7 operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of
8 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 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.
17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors.
a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Working On, Over, or Near Navigable Waters. This Contract involves work on or adjacent to and/or work contributing to commerce on Navigable Waters of the United States, as defined by the U.S. Code of Federal Regulations. The Contractor therefore shall provide proof of insurance coverage in compliance with the statutory requirements of the U.S. Longshore and Harbor Workers’ Compensation Act.
If the Contractor is working from barges or any other watercraft, owned or nonowned, the Contractor must maintain Protection and Indemnity (P&I) insurance providing coverage for actions of the crew to third parties in the amount of $1,000,000 each occurrence or accident. The City shall be named by endorsement as an additional insured on the Contractor’s Protection and Indemnity insurance policy. The Contractor must also provide proof of insurance coverage in compliance with the statutory requirements of the Merchant Marine Act of 1920 (Jones Act).
9 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. 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).
viii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
ix. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
b. 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,
10 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. c. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. iv. A copy of the claims reporting requirements must be submitted to the CITY for review.
v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. d. 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.
e. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors. f. 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.
11 g. 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.
h. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
18. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
19. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them.
The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.
CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a 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.
12 22. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
23. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
24. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.
25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf.
26. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
13 CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Project Manager
CONTRACTOR:
Attention:
27. DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
14 Supporting Documentation. The CONTRACTOR shall submit all claims in the following format:
Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:
Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed.
Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.
15 Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.
CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.
Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.
If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.
16 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY.
Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
17 Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims.
24. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
25. TERMINATION: This Contract may be terminated by CITY at any time, either with our without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract.
26. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties.
27. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
28. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
18 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.
19 State of California
CONTRACTOR'S License No. 984827
CONTRACTOR
KYA Services, LLC
1800 E. McFadden Avenue Santa Ana, CA 92705
By:
Date Jonathan Williams, Chief Operating Officer
CITY OF HERMOSA BEACH, CALIFORNIA
By:
Date Dean Francois, Mayor
ATTEST:
By:
Date Myra Maravilla, City Clerk
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM:
Patrick Donegan, City Attorney
Date
XXXX
KYA Services, LLC And
CITY OF HERMOSA BEACH
RESOLUTION NO. XXXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE CONSTRUCTION OF CIP 619 KELLY
COURTS RENOVATIONS PURSUANT TO GOVERNMENT CODE SECTION
830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT
WHEREAS, NUVIS & Associates, a design firm with the City of Hermosa Beach through a Professional Services Agreement dated December 2, 2019, designed and prepared the plans to construct CIP 619 Kelly Courts Improvements (“Project”); and
WHEREAS, The City solicited competitive bids for the Project; and WHEREAS, Bids were received and opened publicly on January 23, 2025 and KYA Services, LLC. was chosen as the lowest responsible bidder; and WHEREAS, the City Council, concurrent with the adoption of this Resolution, awarded the construction contract to the lowest responsible bidder, KYA Services, LLC. for the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the plans and construction of the Project. The City Engineer finds that the plans are complete and the Project may be constructed.
SECTION 2. Design Immunity; Authorization
A. The design, plans and vendor proposal for the Project are determined to be consistent with the City’s standards and are approved; B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced;
XXXX
C. The approval granted by this Resolution conforms with the City’s General Plan;
D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and
E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3. For purposes of the Contract Documents administering the Project, the City establishes an account containing sufficient monies from the current and following fiscal year budget to pay for the project. This Account is the sole sources of funds available for the Construction Sum as defined in the Contract Document administering the Project.
SECTION 4. The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, and ADOPTED on this 25th day of February, 2025 Dean Francois
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
City of Hermosa Beach
BID #24-011 | CIP No. 619
KELLY COURTS RENOVATIONS
Opened By: Reanna Guzman Staff Present: Laney Wilson, Joe SanClemente, Andrew Nguyen, Saad Malim, and Karla Vargas Attested:
Acting City Clerk Signature: ___________________________ Date: ____________ # COMPANY COMPANY CONTACT
(If Applicable)
BID RECEIVED
DATE/TIME
AMOUNT OF
BID
BID BOND
10%
ADDEND
A
1. KYA Services, LLC
Oscar Perez
916-710-1817
[email protected]
1/23/2025
12:40 PM $797,766.00 Yes Yes
2. HZS Engineering, Inc
Joe
951-226-4040
[email protected]
1/23/2025
1:31 PM $997,567.00 Yes None
3. US Builders & Consultants
Tamer Awad
714-317-8402
[email protected]
1/23/2025
1:45 PM $887,900.00 Yes Yes
4. CSI Services
Fernando Acihcal
310-530-8111
[email protected]
1/23/2025
1:46 PM
$912,591.20 Yes Yes
5. ARIX INC.
HASSAN ZARRINJOUB
949-331-6245
[email protected]
1/23/2025
1:58:25 PM
$747,966.00 Yes None
6. Concept Consultant, Inc.
Nick Sammadi
310-439-8516
[email protected]
1/23/2025
1:58:36 PM $745,206.59 Yes Yes
1/23/2025
17 IV. BID DOCUMENTS
A. PROPOSAL
CIP NO. 619 Kelly Courts Renovations
CONTRACTOR: Date: ___________________
TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:
The undersigned declares that he/she has carefully examined the location of the proposed work and that he/she has examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for:
CIP NO. 619 Kelly Courts Renovations
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.
The Contractor also certifies that he/she is registered with the Department of Industrial Relations.
All work shall be completed within forty (40) working days from the date the Notice to Proceed is issued by the Engineer.
Contractor Signature PWCR Registration Number
Concept Consultant, Inc. 1/23/2025 DIR # 1000008410
18 B. BID SCHEDULE
CIP NO. 619 Kelly Courts Renovations
Item
No.
Estimated
Quantity
Unit Description of Work Unit
Price Total
1 1 LS
Mobilization and Demobilization
(5% max. of total bid schedule
cost)
$
2 1 LS Clearing, grubbing, removals
and demolition $
3 1 LS Erosion and sediment control $
4 1 LS Grading $
5 480 LF Sawcut existing concrete $
6 1 LS Relocate existing water valves
and fixtures $
7 25 LF Construction of 6” PCC
retaining curb $
8 100 LF Construction of 8” PCC
retaining curb $
9 121 LF Construction of PCC curb and
gutter $
10 580 SF Construct PPC concrete slab
extension $
11 668 SF Construct new 4’ thick PCC
sidewalk $
12 1 EA Install detectable warning panel $
13 280 LF Install new 10’ high vinylcoated fence with windscreen $ 14 125 LF Install new 10’ high vinyl-coated
fence without windscreen $
15 51 LF Install new 4’ high vinyl-coated
fence without windscreen $
16 545 LF Install new 10’ high vinyl-coated
fence fabric and windscreen $
17 5 EA Install new vinyl-coated single
gate with windscreen $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 32,300 32,300 1,495. 1,495 3,516.70 3,516.70 3.22 1,545.60 977.50 977.50 69 6,900 1,581.25 6982.80 10,018.80 9.78 5,669.50 15.53 10,370.70 977.50 977.50 356.50 99,820 307.05 4,605.75 172.50 8,797.50 8,855 38,500 125.35 8,910.75 57,712.0557,712.05
19 (Total Bid in Figures)
______ _____________
Item
No.
Estimated
Quantity
Unit Description of Work Unit
Price Total
18 1 EA Install new vinyl-coated single
gate without windscreen $
19 1 EA Install new vinyl-coated double
gate with windscreen $
20 3 EA
Install vinyl-coated fabric and
windscreen for existing single
gate
$
21 1 EA
Install vinyl-coated fabric and
windscreen for existing double
gate
$
22 1 LS Paint and refurbish pickleball
courts $
23 1 LS Paint and refurbish tennis court $
24 1 LS Paint and refurbish basketball
courts $
25 1 LS Install pickleball court posts, net,
straps and anchor ( 4 sets) $
26 1 LS Install tennis court posts, net,
straps and anchor (1 set) $
27 1 LS
Install four (4) basketball
uprights, backboards, nets , rings
and paddings
$
28 1 LS Install Pavement Striping and
markings (parking lot) $
29 2 EA Install signage – including posts
and hardware (parking lot) $
30 8 EA Install light pole padding $
31 1 LS Install new Musco light poles
and luminaires $
32 1 LS
Install site electrical
conduits/conductors including
trenching, installation of pull
boxes, tie- in and installation of
time clocks.
$
33 1 LS Modify existing irrigation $
34 1 LS Modify existing irrigation and
plant sod $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 8,912.50 8,912.50 11,442.50 11,442.50 2,990 8,970 5,520 5,520 25,852 25,852 16,594.50 16,594.50 33,189 33,189 11,559.80 11,559.80 2,811.75 2,811.75 15,148.9515,148.95 3,795 3,795 517.50 1,035 253 2,024 1,092.50 1,092.50 1,725 1,725 126,725 126,725 76,005 76,005 $646,101.10
20 (Total Bid in Words)
_______ _____________
Contractor Name:
(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: __________________________________________ Concept Consultant, Inc. Concept Consultant, Inc. 10% Bid amount 1000008410 982335 Concept Consultant, Inc. Six hundred forty six thousand one hundred and one and 10/100
21 C. BID BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ________________________________, (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach and said work being: CIP NO. 619 Kelly Courts Renovations as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.
NOW, THEREFORE, we, the Contractor, as Principal, and
______________________ _______________________________ a corporation organized and existing under the laws of the State of _________________, duly authorized to transact business under the laws of the State of California as Surety, are held and firmly bound unto the City of Hermosa Beach, as Obligee, in the sum of
___________________________________ Dollars ($_______________) lawful money of the United States of America, said sum being not less than ten percent (10%) of the bid amount for the payment of which sum well and truly to be made, the said Principal, and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: If the bid of the said Principal is rejected by the said Obligee; or if the said Obligee shall accept the bid of the said Principal and said Principal shall enter into an Agreement with said Obligee in accordance with the terms of the bid, and shall give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Agreement and for the prompt payment of labor and material furnished in the prosecution thereof; or in the event of the failure of said Principal to enter such Agreement and give such bond or bonds, if said Principal shall pay to said Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which said Obligee may in good faith Contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the City of Hermosa Beach in successfully enforcing said obligation.
IN WITNESS THEREOF, we have hereunto, set our hands and seals this ___________ day of ______________________, ______. ...........
Principal
By
Title
22 Surety
By
Title
23 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
24 D. BIDDER'S ASSURANCE
CIP NO. 619 Kelly Courts Renovations
FROM:
Name of Bidder:
Business Address:
Telephone No:
TO:
Members of the City Council
c/o City Hall
City of Hermosa Beach, California
Members of the City Council:
Pursuant to your published Notice Inviting Bids for: CIP NO. 619 Kelly Courts Renovations
The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule.
