucho Rodriguez, City Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager

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 SDC Engineering Inc. (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. 502 GREENBELT PEDESTRIAN TRAIL, CIP NO. 604 604 CITY WIDE ADA IMPROVEMENTS, & 194 ANNUAL STRIPING IMPROVEMENTS (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On July 9, 2024, 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 NOo. 502 GREENBELT PEDESTRIAN TRAIL, CIP NO. 604 604 CITY WIDE ADA IMPROVEMENTS, & CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS 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. 502 GREENBELT PEDESTRIAN TRAIL, CIP NO. 604 604 CITY WIDE ADA IMPROVEMENTS, & CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated [INSERT DATE],April 2024 (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 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 $843,216.29 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 50 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 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.

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 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 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, 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 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.
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.
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 claims-made 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 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. COMPLIANCE WITH CARB REGULATIONS:
a. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). b. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
c. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

19. 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.

20. 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.

21. 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.

22. 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 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: ________________________ Project Manager
CONTRACTOR:
__________________________________________
__________________________________________
Attention: __________________________________

28. 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.

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.

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 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 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 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.

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

CITY OF HERMOSA
BEACH RESOLUTION NO.

XXXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE CONSTRUCTION OF CIP 502 GREENBELT PEDESTRIAN TRAIL, CIP 604 CITY WIDE ADA IMPROVEMENTS, AND CIP 194 ANNUAL

STRIPING IMPROVEMENTS PURSUANT TO GOVERNMENT CODE
SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT WHEREAS, SWA Group, a design firm with the City of Hermosa Beach through a Professional Services Agreement dated November 3, 2022, designed and prepared the plans to construct CIP 502 GREENBELT PEDESTRIAN TRAIL, CIP 604 CITY WIDE AMERICANS WITH DISABILITES ACT (ADA) IMPROVEMENTS, AND CIP 194 ANNUAL STRIPING IMPROVEMENTS (“Project”); and
WHEREAS, The City solicited competitive bids for the Project; and WHEREAS, Bids were received and opened publicly on May 23, 2024 and SDC Engineering, Inc. was chosen as the lowest responsible bidder; WHEREAS, the City Council, concurrent with the adoption of this Resolution, awarded the construction contract to the lowest responsible bidder, SCD Engineering Inc. for the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the plans and construction of the Project. The City Engineer finds that the plans are complete and the Project may be constructed.

SECTION 2. Design Immunity; Authorization
A. The design, plans and vendor proposal for the Project are determined to be consistent with the City’s standards and are approved;

B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced;

C. The approval granted by this Resolution conforms with the City’s General Plan;
D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and
E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6.

SECTION 3. For purposes of the Contract Documents administering the Project, the City establishes an account containing sufficient monies from the current and following fiscal year budget to pay for the project. This Account is the sole sources of funds available for the Construction Sum as defined in the Contract Document administering the Project.

SECTION 4. The City Clerk is directed to certify the adoption of this Resolution.

SECTION 5. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED on this 9th day of July, 2024 Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:

Myra Maravilla Patrick Donegan
City Clerk City Attorney

18 IV. BID DOCUMENTS
A. PROPOSAL
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING 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. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, 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 they are registered with the Department of Industrial Relations.

All work shall be completed within 50 working days from the date the Notice to Proceed is issued by the Engineer.

Contractor Signature PWCR Registration Number
SDC Engineering Inc. 5/17/2024 1000060111

ADDENDUM NO. 1 – ATTACHMENT 1
B. BID SCHEDULE
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
Item
No.

Estimated
Quantity
Unit Description of Work Payment
Reference
Unit
Price Total
1 1 LS
Mobilization and Demobilization
(5% max. of total bid schedule
cost)
7-3.4
- $
2 32 LF Remove Existing Curb 7-6.4 $
3 15 LF Remove Existing Curb and
Gutter
7-6.4 $
4 680 SF Remove Existing PCC Sidewalk
and Curb Ramp
7-6.4 $
5 125 SF Remove Existing Pavement
Striping
7-6.4 $
6 1,502 SF Remove Existing AC Pavement 7-6.4 $
7 17,553 CF Remove Existing Wood Chip
Trail
7-6.4 $
8 14,485 SF Clearing and Grubbing 7-6.5 $
9 1 LS
Remove Existing Fitness
Equipment and Associated
Footings
7-6.4
- $
10 6 EA Remove Existing Tree
(Including Stump and Roots)
7-6.6 $
11 1 EA Remove Existing Stump and
Roots
7-6.6 $
12 56 LF Construct 6” Curb 7-6.7 $
13 24 LF Construct 6” PCC Curb and 24”
PCC Gutter
7-6.8 $
14 550 SF Construct 4” PCC Sidewalk 7-6.9 $
15 169 SF Construct 4” PCC Curb Ramp 7-6.10 $
16 87 SF Furnish and Install Detectable
Warning Surface
7-6.11 $
$100.00 3,200.00
$200.00 3,000.00 $4.00 2,720.00 $25.00 3,125.00
$4.25 6,383.50 $6.17 108,302.01 $1.85 26,797.25
8,500.00 $2,500.00 15,000.00 $1,760.00 1,760.00 $100.00 5,600.00 $200.00 4,800.00 $22.00 12,100.00 $28.50 4,816.50 $65.00 5,655.00 37,539.70