Hermosa Beach City Council
January 14, 2025

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
53 Several parameters were used to screen the specific recommendations. The matrix in Table

5.2 provides a summary of recommendations with the following key implementation criteria:
• Cost
o Level of cost is relatively based against all other recommendations (i.e. constructing a parking structure would have a high cost respective to an employee parking permit program).
• Level of Difficulty
o Level of difficulty is relatively factored against all other recommendations based upon the amount of coordination or space available needed to implement the recommendation.
• Priority
o Priority level is factored against all other recommendations based upon the greatest impact that is in line with the City of Hermosa Beach’s goals. • Implementation Timeline
o Cost, level of difficulty, and priority were all factors weighted to inform the short- , mid-, or long-term implementation goals for each recommendation. • Recommended Zones for Implementation
o Recommended zones indicate where the recommendation would be most beneficial for implementation based on the zone’s unique character and observed demand.
• Relation to Study Goals
o Relation to Study Goals details how a recommendation aligns with the goals for the Coastal Zone stated in the Introduction. The goals are also listed below:
 #1: Create a parking system that meets the parking needs and demands of residents, visitors, and employees in an efficient and costeffective manner.  #2: Modify parking standards to encourage revitalization and investment in a pedestrian-oriented district.
 #3: Expand mobility options and optimize parking availability.

The recommendations listed below utilize policies and programs that will efficiently use existing parking supply while maintaining land use flexibility within the Coastal Zone. The recommendations emphasize a zonal and performance-based management approach that will better utilize parking assets. Improved parking management will enable Hermosa Beach to continue to grow sustainably, while reducing parking demand and traffic congestion.

The recommendations that follow are designed to work together to meet the City’s parking management goals. It is important that to the greatest extent possible the recommendations be implemented as a cohesive “package” of reforms. As the Coastal Zone area continues to grow and evolve, its parking needs will change as well. This report recommends techniques to both address current challenges and allow the City to be nimble in reacting to future parking challenges. Finally, it is important to emphasize that these recommendations are specific to the established parking zones studied and would not necessarily apply to other neighborhoods outside the City of Hermosa Beach Coastal Zone.

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
54 Table 5.2– Recommendations Matrix

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
55 Development of Recommendations
Each of the recommendations in this report are driven by inventory, occupancy, and demand analyses and are aligned by the goals and objectives from PLAN Hermosa, the Beach Access and Parking Study, and the Downtown Core Revitalization Strategy. The recommendations made in this report draw from best practices by peer cities and industry-wide standards as guidance, but were tailored to address the unique features of Hermosa Beach’s infrastructure, character, and geography.

Strategically Invest in Information and Technology
Information and technology solutions are key aspects in advanced parking demand management. A strategic vision for technology solutions tied to new parking management policies would ensure successful implementation and monitoring of the City’s parking goals.

These first two recommendations set a framework for innovating data collection, communicating critical information, and promote change in parking behavior.

Recommendation #1
Implement an App-Based Mobile Pay System
Cost: Average
Level of Difficulty: Average
Priority: High
Implementation Timeline: Near-Term
Zones for Implementation: All
Related Study Goals: #2, #3
Why?
Most payment systems are antiquated. Finding current parking in in high-demand areas consist of circling, which has secondary effects of congestion and could leave an unpleasant experience for users. After parking, drivers have to leave their car and check the meter before they would know the cost of parking in that space. After a driver pays with coins or card, users with longer visits tend to need to return to their car and “feed the meter” if they wished to stay in Hermosa Beach longer, compelling them to find a new parking space if they’ve hit the hours restriction or cut their visit short altogether. Implementing application-based mobile pay system for parking in Hermosa Beach would allow drivers to find open spaces immediately, know the price of the space in realtime, and be able to pay for the parking space from anywhere. The application-based system would allow the users to have multiple options, regardless of how long or short their stay.

How?
The City of Hermosa Beach has a strong desire to stay ahead of the technological curve for parking and mobile payment systems. There are numerous payment applications that are able to make parking in Hermosa Beach as convenient and efficient as possible. Mobile phone applications, such as Passport, ParkMobile, SpotHero, and Parking Panda allow users the ability to be as informed as possible and take control of their parking. There are wide-ranging benefits with minor infrastructure changes for converting the current pay system to an app-based program online.

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
56 The multiple benefits to installing and implementing an app-based pay system include the ability to:
• Show available parking spaces in real-time, allowing potential parkers to know exactly where to go, which would reduce and/or eliminating the need to circle • Pay for parking spaces from the app before a user begins their journey, offering peace of mind to those visiting Hermosa Beach
• Expand the number of payment options, increasing the likelihood a user will park at a paid spot
• Allow users to know prices and dynamic rate changes in real-time before they choose a parking spot, affording the users to make informed decisions on pricing compared to the distance to their final destination
• Become informed on events in Hermosa Beach, which may influence dynamic rates and availability of parking
• Pay from anywhere, pay for additional time, and know the duration of time left on the meter, eliminating the need to constantly “feed the meter,” or stress about their length of time their car has been parked
Many application-based parking solution companies have demos that allow municipalities to explore solutions, demo administrative tools, implement pilot programs, and view the technical capabilities of the system.

Case Study
In terms of payment systems, there are various emerging technologies with a range of applications that municipalities are starting to utilize. For example, the City of Long Beach in 2018 launched the Passport parking mobile app which simplifies parking payments at their beachfront parking lots. Similarly, the City of Newport Beach launched a program called ParkMobile, which shows available parking meters in real-time in addition to reserving metered spots before a user arrives.

Recommendation #2
Design and Implement a Demand-Based Parking Management Program Cost: High
Level of Difficulty: High
Priority: Average
Implementation Timeline: Mid-Term
Zones for Implementation: 1, 3, 5, 6, 7
Related Study Goals: #2, #3
Why?
Static parking rates do not match the level of demand or patterns of behavior. For example, silver post meters in Hermosa Beach are set at $1.25 every hour, then $1.50 every hour after 8:00 PM. In addition, yellow post meters are always $1.25 every hour, including those adjacent to Lot A. Often, on-street prices cost less than off-street prices, which can provide incentive for drivers to circle and wait in traffic to find the best deal. In this system, some spaces may be

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
57 underutilized. Additionally, the current Hermosa Beach parking system varies in payment, information and technology; this can overwhelm the user and decrease the system’s value.

It is recommended that the City of Hermosa Beach look to adopt and implement a demandbased parking program that adjusts rates and regulations to make it as easy as possible for users to find a parking space. The main goal of this demand-based pricing strategy is to ensure consistent availability of parking spaces while distributing parking demand throughout the Coastal Zone, with additional revenue as a positive effect. Ideally, this demand-based program would allow off-street parking to be a cheaper, long-term option, as opposed to using on-street spaces for long-term parking. Alternatively, on-street parking should be available to be the short-term parking solution. Demand-based pricing or adjustments to time restrictions may also be considered as an alternative to certain time limits placed on different parking spaces as a means to generate optimal turnover of parking spaces. The City should also look to price public parking assets at a lower rate for centralized locations in order to promote a “park once/walk many” environment. Visitors not having to go back to their cars to feed meters or to add time allow the centralized parking locations to be more utilized for longer periods of the day.

How?
In this program, parking demand will set the “right price” at all times, which is the lowest price that will achieve a set target of parking availability. The demand-based parking management system can be developed with the following actionable items:
• Set specific availability targets for on- and off-street parking locations. It is recommended that no more than 85% occupancy should be targeted at all times in each of the eight zones. (For instance, 100% occupancy in Zone 5 and 50% occupancy in Zone 3, totaling 85% occupancy would not meet the target.)
• Establish minimum and maximum parking price changes for demand, like increasing rates by $1 during the high demand periods. Peer city Laguna Beach fluctuates parking charges between $1 and $2 per hour, while Huntington Beach fluctuates between $1 and $3 an hour. The best price rate to set is one that allows 85% availability at all times. On-going monitoring of occupancy is necessary to determine the rate that achieves the 85 percent target.
• Explore adjustments to time limits on certain parking spaces in response to demand at different times of day, or replacing with demand-based pricing that escalates the hourly rate with each subsequent hour of parking after two hours. • Mark meters and lots based upon convenience and demand on tiers of price, such as ‘premium’, ‘value’, or ‘discount’. A tiered system can be found at airport and sports stadiums traditionally but can be applicable for Hermosa Beach as well. • Track occupancy data, including location, and length of stay per car, to create algorithms to predict demand and adjust pricing accordingly by reading collected meter data. • Develop a database with this inventory and occupancy information to provide staff realtime understanding of utilization. Include parking regulations and key enforcement metrics. • Evaluate price-determining rate methodologies at least annually and adjust as needed with the intent to allow a consistent occupancy rate that allows the lowest prices while avoiding a parking shortage.

City of Hermosa Beach Parking Management Study
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58 • Make parking inventory and occupancy data open to the public by creating an online website in which transportation users can view relevant parking information such as location, prices, and restrictions.
• Issue reports approximately every six months to inform city staff, key stakeholders, City Council, Coastal Commission, and the public on system performance. System performance would be measured upon revenue generation, occupancy statistics, citation numbers, and parking user satisfaction.

The program implementation should have effective outreach and messaging including:
• An overall demand-based program brand
• Marketing materials, including websites, apps, social media, brochures, ads, and service announcements
• On-going workshops and trainings with downtown stakeholders • Use of social media platforms to communicate system information and updates This recommendation should be implemented in all parking zones where metered or paid spaces exist, but would be most impactful in the Downtown Core which would see the highest turnover of short-term parking users. Specific streets include Hermosa Avenue from 8th Street to 16th Street, and Pier Avenue from Hermosa Avenue to Valley Drive. Although implementing this initiative requires a high level of cost and difficulty, this is a high priority recommendation.

Case Study
SFpark in San Francisco implemented a major price reform for on-street parking. The City of San Francisco established pilot zones with sensors that reported the occupancy of each curb on every block. Parking rates were adjusted solely on observed occupancies to charge the lowest prices possible without creating a parking shortage. A target range was set between 60% and 80% occupancy, with prices readjusting every 3 hours. After the pilot, 31% of the cases noted an increase in prices, prices decreased in 30% of the cases, and remained the same in 39% of the cases. In two years, 62% of the blocks were within the target range (60%- 80%), a 30% increase from before the pilot began. San Francisco uses all of its parking revenue from SFpark to subsidize public transit.24
Recommendation #3
Invest and Implement in a Comprehensive Parking Signage & Wayfinding System Cost: Average
Level of Difficulty: Average
Priority: High
Implementation Timeline: Mid-Term
Zones for Implementation: All
Related Study Goals: #2, #3
Why?

