Hermosa Beach City Council
July 9, 2024

7 II. NOTICE TO BIDDERS
Prospective Bidder: To be considered as a responsive Bidder you must register on Planet Bids portal through the city’s website at https://www.hermosabeach.gov/ourgovernment/city-clerk/bids-and-proposals.

Mandatory Pre-bid Meeting: There will be a mandatory pre-bid meeting at 2:00PM on Wednesday, May 8, 2024, at Clark Building at 861 Valley Drive, Hermosa Beach, CA 90254. The City will respond to questions from prospective Bidders at that time.

Attendance at this meeting is required in order to submit a bid.

Bid Documents: Bid Documents, including but not limited to specifications and proposal forms, will be available for download on Planet Bids Portal, accessible through the webpage at:
https://pbsystem.planetbids.com/portal/51313/bo/bo-search.

To the extent required by Section 20103.7 of the Public Contract Code, upon request from a Contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the Contractor plan room.

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

Questions: All questions regarding this bid shall be submitted through Planet Bids no later than 12:00PM on Tuesday, May 14, 2024. Proposers shall not contact City personnel or Elected Officials with any questions or clarifications concerning this Invitation for Bids other than through Planet Bids. Any City response for this Bid that is not posted through Planet Bids is unauthorized and will be considered invalid.

Submittal of Bids: Electronic bids shall be submitted through Planet Bids until 2:00PM on Wednesday, May 29, 2024 at which time they will be publicly opened and read in the City Council Chambers at 1315 Valley Drive, Hermosa Beach, CA. All bids shall be valid for a period of 90 calendar days after the bid opening date.

Bidder’s Guarantee: Each bid must be accompanied by cash or a certified check or a cashier's check or Bidder's bond made payable to the City of Hermosa Beach for an amount equal to at least ten percent (10%) of the bid price. In accordance with Public Contract Code Section 20170, the Bidder’s Bond shall be issued by a surety company admitted to do business in the State of California. Further, in accordance with Public Contract Code Section 20172, such guarantee shall be forfeited should the Bidder to whom the Contract is awarded fail to enter into the Contract within the specified time.

Payment, Performance Bonds: The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond, each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein and shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

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

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

Prevailing Wages: Pursuant to Labor Code Section 1773, the Contractor shall pay the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Los Angeles County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this Contract.

A copy of these prevailing wage rates may be obtained by visiting:
https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory for the Bidder to whom the Contract is awarded, and for any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor, and debarment of Contractors and subcontractors.

Contractor’s Registration with the Department of Industrial Relations (DIR): The Bidder’s attention is directed to Labor Code Section 1725.5, which provides that a Contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any Contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. No Bid will be accepted, nor any Contract entered into without proof of the Contractor’s and subcontractors’ current registration with the DIR to perform public work.

If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project.

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

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

9 III. INSTRUCTION TO BIDDERS
Form of Proposal: The proposal shall be fully executed and submitted on the forms provided by the City. Proposal forms can be obtained from Planet Bids.

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

Proposal: Documents which shall be signed and returned to the City with the Bid Proposal are:

A. Proposal
B. Bid Schedule
C. Bid Bond
D. Bidder’s Assurance
E. Bidder’s Declaration
F. Certificate of Non-Discrimination by Contractors
G. Certification of Principal
H. Declaration of Eligibility to Contract
I. Non-Collusion Declaration
J. References for Work
K. SubContractor List
L. Iran Contracting Act Certification
M. Public Works Contractor Registration Certification
N. Addenda (if applicable)
Contract: Documents which shall be signed and returned to the City by the successful Bidder within 10 days of notification of intent to award Contract:

A. Contract Agreement
B. Agreement of Indemnification and Hold Harmless and Waiver of Subrogation and Contribution
C. Equals
D. Faithful Performance Bond
E. Payment Bond (Labor and Materials)
F. Guarantee to the City of Hermosa Beach
G. General Comprehensive Liability Additional Insured Endorsement H. Automobile Liability Additional Insured Endorsement
I. Instructions for Completing, Executing, and Submitting Evidence of Insurance to the Owner
J. Worker’s Compensation Insurance Certificate
K. Supplemental Information to be Completed by Principal L. W-9 Form
M. Copy of City Business License
Delivery of Proposal: Each Bid prepared by Bidder shall be completed in itself and shall be submitted electronically through Planet Bids.

Prevailing Wage: In accordance with the provisions of Section 1770 et seq., of the Labor Code, the Director of the Department of Industrial Relations of the State of California has

10 ascertained the general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work. A copy of the determination is on file in the office of the City Clerk and is hereby incorporated herein and made a part hereof as though fully set forth herein.

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

Overtime: As per Labor Code Section 1810 et seq., eight (8) hours is the legal working day. The Contractor shall pay overtime for each worker who works in excess of the legal working day.

Payment: Refer to the Contract Agreement for payment information. Contractor shall submit progress payment requests on City approved form.

Required Bonds: Prior to the execution of the Contract, the successful Bidder shall file with the City surety bonds in the amounts and for the purposes noted below. The surety insurer shall be a California admitted surety insurer, as defined in Code of Civil Procedure section 995.120. Contractor shall pay all premiums and costs thereof and incidental thereto.

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

The successful Bidder shall give three (3) surety bonds with good and sufficient sureties:
"Payment Bond – Labor and Materials" shall be so conditioned as to insure to the benefit of persons furnishing materials for or performing labor upon the work. Bond to be in the sum of not less than 100% of the Contract price to assure the claims of materialmen supplying materials to Contractor, and for payment to laborers and subcontractors employed on the project.
“Faithful Performance Bond" in the sum of not less than 100% of the Contract price to assure the faithful performance of the Contract; shall be conditioned as to assure the faithful performance by the Contractor of all work under said Contract, in a manner that is satisfactory and acceptable to the City; that all materials and workmanship supplied by him will be free from original or developed defects; and that should original or developed defects or failures appear, the Contractor shall, at his own expense, make good such defects and failures and make all replacements and adjustments required, within a reasonable time after being notified by the City to do so, and to the satisfaction of the City.

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

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

11 Withdrawal of Proposals: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the City Engineer. The request shall be executed by the Bidder or their duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Bids are opened exactly at the time fixed in the public notice for opening bids. A bid will not be received after that time, nor may any bid be withdrawn after that time. No Bidder may withdraw his bid within ninety (90) days after the actual date of the opening thereof.

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

City Business License and Permits: The successful Bidder shall obtain a valid City of Hermosa Beach Business License prior to commencing work under this Contract.

The successful Bidder will be required to obtain City Right of Way Permit to work in public right-of-way, issued at no fee for the project.

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

Approximate Estimate: The quantities in the Bid Schedule are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond therewith. The Contractor shall verify in the field the accuracy of the estimated quantities.

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

Where the City may have made investigations of subsurface conditions in areas where work is to be performed under the Contract, such investigations are made only for the purpose of study and design. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the City as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the City Engineer.

The records of such investigations are not a part of the Contract and are shown solely for the convenience of the Bidder or Contractor. It is expressly understood and agreed that the City assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof and there is no warranty or guaranty, either expressed or implied, that the conditions indicated by such investigations or records thereof are representative of those existing throughout such areas, or any part thereof, or that unlooked

12 for developments may not occur, or that materials other than, or in proportions different than these indicated, may not be encountered.

Bidders shall satisfy themselves by personal examination of the locations of the proposed work, and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Proposal forms.

Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or his assistants (or the Architects or their assistants), shall not relieve the Bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the City.

If a prospective Bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, they may submit to the Engineer a written request for an interpretation or a correction thereof via Planet Bids. Interpretations or corrections of the Contract Documents including the Specifications and Drawings, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be uploaded on Planet Bids and such addendum shall be considered a part of and incorporated in the Contract Documents.

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

Disqualification of Bidders: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the Bidders, any or all proposals may be rejected.

Proposals in which the prices obviously are unbalanced due to mathematical errors may be rejected.

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

If the lowest responsible Bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest responsible Bidder. If the second lowest responsible Bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible Bidder.

Execution of Contract: The Contract shall be signed by the successful Bidder and returned, together with the Contract bonds, insurance endorsements and certificates, and all other required documents within ten (10) business days after the Bidder has received notice of intent to award.

13 Failure to Execute Contract: Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds as provided herein within ten (10) business days after such Bidder has received notice that the Contract has been awarded to them shall be just cause for the forfeiture of the proposal guaranty. The successful Bidder may file with the City Engineer a written notice, signed by the Bidder, or his authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to him. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time herein above prescribed.

Return of Proposal Guaranties: Within ten (10) business days after the award of the Contract to the lowest responsible Bidder, the City will return the proposal guaranties, other than Bidder's bonds, accompanying such of the proposals as are not to be further considered in making the award. Retained proposal guaranties will be held until the Contract has been finally executed, after which all proposal guaranties, except Bidder's bonds and any guaranties which have been forfeited, will be returned to the respective Bidders whose proposals they accompany.

Qualifications of Bidders: Each Bidder shall be skilled and regularly engaged in the general class or type of work called for under the Contract. A statement setting forth their experience shall be submitted by each Bidder on the References of Work form provided herein.

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

Pursuant to section 1103 of the Public Contract Code, City staff has determined that the following non-exhaustive experience is reasonably necessary to satisfactorily perform the public works Contract:

The Contractor shall have a minimum of five (5) projects of similar type of construction and magnitude with other public agencies within the past five (5) years.

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

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

Bidders must be thoroughly competent and capable of satisfactorily performing the work covered by the proposal. They shall have had project experience similar to the project scope of work. When requested, they shall furnish such statements relative to previous experience on similar work, the plan or procedure proposed, and the organization, machinery, plant, and other equipment available for the contemplated work, and the financial condition and resources of the Bidder, as may be deemed necessary by the City Engineer in determining such competence and capability.

14 The City of Hermosa Beach will not enter into a Contract with any Bidder who is not properly licensed to do the work of this Contract under the provisions of Section 7000 et seq., of the Business and Professions Code, unless particularly exempted by the terms thereof. A bid by a Contractor who is not properly licensed shall be considered nonresponsive and will be rejected. The Contractor must hold all sub-Contractors to these same Contract requirements.

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

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

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

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

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

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

Workers’ Compensation Insurance: Before execution of this Agreement by the City, the Contractor shall file with the City’s Risk Manager the following signed certification:
“I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance before commencing any of the work.” The Contractor shall also comply with Section 3700 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City’s Risk Manager reflecting such insurance before this Agreement becomes effective.

Contractor shall fully indemnify and hold harmless City, its attorneys, agents, officers, and employees for any claims in law or equity occasioned by the failure of Contractor to

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

Indemnification: Bidders are instructed to refer to the Contract Agreement.

Subcontractors: Bidders must list the name, address of the place of business, Contractor license number, and DIR registration number for each subcontractor to be responsible for more than 1/2 of 1% of the total bid, and the portion of the job for which that subcontractor is responsible. Only one subcontractor may be listed for each portion of the job.

Unfair Business Practices Claims: In entering into a public works Contract or a subcontract to supply goods, services, or materials pursuant to a public works Contract, the Contractor or sub-Contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works Contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the Contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.) Bidder Registration Requirement: Pursuant to Labor Code sections 1725.5 and 1771.1, all Contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted, nor any Contract entered into without proof of the Contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. To this end, Bidder shall sign and submit with its bid proposal the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Subcontractors List form.

Claim Procedures: Bidders are instructed to refer to the Contract Documents, including by way of illustration and not by limitation the Contract Agreement.

Protest Procedures: Bidders may file a “protest” of a bid proposal with the City’s City Manager. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;

16 D. Specify in detail the grounds for protest and the facts supporting the protest; E. Include all relevant supporting documentation with the protest at time of filing; and F. Be transmitted concurrently to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

If the protest does not comply with each of these requirements, the City may reject the protest with or without further review.

If the protest is timely and complies with the above requirements, the City Manager, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information, and will provide a written decision to the protestor.

The City Manager or designee shall have up to ten calendar days to decide whether to approve or reject the protest. The written decision of the City Manager or designee on the protest shall be served upon the protesting Bidder and any Bidder subject to the protest within fourteen (14) calendar days of receipt of the bid protest. The City Manager or designee may extend the ten (10) calendar days if necessary, to review additional information requested from any Bidder.

If the protester wishes to further contest the protest, it shall appeal this decision to the City Council by filing a statement of appeal with the City Clerk within five (5) days of the issuance of the City Manager’s decision. Said statement of appeal shall include all information required of the original bid protest, as well as s short and plain statement setting forth why Protester disputes the City Manager’s decision and the legal and factual basis for such dispute. Any person or entity may present a formal protest to the City with respect to solicitations being conducted by staff.

A Bidder whose bid has been protested by another Bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail to City Hall, 1315 Valley Drive, Hermosa Beach, California 90254, so that it is received by the City no later than seven calendar days after the protest has been served by the protesting Bidder.

1. Definitions
a. “Bidder” means any person or firm providing a timely, written response to the City solicitation.
b. “Bid Protest” means any protest with regard to the response submitted by another Bidder.
c. “Response” means the written response to the City solicitation provided by a person or firm.
d. “Solicitation Protest” means a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents,

17 determinations or actions taken or contemplated by the City with respect to a solicitation.
e. “Solicitation” means the document by which the City identifies goods, equipment, services, or public construction projects for which it seeks a response.

2. Format – The protest must be in writing and include the following information at a minimum:
a. The name, address, and phone number of the protester, or the authorized representative of the protester;
b. The signature of the protester or authorized representative of the protester; c. The project number and title under which the protest is submitted; d. A detailed description of the legal and/or factual grounds for the protest and all supporting documentation. For protests containing elements not based on publicly released information the protest must contain documentation clearly showing the date on which the protester received the information; and
e. The form of relief requested.

3. State or Federal Funding
If the subject matter of the solicitation or project is receiving any state or federal funds which requires a protest procedure different than the procedures stated above, then that protest procedure shall control.

In the event there is any lawsuit filed against the City relating to any federally funded project, the City will provide prompt notice of that lawsuit to all agencies who participated in the funding of the project.

4. Mandatory Procedure
This administrative procedure and the time limits set forth herein are mandatory.

Failure to comply with these mandatory procedures shall constitute a waiver of any right to pursue the bid protest, including filing a Government Code claim or any legal proceedings or actions.

18 IV. BID DOCUMENTS
A. PROPOSAL
CIP No. 689 CLARK BUILDING RENOVATIONS
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. 689 CLARK BUILDING RENOVATIONS
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 he/she is registered with the Department of Industrial Relations.

All work shall be completed within 120 working days from the date the Notice to Proceed is issued by the Engineer.

Contractor Signature PWCR Registration Number

19 B. BID SCHEDULE
CIP No. 689 CLARK BUILDING RENOVATIONS
*SELECTED LOW BIDDER TO PROVIDE COMPLETE ITEMIZED SCHEDULE OF VALUES PER SECTION 012973 – SCHEDULE OF VALUES
(Total Bid in Figures) ______
(Total Bid in Words)
Contractor Name: ______
In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the Bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a Bidder's bond in the amount of
__________________________________________________Dollars, said amount being not less than ten (10) percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

Contractor Signature: __________________________________________ PW Registration #: __________________________________________ State License #: __________________________________________ Contractor Company Name: __________________________________________ Item
No.