BY: TITLE:
Concept Consultant, Inc. 1220 Manning Ave. # 13 Los Angeles, CA 90024 310-439-8516 President
25 E. BIDDER'S DECLARATION
CIP NO. 619 Kelly Courts Renovations
It is understood and agreed that:
1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, Warranty Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions.
2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof.
3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal.
4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned.
The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents.
The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified and will complete said work within the time specified in the Bidding Schedule.
5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other Bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding.
6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the Owner after evaluation of the bids as submitted. The undersigned agrees that the Owner shall recover or retain as liquidated damages an amount equal to the difference between the low bid and amount of the bid of the Bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest Bidder in accordance with the provisions of the Public Contract Code section 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided.
7. This bid will not be withdrawn within a period of ninety (90) days after the date of its proper opening by the City.
26 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.
Concept Consultant, Inc. President 1220 Manning Ave. # 13 Los Angeles, CA 90024 Nick Sammadi President 982335 A & B 310-439-8516 1/23/2025 Nick Sammadi President 1220 Manning Ave. Los Angeles CA 90024 310-877-1192
27 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP NO. 619 Kelly Courts Renovations
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.
We agree specifically:
1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
FIRM
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
Concept Consultant, Inc.President 01/23/2025 N/A
28 G. CERTIFICATION OF PRINCIPAL
CIP NO. 619 Kelly Courts Renovations
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.)
Signature:
Name:
Title:
Name of Company:
Nick Sammadi President Concept Consultant, Inc.
29 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP NO. 619 Kelly Courts Renovations
The undersigned, a duly authorized representative of the Contractor, certifies and declares that:
1. The undersigned Contractor is aware of Section 1771.1 and 1777.7 of the California Labor Code, which prohibit a Contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.
2. The undersigned Contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.
3. The undersigned Contractor is aware of California Public Contract Code Section 6109, which states:
“(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a Contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a Contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.” “(b) Any Contract on a public works project entered into between a Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works Contract, and any public money that may have been paid to a debarred subcontractor by a Contractor on the project shall be returned to the awarding body. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.”
4. The undersigned Contractor has investigated the eligibility of each and every subcontractor the undersigned Contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of
, at (place of execution),
California.
Signature:
Name:
Title:
Name of Company:
23rd Jan. 2025 Los Angeles Nick Sammadi President Concept Consultant, Inc.
30 I. NON-COLLUSION DECLARATION
CIP NO. 619 Kelly Courts Renovations
The undersigned declares:
I am the ___________________ of ______________________________, the party making the foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding.
The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].
NAME OF BIDDER
SIGNATURE OF BIDDER
ADDRESS OF BIDDER
CITY STATE ZIP
president Concept Consultant, Inc. 1/23/2025 Los Angeles California Nick Sammadi 1220 Manning Ave. # 13 Los Angeles, CA 90024
31 J. REFERENCES OF WORK
CIP NO. 619 Kelly Courts Renovations
Date: ________________
The following are the names, addresses and phone numbers/ email addresses for at least three public agencies for which Bidder has performed similar work within the past five years.
All contact information must be current.
________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
___________________________________ ___________________________________ Contract Amount Date Completed
_________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
________________________________ _____________________________________ Contract Amount Date Completed
1/23/2025 Blair Basketball Court City of Culver City 9770 Culver Blvd. Culver City, CA 90232 David Nauta 310-253-5606 : Construction new basketball court at the Blair park $360,975 9/26/2023 Boys & Girls Club Los Angeles Harbor Sanpedro, CA Sherri Franklin 213-712-9906 Construction a new basketball court at the Boys and Girls Club, City of Wilmington. $394,017 11/20/2020
32 _________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
__________________________________ ____________________________________ Contract Amount Date Completed
_________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
_________________________________ ____________________________________ Contract Amount Date Completed
For additional References, please add separate sheets.
City of Rosemead Jerry Hirsh 909-217-6023 Garvey Park improvement $362,805 6/22/2020 City of Beverly Hills Teresa Revis 310-285-2471 Bollards project $733,768 8/21/2024 Public works
33 K. SUBCONTRACTORS LIST
CIP NO. 619 Kelly Courts Renovations
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each Bidder shall set forth below: (a) the name and location of the place of business, (b) the California Contractor license number, (c) the DIR public works Contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.
Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner.
We propose to use the following listed subcontractors as per Public Contract Code Section 4100 et seq.: List all Subcontractors. The subcontractor shall be licensed for the type of work they are performing.
Sub-Contractors Name: Address:
Description of Work:
CSLB Contractor License No. DIR Registration No.
Phone No. Dollar Amount of Work & % of Work
Reyes & Sons Electric Sylmar, CA 817091 1000003506 818-365-2030 Only labor for installation $66,690 1%
34 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
TrueLine Construction & Surfacing Riverside , CA Resurface all the courts 662625 1000006579 951-817-0777 $65,770 Installation of the fences and the gates Deco Fence La puente, CA 1066302 1000663649 626-269-0891 $130,574 20% 1%
35 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)
36 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.
X
x
x
Nick Sammadi President Concept Consultant, Inc. 1/23/2025
37 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.” Concept Consultant, Inc. 1000008410 6/30/2025 X
Concept Consultant, Inc. Nick Sammadi 1/23/2025
38 N. FLEET COMPLIANCE CERTIFICATION
The California Air Resources Board (“CARB”) implemented amendments to the In-Use OffRoad Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.
INSTRUCTIONS TO BIDDERS
COMPLIANCE WITH CARB REGULATIONS
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Reported Compliance (“CRC”) for the Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles) . Bidder must complete and submit the Fleet Compliance Certification, on the form included in the bid package. Failure to provide a valid CRC for the Bidder’s fleet, and for the fleets of all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.
Fleet Compliance Certification.
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
39 The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Bidder:_________________________________________________
Signature: __________________________________________________
Name: __________________________________________________
Title: __________________________________________________
Date: __________________________________________________
Concept Consultant, Inc. Nick Sammadi President 1/23/2025
1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity
ADDENDUM No. 1
CIP 619 – Kelly Court Renovations
DATE: 01/16/2025
TO: All Prospective Bidders
Please note the following changes and/or additions to the Notice Inviting Bids and Plans for the project indicated above.
1. Response to Questions
1. Per KN9/LC-1, it is stated that the (E) Chain-Link fabric is to be removed and replaced with (N) Fabric. Please provide the Height of the (E) Fencing? A. Per CN 6/LC-1, Refer to Detail '1', Sheet LC-3. Per Note 6/LC-3/Detail '1': 8' tall, open mesh windscreen, 600 series, shall be attached to the inside face of chain link fence fabric per manufacturer details and specifications. Color shall be obsidian black. Screen is available from fence screen at 808-511-9795, or an approved equal. Per CN 9/lC3/detail 2, 10 ft high chain link fence - refer to detail '1', sheet lC-4.
Detail 2 on LC-3 shows Pickle Ball Courts Detail, providing Construction Notes 8 and 9 for the locations of 4' and 10' fencing.
2. Per KN8/LC-1, it is stated that there is to be (N) Chain-Link Fencing across the North Side. Please confirm this Fencing is to also be 10' H.
A. Per CN 6/LC-1, Refer to Detail '1', Sheet LC-3. Per Note 6/LC-3/Detail '1': 8' tall, open mesh windscreen, 600 series, shall be attached to the inside face of chain link fence fabric per manufacturer details and specifications. Color shall be obsidian black. Screen is available from fence screen at 808-511-9795, or an approved equal. Per CN 9/LC3/Detail 2, 10 ft high chain link fence - refer to detail '1', SHEET LC-4.
Detail 2 on LC-3 shows Pickle Ball Courts Detail, providing Construction Notes 8 and 9 for the locations of 4' and 10' fencing.
1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity
3. Where can staging and storage of materials be located for this project? A. Labor team can park in the parking lot outside of the courts; however, construction materials and items must be stored on the project site/property within the enclosed fenced-in courts.
4. Do we need to provide notice to residents and is there is City Template? A. Yes, the Contractor shall provide a notice to residents within a specified radius of the project site. The City will provide a Template for the Notices.
5. When does the City expect this project to start?
A. With processing, the earliest approximate time to start would be around 2 months after opening and awarding the Bid (approx. March 2025).
6. Lights and Windscreen may have a long lead time; how do we work within 40- working days if it takes 4+ months for the products to be delivered? A. Start time may be delayed aligning with the arrival of the products; however, the lead time shall fall within the 40-working day schedule.
The manufacturer provided in the Technical Specification confirmed the lead time is approximately 2 months.
7. What is the scope of work for the Northwest fencing adjacent to Clark Field? There is no Keynote callout. Also, is there windscreen on the New Interior 10' Fencing, or is it only on the exterior fencing? Please see attached.
A. The scope of work for the Northwest fencing adjacent to Clark Field includes the construction of a Curb with a 10-ft Chain-link Fence & 8-ft Windscreen. On the Kelly Court Renovations Construction Plan:
i. Refer to Construction Note No. 8: Curb with Chain-link Fence - Refer to Detail '3', Sheet LC-4
ii. Per Note 1 on Detail '3', Sheet LC-4: Fence Post and Fabric Per Detail '1', This Sheet'
iii. Per Detail '1', Sheet LC-4: 10-ft Chain-link Fence with 8-ft Windscreen
1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity
8. Drawing LC-1 Construction Legend item #9: Should the posts and the rails both to be protected or only posts shall remain and be protected? A. Refer to the Kelly Courts Construction Plan for Fence Locations and Location of Windscreen (Windscreen to be added to fencing except where noted 'NO WINDSCREEN') The location of the Windscreen on the new 10-foot Chain-link Fence is to be on the Existing & Proposed Exterior Fencing, as well as Fencing between Basketball and Tennis/Basketball (See Construction Note 4 on Sheet LC-1). i. Per Detail '1', Sheet LC-4: 10-ft Chain-link Fence with 8-ft Windscreen
ii. Black Vinyl Chain Link (2" Mesh) with Windscreen
iii. Per Technical Provisions Section 323113 - Chain Link Fences and Gates, 2.4 Chain-Link Fence Fabric
9. What material is going to go at the surface finishing courts? A. Please refer to the Kelly Courts Construction Plans and Technical Provisions for the details of the court surface materials. i. Per Notes on Sheets LC-2 & LC-3, the Basketball, Pickleball and Tennis Courts shall use 'Sportsmaster' paint, or approved equal, for resurfacing the courts.
ii. Refer to Technical Provisions Division 32 - Exterior Improvements
10.I would like to ask whether specific measures for erosion control or soil erosion need to be implemented for this particular project, or if you have only mentioned general compliance with regulations. My next question is whether there are any cracks on the finished surface of the playgrounds, and what provisions have been made to address them. Finally, I want to know if the surface of the playgrounds that is to be scraped has a specific material thickness in mind, or if you are only considering scraping off the paint.