24 SFpark: Pricing Parking by Demand by Gregory Pierce and Donald Shoup

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
59 Parking signs are critical to the success of the parking network, however signage that varies from zone to zone can create confusion. Providing a well-designed, branded parking signage system can effectively communicate critical wayfinding information the second you enter the city, enabling visitors to find venues and parking options more easily. A lack of consistent signage can lead to additional congestion, driver confusion, and potential conflicts between pedestrians/bicycles/vehicles as vehicles look for parking. These negative factors can lead to an outcome where available parking options are underutilized, solely because motorists do not know where available parking exists.

Signage and wayfinding is a core component of communicating a demand-based management program. As mentioned in Recommendation #3, street signage should be used to display pricing tiers and level of availability for multiple parking locations so drivers can make an informed decision.

How?
In conjunction with Recommendation #, dynamic signage and wayfinding becomes especially important to communicate pricing, regulations, and parking availability. A Wayfinding Plan should be a part of the Demand-Based Parking Management Program.

The wayfinding plan should include:
• A signage implementation program that is created in conjunction with city stakeholders • Wayfinding and signage that serve the customer to make finding parking and payment as easy as possible
• Dynamic and variable sign messaging that is recognizable, intuitive, and strategically placed
• Uniform and distinct signage that is reflective of Hermosa’s Beach’s character and promote a sense of place
• Real time availability information via on-the-ground signage, advanced signage, a onestop website, and a mobile phone application. • Marketable information about a new parking wayfinding strategy Wayfinding would be applicable in all eight zones, especially at key destinations and entry points within the city. Key entry points include all streets that have access to cross the Hermosa Valley Greenbelt, including Gould Avenue, Pier Avenue, and 8th Street. Priority and cost for this recommendation is high while level of difficulty is average.

Case Study
Laguna Beach implemented a similar marketing/signage parking pilot program in 2014, utilizing dynamic electronic message boards and consistent wayfinding. The pilot program led to a 25% decrease in expired-meter parking citations and a 36% increase in total parking revenue. Their program has since been continued.

City of Hermosa Beach Parking Management Study
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60 Maximize Use of Existing Parking Supply
Maximizing the existing parking supply is a crucial element of parking management and is aligned with Study Goals 1 and 2. This strategy aims to extract more value out of all existing private and public parking by expanding shared parking and maximizing curb space.

Recommendation #4
Pilot a Shared Parking Program and Facilitate Shared Parking Cost: Average
Level of Difficulty: Average
Priority: High
Implementation Timeline: Mid-Term
Zones for Implementation: 5, 6, 8
Related Study Goals: #2, #3
Why?
Shared parking programs maximize use of existing parking facilities, reduce the need for additional parking, reduce congestion, and facilitate more walkable and active downtowns.

Determining the most efficient use of parking facilities is crucial to the success and growth of the Hermosa Beach Downtown Core. Hermosa Beach currently undertakes numerous shared parking plans in the Coastal Zone (such as plans noted in Table 5.1), including shared parking between private entities on the same site, but shared parking agreements between private entities on separate properties or between private and public entities in the Coastal Zone could further increase parking availability for visitors.

Not all private parking needs to be shared, but even if 25% of private parking can be included in a shared parking arrangement during any portion of a day, public parking supply in the Coastal Zone can increase by 60 spaces at a fraction of the cost of new construction of parking facilities. Shared parking works best when multiple uses have different peak use periods such as an office, which typically does not operate or reach peak parking demand during the evening hours, can be paired with a restaurant or assembly use that is primarily used during those evening hours.

How?
To facilitate shared parking among private property owners, the City can proactively provide technical assistance. This may include:
• The creation of a parking ownership database, connecting parties to each other. • Educational materials about the benefits of shared parking. • Sample language and agreements.
• Cost and revenue sharing information.
• Potential use of technology/ signage.

The City could take the lead in engaging property owners in their willingness to develop private-private or public-private shared parking agreements. These agreements could allow for the City to:
• Directly lease parking from a private facility for use in public parking.

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
61 • Open parking for public use at certain hours or days, depending on the tenant use. • Facilitate shared agreements between nearby properties with different peak hours. • Collect data to facilitate demand-based management of each shared parking agreement.
• Incentivize business owners to open up their parking to other uses during off-hours through the provision of an umbrella liability policy or agreements to tow unauthorized users.

Implementation of this recommendation would see the best results in Zone 5 (Walk Street – Downtown), Zone 6 (Sand Section – Civic Center), and Zone 8 (Sand Section – Cypress) due to the concentration of private parking supply in these zones, as well as the fact that parking in Zone 8 is currently not time-restricted. There is an average level of cost and high level of difficulty for this medium priority recommendation stemming from coordination, feasibility studies, and agreement implementation.

Recommendation #5
Maximize Flexibility of Curb Space to Accommodate Rideshare and Other Modes Cost: Low
Level of Difficulty: Average
Priority: High
Implementation Timeline: Mid-Term
Zones for Implementation: 5, 6
Related Study Goals: #2, #3
Why?
Through previous studies, every curb and parking space within the Coastal Zone has been inventoried by street segment and curb type. Curb types and their roles are static. A loading zone, for instance, stays as a loading zone at all times even if it is only used during specific days. Off- and on-street facilities should be inventoried in a manner that allows for real-time understanding of parking by curb regulation type by time of day and day of week, to evaluate the potential for other uses of curb space.

Curb space in the Coastal Zone is currently occupied mostly by metered or unmetered onstreet parking. As of May 2019, Hermosa Beach has created three new rideshare zones in a four-block area on Hermosa Avenue between 10th and 14th Streets within Zone 5 (Walk Street – Downtown). The designated rideshare zones were converted from previously underutilized taxi zones. The City has communicated the availability of the new zones through updates to their website as well as signage and mobile ridesharing application updates. Dedicating curb space for ridesharing near Pier Plaza is a great example of maximizing the use of curb space and provides more opportunities to access the beach and the Downtown Core efficiently.

How?
To continue to maximize the flexibility of the curb space in the Coastal Zone, the City should monitor the newly-designated rideshare zones and additionally, evaluate the use of supplemental valet service. To achieve this, the City can:

City of Hermosa Beach Parking Management Study
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62 • Utilize the inventory and occupancy database mentioned in Recommendation #3 to track curb space utilization and parking regulations at all times of day and week. • Conduct resident, visitor, employee, and employer intercept surveys to evaluate the success of the new rideshare zones, measuring frequency of use and proper locations. • Evaluate the need for additional designated rideshare zones, if appropriate. • Evaluate curb space and re-configure spaces where appropriate to maximize the use of red zones or re-configure spaces to accommodate on-street parking space for other modes through bicycle corrals, motorcycle/scooter parking, or Neighborhood Electric Vehicle (NEV) parking.

These methods of maximizing curb space would be most effective in Zone 5 (Walk Street – Downtown) and Zone 6 (Sand Section – Civic Center). Priority for this recommendation is high compared to other recommendations, with low cost, and an average level of difficulty.

Case Study
The Institute of Transportation Engineers has recently released their Curbside Management Practitioners Guide which details planning considerations, available tools and treatments, and the treatment selection process for curbside management. In this guide, ITE highlights the City of Seattle as a standout example of flexing curb spaces to allow streets to safely and efficiently connect and move people and goods to their destinations while creating inviting spaces within the right-of-way. In the study, Seattle was able to reduce commercial vehicle loading zones during peak parking periods and flex them back during prime loading/unloading times, which has led to an increase in curbside efficiency.

Improve Mobility Options to Reduce Parking Demand
Hermosa Beach can reduce parking demand by providing safe, accessible, and convenient options for residents, employees, and visitors to access the beach without a car. Mobility options such as public transit, bicycling, car share, bike share, micro-mobility, and walking would all factor in to reduce vehicle demand. Reinvesting parking revenues for this cause is key to the success of the Downtown Core and the rest of the Coastal Zone.

Recommendation #6
Reinvest Parking Revenues into Multimodal Improvements
Cost: Low
Level of Difficulty: Low
Priority: Average
Implementation Timeline: Long-Term
Zones for Implementation: 5, 6
Related Study Goals: #2, #3
Why?
Every motorist becomes a pedestrian at some point on their trip. Parking is about more than vehicle storage; it is about access and mobility. For every trip taken by alternative mode, there is another parking space available for someone who drives. Demand-based management

City of Hermosa Beach Parking Management Study
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63 may create additional revenue, which, in turn, should be used in programs that directly support multimodal improvements in the Coastal Zone.

Parking utilization data shows that many prime on-street parking spaces are full, while many off-street spaces outside the core remain empty throughout the day. Multimodal transportation can help alleviate and redistribute parking demand. This would improve connections to underutilized parking assets to distribute parking demand more evenly. An example would be a pilot program to introduce peripheral parking outside of the highdemand areas in conjunction with a frequent shuttle circulator.

Hermosa Beach has been successful in improving multimodal accessibility by enhancing bicycle access on Hermosa Avenue, maintaining a scramble crossing at Hermosa Avenue and Pier Avenue, implementing bulb-outs, maintaining vibrant zebra pedestrian crossings, and increasing shade and lighting. Hermosa Beach can build on these efforts by providing more bicycle hubs, drop-off and rideshare cutouts, and more transit opportunities.

How?
The City should increase and diversify the allocation of parking revenue to investments that will improve overall mobility in the Downtown Core. These improvements include:
• Improved pedestrian, bicycle, and multimodal mobility, especially to and from parking outside the Downtown Core. For instance Hermosa Beach’s proposed bicycle facilities includes many Class III bike routes, but does not propose any bike paths or bike lanes in the Coastal Zone. Hermosa Beach could increase the number of pedestrian plazas to fulfill the goal to create a pedestrian-oriented district.
• Streamlined implementation of bike-share, rideshare, public transit, and potential circulator shuttle.
• The evaluation of micro-transit use to establish a remote parking network and improve alternative mobility.
• Shared parking initiatives to improve access to parking for the general public, as mentioned in Recommendation #4.
• A Coastal Zone Wayfinding System, as mentioned in Recommendation #3. • Promotions encouraging employees to bike and walk to work. • Enhanced event management, as mentioned in Recommendation #8. • Improved marketing and communication of the parking system, as mentioned in Recommendation #3.
• Technology upgrades to the parking system, as mentioned in Recommendations #1 and #3.
• Streetscape and safety improvements, including parking enforcement and street cleaning. • Evaluation of the potential to continue the shared mobility program currently being piloted with neighboring cities.
• Further evaluation and monitoring of parking initiatives, as mentioned in Recommendation #11.

Hermosa Beach can also look to mobility initiatives in addition to mobility investments.

Alternative mobility initiatives also include:
• Create an employee parking database including store location and employee origin, and mode of transportation.
• Travel training and analysis for employees.

City of Hermosa Beach Parking Management Study
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64 • Branding and marketing highlighting the ease of switching from vehicle to alternative commute mode.
• Pursue incentives for employers who provide demand-management initiatives for employees.
• Create “Bike to Work” days.
• Free or subsidized transit passes.
• Subsidized shuttles, carpools, guaranteed rides home, and other programs. • Bicycle/ pedestrian safety and encouragement programs. • Restrict employee parking to top floors of structures for long term occupants Revenue would be generated from all parking spaces excluding unmetered spaces, and should be reinvested in in all zones, with Zone 5 (Walk Street – Downtown) being at the top of the priority list. Priority, cost, and difficulty are all low for this recommendation.