Estimated
Quantity
Unit Description of Work Total
1 1 LS
Clark Building Renovations –
Complete * $
Total Bid $

20 C. BID BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________, (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach and said work being: CIP No. 689 CLARK BUILDING RENOVATIONS as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.

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

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

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

Principal
By
Title

Surety
By

Title

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

23 D. BIDDER'S ASSURANCE
CIP No. 689 CLARK BUILDING RENOVATIONS
FROM:

Name of Bidder:

Business Address:

Telephone No:

TO:

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

Pursuant to your published Notice Inviting Bids for: CIP No. 689 CLARK BUILDING

RENOVATIONS
The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule.

BY: TITLE:

24 E. BIDDER'S DECLARATION
CIP No. 689 CLARK BUILDING RENOVATIONS
It is understood and agreed that:

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

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

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

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

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

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

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

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

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

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

Respectfully submitted,
Contractor's Business Name Contractor Signature Title
Business Address: Street By Title
City State Zip Contractor's License No. and
Classification
Business Phone Number Date
Name Title Residence: Street
City State Zip Residence Phone Number
Note: If the bid is made by an individual, it must be signed with the full name of the Bidder, whose address must be given: if it is made by a firm, it must be signed in the copartnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each member must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed.

26 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP No. 689 CLARK BUILDING RENOVATIONS
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

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

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

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

FIRM

TITLE OF PERSON SIGNING

SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:

27 G. CERTIFICATION OF PRINCIPAL
CIP No. 689 CLARK BUILDING RENOVATIONS
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.)
Signature:

Name:

Title:

Name of Company:

28 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP No. 689 CLARK BUILDING RENOVATIONS
The undersigned, a duly authorized representative of the Contractor, certifies and declares that:

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

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

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

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

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

Signature:

Name:

Title:

Name of Company:

29 I. NON-COLLUSION DECLARATION
CIP No. 689 CLARK BUILDING RENOVATIONS
The undersigned declares:

I am the ___________________ of ______________________________, the party making the foregoing Bid.

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP

30 J. REFERENCES OF WORK
CIP No. 689 CLARK BUILDING RENOVATIONS
Provide names, addresses, phone numbers and email addresses for at least three public agencies for which Bidder has performed similar work within the past five years.

All contact information must be current.

1. _______________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Public Agency’s Project Manager _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Detailed Description of Project
___________________________________ ___________________________________ Original Contract Amount Original Date of Completion
________________________ ___________________________________ Final Contract Amount Final Date of Completion
Number of Change Orders ____________

2.______________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Public Agency’s Project Manager _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Detailed Description of Project
___________________________________ ___________________________________ Original Contract Amount Original Date of Completion
________________________ ___________________________________ Final Contract Amount Final Date of Completion
Number of Change Orders ____________

31 3.________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Public Agency’s Project Manager _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Detailed Description of Project
___________________________________ ___________________________________ Original Contract Amount Original Date of Completion
________________________ ___________________________________ Final Contract Amount Final Date of Completion
Number of Change Orders ____________
For additional References, please add separate sheets.

NAME OF BIDDER

SIGNATURE OF BIDDER DATE

32 K. SUBCONTRACTORS LIST
CIP No. 689 CLARK BUILDING RENOVATIONS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each Bidder shall set forth below: (a) the name and location of the place of business, (b) the California Contractor license number, (c) the DIR public works Contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.

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

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

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

We propose to use the following listed subcontractors as per Public Contract Code Section 4100 et seq.: List all Subcontractors. The subcontractor shall be licensed for the type of work they are performing.

Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work

33 Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

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

Description of Work:

CSLB Contractor License No. DIR Registration No.

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

Description of Work:

CSLB Contractor License No. DIR Registration No.

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

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work

34 Percent of work to be performed by sub-Contractors: % (Note: 50% of work is required to be performed by general Contractor) For additional Sub-Contractors, please add additional sheet(s)

35 L. IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on Contracts for three years.

36 M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all Contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

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

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations.1
Name of Bidder: ________________________________________ DIR Registration Number: ________________________________ DIR Registration Expiration: ______________________________ Small Project Exemption: ______ Yes or ______ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

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

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

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

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

Name of Bidder
Signature
Name and Title
Dated
1 If the Project is exempt from the Contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

37 V. CONTRACT DOCUMENTS
CIP No. 689 CLARK BUILDING RENOVATIONS

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

R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for CIP No. 689 CLARK BUILDING RENOVATIONS (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On [INSERT DATE], City’s City Council declared CONTRACTOR to be the lowest responsible Bidder and accepted the bid of CONTRACTOR; and
C. The City Council has authorized the Mayor to execute a written Contract with CONTRACTOR for furnishing labor, equipment, and material for the CIP No. CIP No. 689 CLARK BUILDING RENOVATIONS 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. 689 CLARK BUILDING RENOVATIONS in the City of Hermosa Beach.

The work shall be performed in accordance with the Plans and Specifications dated [INSERT DATE], (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 2021 edition, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said Contract documents are made a part hereof as though fully set forth herein. This Contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the Contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this 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

39 agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal [INSERT VALUE] as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within [INSERT VALUE] 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

40 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.

41 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

42 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.

43 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

44 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.

45 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:

46 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.

47 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. ASSIGNMENT: This Contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

19. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent Contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

48 20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this Contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the Contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.

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

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

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

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

24. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this Contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this Contract shall not be valid or binding. Any modifications of this Contract will be effective only if signed by the party to be charged.

25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the

49 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf.

26. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.

CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: ________________________ Project Manager
CONTRACTOR:
__________________________________________
__________________________________________
Attention: __________________________________

27. DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less.

Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Section shall be construed to be consistent with said statutes.

Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in

50 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

51 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.

52 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

53 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.

54 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. __

55 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

56 B. AGREEMENT OF INDEMNIFICATION

AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION CIP No. 689 CLARK BUILDING RENOVATIONS
Contract/Agreement/License/Permit No. or description:

Indemnitor(s) (list all names):

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

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

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

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name Name
By: By:

57 C. EQUALS
CIP No. 689 CLARK BUILDING RENOVATIONS
The undersigned desires to use the material, product, thing, or service described below, as “an equal” to such item as specified.

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

1. 2.

3.

58 D. FAITHFUL PERFORMANCE BOND
CIP No. 689 CLARK BUILDING RENOVATIONS
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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

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

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

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

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

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

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

By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

60 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.

Contractor/ Principal
By
Title
Surety
By
Attorney-in-Fact
Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

END OF PERFORMANCE BOND

63 E. PAYMENT BOND (LABOR AND MATERIALS)
CIP No. 689 CLARK BUILDING RENOVATIONS
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Hermosa Beach (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a Contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work Contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any Contract, plans, specifications, or agreement pertaining

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.

Contractor/ Principal
By
Title

Surety
By
Attorney-in-Fact
Title

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

END OF PAYMENT BOND

67 F. GUARANTEE TO THE CITY OF HERMOSA BEACH
CIP No. 689 CLARK BUILDING RENOVATIONS
As a material inducement to the City to award the Contract for CIP No. ______ to the ___________, the undersigned (“Guarantor”) has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: _______________________ (“the work”).

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

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

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

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

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

Guarantor

Contractor Date

By Title

68 G. GENERAL COMPREHENSIVE LIABLITY ADDITONAL INSURED

ENDORSMENT
CIP No. 689 CLARK BUILDING RENOVATIONS

NAME OF ADDRESS OF INSURED:

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

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

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

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

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

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

CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:

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

69 Endorsement Effective Policy No.

No. Date

TYPE OF COVERAGES TO WHICH POLICY PERIOD

LIMITS OF

THIS ENDORSEMENT ATTACHES FROM TO

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

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

DEDUCTIBLE APPLIES PER CLAIM, PER OCCURRENCE

INSURANCE COMPANY
ADDRESS:

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

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

Phone No.: ( )

70 H. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT CIP No. 689 CLARK BUILDING RENOVATIONS

NAME OF ADDRESS OF INSURED:

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

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

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

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

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

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

CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:

Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202

71 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

Endorsement Effective Policy No.

No. Date

TYPE OF COVERAGES TO WHICH POLICY PERIOD

LIMITS OF

THIS ENDORSEMENT ATTACHES FROM TO

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

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

DEDUCTIBLE APPLIES PER CLAIM, PER OCCURRENCE

INSURANCE COMPANY
ADDRESS:

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

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

Phone No.: ( )

72 I. INSTRUCTIONS FOR COMPLETING, EXECUTING, AND SUBMITTING

EVIDENCE OF INSURANCE TO THE OWNER
CIP No. 689 CLARK BUILDING RENOVATIONS
Insured: Date:
(Contractor, Lessee, Permittee, etc.)
Insured
A. In order to reduce problems and time delays in providing evidence of insurance to the City, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement forms along with these instructions for completing, executing, and submitting evidence of insurance.

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

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

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

More than one insurance policy may be required to comply with the insurance requirements.

Endorsement forms appropriate to your insured's Contract, lease or permit are checked below and enclosed.
( ) Workers' Compensation/Employers Liability
( ) General Liability
( ) Automobile Liability
( ) Excess/umbrella Liability
( ) Professional Liability
( ) Property insurance
( ) Fine Arts Property Insurance
You shall have an authorized representative of the insurance company sign the completed endorsement forms, note his phone number at the bottom of page 2 and have said representative transmit the forms to the City. Signatures must be originals as the City will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures.

73 The name of the Insurance Company underwriting the coverage and its address shall be noted on page 2 of the endorsement form.

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

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

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

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

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

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

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

DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS MAY

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

For extensions or renewals of insurance policies which have the City's Endorsement Form(s) attached, the City will accept a copy of the endorsement (with an original signature) to extend the period of coverage as evidence of continued coverage.

74 J. WORKER'S COMPENSATION INSURANCE CERTIFICATE
CIP No. 689 CLARK BUILDING RENOVATIONS
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

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

DATED:

CONTRACTOR:

By:

Signature
Title
ATTEST:

By:

Signature
Title

75 K. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL CIP No. 689 CLARK BUILDING RENOVATIONS
If an individual, so state. If a firm or co-partnership, state the firm and give the names of all individual co-partners composing the partnership. If a corporation, state legal name of corporation; state also the names of the president, secretary, treasurer, and manager thereof.
______________________________________________________
______________________________________________________
______________________________________________________
Business Address: ______________________________________________________ ______________________________________________________
______________________________________________________
Telephone Number:

Date:

Print Name: ___________________________________________ Principal
Signature: ___________________________________________

76 L. W9 FORM

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CIP No. 689

CLARK BUILDING RENOVATIONS
VI. SPECIAL PROVISIONS
The following Special Provisions supplement and amend the 2021 Standard Specifications for Public Works Construction (SSPWC). These Special Provisions have been arranged into a format and sequence that parallels the Standard Specifications for Public Works Construction.

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TABLE OF CONTENTS
PART 1 – GENERAL PROVISIONS............................................................................................. 4 PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS.......................................... 4 SECTION 1 – GENERAL.................................................................................................................. 4 1-2 TERMS AND DEFINITIONS.............................................................................................. 4 SECTION 2 – SCOPE OF THE WORK............................................................................................... 4 2-2 PERMITS......................................................................................................................... 4 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES. ...................................................... 5 2-5.5 Contractor’s Responsibility for Work. ........................................................................ 5 2-5.6 Notice and Service Thereof. ....................................................................................... 5

2.11 RETENTION OF IMPERFEFCT WORK........................................................................... 6 SECTION 3 – CONTROL OF THE WORK. ........................................................................................ 6 3-6 THE CONTRACTOR’S REPRESENTATTIVE. ...................................................................... 6 3-7 CONTRACT DOCUMENT. ............................................................................................... 7 3-8 SUBMITTALS. ................................................................................................................. 7 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY. ........................................................ 8 SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES. .............................................................. 8 5-4 INSURANCE.................................................................................................................... 8 5-7 SAFETY. ........................................................................................................................ 10 5-8 LAWS TO BE OBSERVED............................................................................................... 10 5-9 FAIR EMPLOYMENT PRACTICE COMMISSION CERTIFICATION.................................... 12 SECTION 6 – PROSECTION AND PROGRESS OF THE WORK. ....................................................... 12 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK........................... 12 6-9 LIQUIDATED DAMAGES. .............................................................................................. 14 SECTION 7 – MEASUREMENT AND PAYMENT............................................................................ 14 7-3 PAYMENT..................................................................................................................... 14 SECTION 9 – SPECIFIC CONDITIONS. ......................................................................................... 16 9-1 WORK AREA ........................................................................................................................ 16

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9-1.1 Work Area Access...................................................................................................... 16 9-1.2 Work Area Maintenance........................................................................................... 16 9-1.3 Contractor’s Temporary Facilities............................................................................. 16 9-2 CONSTRUCTION MANAGEMENT SOFTWARE ............................................................................... 17 9-2.1 Procore Software....................................................................................................... 17

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PART 1 – GENERAL PROVISIONS
PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS
The Standard Specifications for Public Works Construction (SSPWC), written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California, shall be the Standard Specifications of the Owner. All work shall conform to the edition indicated in this document and in the bid proposal documents, including supplements, of the SSPWC, these Special Provisions which supplement or modify the SSWPC, the Standard Plans for Public Works Construction (SPPWC) of the same edition as the SSPWC, and the Standard Drawings as issued by the City available at the time bids are opened unless otherwise specified in the Contract Documents.

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

SECTION 1 – GENERAL
1-2 TERMS AND DEFINITIONS.

Whenever the following terms are used in the SSPWC, they shall be understood to mean and refer to the following:
a) Board – The City Council of the City of Hermosa Beach b) Contract Documents – Documents including but not limited to the proposal forms, Special Provisions, Bonds, Insurance, Contract, and all Addenda setting forth any modifications to the documents.
c) Engineer – The Director of Public Works/City Engineer or their authorized representative d) Bidder – An individual, co-partnership, association, or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. e) Legal Address of Contractor – The address given on the Contractor’s bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered.

SECTION 2 – SCOPE OF THE WORK.
2-2 PERMITS.

Add the following:

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

The Contractor must have or obtain a valid City of Hermosa Beach Business License in accordance with the provisions of the Hermosa Beach Municipal Code.

Building Permit
A Building Permit is required to work within a building structure and will be issued at no cost to

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the Contractor.

Electrical/Plumbing/Mechanical Permits
Electrical/Plumbing/Mechanical Permits are required to work within a building structure and will be issued at no cost to the Contractor.

City Encroachment/Right of Way Permit
A City Encroachment/Right of Way Permit is required to work within public right-of-way and will be issued at no cost to the Contractor.

Other Encroachment/Right of Way Permits
When work occurs in the right-of-way of other entities, the Contractor shall obtain a no fee right of way permit as required for an encroachment from that entity. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.4 Haul Routes.

Replace the entire subsection with the following:

Haul Routes shall be per the City of Hermosa Beach Truck Routes map.

Add the following subsections:
2-5.5 Contractor’s Responsibility for Work.

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

In case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the proper temporary storage thereof.
2-5.6 Notice and Service Thereof.

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

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

Public Works Department
City of Hermosa Beach
1315 Valley Dr.

Hermosa Beach, CA 90254

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

Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated to the party giving the notice, postage prepaid and registered. 2-5.7 Warranty of Title.

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

Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the City.

2.11 RETENTION OF IMPERFEFCT WORK.

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

SECTION 3 – CONTROL OF THE WORK.
3-6 THE CONTRACTOR’S REPRESENTATTIVE.

