Hermosa Beach City Council
November 12, 2024

2024-25 Equipment Replacement Schedules : Communications Equipment, page 10 AMOUNT
FY ACCUM. TOTAL
REPL 2024-25 THROUGH REPL
GROUP ITEM QTY COST IN SVC LIFE YR CHARGE 6/30/2025 COST 3302
Handheld Parking Citation Writer 1 $2,185 2018 5 2023 $0 $2,185 $2,185 System E-Chalking System of Parking Enforcement 1 $2,250 2019 5 2024 $0 $2,250 $2,250 Other equip Charger, Parking Citation Writer 1 $933 3-1-11 5 3-1-16 $0 $933 $933 Radio Portable Radios - Model P200 11 $7,147 2007 10 2017 $0 $7,150 $7,147 Other equip Parking Meters (100) 100 $109,029 2019 10 2029 $10,903 $76,320 $109,029 Other equip Parking Meters Housings/Locks (100) 100 $20,502 2019 10 2029 $2,050 $14,351 $20,502 Radio Portable Model TP8115 Radio w/Accessories 11 $7,175 2011 10 2021 $0 $7,175 $7,175 Radio Mobile Parking Series radio Model TM8250 9 $4,966 2011 10 2021 $0 $4,966 $4,966 Other equip 50 Smart Parking Meters Model 895 50 29,377 2020 10 2030 $2,938 $17,626 $29,377 Other equip 150 Smart Parking Meters Model 795 SSPM 150 88,035 2020 10 2030 $8,803 $52,821 $88,035 Printer HP Laserjet Pro 500 M570dn 1 794 2020 7 2030 $113 $680 $794 Other equip Parking Meters 88,098 2021 10 2031 $8,810 $44,049 $88,098 Other equip Parking Meters - SSPM Mete 150 33,386 2022 10 2032 $3,339 $13,355 $116,797 Other equip CITY'S BDA SYSTEM (RADIO COVERAGE SYSTEM) 1 $64,750 2023 10 2033 $6,475 $6,475 $64,750 Other equip PARKING METERS YELLOW $58,497 10 2033 $5,850 $5,850 $58,497 Other equip PARKING METERS 4G (150 METERS) 150 $33,386 2023 10 2033 $3,339 $3,339 $33,386 Other equip 150 $87,762 2023 10 2033 $8,776 $8,776 $87,762 Other equip Parking Meters - SSPM Meter 75 $41,357 2023 10 2033 $4,136 $4,136 $41,357 COUNT 984 $712,740 $65,598 $305,347 $796,151
GRAND TOTALS COUNT 1,532 2,896,305 200,513 2,074,545 2,975,985 * All Information Technology department equipment is allocated to departments in computer replacement charges based on % of total computer equipment owned by each department. 17 inch Flat Panel Monitors were added effective 7/1/2006 to be purchased every 6 years. Desktop computer prices were adjusted to reflect the cost of the computer only. Total cost for the flat panel and separate desktop is less than the full system cost.

Useful life for servers was changed from 6 years to 5 years effective 7/1/2006 due to warranty issues.

Audio Visual Equipment in City Council Chambers was added to the schedule effective 7/1/2007.

Jail Surveillance System at the Police Department was added to the schedule effective 7/1/2007.

Mobile Data Terminals were added to the Police Department effective 7/1/2006 and to Fire 7/1/2007.

Portable radios were added to the Police Department, the Fire Department and Community Services effective 7/1/2006. Mobile radios were added to the Fire Department as they are not recorded as a part of the setup of new vehicles as in the Police Department.

Traffic Citation Writers purchased with an Office of Traffic Safety Grant were added to the schedule effective 7/1/2007.

No cost of living increase was applied to communications equipment for 2012-13 Effective 7/1/2009 all computers, printers and peripherals for the Police Department will be budgeted in Information Technology.

Effective 7/1/2010 all computers and flat panel monitors will be kept in service for 4 years instead of 3 years. In order to replace monitors and pc's together, replacement date for monitors was matched to pc replacement dates.

Items in BOLD indicates equipment scheduled for replacement in FY 2024-25 Indicates equipment scheduled for replacement in FY 2024-25 2024-25 BUDGET
Purchases through 02/29/2024
COMMUNITY SERVICES (continued)
PARKING METERS MK5 MODEL 795 SSPM YELLOW
429

2024-25 Equipment Replacement Schedules : Busniess Machines 2024-25 BUDGET
AMOUNT
FY ACCUM. TOTAL
REPL 2024-25 THROUGH REPL
DEPT GROUP ITEM QTY COST IN SVC LIFE YR CHARGE 06/30/25 COST 1208 GENERAL APPROPRIATIONS
Fax Panasonic Model UF-8000 1 $1,790 2006 7 2014 $0 $1,790 $1,790 Postage Pitney Bowes DM400C Postage meter system/scale 1 $4,288 2011 7 2018 $0 $4,288 $4,288 Projector Multimedia Projector & Accessories 1 $600 2010 7 2017 $0 $600 $600 Copier Canon IC5870 Admin 1 $16,222 2023 7 2030 $2,317 $6,952 $16,222 Folder Inserter Quadient DS-40i Folder Inserter 1 $6,412 2023 7 2030 $916 $1,832 $6,412 COUNT 5 $29,312 $3,233 $15,462 $29,312
1201 CITY MANAGER
Copier Canon C5840I - EOC 1 $9,373 2023 7 2030 $1,339 $4,017 $9,373 COUNT 1 $9,373 $1,339 $4,017 $9,373
2101 POLICE DEPARTMENT
Copier Canon C5840I - Detective 1 $9,373 2023 7 2030 $1,339 $4,017 $9,373 Copier Canon DX 6870i - Records 1 $14,372 2023 7 2030 $2,053 $6,159 $14,372 COUNT 2 $23,745 $3,392 $10,176 $23,745
4101 COMMUNITY DEVELOPNMENT
Copier CANON IRADVDXC 6855I 1 $7,111 2023 7 2030 $1,016 $3,048 $7,111 COUNT 1 $7,111 $1,016 $3,048 $7,111
4204 BUILDING MAINTENANCE
Other Equip Scoreboard/Community Center Gym 1 $4,500 2005 10 2015 $0 $0 $4,500 COUNT 1 $4,500 $0 $0 $4,500
4601 COMMUNITY RESOURCES
Copier Canon Imagerunner Advance C5235-CR 1 $9,398 2023 7 2030 $1,343 $4,028 $9,398 Copier CANON-IRADVDXC 5840I (CR) 1 $9,373 2023 7 2030 $1,339 $4,017 $9,373 COUNT 2 $18,771 $2,682 $8,045 $18,771
3302 COMMUNITY SERVICES
Copier Canon C4735I 1 $5,813 2023 7 2030 $830 $2,491 $5,813 COUNT 1 $5,813 $830 $2,491 $5,813
4202 PUBLIC WORKS
Copier Canon C5840I - PW 1 $9,373 2023 7 2030 $1,339 $4,017 $9,373 COUNT 1 $9,373 $1,339 $4,017 $9,373
GRAND TOTALS COUNT 14 $107,997 $13,831 $47,256 $107,997

EQUIPMENT LOCATED IN AREAS SPECIFIC TO A SINGLE DEPARTMENT HAS BEEN CHARGED TO THE DEPARTMENT WHERE IT IS LOCATED.

REPLACEMENT COSTS ADDED TO COMPUTER REPLACEMENT CHARGES IN FISCAL YEAR 2002-03.

Effective 7/1/2004, maintenance costs for these machines have been moved to the Equipment Replacement Fund.

Gym Scoreboard added to schedule 7/1/2004
Purchases through 02/29/2024
Items in BOLD indicates business machines scheduled for replacement in 23-24 Indicates business machines scheduled for replacement in 2024-25

BUSINESS MACHINE REPLACEMENT SCHEDULE
430

2024-25 Schedule of Restricted/Discretionary Funds : 2024-2025 Estimated Estimated
Ending Ending
Balance Balance
Legally Restricted Funds 06/30/25 06/30/25
Lighting & Landscaping $0 Grant $237,742
State Gas Tax $7,760 Lease Revenue Bonds $0
AB 939 Fund $281,731 Air Quality Improvement $4,992
Proposition A Open Space $0 Supplemental Law Enforcement Services $383,106 Parks/Recreation Facility Tax $26,297 Sewer Fund $1,609,199 Bayview Drive District Administrative Expense $6,559 Asset Forfeiture $590,589 Beach Drive Assessment District Expense $4,016 Fire Protection $13,146 Community Development Block Grant $3,192 RTI Undersea Cable- Tidelands $291,266 Proposition A Transit $488,956 Greenwich Village N. Underground Utilities $58,573 Proposition C $130,109 Bayview Drive Redemption $107,637 Measure R $78,051 Lower Pier District Redemption $3,451 Measure M $117,974 $45,690
Measure W $439,543 Beach Drive Assessment District Reserve $2,027 FEMA -$922,424 Myrtle Avenue Assessment $51,709
Loma Drive Assessment $90,230
Bayview Drive Reserve $6,300
Total Restricted Funds $4,157,421
Estimated Estimated
Ending Ending
Balance Discretionary Funds with Balance
Discretionary Funds 06/30/25 Council Adopted Policy 06/30/25 General $14,772,951 Insurance Fund $2,698,566
Tyco $8,452 Equipment Replacement $10,915,177
Storm Drain $127,064
Capital Improvement Fund $2,732,363
RTI Undersea Cable $114,274
Subtotal Discretionary Funds $31,368,847
Total All Funds $35,526,268
Discretionary Funds $31,368,847
Less Fixed Assets (Equipment Replacement
Fund) -$5,322,940
Total Available Discretionary Funds $26,045,907
Beach Drive Assessment District Redemption

SCHEDULE OF RESTRICTED/DISCRETIONARY
FUNDS
2024-2025 BUDGET
431

Accrual:

The method of recording revenues or expenditures when they are incurred.

Accrual Accounting:

Accounting method that records revenues and expenses when they are incurred, regardless of when cash is exchanged.

ADA:

Americans with Disabilities Act
Alternative Retirement System (ARS):

Alternative plan to Social Security for part-time employees. Funded solely through employee payroll deduction, contributions are made on a pre-tax basis resulting in greater net pay for covered employees. Contributions may be distributed or rolled over upon separation from the City (with certain limitations).

Appropriations:

Legal authorization by the City Council to make expenditures and to incur obligations for specific purposes.

AQMD:

Air Quality Management District
ARPA:

American Rescue Plan Act of 2021
Assessed Valuation:

A dollar value placed upon real estate or other property, by Los Angeles County, as a basis for levying property taxes.

Audit:

An official inspection of an organization’s accounts, typically by an independent body.

Balanced Budget:

A budget in which revenues are equal to expenditures.

Beginning Fund Balance:

Fund balance available in a fund, from the end of the prior year, for use in the following year.

Bonds:

A fixed-income instrument that represents a loan made by an investor to a borrower (typically corporate or governmental).

GLOSSARY OF TERMS
432

BSCC:

Board of State and Community Corrections
Budget:

The financial plan for the operation of a program or organization that includes an estimate of proposed expenditures for a given period of time and the proposed means of financing those expenditures.

CalAPP:

California Automated Permit Processing Program
CalPERS:

California Public Employees Retirement System
Capital Expenditure:

The amount spent to acquire, improve, or extend the life of long-term fixed assets, such as land, buildings, and equipment.

Capital Improvement Project (CIP):

Capital Improvement Projects typically improve City owned assets such as buildings, parks, streets and other infrastructure components. Capital projects often span more than one fiscal year.

Capital Outlay:

A budget category which accounts for all furniture, vehicles and equipment having a unit cost of $5,000 or more and a useful life of more than one year.

CAPM:

Capital Preventative Maintenance
Certified Access Specialist (CASp) Fee:

City and county offices (local jurisdictions) collect a fee from applicants. The Senate Bill (SB) 1186 fee is applied to the sale of business licenses and renewals. If no business license or equivalent instrument is issued, the fee is applied to building permits. The local jurisdictions retain the majority of the funds for use within their jurisdiction and share a portion with the Division of the State Architect (DSA) for program oversight.

The purpose of the fee is to increase disability access and compliance with construction-related accessibility requirements at businesses and facilities that are open to the public. The fee assists local jurisdictions with hiring and retaining a Certified Access Specialist (CASp), and provides both the local jurisdiction and DSA with funds for activities that promote compliance with construction-related accessibility standards including providing financial assistance to small businesses for construction of physical accessibility improvements.

CC:

City Council
CDBG:

Community Development Block Grant
COLA:

Cost of Living Adjustment
COVID-19:

Coronavirus disease 2019 is a respiratory illness that is caused by the novel coronavirus that can lead to serious illness or death. On March 4, 2020 Governor Gavin Newsom issued a statewide Proclamation of a State of Emergency. On March 15, 2020 Mayor Mary Campbell declared a local emergency in Hermosa Beach. At a special meeting on March 16, 2020, the City Council adopted Resolution No. 20-7230, approving and ratifying the declaration of emergency.
433

CUP:

Conditional Use Permit
Deficit:

The amount by which something, especially a sum of money, is too small. An excess of expenditure or liabilities over income or assets in a given period.

Department:

An organizational unit comprised of divisions or programs. The City of Hermosa Beach has thirteen departments:

City Attorney, City Manager, City Clerks/Elections, City Council, City Prosecutor, City Treasurer, Finance, Personnel, Community Resources, Police, Fire Community Development, and Public Works.

Depreciation:

An accounting method used to allocate the cost of an asset over it's useful life. The City's capital assets used in operations are depreciated over their estimated useful lives using the straight-line method. The lives used for depreciation purposes are as follows:

Buildings- 50 years
Improvements other than buildings- 20 years
Machinery and equipment- 3 to 20 years
Infrastructure- 15 to 50 years
Division:

An organizational unit within a department that handles a specific area of responsibility assigned to that department.

Enterprise Fund:

A government-owned fund that sells goods or services to the general public.

Expenditure:

The cost of goods received or services rendered for the government unit.

Fiduciary Fund:

A fund used in governmental accounting to report on assets held in trust for others. When financial statements are prepared for fiduciary funds, they are presented using the economic resources measurement focus and the accrual basis of accounting.

Fiscal Year:

A 12-month period of time to which an annual operating budget applies. The City of Hermosa Beach's fiscal year is July 1 through June 30.

Fixed Asset:

Tangible property items such as land, buildings, vehicles and equipment which have a value over $5,000 and a life over one year.

Frozen Position:

When a position is frozen, the position remains unfilled or open until it is unfrozen. Freezing of positions typically occurs in order to achieve salary and benefits savings but could also occur pending the restructuring of a department or workforce.