Case Study
Laguna Beach teamed up with OCTA in 2016 to start the Summer Breeze trolley service.

Summer Breeze is a summer-only route that allows users to park remotely and shuttle them to Downtown Laguna Beach at no expense for the user. The service runs only on Saturdays and Sundays from 11:00 am to midnight from late June to early September. Providing a multimodal alternative for visitors reduces Laguna Beach’s parking demand in its downtown core and also alleviates congestion in the street network locating the lots on the outskirts of the city.

One of the issues facing the City of Hermosa Beach is a long-term parking shortage, and implementing a similar remote parking with shuttle service like Summer Breeze could relocate a portion of long-term parkers outside of the Downtown.

Simplify and Leverage the Zoning Code
Simplifying and leveraging the zoning code to work in favor of a pedestrian-oriented district supports Goal #3 from Section 1.3. Pedestrians should have just as much access and mobility options as vehicles on the road, and the following recommendation supports this end.

Recommendation #7
Revise the Zoning Code to Better Reflect Urban Uses and a Walkable Commercial Uses in the Coastal Zone
Cost: Average
Level of Difficulty: Average
Priority: High
Implementation Timeline: Mid-Term
Zones for Implementation: All
Related Study Goals: #1, #3
Why?
In the Coastal Zone, undeveloped parcels are all but gone, and most future development will utilize existing buildings and/or smaller parcels. Flexible and innovative management of

City of Hermosa Beach Parking Management Study
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65 parking and mobility in the zoning code will be crucial to support this type of infill development and continued reinvestment. The existing code offers opportunities for improvement and revision, as data analysis has shown discrepancies between minimum code requirements, actual parking provided, and adjusted parking demand for non-residential uses.

How?
Some zoning code revisions that can be made to better suit Hermosa Beach include:
• Adjust parking minimums within the Downtown District to their “right-size” according to demand for specific uses, specifically offices, retail, and restaurants. Uses that generate invariable demand regardless of location, such as assembly uses or visitor accommodations, may not be applicable to a parking minimum adjustment (which is consistent with peer cities). This will give property owners the flexibility to build or repurpose according to market demand. In addition, this supports the City’s land use goals to maintain the small scale, pedestrian-oriented character of Downtown. See Appendix C for examples of parking minimums established in peer cities with similar parking demand. • Consider no parking minimums in certain pedestrian-emphasized locations within Zone 5:

Walk Street -Downtown and Zone 6: Sand Section - Civic Center. • For the addition to a building, addition of outdoor space, or a change in use, allow required parking to be reduced by providing implementing extensive transportation demand management measures.
• Reduce or exempt requirement of additional parking for certain uses that change to uses typically considered more intensive in the zoning code, like restaurant or food service use, when located in a pedestrian district provided that square footage remains the same. This reduction of exemption would not be applicable to uses that generate consistent demand, such as assembly uses or visitor accommodations. • Allow for in-lieu fees to contribute more towards on-site parking requirements to improve development and tenant flexibility to produce context-sensitive design. This would allow property owners to consider a greater reduction in on-site spaces. Revenue from fees should continue be used to fund the shared parking supply. • Consider incorporating site-specific requirements related to all mobility options. This could include linking bicycle, car share, and electric vehicle requirements in proportion to the size of a given use, phased down above a certain number of spaces. Code can also be included to allow space for micro-mobility docking as well. • Allow trip reduction incentives for private development to create more mode share opportunities within the City.
• Incorporate design requirements that support a walkable environment. These include:
o Limit driveways and driveway widths along walkable corridors. o Provide high-visibility pedestrian accommodations at crosswalks and curb cuts, such as signage, striping, or flashing lights.
o Incentivize the design and construction of parking that can be converted to active uses.
o Parklets, or an extension of the sidewalk into one or more on-street parking spaces, at pedestrian-oriented locations. Parklets introduce new streetscape features such as seating, planting, bicycle parking, or elements of play. o Pedestrian/ Bike Plazas, whether temporary or permanent, have potential in dead-end or short street segments with little auto-oriented needs. Examples for opportunity include any numbered street, such as 11th Court, west of Beach Drive.

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66 A revision of the zoning code would be applicable throughout the City. Revising the zoning code has moderate cost and moderate difficulty. This recommendation has average priority compared to other recommendations.

Case Study
In July 2017, the City of Santa Monica updated their parking code based upon the Parking Zoning Ordinance Update (2013) completed by Nelson\Nygaard. The land uses in the city were split among three designations: Downtown Core, Transit-Oriented and Mixed Use, and Low-Intensity Neighborhood. In 2015, the City took the approximate designation boundaries established in this plan to adopt a new off-street parking code that regulated parking into three separate categories: Citywide, Parking Overlay Area 1, and the Downtown Community Plan Area. Both the Citywide and Parking Overlay Area 1 designations set parking minimums.

The Downtown Community Plan Area set parking maximums but eliminated any parking minimums required of new development. The Plan included amendments to the existing ordinance and new zoning ordinance provisions for:
• Parking waivers
• Parking maximums
• Parking in-lieu fees
• Leasing programs
• Unbundled parking
• Carsharing
• Parking cashout
The City could formulate an EV Action Plan, similar to the Santa Monica EV Action Plan, which plans to have 300 smart chargers in the City by 2022. Additionally, in Santa Monica, businesses with over 10 employees are given a choice between three TDM strategies and must implement at least one or pay a fee for each parking space per day. The City of Santa Monica provides a mandatory survey to determine Average Vehicle Ridership in which the results determine a reduction in fee for workplaces with high non-auto ridership.

City of Hermosa Beach Parking Management Study
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67 Enhance Parking Administration and Operations
To better plan for the daily and peak parking demand for its visitors, employees, and residents, parking management programs will effectively minimize the stress on parking supply. This strategy recommends enhancing event management practices, improving residential and employee permit parking programs, and establishing a monitoring and evaluation process to adapt to different events, businesses, and various uses coming into the City.

Recommendation #8
Enhance Event Management Practices to Maximize Parking System Flexibility and Predictability
Cost: Low
Level of Difficulty: Low
Priority: High
Implementation Timeline: Near-Term
Zones for Implementation: All
Related Study Goals: #2, #3
Why?
Hermosa Beach is home to many unique and diverse events each year. These events spur economic activity and are a fundamental part of Hermosa Beach’s character and culture.

However, events can place a burden on the parking system and disrupt access due to street closures and increased numbers of visitors. Today, there are limited requirements for producers of mid to large-scale events to implement alternative transportation plans for participants/spectators of their events, as well as the general beach-going population when event production may require the use of nearby public parking.

There are also opportunities to ensure consistent
communication of event parking policies, from
communications strategies, signage, and alternative
options available. These issues can create a disconnected system that oversaturates certain areas or impacts
beachgoers.

How?
There are a number of strategies to maximize the parking system for each event effectively and consistently. These strategies include:
• Adjust parking rates via the demand-based program
(Recommendation #2) to include peak event pricing
in high demand areas. Conversely, value, discount, or

City of Hermosa Beach Parking Management Study
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68 remote peripheral parking should be priced at a
lower rate to incentivize use of those areas to
balance demand and reduce traffic.
• Provide online information and education in
advance of the event (similar to Recommendation
#3), including location-based prices and parking
locations to limit searching, traffic, and frustration.

Parking information can be linked to information
provided by event organizers, hotels, tickets, and
key event stakeholders.
• Provide GPS-compatible updates with real-time
utilization to allow event-goers to begin their search
for parking at their origin, not their destination.
• Coordinate temporary signage during the event
permitting process to divert and direct drivers to
multiple parking locations. This signage can be
dynamic to instruct best parking locations in real
time.
• Implement a pilot program for purchasing parking for off-street locations in advance of an event. Advanced purchases can be advantageous to both users and operators, as it makes parking demand more predictable and ensures that available spaces are effectively used, reducing congestion related to circling. Advanced parking purchases can be incentivized by allowing lower rates than those who park without a reservation. No parking lot should be reserved completely, as parking facilities should still allow short-term spontaneous parking for those who may not have access to the technology to do so, or for visitors who may be unaware of the program. Pavemint is a parking application in Los Angeles that allows the ability to reserve parking weeks in advance, a similar approach could be applied to Hermosa Beach.
• Use dynamic parking inventory mentioned in Recommendation #1 to predict potential event demand hotspots.
• Coordinate event-based shuttle systems if needed, during the event permitting process.

Shuttles can be used to reduce the distance barrier from the user’s car to the event location. Coordination with peripheral lot owners, such as schools and churches, including those outside of the City limits, are encouraged.
• Evaluate the current rates charged for commercial use of public parking associated with filming and special events and re-invest those revenues into multi-modal improvements in the Coastal Zone.
• Require an event parking plan during the event permitting process, regardless of event size. Smaller events may require fewer demand management strategies, but event parking plans should be developed to adequately manage and accommodate the variety of Hermosa Beach events. The size of event and therefore the level of parking demand management strategies should be determined by the Impact Level already established in the Hermosa Beach Special Events Policy Guide.

Event parking management would be applicable in all zones that incorporate events. Priority is rated high for this strategy while cost, and difficulty are low for this recommendation.

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
69 Case Study
The City of Long Beach provides multiple large events every year that are completely inaccessible by automobile, such as the Smokin’ Grooves Fest and Once Upon a Time in the LBC. For these events, event attendees park in designated structures in the Downtown Area, and shuttle to the event site using two shuttle locations. Attendees can pre-pay for a parking spot in one of the designated structures using an official Long Beach web portal. Rideshare drop-offs are only allowed to the shuttle stop locations and not at the event site. Besides the shuttle, attendees can either walk, bus, water taxi to the event grounds. The capacity for these events is set above 10,000 attendees.

Recommendation #9
Improve the Residential Parking Permit Program
Cost: Low
Level of Difficulty: High
Priority: High
Implementation Timeline: Near-Term
Zones for Implementation: All
Related Study Goals: #2, #3
Why?
With the amount of residential uses in the Coastal Zone, residents are a crucial part of the parking discussion when considering efficient solutions to meet the parking needs of the Coastal Zone. As mentioned in Section 1.1 of this report, the City’s Preferential Parking District Permit Program currently allows residential parking permit holders to park at 24-hour meters without paying the meter, or in one-hour residential zones without regard to time limit for up to 72 hours.

The preferential parking district is bound by the City’s northern and southern boundaries, by the Strand on the West, and Loma Drive, Park Avenue, and Morningside Drive to the east.

Residential permits cost $40 annually and require that the vehicle is registered to an address in the Preferential Parking Permit District. Currently, the City does not place a limit on the number of permits purchased per household. Furthermore, many residents utilize their garage space as storage rather than parking spaces and park on-street, which exacerbates occupancies on many residential streets.

