Hermosa Beach City Council
February 25, 2025

43 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 75 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.

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

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

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

When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
Assignment of an apprentice to any work performed under a public works Contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

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

CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions.

CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.

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

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

45 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

46 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

47 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.

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.

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.

48 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

49 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. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
v. 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.
vi. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.

At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

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

51 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

52 of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

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

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

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

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

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

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

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

53 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

54 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

55 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.

56 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

57 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.

58 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. __

59 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

60 B. AGREEMENT OF INDEMNIFICATION

AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION CIP NO. 105 & 695
Annual Street Improvements and Parking Lot A Improvements Contract/Agreement/License/Permit No. or description:

Indemnitor(s) (list all names):

To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Hermosa Beach and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced Contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.

This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the Contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

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

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

61 C. EQUALS
CIP NO. 105 & 695
Annual Street Improvements and Parking Lot A Improvements The undersigned desires to use the material, product, thing, or service described below, as “an equal” to such item as specified.

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

1. 2.

3.

62 D. FAITHFUL PERFORMANCE BOND
CIP NO. 105 & 695
Annual Street Improvements and Parking Lot A Improvements KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

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

63 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.

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.

64 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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)

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

END OF PERFORMANCE BOND

67 E. PAYMENT BOND (LABOR AND MATERIALS)
CIP NO. 105 & 695
Annual Street Improvements and Parking Lot A Improvements 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

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

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

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

Contractor/ Principal
By
Title
Surety
By
Attorney-in-Fact
Title

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 Contractor/Principal.

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

END OF PAYMENT BOND

71 F. GUARANTEE TO THE CITY OF HERMOSA BEACH
CIP No . 105 & 695
Annual Street Improvements and Parking Lot A Improvements 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

72 G. GENERAL COMPREHENSIVE LIABLITY ADDITONAL INSURED

ENDORSMENT
CIP No. 105 & 695
Annual Street Improvements and Parking Lot A Improvements 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.

73 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.: ( )

74 H. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT CIP No. 105 & 695
Annual Street Improvements and Parking Lot A Improvements 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

75 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.: ( )

76 I. INSTRUCTIONS FOR COMPLETING, EXECUTING, AND SUBMITTING

EVIDENCE OF INSURANCE TO THE OWNER
CIP NO. 105 & 695
Annual Street Improvements and Parking Lot A Improvements 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

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

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

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

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

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

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

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

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

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

DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS MAY

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

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

78 J. WORKER'S COMPENSATION INSURANCE CERTIFICATE
CIP No. 105 & 695
Annual Street Improvements and Parking Lot A Improvements 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

79 K. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL CIP No. 105 & 695
Annual Street Improvements and Parking Lot A Improvements 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: ___________________________________________

80 L. W9 FORM

81 CIP No. 105 & 695
Annual Street Improvements and Parking Lot A Improvements VI. SPECIAL PROVISIONS
The following Special Provisions supplement and amend the 2021 Standard Specifications for Public Works Construction (SSPWC). These Special Provisions have been arranged into a format and sequence that parallels the Standard Specifications for Public Works Construction.

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CIP No. 105 & 695
Annual Street Improvements and Parking Lot A Improvements VI. SPECIAL PROVISIONS
The following Special Provisions supplement and amend the 2021 Standard Specifications for Public Works Construction (SSPWC). These Special Provisions have been arranged into a format and sequence that parallels the Standard Specifications for Public Works Construction.

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TABLE OF CONTENTS
PART 1 – GENERAL PROVISIONS..........................................................................................5 PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS ................5 SECTION 1 – GENERAL. .........................................................................................................5 1-2 TERMS AND DEFINITIONS. ................................................................................ 5 SECTION 2 – SCOPE OF THE WORK...................................................................................5 2-2 PERMITS.................................................................................................................. 5 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.................................. 6 2-5.5 Contractor’s Responsibility for Work....................................................................... 6 2-5.6 Notice and Service Thereof. ..................................................................................... 6 2-5.7 Warranty of Title....................................................................................................... 7 2-11 RETENTION OF IMPERFEFCT WORK. ............................................................. 7 SECTION 3 – CONTROL OF THE WORK............................................................................7 3-6 THE CONTRACTOR’S REPRESENTATTIVE. .................................................... 7 3-7 CONTRACT DOCUMENT...................................................................................... 8 3-8 SUBMITALS............................................................................................................. 8 3-10 SURVEYING............................................................................................................. 9 3-12 WORK SITE MAINTENANCE. ............................................................................ 11 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY. ........................................ 11 SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES. .....................................11 5-3 LABOR. ................................................................................................................... 11 5-4 INSURANCE. ......................................................................................................... 12 5-7 SAFETY. ................................................................................................................. 13 5-8 LAWS TO BE OBSERVED.................................................................................... 13 5-9 FAIR EMPLOYMENT PRACTICE COMMISSION CERTIFICATION........... 15 SECTION 6 – PROSECTION AND PROGRESS OF THE WORK....................................15 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.. 16 6-9 LIQUIDATED DAMAGES. ................................................................................... 17 SECTION 7 – MEASUREMENT AND PAYMENT. ............................................................18 7-3 PAYMENT. ............................................................................................................. 18 7-4 PAYMENT FOR EXTRA WORK. ......................................................................... 20 7-6 PAYMENT FOR PROJECT BID ITEMS............................................................. 21 PART 2 – CONSTRUCTION MATERIALS............................................................................28 SECTION 200 – ROCK MATERIALS...................................................................................28 200-2 UNTREATED BASE MATERIALS. ..................................................................... 28 SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS......................28 201-1 PORTLAND CEMENT CONCRETE.................................................................... 28 203-6 ASPHALT CONCRETE......................................................................................... 28 203-11 ASPHALT RUBBER HOLT MIX (ARHM).......................................................... 28 SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS. .......................................................................................................28 214-4 PAINT FOR STRIPING AND MARKINGS. ........................................................ 28 214-6 PAVEMENT MARKERS ....................................................................................... 28 PART 3 – CONSTRUCTION METHODS................................................................................30

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SECTION 300 – EARTHWORK. ...........................................................................................30 300-1 CLEARING AND GRUBBING. ............................................................................ 30 SECTION 301 – SUBGRADE PREPARATION, TREATED MATERIALS, AND PLACEMENT OF BASE MATERIALS................................................................................31 301-1 SUBGRADE PREPARATION............................................................................... 31 SECTION 302 – ROADWAY SURFACING..........................................................................31 302-5 ASPHALT CONCRETE PAVEMENT.................................................................. 31 302-9 ASPHALT RUBBER HOT MIX (ARHM) ............................................................ 33 SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION.................................33 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.............................................. 33 SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS. .......................................................................................................39 314-1 GENERAL............................................................................................................... 39 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS........................................................................................................................... 39 PART 4 – EXISTING IMPROVEMENTS................................................................................40 SECTION 400 – PROTECTION AND RESTORATION. ....................................................40 400-2 PERMANENT SURVEY MARKERS.................................................................... 40 400-4 TREES..................................................................................................................... 40 400-5 SIGN POST............................................................................................................. 40 SECTION 401 – REMOVAL...................................................................................................41 401-8 TREES..................................................................................................................... 41 SECTION 402 – UTILITIES. ..................................................................................................42 402-7 ADJUSTING OF UTILITY COVERS................................................................... 42 SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION......................42 403-1 GENERAL............................................................................................................... 42 SECTION 404 – COLD MILLING .........................................................................................42 404-1 GENERAL............................................................................................................... 42 PART 6 – TEMPORARY TRAFFIC CONTROL ...................................................................40 SECTION 600 – ACCESS........................................................................................................44 600-1 GENERAL............................................................................................................... 44 SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES. ........................................................................................45 601-1 GENERAL............................................................................................................... 45 601-7 PAYMENT. ............................................................................................................. 48 PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS................................49 SECTION 700 – MATERIALS................................................................................................49 700-5 TRAFFIC SIGNAL MATERIALS......................................................................... 49 PART 8 – LANDSCAPING AND IRRIGATION.....................................................................51 SECTION 800 – MATERIALS................................................................................................51 800-1 LANDSCAPING MATERIALS. ............................................................................ 51 800-1.1 Topsoil. ..................................................................................................................... 51

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SECTION 801 – INSTALLATION. ........................................................................................52 801-2 EARTHWORK AND TOPSOIL PLACEMENT. .................................................. 52 801-4 PLANTING. ............................................................................................................ 52 PART 9 – SPECIFIC CONDITIONS ........................................................................................54 900-1 PHASING AND SEQUENCING OF WORK........................................................ 54 900-2 PROCORE SOFTWARE........................................................................................ 55

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

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

SECTION 1 – GENERAL.
1-2 TERMS AND DEFINITIONS.

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

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

Add the following:

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

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

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

Right of Way Permits
When work occurs in the right-of-way of other entities, the Contractor shall obtain a no fee right of way permit as required for an encroachment from that entity.

Right of Entry
All work shall be constructed from public right of way and encroachment onto private property shall be prohibited. If right of entry is required to construct certain improvements, the Contractor shall notify the Engineer prior to the work. The Engineer will coordinate right of entry with the property owner and will notify the Contractor once it has been granted. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.4 Haul Routes.

Replace the entire subsection with the following:

Hall Routes shall be per the City of Hermosa Beach Truck Routes map. See Exhibit “D.” Add the following subsections:
2-5.5 Contractor’s Responsibility for Work.

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

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

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

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

Public Works Department
City of Hermosa Beach
1315 Valley Dr.

Hermosa Beach, CA 90254

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

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

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

Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the City.
2-11 RETENTION OF IMPERFEFCT WORK.

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

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

Add the following:

The Contractor shall provide the Engineer with the name, address, and business and home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices.
3-7 CONTRACT DOCUMENT.

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3-7.2 Precedence of Contract Documents.