Add the following:

The Contractor shall provide the Engineer with the name, address, and business and home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices.

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3-7 CONTRACT DOCUMENT.
3-7.2 Precedence of Contract Documents.

Replace the entire subsection with the following:

If there is a conflict between any of the Contract Documents, the document highest in the order of precedence shall control. The order of precedence, from highest to lowest, shall be as follows:

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

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

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

4. The Contract.

5. The Bid Proposal.

6. Addenda.

7. Notice Inviting Bids.

8. Instructions to Bidders.

9. Special and General Provisions.

10. Plans.

11. City of Hermosa Beach Standard Plans.

12. Other Standard Plans.

13. Standard Specifications for Public Works Construction.

14. Reference Specifications.

Change orders, supplemental agreements, and approved revisions to Plans and Specifications will take precedence over documents listed above, except those listed as FIRST, SECOND, and THIRD. Detailed plans shall have precedence over general plans. 3-8 SUBMITTALS.
3-8.1 General.

Add the following:

The Contractor shall submit the following submittals within ten (10) days of notification of the City’s intent to award this contract:
• Project Construction Schedule, sequence, and phase sequence plan • Preconstruction video on USB, 2 copies
• Copy of City Business License (Prime and Subcontractors) • 24 Hr. Emergency Phone Call List
• Letters identifying site authorized contractor’s representative or “Superintendent” and contractor’s “Competent Person”
• WPCP / Best Management Practices

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• All submittals required as per Technical Specifications section of this document and project plans including seismic bracing of owner-furnished office furniture (height of 6 feet or more) utilizing the following (or equal) material:

Clip Angles- 2”x2”x3/16”
Lag Bolts- ¼”x3”
Sheet Metal Screws- #10
Each piece of furniture to be anchored at top with a minimum of two (2) clip angles. • And others as requested by the Engineer
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.

Add the following subsection:
3-13.4 Completion and Acceptance.

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

SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES.
5-3 LABOR.

Add the following subsection:
5-3.6 Laws.

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

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

The Contractor shall comply with all applicable provisions of Sections 1776, 1777.5 and 1777.7 of the California Labor Code. The Contractor shall be responsible for compliance with Section 1776 and shall insert a provision in all subcontracts requiring subcontractors to comply with said section.

The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 5-4 INSURANCE.

Replace the entire subsection with the following:

The Contractor shall, at its expense, maintain in effect all times during the performance of

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work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers licensed to sell insurance in the State of California and having a “A-“or higher rating in the latest edition of Best’s Insurance Guide, and shall be subject to approval by the City’s Risk Manager:

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

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

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

2. “Severability of Interest” clause.

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

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

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

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

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

Any policy or policies of insurance that the Contractor or his Subcontractors elects to carry as insurance against loss or damage to their construction equipment and tools or other personal

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property used in fulfillment of this contract shall include a provision waiving the insurer’s right of subrogation against the City.

The cost of all insurance shall be included in the contractor’s bid. 5-7 SAFETY.

Add the following subsection:
5-7.9 Emergency Provisions.

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

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

Add the following subsections:
5-8 LAWS TO BE OBSERVED.
5-8.1 Laws and Regulations.

The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which, in any manner, affect those engaged or employed on the work, the materials used in the work or the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract or in the Plans or Specifications herein referred to, in relation to any such law, ordinance or regulation, the Contractor shall forthwith report the same in writing to the Engineer. The Contractor shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violations of any such laws, ordinances or regulations whether by himself or by his employees or his subcontractors or their employees.

Except as otherwise explicitly provided in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.

All state laws, all county and city ordinances and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and works required to be done hereunder, shall be deemed to be and hereby are made controlling and

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part of these specifications.
5-8.2 General.

The Contractor shall keep himself fully informed of all existing state and national laws and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
5-8.3 Eight-Hour Law.

Eight (8) hours labor constitutes a legal day's work. The Contractor shall forfeit as a penalty $25.00 (Twenty-five dollars) for each workman employed in the execution of the contract by the Contractor or any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code and in particular, Section 1810 to Section 1815 thereof inclusive except that work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week, shall be compensated at not less than one and one-half (1 1/2) times the basic rate of pay as provided in Section 1815.
5-8.4 Prevailing Rate of Per Diem Wages.

Pursuant to the provisions of Section 1773 of the Labor Code, the general prevailing wage rates in the County in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates. The Federal Minimum wage rates for this project as predetermined by the United States Secretary of labor are set forth herein by addenda and in copies that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the federal minimum wage rates, if necessary, will be issued to holders. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

Attention is directed to the Federal minimum wage rate requirements in these Special Provisions.

If there is a difference between the minimum wage rates predetermined by the Secretary of labor and the general prevailing wage rates determined by the Director of the California Department of Industries Relations for similar classifications of labor, the Contractor and subcontractor shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determination. This includes “helper” (or other classifications based on hours of experience) or any other classifications not appearing in the Federal wage rate determination. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractor, the Contractor and subcontractor shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.

The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge

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of possible bid, bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information with be treated confidentially and caller anonymity will be respected.

The Contractor shall comply with Labor Code Section 1775. In accordance with said section, the Contractor shall forfeit as a penalty to the City $50.00 (fifty dollars) for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the contract by him or by `any subcontractor under him in violation of the provisions of the Labor Code and in particular Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 5-8.5 Certified Payroll.

Pursuant to Section 1776 of the Labor Code, the Contractor and/or subcontractors shall submit weekly to the City for each week in which any contract work is performed a certified copy of all payroll records. Should the Contractor fail to provide such payroll certificates, the City may withhold $1,000.00 for each weekly payroll certificate not received from payment due. 5-9 FAIR EMPLOYMENT PRACTICE COMMISSION CERTIFICATION.

The Contractor's attention is directed to the requirements in Section 12990 of the Government Code for nondiscrimination and compliance employment programs.

SECTION 6 – PROSECTION AND PROGRESS OF THE WORK.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE
WORK.
6-1.1 Construction Schedule.

Add the following:

The Contractor’s proposed construction schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Contract Approval. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered.

In preparation of the construction schedule, the following items shall be considered:
• The City observes the following holidays, which shall be considered non-working days.

If the Contractor elects to work on any of the City holidays the Contractor shall be responsible for paying any associated inspection costs, including overtime and holiday premiums. Any work not completed and fully open to public traffic shall be maintained in a safe and delineated condition. Traffic control and safety devices shall be maintained at all times.

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o New Year’s Day
o Martin Luther King Jr.’s Birthday
o Washington’s Birthday
o Cesar Chavez Day
o Memorial Day
o Juneteenth
o Independence Day
o Labor Day
o Veterans Day
o Thanksgiving
o Christmas Day
• The Contractor’s working hours shall be limited to the hours between 8:00 A.M. and 5:00 P.M., Monday through Friday. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of the City Engineer. The Contractor shall provide adequate light for proper prosecution of the work, for the safety of the workmen and the public, and for proper inspection. • In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead and travel time. The service fees will be deducted from any amounts due to the Contractor.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods and clarify inspection procedures.

The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Public Works Manager and the County Sheriff’s Department or the City Police Department prior to beginning work.

The Contractor shall also notify the City of Hermosa Beach and the owners of all utilities and substructures not less than 72 hours prior to starting construction. The following utility companies list of names and telephone numbers is intended for the convenience of the contractor and is not guaranteed to be complete or correct:

Southern California Edison Co. 310/783-9332
The Gas Co. 310/605-7837
Verizon 818/837-0394
Hermosa Beach Police & Fire 310/524-2750
Time Warner (Cable TV) 310/216-4184
West Basin Municipal Water District 310/217-2411
Athens Services 626/934-4696
California Water Service Co. 310/257-1428
Underground Service Alert 800/227-2600

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Los Angeles County Flood Maintenance 562/861-0316
Los Angeles County Public Works 626/458-3109
The Contractor shall submit periodic Progress Reports to the Director of Public Works by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.
6-4.3 Payment for Delays.

To the furthest extent permitted by law, replace the entire subsection with the following:

In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $1,200 per Day of delay in excess of the time specified for the Completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection. 6-9 LIQUIDATED DAMAGES.

Add the following:

The amount of liquidated damages is hereby amended to $1,200 for each consecutive calendar day.

SECTION 7 – MEASUREMENT AND PAYMENT.
7-3 PAYMENT.
7-3.2 Partial and Final Payment.

Replace the entire subsection with the following:

The closure date for periodic progress payments shall be the twenty-fifth day of each month. Authorization to pay is commonly received on the tenth day of the following month.

However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents.
7-3.4 Mobilization.

Replace the entire subsection with the following:

Mobilization shall include all site visits; preparation of all submittals; BMPs; obtaining all permits, insurance, and bonds; video recording of the site existing conditions; moving onto the site all materials and equipment; set up of any temporary facilities (e.g. sanitary facilities, parking, construction water, equipment and materials staging area, fencing); distribution of all

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notification materials; removal of same at completion of the work; site cleanup; and other work as required to perform and complete the work.

No material, equipment, or vehicles to be left overnight on sidewalks or streets.

A minimum of one week prior to the start of construction, the Contractor shall video record all areas where construction is to take place. Such video recordingsshall be provided to the Engineer before construction commences. These video recordings shall serve as a record of the existing conditions for disputes arising from restoration and should therefore be taken along the line of construction and site access and staging areas at sufficient detail as necessary to clearly depict details of existing conditions. Video recordings shall document existing sidewalks, and adjacent conditions. The video recordingsshall be on two USB copies and given to the Engineer. All video recordings shall be indexed and catalogued in such a manner that each photographed area is readily identifiable and shall also indicate the date and time (hour, minutes, and seconds) on which the recording was made. The Contractor shall also video record any unusual conditions encountered during construction that are not already a matter of photographic record. In any areas where existing conditions cannot be determined by means of video recording, the area shall be restored as approved by the Engineer at Contractor's expense. All video recordingsshall become the property of the City.

Payment for MOBILIZATION and DEMOBILIZATION is included in the lump sum bid item for completing this project in its entirety including but not limited to furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved and there shall be no additional payment for mobilization and demobilization.

Add the following subsection:
7-3.9 Work Performed Without Direct Payment.

Tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools, and materials shall be included in the lump sum bid item in the Proposal and no additional compensation will be paid therefor.
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor.

Replace the entire subsection with the following:

The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus the employer payments of payroll taxes, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by collective bargaining agreements. 7-4.3 Markup
7-4.3.1 Work by the Contractor.

Replace the entire subsection with the following:

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An allowance for overhead and profit shall be added to the Contractor’s costs and shall constitute the full and complete markup for all overhead and profit on extra work performed by the Contractor. The Contractor shall also be compensated for the actual increase in the Contractor’s bond premium caused by the extra work. The markup shall be:
a. Labor – 20%
b. Materials – 15%
c. Tool and Equipment Rental – 15%
d. Other Items – 15%
7-4.3.2 Work by a Subcontractor.

When any of the extra work is performed by a subcontractor, the markup shall be applied to the subcontractor’s costs. An allowance for the Contractor’s overhead and profit shall be added to the sum of the subcontractor’s costs and markup and shall constitute the full and complete markup for all overhead and profit for the Contractor on work by the subcontractor. For Contractor markup of subcontractor’s costs, the allowance shall be 10% on the first $2,000 or portion thereof and 5% on costs in excess of $2,000.

SECTION 9 – SPECIFIC CONDITIONS.
9-1 Work Area
9-1.1 Work Area Access
The subject project site is adjacent to a heavily utilized public sports complex facility. As such the contractor must protect the work area by installing screened temporary chain link fencing and implement other necessary measures to ascertain that access to the work area will be limited to authorized personnel of the contractor its subcontractors and vendors; as well as City representatives only.
9-1.2 Work Area Maintenance
Contractor is only allowed to work between 8 AM and 5 PM - Mondays through Fridays. The contractor shall make every attempt to minimize disturbance to the operation of the adjacent City sports complex and private properties. Contractor shall control construction related dust and noise by installing the necessary separations. Contractor is responsible for daily clean-up of the work and adjacent areas.
9-1.3 Contractor’s Temporary Facilities
Contractor will be allowed to utilize the front lawn area of the building (behind the sidewalk) for construction related storage and staging. Contractor must install screened temporary fencing as directed by the City. Contractor shall be responsible for the security of the stored material and equipment. Contractor must ascertain that utilization of the storage and staging will not negatively impact the project’s schedule particularly as related to installation of sewer line, stormwater drain line and grease trap structure which are located in the front lawn area of the building.

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9-2 Construction Management Software
9-2.1 Procore Software
The contractor shall use the Procore construction management software (with account for the project made available by the City at no additional cost) for various construction management activities related to the project including but not limited to submission of schedules, project material submittals, and RFIs. Project documents including plans and specifications will also be made available on Procore for the contractor’s use for the duration of the project.

TP-1
I. TECHNICAL PROVISIONS

TP-2
CIP 689 - CLARK BUILDING RENOVATIONS

CITY OF HERMOSA BEACH

PUBLIC WORKS DEPARTMENT
OCTOBER 31, 2023
STEPHEN M.

ALBERT
NO. C 9412
REN. 5/31/25

CIP 689 - Clark Building Renovations
TABLE OF CONTENTS 1

TABLE OF CONTENTS
DIVISION 1 - GENERAL REQUIREMENTS
013300 Submittal Procedures
016000 Product Requirements
012513 Product Procedures for Substitution and “Or Equal” 013113 Project Coordination
011100 Summary of Work
017123 Field Engineering
013213 Construction Schedule
019113 General Commissioning Requirements
012976 Progress Payment Procedures
013119 Project Meetings
012613 Request for Clarification
012973 Schedule of Values
014525 Testing, Adjusting, & Balancing For HVAC
017418 Water Pollution Control
017700 Contract Closeout
017329 Cutting and Patching
017900 Maintenance and Operations & Community Services Department Staff Demonstration and Training
014523 Testing and Inspection
017836 Warranties
DIVISION 2 - SITE CONSTRUCTION
022600 Abatement of Hazardous Materials
024119 Selective Demolition
028213 Asbestos Abatement and Asbestos Related Disturbance 028333 Lead Abatement and Lead related Construction Work DIVISION 3 – CONCRETE
031000 Concrete Forming and Accessories
032000 Concrete Reinforcing
033000 Cast-In-Place Concrete
DIVISION 5 – METALS
055000 Metal Fabrications
055134 Aluminum Ladders
055213 Pipe and Tube Railings
DIVISION 6 - WOOD AND PLASTICS
064023 Interior Architectural Woodwork
061000 Rough Carpentry
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
072100 Building Insulation
076500 Flexible Sheet Flashing
077200 Roof Accessories
078413 Penetration Firestopping
078446 Fire-Resistive Joint Systems
079200 Joint Sealants