With recent interest from the City, the residential parking permit program should be revisited to establish a system that is equitable, yet supports a reduction in parking demand. Data and observations from City of Hermosa Beach Parking Enforcement demonstrated that the City sells almost twice the number of residential parking permits than spaces available. Peer cities, such as Newport Beach and Corona Del Mar, price residential parking permits at an escalating rate, so the price for each additional permit per household increases.

How?

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
70 Annual parking permits are currently provided at an annual fee of $40 per permit, well below the fair market value, and the price of the permits have not been adjusted in over 10 years. It is recommended that near-term revisions to the program should consider scaling the price of permits to disincentivize the oversaturation of parking permits purchased. the first annual permit per household is increased slightly to $50 remaining close to the current rate, while the second permit is priced at $75, the third at $100, and a guest or fourth permit at $150 for a maximum of 4 permits per address/unit. These rates provided are an average of multiple peer cities methods and prices for limiting the number of permits provided.

After sufficient data is collected, the City of Hermosa Beach can create residential parking zones for areas in need of greater restrictions, similar to a recently adopted permit program by the City of Newport Beach. Hermosa Beach would essentially create eight parking zones using the same boundaries established in the data collection process, as these bounds were created specifically to distinguish between neighborhood characteristics in the Coastal Zone.

Using zones for residential parking is beneficial as it would prevent residents from using their residential pass for other areas in the City, which could oversaturate demand in specific areas.

Improvements to the guest permit program can be made to facilitate their use when guests are visiting rather than functioning as an extra permit for residents rather than using a garage or other off-street parking. Guest permits can be registered by their license plate number through an official Hermosa Beach online web portal to ensure guest permits are nontransferrable and cannot be used past their allotted time. Parking enforcement would be able to determine if a license is permitted through an online, real-time database. Residential parking locations should be subject to parking for only the residence assigned to the permit.

An online database of guest parking permit requests can be managed after its creation to determine what residential areas require the most guest permits, and how many permits are being issued per day of week, or time of year. A cap on guest parking permits or any other relevant modifications to the system should be considered after substantial data has been collected in the guest permit database. For instance, the City of Carlsbad caps guest parking permits at five two-week passes a year. Residents with extra spaces can post on the app, and can be used in conjunction with special events. Hermosa Beach can implement a test guest parking restriction to allow permits to be available for up to 30 days in a year, or 3 times a month. App-based guest parking solutions are also a possibility. Pavemint is a parking application in Los Angeles that allows people to connect residents with people who have an extra parking space to share.

An update for residential and employee parking permits would be valuable in all parking zones. Updating residential parking permits has high priority, with high difficulty and low cost.

Case Study
The City of Newport Beach has adopted a comprehensive parking permit program that provides residential permits in zones. There are three residential zones where residents in those zones can apply for their respective residential permit. Permits can be purchased through an official Newport Beach web portal. Permit holders of a single zone cannot park in the other zones. Creating specific zones for residential permits ensures permit holders must stay with a certain boundary to use their permit.

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
71 Recommendation #10
Improve the Employee Parking Permit Program
Cost: Low
Level of Difficulty: Low
Priority: High
Implementation Timeline: Near-Term
Zones for Implementation: All
Related Study Goals: #2, #3
Why?
Employees are also a crucial part of the parking discussion as many employees come from outside of the Coastal Zone and contribute to parking demand daily. Currently, employees of local businesses are allowed to purchase parking permits for an additional fee in designated areas. For employees, monthly permits are available for off-street parking lots/structures at a cost of:
• $62 per month to park anytime up to 72 hrs
• $31 per month to park only between 5am to 7pm daily
Employee permits are also available to purchase that allow employees to park at on-street spaces with yellow pole/cap meters and in the unmetered, but one-hour time restricted areas at an annual cost of $143 (pro-rated to $71.50 on September 1st).

How?
The employee parking permit program should be retained, however the City should update the locations and pricing of employee permit parking to encourage off-street parking availability for employees. It is preferred that on-street parking be reserved for short-term users to promote higher turnover. Programs and alternative mobility initiatives, such as those mentioned in Recommendation #5 can reduce employee parking demand. Improving mobility choice does not mean that every employee has to stop driving. In fact, a shift in behavior for a fraction of employees can have a significant impact on reducing parking demand and congestion.

An update for residential and employee parking permits would be especially valuable in Zone 5 (Walk Zone – Downtown) and Zone 6 (Sand Section – Civic Center), as these zones contain a large concentration of retail and commercial uses. Updating the employee parking permits has high priority, with low difficulty and cost.

Case Study
UCLA introduced the BruinGO program in an effort to incentivize students and employees to utilize transit instead of commuting by single-occupancy vehicles. The UCLA BruinGO program is an unlimited access transit program which subsidized the cost of transit commutes for students and university employees. The goals of the study were to increase bus ridership to campus, reduce vehicle trips to campus, and to reduce parking demand on campus.

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
72 Commutes by bus increased by 73% after just one year of the program’s initiation. In addition, 37% of new bus riders were previously solo drivers to campus. Over 1,000 solo drivers relinquished their parking permits after BruinGO’s initiation, and 19% of commuters who kept their permit still took BruinGO at least two times a week. Since the introduction of the program as an alternative to solo driving, UCLA was able to utilize this service to recruit new employees to the university while also reducing fare payments for riders and reducing the demand for parking.

Recommendation #11
Establish an Ongoing Collection, Monitoring, and Evaluation Process Cost: Low
Level of Difficulty: Low
Priority: High
Implementation Timeline: Long-Term
Zones for Implementation: All
Related Study Goals: #2, #3
Why?
For parking, you can only manage what you measure. This recommendation seeks to improve the “measurement” process by creating a centralized parking database established in a new demand-based parking management program. This program, as previously mentioned, would create real-time data automatically, which would move the focus away from manual data collection and unwieldy datasets, and onto innovative parking analysis for monitoring and evaluation. Decisions based on high-level real-time data would be exponentially quicker and can be made with more confidence. If real-time data is not feasible, the City can conduct before and after studies or introduce pilot programs to test the efficiency of various programs and initiatives.

Each iteration of data monitoring will allow the City to make informed decisions regarding the continued use of the recommendations, as well as real-time modifications or adjustments to the system as needed. The parking system will always need to be monitored and evaluated, especially due to seasonal change or event management.

How?
To better track, monitor, and evaluate data, the City can:
• Develop and implement specific methodologies for tracking occupancy data for on- and off-street parking. Initial approaches could include manual spot counts and could evolve into utilizing algorithms based on meter and payment data. • There are many innovative technologies available that can be used to collect and track parking data. Technologies include: smart meters, magnetometers, lasers, inductive loops, ultrasound, or automated license plate readers. Some technologies are more suited for parking lots or garages, while others are better for large zones and on-street counting. • Establish data-sharing protocols, including making inventory and occupancy data “open source,” as mentioned in Recommendation #2.

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
73 • Issue quarterly reports on system performance for parking/city staff and key stakeholders, as also mentioned in Recommendation #2.

The collection, monitoring and evaluation system would be valuable for the entire Coastal Zone. Priority for this recommendation is high, with a low cost and low level of difficulty to implement.

Case Study
The City of Los Angeles and LADOT launched LA Express Park in 2012 which is a parking management strategy with innovative parking data collection and monitoring. LA Express Park was implemented to achieve 10% to 30% parking space availability on each block by using demand-based pricing. The system relied upon a highly integrated back-end system with an advanced pricing engine. The system required a continuous compiling of occupancy and payment data, analyzing it, and then relaying information to customers and enforcement officials in real-time. After the first 6 months, parking congestion decreased by 10%, under-utilized parking spaces decreased by 5%, pilot-wide parking rates decreased by 11%, and parking revenue increased by 2%.

Provide Additional Public Parking as Needed
In some cases, provision of additional parking resources is necessary for zones that are truly constrained by physical impediments and constantly yield high occupancy. Adding parking spaces should be done strategically and with substantial caution, as new resources such as parking garages or structures are cost-prohibitive and could be obsolete within the next decade. This recommendation should be treated as the recommendation with the lowest priority.

Recommendation #12
Strategically Invest in New Public and Shared Parking Supply in Key Locations Cost: High
Level of Difficulty: High
Priority: Low
Implementation Timeline: Long-Term
Zones for Implementation: 5, 6, 8
Related Study Goals: #2
Why?
Hermosa Beach’s success as a destination for residents and visitors has attracted new development in the Coastal Zone. Multimodal access, complimented by convenient and accessible parking, is a key factor for the Downtown Core’s success. After a study of parking demand, analysis indicates that parking demand often peaks above optimal capacity rates in Zone 3 (Walk Street – Sand Section North), Zone 5 (Walk Street – Downtown), Zone 7 (Walk Street – Sand Section – Herondo), and Zone 8 (Sand Section – Cypress).

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
74 Hermosa Beach faces a parking management problem, not a parking problem; spaces are available during peak times, drivers may just be unaware of their availability or unwilling to park further from their destination. Adding more parking, especially private spaces, could exacerbate the City’s current dilemma should those spaces remain underutilized.

Nevertheless, to provide adequate parking for current and continued growth in the Coastal Zone, Hermosa Beach could strategically invest in public and shared parking supply in key locations.

How?
Recommendations #1 through #11 should be prioritized to address current issues related to high on- and off-street demand, time limit violations, varied signage, fragmented technology and payment systems. All decisions to build more parking should be evaluated against the City of Hermosa Beach’s primary goals to reduce vehicular congestion and improve multimodal travel established in PLAN Hermosa and the Downtown Core Revitalization Strategy. Creating additional parking can also bring more vehicles into the Coastal Zone if motorists find that more spaces are available. New structures should be evaluated based upon their cost effectiveness/potential revenue compared to other recommendations presented above, which are designed to improve overall management, enhance mobility, and reduce demand for parking. The fees collected as part of the City’s in-lieu parking program should serve as a source of potential funding to facilitate additional parking within the Coastal Zone once the collected fees reach the cap of 100 spaces.

It is recommended that the City conduct independent need, market, funding and fiscal studies for constructing a multi-story parking structure within the Civic Center or Cypress character area. For Lot A, conversion of the parking lot to a parking structure identical to Lot C, for example, would increase the total number of spaces by approximately 22425. Assuming a full capacity in the potential Lot A structure by transferring as many on-street parked cars into Lot A, on-street parking occupancy in Zone 5 would drop from 94% to 65% on peak weekday afternoons. This potential decrease in on-street occupancy at the busiest measured time in a highly commercialized zone would have secondary benefits such as reducing occupancy rates in neighboring zones, as parking would become easier to find closer to the Downtown District and the beach. There is a significantly greater cost associated with constructing a parking structure compared to other recommendations, but the benefits of increasing supply in Zone 5 (Walk Street – Downtown), Zone 6 (Sand Section – Civic Center), and Zone 8 (Sand Section – Cypress) may be necessary to alleviate current or future parking constraints throughout Hermosa Beach.