Replace the entire subsection with the following:

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

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

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

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

4. The Contract.

5. The Bid Proposal.

6. Addenda.

7. Notice Inviting Bids.

8. Instructions to Bidders.

9. Special and General Provisions.

10. Plans.

11. City of Hermosa Beach Standard Plans.

12. Other Standard Plans.

13. Standard Specifications for Public Works Construction.

14. Reference Specifications.

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

Add the following:

The Contractor shall submit the following submittals within ten (10) days of notification of the City’s intent to award this Contract:
• Project Construction Schedule, sequence, and phase sequence plan • Preconstruction video on USB, 2 copies
• Copy of City Business License (Prime and Subcontractors) • 24 Hr. Emergency Phone Call List

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• Letters identifying site authorized Contractor’s representative or “Superintendent” and Contractor’s “Competent Person”
• Vehicular and Pedestrian Traffic Control Plan (paper and PDF) • WPCP / Best Management Practices
• Asphalt Concrete material specifications and mix design • Concrete material specifications and mix design
• Crushed Miscellaneous Base material specifications
• Topsoil material specifications
• Detectable Warning System/Truncated Domes for access ramps o One (1) ADA tile sample, minimum 6” x 6”
o Shop drawings for access ramp products showing fabrication details, composite structural system, tile surface profile, sound on cane amplification feature, plans showing tile placement including joints, and material to be used as well as outlining installation materials and procedure
• Constructions Notices sample template shall be provided by the City to the Contractor and modified and submitted to the engineer for review and approval. Approved Construction Notice shall be distributed by Contactor. See Exhibit C • Thermoplastic paint for striping
• Ennis-Flint by PPG PreMark pavement markings or approved equal • Ennis-Flint by PPG PreMark Thermoplastic Green Bike facilities or approved equal • Liquid applied detectable warning system
• Two Sack Slurry Specification and mix design
• Cobble paver material
• Others as requested by the Engineer
3-10 SURVEYING
3-10.1 General
Delete the entire subsection and replace with the following:

All construction surveying shall be accomplished by or under the direction of a Registered Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California, retained and/or provided by the Contractor. The Contractor will perform and be responsible for the accuracy of surveying adequate for construction. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at its expense. If any improvement is constructed incorrectly and/or without survey stakes, the

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Engineer reserves the right to direct the Contractor to remove and replace the improvement. All costs and time delays related to removal and replacement will be the sole responsibility of the Contractor.

The Contractor shall notify the Engineer in writing at least 2 Working Days before survey services will be required in connection with the laying out of any portion of the Work. The Contractor shall dig all holes necessary for line and grade stakes. The Contractor shall provide any required traffic control necessary for construction surveying.

Stakes shall be set and stationed by the Contractor for curbs, curbs and gutters, access ramps, cross gutters, driveways, headers, storm drains, sewers, water lines, spandrels, catch basins, rough grade, and other items as necessary. Construction stakes shall consist of the following:
• Offset line and grade stakes for gravity storm drain at 25-foot intervals, grade brake, and tie-ins with grade sheets indicating cut to the pipe flow line/invert. • Corner stakes for catch basins.
• One set of control stakes for manholes.
• One set of paving stakes.
• Pipe heading checks for line and grade at each manhole. • Line and grade of new curb and gutter and other concrete improvements. • Line and grade of existing features shown on the plan to be replaced in kind sufficient for their construction.

A copy of each grade sheet shall be furnished to the Engineer no more than 2 working days following the setting of stakes and prior to constructing the improvement associated with the stakes.

If there are no elevations shown on the Plans or provided in the Specifications associated with any proposed improvement that requires staking, the Contractor shall notify the Engineer immediately in writing in the form of a RFI. The Contractor is solely responsible for any time delays and/or any costs when it does not submit an RFI in a timely manner.

Add the following subsections:
3-10.3 Survey Monuments
The Contractor shall be responsible to have a California Registered Land Surveyor document all surveying monuments, lot stakes (tagged), centerline ties, and benchmarks that may be disturbed during construction. The Contractor or its Surveyor shall file a Corner Record Form at the Los Angeles County Surveyor referencing survey monuments subject to disturbance prior to the start of construction and after completion of construction, including a location for reestablishment of disturbed monuments. Copies of the records shall be furnished to the City. It is further required that survey monuments be replaced, and a Corner Record filed, prior to issuing a certificate of completion for the project.

All surveying shall be accomplished by or under the direction of a Registered Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California, retained and/or provided by the Contractor. Monuments and centerline ties shall be tied out and reset in accordance with Section 8771 (Land Surveyors Act) of the Business and Professions Code of the State of California.

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3-12 WORK SITE MAINTENANCE.
3-12.4 Storage of Equipment and Materials
3-12.4.2 Storage in Public Streets
Replace the first paragraph with the following:

Construction material, tools, and equipment shall not be stored in the street or public right of way at any time, and must be removed by the Contractor at the end of each working day. 3-12.6 Water Pollution Control
3-12.6.1 General
Add the following:

A Storm Water Pollution Prevention Plan (SWPPP) is not required for the Work since the ground disturbance is less than 1 acre. However, the Contractor shall implement all required Best Management Practices in conformance with these Specifications and State requirements.

The Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean to the City whenever construction, including restoration, is incomplete.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.3 Warranty.

Add the following paragraph:

Manufacturer’s warranties shall not relieve the Contractor liability under these Specifications.

Such warranties only shall supplement the Contractor’s responsibility. The Engineer may, at his option, require a manufacturer’s warranty on any product offered for use.

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

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

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

Add the following subsection:
5-3.6 Laws.

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Each Bidder must submit with the Bid Proposal a fully executed Certificate of NonDiscrimination by Contractors. Bids will not be considered unless accompanied by the completed Certificate.

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

The Contractor shall comply with all applicable provisions of Sections 1776, 1777.5 and 1777.7 of the C a l i f o r n i a L a b o r Code. The Contractor shall be responsible for compliance with Section 1776 and shall insert a provision in all subcontracts requiring subcontractors to comply with said section.

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

Replace the entire subsection with the following:

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

Workers’ Compensation and Employer’s Liability
• Workers’ Compensation – coverage as required by law
• Employer’s Liability – limits of at least $1,000,000 per occurrence Comprehensive General Liability
• Combined Single Limit - $5,000,000
Automobile Liability
• Combined Single Limit - $5,000,000
All of the Contractor’s policies shall contain an endorsement providing written notice shall be given to the City at least 30 calendar days prior to termination, cancellation or reduction of coverage in the policy
The Bodily Injury and Property Damage Liability policies shall contain the following:

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

2. “Severability of Interest” clause.

3. Elimination of any exclusion regarding loss or damage to property caused by

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explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.

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

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

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

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

Any policy or policies of insurance that the Contractor or his Subcontractors elects to carry as insurance against loss or damage to their construction equipment and tools or other personal property used in fulfillment of this Contract shall include a provision waiving the insurer’s right of subrogation against the City.

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

Add the following subsection:
5-7.9 Emergency Provisions.

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

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

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

The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which, in any manner, affect those engaged or employed on the work, the materials used in the work or the conduct of the work. If any discrepancy or

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inconsistency should be discovered in this Contract or in the Plans or Specifications herein referred to, in relation to any such law, ordinance or regulation, the Contractor shall forthwith report the same in writing to the Engineer. The Contractor shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this Contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violations of any such laws, ordinances or regulations whether by himself or by his employees or his subcontractors or their employees.

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

All state laws, all county and city ordinances and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and works required to be done hereunder, shall be deemed to be and hereby are made controlling and part of these specifications.
5-8.2 General.

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

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

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

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the general prevailing wage rates.

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

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

The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid, Bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction Contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information with be treated confidentially and caller anonymity will be respected.

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

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

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

SECTION 6 – PROSECTION AND PROGRESS OF THE WORK.

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6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE
WORK.
6-1.1 Construction Schedule.

Add the following:

The Contractor’s proposed construction schedule shall be submitted to the Engineer within ten (10) days of notification of the City’s intent to award this Contract or at the pre-construction meeting, whichever occurs first. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered.

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

If the Contractor elects to work on any of the City holidays the Contractor shall be responsible for paying any associated inspection costs, including overtime and holiday premiums. Any work not completed and fully open to public traffic shall be maintained in a safe and delineated condition. Traffic control and safety devices shall be maintained at all times.
o New Year’s Day
o Martin Luther King Jr.’s Birthday
o Washington’s Birthday
o Cesar Chavez Day
o Memorial Day
o Juneteenth
o Independence Day
o Labor Day
o Veterans Day
o Thanksgiving
o Christmas Day
• The Contractor’s working hours shall be limited to the hours between 8:30 A.M. and 3:30 P.M., Monday through Friday. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of the City Engineer. The Contractor shall provide adequate light for proper prosecution of the work, for the safety of the workmen and the public, and for proper inspection. • In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead and travel time. The service fees will be deducted from any amounts due to the Contractor.

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

The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Public Works Manager and the County Sheriff’s

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Department or the City Police Department prior to beginning work.

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

Southern California Edison Co. 310/783-9332
The Gas Co. 310/605-7837
Verizon 818/837-0394
Hermosa Beach Police & Fire 310/524-2750
Time Warner (Cable TV) 310/216-4184
West Basin Municipal Water District 310/217-2411
Athens Services 626/934-4696
California Water Service Co. 310/257-1428
Underground Service Alert 800/227-2600
Los Angeles County Flood Maintenance 562/861-0316
Los Angeles County Public Works 626/458-3109
6-4.3 Payment for Delays.

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

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

Add the following:

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

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Each duration for each street is subject to liquidated damages separately. If contractor exceeds the durations based on approved schedule for each street and the specified phasing and sequencing of work per Section 900-1 of the Special Provisions, contractor shall be charged liquidated damages for each calendar day of delay.

Each intermediate duration specified for start of paving after cold milling and striping after paving is completed, are subject to liquidated damages separately. If contractor exceeds the intermediate durations indicated for each intermediate duration, contractor shall be charged liquidated damages for each calendar day beyond the specified durations.

For streets being cold milled and paved, if contractor fails to start paving a cold milled street within two (2) working days of cold milling, contractor shall be charged liquidated damages for each calendar day of delay until paving begins.

On final paved street, final striping, pavement markings, legends shall commence within one (1) week of completion of final paving and completed within two (2) working days thereafter. If contractor fails to start and complete final striping, pavement markings, legends striping as specified, contractor shall be charged liquidated damages for each calendar day of delay for exceeding specified
SECTION 7 – MEASUREMENT AND PAYMENT.
7-3 PAYMENT.
7-3.2 Partial and Final Payment.

Replace the entire subsection with the following:

The closure date for periodic progress payments shall be the twenty-fifth day of each month.