A. Please refer to Sheet C-6.1 on the Kelly Court Renovations Construction Plan for Erosion Control parameters. For cracks on the courts, refer to Sheets LC-2 & LC-3 on the Kelly Court Renovations Construction Plan for Erosion Control parameters. For removing surfaces of the courts, refer to Sheets C-3.1 & C-3.2 for the Demolition Plan.
ADDENDUM ISSUED BY: _____________________________________ Laney Wilson, Project Manager
1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity
ACKNOWLEDGEMENT OF ADDENDUM No. 1
CIP 619 – Kelly Court Renovations
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your bid. Failure to do so may result in disqualification of your firm’s bid.
The undersigned acknowledges receipt of Addendum No. 1 dated Jan 16, 2025.
ATTEST: _____________________________________
Principal: _____________________________________
Address: _____________________________________
By: _____________________________________
Title: _____________________________________
1220 Manning Ave. # 13 Los Angeles, CA 90024 Nick Sammadi President Concept Consultant, Inc.
U. S. A. 9 2 6 6 0
NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California Know what'sbelow.
Call before you dig.
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R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 12/10/24 12/10/24 Page 1498 of 1852 EB xx
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R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 12/10/24 12/10/24 Page 1499 of 1852 EB xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx
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U. S. A. 9 2 6 6 0
NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California Know what'sbelow.
Call before you dig.
R
C I T Y O F H E R M O S A B E A C H , C A
1 9 0 7N
0'
SCALE: 1" = 10'
5' 10' 20' 40'
CONSTRUCTION LEGEND
4 10' HIGH BLACK VINYL COATED CHAINLINK FENCE - REFER TO DETAIL '1', SHEET LC-4 5 4' HIGH BLACK VINYL COATED CHAINLINK FENCE - REFER TO DETAIL '2', SHEET LC-4
BLACK VINYL COATED CHAINLINK FENCE SINGLE SWING GATE - REFER TO DETAIL 1, SHEET LC-3
6 BLACK VINYL COATED CHAINLINK FENCE DOUBLE SWING GATE - REFER TO DETAIL 1 , SHEET LC-3
7 8
PICKELBALL COURT - REFER TO DETAIL 2, SHEET LC-3.
TENNIS COURT - REFER TO DETAIL 1, SHEET LC-2
BASKETBALL COURT - REFER TO DETAIL 2, SHEET LC-2
CURB WITH CHAINLINK FENCE - REFER TO DETAIL '3', SHEET LC-4 1 2
3 1 1
2 3
3 9 EXISTING CHAINLINK FENCE - POST SHALL REMAIN AND BE PROTECTED,
ALL CHAIN LINK FABRIC SHALL BE REMOVED AND DISCARDED IN A LEGAL MANNER,
AND NEW BLACK VINYL CHAINLINK FABRIC WITH A WINDSCREEN SHALL BE
INSTALLED
1. CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT FOR THE
INSTALLATION OF ALL IMPROVEMENTS AS SHOWN ON THE DRAWINGS AND AS DESCRIBED IN THE SPECIFICATIONS.
2. CONTRACTOR SHALL REVIEW ALL EXISTING SITE CONDITIONS PRIOR TO SUBMITTING BID AND PRIOR TO COMMENCING INSTALLATION. IF ANY DISCREPANCIES EXIST, THEY
SHOULD BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE CITY'S AUTHORIZED REPRESENTATIVE.
3. DEVIATIONS BETWEEN THE DRAWINGS AND ACTUAL FIELD CONDITIONS SHALL BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE CITY'S AUTHORIZED REPRESENTATIVE.
4. COSTS INCURRED DUE TO REPAIR, RESTORATION, OR REPLACEMENT OF EXISTING IMPROVEMENTS WHICH ARE DESIGNATED "TO BE PROTECTED" OR "TO REMAIN" WHICH
ARE DAMAGED AS A RESULT OF CONSTRUCTION OPERATIONS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR.
5. UNLESS DESIGNATED ON THE DRAWINGS OTHERWISE, ALL MATERIALS DESIGNATED FOR REMOVAL SHALL BE DISPOSED OF OFF-SITE.
6. HARDSCAPE AND STRUCTURAL ELEMENTS SHALL BE PLACED PER GEOTECHNICAL SOILS REPORT. IF SUCH REPORT IS UNAVAILABLE, CONTRACTOR SHALL DISCUSS PLACEMENT ON SUITABLE GRADE WITH THE CITY'S AUTHORIZED REPRESENTATIVE.
7. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND STAKING ALL SEWER, WATER
AND UTILITY LINES ABOVE OR BELOW GRADE THAT MIGHT BE DAMAGED AS A RESULT OF CONSTRUCTION OPERATIONS. CONTRACTOR SHALL ASSUME SOLE RESPONSIBILITY FOR
ANY COST INCURRED FOR REPAIR, RESTORATION, OR REPLACEMENT OF AFOREMENTIONED UTILITIES DAMAGED AS A RESULT OF CONSTRUCTION OPERATIONS.
8. ABANDONED PIPES SHALL BE CAPPED OR PLUGGED IN A MANNER APPROVED BY THE CITY'S AUTHORIZED REPRESENTATIVE.
9. CONCRETE INDICATED FOR SAWCUTTING AND REMOVAL SHALL BE CUT TO A TRUE LINE WITH NEATLY SAWED EDGES. IF A SAWCUT IS WITHIN THREE FEET (3') OF AN EXISTING
EXPANSION OR CONTROL JOINT, CONCRETE SHALL BE REMOVED TO THAT NEAREST JOINT.
10. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS, MANUFACTURER'S CUT OR DATA SHEETS FOR APPROVAL PRIOR TO ORDERING MATERIALS. CONTRACTOR SHALL
FURNISH TO THE CITY'S AUTHORIZED REPRESENTATIVE A CERTIFICATE OF COMPLIANCE FOR SUCH FURNISHED MATERIALS.
11. UNLESS DESIGNATED ON THE DRAWINGS OTHERWISE, MATERIALS TO BE PURCHASED AND FURNISHED BY THE CONTRACTOR SHALL BE NEW.
12. RECOMMENDATIONS BY A STRUCTURAL ENGINEER SHALL TAKE PRECEDENCE FOR ALL SOIL CONDITIONS, MATERIALS, REINFORCEMENT, DIMENSIONS, AND SUBBASE.
13. ALL VINYL COATED CHAINLINK FENCE AND GATES SHALL RECEIVE A WINDSCREEN EXCEPT WHERE NOTED ON PLAN.
CONSTRUCTION NOTES
8 6
6 6
4 7
4 6
14 10
6 10 ELECTRICAL ENCLOSURE SHALL REMAIN AND BE PROTECTED 11 EXISTING LIGHTS - POST WITHIN PLAYING AREAS SHALL RECEIVE A 6 FOOT TALL SAFETY POLE PAD - SKU: SPP 6FT ROUND - AVAILABLE FROM WILLYGOAT OR APPROVED EQUAL.
DIAMETER SHALL BE DETERMINED PER FIELD VERIFICATION. COLOR SHALL BE DETERMINED BY CITY AUTHORIZED REPRESENTATIVE. REFER TO DETAIL 4, SHEET LC-4 FOR SPECIFICATION DETAIL.
12 EXISTING WALL TO REMAIN AND BE PROTECTED
13 BASKETBALL COURT LIMIT OF WORK
14 13
15 LIMIT OF WORK LINE
11 11 11
11 11 11
11 11
6 15
EXISTING GATE SHALL RECEIVE NEW CHAINLINK VINYL COATED FABRIC AND WINDSCREEN 14 14
14 12
12 9 9 9
9 9
9 ADA PARKING STALLS - REFER TO CIVIL PLANS
5 9
9 4 NO WINDSCREEN
NEW CONCRETE ADA
CONCRETE PATH AND
RAMP PER CIVIL PLANS
NO WINDSCREEN
NO WINDSCREEN
9 12/10/24 12/10/24
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NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California Know what'sbelow.
Call before you dig.
R TENNIS COURT LAYOUT ENLARGEMENT 1 SCALE: NTS
BASKETBALL COURT ENLARGEMENT 2 SCALE: NTS
1. BASKETBALL BACKBOARD, UPRIGHT, RING & NET SHALL BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS.
EQUIPMENT AVAILABLE FROM COAST RECREATION, INC, 714-619-0100 OR AN APPROVED EQUAL
2. CONTRACTOR SHALL USE SPORTMASTER OR APPROVED EQUAL COLOR COATING SYSTEM TO FILL/PATCH CRACKS, RESURFACE, AND PAINT BASKETBALL COURTS.
3. CONTRACTOR SHALL PAINT COURT AS SHOWN USING 'SPORTMASTER' PAINT OR APPROVED EQUAL. COLOR OF PAINT SHALL BE FOREST GREEN AND BLUE. REFER TO PLAN FOR LOCATIONS OF EACH.
4. CONTRACTOR SHALL PAINT LINES WITH 'TEXTURED' WHITE LINE PAINT.
5. PAINTS ARE AVAILABLE FROM SPORT MASTER SPORT SURFACES800-395-7325 OR AN APPROVED EQUAL.
6. CONTRACTOR SHALL PROVIDE COLOR SAMPLES TO ENGINEER FOR REVIEW & APPROVAL PRIOR TO CONSTRUCTION.
ALL WORK PERTAINING TO PAINTING SHALL BE PER MANUFACTURER'S SPECIFICATIONS.
7. ALL EXISTING CONCRETE PAVING SHALL BE RESURFACED AND ALL CRACKS SHALL BE FILLED/PATCHED PER SPECIFICATIONS. NO PAINT SHALL BE ADDED TO EXISTING CONCRETE OUTSIDE OF BASKETBALL PLAYING SURFACE.
BASKETBALL PLAYING SURFACE SHALL RECEIVE PAINT PER PLAN.
8. EXISTING COURT PAINT AND STRIPING SHALL BE STRIPPED WITH A SANDING/GRINDING OR HYDROBLASTING METHOD.
9. DIMENSIONS AND COLOR NOTED ON EACH COURT ARE A MIRROR IMAGE OF EACH OTHER .
10. EQ. DENOTES EQUAL. CL DENOTES CENTER LINE. TYP DENOTES TYPICAL
11. COURTS ARE DRAWN TO BE HIGH SCHOOL STANDARD, IF ANY DISCREPANCIES SHOULD ARISE, FOLLOW HIGH SCHOOL BASKETBALL STANDARDS DIMENSIONS.