When considering constructing renovations to existing parking lots, efforts can be guided from the Hermosa Beach Parking Lot D Demonstration Project with respect to proposed design improvements, sustainability features, and plant palettes in order to maintain consistency

25 Lot C, a three-story structure, has 354 spaces. Lot A, a surface lot, has 130 spaces. The difference between the two lots is 224 spaces. Although more research needs to be done on the exact number of added spaces including the size of the lot and its compatible use with adjacent buildings, using Lot C as a potential duplicate in this report gives a rough estimate for a Lot A three-story parking structure.

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
75 throughout the Coastal Zone among public parking. This is the recommendation with the lowest priority, but has an associated high level of difficulty and cost.

Case Study
The Pacific Beach Visitor Oriented Parking Facilities Study by Wilbur Smith Associates analyzed a potential future parking structure in the San Diego area. The study showed that an efficient structure must be consumer friendly, be a good neighbor, be operationally efficient, and have a certain ease of implementation. Some factors that should be considered in deciding to build a structure are:
• Capacity considerations
• Existing Use
• Site accessibility for both vehicles and pedestrians
• Compatibility with adjacent uses
• Proximity to principal parking generators and areas with parking deficiencies • Security/ visibility
• Environmental considerations, including potential noise and visual impacts • Sources of funding
• An increase of rideshare and the onset of autonomous vehicles This study found that the revenue generated by erecting a parking structure would be far short of the amount needed to cover the costs of operation and the debt service of the bonds issued to fund the construction of the structure.

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
76 Appendix A

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
77 Appendix B
Appendix B – Hermosa Beach and Peer City Code Matrix
Land Use
(1 space per sf)
Hermosa
Beach
Long
Beach
Santa
Monica
Newport
Beach
Laguna
Beach
Manhattan
Beach
Huntington
Beach Carlsbad Redondo Beach
Commercial /
Retail 25026 250 300 250 250 200 or 250 200 300 250
Commercial /
Retail (Overlay
District)
333 500 450 or 500 0 spaces 250 Reduced
rate27 200 300 250
Office /
Professional 250 250 or 500 300 250 or 300 or 35028 250 300 250 or 300 250 250 Office /
Professional
(Overlay District)
333 500 or
1,000 300 or 500 0 spaces 250 Reduced rate 250 or 300 300 250 Medical Office
(Overlay District) 333 400 250 or 300 0 spaces29 250 Reduced rate 175 200 150 Restaurant 100 100 125 or 200
or 500 30 to 5030 100 200 60 Gradual rate31 75
Restaurant
(Overlay District) 100 100 125 or 200 or 500 0 spaces 100 Reduced rate 60 Gradual rate 250 Fast Food 50 300 300 50 100 200 200 Gradual
rate 75
Service / Repair 1,000 300 300 500 300 500 500 300 250
General Assembly 50 3.3 seats 4 seats 3 seats 3 seats 10032 3533 5 seats 5 seats Light
Manufacturing 300 500 400 500 or 1,000 500 750 500 400 500 Warehousing /
Storage 1,000 1,000 1,000 2,000 1,00034 1,500 1,000 1,000 Gradual rate35

26 For all uses, rates are to be read as 1 space per number given. For instance, for Commercial uses in Hermosa Beach the parking requirement is 1 parking space per 250 square feet. 27 For all overlay districts in Manhattan Beach: If the site GFA is equal or less than lot area, no parking required; If site GFA is greater than lot area, full parking requirements excluding 5,000 sf and above is required. Code can be circumvented with a use permit if found that demand is less than what is required, and long-term occupancy will not generate additional demand.
28 1 space per 250 sf for first 50 tsf; 1 space per 300 sf after 75 tsf; 1 space per 350 sf after 125 tsf 29 A rate of 1 space per 200 sf to be applied for medical office outside of the Newport Beach overlay district. 30 Of public restaurant area 31 For all food uses in Carlsbad: 1 space per 100 sf for the first 4,000 sf, plus 1 space per every 50 sf thereafter 32 100 sf of seating area 33 35 sf of assembly area 34 Plus two spaces 35 For warehousing and storage in Redondo Beach: 1 space per 1,000 sf for the first 10,000, plus 1 space per every 5,000 sf thereafter

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
78 Appendix C
C.1 Victoria Transportation Policy Institute
From the Victoria Transportation Policy Institute Transportation Demand Management Encyclopedia
(https://www.vtpi.org/tdm/tdm28.htm, November 2018):

The table below is taken from the Parking Management chapter of the TDM Encyclopedia and summarizes parking management strategies, indicates their typical reduction in parking requirements, and whether they tend to reduce vehicle traffic and therefore provide additional benefits (such as reductions in congestion, accidents, energy consumption, pollution emissions and consumer costs).

Summary of Parking Management Strategies:

Strategy Description Typical
Reduction
Traffic
Reduction
Shared Parking Parking spaces serve multiple users and destinations. 10-30% Parking Regulations
Regulations favor higher-value uses such as service vehicles, deliveries, customers, quick errands, and people with special needs.
10-30%
More Accurate
and Flexible
Standards
Adjust parking standards to more accurately reflect demand in a particular situation. 10-30%
Parking Maximums Establish maximum parking standards. 10-30% Remote Parking Provide off-site or urban fringe parking facilities. 10-30% Smart Growth Encourage more compact, mixed, multi-modal development to allow more parking sharing and use of alternative modes. 10-30% X
Walking and
Cycling
Improvements
Improve walking and cycling conditions to expand the range of destinations serviced by a parking facility. 5-15% X Increase Capacity
of Existing Facilities
Increase parking supply by using otherwise wasted space, smaller stalls, car stackers and valet parking. 5-15% X Mobility
Management
Encourage more efficient travel patterns, including changes in mode, timing, destination and vehicle trip frequency. 10-30% X Parking Pricing Charge motorists directly and efficiently for using parking facilities. 10-30% X
Improve Pricing
Methods
Use better charging techniques to make pricing more
convenient and cost effective. Varies X
Financial Incentives Provide financial incentives to shift mode, such as cash out. 10-30% X Unbundle Parking Rent or sell parking facilities separately from building space. 10-30% X Parking Tax Reform Change tax policies to support parking management objectives. 5-15% X
Bicycle Facilities Provide bicycle storage and changing facilities. 5-15% X Improve User
Information and
Marketing
Provide convenient and accurate information on parking
availability and price, using maps, signs, brochures and electronic communication.
5-15% X
Improve
Enforcement
Insure that parking regulation enforcement is efficient, considerate and fair. Varies

City of Hermosa Beach Parking Management Study
IBI Group – Revised November 2019
79 Strategy Description Typical
Reduction
Traffic
Reduction
Transportation
Management
Associations
Establish member-controlled organizations that provide
transport and parking management services in a particular area.

Varies X
Overflow Parking
Plans Establish plans to manage occasional peak parking demands. Varies Address Spillover
Problems
Use management, enforcement and pricing to address
spillover problems. Varies
Parking Facility
Design and
Operation
Improve parking facility design and operations to help solve problems and support parking management. Varies
C.2 Portland, OR Reduced Parking for Mixed-Use Areas Provision From page 11 of the City of Portland Off-Street Parking Management and Guiding Polices (https://www.portlandoregon.gov/transportation/article/547704):

In all cases, minimum parking requirements can be reduced by up to 50%, using combinations of the following provisions:
• One space reduction for every 12-inch diameter tree that is preserved (reduction of up to 2 spaces, or 10% of the total required parking);
• One space reduction for every 5 non-required bicycle parking spaces (reduction of up to 25% of the total required parking);
• Transit-supportive plazas may replace up to 10% of required parking, provided that at least 20 parking spaces are required and certain design standards are met; • One space for every 4 motorcycle spaces provided (reduction of up to 5 spaces or 5% of the total required parking)
• Two spaces for every car sharing (e.g., Zipcar) space provided (reduction of up to 25% of the total required parking); and
• Three spaces for every 15-dock bike sharing station, with a further one-space reduction for each additional 4 docks (reduction of up to 25% of the total required parking).

C.3 Petco Park Area Transportation Study
From page 29 of the Escondido Ballpark Project Traffic Impact Analysis (https://www.escondido.org/Data/Sites/1/media/pdfs/Planning/Ballpark/TrafficImpactAnaly sis.pdf, October 2010):

Petco Park conducted a Transportation Survey for the 2007 season. The survey provides information on travel characteristics of ballpark fans. The survey indicates that the automobile represents the primary mode of travel at approximately 71%. This equates to 29% for transit and other non-auto travel modes such as pedestrian, bicycle, etc. This compares with the Petco Park Environmental Impact Report (EIR) conducted in 1999 which assumed an 80% split for auto and 20% for transit/non-auto modes.

CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-7411

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,

CALIFORNIA ESTABLISHING AND RESTATING THE PROVISIONS OF THE CITY’S RESIDENTIAL PARKING PERMIT PROGRAM AND RELATED

REGULATIONS INTO A SINGLE RESOLUTION REPEALING AND
SUPERSEDING ALL PREVIOUS RESOLUTIONS RELATED TO THE CITY’S

RESIDENTIAL PARKING PERMIT PROGRAM AND RELATED REGULATIONS

AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Hermosa Beach has established and maintained a preferential residential parking permit program on certain streets in the City pursuant to California Vehicle Code § 22507 for decades; and WHEREAS, the City’s Residential Parking Permit Program and related regulations are codified in numerous resolutions dating back to the early 1980s, which requires review and compilation to get the complete regulatory environment; and
WHEREAS, more recently, the City Council approved the 2019 Coastal Zone Parking Management Study which included recommendations to improve parking management strategies for the City; and
WHEREAS, the Study noted that more residential parking permits are issued for those in the impacted coastal parking area than total number of available spaces in that same area; and
WHEREAS, at its February 28, 2023 meeting, the City Council made revisions to its residential parking permit program that limited the number of residential permits per residence and instituted other vehicle registration requirements for permit issuance; and
WHEREAS, at its October 10, 2023 meeting the City Council adopted a resolution that authorized the issuance of a single “guest” parking permit for each residential address in the impacted coastal parking area provided the residential DocuSign Envelope ID: 6190DD63-7415-407F-8DAA-FD1E80F7D5B8

address did not exceed the numeric cap of residential parking permits authorized under the City’s Residential Parking Permit Program; and WHEREAS, at its January 23, 2024 meeting the City Council made other revisions and amendments to the City’s parking program including raising the cost of the Residential Parking Permits and Guest Parking Permits, limit the number of annual employee permits, other administrative direction on the number of residences any individual can have, penalty for misuse of the system and increase the cost of the 12-Hour daily lot permit, 24-Hour daily lot permit and daily meter pass; and
WHEREAS, the City Council desires to place all provisions and regulations of the City’s Residential Parking Permit Program and related regulations into a single resolution for ease of reference and clarity with the public and to repeal and supersede all previous resolutions related to the City’s Residential Parking Permit Program and related regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Pursuant to California Vehicle Code § 22507, the City of Hermosa Beach establishes preferential parking privileges on certain streets in the City. This Resolution repeals and supersedes all previous resolutions related to the City’s Residential Parking Permit Program and related regulations.