Authorization to pay is commonly received on the tenth day of the following month.

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

The final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as-built conditions. 7-3.4 Mobilization.

Replace the entire subsection with the following:

Mobilization and demobilization shall include all site visits; preparation of all submittals; BMPs (NPDES); obtaining all permits, insurance, and bonds; video recording of the site existing conditions; moving onto the site all materials and equipment; set up of any temporary facilities and all necessary rental costs (e.g. sanitary facilities, parking, construction water, equipment and materials staging area, fencing); distribution of all notification materials; removal of same at completion of the work; site cleanup using all necessary equipment, including water trucks for dust control and sweeping trucks for thorough removal of debris; and other work as required to perform and complete the work.

It shall be the Contractor’s responsibility to secure the entire limit of the work site with temporary

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construction fencing. The fencing limits and layout are subject to approval by the Engineer.

No material, equipment, or vehicles to be left overnight on sidewalks or streets. If a staging area is needed by the contractor, City facilities and grounds will not be available for use by the contractor.

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

Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, construction permits and/or permit riders as may be required by law, and financing prior to beginning work on the various contract items on the project site.

Mobilization shall also include the cost, time and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition and all other related work as required for all nonworking days during the course of construction. The contractor is responsible for securing an adequate storage site for equipment and materials.

Mobilization shall include any work shown on the plans, including removal and/or relocation of an item of work shown on construction documents, which has no corresponding bid item for said work. It shall also include removal of vegetation, removal and/or modifications to the existing planters, wall, fences, gates within the project area, on private properties and within the public right of way as shown on the construction documents. Full compensation relating to that work, including the furnishing of labor and materials, and the disposal of materials shall be included herein.

Mobilization shall include compliance with water quality and air quality laws; furnishing all water required for the construction work; protection of utilities, trees, fences, walls, landscaping, and other facilities; and the relocations as shown on the plans. All complaints received by the City associated with the construction alleging damage to private property and vehicles shall be responded to by the Contractor within one working day of notification. Failure to comply with this provision may result in a penalty of one hundred and fifty dollars ($250.00) per occurrence.

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The Contractor shall have on the work site at all times, as its agent, a competent superintendent capable of reading and thoroughly understanding the plans, specifications, other related documents, and directions from the Engineer.

Contractor shall confine his operations and work area within the project area. No encroachment into private property will be permitted without the prior written consent of the property owner.

Obtaining this consent will be the responsibility and the costs of the Contractor. Material shown on the plans or designated in the Special Provisions which is to be used in the reconstructed work and which has been damaged or destroyed as a result of the Contractor’s operations shall be repaired or replaced at the option of the Engineer by the Contractor at the Contractor’s sole expense.

The Contractor shall provide personnel to keep the construction site in a safe condition at all times, including non-working hours. Mobilization shall include scheduling and phasing of the work per the requirements of the City. The Contractor shall coordinate all construction activities with the City.

The Contractor shall comply with the requirements specified by each license or permit.

Compensation also includes furnishing a crew to pothole at the discretion of the Engineer. Progress payments for this item shall be paid in accordance with the completion percentage of the project and shall include the costs of such mobilization and administration for the entire contract period. 7-3.5 Contract Unit Prices.

7.3.5.1 General
Add the following paragraph:

Unit price adjustment will not be allowable under certain circumstances, including raw material price index fluctuations, material shortages, delivery costs, or changes in prevailing wages. 7-3.9 Work Performed Without Direct Payment.

Tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools, and materials shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools, and materials shall be included in the unit bid prices in the Proposal and no additional compensation will be paid therefor.
7-4 PAYMENT FOR EXTRA WORK
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor.

Replace the entire subsection with the following:

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

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7-4.3.1 Work by the Contractor.

Replace the entire subsection with the following:

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

When any of the extra work is performed by a subcontractor, the markup shall be applied to the subcontractor’s costs. An allowance for the Contractor’s overhead and profit shall be added to the sum of the subcontractor’s costs and markup and shall constitute the full and complete markup for all overhead and profit for the Contractor on work by the subcontractor. For Contractor markup of subcontractor’s costs, the allowance shall be 10% on the first $2,000 or portion thereof and 5% on costs in excess of $2,000.
7-6 PAYMENT FOR PROJECT BID ITEMS.

Item No. 1 Mobilization and Demobilization (5% Max. of Total Bid Schedule Cost)
Refer to 7-3.4
Payment for MOBILIZATION AND DEMOBILIZATION (5% MAX. OF TOTAL BID SCHEDULE COST) shall be on a lump sum basis, and shall include furnishing all labor, materials, tools, equipment, transportation, NPDES compliance, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents. The total cost of mobilization and demobilization shall not exceed five (5) percent of the total bid price. Any other costs of work not directly attributed to any specific bid item shall be considered included in mobilization.

Item No. 2 Traffic Control
Refer to Technical Specifications Section 601
Payment for TRAFFIC CONTROL shall be made on a lump sum basis and shall include furnishing all labor, materials, tools, equipment, transportation, traffic control devices, and incidentals required to complete and in place, as specified in this special provision, the Plans and the Contract Documents, including traffic control on Pacific Coast Highway in compliance with Caltrans’ direction. Should the Engineer require any modifications to the traffic control, such changes shall be implemented at no additional cost to the City.

Item No. 3 Surveying Services
Refer to Technical Specifications Section 400-2

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Payment for SURVEYING SERVICES shall be per the Contract unit price per lump sum, and shall include, but not be limited to, all labor, materials, tools, equipment, transportation, incidentals for performing all work involved in this section, and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, filing pre- and post-construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place.

Item No. 4 Cold Mill 2" Depth (Includes Removal of Existing Fabric) Refer to Technical Specifications Section 404-1
Payment for COLD MILL 2" DEPTH (INCLUDES REMOVAL OF EXISTING FABRIC) shall be per the Contract Unit Price per square foot, including disposal of milled material, salvage and reinstall signs & posts, bike racks, and trash cans and shall include construction, removal, and disposal of temporary asphalt concrete ramps.

Item No. 5 Adjust Manhole Frame and Cover to Grade as Required Refer to Technical Specifications Section 403-1
Payment for ADJUST MANHOLE FRAME AND COVER TO GRADE AS REQUIRED shall be per the Contract unit price per each, and shall include furnishing all labor, materials, tools, equipment, transportation, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing manhole frame and cover to grade, restoring all existing improvements damaged by work, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 6 Adjust Utility Cover to Grade as Required
Refer to Technical Specifications Section 402-7
Payment for ADJUST UTILITY COVER TO GRADE AS REQUIRED shall be per the Contract unit price per each, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents Item No. 7 Remove Existing AC Pavement Section to 6" Deep and Construct 4” B-Mix AC Base Course per Detail 3, Sheet ST-1, excluding ARHM overlay
Refer to Technical Specifications Section 203-6
Payment for REMOVE EXISTING AC PAVEMENT SECTION TO 6" DEEP AND INSTALL 4” B-MIX AC BASE COURSE PER DETAIL 3, SHEET ST-1, EXCLUDING ARHM OVERLAY shall be per the Contract unit price per square foot, and shall include furnishing all labor, materials, tools, equipment, transportation, redwood header board, tack coat, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents. No separate payment for tack coat, rock dust blotter, or sweeping will be made.

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Item No. 8 Construct 2" ARHM
Refer to Technical Specifications Section 203-11 and 302-9 Payment for CONSTRUCT 2” ARHM shall be made at Contract Unit Price per ton and shall include furnishing all labor, materials, tools, equipment, transportation, redwood header board, tack coat, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents. No separate payment for tack coat, rock dust blotter, or sweeping will be made.

When payment is to be made on a tonnage basis, the Contractor shall furnish to the Engineer a legible copy of the licensed weighmaster's certificate showing gross, tare and net weights of each truckload of asphaltic concrete mixture upon delivery to the site.

Item No. 9 Remove and Reconstruct ADA Curb Ramp over 4” CMB per SPPWC STD. Plan 111-5, Case and Type per Plan
Refer to Technical Specifications Section 303-5
Payment for REMOVE AND RECONSTRUCT ADA CURB RAMP PER SPPWC STD. PLAN 111-5, CASE AND TYPE PER PLAN shall be per the Contract unit price per each, and shall include slopes, wings, landing, retaining curb, furnishing all labor, materials, tools, equipment, transportation, irrigation system restoration or relocation, removal/salvage of parking meter, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 10 Remove ex. Curb or Curb & Gutter and Construct PCC Curb and Gutter over 8” CMB per SPPWC STD. 120-3
Refer to Technical Specifications Section 303-5
Payment for REMOVE EX. CURB AND CONSTRUCT 8” PCC CURB AND GUTTER PER SPPWC STD. 120-3 shall be per the Contract unit price per linear foot, and shall include furnishing all labor, materials, tools, equipment, transportation, irrigation system restoration or relocation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 11 Remove and Reconstruct 4” PCC Sidewalk over 4" CMB.

Refer to Technical Specifications Section 303-5
Payment for REMOVE AND RECONSTRUCT 4” PCC SIDEWALK OVER 4” CMB shall be per the Contract unit price per square foot, and shall include furnishing all labor, materials, tools, equipment, transportation, irrigation system restoration or relocation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 12 Remove and Reconstruct PCC Driveway per SPPWC Std. 110-2 over 8" CMB
Refer to Technical Specifications Section 303-5

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Payment for REMOVE AND RECONSTRUCT PCC DRIVEWAY PER SPPWC STD. 110-2 OVER 8” CMB shall be per the Contract unit price per square foot, and shall include furnishing all labor, materials, tools, equipment, transportation, irrigation system restoration or relocation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 13 Install Liquid Applied Truncated Dome
Payment for INSTALL LIQUID APPLIED TRUNCATED DOME shall be per the Contract unit price per square foot, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 14 Remove Existing Wheel Stops
Payment for REMOVE EXISTING WHEEL STOPS shall be per the Contract unit price per each, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 15 Sawcut, Remove, and Replace 8" PCC Pavement over 8" CMB per Detail 1, Sheet ST-1.