2 CIP 689 - Clark Building Renovations
DIVISION 8 - DOORS AND WINDOWS
081433 Stile and Rail Wood Doors
083113 Access Doors and Frames
087100 Door Hardware
088000 Glazing
DIVISION 9 – FINISHES
092216 Non-Load-Bearing Steel Framing
092400 Portland Cement Plastering
092900 Gypsum Board
093000 Tiling
095000 Integrated Ceiling Assemblies
096516 Resilient Sheet Flooring
096519 Resilient Tile Flooring
099100 Painting
DIVISION 10 – SPECIALTIES
101400 Signage
102113 Toilet Compartments
102800 Toilet and Bath Accessories
104400 Fire Protection Specialties
DIVISION 11 - EQUIPMENT
114000 Food Service Equipment
115213 Projection Screens
116001 Staging System
DIVISION 12 - FURNISHINGS
122413 Roller Window Shades
DIVISION 22 – PLUMBING
220000 Common Work Results for Plumbing
220517 Sleeves and Sleeve Seals for Plumbing Piping
220523 General-Duty Valves for Plumbing Piping
220529 Hangers and Supports for Plumbing Piping and Equipment 220553 Identification for Plumbing Piping and Equipment 220700 Plumbing Insulation
221000 Plumbing Equipment
221118 Domestic Water Distribution System
221316 Sanitary Waste and Vent Piping
223300 Electric, Domestic-Water Heaters
224000 Plumbing Fixtures
DIVISION 23 - HEATING VENTILATING AND AIR CONDITIONING
230517 Sleeves and Sleeve Seals for HVAC Piping
230529 Mechanical Supporting Devices
230553 Mechanical Systems Identification
230594 Testing, Adjusting, and Balancing (TAB)
230700 Mechanical System Insulation
232300 Refrigerant Piping
233114 Ductwork
233314 Ductwork Specialties
233400 Unitary Exhaust and Supply Fans and Ventilators
233600 Air Terminal Devices

TABLE OF CONTENTS

TABLE OF CONTENTS 3
CIP 689 - Clark Building Renovations
234114 Filters
238128 Split System Heat Pumps
DIVISION 26 - ELECTRICAL
260526 Grounding and Bonding for Electrical Systems
260529 Hangers and Supports for Electrical Systems
260533.13 Conduit for Electrical Systems
260533.16 Boxes for Electrical Systems
260533.23 Surface Raceways for Electrical Systems
260539 Underfloor Raceways for Electrical Systems
260548 Vibration and Seismic Controls for Electrical Systems 260943 Network Lighting Controls
262100 Low-Voltage Electrical Service Entrance
262200 Low-Voltage Transformers
262413 Switchboards
262416 Panelboards
262726 Wiring Devices
264313 Surge Protection for Low Voltage Electrical Power Circuits
DIVISION 27 - COMMUNICATIONS
274100 Audio-Video Systems
271013 Structured Cabling(Existing Sites)
DIVISION 32 - EXTERIOR IMPROVEMENTS
321313 Site Concrete Work
323113 Chain Link Fences and Gates
328400 Planting Irrigation
329113 Soil Preparation
329230 Lawn & Grasses
329300 Exterior Plants
329400 Landscape Planting Accessories
329813 Landscape Establishment Period

END OF TABLE OF CONTENTS

City of Hermosa Beach
CIP 689- Clark Building Renovations SUBMITTAL PROCEDURES 01 3300-1
SECTION 01 3300

SUBMITTAL PROCEDURES
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. Administrative and procedural requirements for submittals required for the Work, including but not limited to; Shop Drawings, Product Data, Samples, material lists, and quality control items.

B. Throughout the Contract Documents, the minimum acceptable quality of materials, fabrication, and execution have been defined by the name and catalog number of a manufacturer and by reference of recognized industry standards.

C. To ensure that specified products are furnished and installed in accordance with the design intent, procedures have been established for submittal of design data and for its review by ARCHITECT, OAR and others.

1.02 RELATED REQUIREMENTS
A. Section 01 2513: Product Substitution Procedures.

B. Section 01 2973: Schedule of Values.

C. Section 01 2976: Progress Payment Procedures.

D. Section 01 3113: Project Coordination.

E. Section 01 3213: Construction Schedule.

F. Section 01 4523: Testing and Inspection.

G. Section 01 4525: Testing, Adjusting, and Balancing for HVAC.

H. Section 01 5000: Construction Facilities and Temporary Controls.

I. Section 01 7123: Field Engineering.

J. Section 01 7329: Cutting and Patching.

City of Hermosa Beach
CIP 689- Clark Building Renovations SUBMITTAL PROCEDURES 01 3300-2
K. Section 01 7416: Storm Water Pollution Prevention.

L. Section 01 7700: Contract Closeout.

M. Section 01 7836: Warranties.

PART 2 – PRODUCTS (Not used)
PART 3 - EXECUTION

3.01 PROCEDURES
A. CONTRACTOR is required to review and approve every submittal and shop drawing prior to transmittal and delivery to ARCHITECT. Should CONTRACTOR determine a submittal contains errors, or does not meet the requirements of the contract, CONTRACTOR shall immediately return the submittals and shop drawings to the producer and expedite the corrections prior to transmitting the submittal to ARCHITECT. Submittals shall not be used by CONTRACTOR to request clarifications or submit questions. CONTRACTOR will affix stamp to each submittal certifying CONTRACTOR has performed, at minimum, the following:

1. Verified the submittal is complete in all respects and follows the requirements of the Contract Documents without variance.

2. Confirmed that no substitutions have been included. If substitutions are included, CONTRACTOR shall eliminate them from the submittal.

3. Identified any variances from the requirements of the Contract Documents and confirmed that the identified variance meets, but does not exceed the allowable limitations or tolerances as defined in these specifications.

4. Verified that all submitted materials, dimensions and tolerances are compatible with existing or planned conditions of the Work in order to erect, fabricate, or install the submitted assembly in conformance with the requirements of the Contract Documents.

5. Coordinated and verified that the dimensions match CONTRACTOR measured field or installation conditions.

6. Coordinated and verified that the products of separate manufacturers required within any field produced assembly are compatible in all respects for such assembly.

City of Hermosa Beach
CIP 689- Clark Building Renovations SUBMITTAL PROCEDURES 01 3300-3

7. Packaged together all related submittals or shop drawings where such is necessary for a comprehensive ARCHITECT review.

B. CONTRACTOR shall package each submittal appropriately for transmittal and handling. Transmittal format shall be as required by OWNER. CONTRACTOR shall transmit and deliver six sets of each submittal or re-submittal to ARCHITECT, two of which shall be returned to CONTRACTOR. Some specifications may require additional copies be provided. CONTRACTOR shall provide the OWNER additional copies as specified or as requested by OAR.

ARCHITECT will not accept submittals received from sources other than from CONTRACTOR.

C. After ARCHITECT’S review, ARCHITECT will transmit submittals to OAR and OAR shall further distribute to CONTRACTOR, INSPECTOR and others as required. Work shall not commence, unless otherwise approved by OAR, until approved submittals are transmitted to CONTRACTOR.

D. CONTRACTOR shall clearly identify any deviations from the Contract Documents on each submittal. Any deviation not so noted even though stamped reviewed is not acceptable.

E. CONTRACTOR shall coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities requiring sequential activity.

F. Timing of Submittals:

1. In accordance with General Conditions, CONTRACTOR shall submit to ARCHITECT, with copy of transmittal to the OAR, those Shop Drawings, Product Data, diagrams, materials lists, Samples and other submittals required by the Contract Documents.

2. The scheduling of submittals shall be sequenced to support the progress of the Work, and shall be:
a. Submitted sufficiently in advance of construction, fabrication or installation in order to allow time for transmittal, review, modification, correction, (and resubmission and re-review when required.)
b. Phased with adequate time between submittals in order to allow for proper review by the ARCHITECT without negative impact to the Milestones Schedule.

3. CONTRACTOR shall coordinate submittal of related items and ARCHITECT reservesthe right to withhold action on a submittal requiring

City of Hermosa Beach
CIP 689- Clark Building Renovations SUBMITTAL PROCEDURES 01 3300-4
coordination with other submittals until all related submittals are received by ARCHITECT.

4. CONTRACTOR shall revise, update and submit submittal schedule to ARCHITECT and OAR on the first of each month, or as required by OAR.

5. CONTRACTOR shall allow in the Construction Schedule, at least six days for ARCHITECT review following ARCHITECT receipt of submittal. For mechanical, plumbing, electrical, low voltage, fire sprinklers, door and hardware, and other submittals requiring joint review with OAR, CONTRACTOR shall allow a minimum of nine days following ARCHITECT receipt of submittal.

6. No adjustments to the Contract Time or Milestones will be authorized because of a failure to transmit submittals to ARCHITECT sufficiently in advance of the Work to permit review and processing or where CONTRACTOR fails to provide ARCHITECT submittals on related items.

7. In case of product substitution, Shop Drawing preparation shall not commence until such time as OWNER accepts or rejects the proposed substitution in accordance with the procedures described in the General Conditions.

G. If required, resubmit submittals in a timely manner. Resubmit as specified for initial submittal but identify as such. Review times for re-submitted items shall be as per the time frames for initial submittal review.

H. Shop Drawing preparation shall not commence until such time as CONTRACTOR receives Product Data acceptance.

I. ARCHITECT will stamp each submittal with a uniform, action stamp.

ARCHITECT will mark the stamp appropriately to indicate the action taken, as follows:

1. Final Unrestricted Release: When ARCHITECT marks a submittal “Reviewed” the Work covered by the submittal may proceed provided it complies with requirements of the Contract Documents. Final payment depends on that compliance.

2. Final-But-Restricted Release: When ARCHITECT, or authorized agent, marks a submittal “Reviewed as Noted,” the Work covered by the submittal may proceed provided it complies with notations or corrections on the submittal and requirements of the Contract Documents. Final payment depends on that compliance.

City of Hermosa Beach
CIP 689- Clark Building Renovations SUBMITTAL PROCEDURES 01 3300-5

3. Returned for Re-submittal: When ARCHITECT, or authorized agent, marks a submittal “Rejected, Revise and Resubmit,” do not proceed with Work covered by the submittal, including purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal according to the notations; resubmit without delay. Repeat as necessary to obtain different action mark. In case of multiple submittals covering same items of Work, CONTRACTOR is responsible for any time delays, schedule disruptions, out of sequence Work, or additional costs due to multiple submissions of the same submittal item. Do not use, or allow others to use, submittals marked “Rejected, Revise and Resubmit” at the Project site or elsewhere where Work is in progress.

4. Other Action: Where a submittal is for information or record purposes or special processing or other activity, ARCHITECT, or authorized agent, will return the submittal marked “Action Not Required “.

3.02 SHOP DRAWINGS
A. Shop Drawings are original drawings prepared by CONTRACTOR, Subcontractor, supplier, or distributor illustrating some portion of Work by showing fabrication, layout, setting, or erection and shall not be based on reproduced Contract Documents or copied standard information.

B. Produce Shop Drawings to an accurate scale that is large enough to indicate all pertinent features and methods. Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 24 by 36 inches.

C. Shop Drawings shall include fabrication and installation drawings, setting diagrams, schedules, patterns, templates, and similar drawings. Include the following information:

1. Dimensions.

2. Identification of products and materials included by sheet and detail number.

3. Compliance with specified standards.

4. Notation of coordination requirements.

5. Notation of dimensions established by field measurement.

D. Provide a space of approximately 4 by 5 inches on the label or beside the title block on Shop Drawings to record CONTRACTOR and ARCHITECT review,

City of Hermosa Beach
CIP 689- Clark Building Renovations SUBMITTAL PROCEDURES 01 3300-6
and the action taken. Include the following information on the label for processing and recording action taken:

1. Project name.

2. Date.

3. Name and address of ARCHITECT.

4. Name and address of CONTRACTOR.

5. Name and address of Subcontractor.

6. Name and address of supplier.

7. Name and address of manufacturer.

8. Name and title of appropriate Specification section.

9. Drawing number and detail references, as appropriate.

E. Unless otherwise agreed to or indicated in individual Specification sections, submit a sufficient number of sets to allow for adequate distribution to CONTRACTOR, Sub-Contractor, supplier, manufacturer and fabricators plus four (4) sets (two sets to be retained by ARCHITECT, one set to the INSPECTOR and one set to OAR).

3.03 PRODUCT DATA
A. Collect Product Data into a single submittal for each element of Work or system.

Product Data includes printed information, such as manufacturer’s installation instructions, catalog cuts, standard color charts, roughing-in diagrams and templates, wiring diagrams, schedules, illustrations, or performance curves.

1. Mark each copy to show or delineate pertinent materials, products, models, applicable choices, or options. Where Product Data includes information on several products that are not required, clearly mark copies to indicate the applicable information. Include the following information:
a. Manufacturer’s printed recommendations.
b. Compliance with recognized testing agency standards.

City of Hermosa Beach
CIP 689- Clark Building Renovations SUBMITTAL PROCEDURES 01 3300-7
c. Application of testing agency labels and seals.
d. Notation of dimensions verified by field measurement. e. Notation of coordination requirements.
f. Notation of dimensions and required clearances.
g. Indicate performance characteristics and capacities. h. Indicate wiring diagrams and controls.

2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed by CONTRACTOR.

C. Required Copies and Distribution: Two setsto the AOR and OAR.

3.04 SAMPLES
A. Procedure:

1. Submit Samples of sufficient size, quantity, cured and finished and physically identical to the proposed product or material. Samples include partial or full sections or range of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches denoting color, texture, and/or pattern.
a. Mount or display Samples in the manner to facilitate review of qualities indicated. Include the following:
1) Specification section number and reference.
2) Generic description of the Sample.
3) Sampling source.
4) Product name or name of manufacturer.
5) Compliance with recognized standards.
6) Availability and delivery time.

2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final check of these characteristics with other elements and a

City of Hermosa Beach
CIP 689- Clark Building Renovations SUBMITTAL PROCEDURES 01 3300-8
comparison of these characteristics between the final submittal and the actual component as delivered and installed.
a. Where variations in color, pattern, texture, or other characteristic is inherent in the material or product represented,submit at least three (3) multiple units that show the approximate limits of the variations.
b. Refer to other Specification sections for requirements for Samples that illustrate materials, fabrication techniques, assembly details, connections, operation, and similar construction characteristics. c. Refer to other sections for Samples to be returned to CONTRACTOR for incorporation into the Work. Such Samples must be undamaged at time of installation. On the transmittal indicate special requests regarding disposition of Sample submittals.
d. Samples not incorporated into the Work, or otherwise not designated as Owner property, remain the property of
CONTRACTOR and shall be removed from the Project site prior to Substantial Completion.

3. Color and Pattern: Whenever a choice of color or pattern is available in a specified product, submit accurate color chips and pattern charts to OAR for review and selection.

4. Number Required: Submit six, minimum, of each. Two will be returned to CONTRACTOR.

B. When specified, erect field Samples and mock-ups at the Project site to illustrate products, materials, fabrications, or execution and to establish standards by which completed Work shall be judged.

C. Maintain sets of Samples, as returned, at the Project site, for quality comparisons throughout the course of the Work. Sample sets may be used to obtain final acceptance of the Work associated with each set.

3.05 QUALITY CONTROL SUBMITTALS
A. Submit quality control submittals, including design data, certifications, manufacturer’s field reports, and other quality control submittals as required under other sections of the Contract Documents.

B. When other sections of the Contract Documents require manufacturer’s certification of a product, material, or installation complies with specified

City of Hermosa Beach
CIP 689- Clark Building Renovations SUBMITTAL PROCEDURES 01 3300-9
requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements.

C. Certification shall be signed by an officer of the manufacturer or other individual authorized to sign documents on behalf of the represented company.

D. Requirements for submittal of inspection and test reports are specified in other sections of the Contract Documents.

END OF SECTION

City of Hermosa Beach
CIP 689-Clark Building Renovations

PRODUCT REQUIREMENTS
01 6000-1
SECTION 01 6000

PRODUCT REQUIREMENTS
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. This Section includes administrative and procedural requirements governing selection of products for incorporation into the Work.