SECTION 2. Use “The City Council finds and determines as follows:
(a) Parking on residential streets west of Loma Drive is subject to heavy use and demand from non-resident recreational commuters;
(b) The area west of Loma Drive and the west side of Cypress Avenue between 11th Street and Pier Avenue already provides only marginally adequate on-street parking for residents;
(c) There exists a City-wide impact on residential parking from recreational commuters and other visitors which has not yet been specifically identified; (d) Based on the City's experience and that of other coastal cities, it is reasonable to anticipate that the establishment of the Impacted Parking Area DocuSign Envelope ID: 6190DD63-7415-407F-8DAA-FD1E80F7D5B8

proposed in this resolution will have the effect of causing increased recreational commuter parking in areas east of Loma Drive;
(e) The large number of recreational commuters and other visitors have a detrimental effect on the health, safety and general welfare of the City by:
1) Increasing non-resident traffic volume and parking demands; 2) Creating unreasonable burdens on residents in gaining access to their dwelling;
3) Exacerbating noise and air pollution and creating new trash and litter problems;
4) Causing greater risk of traffic accidents;
5) Increasing risk of criminal activity;
6) Creating a risk of depressing property values;
7) Threatening to overwhelm the City’s capacity to maintain and protect the residential character of its neighborhoods; 8) The City’s Residential Parking Permit Program in the Impacted Area is designed to alleviate the problems cited here which arise from increasing demands of parking in residential neighborhood. 9) This resolution is consistent with the terms of California Coastal Commission Permit No. 5-82-251, as amended.

SECTION 3. The following boundaries shall constitute the “Impacted Area” where the City’s Residential Parking Permit Program shall apply:

The impacted area is bound by the North and South City boundaries; by the Strand on the west; and by Loma Drive, Park Avenue, or Morningside Drive on the east. Parking spaces on the West side of Cypress Avenue between 11th Street and Pier Avenue are also included.

SECTION 4. The City’s Residential Parking Permit Program is hereby established in the Impacted Area subject to the following:
(a) Residential Parking Permits are limited to three per year per residence (only one of which may be a hang tag permit, the rest shall be windshield stickers), to vehicles registered to the residence., Applicants shall provide proof of residence and valid vehicle registration at the address requested. For purposes of this program an individual shall only be allowed to reside at a single address in the City. A single extra permit in excess of the maximum 3 Residential parking Permits per residence may be issued by the City Manager or designee, in the sole DocuSign Envelope ID: 6190DD63-7415-407F-8DAA-FD1E80F7D5B8

discretion of the City Manager or designee, upon a showing that there exists a number of registered vehicles to different and unique drivers at a specific property which does not have adequate on-site parking to accommodate the number of vehicles in excess of the 3 Residential Parking Permits allowed. The burden of proof shall be upon the applicant and the City Manager shall develop adequate application standards to the satisfaction of the City Manager. The City Manager may waive the vehicle registration requirement in this Resolution upon a showing of good cause. The City Manager or designee’s decision shall be final.

In the event of resident turnover at a specific residence, a signed lease for a period of at least six (6) months executed within the previous thirty (30) days by the owner of record of the property shall be required to issue new passes to new and different drivers than the previous tenants. The previously issued Residential Parking Permits shall be cancelled upon a showing of new resident at any specific residence.

Issuance of permits allowed by this section shall, along with the other conditions mentioned above, only be issued for vehicles that do not have any outstanding parking citations in the City.
(b)Guest Parking Permits. Each residential address in the impacted coastal parking area shall be eligible for a single “Guest” Parking Permit provided this residential address does not exceed the cap of residential parking permits authorized under the City’s Residential Parking Permit Program. An applicant shall submit information as required by the City, demonstrating to the satisfaction of the City that the applicant resides at an address in the Impacted Area. No vehicle registration of any kind will be required for this “Guest” Parking Permit.

The City shall only issue a single “Guest” Parking Permit per parking permit cycle per residential address. This single “Guest” Parking Permit limit per parking permit cycle is inclusive of any claim that a permit was lost or stolen. The first applicant that satisfies the application criteria shall be issued the “Guest” Parking Permit. In no event will any residential address be issued more than one transferable hang tag parking permit.
(c) Commercial Enterprises. The City Manager or designee may issue a single affixed Residential Parking Permit to bona fide employees of the businesses within the Impacted Area (i.e., only one permit per employee) and each owner of a business in the Impacted Area may be issued one affixed Residential Parking Permit subject to the discretion of the City Manager or designee.

DocuSign Envelope ID: 6190DD63-7415-407F-8DAA-FD1E80F7D5B8

(d) In the event the City Manager or designee determines that an applicant has submitted an application with altered documents, otherwise lied or committed fraud in obtaining a permit, or misused a permit/violated the conditions of permit issuance (e.g. sold their permit to another individual who does not qualify), then that individual will be prohibited from receiving any permit under this program for two (2) years.

SECTION 5. Residential Parking Permits and Guest Parking Permits shall be valid from the first day of March to the 28th or 29th day of February each year unless the terms are extended or modified by the City Manager.

SECTION 6. Pursuant to the provisions of this resolution, meter posts painted or maintained with yellow color code and residential parking spaces posted onehour parking will allow resident permit parking daily, except that these permits are invalid during the hours posted for street sweeping operations, not to exceed 72 hours at one location, or a day permit which allows all-day parking and is valid only on the day of use, except during the hours posted for street sweeping operations.

SECTION 7. It is hereby designated that in those metered areas where the parking meter post adjacent to each parking space is painted yellow and in those areas posted one-hour parking between Beach Drive on the West, Loma/Morningside on the East, and the City boundaries on the North and South, exclusive of any commercially zoned frontage, a vehicle may occupy said restricted parking space providing said vehicle has affixed thereon in the lower right hand corner of the windshield of the vehicle a valid resident parking permit, or has hanging from the front rear-view mirror located on the inside of the vehicle a valid resident guest parking permit, or has a day permit which allows all-day parking and is valid only on the day of use between the hours of 8.a.m. to 5 p.m.

SECTION 8. Use Fees for Residential Parking Permits and Guest Parking Permits shall be $60.

The amount of these fees shall be reduced by one-half on the first day of September each year. Where a person to whom a valid Residential Parking Permit has been issued can furnish proof satisfactory to the City Manager or designee that said permit has been destroyed (portion of Parking Permit or portion of windshield to which permit has been attached), or stolen, the Department may issue a duplicate permit upon payment of a replacement fee of $3.00 to cover DocuSign Envelope ID: 6190DD63-7415-407F-8DAA-FD1E80F7D5B8

clerical cost. It is understood that the permits reported stolen will be immediately confiscated by the City if found on any vehicle and that stolen permits are thereafter completely void. Vehicles with stolen permits shall be subject to immediate ticketing and towing.

SECTION 9. It shall be the sole responsibility of the owner, operator, manager, or driver of a vehicle for which a valid parking permit has been issued to become familiar with the provisions for and the limitations on the use of the parking permit and ignorance of these provisions and limitations shall not be claimed as defense in any action brought for illegal use of the permit.

SECTION 10. In the Impacted Area, that area posted "One-Hour Parking", parking on-street shall be restricted to one-hour parking from 10:00 a.m. to midnight, every day during summer months, which is defined, for the purpose of this Section, as May 15th through September 15th.

SECTION 11. Environmental Review. Pursuant to CEQA Guidelines section 15061 (b) (3), it can be seen with certainty that there is no possibility that the activity contemplated by this resolution may have a significant effect on the environment.

SECTION 12. This resolution shall take effect immediately.

SECTION 13. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this resolution. The City Council hereby declares that it would have adopted this resolution, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional.

SECTION 14. Record of Proceedings. This resolution takes effect immediately and that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time same is passed and adopted. The City Clerk shall keep a copy of same DocuSign Envelope ID: 6190DD63-7415-407F-8DAA-FD1E80F7D5B8

along with such other documents and records of proceedings as may be designated by the City Manager.

SECTION 15. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED on this 23rd day of January, 2024.

Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla, Patrick Donegan,
City Clerk City Attorney
DocuSign Envelope ID: 6190DD63-7415-407F-8DAA-FD1E80F7D5B8

State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
March 21, 2024
Certification of Council Action
RESOLUTION NO. RES-24-7411

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA ESTABLISHING AND RESTATING THE PROVISIONS OF THE CITY’S RESIDENTIAL PARKING PERMIT PROGRAM AND RELATED

REGULATIONS INTO A SINGLE RESOLUTION REPEALING AND
SUPERSEDING ALL PREVIOUS RESOLUTIONS RELATED TO THE CITY’S

RESIDENTIAL PARKING PERMIT PROGRAM AND RELATED REGULATIONS

AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution No. RES-24-7411 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 23rd day of January 2024 and passed by the following vote:

AYES: MAYOR MASSEY, MAYOR PRO TEMPORE FRANCOIS,
COUNCILMEMBERS SAEMANN, DETOY and JACKSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla,
City Clerk
DocuSign Envelope ID: 6190DD63-7415-407F-8DAA-FD1E80F7D5B8

Example 1-Hour ($2Power BI Desktop .00) Parking Fee Breakdown $0.00 $0.05 $0.10 $0.15 $0.20 $0.25 $0.30 $0.35
IPS Group - Multi Meter
IPS Group - Single Meter
ParkMobile
$0.24
$0.16
$0.36
$0.11
$0.10
$0.11
$0.13
$0.06
$0.25
Fee Type
Banking and Processing Fees
Transaction Fee
Example 1-Hour ($2.00) Net Revenue Collected by City
$0.0 $0.5 $1.0 $1.5 $2.0
IPS Group - Multi Meter
IPS Group - Single Meter
ParkMobile
$1.76
$1.84
$1.89
Revenue Retention by City
0%
50%
100%
ParkMobile IPS Group -
Single Meter
IPS Group -
Multi Meter

94.50% 92.00% 88.00%

City of Hermosa Beach | Page 1 of 4
Meeting Date: January 14, 2025
Staff Report No. 25-PW-002
Honorable Mayor and Members of the Hermosa Beach City Council AWARD OF CONSTRUCTION CONTRACT FOR CIP 424 ANNUAL STORM DRAIN

IMPROVEMENTS
CEQA: Determine the Annual Storm Drain Improvements project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction). The proposed work is replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. (Public Works Director Joe SanClemente)
Recommended Action:

Staff recommends City Council:

1. Award a construction contract for CIP 424 Annual Storm Drain Improvements to PALP, Inc. dba Excel Paving Company in the amount of $212,260 (Attachment 1);

2. Authorize the Director of Public Works to establish a project contingency amount of $50,000 and to approve contract change orders up to the amount of the approved contract contingency;

3. Adopt the attached resolution entitled “A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 424 Annual Storm Drain Improvements Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account” (Attachment 2);

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

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

Executive Summary:

Capital Improvement Program (CIP) Project 424 Annual Storm Drain Improvements consists of construction of a new catch basin, approximately 91 linear feet of storm drainpipe to connect to the existing storm drain access hole along Bard Street, a new access hole, and new accessible curb ramp. Staff received eight bids for the construction of the project and recommends City Council award a construction contract to the lowest responsible and responsive bidder, PALP, Inc. dba Excel Paving Company.