Full-time Equivalent:

Refers to the unit of measurement equivalent to an individual – worker or student – one unit of a work or school day.

Fund:
434

A self-balancing set of accounts. Governmental accounting information is organized into funds, each with separate revenues, expenditures and fund balances. There are four major types of funds: General, Proprietary, Special Revenue, and Trust & Agency. Definitions of these funds are found under "Explanation of City Funds".

Fund Balance:

The difference between a fund's assets and liabilities. Portions of the fund balance may be restricted, committed, or assigned. See a detailed explanation in "Understanding The Budget" in the introductory section of this document.

Gann Appropriation Limit:

Article XIIIB of the California Constitution was amended by Proposition 4, "The Gann Initiative," in 1979. This article limits the growth of governmental spending by multiplying the limit for the prior year tax proceeds by a growth factor. The 1979 base year limit amount consists of all tax proceeds appropriated in that year. Each subsequent year, the City Council adopts the revised appropriation limit annually, based on changes in the City or County population and changes in the California per capita (PCI) or nonresidential new construction.

GAAP:

Generally accepted accounting principals
GASB:

Government Accounting Standards Board
General Fund:

The primary fund of the City, used to account for all revenues and expenditures of the City not legally required to be accounted for in another fund.

GFOA:

Government Financial Officers Association
GIS:

Geographic Information System
Governmental Fund:

A term used in governmental accounting that applies to all funds except for profit and loss funds (e.g., enterprise fund, internal service fund, and trust and agency fund). Governmental funds use the modified accrual accounting method.

Grant:

Contributions or gifts of cash or other assets from another entity. Grants are typically to be used or expended for a specific purpose.

HBMC:

Hermosa Beach Municipal Code
HUTA:

Highway Users Tax Account
ICRMA:

Independent Cities Risk Management Authority
Infrastructure:

The underlying foundation or basic framework of a system or organization, such as the roads, sewers, storm drains, etc.

Internal Service Charge:
435

A charge to department budgets designed to provide for the operation, maintenance and replacement of some shared City function. The City of Hermosa Beach uses internal service charges to provide for its city-wide computer network, operation and replacement of its vehicle fleet and allocation of insurance costs.

Internal Service Fund:

A fund that provides benefits or goods or services to other funds, departments, or agencies of government on a cost-reimbursement basis, with the goal to "break-even" rather than make a profit.

Major Fund:

A fund whose revenues, expenditures/expenses, assets, or liabilities (excluding extraordinary items) are at least 10 percent of corresponding totals for all governmental or enterprise funds and at least 5 percent of the aggregate for all governmental and enterprise funds.

Modified Accrual Accounting:

Accounting method that combines accrual basis accounting with cash basis accounting. It recognizes revenues when they become available and measurable and, with a few exceptions, records expenditures when liabilities are incurred.

MTA:

Metropolitan Transit Authority
NPDES:

National Pollutant Discharge Elimination System
OPEB:

Other Post Employment Benefits such as health insurance Operating Budget:

The financial plan, excluding capital expenditures, for the operation of a program or organization that includes an estimate of proposed expenditures for a given period of time and the proposed means of financing those expenditures.

PEG Grant:

Public Educational and Government (PEG) Fees paid by cable franchises to support PEG access channels.

Permanent Employee:

A person employed directly by the employer and does not have a predetermined end date of employment.

POST:

Peace Officers Standards and Training
Proprietary Fund:

A fund used to account for activities that involve business-like interactions, either within the government or outside of it.

Property Tax In Lieu of Vehicle License Fees:

During fiscal year 2003-04, the State dropped the Vehicle License Fee (VLF) from 2% of vehicle value to 0.67%.

Beginning in 2004-05, cities continued to receive the 0.67% portion of the fee directly from the State, with the State backfilling the 2% to 0.67% VLF reduction with an additional allocation of local property tax from County ERAF funds. This amount is identified as Property Tax In-Lieu of Vehicle License Fees in the Revenue Detail by Fund Report. At some point, the revenue may be merged with property tax revenue since from 2005-06 on, measurement and growth will be based upon assessed valuation instead of the original VLF valuation. It has been left as a separate line item at this time for presentation purposes and is included in the Property Tax Category in the pie charts in the Revenue section.
436

PSAF:

Public Safety Augmentation Fund
Revenue:

Item or source of income, such as from taxes, licenses, permits, etc.

RFP:

Request for Proposal
RTI:

RAM Telecom International, Inc. (RTI) representing SEA-US Cable System has agreements with the City for multiple trans-Pacific cables with landings in Hermosa Beach.

SBCCOG:

South Bay Cities Council of Governments
STC:

Standards for Training in Corrections
Storage Lot Loan:

The City purchased property adjacent to City Hall in 2005 for $4.4 million; the property had an existing lease to a self-storage business. Funds for the purchase came from the Contingency Fund, Equipment Replacement Fund and Insurance Fund. These funds are being paid back from the lease proceeds from the self-storage business.

The City recorded an internal loan between these funds and the Downtown Enhancement Fund (where the property was recorded as an asset). The Downtown Enhancement Fund was closed in 2011-12 and the balances, including the internal loans, were transferred to the General Fund. The internal loan balance was repaid to the Insurance and Equipment Replacement Funds in 2011-12.

SWRCB:

State Water Resources Control Board
TDA:

Transportation Development Act
Total (Memorandum Only) Column:

The total column of the City of Hermosa Beach Budget Summary captioned "Total (Memorandum Only)" does not present consolidated financial information and is presented only to facilitate financial analysis. Interfund eliminations have not been made in the aggregation of this data.

Transfer:

Moneys appropriated from one fund to another, in order to reimburse the fund for expenses or to finance the operation of the other fund. Transfers between a Proprietary Fund and a Government Fund, as in the case of the Insurance Fund, are budgeted as revenues and expenditures in the various funds, to comply with governmental accounting principles.
437

Administrative Services, Page 102
Air Quality Management District (AQMD), Page 142
Alcohol Beverage Control Grant, Page 197
Asset Seizure/K-9 Division, Page 208
Auto/Property Insurance/Bonds, Page 121
Bayview Drive and Beach Drive Administrative
Expense, Page 112
Body Worn Cameras, Page 196
Budget Overview, Page 27
Budget Program Award, Page 26
Budget Summary, Page 42
Budget Transfers, Page 66
Building Maintenance, Page 217
Building Maintenance Equipment Replacement
Fund, Page 219
Bulletproof Vest Partnership, Page 195
Bus Pass Subsidy, Page 111
Business Machine Replacement Schedule, Page
430
CalApp Grant, Page 172
Cal Recycle - SB1383 Grant, Page 144
Capital Improvement Program (CIP), Page 248
Capital Improvement - Five Year Plan, Page 333
City Attorney, Page 128
City Attorney - Litigations, Page 129
City Clerk/Elections, Page 130
City Clerk Equipment Replacement Fund, Page 133
City Council, Page 98
City Council Equipment Replacement Fund, Page
101
City of Hermosa Beach Community Profile, Page 14
City Manager, Page 134
City Manager's Budget Message, Page 8
City Manager Equipment Replacement Fund, Page
138
City Officials, Page 7
City Prosecutor, Page 150
City Treasurer, Page 151
Coastal Permit Authority Grant, Page 169
Communications Equipment Replacement
Schedule, Page 420
Community Development, Page 153
Community Development - Building, Page 155
Community Development - Building Equipment
Replacement Fund, Page 158
Community Development - Planning, Page 160
Community Development - Planning Equipment
Replacement Fund, Page 163
Community Resources, Page 174
Community Resources Equipment Replacement
Fund, Page 177
Community Services, Page 201
Community Services Equipment Replacement
Fund, Page 204
Commuter Express Participation, Page 165
Concert Series Division, Page 179
C.O.P.S. Program, Page 199
Cover Story, Page 6
Crossing Guards, Page 206
Debt Service - Debt Analysis and 2020 Refunding
Lease Revenue Bonds, Page 413
Department Supplemental Requests, Page 380
Dial-A-Taxi, Page 207
Downtown Business Area Enhancement, Page 221
Expenditure History by Fund, Page 404
Explanation - User Charge Allocation, Page 412
Finance Administration, Page 104
Finance Administration Equipment Replacement
Fund, Page 107
Financial Policies, Page 368
Fire Department County Fire District, Page 183
Fire Department Legacy Costs, Page 186
Five Year Forecast, Page 361
General Appropriations, Page 119
General Appropriations Equipment Replacement
Fund, Page 120
Glossary, Page 432
Index
438

Human Resources, Page 115
Human Resources Equipment Replacement Fund,

Housing Element Update, Page 167
Information Technology, Page 146
Lease Revenue Bonds, Page 114
Liability Insurance, Page 123
Lighting/Landscaping/Medians, Page 223
Lighting/Landscaping/Medians Equipment
Replacement Fund, Page 225
Mental Health and Wellness Grant, Page 198
Mobile Mental Health, Page 145
Organization Chart, Page 25
Parks Division, Page 230
Parks Division Equipment Replacement Fund, Page
232
Personnel Allocation Summary, Page 95
Personnel Requests/Recommendations, Page 392
Pie Chart-Appropriations by Function, Page 96
Pie Chart-Capital Improvements Spending by
Category, Page 249
Pie Chart-General Fund Appropriations, Page 97
Pie Chart-General Fund Revenue, Page 69
Pie Chart-Revenue by Source, Page 68
Pier Parking Structure, Parking Lot A, and County
Share of Parking Structure Revenue, Page 227
Police, Page 187
Police Administration, Page 189
Police Administration Equipment Replacement
Fund, Page 193
Property Tax Dollar Breakdown, Page 70
Prospective Expenditures, Page 149
Public Works, Page 210
Public Works Administration and Engineering, Page
212
Public Works Administration and Engineering
Equipment Replacement Fund, Page 215
Public Works Equipment Services Division, Page
246
Recreation Transportation, Page 181
Resolution: Adopting the Budget, Page 376
Resolution: Appropriations Limit, Page 378
Revenue Category Detail, Page 403
Revenue Detail by Fund, Page 71
Revenue History by Fund, Page 395
Revenue Services, Page 109
Schedule of Expenditures by Fund, Page 55
Schedule of Restricted/Discretionary Funds, Page
431
Schedule of Revenue by Fund, Page 52
Sewer Division, Page 233
Sewer Division Equipment Replacement Fund,

Source Reduction and Recycling Fund - AB939,

Special Event Shuttle, Page 182
Storm Drain Division, Page 237
Storm Drain Division Equipment Replacement
Fund, Page 239
Strategic Plan/PLAN Hermosa, Page 12
Street Maintenance State Gas Tax Fund, Page 243
Street Maintenance/Traffic Safety Division, Page
241
Street Maintenance/Traffic Safety Division
Equipment Replacement Fund, Page 244
Understanding the Budget, Page 17
Unemployment Insurance, Page 125
Vehicle Replacement Schedule, Page 415
Worker's Compensations, Page 126
Zoning Ordinance Update, Page 170
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PARKS MASTER PLAN

Purpose
• Action Plan for the management and development of
parks, recreation facilities, and programs.
• Identifies local community needs.
• Provides goals, strategies for park improvements.
• Provides a financial analysis plan.
• Offers recommendations to support the
Local Hermosa Beach Community.

Process
Inventory of Existing Conditions
Extensive Community Engagement
Needs Analysis
Recommendations
Funding and Implementation

Timeline
TODAY

Inventory of Existing Conditions
Existing
Documentation
Parks & Facility
Inventory
Program Inventory Demographics

3 Community Parks
6 Neighborhood Parks
4 Parkettes
Greenbelt and 8 Green Spaces
Beach, Pier, Pier Plaza, & The Strand
6 Recreation Buildings
Clark Building
Community Center Complex
including the Theatre, Museum,
Gymnasium, Senior Center, Tennis
Courts, and Skate Park
Lawn Bowling Club
South Park Building
Valley Park Building 1 (Kiwanis Club)
Valley Park Building 2 (Rotary Club)
Inventory of Parks
& Facilities

Inventory of Parks
& Facilities

Youth & Adult Services
Classes
Community Events
Health and Well-Being
Organized Sports
Outdoor Recreation Programming
Community Facility Rentals
Senior Programs
Special Needs Programs
Inventory of
Programs

2021 Total
Population:
19,314
Source: US Census 2021 Estimate
Demographics

 Website Total Views: 4,689
 Feedback Submittals: 266
 Stakeholder Interviews:12
 Multimodal Survey: 639
(Residents Represented in
300 Households)
 Workshop 1 Survey: 86
 Workshop 2 Survey: 249
 Workshop 3 Survey: 178
OVER 6,000 TOUCHPOINTS!
Community Outreach Summary

Community Outreach Summary

www.hermosabeach.gov/parksmasterplan Project Website (4,689 views) and Feedback Survey Comments (266)

Feedback
Survey

PROGRAM NEEDS
• Code and policy
enforcement
• E-bike rules and safety
• Evaluate skatepark rules
• Outdoor movies
• Parking permits
• Promote lawn bowling
program
• Security
• Swimming class

PARK/FACILITY NEEDS
• Basketball court
• Benches (new design)
• Car charging stations
• Clark field improvements
• Community Center
improvements
• Dog park
• Fitness stations
• Greenbelt improvements
• Landscape maintenance
• Lawn bowling clubhouse
• Pickleball court
• Playground upgrades
• Preserve open/green
space
• Skatepark improvements
• Splash pad
• Strand improvements
• Swimming pool

Stakeholder
Interviews

PROGRAM NEEDS
• Concerts (on the beach,
music festival)
• Pickleball classes

PARK/FACILITY NEEDS
• Swimming pool
• E-bike traffic calming
• ADA accessibility
• Prospect School
(repurpose building)
• Remodel amphitheater
at Valley Park
• Shade structures
• Teen/Youth Center

Stakeholder Interview Summary

Stakeholder Interview Summary

Statistically Valid
Multimodal Survey
48%
get their news and
information about the city
parks, recreation
facilities, programs and
services through the City
website
81%
are satisfied with the
maintenance of parks
and recreation facilities in
Hermosa Beach
76%
are satisfied with
recreation facilities and
programs provided by the
City of Hermosa Beach

Statistically Valid Multimodal Survey
What is one park feature or
recreation facility you would like
to see added or improved?
What is one recreation program,
class, or activity you would like
to see added or improved?