1.02 RELATED REQUIREMENTS
A. Section 01 3229 - Project Forms.

B. Section 01 3113 - Project Coordination.

C. Section 01 3300 - Submittal Procedures.

D. Section 01 3213 - Construction Schedule.

E. Section 01 4523 - Testing and Inspection.

F. Section 01 2513 - Product Substitution Procedures.

G. Section 01 7836 - Warranties.

1.03 DEFINITIONS
A. Definitions used in this Section are not intended to change the meaning of other terms used in the Contract Documents, such as “specialties,” “systems,” “structure,” “finishes,” “accessories,” and other similar terms. Such terms are selfexplanatory and have well-recognized meanings in the construction industry.

1. “Products” are items purchased for incorporation into the Work, whether purchased for the Work or taken from previously purchased stock. The term “product” includes the terms “material” and “equipment” and terms of similar intent.
a. “Named Products,” are items identified by the manufacturer’s product name, including make, model number or other designation, shown or listed in the manufacturer’s published product literature, current as of the date of the Contract.

City of Hermosa Beach
CIP 689-Clark Building Renovations

PRODUCT REQUIREMENTS
01 6000-2
b. “Foreign Products,” as distinguished from “domestic products,” are items substantially manufactured (50 percent or more of value) outside the United States and its possessions. Products produced or supplied by entities substantially owned (more than 50 percent) by persons who are not citizens of, nor living within, the United States and its possessions are also considered to be foreign products.

2. “Materials,” are products substantially shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed, or installed to form a part of the Work.

3. “Equipment,” is a product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping.

1.04 SUBMITTALS
A. Material list: Prepare a list in tabular form acceptable to ARCHITECT and/or OAR showing proposed products. Include generic names. Include the manufacturer’s name and proprietary names for each item listed.

1. Coordinate material list with the Construction Schedule and the submittal schedule.

2. Form: Prepare material list with information on each item tabulated under the following column headings.
a. Related Specification Section number.
b. Generic name used in Contract Documents.
c. Proprietary name, model number, and similar designations. d. Manufacturer’s name and address.
e. Supplier’s name and address.
f. Installer’s name and address.
g. Projected delivery date or time span of delivery period.

3. Initial Submittal: Within ten days after execution of each subcontract agreement, as set forth in General Conditions Article 6.23, submit three copies of an initial material list to the ARCHITECT with a copy to the

City of Hermosa Beach
CIP 689-Clark Building Renovations

PRODUCT REQUIREMENTS
01 6000-3
OAR. Provide a written explanation for omissions of data and for known variations from the Contract Documents.

4. ARCHITECT Action: ARCHITECT will respond in writing to OAR within fourteen days and OAR will forward response to CONTRACTOR within sixteen days of receipt of the completed material list. No response outside this period constitutes no objection to listed items but does not constitute a waiver of the requirement that selected items comply with the Contract Documents. ARCHITECT response will include a list of unacceptable item selections, containing a brief explanation of reasons for this action.

1.05 QUALITY ASSURANCE
A. Source Limitations: To the fullest extent possible, provide products of the same kind from a single source.

1. CONTRACTOR is to verify necessary lead times for all materials; however, when specified products are available only from sources that do not, or cannot, produce a quality adequate to complete Work in a timely manner, consult with the ARCHITECT to determine the most important product qualities before proceeding. Qualities may include attributes, such as visual appearance, strength, durability, or compatibility. When a determination has been made, select products from sources producing these qualities, to the fullest extent possible.

B. Compatibility of Options: When the CONTRACTOR is given the option of selecting between two or more products for use in the Work, the product selected shall be compatible with products previously selected, even if previously selected products were also options.

C. Foreign Product Limitations: Except under one or more of the following conditions, provide domestic products, not foreign products, for inclusion into the Work:

1. No available domestic product complies with the Contract Documents.

2. Domestic products that comply with the Contract Documents are available only at prices or terms substantially higher than foreign products that comply with the Contract Documents.

D. Nameplates: Except for required labels and operating data, do not attach or imprint manufacturers or producer's nameplates or trademarks on exposed surfaces of products that will be exposed in view in occupied spaces or on the exterior.

City of Hermosa Beach
CIP 689-Clark Building Renovations

PRODUCT REQUIREMENTS
01 6000-4

1. Labels: Locate required product labels and stamps on concealed surfaces or, where required for observation after installation, on accessible surfaces that are not conspicuous.

2. Equipment Nameplates: Provide a permanent nameplate on each item of service-connected or power-operated equipment. Locate on an easily accessible surface that is inconspicuous in occupied spaces. The nameplate shall contain the following information and other essential operating data:
a. Name of product and manufacturer.
b. Model and serial number.
c. Capacity.
d. Speed.
e. Ratings.

1.06 PRODUCT DELIVERY, STORAGE, AND HANDLING
A. Deliver, store, and handle products according to the manufacturer’s recommendations, using means and methods that will prevent damage, deterioration, and loss, including theft.

1. Schedule delivery to minimize long-term storage at the Project site and to prevent overcrowding of Work spaces.

2. Coordinate delivery with installation time to assure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses.

3. Deliver products to the Project site in an undamaged condition in the manufacturer’s original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing.

4. Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected.

5. Store products at the Project site in a manner that will facilitate inspection and measurement of quantity or counting of units.

City of Hermosa Beach
CIP 689-Clark Building Renovations

PRODUCT REQUIREMENTS
01 6000-5

6. Store heavy materials away from structures in a manner that will not endanger the structure’s supporting construction.

7. Store products subject to damage by the elements above ground, under cover in a weather-tight enclosure, with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required by manufacturer’s instructions.

PART 2 - PRODUCTS

2.01 MATERIAL SELECTION
A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, new at the time of installation.

1. Provide products complete with accessories, trim, finish, safety guards, and other devices and details needed for a complete installation and the intended use and effect.

2. Standard Products: Where available, provide standard products of types that have been produced and used successfully in similar situations on other Projects.

B. Product Selection Procedures: The Contract Documents and governing regulations govern product selection. Procedures governing product selection include the following:

1. Proprietary Specification Requirements: Where Specifications name only a single material or manufacturer, provide the product indicated. No substitutions will be permitted.

2. Semi-proprietary Specification Requirements: Where Specifications name two or more products or manufacturers, provide one of the products indicated. No substitutions will be permitted.
a. Where Specifications specify products or manufacturers by name, accompanied by the term “or equal” comply with General
Conditions Article 6.14 to obtain approval for use of an unnamed product.

3. Descriptive Specification Requirements: Where Specifications describe a product or assembly, list exact characteristics required, with or without use of a brand or trade name, provide a product or assembly that provides the characteristics and otherwise complies with the Contract Documents.

City of Hermosa Beach
CIP 689-Clark Building Renovations

PRODUCT REQUIREMENTS
01 6000-6

4. Performance Specification Requirements: Where Specifications require compliance with performance requirements, provide products that comply with these requirements and are recommended by the manufacturer for the application indicated.
a. Manufacturer’s recommendations may be contained in published material literature or by the manufacturer’s certification of performance.

5. Compliance with Standards, Codes, and Regulations: Where Specifications only require compliance with an imposed code, standard or regulation, select a product that complies with the standards, codes, or regulations specified.

6. Visual Matching: Where Specifications require matching an established Sample, decision of the ARCHITECT will be final on whether a proposed product matches satisfactorily.

7. Visual Selection: Where specified product requirements include the phrase “… as selected from manufacturer’s standard or premium colors, patterns, textures…” or a similar phrase, select a product and manufacturer that complies with other specified requirements. The ARCHITECT will select the color, pattern, and texture from the product line selected.

PART 3 - EXECUTION

3.01 INSTALLATION OF PRODUCTS
A. Comply with manufacturer’s instructions and recommendations for installation of products in the applications indicated. Anchor each product securely in place, accurately located, and aligned with other Work.

B. Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration until Substantial Completion.

END OF SECTION

190325
City of Hermosa Beach PRODUCT PROCEDURES FOR SUBSTITUTION AND “OR EQUAL”
CIP 689- Clark Building Renovations 01 2513-1
SECTION 01 2513
PRODUCT PROCEDURES FOR SUBSTITUTION AND “OR EQUAL”
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. This Section includes administrative and procedural requirements for handling requests for substitutions and “or equal” submitted pursuant to Section V. Contract Documents, subsection C.

1.02 RELATED REQUIREMENTS
A. Section 01 3229: Project Forms.

B. Section 01 3300: Submittal Procedures.

C. Section 01 6000: Product Requirements.

D. Section 01 7700: Contract Closeout.

1.03 APPLICATION
A. OAR will review CONTRACTOR proposed changes in products or materials required by the Contract Documents.

1. Substitutions: OAR will consider requests for substitution if a product is no longer manufactured or the OAR and ARCHITECT, after a diligent search have verified that product or material is not available to CONTRACTOR.

The following are not considered to be valid requests for substitutions:
a. Revisions to the Contract Documents requested by OAR or ARCHITECT.
b. Specified options of products included in the Contract Documents. c. Substitutions requested on a “or equal” basis.

2. “Or Equal”: OAR will consider requests for “or equal” if submitted within the time indicated in Article 6.14 of the General Conditions.

1.04 SUBMITTALS

190325
City of Hermosa Beach PRODUCT PROCEDURES FOR SUBSTITUTION AND “OR EQUAL”
CIP 689- Clark Building Renovations 01 2513-2
A. Transmit submittals as described in related Sections for each request for substitution or “or equal”.

1. Identify the product to be replaced in each request. Include related Specification Section and Drawing number.

2. Provide complete documentation denoting compliance with the requirements for substitutions, and the following information, as appropriate.
a. A detailed comparison of significant qualities of the proposed substitution with those specified in the Contract Documents.

Significant qualities may include elements, such as performance, weight, size, durability, and visual effect.
b. Product Data, including Drawings, descriptions of products, fabrication, and installation procedures.
c. Samples, where applicable or requested.
d. CONTRACTOR certification the proposed substitution or “or equal” conforms to requirements of the Contract Documents in every respect and is appropriate for the applications indicated. e. CONTRACTOR waiver of rights to an increase in the Contract Amount, Milestones and/or Contract Time.

3. If required, OAR and ARCHITECT will request additional information or documentation for evaluation.

4. ARCHITECT will review requests for substitutions and “or equals” and provide a recommendation to OAR.

5. If ARCHITECT accepts proposed substitutions or “or equals” OAR will forward submittals to the OWNER’s Maintenance and Operations Technical Unit for review. OAR will notify CONTRACTOR of acceptance or rejection of the substitution.

6. Where a proposed substitution or “or equal” involves and/or affects more than one Subcontractor, CONTRACTOR shall ensure each Subcontractor cooperates with the other Subcontractor involved to coordinate the Work, provide uniformity and consistency, and assure compatibility of all products.

7. CONTRACTOR submittal and ARCHITECT review of Shop Drawings, Product Data, material lists or Samples do not constitute an acceptable or valid request for substitutions or “or equals”.

190325
City of Hermosa Beach PRODUCT PROCEDURES FOR SUBSTITUTION AND “OR EQUAL”
CIP 689- Clark Building Renovations 01 2513-3

2. PART 2 - PRODUCTS (Not used)

3. PART 3 - EXECUTION

END OF SECTION

111001
City of Hermosa beach
CIP 689- Clark Building Renovations

PROJECT COORDINATION
01 3113-1
SECTION 01 3113

PROJECT COORDINATION
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. This Section specifies administrative and procedural requirements necessary for coordinating Work operations including, but not limited to, the following:

1. General coordination procedures.

2. Coordination drawings.

1.02. RELATED REQUIREMENTS
A. Section 01 3213: Construction Schedule.

B. Section 01 3300: Submittal Procedures.

C. Section 01 4523: Test and Inspection.

D Section 01 4525: Testing, Adjusting, and Balancing for HVAC.

E. Section 01 7700: Contract Closeout.

PART 2 - PRODUCTS (Not used)
PART 3 - EXECUTION

7.01 COORDINATION
A. CONTRACTOR shall coordinate operations included in various sections of Contract Documents to assure efficient and orderly installation of each part of Work. Coordinate Work operations included under related sections of Contract Documents that depend on each other for proper installation, connection, and operation of Work, including but not limited to:

1. Schedule construction operations in sequence required where installation of one part of Work depends on installation of other components, before or after its own installation.

111001
City of Hermosa beach
CIP 689- Clark Building Renovations

PROJECT COORDINATION
01 3113-2

2. Coordinate installation of different components to assure maximum accessibility for required maintenance, service, and repair.

3. Provide provisions to accommodate items scheduled for later installation.

4. Prepare and administer provisions for coordination drawings.

B. Where necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required in notices, reports, attendance at meetings, and:

1. Prepare similar memoranda for OAR and Separate Work Contract where coordination of their Work is required.

C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and assure orderly progress of Work. Such administrative activities include, but are not limited to, following:

1. Preparation of schedules.

2. Installation, relocation, and removal of temporary facilities.

3. Delivery and processing of submittals.

4. Progress meetings.

5. Project closeout activities.

D. Conservation: Coordinate Work operations to assure operations are carried out with consideration given to conservation of energy, water, materials, and:

1. Salvage materials and equipment involved in performance of, but not actually incorporated into Work.

7.02 SUBMITTALS
A. Coordination Drawings: CONTRACTOR shall prepare coordination drawings to coordinate the installation of products and materials fabricated, furnished and installed by separate entities, under different parts of the Contract. CONTRACTOR shall notify OAR and ARCHITECT of all major conflicts in writing in a timely manner so that the design team can respond without construction delays.

Coordination drawings shall address the following at a minimum:

111001
City of Hermosa beach
CIP 689- Clark Building Renovations

PROJECT COORDINATION
01 3113-3

1. Limitations in available space for installation or service. CONTRACTOR shall overlay plans of each trade and verify space requirements and conflicts between trades. Minor changes and adjustments that do not affect design intent shall be made by CONTRACTOR and shall be highlighted for ARCHITECT’S review.

2. Incompatibility between items provided under different trades (such as difference in voltage between equipment specified under Divisions 22 and 23 and electrical power provided under Division 26.)

3. Inconsistencies between drawings, specifications and codes (between trades and within each trade).

4. Additional items required for existing facilities construction projects shall be designed and prepared from available as-built drawings that are verified through non-invasive and non-destructive, visual observation only.

CONTRACTOR shall field verify actual existing conditions during and upon completion of demolition work and incorporate findings into preparation of co-ordination drawings. Minor changes and adjustments that do not affect design intent shall be made by Sub-Contractor and shall be highlighted for OAR and ARCHITECT’S reviews.

B. Prepare coordination drawings in CAD with each trade on a separate layer, in specified color and scale. CONTRACTOR and each Subcontractor shall provide and forward reproducible copies and CAD drawing files in the order described here:

1. Structural shop drawings shall indicate location and sizes of columns, beams and other structural members, as well as wall, roof and slab penetrations, and will be provided to mechanical, electrical, low voltage and plumbing Sub-contractors for co-ordination. Structural items shall be indicated using black lines.