12. EXISTING BACKBOARD UPRIGHTS AND FOOTINGS SHALL BE REMOVED AS PART OF THE DEMOLITION PROCESS.
CONTRACTOR SHALL BACKFILL AND COMPACT THE VOID TO 95% WITH STRUCTURAL SOIL AND FINISH TO SURFACE PER DETAIL 2, SHEET C-7.2.
13. CONTRACTOR SHALL PROVIDED LAYOUT DIMENSIONS TO CITY AUTHORIZED REPRESENTATIVE FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION.
CONCRETE PAVING PAINT COLOR SHALL BE: FOREST GREEN
CONCRETE PAVING PAINT COLOR SHALL BE: BLUE
EXISTING CONCRETE PAVING- REFER TO NOTES
PROPOSED 10' HIGH CHAINLINK FENCE - REFER TO DETAIL '1', SHEET LC-4
FENCE PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1.
BISON, BASKETBALL PACKAGE MODEL# PR75 OR APPROVED
EQUAL, INSTALL PER MANUFACTURER SPECS, DETAIL, AND
GUILDLINES. PACKAGE INCLUDES POLE, BACKBOARD, RIM.
BASKETBALL NET SHALL BE MODEL BA 50, PREMIUM STEEL
PLAYGROUND SAFETY NET. POLE SHALL RECEIVE POLE
PADDING MODEL # BA700PP COLOR SHALL BE DETERMINED BY
CITY REPRESENTATIVE.
'TEXTURED' WHITE LINE PAINT REFER TO NOTES AND
SPECIFICATIONS
NOTES: 1
2 3
4 5
6 7
8 9 GATE PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1.
4 1
3 3
2 3 3
2 6
2 2
3 4
℄
CONCRETE PAVING PAINT COLOR SHALL BE: FOREST GREEN
CONCRETE PAVING PAINT COLOR SHALL BE: BLUE
EXISTING CONCRETE PAVING- REFER TO NOTES
PROPOSED 10' HIGH CHAINLINK FENCE - REFER TO DETAIL '1', SHEET LC-4 PROPOSED CHAINLINK FENCE SINGLE GATE - REFER TO DETAIL '1', SHEET LC-3 BISON MODEL # TN10 - TENNIS SYSTEM - INCLUDES NET, POSTS, CENTER
STRAP AND ANCHOR INSTALL PER MANUFACTURER DETAILS
'TEXTURED' WHITE LINE PAINT- REFER TO TENNIS COURT PLAYING LINE
LAYOUT PLAN BELOW
1 2
3 4
5 6
7 8
9 10
NOTES:
1. CONCRETE COLOR SHALL BE AS NOTED.
2. TENNIS POST, NET, AND CENTER STRAP ANCHOR SHALL BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS.
2. CONTRACTOR SHALL USE SPORTMASTER OR APPROVED EQUAL COLOR COATING SYSTEM TO FILL/PATCH CRACKS, RESURFACE, AND PAINT TENNIS COURTS.
3. CONTRACTOR SHALL PAINT COURT AS SHOWN USING 'SPORTMASTER' PAINT OR APPROVED EQUAL. COLOR OF PAINT SHALL BE FOREST GREEN AND BLUE. REFER TO PLAN FOR LOCATIONS OF EACH.
4. CONTRACTOR SHALL PAINT LINES WITH 'TEXTURED' WHITE LINE PAINT.
5. PAINTS ARE AVAILABLE FROM SPORT MASTER SPORT SURFACES 800-395-7325 OR AN APPROVED EQUAL.
6. CONTRACTOR SHALL PROVIDE COLOR SAMPLES TO ENGINEER FOR REVIEW & APPROVAL PRIOR TO CONSTRUCTION. ALL WORK PERTAINING TO PAINTING SHALL BE PER MANUFACTURER'S SPECIFICATIONS.
7. EXISTING COURT PAINT AND STRIPING SHALL BE STRIPPED WITH A SANDING/GRINDING OR HYDROBLASTING METHOD.
8. TENNIS COURT SHALL BE CONSTRUCTED FOR A DOUBLES AND SINGLES COURT.
9. EXISTING TENNIS COURT POST, ANCHORS AND FOOTINGS SHALL BE REMOVED AS PART OF THE DEMOLITION PROCESS. CONTRACTOR SHALL BACKFILL AND COMPACT THE VOID TO 95% WITH STRUCTURAL SOIL AND FINISH TO SURFACE PER DETAIL 2, SHEET C-7.2.
10. CONTRACTOR SHALL PROVIDED LAYOUT DIMENSIONS TO CITY AUTHORIZED REPRESENTATIVE FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. 11 CHAINLINK FENCE AND WALL PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1. 6 8
7 8
10 12
11 13
3 2
4 4
1 12
5 5
12 PROPOSED CHAINLINK FENCE DOUBLE GATE - REFER TO DETAIL '1', SHEET LC-3 CHAINLINK FENCE PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1. 13 GATE PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1.
LIGHT POLES SHALL REMAIN AND BE PROTECTED. ALL LIGHT POLES WITHIN THE
BASKETBALL AREA SHALL RECEIVE A PROTECTIVE PAD PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1.
3 4
10 EXPANSION JOINT PER CIVIL PLANS
9 9
8 8
8 8
8 9
9 LIGHT POLES SHALL REMAIN AND BE PROTECTED. ALL LIGHT
POLES WITHIN THE BASKETBALL AREA SHALL RECEIVE A
PROTECTIVE PAD PER LANDSCAPE CONSTRUCTION PLAN
SHEET LC-1.
10 7
7 7
7 4 4
℄
14 REFERENCE LINE ONLY- COURT PLAY AREAS
14 14
14 14
1 1
1 C I T Y O F H E R M O S A B E A C
A C , H
1 9 0 7N
5 6
6 TYP.
TYP.
TYP.
TYP.
TYP.
TYP.
TYP.
9 TYP. TYP.
TYP.
TYP.
TYP.
TYP.
TYP.
℄
9 ELECTRICAL CABINET TO REMAIN AND BE PROTECTED
12/10/24 12/10/24
xx xx xx xx xx xx xx xx xx xx
U. S. A. 9 2 6 6 0
NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California Know what'sbelow.
Call before you dig.
R
C I T Y O F H E R M O S A B E A C
A C , H
1 9 0 7N
PICKLEBALL COURT 2 SCALE: NTS
CONCRETE PAVING PAINT COLOR SHALL BE: FOREST GREEN
CONCRETE PAVING PAINT COLOR SHALL BE: BLUE
EXISTING CONCRETE PAVING- REFER TO NOTES
REFERENCE LINE ONLY- COURT PLAY AREAS
10 FT HIGH CHAINLINK FENCE - REFER TO DETAIL '1', SHEET LC-4 CHAINLINK FENCE GATE SINGLE PEDESTRIAN - REFER TO DETAIL '1', THIS SHEET BISON MODEL # PK10XL - PICKLEBALL SYSTEM - INCLUDES NET,
POSTS, CENTER STRAP AND ANCHOR
'TEXTURED' WHITE LINE PAINT
1 2
3 4
5 6
7 8
9 10 CHAINLINK FENCE ON CURB - REFER TO DETAIL '3', SHEET LC-4 4 FT HIGH CHAINLINK FENCE - REFER TO DETAIL '2', SHEET LC-4 NOTES:
1. CONCRETE COLOR SHALL BE AS NOTED.
2. PICKLEBALL POST, NET, AND CENTER STRAP ANCHOR SHALL BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS.
3. CONTRACTOR SHALL USE SPORTMASTER OR APPROVED EQUAL, COLOR COATING SYSTEM TO FILL/PATCH CRACKS, RESURFACE, AND PAINT PICKLEBALL COURTS.
4. CONTRACTOR SHALL PAINT COURT AS SHOWN USING 'SPORTMASTER' PAINT OR APPROVED EQUAL. COLOR OF PAINT SHALL BE FOREST GREEN AND BLUE. REFER TO PLAN FOR LOCATIONS OF EACH.
5. CONTRACTOR SHALL PAINT LINES WITH 'TEXTURED' WHITE LINE PAINT.
6. PAINTS ARE AVAILABLE FROM SPORT MASTER SPORT SURFACES 800-395-7325 OR AN APPROVED EQUAL.
7. CONTRACTOR SHALL PROVIDE COLOR SAMPLES TO ENGINEER FOR REVIEW & APPROVAL PRIOR TO CONSTRUCTION. ALL WORK PERTAINING TO PAINTING SHALL BE PER MANUFACTURER'S SPECIFICATIONS.
8. CONTRACTOR TO REPLACE/FILL CONCRETE HOLES FROM DEMOLISHED POLES AND CENTER ANCHOR AND TREAT PER SPORTMASTER SPECIFICATIONS.
9. EXISTING COURT PAINT AND STRIPING SHALL BE STRIPPED WITH A SANDING/GRINDING OR HYDROBLASTING METHOD.
10. REFER TO CONSTRUCTION PLAN FOR DIRECTION PERTAINING TO FENCE AND GATES
11. EXISTING PICKLEBALL COURT POST, ANCHORS AND FOOTINGS SHALL BE REMOVED AS PART OF THE DEMOLITION PROCESS. CONTRACTOR SHALL BACKFILL AND COMPACT THE VOID TO 95% WITH STRUCTURAL SOIL AND FINISH TO SURFACE PER DETAIL 2, SHEET C-7.2 AND SHEET C-7.2.
12. CONTRACTOR SHALL PROVIDE LAYOUT DIMENSIONS TO CITY AUTHORIZED REPRESENTATIVE FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION.
13. EXCEPT WHERE NOTED OTHERWISE, ALL 10' HIGH FENCE SHALL RECEIVE A WINDSCREEN. 5 8
1 6
6 3
2 4
4 7
10 9
7 11 EXISTING CHAINLINK FENCE AND WALL
11 9
℄
MINIMUM
MINIMUM 10'-0" 6'-8" EQ. 2" CLR
18"
NOTES:
3. 2.
1. 5' 3"
18" 5' 3"
10 9
8 7
4'-0" EQ.
4 6
5 3
2 8
LEGEND:
1 POSTS: POSTS 3-1/2 IN. O.D. WITH 18 IN. DIA.
X 5 FT. FOOTINGS. HEIGHT OF POST VARIES
PER CONSTRUCTION AND STAKING PLAN.
GATE FRAMES: TOP, BOTTOM, AND SIDE
MEMBERS 2- 3/8 IN. O.D., MID RAIL 1-5/8" O.D.
MITER GATE FRAME CORNERS WELD AND
GRIND SMOOTH.
FABRIC: 6 GAUGE, 2 IN. MESH, BLACK VINYL
COATED, KNUCKLE TOP AND BOTTOM
HINGES: INDUSTRIAL BULLDOG HINGE
(180°SWING), 2 HINGES PER GATE, ONE AT
TOP AND BOTTOM FOR SINGLE PEDESTRIAN
AND 4 HINGES PER GATE, EQUALLY SPACED
FOR DOUBLE VEHICULAR.