In-Person Workshop Surveys & Online Surveys
All three in-person workshops were held
at the centrally-located City Council Chambers
on a weekday evening

Workshop #1

Workshop #1 Summary
Q1-What are the most
important community
characteristics?
• Beach/Ocean
• Community
• Events
• Outdoors
• Parks
• Restaurants
• Safety
• Small town feel
• Walkability
Q2-What are issues or
trends that may be
negatively impacting
these characteristics?
Q3-What role can the
Community Resources
& Public Works Dept.
play to address these
issues?
• Communication
• Community
engagement
• Enforce E-bike rules
• Events
• Maintenance
• Pickleball
• Provide dog area
• E-bike rules
• Homelessness
• Lack of dog park
• Lack of funding
• Parking
• Pedestrian street
safety

Workshop #2

Workshop #2 Summary
Q1-What park or
recreation facility do
members of your
household visit the most?
• Beach, Pier, Pier
Plaza, & the Strand
• Clark Field
• Greenbelt
• South Park
• Valley Park
Q2-What is one park
feature or recreation
facility you would like to
see added or improved?
Q3-What is one
recreation program,
class, or activity you
would like to see added
or improved?
• Concerts
• Dog Training
• E-bike Safety Program
• Pickleball
• Swimming
• Theater Programming
• Community Pool
• Dog Area or Dog
Park
• Lawn Bowling
Clubhouse
• Pickleball Court
• Strand Improvements

Workshop #3

Workshop #3 Summary
Q1-Please choose your top 5
park feature or recreation facility
you would most like to see added
or improved in Hermosa Beach.
• Strand Improvements
• Swimming Pool
• Dog Park
• Bike Lanes / Bike
Infrastructure
• Preserve Open / Green Space
Q2-Please choose your top 5
program, class, or activity you
would most like to see added
or improved in Hermosa Beach.
• Concerts
• Code and Policy
Reinforcement
• E-Bike Rules and Safety
• Continue / Expand Special
Events
• Swimming
• Security to Prevent Overnight
Camping

Community Facility Needs - Prioritization
Area of maximum community impact
Small Group
Stakeholder Interviews
Public / Community
Workshop 1 / Workshop 2
/ Workshop 3 / Feedback
Comments
Surveys
Multimodal Community
Survey

• Clark Field Improvements
• Community Center Improvements
• Dog Park
• Greenbelt Improvements
• Improve Landscape Maintenance
• Lawn Bowling Building/Clubhouse
• Pickleball Court
• Restrooms
• Skatepark Improvements
• Strand Improvements
• Swimming Pool
Community Facility Needs - Prioritization
Area of maximum community impact

Community Program Needs - Prioritization
Area of maximum community impact
Small Group
Stakeholder Interviews
Public / Community
Workshop 1 / Workshop 2
/ Workshop 3 / Feedback
Comments
Surveys
Multimodal Community
Survey

• Art Classes
• Camps
• Code And Policy Reinforcement
• Concerts
• Continue/Expand Special Events
• E-Bike Rules and Safety Program
• Movies
• Pickleball Classes/League
• Senior Programs
• Swimming
• Youth Activities and Programs
Community Program Needs - Prioritization
Area of maximum community impact

Acreage and Service
Area Gap Analysis
110.39 Acres of City Parkland and Beachfront
= 5.72 acres per 1,000 residents
100% of residents live within a 10-minute walk
to a city park.

GIS Mapping Analysis
Swimming Pool Desires - Surveys
Neighborhood Parks Walk Radius
Dog Park Desires - Surveys

Key Strategies &
Recommendations

Six Key
Strategies

KEY STRATEGY
#1:

Celebrate the
Community’s
Athleticism and
Sports History
Through Facility
Improvements at
Clark Complex.

Goal 1.1: Address the demand for
pickleball through balancing the
schedule for open-play,
reservations, and programming.

Goal 1.2: Improve community
gathering and athletic events
through Clark Field improvements.

Goal 1.3: Embrace and support
sports activities through lawn
bowling clubhouse improvements.

KEY STRATEGY
#2:

Preserve
Community Quality
of Life Through
Policy Enforcement
and Funding
Strategies
Goal 2.1: Establish landscape
design standards for the
Greenbelt.

Goal 2.2: Balance facility use
with maintenance levels of
service supported by
increased funding & staff.

Goal 2.3: Continue
enforcement of Strand
violations to preserve
recreation enjoyment for
residents and visitors.

KEY STRATEGY
#2:

Preserve
Community Quality
of Life Through
Policy Enforcement
and Funding
Strategies
Goal 2.4: Revisit high impact
level events for staffing needs
to ensure a safe and quality
experience.

Goal 2.5: Continue to support
the Bike Smart Hermosa
Program.

Goal 2.6: Develop &
implement a maintenance
tracking system for restroom
facilities. Page 1659 of 2658

KEY STRATEGY
#3:

Explore
Opportunities to
Strengthen
Community
Relations and
Develop Joint Use
Facilities for All to
Enjoy
Goal 3.1: Foster partnerships to
support aquatic programs and
activities.

Goal 3.2: Explore feasibility to
provide dog friendly amenities
while considering maintenance
costs and neighborhood
impact.

KEY STRATEGY
#4:

Modernize
Community Center
Complex with
Improved Vehicular
Access to Increase
Facility Availability
to the Community
Goal 4.1: Improve the
Community Center Complex
focusing on access, identity, and
communications.

Goal 4.2: Reconnect community
by modernizing skateboarding
opportunities in the City.

KEY STRATEGY
#5:

Pursue Community
Inspired
Programming
Opportunities.

Goal 5.1: Continue to develop
and refine community
programs with regular
outreach & dialogue.

Camps
Senior Programs
Youth Activities & Programs
Art Class
Concerts
Special Events
Movies (outdoor) Page 1662 of 2658

KEY STRATEGY
#6:

Continue
Investment in the
City’s Existing
First-Class Parks
Infrastructure
Resources.

Goal 6.1: Continue to prioritize
completion of deferred
maintenance on existing parks
over new facilities.

Goal 6.2: Continue to evaluate &
adjust contract maintenance
services and in-house parks and
facility maintenance.

PROGRAMMED

CIP PROJECTS

UNFUNDED FUTURE

CIP PROJECTS

MASTER PLAN

RECOMMENDED

PROJECTS

Sponsorships
Capital project fundraising
Grant programs
 CDBG
 OGALS
 L.A. County
 MLB-MLBPA Baseball
Tomorrow

FUNDING

Develop partnerships
through MOU or JUA with
local school district, local
businesses, and nonprofit organizations.

FUNDING

IMPLEMENTATION
Parks are essential for community services, recreation, health, and environmental benefits, and they require adequate and consistent maintenance to meet the needs and expectations of the residents and visitors.

By investing in the city’s staff and infrastructure, the city can ensure that its parks and facilities are safe, attractive, functional, sustainable, and that they provide a high level of service and satisfaction to the users. Page 1669 of 2658

PARKS MASTER PLAN
THANK YOU!
Parks, Recreation, & Community Resources Advisory
Commission and Public Works Commission
Joint Special Meeting
October 29, 2024

City of Hermosa Beach | Page 1 of 6
Meeting Date: November 12, 2024
Staff Report No. 24-PW-041
Honorable Mayor and Members of the Hermosa Beach City Council

REJECT BID RECEIVED FROM CSI SERVICES AND PROVIDE DIRECTION TO STAFF FOR CIP 682 PARKING LOT D IMPROVEMENTS PROJECT
(Public Works Director Joe SanClemente)
Recommended Action:

Staff recommends City Council:

1. Reject the bid received from CSI Services for CIP 682 Parking Lot D Improvements Project; and

2. Direct staff on how to proceed with the project based on the available options as outlined in this report.

Executive Summary:

The Fiscal Year 2024–2025 Capital Improvement Program (CIP) includes CIP 682 Parking Lot D Improvements to fully reconstruct the existing surface lot, while also incorporating storm water infiltration and other environmentally sustainable design elements, landscape and beautification, and bringing the lot up to current accessibility requirements. After receiving and reviewing the one project bid submitted, staff recommends City Council reject the bid and provide staff with direction on how to proceed based on the available options as outlined in this report.

Background:

The Parking Lot D improvement project was first conceived in 2017 to reconstruct Parking Lot D, located at the southwestern corner of Manhattan Avenue and 14th Street, as a demonstration project showcasing a range of environmentally sustainable design elements. The design phase was completed in August of 2024.

The current project includes increasing parking supply from 19 parking spaces to 22, including a combination of 13 standard stalls, 4 compact stalls, 2 electric vehicle (EV) charging stations, 1 Americans with Disabilities Act (ADA) stall, and 2 small “golf cart” EV stalls. The project also includes a parking pay station, a solar panel canopy, stormwater infiltration, native vegetation, ADA ramp from the parking lot onto Manhattan Avenue, lighting, landscaping, and a covered trash enclosure.

At the FY 2024–2025 Capital Improvement Program (CIP) study session held on April 28, 2024, City Council provided staff with direction to pause the current project to obtain

City of Hermosa Beach | Page 2 of 6
information regarding the costs and feasibility of constructing a parking structure in place of the currently scoped project.

At its Special Meeting of June 4, 2024, after a careful review of the feasibility, cost, and other relevant factors such as additional time required to complete the design phase of a parking structure, and potential loss of grant funds, City Council decided to forgo the alternative option of building a parking structure in lieu of the previously envisioned surface parking lot and directed staff to continue with the effort to finalize the design phase of the project and proceed with the construction phase as quickly as possible.

Per Hermosa Beach Municipal Code Section 17.58.020, “the use of land, and erection, construction or location of buildings or structures in any zone shall require submittal of plans for Planning Commission’s review.” At its meeting of August 20, 2024, the Planning Commission held a public hearing on Precise Development Plan (PDP) 24-10 for the Parking Lot D project. After reviewing public input and staff recommendations, the Commission determined the project met the required findings for PDP approval. The Commission adopted Resolution No. 24-16, approving the project, subject to conditions of approval.

At its September 10, 2024 meeting and subsequent to the Planning Commission’s approval of the project’s PDP, City Council expressed concerns with certain aspects of the project and voted to initiate a de novo hearing to review the Planning Commission approval of a Precise Development Plan (PDP 24-10). At its October 8, 2024 meeting, City Council reviewed the aforementioned plan, and after deliberation, adopted Resolution No. 24-7458 approving the Precise Development Plan.

Coastal Commission Permit
The Project is also subject to California Coastal Commission review and approval for a Coastal Development Permit. The application to Coastal Commission required approval by the City’s Community Development Department following the PDP approval. The application is currently under review by the Coastal Commission to determine completeness. Once deemed complete, and assuming no further information is requested that would trigger an additional review period, the Coastal Commission has up to 180 days to either approve or disapprove the project. While staff has been in close coordination with Coastal staff and does not believe that the review and approval will require the full duration, Coastal Commission staff cannot provide a more definitive estimate for the completion of the review and approval process.

Project Funding
The FY 2024–25 CIP reflects a total project budget of $1,815,838, which includes $433,650 in grant funds from the Coastal Conservancy (Conservancy), $423,950 in grant funds from the Safe Clean Water (SCW, formerly Measure W) regional program, $200,000 of local return SCW funds, and $758,238 from the City’s Storm Drain fund.

City of Hermosa Beach | Page 3 of 6
The Coastal Conservancy grant has a current deadline of February 28, 2025 to be expended. The Safe Clean Water grant funding has a current deadline of June 2026 to be expended but does include the possibility of being extend for an indefinite period subject to formal request to the program’s governing board and its discretion. Any significant modifications to the project scope or cost would also require submittal of a grant modification request for consideration and approval. The local return Measure W funds are restricted and the City Storm Drain Funds are a committed funding source for use on stormwater-related projects.

Past Board, Commission, and Council Actions
Meeting Date Description
March 27, 2018 City Council approved a resolution authorizing staff to submit a grant application to the California Climate
Investments Urban Greening Program.

May 16, 2018 Public Works Commission reviewed the preliminary design plans for the Lot D Improvement project and provided
feedback.

July 13, 2021 City Council approved a resolution authorizing acceptance of grant funding from the Coastal Conservancy.

January 10, 2023 Two Councilmembers supported returning to City Council with an item updating Council on the status of the Parking Lot D Improvement Project to facilitate a discussion
regarding the project and possible project alternatives.

February 27, 2023 A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Massey to receive the update on the
Parking Lot D project and Conceptual Rendering. The
motion carried by a 5–0 vote.

March 28, 2023 Approved a Resolution approving Safe Clean Water program grant funds for the project
April 18, 2024 2024 Fiscal Year 2024–2025 Capital Improvement Program Study Session. Council directed staff to pause on current Lot D Project.

June 4, 2024 Update on project next steps
August 20, 2024 Planning Commission approved the Precise Development Plan for the project.

September 10, 2024 Requested an item be brought before Council to review the Planning Commission’s approval of the project’s Precise Development Plan approval

City of Hermosa Beach | Page 4 of 6
Meeting Date Description
October 8, 2024 City Council held a de novo hearing to review the Planning Commission’s approval and adopted Resolution No. 24-
7458 approving the Precise Development Plan.

Analysis:

On October 08, 2024, the City issued Notice Inviting Bids 24-007 inviting experienced contractors to submit a bid for the project. The project was advertised for formal competitive bids in the local newspaper, on the City’s electronic bidding platform Planet Bids, and in relevant construction trade journals.

On October 29, 2024, the City received one bid, which was opened and read aloud by the City Clerk. The bid result is provided in Attachment 1 and summarized below.

Bid Result Summary
Bidder Bid Amount
CSI Services $1,780,578
The bid submitted by CSI Services is significantly higher than the design engineer’s construction cost estimate of $1,450,000. The budget for the project in the FY 2024-25 CIP is $1,815,838. This budget amount would not be sufficient to cover the cost of construction submitted by CSI Services with the addition of necessary construction contingency, the cost of construction management, inspection services and material testing. It is estimated that an additional amount of approximately $242,000 would be required to properly fund the project to allow for the additional costs described above.

A detailed analysis of the bid submitted by CSI services, shows that some of the 143 bid line items were unreasonably high and do not reflect the current public works construction bid environment. Staff also contacted 11 of the contractors who had participated in the bid process, but that failed to submit a bid, to understand the reasons for their lack of participation. Most of the contractors indicated that they were not able to submit a bid due to their current heavy backlog of work and not having adequate resources to take on additional projects. Several of the contractors also indicated that they were deterred from bidding on the project because they needed more time to prepare a bid for the solar components.

Staff recommends rejecting the single bid received on the project. If the City were to proceed with this bidder, it would require allocating additional funds to the project.

Additionally, the City does not yet have a Coastal Commission Permit and would have to advance at risk as it is unclear if the City would receive a Coastal Development Permit approval before the Coastal Conservancy funds lapse after February 28, 2025, which would reduce the available funding to just $1,382,188. Any redesign and readvertising of the project for new bids would take at least three months, which would preclude the City’s

City of Hermosa Beach | Page 5 of 6
the ability to meet the February timeline required by the subject grant. Therefore, it is anticipated that the City will no longer be able to utilize the $433,650 in Coastal Conservancy grant funds for this project.