City of Hermosa Beach | Page 2 of 4
Background:

CIP 424 Annual Storm Drain Improvements is located at the intersection of Bard Street and Oak Street, which is located just north of Pier Avenue. The northern leg of the Bard Street and Oak Street intersection serves as the entrance to Marineland Mobile Home Park. The existing roadway and intersection configuration are prone to stormwater bypass during heavy storm events, which overflows into the Marineland Mobile Home Park property. The purpose of the project is to construct new storm drain improvements at the intersection of Bard Street and Oak Street to intercept the stormwater to minimize overflows into the property. The proposed storm improvements include the construction of a new grated catch basin at the southwest corner of Bard Street and Oak Street that would connect to a new access hole and 91 linear feet of new storm drainpipe.

Analysis:

On October 30, 2024, the City issued Notice Inviting Bids 24-008 inviting experienced contractors to submit a bid for the storm drain 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 November 21, 2024, the City received a total of eight bids, which were opened and read aloud by the City Clerk. The bid results are provided in Attachment 3 and summarized below.

BIDDER BID AMOUNT
Al’s Engineering, Inc. $209,454.50
PALP dba Excel Paving Company $212,260.00
GRBCON, Inc. $216,421.00
CEM Construction Corp $247,055.00
HZS Engineering Inc $277,195.00
TTS Engineering $283,641.00
T.E. Roberts, Inc. $341,580.00
Dominguez General Engineering Inc $343,645.00
Staff reviewed the bid documents for the apparent low bidder and found Al’s Engineering, Inc. to be non-responsive. Al’s Engineering, Inc. did not list the required three projects of similar type of construction and magnitude with other public agencies within the past five years. Further, the lack of the required projects within the stated period results in a determination that the bidder is non-responsible pursuant to Public Contract Code § 1103 in that the bidder lacks the required experience to satisfactorily perform the public works contract. Accordingly, staff recommends City Council reject Al’s Engineering, Inc.’s bid.

Staff reviewed the bid documents for the second lowest bidder (Attachment 4) and found PALP, Inc. dba Excel Paving Company to be the lowest responsible and responsive bidder. The lump sum pricing for the low bid is approximately percent lower than the engineer’s estimate of $232,000.

City of Hermosa Beach | Page 3 of 4
Staff confirmed PALP, Inc. dba Excel Paving Company contractor license is active and in good standing with the Contractor’s State License Board. Staff contacted references and confirmed competency through completion of recent projects of similar type of work within the past five years. Overall, staff finds PALP, Inc. dba Excel Paving Company to be a qualified contractor to complete the proposed work for the project and recommends City Council approve award of the construction contract.

Staff would provide construction management and inspection services to oversee the work during construction. The anticipated duration of the project is 30 working days with construction to start as soon as February 2025 and anticipated completion by April 2025.

Environmental Analysis
The Project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction). The proposed work is replacement or reconstruction of existing utility system involving negligible or no expansion of capacity. No exceptions to the CEQA exemption apply.

General Plan Consistency:

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

Infrastructure Element
Goal 1. Infrastructure systems are functional, safe, and well maintained.

Policies:
 1.1 Infrastructure systems plan. Establish and adopt an integrated, holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience.
 1.2 Priority Investments. Use City Council established priorities and the Capital Improvement Program (CIP) to identify and allocate funding for projects identified in the infrastructure plan.

Fiscal Impact:

CIP 424 Annual Storm Drain Improvements is budgeted in the FY 2024–25 Adopted Budget, Storm Drain Fund. The lowest responsible and responsive bidder, PALP, Inc. dba Excel Paving Company submitted its bid at $212,260. Staff recommends establishing a project contingency of $50,000 to cover any unforeseen conditions or additional work required during construction, for a total construction budget not to exceed $262,260.

Agreement Request
Request Amount FY 2024–25 Budget Dept.

Account # Total Contract Amount
$262,260 161-8424-4201 $262,260

City of Hermosa Beach | Page 4 of 4
Attachments:

1. Draft Contract

2. Draft Resolution

3. Bid Opening Log

4. PALP, Inc. dba Excel Paving Company Bid Documents

5. Contract Documents and Special Provisions

6. Project Plans
Respectfully Submitted by: Briana Aube, Assistant Engineer Concur: Heecheol Kwon, Senior Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

1 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 PALP, Inc. dba Excel Paving Company (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. 424 STORM DRAIN IMPROVEMENTS (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On January 14, 2025, 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. 424 STORM DRAIN IMPROVEMENTS in the City of Hermosa Beach.

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

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 424 STORM DRAIN IMPROVEMENTS in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated October 2024, (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 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 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.

2 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal $212,260.00 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 30 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, 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.

3 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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site. CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program

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

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

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

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

7 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 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,

8 bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence.

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

At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers,

9 officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
d. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear.
ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. e. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
iii. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.
iv. A copy of the claims reporting requirements must be submitted to the CITY for review. v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY.
g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any

10 loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. j. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

18. COMPLIANCE WITH CARB REGULATIONS:
a. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). b. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
c. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

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

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

21. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this Contract.

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

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

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

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

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

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

12 not be valid or binding. Any modifications of this Contract will be effective only if signed by the party to be charged.

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

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

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

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

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

Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow

13 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.

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.

14 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.

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.

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

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

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

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

Within 60 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

16 matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite Contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first.

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

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

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

25. TERMINATION: This Contract may be terminated by CITY at any time, either with 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.

17 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 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.

18 State of California
CONTRACTOR'S License No. __

CONTRACTOR

_________________ By: ____________________________________________ Date TITLE

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

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

CITY ATTORNEY
__________________
Date

CITY OF HERMOSA BEACH
RESOLUTION NO. 25-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING THE CONSTRUCTION OF CIP 424

ANNUAL STORM DRAIN IMPROVEMENTS PURSUANT TO
GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT

PAYMENT ACCOUNT
WHEREAS, The City solicited competitive bids for the Annual Storm Drain Improvements; and
WHEREAS, Bids were received and opened publicly on November 21, 2024, and PALP, Inc. dba Excel Paving Company was chosen as the lowest responsible bidder; WHEREAS, The City Council, desires to confirm City staff’s decision and award the construction contract to the lowest responsible bidder, PALP, Inc. dba Excel Paving Company for the Annual Storm Drain Improvements project;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. On November 21, 2024 the City received a total of eight (8) bids which are summarized below:

BIDDER BID AMOUNT
Al’s Engineering, Inc. $209,454.50
PALP dba Excel Paving Company $212,260
GRBCON, Inc. $216,421
CEM Construction Corp $247,055
HZS Engineering Inc $277,195
TTS Engineering $283,641

T.E. Roberts, Inc. $341,580
Dominguez General Engineering, Inc. $343,645
SECTION 2. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the plans and construction of the Project. The City Engineer finds that the plans are complete, and the Project may be constructed.

SECTION 3. Design Immunity; Authorization
A. The design and plans for the Project are determined to be consistent with the City’s standards and are approved;
B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced;
C. The approval granted by this Resolution conforms with the City’s General Plan;
D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and
E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6.

SECTION 4. For purposes of the Contract Documents administering the Project, the City establishes an account containing sufficient monies from the current fiscal year budget to pay for the project. This Account is the sole source of funds available for the Construction Sum as defined in the Contract Document administering the Project.

SECTION 5. The Project is exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15302 (Replacement or Reconstruction).

The proposed work is replacement or reconstruction of existing utility system involve neglible or no expansion of capacity. No exceptions to the CEQA exemption apply.

SECTION 5. The City Clerk is directed to certify the adoption of this Resolution.

SECTION 6. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED on this 14th day of January, 2025.

Mayor Dean Francois
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Reanna Guzman Patrick Donegan,
Acting City Clerk City Attorney

1 CITY OF HERMOSA BEACH

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
CIP NO. 424

STORM DRAIN IMPROVEMENTS
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 2pm on Thursday, November 21, 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. 424 Storm Drain Improvements.

The project proposes to improve stormwater capture at the intersection of Bard Street and Oak Street. Work will include the construction of a new catch basin inlet at the southwest corner of Bard Street and Oak Street that will connect into the existing maintenance access hole north of Pier Ave with a new reinforced concrete pipe. Incidental improvements include trenching and pavement restoration; construction of concrete curb and gutter, sidewalk, and local depression; and replacement of signage and striping.

The engineer’s cost estimate for the project is $232,000. License requirement is a valid State of California Contractors License Class “A”.

All sidewalks and access ramps shall be replaced with PCC concrete within 48 hours after removal. 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 30 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 bids received. The award, if made, will be made to the lowest responsive and responsible Bidder.

3 Please submit any questions related to this bid on Planet Bids portal no later than 5pm on Thursday, November 14, 2024.

4 TABLE OF CONTENTS
CIP NO. 424

STORM DRAIN IMPROVEMENTS
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..........................................................................................................................................20 D. BIDDER'S ASSURANCE.............................................................................................................23 E. BIDDER'S DECLARATION.......................................................................................................24 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS ....................26 G. CERTIFICATION OF PRINCIPAL.......................................................................................27 H. DECLARATION OF ELIGIBILITY TO CONTRACT ..................................................28 I. NON-COLLUSION DECLARATION .....................................................................................29 J. REFERENCES OF WORK..........................................................................................................30 K. SUBCONTRACTORS LIST.......................................................................................................32 L. IRAN CONTRACTING ACT CERTIFICATION .............................................................35 M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION..........36 V. CONTRACT DOCUMENTS .............................................................................................................37 A. CONTRACT AGREEMENT......................................................................................................38 B. AGREEMENT OF INDEMNIFICATION ............................................................................57 C. EQUALS..............................................................................................................................................58 D.FAITHFUL PERFORMANCE BOND ....................................................................................59 E. PAYMENT BOND (LABOR AND MATERIALS).............................................................64 F. GUARANTEE TO THE CITY OF HERMOSA BEACH.................................................68 G. GENERAL COMPREHENSIVE LIABLITY ADDITONAL INSURED
ENDORSMENT.....................................................................................................................................69 H. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT.........71 I. INSTRUCTIONS FOR COMPLETING, EXECUTING, AND SUBMITTING EVIDENCE OF INSURANCE TO THE OWNER...................................................................73 J. WORKER'S COMPENSATION INSURANCE CERTIFICATE ................................75 K. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL....76 L. W9 FORM...........................................................................................................................................77 M. COMPLINACE WITH CARB REGULATIONS..............................................................77 VI. SPECIAL PROVISIONS ............................................................................................SP-1

5 City of Hermosa Beach
CIP NO. 424

STORM DRAIN IMPROVEMENTS
I. PROJECT DESCRIPTION AND UNDERSTANDING
The project proposes to improve stormwater capture at the intersection of Bard Street and Oak Street. Work will include the construction of a new catch basin inlet at the southwest corner of Bard Street and Oak Street that will connect into the existing maintenance access hole north of Pier Ave with a new reinforced concrete pipe. Incidental improvements include trenching and pavement restoration; construction of concrete curb and gutter, sidewalk, and local depression; and replacement of signage and striping.