Refer to Technical Specifications Section 303-5
Payment for SAWCUT, REMOVE, AND REPLACE 8” PCC PAVEMENT OVER 8” CMB PER DETAIL 1, SHEET ST-1 shall be per the Contract unit price per square foot, and shall include furnishing all labor, materials, tools, equipment, transportation, dowel bars, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 16 Remove ex. Longitudinal Gutter and Construct 3’ Wide PCC Longitudinal Gutter per SPPWC STD 122-3
Refer to Technical Specifications Section 303-5
Payment for REMOVE EX. GUTTER AND RECONSTRUCT 3’ WIDE PCC GUTTER PER SPPWC STD 122-3 shall be per the Contract unit price per linear foot, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 17 Remove ex. Upright Bollard, Foundation, and Fill with Two Sack Slurry
Payment for REMOVE EX. UPRIGHT BOLLARD, FOUNDATION, AND FILL WITH TWO SACK SLURRY shall be per the Contract unit price per each, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 18 Remove Ex. Bollard Foundation and Fill with Two Sack Slurry

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Payment for REMOVE EX. BOLLARD FOUNDATION AND FILL WITH TWO SACK SLURRY shall be per the Contract unit price per each, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 19 Remove Guard Rail and Fill with Two Sack Slurry Payment for REMOVE GUARD RAIL AND FILL WITH TWO SACK SLURRY shall be per the Contract unit price per lump sum, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 20 Remove Existing Fence and all Foundation, Backfill Two Sack Slurry and Install 8' High Typical Chain Link Fence without Barb Wire with Drive Gate per SSPWC. STD. 600-4 with ULINE Privacy Black Screen or Equal Payment for REMOVE EXISTING FENCE AND ALL FOUNDATION, BACKFILL WITH TWO SACK SLURRY AND INSTALL 8’ HIGH TYPUCAL CHAIN LINK FENCE WITHOUT BARB WIRE WITH DRIVE GATE PER SPPWC STD. 600-4 WITH ULINE PRIVACY BLACK SCREEN OF EQUAL shall be per the Contract unit price per linear foot, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 21 Signage and Striping
Refer to Technical Specifications Section 314-1
Payment for SIGNAGE AND STRIPING per sheets SS-1, SS-2, SS-3, SS-4, PA-3 and PA-4 including wheel stops, and red flashing beacons with flashing LED Stop sign shall be per the Contract unit price per lump sum, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Item No. 22 Furnish and Install Inductive Loop Detectors (Type E) Refer to Technical Specifications Section 700-5.8.2.1
Payment for FURNISH AND INSTALL INDUCTIVE LOOP DETECTORS (TYPE E) shall be per the Contract unit price per each, include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary for the intended operation as specified in this Specification, the Plans, and as directed by the Engineer. No separate payment shall be made therefore.

Item No. 23 Furnish and Install Inductive Loop Detectors (Type D) Refer to Technical Specifications Section 700-5.8.2.1
Payment for FURNISH AND INSTALL INDUCTIVE LOOP DETECTORS (TYPE D) shall be per the Contract unit price per each, and include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary for the intended operation as specified in

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this Specification, the Plans, and as directed by the Engineer. No separate payment shall be made therefore.

Item No. 24 Unclassified Excavation for Potential Unsuitable Material Only as Required
Refer to SSPWC Specifications Section 300-2
Payment for UNCLASSIFIED EXCAVATION FOR POTENTIAL UNSUITABLE MATERIAL ONLY AS REQUIRED shall be per the Contract unit price per cubic yard, and include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary for the intended operation as specified in this Specification, the Plans, and as directed by the Engineer.

No separate payment shall be made therefore.

Item No. 25 CMB for Potential Unsuitable Material Replacement Only as Required
Payment for CMB FOR POTENTIAL UNSUITABLE MATERIAL REPLACEMENT ONLY AS REQUIRED shall be per the Contract unit price per cubic yard, and include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary for the intended operation as specified in this Specification, the Plans, and as directed by the Engineer.

No separate payment shall be made therefore.

Item No. 26 Furnish and Plant 24” Box Brisbane Tree including installation of Root Barrier per SPPWC Std. 520-5 and 20 Gal Tree Gator for Each Tree and Grade “A” Top Soil to Match Adjacent Sidewalk Grade
Refer to SSPWC Specifications Section 801-4
Payment for FURNISH AND PLANT 24” BOX BRISBANE TREE INCLUDING INSTALLATION OF ROOT BARRIER PER SPPWC STD. 520-5 AND 20 GAL TREE GATOR FOR EACH TREE AND GRADE “A” TOP SOIL TO MATCH ADJACENT SIDEWALK GRADE shall be per the Contract unit price per each, and include installation of one (2) Brisbane Box (Lophostemon Confertus) Root Barrier per SPPWC Std. 520-5, 20 Gal Tree Gator for Each Tree, Class “A” Top Soil to match adjacent Sidewalk Grade, and furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary for the intended operation as specified in this Specification, the Plans, and as directed by the Engineer. Location for planting tree shall be per plan or per engineer’s direction to be in general location: street median at 950 Hermosa Ave. No separate payment shall be made, therefore.

Item No. 27 Remove up to 30” Dia. Tree Along with Roots. Prune Roots to 2’ Deep and Grade “A” Top Soil to Match Adjacent Sidewalk Grade Refer to SSPWC Specifications Section 401-8
Payment for REMOVE UP TO 30” DIA. TREE ALONG WITH ROOTS. PRUNE ROOTS TO 2’ DEEP AND GRADE “A” TOP SOIL TO MATCH ADJACENT SIDEWALK GRADE shall be per the Contract unit price per each and include prune roots to min. 3’ Deep and furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary for the intended operation as specified in this Specification, the Plans, and as directed by the Engineer. No separate payment shall be made therefore.

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Item No. 28 Remove and Install New Parking Meter Post.

Payment for REMOVE AND INSTALL NEW PARKING METER POST shall be per the Contract unit price per each and include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary for the intended operation as specified in this Specification, the Plans, and as directed by the Engineer. No separate payment shall be made therefore.

Item No. 29 Remove and Install New Pavers to Match Adjacent Grade.

Payment for REMOVE AND INSTALL NEW PAVERS TO MATCH ADJACENT GRADE shall be per the Contract unit price per square foot and include salvage and reinstall ex. signs/fixtures/street furniture, furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary for the intended operation as specified in this Specification, the Plans, and as directed by the Engineer. No separate payment shall be made therefore.

Item No. 30 Remove Ex. Curb and Construct 8” PCC Curb over 8” CMB per SPPWC STD. 120-3.

Payment for REMOVE EX. CURB AND CONSTRUCT 8” PCC CURB OVER 8” CMB PER SPPWC STD. 120-3 shall be per the Contract unit price per linear foot and include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary for the intended operation as specified in this Specification, the Plans, and as directed by the Engineer.

No separate payment shall be made therefore.

Item No. 31 Remove and Excavate Ex. Curb and Gutter and AC Pavement and Construct 4’ Wide PCC Cross Gutters and Spandrel over 8” CMB per SPPWC STD 122-

3. Payment for REMOVE AND EXCAVATE EX. CURB AND GUTTER AND AC PAVEMENT AND CONSTRUCT 4’ WIDE PCC CROSS GUTTERS OVER 8” CMB PER SPPWC STD 122- 3 shall be per the Contract unit price per square foot and based on flow line including all spandrels, furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary for the intended operation as specified in this Specification, the Plans, and as directed by the Engineer. No separate payment shall be made therefore.

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PART 2 – CONSTRUCTION MATERIALS
SECTION 200 – ROCK MATERIALS.
200-2 UNTREATED BASE MATERIALS.
200-2.1 General.

Replace the entire subsection with the following:

Materials for use as untreated base or subbase shall be crushed miscellaneous base.

SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS.
201-1 PORTLAND CEMENT CONCRETE.
200-1.1 General.

Add the following:

Concrete for sidewalk, curb, curb and gutter, driveway and local depression shall be concrete class 520-C-2500. Concrete for cross-gutters, spandrels, longitudinal gutters, alley aprons, and pavements shall be 5,000psi (3,000 psi @ 3days).
203-6 ASPHALT CONCRETE.
203-6.1 General.

Add the following:

Asphalt concrete shall be type ARHM-GG-C for surface courses and type B2-PG 64-10 for base courses. No reclaimed asphalt concrete material (RAP) is allowed. 203-11 ASPHALT RUBBER HOT MIX (ARHM)
203-11.3 Composition and Grading.

Add the following:

Asphalt rubber hot mix wet process shall be ARHM-GG-C.

SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS.
214-4 PAINT FOR STRIPING AND MARKINGS
214-4.1 General.

Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS
All pavement markers shall comply with Section 85 of the State of California Standard Specifications.

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214-6.3 Non-Reflective Pavement Markers
214-6.3.1 General.

All new non-reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers
214-6.4.1 General.

All retroreflective pavement markers shall be 3M Series 290 with glass-covered faces or approved equal.

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PART 3 – CONSTRUCTION METHODS
SECTION 300 – EARTHWORK.
300-1 CLEARING AND GRUBBING.
300-1.2 Root Pruning and Tree Trimming.

Replace the entire section with the following:
a. Equipment
Pruning of roots shall be done using a Vermeer trenching machine with a root pruning attachment or a comparable piece of equipment, as approved by the Engineer. The equipment shall safely cut a narrow trench four to six inches wide to accommodate the installation of the root barrier.

Where sidewalks, curb ramp, or curbs are removed, the roots can be severed at the point adjacent to the edge of the new sidewalk, curb ramp, or curb to be installed, using other pneumatic tools to make the break-out and removal work more efficient.

Any roots over three inches in diameter must be cleanly cut using a chain saw or other sawing tool before the barrier is installed and the trench backfilled. b. Execution
Tree roots and other objectionable material shall be removed from areas of construction to a depth of 6 inches below the bottom of concrete. Tree roots shall be removed from parkways if visible or if instructed by Engineer.

Cleanly cut roots do not need to be painted or treated in any way other than the installation of root deflection barrier.
300-1.4 Payment.

Replace the entire subsection with the following:

There shall be no separate payment for root pruning or tree trimming; all costs thereto shall be considered included in the Contract unit prices for the items of work for which the pruning or trimming is required.

There shall be no separate payment for clearing and grubbing; all costs thereto shall be considered included in the Contract unit prices for the items of work for which clearing and grubbing is required.