STRETCHER BAR: 3/16 X 3/4 IN. WITH
1/8 X 1 IN. TENSION BANDS AT 12" O.C.
TIE WIRES: 11 GAUGE AT 1'-6" O.C. AT
GATE FRAME TOP, BOTTOM AND MID
RAILS
POST CAPS SHALL BE MALLEABLE
IRON OR PRESSED STEEL.
CAST ALUMINUM FORK WITH
LOCKABLE LATCH.
FINISH SURFACE OR GRADE PER
CONSTRUCTION AND LAYOUT PLANS.
CONTRACTOR SHALL PURCHASE, SUPPLY, AND PROVIDE MASTERLOCK, CHAIN AND KEYS TO ENGINEER FOR EACH SET OF GATES. LOCKS SHALL BE KEYED FOR SAME KEY.
DOUBLE VEHICULAR GATES SHALL RECEIVE A 5/8" DIA. GALVANIZED DROP ROD WITH 3/4" DIA. SCH. 40 GALVANIZED STEEL SLEEVE CENTERED BETWEEN GATES. SLEEVE SHALL BE SET INTO 6" SQUARE X 12" DEEP CONCRETE FOOTING FOR ROD. 5' 3" 5' 3" 18" 2" CLR
18"
SINGLE PEDESTRIAN GATE
DOUBLE VEHICULAR GATE
TRUSS ROD: 3/8 IN DIA. THREADED AT BOTH
ENDS AND TENSIONED WITH TWO AT 1'-0"
O.C. INDUSTRIAL TRUSS TIGHTENERS
SECURED TO GATE FRAME.
11 UNDISTURBED NATIVE GRADE OR
CERTIFIED COMPACTED SUBGRADE
TO 95% COMPACTION.
1 1
2 4 3
5 6
7 9
10 11
CHAIN LINK FENCE MATERIALS SHALL CONFORM TO THE CHAINLINK FENCING SECTION OF SPECIFICATIONS.
4. ALL METAL HARDWARE SHALL BE GALVANIZED.
8 CONCRETE FOOTINGS SHALL BE ALLOWED TO SET FOR SEVEN DAYS PRIOR TO INSTALLATION OF GATES.
5. 5"-0" 5"-0"
REFER TO SINGLE GATE
ABOVE AND NOTES HEREON
FOR MATERIALS 10'-0" 6'-8" EQ. EQ.
8' TALL, OPEN MESH WINDSCREEN, 600 SERIES,SHALL BE ATTACHED TO THE INSIDE
FACE OF CHAIN LINK FENCE FABRIC PER MANUFACTURER DETAILS AND SPECIFICATIONS. COLOR SHALL BE OBSIDIAN BLACK. SCREEN IS AVAILIABLE FROM FENCE SCREEN AT 808-511-9795, OR AN APPROVED EQUAL.
6. CHAINLINK GATES
SINGLE AND DOUBLE
1 SCALE: NTS
℄
5 5 5
5 5
7 4' DIMENSION
DENOTES OPEN
GAP BETWEEN
COURTS, BOTH
SIDE
FACE OF CURB
REFERENCE FROM FENCE LINE ALIGN ALIGN
NO WINDSCREEN
NO WINDSCREEN
10 12/10/24 12/10/24
U. S. A. 9 2 6 6 0
NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California Know what'sbelow.
Call before you dig.
R
GENERAL CONSTRUCTION DETAIL NOTES
1. THE FOLLOWING NOTES APPLY TO ALL DETAILS AS SHOWN IN THIS SET OF DOCUMENTS, UNLESS OTHERWISE NOTED.
2. FOR ADDITIONAL INFORMATION REFER TO CONSTRUCTION AND GRADING NOTES.
3. REFER TO CONSTRUCTION LEGEND FOR INFORMATION RELATIVE TO COLOR, TYPE AND FINISH.
4. UNLESS OTHERWISE NOTED, NEW FINISH SURFACE SHALL BE FLUSH WITH ADJACENT EXISTING SURFACES.
5. FINISH GRADE: 1" BELOW FINISH SURFACE ADJACENT TO TURF AND 2" BELOW ADJACENT TO NON-TURF AREAS.
6. FINAL LOCATION OF CONSTRUCTION ELEMENTS, DRAINAGE DEVICES, SITE
AMENITIES, IRRIGATION EQUIPMENT, AND PLANT MATERIAL MAY REQUIRE
ADJUSTMENT DUE TO FIELD CONDITIONS AND SHALL BE APPROVED PRIOR TO CONSTRUCTION.
7. CONTRACTOR SHALL VERIFY ALL MATCHING MATERIALS AND COLORS PRIOR TO PURCHASE AND INSTALLATION. CONTRACTOR SHALL NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO INSTALLATION.
10 FT CHAINLINK FENCE
SCALE: NTS
4 FT CHAINLINK FENCE
SCALE: NTS 4'
1 2
RETAINING CURB WITH FENCE
SCALE: NTS
FENCE POST AND FABRIC
PER DETAIL '1', THIS SHEET
1 2
3 RETAINING CURB PER
CIVIL DRAWINGS
FENCE POST CONCRETE
FOOTING
1 2
3 4 GALVANIZED STEEL
SLEEVE WITH POR-ROK
BACKFILL
4 3
CONCRETE PAVING
EXISTING COURT
SURFACE
6 FT SAFTEY POLE PAD 4 SCALE: NTS
1. COLOR SHALL BE
DETERMINED BY A
CITY AUTHORIZED
REPRESENTATIVE.
2. DIAMETER SHALL
BE DETERMINED
BY SIZE OF POLE
PER FIELD
VERIFICATION.
NOTE
1. REFER TO THE CONSTRUCTION PLAN FOR FENCE
LOCATIONS AND LOCATIONS OF WINDSCREEN.
2. PROVIDE KNUCKLE FISH AT TOP AND BOTTOM OF
CHAINLINK FENCE.
NOTE
1. REFER TO THE CONSTRUCTION PLAN FOR FENCE
LOCATIONS AND LOCATIONS OF WINDSCREEN.
2. PROVIDE KNUCKLE FISH AT TOP AND BOTTOM
OF CHAINLINK FENCE.
5' O.C MAX, SPACE EQUALLY 5' O.C MAX, SPACE EQUALLY
10' O.C MAX, SPACE EQUALLY 10' O.C MAX, SPACE EQUALLY
12/10/24 12/10/24
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xx
xx xx xx xx xx xx xx xx xx xx xx xx xx
xx xx xx xx xx
xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx Underground Service Alert of Southern California Know what'sbelow. Call before you dig. R C I T Y O F H E R M O S A B E A C H , C A 1 9 0 7N 0' SCALE: 1" = 10' 5' 10' 20' 40'
LIMIT OF WORK LINE
12/10/24 12/10/24
Underground Service Alert of Southern California Know what'sbelow. Call before you dig. R 12/10/24 12/10/24 Page 1513 of 1852 Underground Service Alert of Southern California Know what'sbelow. Call before you dig. R 12/10/24 12/10/24 Page 1514 of 1852 Underground Service Alert of Southern California Know what'sbelow. Call before you dig. R 12/10/24 12/10/24 Page 1515 of 1852 Underground Service Alert of Southern California Know what'sbelow. Call before you dig. R 12/10/24 12/10/24 Page 1516 of 1852 1 CITY OF HERMOSA BEACH CONTRACT
DOCUMENTS AND SPECIFICATIONS FOR
CIP No. 619
Kelly Courts Renovations
December 2024
2 City of Hermosa Beach
NOTICE INVITING BIDS
Notice is hereby given that the City of Hermosa Beach will receive electronic bids until 2:00 PM on Thursday, January 23, 2025, 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. 619 Kelly Courts Renovations.
A pre-bid meeting will be held at 11:00 AM on Tuesday, January 14, 2025; at the Kelly Courts at 861 Valley Drive, Hermosa Beach, CA 90254. The City will respond to questions from prospective Bidders at that time.
The project includes, but is not limited to, renovating the existing pickleball, tennis and basketball courts, collectively identified as Kelly Courts. The project involves demolishing and replacing existing structures such as perimeter walls, fencing, lighting, court surfaces, and play equipment. New construction will include curb walls, concrete slabs, sidewalks, asphalt pavement, court resurfacing, and the installation of modern fencing, lighting, electrical systems, and play equipment; and other related work to complete the work per project’s plans and specifications at the Kelly Courts, located at 861 Valley Drive, Hermosa Beach, CA 90254.
The engineer’s cost estimate for the project is $650,000. License requirement is a valid State of California Contractors License Class “A” license.
The duration of the project is 40 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
3 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.
Please submit any questions related to this bid on Planet Bids portal no later than 2:00PM on Thursday, January 16, 2025.
4 TABLE OF CONTENTS
CIP NO. 619 Kelly Courts Renovations
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 ............................................................................................................................................... 21 D. BIDDER'S ASSURANCE ...................................................................................................................... 24 E. BIDDER'S DECLARATION ................................................................................................................. 25 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS ............................................. 27 G. CERTIFICATION OF PRINCIPAL .................................................................................................... 28 H. DECLARATION OF ELIGIBILITY TO CONTRACT ...................................................................... 29 I. NON-COLLUSION DECLARATION ................................................................................................... 30 J. REFERENCES OF WORK .................................................................................................................... 31 K. SUBCONTRACTORS LIST.................................................................................................................. 33 L. IRAN CONTRACTING ACT CERTIFICATION ............................................................................... 36 M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION .................................... 37 N. FLEET CERTIFCATION FORM……………………………………………………………………..38 V. CONTRACT DOCUMENTS……………………………………………………………………………… 40
A. CONTRACT AGREEMENT ................................................................................................................. 41 B. AGREEMENT OF INDEMNIFICATION ........................................................................................... 59 C. EQUALS .................................................................................................................................................. 60 D. FAITHFUL PERFORMANCE BOND ................................................................................................. 61 E. PAYMENT BOND (LABOR AND MATERIALS) .............................................................................. 66 F. GUARANTEE TO THE CITY OF HERMOSA BEACH .................................................................... 70 G. GENERAL COMPREHENSIVE LIABLITY ADDITONAL INSURED
ENDORSEMENT………………………………………………………………………………………71
H. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT ................................... 73 I. INSTRUCTIONS FOR COMPLETING, EXECUTING, AND SUBMITTING EVIDENCE OF INSURANCE TO THE OWNER ............................................................................................................... 75 J. WORKER'S COMPENSATION INSURANCE CERTIFICATE ....................................................... 77 K. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL ............................... 78 L. W9 FORM................................................................................................................................................ 79 VI. TECHNICAL PROVISIONS………………………………………………………………………….TP-1 VII. SPECIAL PROVISIONS……………………………………………………………………………..SP-1 EXHIBIT “A” – SHEDULE OF PERFORMSNCE ………………………………………………. SP-33 EXHIBIT “B”- SOLID WASTE REPORTING……………………………………………………. SP-34 EXHIBIT “C”- CONSTRUCTION NOTICE TEMPLATE………………………………………..SP-36 EXHIBIT “D”- HAUL ROUTES…………………………………………………………………….SP-37
5 City of Hermosa Beach
CIP NO. 619 KELLY COURTS RENOVATIONS
I. PROJECT DESCRIPTION AND UNDERSTANDING
The City of Hermosa Beach is seeking proposals to renovate the existing pickleball, tennis and basketball courts, collectively identified as Kelly Courts. Work generally consists of demolishing existing perimeter curb wall and foundation, removal of existing fence posts, fabric and windscreen material and gates, demolishing existing concrete improvements, removal of existing light poles and fixtures, removal of existing play fields posts, backboards, hoops and nets, removal of existing court surface material, construction of new curb wall with fence, installing new fence posts, vinyl-coated fabric, windscreen and gates, construction of new concrete slab, construction of new sidewalk and other concrete improvements, reconstruction of asphalt concrete pavement, installation of pavement striping, markings and new signs, installation of new light poles and fixtures, installation of new electrical conduits and conductors, resurfacing of courts and installation of new play courts’ posts, nets, backboards and hoops, and completion of other related and necessary work to complete the work per project’s plans and specifications. The project is scheduled to have a time frame of forty (40) working days for completion of work.