Parking Lot D has several deferred maintenance, accessibility, and aesthetic issues that will require attention in the near future that this CIP was intended to address. Any significant resurfacing of the lot would trigger compliance with current accessibility requirements including the construction of the switchback ramp providing access to Manhattan Avenue, as well as bringing the existing driveway apron and adjacent curb ramps up to compliance.

Construction of the ramp would also address the issue of the existing wooden retaining wall that is in poor condition and needs to be replaced. In addition, the existing irrigation is not currently operable, and the landscaping is in poor condition. A very rough order of magnitude cost estimate for this work and resurfacing of the entire lot is anticipated to be approximately $900,000 including design and construction. This effort would require a redesign which would also require additional staff time to oversee the revised effort and would need to be reprioritized against the delivery of other programmed or future CIPs.

In addition, the current local funding may need to be re-evaluated for appropriateness, depending on final scope, since it is using all local stormwater related funding sources.

The integration of sustainability elements for the current project allowed the City to leverage grant funds and local storm water related funding sources.

Staff also recommends Council consider the following options for the Project and direct staff on how to proceed:

1. Revise the project design and readvertise to reduce the scope of work to fit within revised budget of $1,382,188, since the Coastal Conservancy funds will lapse on February 28, 2025. Reduction in scope would include eliminating the carport and photovoltaic system and analyzing other opportunities for value engineering some elements of the project such as the retaining walls and stormwater capture devices.

To advance this option, staff would need to confirm that by eliminating the photovoltaic system the City would still qualify to receive the full grant amount of $423,950 through the Safe Clean Water funds, which would require staff to submit a grant modification request. It is anticipated that this process would take several months to complete.

Once confirmed that the funding would remain available, staff would then reengage the design engineer to revise the plans at an additional cost of approximately $30,000 and is expected to take approximately three (3) months to

City of Hermosa Beach | Page 6 of 6
complete revisions to the plans and construction documents and readvertise the project.

2. Substantial reduction of scope of the current design by eliminating installation of the carport and photovoltaic system and stormwater infiltration and other environmentally sustainable design elements. The project scope would only include resurfacing and construction of the accessible ramp to provide access from Manhattan Avenue. This option is not in alignment with the City’s Low Impact Development requirements for stormwater capture and would no longer be able to utilize any of the current grant or local funding sources that are tied to stormwater and would need to find another funding source to be considered as part of a future budget cycle. A rough order of magnitude cost estimate for this option is $900,000 including design and construction and would require returning to City Council at a future date to identify non-stormwater funding sources to advance the project.

3. Place the project on hold and revisit it at the time of the FY 2025–2026 budget discussions.

Attachments:

1. Bid Summary Log

2. Bid Documents

3. Contract Documents and Special Provisions

4. Project Plans
Respectfully Submitted by: Jonathan Pascual, Assistant Engineer Concur: John Oskoui, Interim City Engineer
Concur: Doug Krauss, Environmental Programs Manager
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager

1 CITY OF HERMOSA BEACH CONTRACT

DOCUMENTS AND SPECIFICATIONS FOR
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS

PROJECT
OCTOBER 2024

2 City of Hermosa Beach

NOTICE INVITING BIDS
Notice is hereby given that the City of Hermosa Beach will receive electronic bids until 2:00 PM on Tuesday, October 29, 2024; at which time the electronic bids will be publicly opened at the City Council Chambers at 1315 Valley Drive, Hermosa Beach, CA 90254 and posted on Planet Bids for CIP No. 682 Parking Lot “D” Improvements Project.

The project includes, but is not limited to, removal of existing improvements including onsite and offsite concrete improvements, landscaping, asphalt concrete pavement with base and subbase, light poles and fixtures and construction of new improvements including concrete curb, curb and gutter, driveway approach, ADA curb ramp, sidewalk, retaining walls, ADA ramp, pervious pavement, new electrical system including light posts and fixtures, installation of stormwater capture devices, construction a canopy with mounted solar panels and installation of EV vehicles charging stalls, installation of a pay station and installation of anew irrigation system and landscaping including street trees.

The engineer’s cost estimate for the project is $1,450,000. License requirement is a valid State of California Contractors License Class “A”.

All sidewalk and access ramp removals shall be replaced within 48 hours. Traffic control plans are required as part of this project to maintain uninterrupted safe vehicular and pedestrian traffic throughout the work areas.

The duration of the project is 90 working days. All bids must be submitted electronically on Planet Bids Portal, accessible through the City’s webpage at https://www.hermosabeach.gov/our-government/city-clerk/bids-and-proposals where you must first register as a vendor through our Planet Bids Portal. Contract Documents, plans, and specifications will be available for review on Planet Bids. All relevant materials shall be obtained from the link above.

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

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

The Contractor must be registered with the Department of Industrial Relations at the time of bid. Contractor’s registration information is available at:
https://www.dir.ca.gov/Public-Works/Contractor-Registration.html The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective

3 bids received. The award, if made, will be made to the lowest responsive and responsible Bidder.

Please submit any questions related to this bid on Planet Bids portal no later than 2:00 PM on Monday, October 21, 2024.

4 TABLE OF CONTENTS
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
I. PROJECT DESCRIPTION AND UNDERSTANDING ..................................................5 II. NOTICE TO BIDDERS.....................................................................................................6 III. INSTRUCTION TO BIDDERS .......................................................................................8 IV. BID DOCUMENTS.........................................................................................................17 A. PROPOSAL.................................................................................................................17 B. BID SCHEDULE.........................................................................................................18 C. BID BOND ...................................................................................................................25 D. BIDDER'S ASSURANCE...........................................................................................28 E. BIDDER'S DECLARATION......................................................................................29 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS.................31 G. CERTIFICATION OF PRINCIPAL.........................................................................32 H. DECLARATION OF ELIGIBILITY TO CONTRACT..........................................33 I. NON-COLLUSION DECLARATION .......................................................................34 J. REFERENCES OF WORK.........................................................................................35 K. SUBCONTRACTORS LIST......................................................................................37 L. IRAN CONTRACTING ACT CERTIFICATION...................................................40 M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION........41 V. CONTRACT DOCUMENTS ...........................................................................................42 A. CONTRACT AGREEMENT.....................................................................................43 B. AGREEMENT OF INDEMNIFICATION……………………………………….. .62
C.EQUALS......................................................................................................................63 D.FAITHFUL PERFORMANCE BOND.....................................................................64 E. PAYMENT BOND (LABOR AND MATERIALS) ..................................................68 F. GUARANTEE TO THE CITY OF HERMOSA BEACH ........................................72 G. GENERAL COMPREHENSIVE LIABLITY ADDITONAL INSURED
ENDORSMENT...............................................................................................................73 H. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT.......75 I. INSTRUCTIONS FOR COMPLETING, EXECUTING, AND SUBMITTING EVIDENCE OF INSURANCE TO THE OWNER .......................................................77 J. WORKER'S COMPENSATION INSURANCE CERTIFICATE...........................79 K. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL...80 L. W9 FORM....................................................................................................................81 VI. TECHNICAL PROVISIONS…………………………………………………… TS-1
VII. SPECIAL PROVISIONS……………………………………………………….. SP-1
EXHIBITS…………………………………………………………………………SP-33

5 City of Hermosa Beach
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS

PROJECT
I. PROJECT DESCRIPTION AND UNDERSTANDING
The project includes, but is not limited to, removal of existing improvements including onsite and offsite concrete improvements, landscaping, asphalt concrete pavement with base and subbase, light poles and fixtures and construction of new improvements including concrete curb, curb and gutter, driveway approach, ADA curb ramp, sidewalk, retaining walls, ADA ramp, pervious pavement, new electrical system including light posts and fixtures, installation of stormwater capture devices, construction a canopy with mounted solar panels and installation of EV vehicles charging stalls, installation of a pay station and installation of anew irrigation system and landscaping including street trees.

Construction of the proposed retaining walls is based on use of a pre-engineered wall system (Orco Block). Contractor should give consideration to the length of time it may take to procure this and other elements of the project including light poles and fixtures, and stormwater capture devices. This project also includes installation of a new electrical system which requires the Contractor to timely coordinate with Southern California Edison (SCE).

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

Pre-bid Meeting: There will be a pre-bid meeting at 11:00 AM on WEDNESDAY, OCTOBER 16, 2024; at 1331 Manhattan Avenue (southwest corner of Manhattan Avenue and 14th Street), Hermosa Beach, CA . The City will respond to questions from prospective Bidders at that time. Each Bidder is strongly encouraged to attend the meeting. Regardless of attendance, each prospective Bidder shall familiarize itself with the plans and work site(s) to satisfy itself that it has the abilities and resources to complete the work. The City will respond to questions from prospective Bidders at that time.

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 OCTOBER 21, 2024; at 2:00 PM. 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 OCTOBER 29, 2024; at 2:00 PM 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

7 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.

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 “A” 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.

8 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

9 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. Contractorshall 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.

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

10 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 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

11 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.

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

12 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.

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 non-responsive and will be rejected. The Contractor must hold all sub-Contractors to these same Contract requirements.

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

13 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 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.

14 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;
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

15 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 a 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, 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;

16 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.

17 IV. BID DOCUMENTS
A. PROPOSAL
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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 90 working days from the date the Notice to Proceed is issued by the Engineer.
_____________________________
______________________________Contractor Signature .............

Contractor License Number

18 B. BID SCHEDULE
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
Item
No.

Est.

Quantity Description Unit Price Total

GENERAL ITEMS
1 1 LS Mobilization & Demobilization (Not to Exceed 5% of Bid) $ $ 2 1 LS Temporary Construction Fencing / Site Securing $ $ 3 1 LS Site Maintenance/SWPPP/BMP’s/Erosion Control $ $ 4 1 LS Const. Survey and Re-Establishment of Centerline Ties and Monuments $ $
5 1 LS Traffic Control $ $

SITE DEMOLITION
6 1 LS General Clearing and Grubbing $ $
7 43 LF Remove and Dispose of Existing Concrete Curb & Gutter $ $ 8 127 LF Remove and Dispose of Concrete Curb Only $ $
9 139 SF Remove and Dispose of Concrete Driveway Approach $ $ 10 740 SF Remove and Dispose of Existing Concrete Sidewalk $ $ 11 31 SF Remove and Dispose of Existing Concrete Curb Ramp $ $ 12 7000 SF Remove and Dispose of Existing AC Pavement $ $ 13 1 LS Remove and Dispose of Existing Combination Timber and Concrete Retaining Wall $ $
14 1 LS Remove and Dispose of Existing Timber Planter / Retaining Wall $ $
15 3 EA Remove and Dispose of Existing Light Standard $ $ 16 6 EA Remove and Salvage Existing Restricted Parking and Smoke Free Zone Signs
$ $
17 5 EA Remove and Salvage Existing "Do Not Enter", "One Way" & Street Name Signs $ $
18 11 EA Remove and Dispose of Existing Parking Meters and Foundation $ $
19 17 EA Remove and Dispose of Existing Wheel Stop $ $
20 76 LF Remove and Dispose of Existing Chain Link Fence, Fence Post, and Foundation $ $
21 2 EA Remove and Dispose of Existing Bollard $ $
22 1 EA Remove and Salvage Existing Grease Trap for Reuse $ $ 23 1 EA Remove and Dispose of Existing Irrigation Detector Check $ $ 24 1 EA Remove and Dispose Existing Electrical Pull Box $ $ 25 13 SF Remove and Dispose of Existing Concrete Collar $ $

19 Item
No.

Est.

Quantity Description Unit Price Total
26 5 EA Remove and Dispose of Existing Tree $ $
27 2 EA
Remove Existing Handicap and No Parking Signs. Handicap Sign to be Salvaged and Relocated per
Signage and Striping Plan
$ $
28 2 EA
Remove and Salvage Existing R-1 "Stop" Sign. See Signage and Striping Plan for New Location $ $
29 2 EA
Remove and Salvage Existing 4-Yard Trash Container (50-1/2" x 72") for Reuse $ $
30 2 LS Remove and Dispose of Existing Cactus $ $

SITE GRADING
31 9800 SF Soils Preparation $ $
32 390 CY Site Grading, Cut-Volume $ $
33 180 CY Site Grading, Fill-Volume $ $
34 220 CY Earthwork Exports / Haul $ $

HARDSCAPE IMPROVEMENTS
35 2535 SF Construct 3" AC over 4" AB Per Soils Engineer's Recommendations $ $ 36 143 SF Construct Full Depth AC Paving $ $
37 45 SF
Construct New AC Paving. New Paving to Match Existing Adjacent Pavement Section $ $
38 192 SF
Construct AC Pavement Join with Existing AC Pavement Cold Plane and Overlay Per Detail on Sht. 7
$ $
39 3461 SF Construct Permeable Concrete Pavers in Parking Areas Per Detail on Sheet 7
$ $
40 66 LF
Construct Concrete Drainage Swale, Type F Per City of Hermosa Beach Standard Plan No. 101. Modify Swale Width From 2'-0" To 2'- 4"
$ $
41 1475 SF Construct 4" Concrete Sidewalk Per City of Hermosa Beach Standard Plan No. 106 $ $
42 220 SF Construct Concrete Residential Driveway Approach Per City of Hermosa Beach Standard Plan No. 102 $ $
43 323 SF
Construct 6" Thick Concrete Pavement Per Soils Engineer's Recommendations. Construct Weakened Plane Joints for
Pavement Per Detail on Sheet 8
$ $
44 23 LF
Construct 8" Concrete Curb Only, Type A Per City of Hermosa Beach Standard Plan No. 100 $ $
45 200 LF
Construct 6" Concrete Curb Only, Type B Per City of Hermosa Beach Standard Plan No. 100 $ $
46 83 LF Construct 4" Concrete Curb Only Per Detail on Sheet 8 $ $ 47 102 LF Construct Variable Height Concrete Curb & Gutter Per Detail on Sheet 8 $ $

20 Item
No.

Est.