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SECTION 301 – SUBGRADE PREPARATION, TREATED MATERIALS, AND PLACEMENT OF BASE MATERIALS.
301-1 SUBGRADE PREPARATION.
301-1.1 General.

Add the following:

Base is required under all PCC and AC improvements as shown on the Plans.

A minimum of 4 inches of CMB shall be placed under sidewalks and access ramps.

A minimum of 8 inches of CMB shall be placed under curb, curb and gutter, longitudinal and cross gutter.
301-1.7 Payment.

Add the following:

There shall be no separate payment for placement and preparation of subgrade material under curb, curb and gutter, sidewalks, and access ramps; all costs thereto shall be considered included in the Contract unit prices for the items of work for which subgrade material is required.

SECTION 302 – ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.4 Tack Coat.

Replace the first sentence of the first paragraph with the following:

If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a tack coat of performance grade PG 64-10 paving asphalt conforming to 203-1 applied at an approximate rate of 0.25 L/m2 (0.05 gallon per square yard), or SS-1h emulsified asphalt applied at an approximate rate of 0.25 L/m2to 0.45 L/m2(0.05 to 0/10 gallon per square yard), shall be uniformly applied upon the existing pavement preceding the placement of the asphalt concrete.

Add the following paragraph:

A Tack Coat shall be applied between base and surface courses when the surface course is not placed immediately after the base course, and to existing paved surfaces where new asphalt concrete overlaps or abuts existing pavement. Tack Coat shall be as specified in Section 302-5.4.

There shall be no separate payment for Tack Coat.
302-5.5 Distribution and Spreading.

Add the following:

The surface course shall be flush with adjacent existing pavement surface. Maximum variance of 1/8”. Surface course adjacent to edge of gutter shall have a 3/8” lip over the top longitudinal edge of the gutter.

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Unless approved by the Engineer, the Contractor will not be allowed to deposit the A.C. material from bottom dump trucks into a windrow then pick up said material and convey it into the paving machine by an elevating device. All areas shall be paved by depositing the A.C. material from delivery trucks directly into the paving machine hopper.

If approval for the bottom dump operation is given, the Contractor shall furnish a rubber tired skip loader for distribution of any misplaced material.

No longitudinal cold AC joints shall be allowed on the project.

When terminating work for the paving operations for the day, the Contractor shall construct temporary hot-mix ramps at all vertical transverse joints. Debonding paper shall be used under the temporary ramp. Prior to resuming paving operations, the Contractor shall remove temporary hotmix ramps by sawcutting to provide for a vertical face and a full depth lift joint and apply a tack coat to the faces of the joint in accordance with SSPWC.

Asphalt concrete shall not be placed until the atmospheric temperature is a minimum of 13 C (55F) and rising, and the surface temperature of the underlying material is a minimum of 4 C (40F). Asphalt concrete shall also not be placed during unsuitable weather.

Fully automatic screeds will be required on this Project. A fully automatic screed shall have a sled,

9.1m (30 feet) in length, on the side of the machine, which will receive the next mat of material.

A joint maker, ski, etc., placed on the side of the machine to ride on the existing or previously constructed surface or mat of asphalt concrete material may be required as directed by the Engineer.
302-5.7 Joints. Add the following:

Join lines between successive runs shall be on lane lines. 302-5.8 Manhole (and other structures).

Add the following:

Contractor shall be required to protect and maintain existing utility access frames, grates, and lids during paving operations. No grade difference at lip, between utility frame and asphalt concrete finished grade pavement, shall be allowed. All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, and utility boxes and valve covers shall be adjusted to grade. 302-5.9 Measurement and Payment.

Add the following:

See Section 7 for payment details.
302-6 Portland Cement Concrete Pavement.
302-6.1 General. Add the following:

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Concrete used for concrete pavement and cross or longitudinal gutters shall reach a minimum compressive strength of 5,000 psi at 28 days (3,000 psi at 3 days). The Contractor shall submit a mix design in accordance with 201-1.1.6.3 of the standard specification. 302-9 ASPHALT RUBBER HOT MIX (ARHM).
302-9.8 Measurement.

Replace the first paragraph with the following:

ARHM will be measured by the ton, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents. 302-9.9 Payment.

See Section 7 for payment details.

SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION.
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.
303-5.1 Requirements.
303-5.1.1 General.

Add the following:

PCC access ramps, sidewalks, and driveways shall not be poured monolithically with any new concrete adjacent to them.

Concrete curbs, gutters, curb and gutters, sidewalks, cross gutters, and access ramps shall be constructed of Portland cement concrete of the class, compressive strength and other requirements prescribed in 201-1.
303-5.5 Finishing.
303-5.5.2 Curb.

Add the following:

Unless otherwise approved by the Engineer, the entire affected concrete curb or curb and gutter portion shall be removed by sawcutting the adjacent AC pavement two (2) feet from the edge of the area to be removed. The Contractor shall reconstruct this two-foot-wide section in accordance with Standard Plan 111-5 of the SPPWC or as directed by the Engineer.

Curb and curb and guttershall be constructed within 48 hours ofremoval ofsidewalks, ADA curb ramp, and curb and gutter in each location. Clearing and grubbing shall be in accordance with Subsection 300-1, per the SSPWC, including removal and disposal of materials, and pruning and removal of interfering tree roots underneath or adjacent to existing access ramp.

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The Contractor shall contact the Engineer a minimum of 24 hours prior to performing any excavations within a 25-foot radius of a street tree. Any damage to the street tree may result in tree replacement by Contractor or payment of replacement costs by Contractor based on the value of the damaged tree.

Pay limit for curb ramps shall be from the border grooves of changes of grade including retaining curb.
303-5.5.3 Walk.

Add the following:

Sidewalk shall be constructed within 48 hours of removal of sidewalksin each location. No more than two curb ramps at an intersection shall be inaccessible at any given time.

The Contractor shall remove all existing concrete sidewalk shown on the plans to the nearest control joint. Clearing and grubbing shall be in accordance with Subsection 300-1, per the SSPWC, including removal and disposal of materials, and pruning and removal of interfering tree roots underneath existing sidewalk or adjacent to sidewalk.

Finished surfaces shall match the finish and color of adjacent concrete.

The Contractorshall be responsible for protecting newly constructed concrete improvements from damage. Contractor shall remove and replace all concrete damaged priorto acceptance.Concrete shall be replaced score line to score line unless otherwise directed by the Engineer. Patching damaged concrete is not allowed.

The Contractor shall contact the Engineer a minimum of 24 hours prior to performing any excavations within a 25-foot radius of a street tree. Any damage to the street tree may result in tree replacement by Contractor or payment of replacement costs by Contractor based on the value of the damaged tree.

The expansion joint and weakened joint pattern shall be maintained and reconstructed, unless otherwise directed by the Engineer.

The Contractor shall mark all manholes, valves, substructures, survey monuments, vaults, utility boxes, or any other items that are visible on the surface and that will interfere with constructing a fully compliantsidewalk. The Contractor shall protect and adjust to grade any such items to match grade of the surrounding concrete to the satisfaction of the Engineer.

Vegetation interfering with construction operations shall be carefully trimmed without damaging the integrity of the vegetation. Vegetation, which must be removed for construction, shall be removed, and disposed of by the Contractor. TheContractorshall protect in place or reconstruct any irrigation lines and sprinkler heads hindering (and adjacent to) the construction activity area as directed by the Engineer. Damage to existing irrigation lines and sprinkler heads or realignment of irrigation system shall be replaced by the Contractor and the cost shall be included in the Contract unit prices for the items of work for which the removal and restoration are required.
303-5.5.5 Alley Intersections, Access Ramps, and Driveways.

Add the following:

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Unless otherwise approved by the Engineer, the entire affected concrete curb or curb and gutter portion shall be removed by sawcutting the adjacent AC pavement two (2) feet from the edge of the area to be removed. The Contractor shall reconstruct this two (2) foot wide section in accordance with Standard Plan 111-5 of the SPPWC or as directed by the Engineer.

Curb ramps shall be constructed within 48 hours of removal of sidewalks, ADA curb ramp, and curb and gutter in each location. Clearing and grubbing shall be in accordance with Subsection 300-1, per the SSPWC, including removal and disposal of materials, and pruning and removal of interfering tree roots underneath or adjacent to existing access ramp.

The Contractor shall contact the Engineer a minimum of 24 hours prior to performing any excavations within a 25-foot radius of a street tree. Any damage to the street tree may result in tree replacement by Contractor or payment of replacement costs by Contractor based on the value of the damaged tree.

Where necessary to match existing grades at the back or side of the ramp, the Contractor shall construct a rear curbforcurbramps.Curbheightshall be constructedtomatch existinggrade. Where existing walls are adjacent to curb ramp construction, the rear side curb shall be constructed to protect existing walls. Contractor shall protect in place existing vegetation and miscellaneous items adjacent to rear curb for access ramps adjacent to private property.

The Contractor shall mark all manholes, valves, substructures, survey monuments, vaults, utility boxes, or any other items that are visible on the surface and that will interfere with constructing a fully compliant curb ramp. The Contractor shall protect and adjust to grade any such items to match grade of the surrounding concrete to the satisfaction of the Engineer.

Vegetation interfering with construction operations shall be carefully trimmed without damaging the integrity of the vegetation. Vegetation, which must be removed for construction, shall be removed, and disposed of by the Contractor. The Contractor shall protect in place or reconstruct any irrigation lines and sprinkler heads hindering (and adjacent to) the construction activity area as directed by the Engineer. Damage to existing irrigation lines and sprinkler heads or realignment of the irrigation system shall be replaced by the Contractor and the cost shall be included in the Contract unit prices for the items of work for which the removal and restoration are required. The Contractor shall relocate existing facilities such as street sign poles that are within the curb ramp area that conflict with the new proposed improvement. Any damaged signs due to construction shall be replaced at the Contractor’s expense. The new location forsuch facility shall be as directed by the Engineer, if not already included in the plans, in the field and shall be within the general vicinity of the existing.

The Contractor shall tie down any survey monuments/markers obliterated during construction and reestablish said monuments/markers following construction.

Add the following subsections:
303-5.5.6 Detectable Warning Surface.

Access ramps shall have a single prefabricated piece detectable warning surface with dimensions of 36 inches (perpendicular to curb) by 48 inches (parallel to curb).