2. HVAC Subcontractor will indicate all ductwork, piping and equipment complete with installation and dimensioned service clearances, duct and pipe sizes, fitting types and sizes, top or bottom of duct and pipe elevations, distances of ducts, pipes and equipment from building reference points and hanger and support locations. Minor changes and adjustments that do not affect design intent shall be made by Subcontractor and shall be highlighted for OAR and ARCHITECT’S reviews. Forward drawings to plumbing Subcontractor for further co- ordination. HVAC items shall be indicated using orange lines.

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City of Hermosa beach
CIP 689- Clark Building Renovations

PROJECT COORDINATION
01 3113-4

3. Plumbing Subcontractor will indicate all plumbing lines, and equipment complete with installation and dimensioned service clearances, pipe sizes, fitting types and sizes, top or bottom of pipe elevations, distances of pipes and equipment from building reference points and hanger/support locations Co-ordinate with HVAC Subcontractor. Minor changes and adjustments that do not affect design intent shall be made by Sub- contractor and shall be highlighted for OAR and ARCHITECT’S reviews Upon completion drawings shall be forwarded to Fire Sprinkler Subcontractor for further coordination. All Plumbing items shall be indicated using blue lines.

4. Fire sprinkler Subcontractor will indicate fire sprinkler piping and equipment complete with installation and dimensioned service clearances, pipe sizes, fitting types and sizes, top or bottom of pipe elevations, distances of pipes and equipment from building reference points and hanger or support locations. Co-ordinate with Plumbing and HVAC Subcontractors.

Minor changes and adjustments that do not affect design intent shall be made by sub-contractors and shall be highlighted for OAR and ARCHITECT’S reviews. Upon completion drawings shall be forwarded to Electrical CONTRACTOR for further co-ordination. Fire sprinkler equipment shall be indicated using red lines.

5. Electrical and Low Voltage Subcontractors will indicate service and feeder conduit runs and other electrical equipment complete, including low voltage with installation and dimensioned service clearances, sizes, top or bottom of conduit and rack elevations, distances of conduits and equipment from building reference points and hanger and support locations. Coordinate with Fire Sprinkler, Plumbing and HVAC Subcontractors. Minor changes and adjustments that do not affect design intent shall be made by sub-contractors and shall be highlighted for OAR and ARCHITECT’S reviews. Upon completion drawings shall be forwarded to CONTRACTOR for further co-ordination. Electrical work shall be indicated in dark green lines. Low voltage work shall be indicated in light green lines.

6. CONTRACTOR will be responsible for the overall coordination review. As each coordination drawing is completed, CONTRACTOR will meet with OAR to review and resolve all conflicts on coordination drawings.

7. Coordination meetings will be held in Project field office of CONTRACTOR. CONTRACTOR is required to distribute Shop Drawings, cut sheets and submittals to Subcontractors where appropriate. Reviewed coordination drawings will be maintained in Project field office

111001
City of Hermosa beach
CIP 689- Clark Building Renovations

PROJECT COORDINATION
01 3113-5
of CONTRACTOR. Meeting minutes shall be developed by
CONTRACTOR and submitted to OAR within 5 days.

END OF SECTION

City of Hermosa Beach
CIP 689- Clark Building Renovations SUMMARY OF WORK
01 1100-1
SECTION 01 1100

SUMMARY OF WORK
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. The furnishing of all labor, materials, equipment, services, and incidentals necessary for Work of the Clark Building Renovations Project (CIP 689) located at 861 Valley Drive, Hermosa Beach, CA. 90254 as set forth in the Construction Documents which include, but are not limited to, the Drawings, Addenda and Specifications.

1.02 RELATED REQUIREMENTS:

1. Section 01 2300: Alternates (Bid Items).

2. Section 01 3113: Project Coordination.

3. Section 01 3229: Project Forms.

4. Section 01 3213: Construction Schedule.

5. Section 01 4525: Testing, Adjusting, and Balancing for HVAC.

6. Section 01 5000: Construction Facilities and Temporary Controls.

7. Section 01 7123: Field Engineering.

PART 2 - PRODUCTS (Not used)
PART 3 - EXECUTION

3.01 USE OF PREMISES
A. CONTRACTOR shall coordinate Work of all trades, Subcontractors, utility service providers, with OWNER and/or Separate Work Contract. CONTRACTOR shall sequence, coordinate, and perform the Work to impose minimum hardship on the operation and use of the existing facilities and/or Project site. CONTRACTOR shall install all necessary protection for existing improvements, Project site, property, and

City of Hermosa Beach
CIP 689- Clark Building Renovations SUMMARY OF WORK
01 1100-2
new Work against dust, dirt, weather, damage, vandalism, and maintain and relocate all protection to accommodate progression of the Work.

B. CONTRACTOR shall confine entrance and exiting to the Project site and/or facilities to routes designated by the OAR.

C. Within existing facilities, OWNER will remove portable equipment, furniture, and supplies from Work areas prior to the start of Work. CONTRACTOR shall cover and protect remaining items in areas of the Work.

D. CONTRACTOR is advised school may be in session during performance of the Work.

CONTRACTOR shall utilize all available means to prevent generation of unnecessary noise and maintain noise levels to a minimum. When required by the OAR, CONTRACTOR shall immediately discontinue noise-generating activities and/or provide alternative methods to minimize noise generation. CONTRACTOR shall install and maintain air compressors, tractors, cranes, hoists, vehicles, and other internal combustion engine equipment with mufflers, including unloading cycle of compressors.

CONTRACTOR shall discontinue operation of equipment producing objectionable noise as required by the OAR.

E. CONTRACTOR shall furnish, install, and maintain adequate supports, shoring, and bracing to preserve structural integrity and prevent collapse of existing improvements and/or Work modified and/or altered as part of the Work.

F. CONTRACTOR shall secure building entrances, exits, and Work areas with locking devices as required by the OAR.

G. CONTRACTOR assumes custody and control of OWNER property, both fixed and portable, remaining in existing facilities vacated during the Work.

H CONTRACTOR shall cover and protect surfaces of rooms and spaces in existing facilities turned over for the Work, including OWNER property remaining within as required to prevent soiling or damage from dust, dirt, water, and/or fumes. CONTRACTOR shall protect areas adjacent to the Work in a similar manner. Prior to OWNER occupancy, CONTRACTOR shall clean all surfaces including OWNER property.

I. CONTRACTOR shall not use or allow anyone other than OWNER employees to use facility telephones and/or other equipment, except in an emergency. CONTRACTOR shall reimburse OWNER for telephone toll charges originating from the facility except those arising from emergencies or use by OWNER employees.

J. CONTRACTOR shall protect all surfaces, coverings, materials, and finished Work from damage. Mobile equipment shall be provided with pneumatic tires.

City of Hermosa Beach
CIP 689- Clark Building Renovations SUMMARY OF WORK
01 1100-3
K. CONTRACTOR is advised OWNER will award Separate Work Contracts at this Project site.

L. CONTRACTOR shall not permit the use of portable and/or fixed radio’s or other types of sound producing devices including walkmans and similar devices.

3.02 PROPERTY INVENTORY
A. Property, OWNER intends to remove; will be removed by OWNER before a room or space is vacated for the Work. Before performing Work in each room or space, OAR and CONTRACTOR shall prepare a detailed initial written inventory of OWNER property remaining within, including equipment and telephone instruments and the condition thereof. OAR and CONTRACTOR shall retain a signed copy of the inventory dated and signed by both parties. Prior to subsequent OWNER occupancy of each such room or space, OAR and CONTRACTOR shall perform a final inventory of OWNER property and all discrepancies between the initial inventory and final inventory shall be the responsibility of CONTRACTOR.

3.03 FURNITURE, FIXTURES AND EQUIPMENT (MATERIALS) OWNER

FURNISHED CONTRACTOR INSTALLED (OFCI)
A. Certain materials identified in the Contract Documents as OWNER Furnished CONTRACTOR Installed, OFCI, will be delivered to the Project site by the OWNER.

B. If designated in the Contract Documents to be OWNER furnished CONTRACTOR installed, (OFCI), CONTRACTOR shall unload, store, uncrate, assemble, install, and connect OWNER supplied materials.

C. One-Hundred and Twenty days before the date the CONTRACTOR needs to have the OFCI materials on site, CONTRACTOR shall notify OWNER of the scheduled date for needed OFCI materials. Upon delivery to Project site, CONTRACTOR shall store OFCI materials inside rooms and/or protected spaces and will be responsible for security of OFCI materials until Substantial Completion. OAR will sign receipt or bill of lading as applicable.

D. CONTRACTOR shall, within ten days after delivery, uncrate and/or unpack OFCI materials in presence of OWNER who shall inspect delivered items. OWNER shall prepare an inspection report listing damaged or missing parts and accessories. OWNER shall transmit one copy of the report to CONTRACTOR. OWNER will procure and/or replace missing and or damaged OFCI materials, as indicated in inspection report.

City of Hermosa Beach
CIP 689- Clark Building Renovations SUMMARY OF WORK
01 1100-4
E. CONTRACTOR shall install OFCI materials in the locations and orientation as indicated in the Contract Documents. CONTRACTOR shall verify exact locations with OAR before final installation of OFCI materials.

F. If required, OAR will furnish setting and or placement drawings for OFCI materials.

G. CONTRACTOR shall install OFCI materials by proper means and methods to ensure an installation as recommended by the manufacturer. CONTRACTOR shall furnish and install all necessary fasteners and required blocking to properly install OFCI materials.

H. CONTRACTOR shall install OFCI materials with manufacturer recommended fasteners for the type of construction to which the OFCI materials are being fastened and/or anchored.

I. CONTRACTOR shall provide final connections of any electrical, signal, gas, water, waste, venting and/or similar items to OFCI materials. CONTRACTOR shall, prior to final connection, verify the operating characteristics of OFCI materials are consistent with the designated supply.

3.04 FURNITURE, FIXTURES AND EQUIPMENT (Materials) - OWNER furnished, OWNER installed (OFOI)
A. Certain materials are identified in the Contract Documents as OWNER Furnished, OWNER Installed (OFOI)
B. On dates and during times designated by OWNER, CONTRACTOR shall provide clear off-loading, receiving, protected storage, and OWNER’S dumpster space areas for the use of OWNER or OWNER’S third party OFOI installation contractors. At such times, CONTRACTOR shall also make clear routes and access available to all rooms and spaces to receive OFOI materials.

C. On dates and during times designated by OWNER, CONTRACTOR shall provide access to the elevators for use of OWNER or OWNER’S third party OFOI installation contractors.

D. CONTRACTOR shall cooperate fully with OWNER or OWNER’S third part OFOI installation contractors.

E. CONTRACTOR may be requested by OWNER to provide supplemental labor and equipment to support OFOI activities. Such requests must be submitted in accordance with the change order clauses of Contract.

City of Hermosa Beach
CIP 689- Clark Building Renovations SUMMARY OF WORK
01 1100-5
F. Immediately prior to mobilization of OWNER or OWNER’S third party OFOI installation contractors, OWNER shall document the condition of the Work in areas to be utilized for OFOI activities.

G. CONTRACTOR shall not be responsible for damage caused by OWNER or OWNER’S forces. OWNER shall document the condition of the Work and report to CONTRACTOR any damage in areas utilized for OFOI activities.

END OF SECTION

City of Hermosa Beach
CIP 689- Clark Building Renovations

FIELD ENGINEERING
01 7123-1
SECTION 01 7123

FIELD ENGINEERING
PART 1 - GENERAL

1.01 SUMMARY
A. Section Includes:

1. Layout of the work

2. Verification of work
a. OWNER reserves the right to verify any work that INSPECTOR deems necessary.
b. Other sections that require Surveyor to verify or measure installed work and related item. Surveyor shall perform such verifications or measurements at CONTRACTOR’S expense. CONTRACTOR shall
furnish a certification, signed by both Surveyor and CONTRACTOR, to INSPECTOR.

B. Related Requirements:

1. Section 01 1100 - Summary of Work.

2. Section 01 3113 - Project Coordination.

3. Section 01 3213 - Construction Schedule.

4. Section 01 3300 - Submittal Procedures.

5. Section 01 7700 - Contract Closeout.

1.02 SURVEY CONTROLS
A. Vertical Control shall use same benchmark used in the preparation of topographic survey. When Work consists of both on-site and off-site and benchmarks differ, an equation shall be indicated on Drawings.

B. Horizontal control for existing structures shall be the property line.

1.03 LAYOUT OF WORK

City of Hermosa Beach
CIP 689- Clark Building Renovations

FIELD ENGINEERING
01 7123-2
A. All work related to staking shall be by a Land Surveyor, or Civil engineer, registered with the State of California to perform land surveying and employed by CONTRACTOR.

B. Before commencement of Work, surveyor shall locate all reference points and benchmarks to be used for vertical and horizontal control.

C. Surveyor shall lay out entire Work, set grades, lines, levels, control points, elevations, grids and positions.

1.04 RECORD DOCUMENTS
A. Maintain complete and accurate log of all control and survey documentation as work progresses.

B. Record, by coordinates, all utilities onsite with top of pipe elevations, at major grade and alignment changes, rim, grate or top of curb and flow line elevations of all drainage structures and sewer manholes.

C. Indicate reference and control points on record drawings. The basis of elevation shall be one of the established benchmarks.

D. Upon Substantial Completion, obtain and pay for reproducible plans. Deliver plans to OAR. Clearly indicate all differences between original drawings and completed work within specified tolerances.

1.05 SUBMITTALS
A. Surveyor: Shall submit name, address and license number to OWNER, including any changes as they occur.

B. Field notes: Upon request by OAR, submit copies of cut sheets, coordinate plots, data collector printouts, marked-up construction staking plans and other documentation as available to verify accuracy of field engineering work during and at completion of project. Submittals to OWNER must be signed and sealed by Surveyor and countersigned by CONTRACTOR C. Statement of Compliance: CONTRACTOR shall submit a statement of certification signed and sealed by Surveyor, counter-signed by CONTRACTOR indicating compliance with grades and alignment of construction plans at rough grade, fine grade and top of rock stages. INSPECTOR shall approve survey submittals for each stage of construction prior to proceeding with work
D. Upon Substantial Completion, CONTRACTOR shall obtain and pay for reproducible survey drawings (or “As Built”).

City of Hermosa Beach
CIP 689- Clark Building Renovations

FIELD ENGINEERING
01 7123-3
E. Completed record drawings shall be signed and certified as correct and within specified tolerances by licensed surveyor. Originals and two sets of blueprints shall be submitted to OWNER.

PART 2-PRODUCTS – NOT USED
PART 3-EXECUTION

3.01 PREPARATION
A. Pre-mark areas of excavation in accordance with the requirements of “Dig-Alert”.

Request locators 2 days before commencing excavation.

B. Before commencing Work, establish all horizontal and vertical reference points used in Contract Documents according to existing field conditions.

C. Preserve established reference lines and benchmarks.

D. Differentiate school and city datum as applicable.

E. Relocate bench marks that may interfere with Work.

F. Reset and re-establish reference marks damaged or lost during construction.

3.02 SURVEY REQUIREMENTS GENERAL
A. Establish a minimum of two permanent horizontal and vertical control points on Project site, remote from construction area, referenced to data established by control points.

B. Indicate reference points, relative to benchmark elevation, on record drawings.

C. Provide grade stakes and elevations to construct over excavation and re-compaction, rough and final grades, paved areas, curbs, gutters, sidewalks, building pads, landscaped areas, and other areas as required.

D. Calculate and layout proposed finished elevations and intermediate controls as required to provide smooth transitions between spot elevations indicated on Drawings.