Quantity Description Unit Price Total
48 3 EA
Install 36" Square Tree well Neenah Foundary R-8704- A with 16" Diameter Opening and Type "P" Frame $ $
49 150 LF
Construct Concrete Band Per Detail on Sheet 8
$ $
50 63 LF
Construct Heavy Duty Concrete Curb Per Detail on Sheet 7 $ $
51 30 LF
Construct Modified Concrete Curb & Gutter, Type A Per City of Hermosa Beach Standard Plan No. 101 and Detail on
Sheet 8
$ $
52 10 LF Construct Concrete Curb & Gutter with Slot Drain Per Detail on Sheet 7
$ $
53 65 LF Construct Concrete Drainage Swale, Type E Per City of Hermosa Beach Standard Plan No. 101 $ $
54 22 LF Construct Extended Depth Sidewalk Edge Per Detail on Sheet 8$ $ 55 2 EA Install Detectable Warning Surface Per Detail on Sht. 8 $ $ 56 22 EA Install Precast Concrete Wheel Stop Per Detail on Sht. 8 $ $ 57 47 LF Construct Extended Depth Sidewalk Edge Adjacent to Permeable Pavers Per Detail on Sheet 8
$ $
58 1 LS Adjust Existing Water Meter Box and Valve Box to Proposed Grade $ $
59 1 LS Construct Bio-Swale Per Detail on Sheet 7 $ $
60 327 SF Construct Non-Permeable Concrete Pavers in Pedestrian Areas Per Detail on Sheet 8
$ $
61 77 SF Construct 4" Thick Concrete Paving with River Rock Per Detail on Sheet 8
$ $
62 17 LF
Construct Variable Height Concrete Curb and Gutter, Modified Type A Per City of Hermosa Beach Standard Plan No. 101. Curb Height Per Plan
$ $
RET. / SCREEN WALLS AND TRASH ENCLOSURE
63 125 SF Construct Retaining Block Wall "A" Per Detail 1 on Sheet 9$ $ 64 418 SF Construct Retaining Block Wall "B" Per Detail 2 on Sheet 9$ $ 65 158 SF Construct Retaining Block Wall "C" Per Detail 3 on Sheet 9$ $ 66 552 SF Construct Retaining and Screen Wall "D" Per Detail 4 on Sheet 10 $ $
67 64 SF Construct Screen Wall "E.1" Per Detail 5 on Sheet 10 $ $ 68 46 SF Construct Retaining Wall "F1" Per Detail 6 on Sheet 10 $ $ 69 57 SF Construct Retaining and Screen Wall "F2.1" Per Detail 7 on Sheet 10
$ $
70 78 SF Construct Retaining Wall "F3" Per Detail 8 on Sheet 11 $ $

21 Item
No.

Est.

Quantity Description Unit Price Total
71 2 EA Install Gate Pole for Trash Enclosure Gate. Pole To Be Attached to Wall Per Detail 9 on Sheet 11. See Trash Enclosure Details on Sheet 5 For Pole Location
$ $
72 1 EA
Install Gate Pole for Trash Enclosure Gate. Pole To Be
Freestanding Per Detail 10 on Sheet 11. See Trash
Enclosure Details on Sheet 5 For Pole Location
$ $
73 1 LS Construct Trash Enclosure Gates and Roofing Per Details on Sheet 5
$ $

SIGNING AND STRIPING
74 1 LS Parking Lot Striping and Markings $ $
75 5 EA Install Salvaged R5-1, R6-1R, R6-1L, and Street Name Signs $ $ 76 3 EA Install R1-1 Stop Sign $ $
77 1 EA Install R6-1L One Way Sign. Mount Sign 36" Above Top of New Curb $ $
78 1 EA Install Salvaged Handicap Parking Sign $ $
79 1 EA Install Handicap Van Accessible Sign Below Salvaged Handicap Parking Sign
$ $
80 2 EA Install Electric Vehicle Parking Sign $ $
81 6 EA Install Salvaged Restricted Parking Sign $ $
82 6 EA Install Salvaged Smoke Free Zone Sign Below Salvaged No Parking Sign $ $
83 2 EA Install Neighborhood Electric Vehicle (NEV) Parking Sign $ $ 84 1 LS Paint Curb Red $ $
85 3 EA Catch Basin Stenciling on Curb Per City of Hermosa Beach Standards $ $

STORM DRAIN FACILITIES
86 239 LF
Install 4" PVC (SCH 40) Subdrain Pipe for Retaining Walls Per Soils Engineer's Recommendations $ $
87 11 LF Construct Concrete Trench Drain Per Detail on Sheet 8 $ $ 88 195 LF Install 4" PVC (SCH 40) Area Drain Pipe $ $
89 68 LF Install 6" PVC (SCH 40) Area Drain Pipe $ $
90 48 LF Install 8" PVC (SCH 40) Area Drain Pipe $ $
91 1 EA Install 6"x4" PVC Reducer $ $
92 3 EA Install Area Drain Cleanout $ $
93 36 LF Install 4" Perforated PVC (SCH 40) Subdrain Pipe Per Detail on Sheet 8
$ $
94 30 LF Install NDS 500 Mini Channel Drain Per Detail on Sht. 3 $ $ 95 1 EA
Install 18" Square Brooks Box 1818 Catch Basin with Galvanized Steel Traffic Grate Per Detail on Sheet 7
$ $

22 Item
No.

Est.

Quantity Description Unit Price Total
96 1 EA Install 24" Square Brooks Box Catch Basin 2424 With Galvanized Steel Traffic Grate Per Detail on Sheet 3
$ $
97 1 LS Install Infiltration Trench System Per Detail on Sheet 7 $ $ 98 10 LF Install Slot Drain Per Detail on Sheet 7 $ $
99 16 LF Install 4" PVC (SCH 80) Area Drain Pipe $ $
100 22 LF Install 6" PVC (SCH 80) Area Drain Pipe $ $
101 16 LF Install 8" PVC (SCH 80) Area Drain Pipe $ $
102 14 LF Construct Slurry Backfill Under Trash Enclosure Slab Per Detail on Sheet 3
$ $
103 1 EA Install FloGard Model FF-18D Grated Inlet Catch Basin Filter Frame with Filter Per Details on Sheet 12
$ $
104 1 EA Install FloGard Model FF-24D Grated Inlet Catch Basin Filter Frame with Filter Per Details on Sheet 12 $ $
105 1 EA Install Flogard Model FG-TDOF12-5 Trench Drain Insert Filter Per Details on Sheet 12 $ $
106 1 EA Install Flogard Model SK-0955-12 Outlet Trash Screen Per Details on Sheet 12
$ $

SITE AMENITIES
107 220 LF Install Guardrail per Detail on Sheet 13. Guardrail to be Core Mounted in Wall $ $
108 78 LF Install Handrail per Detail on Sheet 13. Handrail Height to be 36” From Finish Surface to Top of Rail $ $
109 270 SF Weed Control Fabric $ $
110 15 EA Boulder (Installation Included) $ $
111 2 TN Grouted River Rock (Installation Included) $ $ 112 3 EA Wall Water Scupper $ $
113 2 EA Electric Vehicle Charging Station $ $
114 2 EA Multi-Space Meter / Pay-Stations $ $
115 8 kW Solar Photovoltaic System $ $
116 1 EA Solar Battery System $ $

SITE FURNITURE
117 6 EA Bicycle Rack $ $
118 1 EA Concrete Pebble Seat - Large $ $
119 1 EA Concrete Pebble Seat $ $
120 1 EA Waste Receptacle $ $
121 1 LS Skate stopper $ $

23 Item
No.

Est.

Quantity Description Unit Price Total

IRRIGATION
122 645 S
F
Automatic Irrigation System $ $
123 1 E
A
Automatic Irrigation Controller $ $
124 6 S
E
T
Tree Bubblers $ $
125 7 E
A
Vine Bubbler $ $
126 3 E
A
Scupper Bubbler $ $

PLANTING
127 645 S
F
Soil Preparation and Weed Abatement $ $
128 645 S
F
3" Thick Layer of Mulch $ $
129 3 E
A
36" Box Street Tree $ $
130 3 E
A
24" Box Parking Lot Tree $ $
131 7 E
A
5 Gallon Vine $ $
132 58 E
A
5 Gallon Shrub $ $
133 77 E
A
1 Gallon Shrub $ $
134 4 E
A
Flats $ $
135 1 L
S
90-Day Post Installation Establishment (645 SF) $ $

ELECTRICAL AND LIGHTING
136 3 E
A
Type F1 Light Fixture (area cobra head) $ $
137 16 E
A
Type F2 Light Fixture (recessed wall) $ $
138 1 E
A
Pedestal Panelboard $ $
139 10 E
A
Concrete Pull Boxes $ $
140 700 L
F
Schedule 80 PVC conduit $ $
141 21 C
L
12 AWG conductors $ $

24 F
142 2 C
L
F
10 AWG conductors $ $
143 4 C
L
F
8 AWG conductors $ $
(Total Bid in Figures)
______
(Total Bid in Words)
Contractor Name:
______
+++++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: __________________________________________

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

WHEREAS, ________________________________, (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach CIP NO. 682 PARKING LOT “D” IMPROVEMENTS PROJECT said work being: CIP NO. 682 PARKING LOT “D” IMPROVEMENTS PROJECT as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.

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

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

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

Principal
By
Title

26 Surety
By
Title

27 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

28 D. BIDDER'S ASSURANCE
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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. 682 PARKING LOT “D”

IMPROVEMENTS PROJECT
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 Bid Schedule.

BY: TITLE:

29 E. BIDDER'S DECLARATION
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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 Bid Documents .

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

30 proper opening by the City.

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.

31 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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:

32 G. CERTIFICATION OF PRINCIPAL
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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:

33 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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:

34 I. NON-COLLUSION DECLARATION
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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

35 J. REFERENCES OF WORK
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
Date: ________________
The following are the names, addresses and phone numbers/ 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.
________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
___________________________________ ___________________________________ Contract Amount Date Completed
_________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
________________________________ _____________________________________ Contract Amount Date Completed

36 _________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
__________________________________ ____________________________________ Contract Amount Date Completed
_________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
_________________________________ ____________________________________ Contract Amount Date Completed
For additional References, please add separate sheets.

37 K. SUBCONTRACTORS LIST
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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

38 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

39 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)

40 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.

41 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.”

42 V. CONTRACT DOCUMENTS
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT

43 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. [INSERT NUMBER] [INSERT PROJECT NAME] (“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. [INSERT NUMBER], [INSERT PROJECT NAME] in the City of Hermosa Beach.

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

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP NO. [INSERT NUMBER] [INSERT PROJECT NAME]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 for Public Works Construction 2024 edition, Special Provisions, Exhibit A, [LIST ALL EXHIBITS HERE] , 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

44 to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the Contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these Contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal [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 the Special Provisions 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,

45 and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

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

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

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

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

When unemployment 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.

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.

46 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

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

CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A Contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works Contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

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

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

9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all Contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted nor any Contract entered into without proof of the Contractor’s and subcontractors’ current registration with the DIR to perform public work.

Notwithstanding the foregoing, the Contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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

11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7.

Any Contract on a public works project entered into between a Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works Contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a Contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

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

48 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

49 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 (14) calendar days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the Contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.

16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this Contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property

50 which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors. a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence.

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vii. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.

At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection

51 with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
d. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear.
ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. e. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
iii. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.
iv. A copy of the claims reporting requirements must be submitted to the CITY for review. v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

52 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.

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.

53 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 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

54 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) calendar days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such Contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

55 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 calendar 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 calendar 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 calendar days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three calendar 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 calendar 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.

56 CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 calendar days (if the claim is less than $50,000, within 15 calendar 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 calendar days of receipt of CITY’s response or within 15 calendar 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 calendar days for settlement of the dispute.

Mediation. Within 14 calendar 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 calendar 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 14 calendar days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.

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

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

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

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

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

57 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 calendar days, but no earlier than 30 calendar 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 calendar days by both parties of a disinterested third person as mediator, shall be commenced within 30 calendar days of the submittal, and shall be concluded within 15 calendar days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

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

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

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

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

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

58 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 or without cause, by giving CONTRACTOR three (3) calendar 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 are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

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

29. FORCE MAJEURE. If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as provided in the Contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the Contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract documents. A Force Majeure Event shall mean

59 an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

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

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

32. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.

State of California
CONTRACTOR'S License No. __

CONTRACTOR

_________________ By: ____________________________________________ Date TITLE

60 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

61 B. AGREEMENT OF INDEMNIFICATION

AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION CIP No. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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:

62 C. EQUALS
CIP No. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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 the Contract Documents, 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.

63 D. FAITHFUL PERFORMANCE BOND
CIP No. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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

64 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]

65 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)

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 Contractor/Principal.

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

68 E. PAYMENT BOND (LABOR AND MATERIALS)
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Hermosa Beach (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a Contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work Contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

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

69 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

70 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.

71 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

72 F. GUARANTEE TO THE CITY OF HERMOSA BEACH
CIP No . 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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

73 G. GENERAL COMPREHENSIVE LIABLITY ADDITONAL INSURED

ENDORSMENT
CIP No. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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.

74 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 above-named 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.: ( )

75 H. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT CIP No. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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

76 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 above-named 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.: ( )

77 I. INSTRUCTIONS FOR COMPLETING, EXECUTING, AND SUBMITTING

EVIDENCE OF INSURANCE TO THE OWNER
CIP NO. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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

78 transmit the forms to the City. Signatures must be originals as the City will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures.

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.

79 J. WORKER'S COMPENSATION INSURANCE CERTIFICATE
CIP No. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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

80 K. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL CIP No. 682
PARKING LOT “D” IMPROVEMENTS PROJECT
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: ___________________________________________

81 L. W9 FORM

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021

TECHNICAL

SPECIFICATIONS
TS-1

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021

TABLE OF CONTENTS

DESCRIPTION PAGE
PART I – PRODUCT AND VENDOR INFORMATION ……………………….……. TS-4 Item 1: ORCO CMU Screen and Retaining Walls
Item 2: CableViewTM Cable & Railing Guardrail and Handrail Item 3: Flogard Grated Inlet Catch Basin Filter Frame & Filter, Trench Drain Insert & Filter, and Outlet Trash Screen
Item 4: Covered Trash Enclosure
Item 5: Permeable Interlocking Concrete Pavers
PART II – GENERAL SPECIFICATIONS …………………………………………… TS-8 010000 Initial Submittal Requirements
010450 Existing Facilities
011000 Construction Survey Staking
011100 Compaction Testing
012000 Requests for Information (RFI)
013000 Contractor Submittals
014000 Preconstruction and Post Construction Conferences 014100 Construction Safety Procedures
014400 Temporary Facilities and Controls
015200 Closeout Procedures
018400 Basis of Measurement for Payment
PART III - CIVIL SPECIFICATIONS ………………………………………………… TS-32 017420 Stormwater Pollution Control
024116 Demolition
057316 Cable Railings
312000 Earth Moving
321216 Asphalt Paving
321313 Concrete Paving
321413 Permeable Interlocking Concrete Pavement (PICP)
331100 Water Utility Distribution Piping
334100 Storm Utility Drainage Piping
TS-2

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021

TABLE OF CONTENTS - CONTINUED

DESCRIPTION PAGE
PART IV - LANDSCAPE & IRRIGATION SPECIFICATIONS ………….………… TS-97 328400 Planting Irrigation
329113 Soil Preparation
329200 Turf and Grasses
329300 Plants
329310 Non-Vegetative Site Materials
329320 Site Furniture and Amenities
329600 Transplanting
PART V – ELECTRICAL SPECIFICATIONS ………….…………………….……… TS-142

111200 Parking Control Equipment
260000 General Electrical Requirements
260519 Low Voltage Power Conductors & Cables
260526 Grounding & Bonding for Electrical Systems
260533 Raceways & Boxes for Electrical Systems
260553 Identification for Electrical Systems
262416 Panelboards
262726 Wiring Devices
262743 Electric Vehicle Service Equipment
263100 Solar Energy Power Generation Equipment
265619 LED Exterior Lighting
PART VI – ATTACHMENTS ………….…………………………………….….……… TS-223
Attachment 1: Geotechnical Report
Attachment 2: ORCO Wall Structural Calculations
Attachment 3: Trash Enclosure Roof Structural Calculations TS-3

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
PART I

PRODUCT AND VENDOR

INFORMATION
TS-4

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
Item 1 ORCO CMU Screen and Retaining Walls
Color: Wheat MW, Texture: Burnish
All exposed wall materials shall receive anti-graffiti coating. Contractor shall provide sample to the Engineer, with color and texture noted for review and approval prior to purchase and construction. Contractor shall provide sample to the Engineer, with color and texture noted for review and approval prior to purchase and construction.