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: A pre-bid meeting will be held at 11:00 AM on Tuesday , January 14, 2025; at the Kelly Courts at 861 Valley Drive, Hermosa Beach, CA 90254. The City will respond to questions from prospective Bidders at that time.
Bid Documents: Bid Documents, including but not limited to specifications and proposal forms, will be available for download on Planet Bids Portal, accessible through the webpage at:
https://pbsystem.planetbids.com/portal/51313/bo/bo-search.
To the extent required by Section 20103.7 of the Public Contract Code, upon request from a Contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the Contractor plan room.
It is the responsibility of each prospective Bidder to download and print all bid documents for review and to verify the completeness of Bid Documents before submitting a bid. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the Bid Documents.
Questions: All questions regarding this bid shall be submitted through Planet Bids no later than 2:00 PM on Thursday, January 16, 2025. Proposers shall not contact City personnel or Elected Officials with any questions or clarifications concerning this Invitation for Bids other than through Planet Bids. Any City response for this Bid that is not posted through Planet Bids is unauthorized and will be considered invalid.
Submittal of Bids: Electronic bids shall be submitted through Planet Bids until 2:00 PM on Thursday, January 23, 2025; 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 14Contractor 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. Fleet Certification Form
O. 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.
9 Prevailing Wage: In accordance with the provisions of Section 1770 et seq., of the Labor Code, the Director of the Department of Industrial Relations of the State of California has ascertained the general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work. A copy of the determination is on file in the office of the City Clerk and is hereby incorporated herein and made a part hereof as though fully set forth herein.
A copy of the determination will be made available to any interested person upon request and shall be posted at the job site.
Overtime: As per Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
The Contractor shall pay overtime for each worker who works in excess of the legal working day.
Payment: Refer to the Contract Agreement for payment information. Contractor shall submit progress payment requests on City approved form.
Required Bonds: Prior to the execution of the Contract, the successful Bidder shall file with the City surety bonds in the amounts and for the purposes noted below. The surety insurer shall be a California admitted surety insurer, as defined in Code of Civil Procedure section 995.120. Contractor shall pay all premiums and costs thereof and incidental thereto.
Per Civil Code section 3247, a Payment Bond is required if the Contract is for more than $25,000.
The successful Bidder shall give three (3) surety bonds with good and sufficient sureties:
"Payment Bond – Labor and Materials" shall be so conditioned as to insure to the benefit of persons furnishing materials for or performing labor upon the work. Bond to be in the sum of not less than 100% of the Contract price to assure the claims of materialmen supplying materials to Contractor, and for payment to laborers and subcontractors employed on the project.
“Faithful Performance Bond" in the sum of not less than 100% of the Contract price to assure the faithful performance of the Contract; shall be conditioned as to assure the faithful performance by the Contractor of all work under said Contract, in a manner that is satisfactory and acceptable to the City; that all materials and workmanship supplied by him will be free from original or developed defects; and that should original or developed defects or failures appear, the Contractor shall, at his own expense, make good such defects and failures and make all replacements and adjustments required, within a reasonable time after being notified by the City to do so, and to the satisfaction of the City.
Rejection of Proposals: The City reserves the right to reject any and all proposals and to waive any minor or technical discrepancies or irregularities. Proposals may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.
Agents: When proposals are signed by an agent, other than the officer or officers of a corporation authorized to sign Contracts on its behalf or a member of a partnership, a "Power of Attorney" must be on file with the City prior to opening bids or shall be submitted with the proposal; otherwise, the proposal will be rejected as irregular and unauthorized.
10 Withdrawal of Proposals: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the City Engineer. The request shall be executed by the Bidder or their duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Bids are opened exactly at the time fixed in the public notice for opening bids. A bid will not be received after that time, nor may any bid be withdrawn after that time. No Bidder may withdraw his bid within ninety (90) days after the actual date of the opening thereof.
Insurance: Without limiting Contractor's indemnification, Contractor shall maintain in force at all times during the performance of this agreement the insurance provisions set out in the Contract Agreement.
City Business License and Permits: The successful Bidder shall obtain a valid City of Hermosa Beach Business License prior to commencing work under this Contract.
The successful Bidder will be required to obtain City Right of Way Permit to work in public right-of-way, issued at no fee for the project.
Increased or Decreased Quantities: The City reserves the right to increase, or decrease, or to entirely eliminate items or portions of items from work if found desirable or expedient.
Approximate Estimate: The quantities in the Bid Schedule are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond therewith. The Contractor shall verify in the field the accuracy of the estimated quantities.
Examination of Plans, Specifications, Contract, and Site of Work: The Bidder shall examine carefully the site of the work contemplated, the Plans and Specifications, and the proposal and Contract forms therefor. The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, Plans, Specifications, and the Contract.
Where the City may have made investigations of subsurface conditions in areas where work is to be performed under the Contract, such investigations are made only for the purpose of study and design. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the City as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the City Engineer.
The records of such investigations are not a part of the Contract and are shown solely for the convenience of the Bidder or Contractor. It is expressly understood and agreed that the City assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof and there is no warranty or guaranty, either expressed or implied, that the conditions indicated by such investigations or records thereof are representative of those existing throughout such areas, or any part thereof, or that unlooked for developments may not occur, or that materials other than, or in proportions different than these indicated, may not be encountered.
11 Bidders shall satisfy themselves by personal examination of the locations of the proposed work, and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Proposal forms. Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or his assistants (or the Architects or their assistants), shall not relieve the Bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the City.
If a prospective Bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, they may submit to the Engineer a written request for an interpretation or a correction thereof via Planet Bids. Interpretations or corrections of the Contract Documents including the Specifications and Drawings, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be uploaded on Planet Bids and such addendum shall be considered a part of and incorporated in the Contract Documents.
Relief of Bidders: If the Bidder claims a mistake was made in their bid, the Bidder shall give the City written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
Disqualification of Bidders: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered.
Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the Bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced due to mathematical errors may be rejected.
Award of Contract: The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all of the requirements prescribed. Such award, if made, will normally be made within in ninety (90) calendar days of the opening of the proposals.
If the lowest responsible Bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest responsible Bidder. If the second lowest responsible Bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible Bidder.
Execution of Contract: The Contract shall be signed by the successful Bidder and returned, together with the Contract bonds, insurance endorsements and certificates, and all other required documents within ten (10) business days after the Bidder has received notice of intent to award.
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
12 forfeiture of the proposal guaranty. The successful Bidder may file with the City Engineer a written notice, signed by the Bidder, or his authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to him. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time herein above prescribed.
Return of Proposal Guaranties: Within ten (10) business days after the award of the Contract to the lowest responsible Bidder, the City will return the proposal guaranties, other than Bidder's bonds, accompanying such of the proposals as are not to be further considered in making the award. Retained proposal guaranties will be held until the Contract has been finally executed, after which all proposal guaranties, except Bidder's bonds and any guaranties which have been forfeited, will be returned to the respective Bidders whose proposals they accompany.
Qualifications of Bidders: Each Bidder shall be skilled and regularly engaged in the general class or type of work called for under the Contract. A statement setting forth their experience shall be submitted by each Bidder on the References of Work form provided herein.
Each Bidder shall possess valid active Contractor’s License issued by the Contractor’s State License Board at the time their bid is submitted. The class of license shall be applicable to the work specified in the Contract. Each Bidder shall also have no less than five (5) years’ experience in the magnitude and the character of the work bid.
Pursuant to section 1103 of the Public Contract Code, City staff has determined that the following non-exhaustive experience is reasonably necessary to satisfactorily perform the public works Contract:
The Contractor shall have a minimum of five (5) projects of similar type of construction and magnitude with other public agencies within the past five (5) years.
The Contractor shall have been in the business under the same name and California Contractor’s License for a minimum of five (5) continuous years prior to the bid opening date for this project. The license used to satisfy this requirement shall be of the same type as that required by the Contract.
The Contractor shall perform above 50% of the Contract with its own forces.
Bidders must be thoroughly competent and capable of satisfactorily performing the work covered by the proposal. They shall have had project experience similar to the project scope of work. When requested, they shall furnish such statements relative to previous experience on similar work, the plan or procedure proposed, and the organization, machinery, plant, and other equipment available for the contemplated work, and the financial condition and resources of the Bidder, as may be deemed necessary by the City Engineer in determining such competence and capability.
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 s short and plain statement setting forth why Protester disputes the City Manager’s decision and the legal and factual basis for such dispute. Any person or entity may present a formal protest to the City with respect to solicitations being conducted by staff.
A Bidder whose bid has been protested by another Bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail to City Hall, 1315 Valley Drive, Hermosa Beach, California 90254, so that it is received by the City no later than seven calendar days after the protest has been served by the protesting Bidder.
1. Definitions
a. “Bidder” means any person or firm providing a timely, written response to the City solicitation.
b. “Bid Protest” means any protest with regard to the response submitted by another Bidder.
c. “Response” means the written response to the City solicitation provided by a person or firm.
d. “Solicitation Protest” means a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents, 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. 619 Kelly Courts Renovations
CONTRACTOR: Date: ___________________
TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:
The undersigned declares that he/she has carefully examined the location of the proposed work and that he/she has examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for:
CIP NO. 619 Kelly Courts Renovations
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.