Detectable warning surface(s) shall be Armor-Tile Tactile Systems, Yellow Detectable Warning Tiles, or equivalent by a single manufacturer of Cast In Place Detectable/Tactile Warning Surface

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Tiles, cast-in-place, and installed per manufacturer’s recommendation. All material submittals must be submitted and approved by the Engineer prior to commencement of construction. The finished surfaces of the detectable warning tiles shall be free from blemishes. Panels may have embedded frames with replaceable surfaces or non-removable surfaces.

Tiles/Panels are to be cut so that they align flush with any curved edges or radius of the curb ramp.

Priorto constructing all cast-in-place detectable warning tiles, theContractor shall demonstrate the ability to produce a detectable warning tile conforming to the details shown on the plans and these special provisions by constructing a test panel at one of the curb ramp locations.

The manufacturer shall provide a written and signed 5-year warranty equal to or exceeding the remedies by Armor-Tile Tactile Systems for prefabricated detectable warning tiles (see appendix), guaranteeing replacement when there are defects in workmanship and material including deterioration, breakage and delamination. The warranty period shall begin upon acceptance of the Contract. A signed warranty shall be provided to the City prior to final progress payment and release of retention.
303-5.5.6.1 Quality Assurance.

Installer shall be an experienced installer qualified for installation, who has successfully completed installationssimilarinmaterial, design, and extent to that indicated for project.

Contractor shall use only approved DSAAC detectable warning products as provided in the California Code of Regulations (CCR) Title 24, Part 2, Cast In Place Detectable/Tactile Warning Surface Tiles shall be an epoxy polymer composition with an ultra violet stabilized coating employing aluminum oxide particles in the truncated domes or a homogenous glass and carbon reinforced composite, which is colorfast, and UV stable. The tile shall incorporate an in-line pattern of truncated domes measuring nominal 0.2” height, 0.9” base measured side by side and a center-to-center spacing of 1.67” minimum and 2.35” maximum. For safety, the field area shall consist of a non-slip surface with a minimum of 40 – 90 degrees raised points 0.045” high, per square inch; “Armor-Tile” as manufactured by Engineered Plastics Inc., ADA Solutions or approved equal.

Detectable/tactile warning surface tiles shall meet or exceed the following requirements:

1. Water Absorption of Tile when tested by ASTM D 570-98 not to exceed 0.07%

2. Slip resistance of tile when tested by ASTM C1028-96 the combined wet and dry static coefficient of friction not to be less than 0.80 on top of domes and field area when wet.

3. Compressive strength of tile when tested by ASTM D 695-02a not to be less than 28,000 psi.

4. Tensile strength of tile when tested by ASTM D 638-03 not to be less than 11,000 psi.

5. Flexuralstrength of tile when tested by ASTM D 790-03 not to be less than 25,000 psi.

6. Chemical stain resistance of tile when tested by ASTM D 543-95 (re- approved 2001) to withstand without discoloration or staining –10% hydrochloric acid, urine, saturated calcium chloride, black stamp pad ink, chewing gum, red aerosol paint, 10% ammonium

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hydroxide, 1% soap solution, turpentine, urea 5%, diesel fuel and motor oil or no deterioration per ASTM 1308.

7. Resistance to wear of unglazed ceramic tile by taber abrasion per ASTM C501-84 (reapproved 2002) shall not be less than 500.

8. Fire resistance of tile when tested to ASTM E 84-05 flame spread shall be less than 20.

9. Accelerated weathering of tile when tested by ASTM G 155 for 2000 hours shall exhibit the following result - DE<5.0, as well as no deterioration, fading or chalking of surface.

10. Salt and spray performance of tile when tested to ASTM B 117-03 not to show any deterioration or other defects after 200 hours of exposure.

11. Accelerated aging and freeze thaw test of tile and adhesive system when tested to ASTM D 1037-99 shall show no evidence of cracking, delamination, warp age, checking, blistering, color change, loosening of tile or other detrimental defects or no disintegration per ASTM 1026.
303-5.5.6.2 Site Conditions.

Maintain minimum temperature of 40 degrees Fahrenheit in spaces to receive Cast in Place Detectable/Tactile Warning Surface Tiles for at least 24 hours prior to installation, during installation, and for not less than 24hours after installation.

The use of water for work, cleaning, or dust control, shall be contained and controlled and shall not be allowed to come into contact with the general public. Provide barricades or screens to protect the general public.
303-5.5.6.3 Installation Procedure.

Installation shall be in strict accordance with manufacturer’s recommendations. During tile installation procedures, ensure adequate safety guidelines are in place and that they are in accordance with the applicable industry and government standards.

The specifications of the structural adhesives, fasteners, and related materials shall be in strict accordance with the Contract documents andthe guidelines set by their respective manufacturers.

The physical characteristics of the concrete shall be consistent with the Contract specifications while maintaining a slump range of 4 – 7 to permit solid placement of the Cast-In-Place Tile System. An overly wet mix will cause the Cast-In-Place System to float. Under these conditions, suitable weights such as 2 concrete blocks or sandbags (25 lb.) shall be placed on each tile.

The concrete pouring and finishing operationsrequire typicalmason’stools, however, a smart level with electronic slope readout, 25 lb. weights, and a large rubber mallet can be used for the installation of the Cast-In-Place System. A vibrating mechanism such as that manufactured by Vibco can be employed, if desired. The vibrating unitshould be fixed to a soft base such as wood, at least 1-foot square.

The factory-installed plastic sheeting must remain in place during the entire installation process, to prevent the splashing of concrete onto the finished surface of the tile.

When preparing to set the tile, it is important that no concrete be removed in the area to accept the

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tile. It is imperative that the installation technique eliminates any air voids under the tile. Holes around the tile perimeter allow air to escape during the installation process. Concrete will flow through the large holes in each vane on the underside of the tile. This will lock the tile solidly into the cured concrete.

The concrete shall be poured and finished true and smooth to the required dimensions and slope priorto the tile placement. Immediately afterfinishing concrete, the electronic levelshould be used to check that the required slope is achieved. The tile shall be placed true and square to the curb edge in accordance with the Contract drawings. The Cast-In-Place Tiles shall be tamped (or vibrated) into the fresh concrete to ensure that the field level of the tile is flush to the adjacent concrete surface. The Contract drawings indicate that the tile field level (base of truncated dome) is flush to adjacent surfaces to permit proper water drainage and eliminate tripping hazards between adjacent finishes. The tolerance for elevation differences between tile and adjacent surface is 1/16”.

Immediately after tile placement, the tile elevation is to be checked to adjacent concrete. The tile elevation and slope should be set consistent with Contract drawings to permit water drainage to curb as the design dictates.

While concrete is workable, a 3/8” radius edging tool can be used to create a finished edge of concrete. A steel trowel can be used to float the concrete around the tile’s perimeter, flush to the field level of tile.

During and after the tile installation and the concrete curing stage, it is imperative that there is no walking, no leaning or external forces placed on the tile to rock the tile, causing a void between the underside of tile and concrete.

Following tile placement, review installation tolerancesto Contract drawings and adjust tile before the concrete sets. Two suitable weights of 25 lb. each can be placed on each tile as necessary to ensure solid contact of the underside of tile to concrete.

Following the curing of the concrete, protective plastic wrap isto be removed from the tile face by cutting the plastic with a sharp knife, tight to the concrete/tile interface. If concrete bled underthe plastic, a soft wire brush will clean the residue without damage to the tile surface.

Tiles can be cut to custom sizes, or to make a radius, using a continuous rim diamond blade in a circular saw or mini grinder. Use of a straightedge to guide the cut is advisable whereappropriate.

Any sound-attenuating plates on the underside of the tile, which are dislodged during handling or cutting, should be replaced, and secured with construction adhesive. The air gap created between these plates and the bottom of the tile isimportant, in preserving the detect-ability properties ofthe Armor-Tile System.
303-5.9 Measurement and Payment.

Replace the entire section with the following:

See Section 7 for payment details.

There shall be no separate payment for removal of curb or curb and gutter adjacent to an existing access ramp; all costs thereto shall be considered included in the Contract unit prices for the items of work for which the removal is required.

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There shall be no separate payment for adjusting miscellaneous facilities to grade outside of curb ramp area; all costs thereto shall be considered included in the Contract unit prices for the items of work for which the adjustment is required.

There shall be no separate payment for adjusting miscellaneous facilities to grade within access ramps; all costs thereto shall be considered included in the Contract unit prices for the items of work for which the adjustment is required.

SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS.
314-1 GENERAL.

Replace the last paragraph with the following:

Traffic striping, pavement legends and raised pavement markers shall be installed in accordance with the latest version of the California MUTCD, the Caltrans Standard Plans and Standard Specifications sections 84 and 85.

Add the following subsection:
314-1.1 PAYMENT.

See Section 7 for payment details.
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.
314-2.1 General.

Replace the first paragraph with the following:

Striping and markings shall be removed by wet sandblasting and all sand shall be removed without delay as the sandblasting operation progresses. All sand blasted asphalt pavement shall be sealed with an asphalt emulsion (SS-1H Emulsified Asphalt). The Contractor shall remove and replace any new construction work that has been altered by graffiti markings and blemishes at no additional cost to the City. Temporary painted striping shall be placed within 24 hours of removal.

Stop bars and crosswalks shall not remain unpainted overnight.

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PART 4 – EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION.

Add the following subsections:
400-2 PERMANENT SURVEY MARKERS.

Add the following after the first paragraph:

The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall:
a.) Set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed,
b.) File a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and
c.) File a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments).

The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor’s Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration.

Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work.

Prior to any demolition work, the Contractor shall prepare and submit Corner Records for review by the City a minimum of (3) working days before the anticipated Work. 400-3 PAYMENT.

Replace the last sentence with the following:

Permanent survey markers will be restored by the Contractor at its own expense.

See Section 7 for payment details.

Add the following subsections:
400-4 TREES.

The Contractor shall take care to protect all trees not approved for removal by the Engineer.

There shall be no separate payment for protection of existing trees; all costs thereto shall be considered included in the Contract unit prices for the items of work for which the protection is required.
400-5 SIGN POST.