Contact: ORCO Block & Hardscape
Rep: Abdol Bahrami, Architectural Sales Representative – O.C. 11100 Beach Blvd - PO Box E
Stanton, CA 90680
Office: (714) 527-2239
Cell: (714) 412-6510
[email protected] | www.orco.com
Item 2 CableViewTM Cable & Railing Guardrail and Handrail Material: Aluminum | Color: Natural
Mount Style: Core Mount | Top Rail: Shaped
Hand Rail Type: Use Stainless Steel Option
Contact: Stainless Cable & Railing, Inc.
3315 N.E. 112th Ave. Suite 73
Vancouver, WA 98682
Toll Free Tel: 888-686-7245 (RAIL) | Tel: 360-314-4288
Fax: 888-686-7245
Email: [email protected]
Web: http://stainlesscablerailing.com
Item 3 Flogard Grated Inlet Catch Basin Filter Frame & Filter, Trench Drain Insert & Filter, and Outlet Trash Screen
Contact: Oldcastle Infrastructure
Rebecca Gonzalez
Sales Representative, SoCal
P.O. Box 310039
Fontana, CA 92337
Direct: (909) 770-7056
Cell: (909) 347-9221
[email protected] | oldcastleinfrastructure.com TS-5

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
Item 4 Covered Trash Enclosure
A. Enclosure Walls: ORCO CMU Block (See Item #1)
B. Metal Enclosure Roofing:

Roofing deck (Verco or approved equal) shall consist of 1-1/2” deep x 20- gauge Type B (Grade 50) Zincalume / Galvalume coated steel panels (19’-2”L x 3’W with 6 ribs per panel). Roof panels shall be pre-cut with ribs running with the slope of the roof. Roofing shall be pre-finished with Dura Tech 5000 or equal paint finish. Color shall be Zincalume Plus (clear acrylic coating).

Steel roof finish shall be warranted for thirty (30) years under a separate roof manufacturer’s warranty. For additional information, please visit https://vercodeck.com.

Contact: Dave Hansen, District Sales Manager
Verco Decking, Inc.
714-939-9128 | Fax: 714-939-9109
C. Enclosure Gates, Posts and Beams:

Enclosure gates shall be 16-gauge ribbed metal with 2”x2”x1/4” steel angle iron frame and diagonal bracing. Continuous weld all joints. Square and rectangular hollow structural section (HSS) steel posts and beams shall conform to ASTM A500 specifications.

All enclosure gates and frame members shall be media blasted to a white finish removing all rust, scale, oil and grease. Powder coating for all gates and frame members shall be coated with TruZinc 7520-70138 zinc rich powercoating primer with a dry film thickness of 2.0 – 6.0 mils and hardness of 2H3H with a Salt Spray Resistance of 6,000 hours, and TCI Polyester 9000 series Super Durable Gloss finish paint (2.5-3.5 mils) with a hardness of H-H2 and has 1,000-hour Salt Spray Resistance. Total of primer and finish paint shall be

4.5-9.5 mils of paint. Finish color shall be RAL 1015 Light Ivory / TCI Color 9840-11974R. Finish shall be a smooth uniform surface with no pits, runs or sags. Primer and finish shall be provisionally warranted for five (5) years after acceptance from owner against peeling, flaking and rusting. For additional information, please visit https://tcipowder.com.

Contact: Bill McGuire, Sales and Technical Representative TCI Power Coatings
Mobile: 714-473-5539 | Fax: 909-464-9236
Email: [email protected]
TS-6

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
D. Erection: Contractor shall provide complete layout and shop drawings for review prior to ordering and construction. A sample of current stocked material shall also be submitted to ensure color accuracy due to potential color variations of stocked materials. Avoid the use of black lead pencils for marking Zincalume to prevent surface etching and corrosion. Use a pencil of any other color. Provide touch up powder coat of similar color paint to prevent rusting. Separate incompatible materials to prevent galvanic corrosion.

Item 5 Permeable Interlocking Concrete Pavers
A. Vehicular - Permeable (On-Site)
Belgard - Aqualine 4.5 x 9 x 80mm Permeable – Toscana, formerly Aqua Roc Pattern: Herringbone
Substitutions: No substitutions permitted.

B. Pedestrian - Interlocking (On-Site)
Belgard - Holland 4 x 8 x 60mm - Toscana
Polymeric Sand: Techniseal- HP NexGel – Tan
Substitutions: No substitutions permitted.

C. Pedestrian – Interlocking (Manhattan Avenue Parkway) Belgard – Avalon Slate 3-pc small and large pattern, Color: Bella Substitutions: Substitutions for an approved equal product that closely matches the existing pavers along the Manhattan Avenue is permitted.

Contractor to submit samples of proposed alternatives for approval.

Contact: Yvonna Garcia
Belgard Architectural Consultant – Southern California
10714 Poplar Ave., Fontana, CA 92337
Cell: 949 281-9692
TS-7

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021

PART II

GENERAL SPECIFICATIONS
TS-8

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
INITIAL SUBMITTAL REQUIREMENTS 010000-1
SECTION 010000 - INITIAL SUBMITTAL REQUIREMENTS

1.01 INITIAL SUBMITTAL REQUIREMENTS
A. Submittal requirements shall be as stipulated in the General and Special Provision and as follows:

1. Within fifteen (15) days of receiving of Notice to Award, Contractor shall submit all insurance requirements, executed agreement and progress schedule.

B. Existing Site Conditions Video:

The Contractor and the City’s representative shall video record all work areas prior to any equipment being moved to the site. Contractor shall utilize a video service such as “Video Fact” (http://videofact.net/) or approved equal. Video/photography of properties outside the immediate work area as designated by the plans, specifications, and ownership of City is prohibited, specifically adjacent private residences. The Contractor shall provide two copies of DVD’s to the City as a construction submittal before the contractor mobilizes to the site.

These DVD’s 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. Videos shall be clear and descriptive. The DVD’s shall be standard and in color. All DVD’s shall be indexed and catalogued in such a manner that each videoed area is readily identifiable, and shall also indicate the date and time (hour, minutes, and seconds) on which the video was made. The Contractor shall also video 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 videos, the area shall be restored as approved by the Engineer at Contractor’s expense. All DVD’s shall become the property of the City. Cost of videoing shall be included as part of the mobilization bid item.

END OF SECTION 010000
TS-9

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
EXISTING FACILITIES 010450-1
SECTION 010450 - EXISTING FACILITIES

1.01 DESCRIPTION
This section includes requirements for connection to and abandonment of existing sewer facilities.

1.02 LOCATION
A. The Contractor shall be responsible for determining in advance the location of all existing pipelines to which connections are to be made.

B. The Contractor shall notify Underground Service Alert of Southern California (Dig Alert) at least two working days prior to construction at 811.

1.03 CONDITION OF EXISTING FACILITIES
The City does not warranty the condition, size, material, and location of existing facilities. The Contractor shall be responsible for verifying the properties of the existing pipe that will be connected to the proposed piping.

1.04 PROTECTION OF EXISTING UTILITIES AND FACILITIES
A. The Contractor shall be responsible for the care and protection of all existing sewer pipe, water pipe, gas mains, culverts, power or communications lines, sidewalks, curbs, pavement, or other facilities and structures that may be encountered in or near the area of the work.

B. The Contractor shall submit a plan as to the method the Contractor will use to protect and support any utilities which will become exposed during excavation or that which are vulnerable to failure due to unsupported trenches or other construction activity.

C. In the event of damage to any existing facilities during the progress of the work and of the failure of the Contractor to exercise the proper precautions, the Contractor will pay for the cost of all repairs and protection to said facilities. The Contractor's work may be stopped until repair operations are complete.

1.05 PROTECTION OF LANDSCAPING
A. The Contractor shall be responsible for the protection of all the trees, shrubs, irrigation systems, fences, and other landscape items adjacent to or within the work area, unless they are directed to do otherwise on the plans.

TS-10

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
EXISTING FACILITIES 010450-2

1.06 MATERIALS
All materials used in making the connection or removing the facility from service shall be per the project plans

1.08 REMOVAL FROM SERVICE OF EXISTING MAINS AND APPURTENANCES A. General: Existing mains and appurtenances shall be removed from service at the locations shown on the plans or as directed by the City Representative.

B. Storage of Removed Material: Removed pipe and appurtenances may be temporarily stockpiled on the job in a location that will not disrupt traffic or be a safety hazard, or it may be delivered to the City yard as directed by the City Representative. In all cases the Contractor shall be responsible for the final disposal of all removed materials, including asbestos cement pipe.

C. Asbestos Cement Pipe (ACP): Asbestos cement pipe shall be removed at the joint or fitting, and disposed of in a proper manner. No field cutting of ACP shall be allowed.

The Contractor shall be responsible for the proper manifesting of the ACP at an authorized disposal site.

D. Maintenance of Service: Prior to performing any work to replace existing pipes and/or services, the Contractor shall make proper provisions for the maintenance and continuation of service as directed by the City Representative.

END OF SECTION 010450
TS-11

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
CONSTRUCTION SURVEY STAKING 011000-1
SECTION 011000 - CONSTRUCTION SURVEY STAKING

1.01 SURVEY STAKING FOR CLEARING LANDS AND RIGHTS-OF-WAY:

A. City shall provide field markers along both sides of the construction right-of-way (except where a side is contiguous with an improved road, street, or property) at horizontal curve BCs and ECs, at angle points, and at 100-foot-maximum intervals in horizontal curves and 500-foot-maximum intervals along horizontal tangent runs.

B. Markers will be wooden laths in open terrain and painted marks on structures and pavements.

1.02 SURVEY STAKING FOR CONSTRUCTING PIPELINES
A. For use in constructing pipelines, construction stakes and grade sheets shall be provided by the City.

B. For pipelines not installed in tunnels or casings, one stake will be set at 50-foot intervals for water lines and at all angle points and grade breaks. One additional reference stake and/or witness lath will be provided for each pipeline appurtenance. Stakes will be set at the surface of the ground or painted on the paved surface of the ground or painted on the paved surface along a mutually acceptable offset to the centerline of the pipeline. The offset shall be constant both as to side and distance from centerline for runs of not less than 2,000 feet where physically practicable with the provided easements. Station, offset, and cut/fill to flow line will appear on these stakes. The elevation of each point and the cut/fill to the pipe invert will be given on grade sheets. The Contractor shall exercise care in determining what offset is to be used, if sloping of the trench is anticipated. In no instance will the City’s Representative stake safety sloping. It shall be the CONTRACTOR’S responsibility to accurately transfer the line and grade for the facility to the trench bottom. Pavement scoring, cutting, and removal shall be accomplished from this same set of construction stakes. No additional stakes will be set for such purpose.

C. For pipe inside tunnels, two benchmarks and principal control monuments shall be provided for line and grade inside the tunnel or casing. The exact location of these benchmarks and monuments will be dictated by conditions at the site.

1.03 SURVEY STAKING FOR CONSTRUCTING STRUCTURES AND

APPURTENANCES
A. City shall provide survey staking and reference points.

TS-12

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
CONSTRUCTION SURVEY STAKING 011000-2
B. Major structures will be controlled by two lines set at right angles to each other, along two faces of the structure, the ends of each line to be beyond the limits of the work, and with elevations only marked on at least two of these control points.

C. Minor structures, manways, and appurtenances will have a stake set along the pipeline construction offset, with the respective pipeline station for its centerline shown.

D. Stakes will be provided after site rough grading has been completed.

1.04 CONSTRUCTION STAKING PROVIDED BY THE CITY SHALL BE SUBJECT TO

THE FOLLOWING CONDITIONS
A. The request for construction stakes shall be received in writing at least three (3) working days in advance of needed staking on the form provided in the Appendix.

B. The stakes, reference markers, and other survey points shall be carefully preserved. Otherwise, the Contractor will be charged for their replacement and will assume any expense resulting from their loss or disturbance. Should the City’s Representative be required to reset construction stakes, the cost for such resetting will be at the then current per diem rates. The full charges will include additional administrative and supervisory time charges as billed to the City and will be deducted by the City from the progress payments to the Contractor for the month in which the surveying work is done, and thereon paid to the City’s Representative.

C. Unless otherwise specified, the construction staking provided by the City’s Representative will be only for those items specified to be constructed or reconstructed on the plans or in the specifications. Any additional construction stakes required for the replacement of existing improvements that have been removed or disturbed at the CONTRACTOR’S option shall be the CONTRACTOR’S responsibility.

D. City shall pay for one set of construction survey staking as requested by Contractor on the form included in the Appendix.

1.05 COMMENCEMENT OF WORK
A. Work shall not proceed until construction stakes, which constitute instructions from the City’s representative, are provided.

END OF SECTION 011000
TS-13

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
COMPACTION TESTING 011100-1
SECTION 011100 - COMPACTION TESTING

1.01 REQUIREMENTS
A. The City shall perform all compaction tests on backfill.

B. The request for compaction testing shall be made to the City in writing at least forty-eight (48) hours before the Contractor is ready for compaction tests to be taken.

C. The Contractor shall make available construction equipment necessary to assist the CITY’S Representative in taking the tests.