E. Provide stakes and elevations for grading, fill, and topsoil placement.

F. Provide adequate horizontal and vertical control to locate utility lines, including but not limited to, storm, sewers, water mains, gas, electric and signal and provide vertical control in proportion to the slope of the line as required for accurate construction. Dry utilities will be based upon adequate horizontal and vertical control layout. Prior to

City of Hermosa Beach
CIP 689- Clark Building Renovations

FIELD ENGINEERING
01 7123-4
trench closure, survey and record invert and flow line elevations. Survey and record top of curb and flow line elevations on finished concrete or asphaltic concrete (AC) surfaces at key locations such as beginning-of-curve (BC), end-of-curve (EC), grade breaks, corners or angle points in sufficient number to demonstrate the Work complies with the intent of the Contract Documents.

G. Provide horizontal and vertical control for batter boards for drainage, utility, and other on-site structures as required.

H. Furnish building corner offsets as required to adequately locate building pads. Provide cut and fill stakes within the building pad perimeter adequate to control both over excavation and re-compaction and the final sub-grade elevation of the building pad.

I. Submit a certification signed by the surveyor confirming the elevations and locations of improvements are in conformance with the Contract Documents. The statement shall include survey notes for the finish floor and building pad, showing the actual measured elevations on the completed sub-grade, recorded to the nearest 0.01 of a foot. Building pad tolerance will be plus or minus 0.1 of a foot.

J. Establish a minimum of two permanent horizontal and vertical control points on Project site, remote from building area, referenced to data established by survey control points.

K. Mark boundaries for rights-of-way dedications and easements for utilities prior to making location of buildings and utilities.

L. Layout all lines, elevations and measurements needed for construction or installation of buildings, grading, paving utilities according to the following:

1. Identify site boundary, property lines.

2. Provide working benchmarks.

3. Set stakes for Bottom of Excavated Plane (B.E.P.).

4. Set gridlines, radii, working points etcetera, for foundation.

5. Set and verify building pad elevations.

6. Set finish floor elevations.

7. Stake location and elevations for exterior ramps and stairs.

8. Set gridlines, radii, working points, etcetera, for all floors of multi-story buildings.

City of Hermosa Beach
CIP 689- Clark Building Renovations

FIELD ENGINEERING
01 7123-5

9. Set storm drain and sanitary sewer inverts and other utilities as needed at 5- foot off-set from building lines.

10. For new facilities, establish permanent onsite Benchmark with 2-inch diameter brass disk. Location of Benchmark to be determined by OWNER.

3.03 SURVEY REQUIREMENTS FOR GRADING
A. Provide grade stakes and elevations as follows:

1. Removal limits (cut lines).

2. Rough grade staking: 60-foot maximum grid plus additional stakes at grade changes and pertinent locations. Flag all grade changes including ridges, flow lines and grade breaks.

3. Fine grade for top of dirt: 30-foot maximum grid plus additional stakes at grade changes and pertinent locations. Flag all grade changes including ridges, flow lines and grade breaks.

4. Verify fine grade for top of rock: 30-foot maximum grid plus additional stakes at grade changes and pertinent locations. Flag all grade changes including ridges, flow lines and grade breaks.

5. Finish grade marks on all buildings, structures and at pertinent locations

6. Finish grades and offsets for all concrete work, utilities, landscape areas, and structures.

7. Provide controls and baselines for playground striping.

8. Offsite improvements: set grades and provide grade sheets as required by local authorities.

B. Provide a minimum of two permanent horizontal and vertical control points onsite, remote from building area, referenced to data established by survey control points.

3.04 SURVEY REQUIREMENTS FOR UTILITIES
A. Locate “wet” utility lines and provide vertical control proportionate to slope of line as required for accurate construction. “Dry” utilities shall have adequate horizontal and vertical control layout supplied by others.

B. Prior to back-filling trench, survey and record invert and flow line elevations. Survey and record top of curb and flow line elevations on finished surfaces at key locations

City of Hermosa Beach
CIP 689- Clark Building Renovations

FIELD ENGINEERING
01 7123-6
(such as Back of Curbs, grade breaks, corners or angle points) in sufficient number to demonstrate Work complies with intent of Contract Documents.

C. Provide horizontal and vertical control for batter boards for drainage, utility, and other on-site structures as required.

1. Set grades for vaults one inch higher than adjacent surrounding design grades, unless noted otherwise.

D. Leave all trenches open until required inspection is completed.

3.05 SURVEY REQUIREMENTS FOR STRUCTURES
A. Furnish building corner offsets as required to adequately locate building pads. Provide cut and fill stakes within building pad perimeter adequate to control both over excavation and re-compaction and final sub-grade elevation of building pad.

B. Submit a certification signed by surveyor confirming elevations and locations of improvements are in conformance with Contract Documents. Statement shall include survey notes for finish floor and building pad, showing actual measured elevations on completed sub-grade, recorded to nearest 0.01 of a foot. Building pad tolerance will be plus or minus 0.1 of a foot.

END OF SECTION

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City of Hermosa Beach
CIP 689- CLARK BUILDING RENOVATIONS CONSTRUCTION SCHEDULE 01 3213-1
SECTION 01 3213

CONSTRUCTION SCHEDULE
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. Required procedures, preparation,submittals, reviews, updates, and revisionsto the cost/schedule integrated construction schedule. The purpose of this section is to:

1. Ensure adequate planning and execution of the Work by CONTRACTOR.

2. Establish a standard against which satisfactory completion of the Project can be measured by OWNER.

3. Assist CONTRACTOR and OAR in monitoring progress.

4. Aid in assessing the impact of any changes to the Contract.

5. Provide justification for progress payments.

1.02 RELATED REQUIREMENTS
A. Section 01 1100: Summary of Work.

B. Section 01 2300: Alternates (Bid Items).

C. Section 01 2973: Schedule of Values.

D. Section 01 2976: Progress Payment Procedures.

E. Section 01 3113: Project Coordination.

F. Section 01 3300: Submittal Procedures.

G. Section 01 4523: Testing and Inspection.

H. Section 01 4525: Testing, Adjusting, and Balancing for HVAC.

I. Section 01 5000: Construction Facilities and Temporary Controls.

J. Section 01 7700: Contract Closeout.

K. Section 01 7836: Warranties.

PART 2 – PRODUCT

2.01 SCHEDULING SOFTWARE
A. CONTRACTOR shall utilize an OWNER approved Scheduling Software (P6) to employ the Critical Path Method (CPM) in the development and maintenance of the construction schedule. The scheduling software shall be capable of being resource loaded with manpower, costs and materials. It shall also be capable of generating time-scaled logic diagrams.

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City of Hermosa Beach
CIP 689- CLARK BUILDING RENOVATIONS CONSTRUCTION SCHEDULE 01 3213-2
B. All schedule calculation rules, auto cost rules and resource calculation rules shall be in a format acceptable to OAR. When schedule calculations are performed, the “Retained Logic” setting shall be used. CONTRACTOR shall use the zero “Decimal Places” setting.

PART 3 – EXECUTION

3.01 SUBMITTALS
A. CONTRACTOR shall retain a construction scheduler to work in enough capacity to perform all of the requirements outlined in this Section. Contractor will cooperate with OAR and shall be available on site for monitoring, maintaining and updating schedules in a timely manner.

B. CONTRACTOR shall submit two color originals and three copies of all bar charts, reports and/or other required schedule data as outlined in this Section.

CONTRACTOR shall electronically deliver the schedule file in its original format at the time of submittal.

C. CONTRACTOR shall attend a pre-construction scheduling conference with OAR.

Contractor shall then develop and submit the Preliminary Construction Schedule within 14 days after Notice of Award. .

D. CONTRACTOR shall submit the Proposed Baseline Schedule no later than thirty days from the Notice to Proceed.

E. CONTRACTOR shall submit the Monthly Schedule Updates, Four-Week Rolling Schedules, and Recovery Schedules as required.

3.02 PRELIMINARY CONSTRUCTION SCHEDULE
A. The purpose of the cost-loaded Preliminary Construction Schedule is to provide a interim mechanism in which to measure performance on individual activities and to validate the CONTRACTOR’S monthly Application for Payment on work performed (starting with month one) during the first three months of the job until the complete Baseline Schedule is approved by the OAR.

B. CONTRACTOR shall develop and submit a cost loaded Preliminary Construction Schedule as required by this Section. It shall be submitted in computer generated network format and shall be organized by Activity Codes representing the CONTRACTOR’S intended sequencing of the Work. The Preliminary Construction Schedule shall include activities for the first 90 calendar days following the NTP such as mobilization, preparation of submittals, specified review periods, procurement items, fabrication items, milestones, and detailed construction activities.

C. Upon OAR’S acceptance of the Preliminary Construction Schedule, CONTRACTOR shall update the accepted Preliminary Construction Schedule each month (beginning with month 1) and submit these updates until CONTRACTOR’S Baseline Schedule is fully developed and accepted. Since updates to Preliminary

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City of Hermosa Beach
CIP 689- CLARK BUILDING RENOVATIONS CONSTRUCTION SCHEDULE 01 3213-3
Construction Schedule are the basis for payment to CONTRACTOR during the first three-month period, submittal and acceptance of such updates shall be a condition precedent to making of monthly payment, as referenced in General Conditions.

D. Provide a written narrative describing CONTRACTOR’S approach to mobilization, procurement, and construction during the first 90 calendar days including crew sizes, equipment and material delivery, site access, submittals, and permits.

E. If the project is of a short duration and it would be more beneficial for the CONTRACTOR to forego the preliminary 90 day schedule, then upon CONTRACTOR request and OAR written Approval, the CONTRACTOR may go straight into development of the Baseline Schedule for the entire project. This will need to be implemented expeditiously in order to not impede the processing of the monthly pay applications. Approval of the Baseline schedule and first monthly update is precedent of the monthly pay application.

3.03 SCHEDULE OF VALUES
A. CONTRACTOR shall cost load activities in the Construction Baseline Schedule and allocate costs to the cost accounts of all activities. The cost accounts shall match the CSI sections listed in the Table of Contents of the Specifications. The format shall be coordinated with Specification Section 01 2973 (Schedule of Values) and Specification Section 01 2976 (Progress Payment Procedures).

B. Submit a computer generated report from the Construction Baseline Schedule. The report shall contain the following data for each activity: Cost Account Number (by CSI section), Cost Account Description, Cost Account Budget, Cost to Date, Cost this Period, and Cost to complete. Total costs shall be organized and totaled by CSI section. This report shall be the source of the data CONTRACTOR reports on the Schedule of Values.

C. The cost loading associated with the activities shall be based on CONTRACTOR estimates of costs that CONTRACTOR will incur performing the specific activities.

If OAR determines that the costs are front loaded and/or the distribution of costs is unreasonable, CONTRACTOR shall revise accordingly and resubmit the Schedule of Values within five (5) days for OAR review.

3.04 BASELINE SCHEDULE CPM NETWORK
A. No later than twenty one days from the Notice to Proceed CONTRACTOR shall submit a detailed Proposed Baseline Schedule that covers the entire duration of the Project. This schedule shall convey CONTRACTOR’S plan for organizing, managing, and executing the Work.

1. The Proposed Baseline Schedule shall include activity descriptions, sequencing, logic relationships, duration estimates, cost loading by CSI section in accordance The Proposed Baseline Schedule shall include all Milestones, as well as all activities required to achieve timely completion of the Milestones.

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2. The Proposed Baseline Schedule shall include activities for: all construction activities, the NTP, Milestones, submittals, coordination drawings, re-submittals, procurement of materials and equipment, manufacturing, fabrication & delivery, owner furnished contractor installed items (OFCI), access restrictions, work restrictions, phased occupancy, testing, start-up, and contract closeout activities. The Proposed Baseline Schedule shall allow a period for OAR and ARCHITECT to review each submittal and additional time for OWNER reviews and deferred submittal reviews.

3. The Proposed Baseline Schedule shall include start and completion dates for: temporary facilities, construction of mock-ups, prototypes, samples, punch list, OWNER interfaces and furnishing of items, separate work contracts, regulatory agency approvals, and permits required for performance of the Work.

4. The Proposed Baseline Schedule shall allow for all foreseeable factors and risks which affect performance of the Work. Include allowances for weather conditions, applicable laws, transportation, traffic, air quality, noise, or any other applicable regulatory requirements.

5. CONTRACTOR shall not use any float suppression techniques such as preferential sequencing or logic, special hidden lag time between activities or milestones, float absorption activities, or unjustifiable over-estimating of activity durations in preparing the Proposed Baseline Schedule. Finish Milestones should be constrained to a “Finish on or before” constraint. No “Zero Free Float” constraints, No “Early” Constraints, and No “Mandatory Finish” constraints shall be utilized.

6. The Proposed Baseline Schedule shall include activity durations based on the crew sizes and equipment utilization that CONTRACTOR will maintain during the Project. Non-construction activities such as procurement, delivery, or submittal activities are exempted. CONTRACTOR will need to perform their due-diligence to make sure that the activity man-power loading and activity durations are directly integrated.

7. CONTRACTOR shall include with the Proposed Baseline Schedule a written narrative report sufficiently comprehensive to explain the rationale behind CONTRACTOR’S approach to the Work including but not limited to: activity durations, manpower flow, average crew sizes (by trade), equipment requirements, anticipated production rates, constraints, holidays and other non-work days, potential problem areas, permits, coordination with regulatory authorities, utilities, separate work contracts and other parties, and long lead delivery items requiring more than thirty days from the date of order to delivery to the Project site.

B. At the OAR’S request, furnish a detailed written explanation of CONTRACTOR’S basis for specific durations, logic, phasing, or other information. Such an explanation shall include CONTRACTOR’S rationale for selecting the number of

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crews, crew composition, number of shifts per day, number of hours in a shift, number of work days per week, construction equipment, and similar factors.

C. The Proposed Baseline Schedule activities shall contain the following data:

1. Activity ID numbers shall consist of a built-in intelligence scheme.

Following OAR acceptance of the Baseline Schedule, Activity ID numbers shall not be changed.

2. Activity Descriptions shall provide adequate information that readily identifies each activity, work scope, and location.

3. At a minimum, activity codes shall be applied to each activity. This is at the activity level and is different than WBS coding structure.

4. Cost accounts (in CSI Master Format) and Resource accounts shall be applied to each activity. They shall include lump sum costs, and manhours/man-days (where applicable).

D. At OAR’S request, furnish a written explanation for each lead or lag relationship and each constrained date. Unjustifiable leads, lags, and constraints will result in OAR’S rejection of the Proposed Baseline Schedule.

E. Calendar Identification: In the scheduling software, identify all activities that will require overtime shifts, double shifts, and work on weekends or holidays. Identify non-work days and holidays in the schedule calendar. No holiday or non work-day restrictions are permitted on this calendar. The Calendar coding shall be transferable and compatible with the OWNER calendars as to not distort any start/finish dates and “total float” values upon schedule re-calculation.

F. Activity Codes: As a minimum, the Activity Codes shown in the Table 1 below shall be assigned to each activity.

Table 1
Name Length Description
TYPE 2 Type of activity (for example: mobilization, submittals, procurement/fabrication, construction, milestones, etcetera.) AREA 2 Area or Building (for example: Bldg A, Building B, Courtyard, Athletic Fields, Street Work, etcetera.)
STAG 2 Stage (for example: Foundations, Superstructure, Exterior, Interior, Roof, Floor Number etcetera.)
SBST
RESP
2 7
Substage (a specific area within a stage such as: main
electrical room, kitchen, room number, etcetera.)
Responsible Party (subcontractor and/or trade)
DIV 2 CSI Division
SPEC 5 CSI Specification Section number

1. OAR may require additional coding of activities. The mandatory activity code requirements listed in Table 1 are not to be construed as setting limits on CONTRACTOR’S management and coordination responsibilities, but

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are intended to guide CONTRACTOR in the administration of its contractual responsibilities.