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Contractor shall remove existing sign post from parkway when shown on plans to be removed by excavating to a depth necessary to remove the post and any existing foundation or anchoring assembly. Contractor shall protect and store the existing post and signs for reinstallation.

Contractor shall install a new anchoring assembly and reinstall the existing post with signs.

Contractor shall obtain approval by the Engineer of sign placement before permanently installing the new post. All signs and posts shall be reset the same day as the existing signs and posts are removed.

The bottom of the lowest sign shall be 7 feet above the sidewalk, if applicable. The lowest sign can be lower if in the parkway as approved by the Engineer.

See Section 7 for payment details.

SECTION 401 – REMOVAL
401-8 TREES.

The Contractor shall notify the Public Works Inspector 48 hours prior to beginning any work performed under this specification.

The Contractor shall notify all affected property owners, in writing, of the proposed construction 72 hours prior to beginning any work. The notification shall be in the form of fliers. The City Construction Notice Template is attached in Exhibit C; template shall be modified by the Contractor and sent to the Engineer for review and approval. Contractor shall distribute notices to residents and commercial establishments affected by the construction once approved by the Engineer.

The Contractor shall be responsible for the removal of any trees adjacent to repair, removal, and/or replacement sites which, in the opinion of the City, require root loss that would mortally wound the tree, or result in destabilizing the tree to an unacceptable level.

Where a tree to be removed in close proximity to an overhead utility line or guy line, extreme caution shall be taken to avoid damage to these lines. Any damage that does occur shall be promptly reported to the City Police Department, and to the utility company that is involved. The cost of repair of the damage will be at the Contractor’s expense.

If damage occurs to any adjacent shrubs or trees that are to remain, immediate treatment or necessary replacement of same type of shrubs or trees shall be carried out under the direction of the City at the Contractor’s expense.

Where shown on the Plans, or as requested by the Engineer, tree removal shall consist of notifications; cutting and complete removal of the tree stump, branches, and large roots (those with a diameter larger than one inch) to a minimum depth of 24 inches from top of curb; excavation; hauling; disposal; backfill; and restoration of removal area. Stump grindings will be removed and replaced with Class A topsoil to grade within the tree well or parkway.

SECTION 402 – UTILITIES
Add the following subsections:

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402-7 ADJUSTING OF UTILITY COVERS.

The Contractor shall mark, as approved by the Engineer, all manholes, valves, pull boxes, or other items that are visible on the surface and that can be damaged or covered with AC or PCC by Contractor's operations. Marking and an inventory record shall be completed prior to the start of pavement / hardscape operations and approved by the Engineer.

All City utility covers within the streets to be resurfaced shall be adjusted to grade within five (5) working days after construction of the final resurfacing materials.

For the existing pull box to be relocated as indicated on the plan, Contractor shall carefully remove the existing pull box, contact City / utility company if the pull box is damaged during removal and/or require replacement due to poor existing condition. Existing pull box damaged by Contractor shall be replaced in kind at Contractor’s expense. The new location of the pull box shall follow the plan or approved by the Engineer before permanent installation. The pull box shall be reinstalled flush to surrounding grade.

The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. 402-8 PAYMENT.

See Section 7 for payment details.

SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION
403-1 GENERAL.

Utility manhole and vault frames and covers within an area to be paved or graded will be set by the owners thereof to finished grade. Sewer and storm drain manhole frames within the area to be paved or graded shall be set to finish grade by the Contractor. The Contractor shall remove all debris from the interior of manholes and shall clean all foreign material from the top of the frames and covers.
403-4 MEASUREMENT.

Manhole adjustment and reconstruction will be measured by each.

SECTION 404 – COLD MILLING
404-1 GENERAL.

Add the following after the third paragraph:

Cold Milling shall include edge milling, header milling and profile milling as necessary to provide the required grades and allow for a smooth pavement profile in preparation for asphalt concrete

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overlay paving. Milling limits shown on the plans are approximate. The Engineer may direct the Contractor to cold mill in other areas, as necessary for construction. Some adjustment of limits and depths will be necessary to accommodate paving requirements. Any items damaged unintentionally during the cold milling process shall be replaced at the Contractor's expense.

There are areas within the project that require cold milling which are inaccessible to the type of milling machine as described herein above. Some of these areas include local depressions, curb returns, curbs without gutters, utility manholes and vaults. The Contractor shall be required to use a smaller hand machine or other device to cold mill the required horizontal limits and depth at those locations.
404-11 MEASUREMENT.

Replace the entire subsection with the following:

Cold milling shall be measured per square foot.
404-12 PAYMENT.

Add the following:

See Section 7 for payment details.

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PART 6 – TEMPORARY TRAFFIC CONTROL
SECTION 600 – ACCESS.
600-1 GENERAL.

Add the following:

Access to street intersections, public and private parking lots, commercial businesses, residences, and other public and private properties shall be maintained at alltimes.At least 72 hoursin advance of commencing any work that may affect the access to private properties, the Contractor shall provide construction notices to adjacent residential properties, and commercial establishments.

The Construction Notice template (attached on “Exhibit C Construction Notice Template”) shall be modified by the Contractor and sent to the engineer for review and approval. The Contractor shall distribute notices to residents and commercial establishments affected by construction once approved by the Engineer. Vehicular access to and from commercial and residential driveways and parking lots shall be maintained at all times, except when performing items of work which cannot be accomplished without access restriction.

When access must be restricted, as determined by the Engineer, it shall occur only for the time period required to accomplish the particular item of work.

Modifications to traffic control shall be performed to correct any deficiencies in traffic flow (vehicular, bicycle, pedestrian, etc.) as deemed necessary by the Engineer or Public Works Inspector. All traffic lanes shall be open for public use on the days and at the times specified below:

1. Saturdays, Sundays, and legal holidays: from 12:00 a.m. to 11:59 p.m., except as agreed to in writing by the Engineer

2. Fridays and any day preceding a legal holiday: from 5:00 a.m. to 11:59 p.m., except as agreed to in writing by the Engineer

3. All days not covered in 1 and 2 above: 7:00 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m., except as agreed to in writing by the Engineer

4. Non-construction hours: all hours when the Contractor's employees are not physically present at the construction site actively performing Contract work.

5. In the vicinity of any Elementary or Middle School, the Contractorshall determine arrival and departure times of said school and shall provide for adequate traffic control for any school age pedestrian and/or bicycle routes to the school during the arrival and departure periods. The submittal of traffic control plans shall include arrival and departure times for each school. At no time will traffic control be allowed in the immediate vicinity so as to cause a hazard to a school pedestriancrosswalkduringarrival anddeparture timeperiods.

On those days and hours when closure of traffic lanes is not prohibited under the provisions of the preceding subparagraph A, no more than one lane may be closed at any time during construction hours. During any lane closure, Type IIflashing arrow boardsshall be used in accordance with the most recent Edition of the Manual on Uniform Traffic Control Devices (MUTCD), the California Supplement to the MUTCD hereinafter referred as CAMUTCD issued by the State of California.

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SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES.
601-1 GENERAL.

Replace the first paragraph with the following:

All work required formaintaining and controlling traffic shall conform to the most recent Edition of the Manual on Uniform Traffic Control Devices (MUTCD), the California Supplement to the MUTCD hereinafter referred as CAMUTCD issued by the State of California, Department of Transportation (Caltrans), and the "Work Area Traffic Control Handbook," published by Building News, Inc.

The Contractor shall be responsible for preparation and submittal of traffic control plans signed and sealed by a registered civil or traffic engineer for review by the City. The traffic control plans shall include the proposed sequence of work, detour details as needed in the vicinity of work during which time work is restricted.

Add the following:

All construction work and traffic control shall be scheduled and constructed to provide for a minimum of inconvenience and a maximum of safety to the public vehicular, bicycle and pedestrian traffic.

The Contractor shall be responsible for the protection of vehicular, bicycle and pedestrian traffic until the work called for in the Plans, the Standard Specifications, and Special Provisions have been accepted by the Engineer.

The Contractor shall notify the Engineer of intent to begin work following notice to proceed before work is to begin. The Contractor shall cooperate with the Engineer relative to handling traffic through the area and shall make all arrangements relative to keeping the working area clear of parked vehicles.

Contractor's equipment and personal vehicles of theContractor's employees shall not be parked on the traveled way nor on any section where traffic is restricted at any time.

During any period when two-way traffic is not provided, as approved by the engineer, the Contractor shall employ flaggers to control traffic through the construction zone.

The Contractor shall notify the Engineer of any operation that will affect two-way flow of traffic more than five minutes for every half hour of working time, at least two working days in advance of such operation. Submitted traffic control plans must be signed/stamped by a licensed Traffic Engineer.

If the Contractor fails to maintain and control traffic at any time during the construction period such that the safety to public vehicular, bicycle and/or pedestrian traffic is compromised in any way in the opinion of the Engineer or the City Police Department, the City will require the Contractor to stop work and open all traffic lanes, or immediately modify the traffic control plan, subject to approval by the City, to ensure that the unsafe situation is corrected. If, due to the nature of the work, it is impossible to open all traffic lanes, or the Contractor is unable to immediately modify the traffic control plan to restore safe and adequate traffic control, the City may mobilize

SP-46
emergency forces to re-establish adequate and safe traffic control. The emergency forces may include Police Department, Maintenance Services Division, Engineering Division,Contractors or consultants hired by the City or other personnel asrequired to re-establish adequate and safe traffic control.

The Contractor shall pay for the full and complete time and material cost for any emergency response by City forces and firms hired by the City as described herein. This paymentshall be in addition to the liquidated damages provided for in Section 6-9 of these specifications. Contractor agrees to pay such costs as provided for in this paragraph, and in case the same are not paid, Contractor agreesthat City may deduct the amount ofsuch costsfrom any money that is due or that may be due the Contractor under the Contract. The Contractor shall not be entitled to any delay claims for work stopped by the City in order to correct an unsafe traffic condition, regardless of whether traffic control was set up in accordance with an approved traffic control plan.

Full compensation for providing and implementing Traffic Control Plans shall be included in the Contract Lump Sum price bid for traffic control, including correction update, and no additional compensation shall further be allowed.
601-3.5 Signs and Signage.
601-3.5.1 General.