D. If the backfill should fail the compaction test, the Contractor shall pay the cost of retesting.

E. If the Contractor is not ready to have compaction tests taken at the time and in the locations indicated on the written request, the Contractor shall be responsible for all standby charges and/or return visit costs to take the requested tests.

F. If the Contractor plans to use imported sand or other imported material for backfill, a sample of the material to be used for the backfill shall be delivered to the ______ for testing, prior to the commencement of backfilling. If the test fails, the Contractor shall pay the cost of retesting.

END OF SECTION 011100
TS-14

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
REQUEST FOR INFORMATION 012000-1
SECTION 012000 - REQUESTS FOR INFORMATION (RFI)

1.01 GENERAL
A. CONTRACTOR shall submit a Request for Instruction (RFI) to CITY if CONTRACTOR:

1. requires instruction pursuant to General Provision Errors or Discrepancies Noted by CONTRACTOR,

2. raises a question requiring clarification,

3. requests product or material changes,

4. requests design changes, or

5. requires other information from CITY.

1.02 RFI SUBMITTAL PROCEDURE
All RFIs shall be submitted on CITY Forms and shall include all backup information.

Backup information shall include, but not be limited to, CONTRACTOR verified field measurements, quantities, dimensions, installation requirements, materials, catalog number, and any other information that will assist the CITY in reviewing the RFI. A copy of RFI form can be found in the Appendix.

1.03 CITY RESPONSE
Within seven (7) days of receipt of RFI, CITY will either return a response to the RFI or notify CONTRACTOR when a response will be issued.

1.04 COMMENCEMENT OF RFI-RELATED WORK
No portion of the work requiring instruction from CITY shall begin until RFI has been reviewed by CITY and returned to CONTRACTOR with instruction or with notation indicating CITY response is not necessary.

END OF SECTION 012000
TS-15

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
CONTRACTOR SUBMITTALS 013000-1
SECTION 013000 - CONTRACTOR SUBMITTALS

1.01 GENERAL
A. Wherever submittals are required hereunder, all such submittals by the Contractor shall be submitted to the City.

B. Within 14 days after the date of commencement as stated in the Notice to Proceed, the Contractor shall submit the following items to the City for review.

1. A preliminary schedule of Shop Drawing, Sample, and proposed Substitutes or “Or Equal” submittals.

2. A list of all permits and licenses the Contractor shall obtain indicating the agency required to grant the permit and the expected date of submittal for the permit and required date for receipt of the permit.

1.02 SHOP DRAWINGS
A. Wherever called for in the Contract, or where required by the City, the Contractor shall furnish to the City for review, six (6) copies of each shop drawing submittal.

The term "Shop Drawings" as used herein shall be understood to include detail design calculations, shop drawings, fabrication, and installation drawings, erection drawings, list, graphs, catalog sheets, data sheets, and similar items.

Whenever the Contractor is required to submit design calculations as part of a submittal, such calculations shall bear the signature and seal of an engineer registered in the appropriate branch and in the state wherein the project is to be built, unless otherwise directed.

B. Except as may otherwise be indicated herein, the City will return two (2) prints of each submittal to the Contractor with its comments noted thereon, within 14 calendar days following their receipt by the City.

C. If the submittal is returned to the Contractor marked "NO EXCEPTIONS TAKEN," formal revision and resubmission of said submittal will not be required.

D. If the submittal is returned to the Contractor marked "MAKE CORRECTIONS NOTED," formal revision and resubmission of said submittal will not be required.

E. If the submittal is returned to the Contractor marked "REVISE-RESUBMIT," the Contractor shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the City.

TS-16

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
CONTRACTOR SUBMITTALS 013000-2
F. If the submittal is returned to the Contractor marked "REJECTED-RESUBMIT," the Contractor shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the City.

G. Fabrication of an item shall be commenced only after the City has reviewed the pertinent submittals and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis for changes to the contract requirements.

H. All Contractor shop drawings submittals shall be carefully reviewed by an authorized representative of the Contractor, prior to submission to the City. Each submittal shall be dated, signed, and certified by the Contractor, as being correct and in strict conformance with the Contract Documents. In the case of shop drawings, each sheet shall be so dated, signed, and certified. No consideration for review by the City of any Contractor submittals will be made for any items which have not been so certified by the Contractor. All non-certified submittals will be returned to the Contractor without action taken by the City, and any delays caused thereby shall be the total responsibility of the Contractor.

I. The City's review of Contractor shop drawings submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimensions.

The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall be responsible for the dimensions and the design of adequate connections and details.

1.03 PROPOSED SUBSTITUTES OR “EQUAL” ITEM SUBMITTAL
A. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function, and quality required. If the name is followed by the words “or equal” indicating that a substitution is permitted, materials or equipment of other Suppliers may be accepted by the Engineer if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to that named, subject to the following requirements.

1. The burden of proof as to the type, function, and quality of any such substitute material or equipment shall be upon the Contractor.

2. The Engineer will be the sole judge as to the type, function, and quality of any such substitute material or equipment and Engineer’s decision shall be final.

TS-17

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
CONTRACTOR SUBMITTALS 013000-3

3. The Engineer may require the Contractor to furnish at the Contractor’s expense additional data about the proposed substitute.

4. The City may require the Contractor to furnish at the Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

5. Acceptance by the Engineer of a substitute item proposed by the Contractor shall not relieve the Contractor of any responsibility for full compliance with the Contract Documents and for adequacy of the substitute item.

6. The Contractor shall be responsible for resultant changes and all additional costs which the accepted substitution requires in the Contractor’s work, the work of its subcontractors and of other contractors, and shall effect such changes without cost to the City.

B. The procedure for review by the Engineer will include the following:

1. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make written application to the Engineer on the “Substitutions Request Form” for acceptance thereof.

2. Unless otherwise provided by law or authorized in writing by the Engineer the “Substitution Request Form(s)” shall be submitted within the 30 day period after award of the Contract.

3. Wherever a proposed substitute material or equivalent has not been submitted within said 30 day period, or wherever the submission of a proposed substitute material or equipment has been judged to be unacceptable by the Engineer, the Contractor shall provide the material or equipment named in the Contract Documents.

4. The Contractor shall certify that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified, and be suited to the same use as that specified.

5. The Engineer will be allowed a reasonable time within which to evaluate each proposed substitute.

6. As applicable, no shop drawing submittals will be made for a substitute item nor will any substitute item be ordered, installed, or utilized without the Engineer’s prior written acceptance of the Contractor’s “Substitution Request Form” which will be evidenced by a Change Order.

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CONTRACTOR SUBMITTALS 013000-4
C. The Contractor’s application using the “Substitution Request Forms” shall contain the following statements and/or information which shall be considered by the Engineer in evaluating the proposed substitution:

1. The evaluation and acceptance of the proposed substitute will not prejudice the Contractor’s achievement of substantial completion on time.

2. Whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adopt the design to the proposed substitute.

3. Whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty.

4. All variations of the proposed substitute for that specified will be identified.

5. Available maintenance, repair, and replacement service will be indicated.

6. Itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including cost of redesign and claims or other contractors affected by the resulting change.

1.04 SAMPLES SUBMITTAL
A. Whenever in the Specifications samples are required, the Contractor shall submit not less than 3 samples of each item or material to the Engineer.

B. Samples, as required herein, shall be submitted for acceptance a minimum of 21 days prior to ordering such material for delivery to the jobsite, and shall be submitted in any orderly sequence so that dependent materials or equipment can be assembled and reviewed without causing delays in the Work.

C. All samples shall be individually and indelibly labeled or tagged, indicating thereon all specified physical characteristics and Manufacturer’s name of identification and submitted to the Engineer for acceptance. Upon receiving acceptance of the Engineer, one set of the samples will be stamped and dated by the Engineer and returned to the Contractor, and one set of samples will be retained by the Engineer, and one set of samples shall remain at the job site until completion of the Work.

E. Unless indicated otherwise, all colors and textures of specified items presented in sample submittals shall be from the manufacturer’s standard colors and standard materials, products, or equipment lines.

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Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
CONTRACTOR SUBMITTALS 013000-5

1.05 CRITICAL EQUIPMENT SUBMITTALS
The Contractor shall make submittals to the City in a timely manner for the Work to be completed within the specified Contract Time. For the following items, inquiry reveals that potentially long lead times for delivery are required, making these items critical for the completion of the Work within the Contract Time.
• Masonry Blocks, Burnished
• Decorative Permeable Pavers
• Drainage Pipes and Inlets
• Water Quality Filter Inserts and Screens
• Electric Vehicle Charging Systems
• Multi-Space Parking Pay Stations
• Lighting Poles, Wall Packs, etc.
• Guardrail and Handrail
• Trash Enclosure (Gates and Roofing)
• Solar Equipment (Canopy and Footing, Battery and Appurtenances) • Precast Concrete Water Quality Treatment Unit
• Precast Concrete Vault
• Precast Shade Structure
• Pump systems
The preceding list does not necessarily include all critical equipment items. The Contractor shall be responsible for identification and timely submittal of all equipment items. The Engineer will endeavor to expedite submittal review of the critical equipment items to aid in reducing submittal-processing time.

1.06 SHOP DRAWINGS
The Contractor shall furnish to the City such working drawings, data on materials, calculations, and equipment and samples as are required for the proper control of the work, including, but not limited to the following:

A. Pavement and concrete mix design.

B. Pipe and fittings.

C. Bolts, nuts and gaskets.

D. Precast concrete vaults and drain boxes.

E. Trench and slot drains.

F. Trench shoring design and details per General Provisions.

All working drawings, data, and samples, shall be subject to review by the Engineer for conformity with the drawings and specifications.

1.07 RECORD DRAWINGS SUBMITTALS
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CONTRACTOR SUBMITTALS 013000-6
A. The Contractor shall keep and maintain, at the job site, one record set of Drawings. On these, it shall mark all project conditions, locations, configurations, and any other changes or deviations which may vary from the details represented on the original Contract Drawings, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to indicate, fully, the Work as actually constructed. These master record drawings of the Contractor’s representation of as-built conditions, including all revisions made necessary by addenda and change orders shall be maintained up to date during the progress of the Work.

B. In the case of those drawings which depict the detail requirement for equipment to be assembled and wired in the factory, such as motor control centers and the like, the record drawings shall be updated by indicating those portions which are superseded by change order drawings or final shop drawings, and by including appropriate reference information describing the change orders by number and the shop drawings by manufacturer, drawing, and revision numbers.

C. Record drawings shall be accessible to the Engineer at all times during the construction period and shall be delivered to the Engineer upon completion of the Work.

D. Upon substantial completion of the Work and prior to final acceptance, the Contractor shall complete and deliver a complete set of record drawings to the Engineer for transmittal to the City, conforming to the construction records of the Contractor. This set of drawings shall consist of corrected drawings showing the reported location of the Work.

The information submitted by the Contractor and incorporated by the Engineer into the Record Drawings will be assumed to be reliable, and the Engineer will not be responsible for the accuracy of such information, nor for any errors or omissions which may appear on the Record Drawings as a result.

END OF SECTION 013000
TS-21

Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
PRECONSTRUCTION CONFERENCE 014000-1
SECTION 014000 – PRE-CONSTRUCTION CONFERENCES

1.01 PRECONSTRUCTION CONFERENCE
A. Upon issuance of Notice to Proceed, or earlier when mutually agreeable, CITY will arrange a preconstruction conference in a convenient place for most persons invited.

B. CONTRACTOR’S superintendent, CITY, Engineer/Architect representatives of utilities, major subcontractors and others involved in performance of the Work, and others necessary to agenda shall attend Preconstruction Conference.

C. CITY will preside at conference.

D. Purpose of Conference: To establish working understanding between parties and to discuss Construction Schedule, shop drawing and other submittals, cost breakdown of major lump sum items, processing of submittals and applications for payment, and other subjects pertinent to execution of the Work.

E. Agenda Will Include:

1. Adequacy of distribution of Contract Documents.

2. Distribution and discussion of list of major subcontractors and suppliers.

3. Proposed progress schedules and critical construction sequencing.

3. Major equipment deliveries and priorities.

4. Project coordination.

5. Permits and Permit Conditions

6. Environmental (CEQA/NEPA) Mitigation Requirements

7. Designation of responsible personnel.

8. Procedures and Processing of:
a. Field decisions
b. Proposal requests
c. Submittals
d. Change Orders
e. Applications for Payment
f. Record Documents

9. Use of Premises:
a. Office, construction, and storage areas
b. CITY’S requirements

10. Construction facilities, controls, and construction aids

11. Coordination of construction with CITY operations and others TS-22

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PRECONSTRUCTION CONFERENCE 014000-2

12. Temporary utilities

13. Safety and first aid procedures
a. Contractor to submit safety plan to included Cal OSHA Requirements
b. Contractor Emergency Contacts List

14. Housekeeping procedures

15. Security procedures
F. CITY will record minutes of meeting and distribute copies of minutes within seven (7) days of meeting to participants and interested parties.

END OF SECTION 014000
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Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
CONSTRUCTION SAFETY PROCEDURES 014100-1
SECTION 014100 - CONSTRUCTION SAFETY PROCEDURES

1.01 GENERAL
A. CONTRACTOR shall assure that each employee is trained in the work practices necessary to safely perform his/her job.

B. CONTRACTOR shall assure that each employee is instructed in the known potential hazards related to his/her job and the process, and the applicable provisions of the emergency action plan for the plant or facility as covered during CONTRACTOR safety orientation.

C. CONTRACTOR shall document that each employee has received and understood the training required. The documentation shall contain the identity of the employee, the date of training, and the means used to verify that the employee understood the training. Documentation shall be submitted to CITY upon request.

D. CONTRACTOR shall advise CITY of any unique hazards presented by the CONTRACTOR’S work.

E. CONTRACTOR shall immediately notify CITY of any hazards found or discovered during the course of the work.

F. CONTRACTOR shall comply with the Cal OSHA Construction Safety Orders.

1.02 CONSTRUCTION SAFETY
A. CONTRACTOR shall submit a Construction Safety Plan detailing the methods and procedures for complying with California Labor Code Section 6401.7, Federal, and local health and safety laws, rules and requirements for the duration of the contract time. The plan shall include the following:

1. Identification of the Safety Officer (or Consultant), who will prepare, initiate, maintain and supervise safety programs, and procedures.

2. Procedures for providing workers with an awareness of safety and health hazards expected to be encountered in the course of construction.

3. Safety equipment appropriate to the safety and health hazards expected to be encountered during construction.

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CONSTRUCTION SAFETY PROCEDURES 014100-2

4. Methods for minimizing employees’ exposure to safety and health hazards expected during construction.

5. Procedures for reporting safety or health hazards.

6. Procedures to follow to correct a recognized safety and health hazard.

7. Procedures for investigation of accidents, injuries, illnesses and unusual events that have occurred at the construction site.