The Contractor also certifies that he/she is registered with the Department of Industrial Relations.
All work shall be completed within forty (40) 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. 619 Kelly Courts Renovations
Item
No.
Estimated
Quantity
Unit Description of Work Unit
Price Total
1 1 LS
Mobilization and Demobilization
(5% max. of total bid schedule
cost)
$
2 1 LS Clearing, grubbing, removals
and demolition $
3 1 LS Erosion and sediment control $
4 1 LS Grading $
5 480 LF Sawcut existing concrete $
6 1 LS Relocate existing water valves
and fixtures $
7 25 LF Construction of 6” PCC
retaining curb $
8 100 LF Construction of 8” PCC
retaining curb $
9 121 LF Construction of PCC curb and
gutter $
10 580 SF Construct PPC concrete slab
extension $
11 668 SF Construct new 4’ thick PCC
sidewalk $
12 1 EA Install detectable warning panel $
13 280 LF Install new 10’ high vinylcoated fence with windscreen $ 14 125 LF Install new 10’ high vinyl-coated
fence without windscreen $
15 51 LF Install new 4’ high vinyl-coated
fence without windscreen $
16 545 LF Install new 10’ high vinyl-coated
fence fabric and windscreen $
17 5 EA Install new vinyl-coated single
gate with windscreen $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
19 (Total Bid in Figures)
______ _____________
Item
No.
Estimated
Quantity
Unit Description of Work Unit
Price Total
18 1 EA Install new vinyl-coated single
gate without windscreen $
19 1 EA Install new vinyl-coated double
gate with windscreen $
20 3 EA
Install vinyl-coated fabric and
windscreen for existing single
gate
$
21 1 EA
Install vinyl-coated fabric and
windscreen for existing double
gate
$
22 1 LS Paint and refurbish pickleball
courts $
23 1 LS Paint and refurbish tennis court $
24 1 LS Paint and refurbish basketball
courts $
25 1 LS Install pickleball court posts, net,
straps and anchor ( 4 sets) $
26 1 LS Install tennis court posts, net,
straps and anchor (1 set) $
27 1 LS
Install four (4) basketball
uprights, backboards, nets , rings
and paddings
$
28 1 LS Install Pavement Striping and
markings (parking lot) $
29 2 EA Install signage – including posts
and hardware (parking lot) $
30 8 EA Install light pole padding $
31 1 LS Install new Musco light poles
and luminaires $
32 1 LS
Install site electrical
conduits/conductors including
trenching, installation of pull
boxes, tie- in and installation of
time clocks.
$
33 1 LS Modify existing irrigation $
34 1 LS Modify existing irrigation and
plant sod $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
20 (Total Bid in Words)
_______ _____________
Contractor Name:
(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: __________________________________________
21 C. BID BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ________________________________, (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach and said work being: CIP NO. 619 Kelly Courts Renovations as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.
NOW, THEREFORE, we, the Contractor, as Principal, and
______________________ _______________________________ a corporation organized and existing under the laws of the State of _________________, duly authorized to transact business under the laws of the State of California as Surety, are held and firmly bound unto the City of Hermosa Beach, as Obligee, in the sum of
___________________________________ Dollars ($_______________) lawful money of the United States of America, said sum being not less than ten percent (10%) of the bid amount for the payment of which sum well and truly to be made, the said Principal, and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: If the bid of the said Principal is rejected by the said Obligee; or if the said Obligee shall accept the bid of the said Principal and said Principal shall enter into an Agreement with said Obligee in accordance with the terms of the bid, and shall give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Agreement and for the prompt payment of labor and material furnished in the prosecution thereof; or in the event of the failure of said Principal to enter such Agreement and give such bond or bonds, if said Principal shall pay to said Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which said Obligee may in good faith Contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the City of Hermosa Beach in successfully enforcing said obligation.
IN WITNESS THEREOF, we have hereunto, set our hands and seals this ___________ day of ______________________, ______. ...........
Principal
By
Title
22 Surety
By
Title
23 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
24 D. BIDDER'S ASSURANCE
CIP NO. 619 Kelly Courts Renovations
FROM:
Name of Bidder:
Business Address:
Telephone No:
TO:
Members of the City Council
c/o City Hall
City of Hermosa Beach, California
Members of the City Council:
Pursuant to your published Notice Inviting Bids for: CIP NO. 619 Kelly Courts Renovations
The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule.
BY: TITLE:
25 E. BIDDER'S DECLARATION
CIP NO. 619 Kelly Courts Renovations
It is understood and agreed that:
1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, Warranty Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions.
2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof.
3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal.
4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned.
The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents.
The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified and will complete said work within the time specified in the Bidding Schedule.
5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other Bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding.
6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the Owner after evaluation of the bids as submitted. The undersigned agrees that the Owner shall recover or retain as liquidated damages an amount equal to the difference between the low bid and amount of the bid of the Bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest Bidder in accordance with the provisions of the Public Contract Code section 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided.
7. This bid will not be withdrawn within a period of ninety (90) days after the date of its proper opening by the City.
26 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.
27 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP NO. 619 Kelly Courts Renovations
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.
We agree specifically:
1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
FIRM
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
28 G. CERTIFICATION OF PRINCIPAL
CIP NO. 619 Kelly Courts Renovations
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.)
Signature:
Name:
Title:
Name of Company:
29 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP NO. 619 Kelly Courts Renovations
The undersigned, a duly authorized representative of the Contractor, certifies and declares that:
1. The undersigned Contractor is aware of Section 1771.1 and 1777.7 of the California Labor Code, which prohibit a Contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.
2. The undersigned Contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.
3. The undersigned Contractor is aware of California Public Contract Code Section 6109, which states:
“(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a Contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a Contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.” “(b) Any Contract on a public works project entered into between a Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works Contract, and any public money that may have been paid to a debarred subcontractor by a Contractor on the project shall be returned to the awarding body. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.”
4. The undersigned Contractor has investigated the eligibility of each and every subcontractor the undersigned Contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of
, at (place of execution),
California.
Signature:
Name:
Title:
Name of Company:
30 I. NON-COLLUSION DECLARATION
CIP NO. 619 Kelly Courts Renovations
The undersigned declares:
I am the ___________________ of ______________________________, the party making the foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding.
The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].
NAME OF BIDDER
SIGNATURE OF BIDDER
ADDRESS OF BIDDER
CITY STATE ZIP
31 J. REFERENCES OF WORK
CIP NO. 619 Kelly Courts Renovations
Date: ________________
The following are the names, addresses and phone numbers/ email addresses for at least three public agencies for which Bidder has performed similar work within the past five years.
All contact information must be current.
________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
___________________________________ ___________________________________ Contract Amount Date Completed
_________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
________________________________ _____________________________________ Contract Amount Date Completed
32 _________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
__________________________________ ____________________________________ Contract Amount Date Completed
_________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
_________________________________ ____________________________________ Contract Amount Date Completed
For additional References, please add separate sheets.
33 K. SUBCONTRACTORS LIST
CIP NO. 619 Kelly Courts Renovations
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each Bidder shall set forth below: (a) the name and location of the place of business, (b) the California Contractor license number, (c) the DIR public works Contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.
Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner.
We propose to use the following listed subcontractors as per Public Contract Code Section 4100 et seq.: List all Subcontractors. The subcontractor shall be licensed for the type of work they are performing.
Sub-Contractors Name: Address:
Description of Work:
CSLB Contractor License No. DIR Registration No.
Phone No. Dollar Amount of Work & % of Work
34 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
35 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)
36 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.
37 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.”
38 N. FLEET COMPLIANCE CERTIFICATION
The California Air Resources Board (“CARB”) implemented amendments to the In-Use OffRoad Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.
INSTRUCTIONS TO BIDDERS
COMPLIANCE WITH CARB REGULATIONS
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Reported Compliance (“CRC”) for the Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles) . Bidder must complete and submit the Fleet Compliance Certification, on the form included in the bid package. Failure to provide a valid CRC for the Bidder’s fleet, and for the fleets of all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.
Fleet Compliance Certification.
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
39 The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Bidder:_________________________________________________
Signature: __________________________________________________
Name: __________________________________________________
Title: __________________________________________________
Date: __________________________________________________
40 V. CONTRACT DOCUMENTS
CIP NO. 619 Kelly Courts Renovations
41 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. 619 Kelly Courts Renovations (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On [INSERT DATE], City’s City Council declared CONTRACTOR to be the lowest responsible Bidder and accepted the bid of CONTRACTOR; and
C. The City Council has authorized the Mayor to execute a written Contract with CONTRACTOR for furnishing labor, equipment, and material for the CIP No. CIP NO. 619 Kelly Courts Renovations in the City of Hermosa Beach.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP NO. 619 Kelly Courts Renovations in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated [INSERT DATE], (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 2021 edition, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said Contract documents are made a part hereof as though fully set forth herein. This Contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the Contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control.
Collectively, these Contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.
42 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal [INSERT VALUE] as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within [INSERT VALUE] working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the Contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the Contract time.
5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum set forth in Exhibit “A” for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the Contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.
7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.
Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any 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.
43 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 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.
When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen.
CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions.
CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
44 CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A Contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works Contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
Any ineligible Contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the Contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or 40 hours in any one calendar week in violation of the Labor Code.
9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all Contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial
45 Relations (DIR). No bid will be accepted nor any Contract entered into without proof of the Contractor’s and subcontractors’ current registration with the DIR to perform public work.
Notwithstanding the foregoing, the Contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work, including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any applicable liquidated damages and shall not be compensable by the CITY. CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.
11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7.
Any Contract on a public works project entered into between a Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works Contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a Contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States CONTRACTOR shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.
CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site. CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program
13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and
46 subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
14. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
47 So much of the money due to CONTRACTOR under and by virtue of the Contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the Contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this Contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors. a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
48 project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vii. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its
49 officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
d. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear.
ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. e. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
iii. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.
iv. A copy of the claims reporting requirements must be submitted to the CITY for review. v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY.
g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver
50 of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. j. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
18. COMPLIANCE WITH CARB REGULATIONS:
a. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). b. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
c. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
19. ASSIGNMENT: This Contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
20. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent Contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set
51 forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
21. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this Contract.
CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the Contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
22. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
23. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
24. SEVERABILITY. If any portion of these Contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
25. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this Contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this Contract shall not be valid or binding. Any modifications of this Contract will be effective only if signed by the party to be charged.
52 26. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf.
27. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: ________________________ Project Manager
CONTRACTOR:
__________________________________________
__________________________________________
Attention: __________________________________
28. DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less.
Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily
53 limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such Contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
Supporting Documentation. The CONTRACTOR shall submit all claims in the following format:
Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:
Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed.
Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the
54 governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.
Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR.
If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.
CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.
Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.
If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
55 The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.
Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
Government Code Claims. In addition to any and all Contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite Contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit
56 against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first.
A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims.
24. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
25. TERMINATION: This Contract may be terminated by CITY at any time, either with our without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract.
26. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties.
27. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
57 28. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
29. FORCE MAJEURE. If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as provided in the Contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the Contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
30. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
31. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
32. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
State of California
CONTRACTOR'S License No. __
58 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
59 B. AGREEMENT OF INDEMNIFICATION
AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION CIP NO. 619 Kelly Courts Renovations
Contract/Agreement/License/Permit No. or description:
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Hermosa Beach and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced Contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the Contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name Name
By: By:
60 C. EQUALS
CIP NO. 619 Kelly Courts Renovations
The undersigned desires to use the material, product, thing, or service described below, as “an equal” to such item as specified.
In accordance with the provisions under General Conditions, entitled EQUALS, if the City shall find any item so described equal to the respective item specified, then the undersigned may furnish such item, together with all necessary labor, materials, equipment and incidentals required to perform and complete the work.
__________________________________________ _________________________ Contractor’s Name Date
_________________________________________ _________________________ Address Telephone Number
Materials, apparatus or equipment
specified for which Bidder proposes “an
equal”
Complete description of the materials, apparatus or
equipment the Bidder desires to use as “an equal”
and name of Contractor if different
Specify page number
1. 2.
3.
61 D. FAITHFUL PERFORMANCE BOND
CIP NO. 619 Kelly Courts Renovations
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Hermosa Beach, (hereinafter referred to as “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.
62 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]
63 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
Contractor/ Principal
By
Title
Surety
By
Attorney-in-Fact
Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
64 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨
Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
65 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨
Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
66 E. PAYMENT BOND (LABOR AND MATERIALS)
CIP NO. 619 Kelly Courts Renovations
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Hermosa Beach (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a Contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work Contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work Contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any Contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of
67 any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of Contract between the owner or City and original Contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
Contractor/ Principal
By
Title
Surety
By
Attorney-in-Fact
Title
68 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨
Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
69 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
70 F. GUARANTEE TO THE CITY OF HERMOSA BEACH
CIP NO. 619 Kelly Courts Renovations
As a material inducement to the City to award the Contract for CIP No. ______ to the ___________, the undersigned (“Guarantor”) has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: _______________________ (“the work”).
Guarantor guarantees that the materials and equipment used by itself and its sub-Contractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City’s sole election: 1) reimburse the City, upon written demand, for all of the City’s expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for one year from the date on which the Contract for the work is accepted by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned.
The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor’s failure or refusal.
Guarantor
Contractor Date
By Title
71 G. GENERAL COMPREHENSIVE LIABLITY ADDITONAL INSURED
ENDORSMENT
CIP NO. 619 Kelly Courts Renovations
NAME OF ADDRESS OF INSURED:
General description of agreement(s) and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured.
2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City.
3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.
4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
72 Endorsement Effective Policy No.
No. Date
TYPE OF COVERAGES TO WHICH POLICY PERIOD
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM TO
LIABILITY
Scheduled items or locations are to be identified on an attached sheet.
The following inclusions relate to the above coverages includes:
( ) Premises & Operations ( ) Explosion Hazard
( ) Contractual Liability ( ) Collapse
( ) Independent Contractors ( ) Underground Hazard
( ) Products/Completed Operations ( ) Personal Injury
( ) Broad Form Property Damage ( )
( ) Broad Form Liability Endorsement
A deductible or self-insured retention (strike out one) of applies to coverage.
DEDUCTIBLE APPLIES PER CLAIM, PER OCCURRENCE
INSURANCE COMPANY
ADDRESS:
I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the above-named insurance company to this endorsement and by my execution hereof, do so bind said company.
Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20 .
Phone No.: ( )
73 H. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT CIP NO. 619 Kelly Courts Renovations
NAME OF ADDRESS OF INSURED:
General description of agreement(s) and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured.
2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City.
3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.
4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
74 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
Endorsement Effective Policy No.
No. Date
TYPE OF COVERAGES TO WHICH POLICY PERIOD
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM TO
LIABILITY
Scheduled items or locations are to be identified on an attached sheet.
The following inclusions relate to the above coverages includes:
( ) Owned Automobiles ( ) Owned, Non-owned and Hired Automobiles ( ) Non-owned Automobiles
( ) Hired Automobiles
A deductible or self-insured retention (strike out one) of applies to coverage.
DEDUCTIBLE APPLIES PER CLAIM, PER OCCURRENCE
INSURANCE COMPANY
ADDRESS:
I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the above-named insurance company to this endorsement and by my execution hereof, do so bind said company.
Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20 .
Phone No.: ( )
75 I. INSTRUCTIONS FOR COMPLETING, EXECUTING, AND SUBMITTING
EVIDENCE OF INSURANCE TO THE OWNER
CIP NO. 619 Kelly Courts Renovations
Insured: Date:
(Contractor, Lessee, Permittee, etc.)
Insured
A. In order to reduce problems and time delays in providing evidence of insurance to the City, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement forms along with these instructions for completing, executing, and submitting evidence of insurance.
If the agreement requires Workers' Compensation coverage and you have been authorized by the State of California to self-insure Workers' Compensation, then a copy of the certificate from the State authorizing self-insurance for Workers' Compensation shall meet the requirements for Workers' Compensation insurance covering activities within the State of California.
All questions relating to insurance should be directed to the department or office responsible for your Contract, lease, permit, or other agreement.
Insurance Agent or Broker
B. The appropriate Endorsement Form shall be used. No changes in the terms of the Endorsement will be permitted. Certificates of Insurance alone will not be accepted by the City.
More than one insurance policy may be required to comply with the insurance requirements.
Endorsement forms appropriate to your insured's Contract, lease or permit are checked below and enclosed.
( ) Workers' Compensation/Employers Liability
( ) General Liability
( ) Automobile Liability
( ) Excess/umbrella Liability
( ) Professional Liability
( ) Property insurance
( ) Fine Arts Property Insurance
You shall have an authorized representative of the insurance company sign the completed endorsement forms, note his phone number at the bottom of page 2 and have said representative transmit the forms to the City. Signatures must be originals as the City will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures.
76 The name of the Insurance Company underwriting the coverage and its address shall be noted on page 2 of the endorsement form.
The "General description of agreement(s) and/or activity(ies) insured" shall include reference to the activity and/or to either the specific City Contract number, lease number, permit number or construction approval number.
The coverages and limits for each type of insurance are specified in the attached sheet of insurance requirements. When coverage is on a scheduled basis, then a separate sheet is to be attached to the endorsement listing such scheduled locations, vehicles, etc., so covered.
Endorsements to excess policies will be required when primary insurance is insufficient in complying with the City's requirements.
If there is insufficient space on the form to note pertinent information, such as inclusions, exclusions or specific provisions, etc., a separate sheet may be attached.
When additional sheets are attached, change the number of pages at the bottom of the form.
Completed Endorsement(s) and questions relating to the required insurance are to be directed to:
Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
Improperly completed Endorsements will be returned to your insured for correction by an authorized representative of the insurance company.
DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS MAY
DELAY YOUR INSURED'S INTENDED OCCUPANCY OR OPERATION UNDER AGREEMENT WITH THE OWNER.
For extensions or renewals of insurance policies which have the City's Endorsement Form(s) attached, the City will accept a copy of the endorsement (with an original signature) to extend the period of coverage as evidence of continued coverage.
77 J. WORKER'S COMPENSATION INSURANCE CERTIFICATE
CIP NO. 619 Kelly Courts Renovations
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of the Contract.
DATED:
CONTRACTOR:
By:
Signature
Title
ATTEST:
By:
Signature
Title
78 K. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL CIP NO. 619 Kelly Courts Renovations
If an individual, so state. If a firm or co-partnership, state the firm and give the names of all individual co-partners composing the partnership. If a corporation, state legal name of corporation; state also the names of the president, secretary, treasurer, and manager thereof. ______________________________________________________
______________________________________________________
______________________________________________________
Business Address: ______________________________________________________ ______________________________________________________
______________________________________________________
Telephone Number:
Date:
Print Name: ___________________________________________ Principal
Signature: ___________________________________________
79 L. W9 FORM
TP-1
CIP NO. 619 KELLY COURTS RENOVATIONS PROJECT
VI. TECHNICAL PROVISIONS
The following Technical Provisions supplement and amend the 2021 Standard Specifications for Public Works Construction (SSPWC). These Technical Provisions have been arranged into a format and sequence that parallels the Standard Specifications for Public Works Construction.
City of Hermosa Beach
Hermosa Beach Pickle Ball Court
Improvements
Hermosa Beach, California
Prepared by
NUVIS
425 Valley Drive
Hermosa Beach California 90254
Project Number 22-040.01
PROJECT
MANUAL
NUVIS
22-040.01
Hermosa Beach Pickle Ball
Court Improvements
Hermosa Beach, California
- 1
TABLE OF CONTENTS
PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP
DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS
INTRODUCTORY INFORMATION
00 01 10 Table of Contents
SPECIFICATIONS GROUP
FACILITY CONSTRUCTION SUBGROUP
DIVISION 02 - EXISTING CONDITIONS
02 41 19 SELECTIVE DEMOLITION
DIVISION 03 - CONCRETE
03 30 00 CAST-IN-PLACE CONCRETE
DIVISION 09 - FINISHES
09 96 23 ANTI-GRAFFITI COATING
FACILITY SERVICES SUBGROUP
DIVISION 26 - ELECTRICAL
26 00 10 SUPPLEMENTAL REQUIREMENTS FOR
ELECTRICAL
26 05 19 LOW-VOLTAGE ELECTRICAL POWER
CONDUCTORS AND CABLES
26 05 26 GROUNDING AND BONDING FOR ELECTRICAL
SYSTEMS
26 05 33.13 CONDUITS FOR ELECTRICAL SYSTEMS
26 05 33.16 BOXES AND COVERS FOR ELECTRICAL
SYSTEMS
26 05 33.23 SURFACE RACEWAYS FOR ELECTRICAL
SYSTEMS
26 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR
ELECTRICAL SYSTEMS
26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS
26 09 23 LIGHTING CONTROL DEVICES
DIVISION 31 - EARTHWORK
31 10 00 SITE CLEARING
31 20 00 EARTH MOVING
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 13 13 CONCRETE PAVING
32 18 23.43 CONCRETE BASKETBALL & MULTI-PURPOSE
COURT SURFACE COLOR COATING SYSTEM