G. Milestones: are designated dates in which Work or portions thereof are required to start and complete in accordance with the Contract Documents.

1. Where the term completion or similar terms are used in regards to a Milestone, it shall be construed to mean all portions of the Work in the indicated phase, area, and zone are complete and acceptable to OAR. Where the term start or similar terms are used in the designation of a Milestone, it shall be construed to mean a portion of the Work in the indicated phase, area, or zone is required to be commenced.

2. A Proposed Baseline Schedule extending beyond the Milestones or Contract Time will not be acceptable.

3. Finish Milestones shall be constrained with “Finish on or before” type constraints.

4. A Proposed Baseline Schedule indicating Work completed in less time than the Milestones and/or Contract Time will not be acceptable. Rather, CONTRACTOR shall show any unused contract time as float available to the project.

5. Milestones shall be placed on a calendar with seven days per week. No Holiday or non work-day restrictions are permitted on this calendar.

H. The Critical Path shall be clearly indicated on all schedules submitted. An activity is defined as critical when it is shown to be on the longest path from beginning to end.

I. CONTRACTOR shall allow for inclement weather in the Proposed Baseline Schedule by incorporating an activity titled “Rain Day Impact Allowance” as the last activity prior to the Substantial Completion Milestone. No other activities may be concurrent with it. The duration of the Rain Day Impact Allowance activity will be based on Table #2 below, and will be calculated from the Notice to Proceed until the original date of Substantial Completion.

1. When inclement weather at the Project site impacts Critical Path activities, CONTRACTOR may provide the OAR with a written request for a weather

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impact day describing the inclement weather delay on the Critical Path activities. The inclement weather delay must be clearly indicated by a 70 percent decrease in the field labor workforce hours on Critical Path activities on the day in question as indicated by CONTRACTOR’S Daily reports from the day in question and the scheduled work days prior to the day in question. Upon OAR’S independent confirmation of the amount of rainfall and impact, OAR will authorize CONTRACTOR to reduce the duration of the Rain Day Impact Allowance by one day.

2. Inclement weather on non-scheduled workdays shall not be granted as weather impact days. If CONTRACTOR asks to work a specific weekend or holiday and gives OAR advanced, written notification of critical path work to be performed and a substantial amount of precipitation occurs that prevents the work from being performed, then that day can be claimed as a weather impact day. If the effects of inclement weather from a nonscheduled work day carry forward to a scheduled work day and impacts the Critical Path as noted above, then the scheduled work day will be considered impacted by weather. Any unused rain day allowance at the end of the project will be shown as available float to the Substantial Completion Milestone. Excusable, non-compensable time extensions will be granted for inclement weather to Substantial Completion milestone only after the weather impact area affecting the critical path work has exhausted the allotted cumulative Rain Day Impact Allowance. On projects that have multiple phases with defined start & finish dates, the cumulative rain impact allowance may be split up (pro-rated) into their designated phases upon OAR Approval.

J. Cost loaded Activities:

1. Each activity included in the Proposed Baseline Schedule shall be assigned the cost CONTRACTOR estimates it will incur performing that activity.

Each activity’s assigned cost will be inclusive of overhead and profit so CONTRACTOR’S total overhead and profit is distributed over all activities on a pro rata basis. The sum of the costs assigned to activities shall equal the total contract value. No activity costs shall be assigned to manufacturing or delivery activities unless approved by OAR. If OAR finds that the costs are front loaded and the distribution of costs is unreasonable, CONTRACTOR shall re-distribute the costs and resubmit the revised Schedule of Values within five days for OAR backcheck.

2. CONTRACTOR shall cost load activities in the Proposed Baseline Schedule and allocate costs to related resource/cost accounts associated with each activity. The cost accounts shall match the CSI sections listed in the Table of Contents of the Specifications. The format shall be coordinated with Specification Section 01 2973 (Schedule of Values), and Specification Section 01 2976 (Progress Payment Procedures). All cost-loaded activities shall roll-up to their designated CSI sections and shall be the basis for the

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data reported in the Schedule of Values (Section 01 2973) and Progress Payment Procedures (Section 01 2976).

3. Submit computer generated reports using the scheduling software which will be the basis for the approved Schedule of Values. The reports shall contain the following data for each activity: Cost/Resource Account Number (by CSI section), Cost/Resource Account Description, Cost/Resource Account Budget, Cost to Date, Cost this Period, and Cost at Completion. Total Costs shall be organized and totaled by CSI section.

K. CONTRACTOR shall submit computer generated reports and plots with the Proposed Baseline Schedule submittal package. Format shall display the following columns: Activity ID, Activity Description, Original Duration, Remaining Duration, Percent Complete, Early Start, Early Finish, Late Start, Late Finish, and Total Float. Unless otherwise noted, bar charts and reports shall be on 8 ½ by 11 paper and bound.

1. Color Bar charts shall be generated separately for:
a. Milestones only.
b. All Activities sorted by Early Start date and organized by Project, Area, Stage, and Substage. (The network shall be organized to show continuous flow of all activities from left to right). CONTRACTOR is reminded that during the monthly schedule update process, even the activities that have already been completed need to be shown in this “all activities” bar chart report.
c. Activities sorted by Responsibility.
d. Summary level of all activities sorted by craft/trade and area. e. Critical Path (Longest Path). The network shall be organized to show continuous flow of all critical activities on the longest path from left to right (sorted by early start).

2. Reports:
a. Total Float sorted low to high.
b. Predecessors and Successors sorted by Activity ID.
a. same graph. The Total Costs shall be based on the Early Dates option.
man-power loading is realistic and adequate based on material /labor cost estimates.

3. Provide a written narrative as requested by the AOR.

4. Electronic data: Provide an electronic file in its original format of the Schedule.

L. OAR will notify CONTRACTOR of any adjustments that are required for the Proposed Baseline Schedule to be accepted. CONTRACTOR shall perform any

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required adjustments to the Proposed Baseline Schedule and resubmit it for acceptance certifying in writing that all information contained therein complies with the Contract Documents. OAR will review the Proposed Baseline Schedule for accuracy, reasonableness, and conformance with the Contract Documents and shall provide comments within ten days of receipt. Within five days after receiving OAR comments, CONTRACTOR shall both incorporate changes to address OAR concerns and resubmit the Proposed Baseline Schedule for OAR backcheck. This process will continue until the Proposed Baseline Schedule is accepted as the Baseline Schedule. Once accepted by OAR, the Baseline Schedule will be the basis upon which CONTRACTOR shall prepare updates that record and report actual performance and progress. The accepted Baseline Schedule and subsequent Monthly Updates shall be the basis for consideration and analysis of requests for time extensions and CONTRACTOR progress payments.

M. OAR acceptance of the Baseline Schedule or CONTRACTOR’S failure to identify or include an element of the Contract, shall not release CONTRACTOR’S obligation to complete all required Work in accordance with the Contract Documents.

3.05 REQUIREMENTS FOR MONTHLY/WEEKLY SCHEDULE UPDATING
A. Once the Baseline Schedule is accepted by OAR, CONTRACTOR shall copy the Approved Baseline file to a new name, status the activities with actual as-built data through the end of the month & submit Monthly Schedule Updates beginning with month No. 1. The current month’s schedule update cannot be accepted until the previous Monthly Schedule Update has been accepted by OAR. Each Monthly Schedule Update shall be submitted con-currently with the Monthly Pay Application no later than the fifth day of the succeeding month in accordance with Article 14 of the General Conditions.

B. Monthly Schedule Update Format.

1. Initially, the contractor shall status a current Monthly Schedule Update with actual Work progress only. No logic ties shall be modified. Status all Actual Start and Finish dates, adjust Remaining Durations where needed, and update Percent Completion of cost and resource loaded activities. No activity Original Durations or Logic shall be changed unless authorized by OAR. No new activities shall be added (except for the addition of new activities for every re-submittal and re-review required) or unless authorized by the OAR.

2. Once the schedule is status updated, CONTRACTOR shall print (and submit with Monthly Schedule Update) a report of “out-of-sequence” logic that results from the updating process. CONTRACTOR shall then correct all “out-of-sequence” logic to reflect CONTRACTOR’S actual Work sequence. Prior to submission of the Monthly Schedule Update, CONTRACTOR shall review and validate that all remaining activities along with their schedule relationships are still accurate based on the actual work flow in the field. If CONTRACTOR chooses to modify logic or add

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activities (other than out-of-sequence corrections), for OAR Review & Approval. CONTRACTOR shall also submit a comparison report between the previous monthly schedule update and the current monthly update that will document the over-all changes.

3. During construction, CONTRACTOR may desire to break down specific activities into greater detail. If greater detail is necessary, then CONTRACTOR shall identify expanded activities such that the Baseline Schedule activities that the expanded activities originated from are readily apparent. CONTRACTOR shall not allow the aggregate duration of the expanded activitiesto exceed the duration assigned to the Baseline Schedule activity unless permitted by OAR in writing.

4. Autocost rules and calculation rules shall link Remaining Duration and Percent Complete.

5. The Data Date for the Monthly Schedule Updates shall be the first day of the succeeding month. At a minimum, three days prior to the submission of the Monthly Schedule Update, CONTRACTOR shall meet in person with OAR to present the proposed Percentages of Completion and Actual Start and Actual Finish dates. Once percentages of completion and actual dates have been agreed to, they shall be the basis of the Monthly Schedule Update.

6. Written Narrative Report: CONTRACTOR shall include a written report to explain the Monthly Schedule Update. The narrative shall, at a minimum include the following headings with appropriate discussions of each topic:
a. Introduction.
b. A Summary of Work which was on-going (This Pay Period). c. Problem Areas and Proposed Solutions.
d. Critical Path.
e. Current and Anticipated Delays.
f. Coordination of Work with Others.
g. Milestone Status.
h. Revisions: the standard schedule comparison report that compares the current update to the previous update shall be submitted to help document any variances/changes. However this comparison report will not be accepted by OWNER in lieu of the above written narrative requirements outline above.

7. In updating the Schedule, CONTRACTOR shall not modify Activity ID numbers, schedule calculation rules/criteria, or the Activity Coding Structure required.

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8. Submit bar charts, reports, a cost flow histogram, man-power histogram, written narrative, electronic data, and plots in accordance with Article 3.04- L.

9. Submit a cost-loaded report (progressed monthly) produced from the scheduling software that displays all of the activities organized by the CSI section cost/resource accounts. This report shall be in compliance with Article 3.04-K, Section 01 2973 (Schedule of Values) and Section 01 2976 (Progress Payment Procedures).

C. Four-Week Rolling Schedule: At each Weekly Progress Meeting, CONTRACTOR shall present a Four-Week Schedule in Bar Chart format. It shall show one (1) week of actual and three (3) weeks of forecasted progress. The Four-Week Rolling Schedule shall be used as a basis for discussing progress and work planned during the three (3) weeks.

1. The Four-Week Rolling Schedule shall be based on the most recent OAR Accepted Monthly Schedule Update. It shall include weekly updates to all construction, submittal, fabrication and procurement, and separate work contract activities. CONTRACTOR shall ensure that it accurately reflects the current progress of the Work.

2. CONTRACTOR shall discuss at the weekly Progress meeting the actual dates and any variances to critical or near critical activities.

3. Upon request by OAR, CONTRACTOR shall provide the Four-Week Rolling Schedule in electronic format.

4. If the Four-Week Rolling Schedule indicates activities are behind schedule, CONTRACTOR shall provide a Recovery Schedule.

5. If the CONTRACTOR chooses to provide a Four-Week Rolling Schedule in a greater level of detail (by trade/subcontractor) outside of the monthly contractual P6 schedule database, then upon CONTRACTOR REQUEST and OAR written approval, the CONTRACTOR may proceed as long as the detailed activities roll-up to the contractual P6 monthly schedule updates.

These detailed activities will need to be linked to the overall Substantial Completion date as to properly forecast whether the project is ahead or behind schedule during the weekly Progress Meetings. The Four-Week Rolling Schedule must accurately reflect the work that is going on during the current week and must accurately reflect what will happen in the next three weeks.

3.06 RECOVERY SCHEDULES
A. If a Monthly Schedule Update indicates negative float greater than ten (10) days on a critical path as result of events not predicated by Articles10 and 12 of the General Conditions CONTRACTOR shall prepare a Proposed Recovery Schedule demonstrating CONTRACTOR’S plan to regain the time lost. The Recovery Schedule shall be submitted either in advance of or concurrent with the Monthly

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Schedule Update and CONTRACTOR progress request. Both the Monthly Schedule Update and the Proposed Recovery Schedule shall be based on the same percentages of completion and actual dates accepted by OAR.

B. The Proposed Recovery Schedule shall be based on a copy of the Monthly Schedule Update for the calendar month during which the negative float first appears.

C. The Proposed Recovery Schedule shall include a written narrative that identifies the causes of the negative float on the critical path and provides CONTRACTOR’S proposed corrective action to ensure timely completion of all Milestones and the Substantial Completion Date. CONTRACTOR’S corrective actions shall include but are not limited to increasing concurrent operations, increasing labor, adding multiple shifts in a 24-hour period, and adding overtime.

D. During any period of time when CONTRACTOR is found to be behind schedule by OAR, the Monthly Schedule Update described above shall become a weekly requirement (at no additional cost to OWNER) to provide a greater degree of focus on the timely completion of the Work. These Updates shall be submitted to OAR every Monday morning. When CONTRACTOR is deemed by OAR to be back on schedule, CONTRACTOR may revert to submitting the schedule monthly.

E. CONTRACTOR’S progress payment may not be processed until OAR accepts the Proposed Recovery Schedule. Following such an acceptance, the Proposed Recovery Schedule will be known as the Recovery Schedule and future Work will be performed by CONTRACTOR in accordance with it.

3.07 FRAGNETS AND TIME EXTENSION REQUESTS
A. Float is not for exclusive use or benefit of either OWNER or CONTRACTOR but is an expiring resource available to both parties on a non-discriminatory basis. If required to meet specified Milestones, either party may utilize float. Adjustments to Milestones or Contract Time will only be authorized by Change Order and only to the extent the claimed adjustments exceed total float along the most critical path of the current Monthly Schedule Update in effect at the time of the claimed adjustments. The claimed adjustments to the Milestones and/or Contract Time must also cause the Substantial Completion Date to exceed that currently indicated in the Monthly Schedule Update. No time extensions will be granted nor delay damages paid under contract until all available float is used and the CONTRACTOR obtains a Time Extension Request approval from the OAR. CONTRACTOR claimed adjustments to an existing negative float path will not receive consideration until the activity with the highest negative float is driven even further negative.

1. Claimed adjustments to the Milestones or Contract Time will be administered in conjunction with those set forth in the General Conditions.

B. Pursuant to the float sharing requirements of this Section, the use of float suppression techniques such as preferential sequencing or logic, special lead or lag logic restraints, and extended activity times or durations are prohibited. The use of float time disclosed or implied by the use of alternate float suppression techniques