8. Periodic and scheduled inspections of general work areas and specific workstations.

9. Training for employees and workers at the jobsite.

10. Methods of communication of safe working conditions, work practices and required personal protection equipment.

B. CONTRACTOR shall assume responsibility for every aspect of Health and Safety on the jobsite, including the health and safety of Subcontractors, suppliers, and other persons on the jobsite.

C. CONTRACTOR’S Safety Officer shall periodically review job safety information and reports and make recommendations concerning worker health and safety at the jobsite.

D. CONTRACTOR shall employ health and safety measures specified by the Safety Officer, as necessary, for workers in accordance with OSHA guidelines.

E. CONTRACTOR shall transmit to CITY copies of reports and other documents related to accidents or injuries encountered during construction.

1.03 SAFETY PROCEDURES
A. Accident Prevention:

1. Exercise precautions throughout construction for protection of persons and property.

2. Observe safety provisions of applicable Laws and Regulations.

3. Guard machinery and equipment, and eliminate other hazards.

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CONSTRUCTION SAFETY PROCEDURES 014100-3

4. Make reports required by authorities having jurisdiction, and permit safety inspections of the Work.

5. Before commencing construction Work, take necessary action to comply with provisions for safety and accident prevention.

B. Barricades:

1. Place barriers at ends of excavations and along excavations to warn pedestrian and vehicular traffic of excavations.

2. Provide barriers with flashing lights after dark.

3. Keep barriers in place until excavations are entirely backfilled and compacted.

4. Barricade excavations to prevent persons from entering excavated areas in streets, roadways, parking lots, treatment plants, or other public or private areas.

C. Warning Devices and Barricades: Adequately identify and guard hazardous areas and conditions by visual warming devices and, where necessary, physical barriers.

1. Devices shall conform to minimum requirements of OSHA and State agency which administers OSHA regulations where Project is located.

D. Hazards in Public Right-of-Way:

1. Mark at reasonable intervals, trenches and other continuous excavations in public right-of-way, running parallel to general flow of traffic, with traffic cones, barricades, or other suitable visual markers during daylight hours. a. During hours of darkness, provide markers with torches, flashers, or other adequate lights.

2. At intersections or for pits and similar excavations, where traffic may reasonably be expected to approach head on, protect excavations by continuous barricades.
a. During hours of darkness, provide warning lights at close intervals.

E. Hazards in Protected Areas: Mark or guard excavations in areas from which public is excluded, in manner appropriate for hazard.

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City of Hermosa Beach November 2018, Revised June 2021
CONSTRUCTION SAFETY PROCEDURES 014100-4
F. Above Grade Protection: On multi-level structures, provide safety protection that meets requirements of OSHA and State agency which administers OSHA regulations where Project is located.

G. Protect existing structures, trees, shrubs, and other items to be preserved on Project site from injury, damage or destruction by vehicles, equipment, worker or other agents with substantial barricades or other devices commensurate with hazards.

H. Fences: Enclose site of the Work with fence adequate to protect the Work against acts of theft, violence and vandalism.

END OF SECTION 014100
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Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
TEMPORARY FACILITIES AND CONTROLS 014400-1
SECTION 014400 - TEMPORARY FACILITIES AND CONTROLS

1.01 CONSTRUCTION WATER
A. Construction water shall available through the water purveyor for the Work.

B. Construction water will be available at a fire hydrant located at the corner of 14th Street and Palm Drive. Contractor must complete a construction hydrant meter application, application fee, and submit a meter deposit with the water purveyor.

The City will pay for the cost of construction water.

1.02 CONSTRUCTION POWER
Temporary power is not available. Contractor shall provide for the purchase of power or provide portable power for the Work.

1.03 DUST CONTROL
A. Contractor shall provide the means and methods for controlling dust generated by work on the site at or below ambient dust levels for the City’s acceptance.

1.04 NOISE ABATEMENT
The Contractor shall comply with the following:

A. State and local requirements as to allowable noise levels during construction.

B. Equip all internal combustion engines in vehicles and construction equipment with effective mufflers.

C. Prevent noise disturbance to adjoining property owners and the public.

D. Project Mitigated Negative Declaration.

E. Permits.

END OF SECTION 014400
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Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
CLOSEOUT PROCEDURES 015200-1
SECTION 015200 - CLOSEOUT PROCEDURES

1.01 FINAL CLEANING
A. Perform final cleaning prior to inspections for Final Acceptance.

B. Use cleaning materials which are recommended by manufacturers of surfaces to be cleaned.

C. Prevent scratching, discoloring, and otherwise damaging surfaces being cleaned.

D. Broom clean exterior paved surfaces and rake clean other surfaces of site work.

Inspect yards and grounds to keep clean.

E. Remove dust, cobwebs, and traces of insects and dirt.

F. Clean grease, mastic, adhesives, dust, dirt, stains, fingerprints, paint, blemishes, sealants, plaster, concrete, and other foreign materials from sight-exposed surfaces, and fixtures and equipment.

G. Remove non-permanent protection and labels.

H. Polish glossy surfaces to clear shine.

1.02 WASTE DISPOSAL
A. Surplus materials, waste products, and other debris shall be properly disposed offsite.

1.03 TOUCH-UP AND REPAIR
A. Touch-up, repair, or replace finished surfaces on structures, equipment and installation that have been damaged prior to inspection for final acceptance.

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City of Hermosa Beach November 2018, Revised June 2021
CLOSEOUT PROCEDURES 015200-2

1.04 CLOSEOUT DOCUMENTS
A. Submit following closeout documents upon completion of the Work, and at least 7 days prior to application for Final Payment:

1. Project Record Documents, including:

Record drawings
Testing reports
Survey data

2. Warranties and Bonds

3. Spare Parts
END OF SECTION 015200
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Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021
BASIS OF MEASUREMENT FOR PAYMENT 018400-1
SECTION 018400 - BASIS OF MEASUREMENT FOR PAYMENT

1.01 BID SCHEDULE ITEMS
The price paid for the work items listed in the Bid Schedule shall include full compensation for furnishing the labor, material, tools and equipment and doing all of the related and incidental work involved to complete the work per the plans, specifications and contract documents. Contractor will include the cost of work not listed but necessary to complete the project designated in the Contract Documents in the various listed work items on the Bid Form.

The General Provisions and specifications which are not listed in the schedule of work items of the bid form are, in general, applicable to more than one listed work item, and no separate work item is provided therefore. Include the cost of work not listed, but necessary to complete the project designated in the contract documents, in the various listed work items of the bid form. This shall include, but not be limited to, keeping a neat and orderly work site, free of trash, and based on the City’s site inspections, the City shall back-charge the Contractor for any remedial trash pickup determined to be required by the City.

The bids for the work are intended to establish a total cost for the work in its entirety.

Should the Contractor feel that the cost for the work has not been established by specific items in the bid form, he shall include the cost for that work in some related bid item so that his proposal for the project does reflect his total cost for completing the work in its entirety.

Work for bid schedule items shall be constructed per the plans, specifications and contract documents, complete-in-place.

END OF SECTION 018400
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Parking Lot “D”
City of Hermosa Beach November 2018, Revised June 2021

PART III

CIVIL SPECIFICATIONS
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Parking Lot ‘D’
City of Hermosa Beach, CA November 2018, Revised June 2021 STORMWATER POLLUTION CONTROL 017420- 1
SECTION 017420 - STORMWATER POLLUTION CONTROL
PART 1 - GENERAL

1.1 PERFORMANCE
A. Minimum Water Quality Protection Requirements

1. The Contractor is required to meet the following minimum standards of good housekeeping:
a. Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheet flow, swales, area drains, natural drainage, or wind.
b. Stockpiles of earth and other construction-related materials must be protected from being transported from the site by wind or water.
c. Fuels, oils, solvents, and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil nor the surface waters. All approved toxic storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system.
d. Excess or waste concrete may not be washed into the public way or any drainage system. Provisions shall be made to retain concrete wastes on-site until they can be appropriately disposed of or recycled.
e. Trash and construction-related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. f. Sediments and other materials may not be tracked from the site by vehicle traffic.

The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public ways. Accidental depositions must be swept up immediately and may not be washed down by rain or by any other means.

B. Wet Weather Erosion Control Plan (WWECP)

1. The Contractor shall prepare a Wet Weather Erosion Control Plan (WWECP) and implement Best Management Practices (BMPs) necessary.

C. Stormwater Pollution Prevention Plan

1. The Contractor shall prepare applicable sections and comply with The Stormwater Pollution Prevention Plan (SWPPP). The Contractor shall complete and submit the Notice of Intent to construct under the California Construction General Permit (NPDES).

The Contractor shall implement Best Management Practices (BMPs) necessary to control TS-33

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City of Hermosa Beach, CA November 2018, Revised June 2021 STORMWATER POLLUTION CONTROL 017420- 2
stormwater pollution from sediments, erosion, and construction materials leaving the construction site.

2. The BMPs contained in the Development Best Management Practices Handbook – Part A, Construction Activities cover the following categories of construction activities:
a. Site preparation/earth removal
b. Underground structures
c. Aboveground structures
d. Roadways, walkways and parking lots
e. Planting and landscaping

3. The SWPPP document shall include the following information:
a. The name, location, period of construction, and a brief description of the Project. b. Contact information for the Contractor, including name, address, and telephone number.
c. Name, location, and description of any environmentally sensitive areas located on or adjoining the Project.
d. A list of major construction materials, waste, and activities. e. A list of BMPs to be used to control pollutant discharges from major construction materials, wastes, and activities.
f. A site plan (a construction plan may be used) indicating the location of BMPs where appropriate.
g. A developer’s certification statement that all required and selected BMPs will be effectively implemented.

4. Whenever the Contractor is required to get any type of permit from the Department of Building and Safety (DBAS), the Contractor shall submit the SWPPP document to the DBAS for review and approval before obtaining the permit. If the Contractor does not need any type of permit from the DBAS, the Contractor shall submit the SWPPP document to the Project Manager for review and approval. At least one copy of the approved SWPPP shall be kept at the construction site and accessible to City inspectors.

END OF SECTION 017420
TS-34

Parking Lot ‘D’
City of Hermosa Beach, CA November 2018, Revised June 2021 DEMOLITION 024116 - 1
SECTION 024116 - DEMOLITION
PART 1 - GENERAL

1.1 SUMMARY
A. This Section includes demolition and removal of the following:

1. Site improvements including site utilities.

2. Protecting existing trees, shrubs, groundcovers, plants, and grass to remain.

3. Removing existing trees, shrubs, groundcovers, plants, and grass.

4. Clearing and grubbing.

5. Stripping and stockpiling topsoil.

6. Removing above- and below-grade site improvements.

7. Disconnecting and capping or sealing site utilities.

8. Temporary erosion and sedimentation control measures.

B. See Division 26 Sections for demolishing or relocating site electrical items.

1.2 DEFINITIONS
A. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and salvaged or recycled.

B. Remove and Salvage: Detach items from existing construction and deliver them to Owner ready for reuse.

C. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or recycled.

1.3 MATERIALS OWNERSHIP
A. Historic items, relics, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, antiques, and other items of interest or value to Owner that may be encountered during demolition remain Owner's property. Carefully remove and salvage each item or object in a manner to prevent damage and deliver promptly to Owner.

Except for stripped topsoil or other materials indicated to remain Owner's property, cleared materials shall become Contractor's property and shall be removed from Project site.

1.4 SUBMITTALS (Not Applicable)

1.5 QUALITY ASSURANCE
A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.

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Parking Lot ‘D’
City of Hermosa Beach, CA November 2018, Revised June 2021 DEMOLITION 024116 - 2
B. Standards: Comply with ANSI A10.6 and NFPA 241.

C. Predemolition Conference: Conduct conference at Project site.

1.6 PROJECT CONDITIONS
A. Owner assumes no responsibility for buildings and structures to be demolished.

1. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical.

B. Hazardous Materials: Hazardous materials are present in buildings and structures to be demolished. A report on the presence of hazardous materials is on file for review and use.

Examine report to become aware of locations where hazardous materials are present.

1. Hazardous material remediation is specified elsewhere in the Contract Documents.

2. Do not disturb hazardous materials or items suspected of containing hazardous materials except under procedures specified elsewhere in the Contract Documents.

3. Owner will provide material safety data sheets for materials that are known to be present in buildings and structures to be demolished because of building operations or processes performed there.

C. Storage or sale of removed items or materials on-site is not permitted.

D. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations.

1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction.

2. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction.

E. Salvageable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises where indicated.

F. Utility Locator Service: Notify utility locator service for area where Project is located before site clearing.

I. Do not commence site-clearing operations until temporary erosion and sedimentation control measures are in place.

1.7 COORDINATION
A. Arrange demolition schedule so as not to interfere with Owner's, building manager's, and other tenants' on-site operations.

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Parking Lot ‘D’
City of Hermosa Beach, CA November 2018, Revised June 2021 DEMOLITION 024116 - 3
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION

3.1 EXAMINATION
A. Survey existing conditions and correlate with requirements indicated to determine extent of building and site demolition required.

B. Review Project Record Documents of existing construction provided by Owner. Owner does not guarantee that existing conditions are same as those indicated in Project Record Documents.

C. Inventory and record the condition of items to be removed and salvaged.

D. When unanticipated mechanical, electrical, or structural elements are encountered, investigate and measure the nature and extent of the element. Promptly submit a written report to Architect.

3.2 PREPARATION
A. Existing Utilities: Locate, identify, disconnect, and seal or cap off indicated utilities serving buildings and structures to be demolished.

1. Arrange to shut off indicated utilities with utility companies.

2. If utility services are required to be removed, relocated, or abandoned, before proceeding with building demolition provide temporary utilities that bypass buildings and structures to be demolished and that maintain continuity of service to other buildings and structures.

3. Cut off pipe or conduit a minimum of 24 inches below grade. Cap, valve, or plug and seal remaining portion of pipe or conduit after bypassing.

B. Existing Utilities: Refer to Division 22 (Plumbing) and 26 (Electrical) Sections for shutting off, disconnecting, removing, and sealing or capping mechanical or electrical utilities. Do not start demolition work until utility disconnecting and sealing have been completed and verified in writing.

C. Temporary Shoring: Provide and maintain interior and exterior shoring, bracing, or structural support to preserve stability and prevent unexpected movement or collapse of construction being demolished.

D. Removed and Salvaged Items: Comply with the following:

1. Clean salvaged items of dirt and demolition debris.

2. Pack or crate items after cleaning. Identify contents of containers.

3. Store items in secure area until delivery to Owner.

4. Transport items to Owner's storage area designated by Owner.

5. Protect items from damage during transport and storage.

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