The Contractor is responsible for the production and submittal of traffic control plans in accordance with the requirements of the Special Provisions. Traffic control plans shall be considered a construction submittal subject to review by the Engineer.

Most of the construction operations will take place in the intersection of Bard Street and Oak Street. The Contractor will be required to maintain access to the Marineland Mobile Home Park and the commercial properties along Oak St during working hours.

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

Pre-bid Meeting: No pre-bid meeting will be held for this project. However, 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.

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 5pm on Thursday, November 14, 2024. Proposers shall not contact City personnel or Elected Officials with any questions or clarifications concerning this Invitation for Bids other than through Planet Bids. Any City response for this Bid that is not posted through Planet Bids is unauthorized and will be considered invalid.

Submittal of Bids: Electronic bids shall be submitted through Planet Bids until 2pm on Thursday, November 21, 2024 at which time they will be publicly opened and read in the City Council Chambers at 1315 Valley Drive, Hermosa Beach, CA. All bids shall be valid for a period of 90 calendar days after the bid opening date.

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

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

7 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

12 written notice, signed by the Bidder, or his authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to him. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time herein above prescribed.

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

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

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

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

The Contractor shall have a minimum of three (3) 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.

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

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

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

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

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

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

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

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

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

Unfair Business Practices Claims: In entering into a public works Contract or a subcontract to supply goods, services, or materials pursuant to a public works Contract, the Contractor or sub-Contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works Contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the Contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.)
Bidder Registration Requirement: Pursuant to Labor Code sections 1725.5 and 1771.1, all Contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted, nor any Contract entered into without proof of the Contractor’s and subcontractors’ current registration with the DIR to perform public work.

If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. To this end, Bidder shall sign and submit with its bid proposal the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Subcontractors List form.

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

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

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

15 with or without further review.

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

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

If the protester wishes to further contest the protest, it shall appeal this decision to the City Council by filing a statement of appeal with the City Clerk within five (5) days of the issuance of the City Manager’s decision. Said statement of appeal shall include all information required of the original bid protest, as well as 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;

16 b. The signature of the protester or authorized representative of the protester; c. The project number and title under which the protest is submitted; d. A detailed description of the legal and/or factual grounds for the protest and all supporting documentation. For protests containing elements not based on publicly released information the protest must contain documentation clearly showing the date on which the protester received the information; and e. The form of relief requested.

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

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

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

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

17 IV. BID DOCUMENTS
A. PROPOSAL
CIP NO. 424

STORM DRAIN IMPROVEMENTS
CONTRACTOR: Date: ___________________
TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:

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

CIP NO. 424

STORM DRAIN IMPROVEMENTS
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.

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

All work shall be completed within 30 working days from the date the Notice to Proceed is issued by the Engineer.

Contractor Signature PWCR Registration Number

18 B. BID SCHEDULE
CIP NO. 424

STORM DRAIN IMPROVEMENTS
Item
No.

Estimated
Quantity
Unit Description of Work Payment
Reference
Unit
Price Total
1 1 LS MOBILIZATION (5% MAX OF

TOTAL BID PRICE)
3-12.6
7-3.4 $ $
2 1 LS TRAFFIC CONTROL 601-3.5.2,
601-7
$ $
3 1 LS SURVEYING 3-10.4 $ $
4 415 SF REMOVE ASPHALT

CONCRETE PAVEMENT
401-7
$ $
5 22 LF REMOVE CONCRETE CURB

AND GUTTER
401-7
$ $
6 28 SF REMOVE CONCRETE CROSS
GUTTER
401-7
$ $
7 55 SF REMOVE CONCRETE

LONGITUDINAL GUTTER
401-7
$ $
8 162 SF REMOVE CONCRETE

SIDEWALK
401-7
$ $
9 379 SF
CONSTRUCT 2” AC
SURFACE COURSE (C2-PG
64-10) AND 4” BASE COURSE
(B-PG 64-10) OVER 6” CMB,

EXCLUDING PIPE TRENCH

PAVEMENT
302-5.9
$ $
10 28 LF
CONSTRUCT TYPE A2-6 PCC

CURB AND GUTTER OVER
8” CMB PER SPPWC STD
PLAN 120-3, A2-6 PCC. SEE
ST-01 ON PLANS
303-5.9
$ $
11 86 SF CONSTRUCT 4” PCC
SIDEWALK OVER 4” CMB
303-5.9 $ $
12 1 EA CONSTRUCT 4” PCC CURB
RAMP OVER 4” CMB
303-5.9 $ $
13 1 LS CONSTRUCT CONCRETE

PIPE ENCASEMENT
306-15.1 $ $
14 1 LS

BREAK INTO EXISTING
MANHOLE PER SPPWC STD.
208-3
306-15.1
$ $
15 91 LF
CONSTRUCT 12” DIAMETER

REINFORCED CONCRETE
PIPE (CLASS 800-D)
306-15.1
$ $

19 (Total Bid in Figures)
(Total Bid in Words)
Contractor Name:

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the Bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a Bidder's bond in the amount of

__________________________________________________Dollars, said amount being not less than ten (10) percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

Contractor Signature: __________________________________________ PW Registration #:

State License #: _________
Contractor Company Name: __________________________________________ Item
No.

Estimated
Quantity
Unit Description of Work Payment
Reference
Unit
Price Total
16 1 EA

CONSTRUCT GRATING

CATCH BASIN INLET

INCLUDING LOCAL

DEPRESSION
306-16.2
$ $
17 1 EA

CONSTRUCT STORM DRAIN

MAINTENANCE ACCESS
HOLE
306-15.1
$ $
18 1 LS SIGNAGE AND STRIPING

RESTORATION
314.4.4.6 $ $

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

WHEREAS, ________________________________, (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach CIP NO. 424 STORM DRAIN IMPROVEMENTS said work being: CIP NO. 424 STORM DRAIN IMPROVEMENTS as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.

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

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

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

Principal
By
Title

21 Surety
By

Title

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

23 D. BIDDER'S ASSURANCE
CIP NO. 424

STORM DRAIN IMPROVEMENTS
FROM:

Name of Bidder:

Business Address:

Telephone No:

TO:

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

Pursuant to your published Notice Inviting Bids for: CIP NO. 424 STORM DRAIN

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

BY: TITLE:

24 E. BIDDER'S DECLARATION
CIP NO. 424

STORM DRAIN IMPROVEMENTS
It is understood and agreed that:

1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, 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

25 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.

26 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP NO. 424

STORM DRAIN IMPROVEMENTS
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

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

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

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

FIRM

TITLE OF PERSON SIGNING

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

27 G. CERTIFICATION OF PRINCIPAL
CIP NO. 424

STORM DRAIN IMPROVEMENTS
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.)
Signature:

Name:

Title:

Name of Company:

28 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP NO. 424

STORM DRAIN IMPROVEMENTS
The undersigned, a duly authorized representative of the Contractor, certifies and declares that:

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

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

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

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

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

Signature:

Name:

Title:

Name of Company:

29 I. NON-COLLUSION DECLARATION
CIP NO. 424

STORM DRAIN IMPROVEMENTS
The undersigned declares:

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

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding.

The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

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

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

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP

30 J. REFERENCES OF WORK
CIP NO. 424

STORM DRAIN IMPROVEMENTS
Provide names, addresses, phone numbers and email addresses for at least three public agencies for which Bidder has performed similar work within the past five years.

All contact information must be current.

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

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

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

NAME OF BIDDER

SIGNATURE OF BIDDER DATE

32 K. SUBCONTRACTORS LIST
CIP NO. 424

STORM DRAIN IMPROVEMENTS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each Bidder shall set forth below: (a) the name and location of the place of business, (b) the California Contractor license number, (c) the DIR public works Contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.

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

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

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

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

Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work

33 Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

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

Description of Work:

CSLB Contractor License No. DIR Registration No.

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

Description of Work:

CSLB Contractor License No. DIR Registration No.

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

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work

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

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

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

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

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

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

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

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

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

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

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

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

37 V. CONTRACT DOCUMENTS
CIP NO. 424

STORM DRAIN IMPROVEMENTS

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

R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for CIP NO. 424 STORM DRAIN IMPROVEMENTS (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On [INSERT DATE], City’s City Council declared CONTRACTOR to be the lowest responsible Bidder and accepted the bid of CONTRACTOR; and
C. The City Council has authorized the Mayor to execute a written Contract with CONTRACTOR for furnishing labor, equipment, and material for the CIP No. 424 STORM DRAIN IMPROVEMENTS in the City of Hermosa Beach.

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

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 424 STORM DRAIN IMPROVEMENTS in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated [INSERT DATE], (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 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 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.

39 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 30 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, 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.

40 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.

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

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

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

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

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

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

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

CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the Contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the 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.

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

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

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

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

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

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

CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site. CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program

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

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

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

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

44 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 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,

45 bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence.

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

At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers,

46 officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
d. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear.
ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. e. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
iii. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.
iv. A copy of the claims reporting requirements must be submitted to the CITY for review. v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY.
g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any

47 loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. j. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

18. COMPLIANCE WITH CARB REGULATIONS:
a. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). b. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
c. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

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

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

21. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this Contract.

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

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

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

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

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

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

49 not be valid or binding. Any modifications of this Contract will be effective only if signed by the party to be charged.

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

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

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

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

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

Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow

50 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.

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.

51 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.

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.

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

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

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

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

Within 60 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

53 matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite Contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first.

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

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

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

25. TERMINATION: This Contract may be terminated by CITY at any time, either with 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.

54 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 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.

55 State of California
CONTRACTOR'S License No. __

CONTRACTOR

_________________ By: ____________________________________________ Date TITLE

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

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

CITY ATTORNEY
__________________
Date

56 Page 1380 of 1536
57 B. AGREEMENT OF INDEMNIFICATION

AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION CIP NO. 424

STORM DRAIN IMPROVEMENTS
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:

58 C. EQUALS
CIP NO. 424

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

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

1. 2.

3.

59 D. FAITHFUL PERFORMANCE BOND
CIP NO. 424

STORM DRAIN IMPROVEMENTS
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

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

60 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]