Replace the entire subsection with the following:

Signs shall conform to the most recent Edition of the Manual on Uniform Traffic Control Devices (MUTCD), the California Supplement to the MUTCD hereinafter referred as CAMUTCD issued by the State of California, Department of Transportation (Caltrans), and the "Work Area Traffic Control Handbook," published by Building News, Inc. Each sign shall consist of a base, standard or framework, and a sign panel. Sign units shall be capable of being delivered to the work site and placed into immediate operation.

Signs shall include all temporary signs required for the direction of traffic through or around the work site. Sign placement shall conform to the documents listed above and the Traffic Control Plan.

Advance warning signs shall be provided with orange warning flags in advance of temporary stop signs. Temporary stop signs are required any time a traffic signal is dark. Temporary stop signs shall be mounted at 7 feet high.

The Contractor shall post standard "NO PARKING" construction zone signs 72 hours prior to construction, not more than 50 feet apart within the work area, showing the date and time of construction. “NO PARKING” signs are to have the language “By order of the H.B.P.D. 318- 0360 CVC 22658 / HBMC 10.32.220 & 10.12.040” on the signs. Signs can be obtained from the City.

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601-3.6 Channelizing Devices.
601-3.6.1 General.

Add the following:

Channeling devices shall be spaced as necessary for proper delineation; however, in no case shall the spacing between portable delineators exceed 25 feet on tangents or 10 feet on curves.

Fluorescent traffic cones shall be new or reconditioned, and of good commercial quality flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be a highly pigmented fluorescent orange polyvinyl compound.The overall height ofthe cone shall be at least 28 inches. The base shall be of sufficient weight and size orshall be anchored in a mannersuch that the traffic cone will remain in an upright position.

The fluorescent traffic cones shall be spaced as necessary for proper delineation; however, in no case shall the spacing between fluorescent traffic cones exceed 25 feet on tangents or 10 feet on curves.

Only one type of channelizing device shall be used at any one time.

Channelizing devicesshall be placed at all locationsshown on theTraffic Control Plan and at such locations as directed by the Engineer.

Channelizing devices shall be left in place at their designated locations, maintained,repaired, and replaced asrequired untiltheirremovalis approved by the Engineer.

If the channelizing devices are damaged, or are not in an upright position, for any reason, said devices shall immediately be replaced, or restored to their original locationsin an upright position, by theContractor, 24 hours per day, 7 days per week for as long as required by the City.

Payment for temporary traffic channelizing devices shall be made per the Contract bid price for TRAFFIC CONTROL on a lump sum basis and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.

Should the Engineer require any modifications to the traffic control, such changes shall be implemented at no additional cost to the City.
601-3.7 Traffic Sign Enhancement Devices
601-3.7.5 Portable Changeable Message Signs (PCMS)
Add the following paragraph
Prior to the construction, a minimum of four portable changeable message boards, and other necessary safety measures, shall be provided for the protection of the motoring public within the construction zone, minimum one (1) week in advance. The specific locations and directional placement of the message boards shall be determined by the City Engineer, with the flexibility for relocation as needed to address changes in construction zones or traffic conditions throughout the project.

Add the following subsection:

SP-48
601-7 PAYMENT.

Payment for all temporary traffic control shall be made on a lump sum basis, see section 7.

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PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
SECTION 700 – MATERIALS
700-5 TRAFFIC SIGNAL MATERIALS.
700-5.8 Detectors.
700-5.8.2 Inductive Loop Detectors.
700-5.8.2.1 General.

Add the following:

Detector loop configuration shall be Type E unless otherwise shown on the plan, in the Special Provisions, or as directed by the Engineer.

Loop detector installation shall conform to the provisions in Section 87-1.03F, “Conductors and Cable Installation”, of the Caltrans Standard Specifications.

Detector loop saw slots shall be laid out and painted on the roadway by the Contractor. Obtain City approval prior to saw-cutting. The additional length of loop wire between loop and lead-in cable shall be twisted together into a pair (at least 2 turns per foot) before being placed in the slot and conduit to termination pull box.

Where sawed slots cross two different types of pavement material or concrete- or slurry-backfilled conduit trench, or two different panels of P.C.C. pavement, a 3/4-inch PVC pipe shall be installed across the joint, as shown in "Curb Termination Details Type B" on Standard Plan ES-5D, to contain the loop conductors and act as an expansion/deflection fitting. Splices in loop detector circuits shall not be allowed.

If the contractor damages any existing loops during their operation the loop repair shall be performed in accordance with this specification at no additional cost to the City. 700-5.8.2.3 Conductors
Add the following:

Detector loops wire shall be Type 2.

Detector loops lead-in cable shall be Type B.

Detector loops curb terminations shall be Type A in accordance with the Revised Standard Plan ES-5D. The conduit shall extend 18 inches into the paved roadway. 700-5.8.2.4 Sealants
Add the following:

Loop sealant shall be the elastomeric sealant type per Section 86-1.02W(3), “Elastomeric Sealant”, of the Revised Standard Plans unless otherwise directed by the Engineer. Loop conductors and sealant shall be installed on the same day the loop slots are cut.

Add the following subsection:

SP-50
700-5.8.2.5 Measurement and Payment.

See Section 7 for payment details.

SP-51
PART 8 – LANDSCAPING AND IRRIGATION
SECTION 800 – MATERIALS.
800-1 LANDSCAPING MATERIALS.
800-1.1 Topsoil.

Add the following:

Class “A” topsoil shall be used where topsoil/parkway fill is indicated on the Plans or as directed by the Engineer.
800-1.4.2.1 DELIVERY, STORAGE, AND HANDLING OF TREES
Trees shall not be pruned before delivery. Contractor shall protect trunks, fronds, growing tips, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage during transport. Tree shall not be bent or bind-tie trees in such a manner as to destroy natural shape. Trees shall be covered and protected during delivery.

Immediately after digging field-grown trees wrap root systems in wet burlap or other suitable material to keep root system constantly moist until installation at the project site. Deliver freshly dug field-grown trees with firm, natural balls of earth of sufficient depth to include fibrous and feeding roots. Protection of trees during harvesting, transport, and storage shall be the Contractor’s responsibility. Contractor shall investigate the specific species requirements of storing prior to performing any Work.

Handling Trees:

Lift and handle trees with extreme care. Remove wrappings or containers (where applicable) carefully. If root ball is cracked or broken during handling, tree will be rejected and a new one shall be furnished by the Contractor at no additional cost to the City. a. Handle container-grown tree(s) only by its container. b. Contractor shall not handle tree(s) by its fronds or root ball. c. Contractor shall not drop any tree(s).
d. Contractor shall not bind or handle tree(s) directly with wire or rope at any time. Pad trunk of tree(s) whenever using hoisting cables, chains, slings, or straps. e. Climbing Spikes: Use of climbing spikes for any work performed on tree(s), pre or postinstallation, is prohibited. f. Should Contractor engage in handling any tree(s) by unacceptable method(s) the City shall reserve the right to reject any of the mishandled tree(s). Contractor shall replace rejected tree(s) with approved tree, at no additional cost to the City. g. Deliver tree(s) only after preparations for planting have been completed and a minimum amount of time elapses between delivery to site and installation. If planting is delayed more than six (6) hours after delivery, set tree(s) in shade, protect from weather and

SP-52
mechanical damage, and keep roots moist. Do not remove container-grown tree stock from containers before time of planting.
h. Labeling: For all field-dug tree(s), attach label to tree showing genus, species, variety, height, name of grower point of origin. For containerized tree, furnish standard products in standard containers bearing original labels. Legibly show genus, species, variety, and name of grower.

SECTION 801 – INSTALLATION.
801-2 EARTHWORK AND TOPSOIL PLACEMENT.
801-2.1 General.

Add the following:

The Contractor shall fill the existing parkway with clean Class “A” topsoil, as defined by the SSPWC, to match adjacent sidewalk grade(s) as indicated on plans or directed by Engineer.

Payment for FURNISH AND PLACE PARKWAY TOPSOIL TO MATCH ADJACENT SIDEWALK GRADE shall be included in the Contract unit price of sidewalk, ADA ramp, curb and gutter and driveways, and shall include furnishing all labor, materials, tools, equipment, transportation, damaged irrigation system restoration and relocation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the Contract Documents.
801-4 PLANTING.
801-4.5 Tree and Shrub Planting.

Replace the entire subsection with the following:

Installation practices of the trees shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practices.

Soil moisture levels prior to planting shall be no less than seventy-five percent (75%) of field capacity. The determination of adequate soil moisture for planting shall be in the sole judgment of the Public Works Inspector, and their decision shall be final. a. If the soil moisture level is found to be insufficient for planting installation, planting pits shall be filled with water and allowed to drain before commencing planting operations. b. Any planting area that may become compacted in excess of eighty-five-percent (85%) relative compaction (due to construction operations or other activities during the Contract) shall be tilled and thoroughly cross-ripped to a minimum depth of nine-inches (9”) to alleviate the condition, taking care to avoid all existing subsurface utilities, drainage, etc. c. Contractor shall notify the Engineer, in writing, on the anticipated commencement date and length of duration of the landscape installation.
d. Contractor shall confirm with the Engineer locations of all trees prior to planting. e. No more plant materials and trees shall be distributed in the planting area on any day than can be installed and watered on that day. Trees shall be planted and watered immediately after the removal of their containers, as applicable.

SP-53
f. Contractor shall protect existing and new improvements and systems installed prior to planting installation, and shall protect in place until completion of work. g. Planting holes shall be approximately square with vertical sides twice the depth and width of the plant container or ball, and shall larger if necessary to permit handling and planting without injury or breakage of the root ball or root system. h. The native soil at the bottom of planting holes shall be scarified to a depth of 6”. i. A layer of prepared soil mix shall be deposited in the planting hole. j. The tree shall be set approximately at the center of the hole. k. Prepared soil mix shall be deposited in the remainder of the hole to finish grade. l. The backfill shall be thoroughly water-settled and additional prepared soil mix added to fill any remaining void below finish grade.
m. Planting holes shall be backfilled with a prepared soil mix. Soil shall consist of 50% of the specified topsoil, and 50% organic soil amendment.

SP-54
PART 9 – SPECIFIC CONDITIONS
SECTION 900 – CONSTRUCTION MANAGEMENT.
900-1 Phasing and Sequencing of Work .
900-1.1 Phases of Work
Phase 1- Concrete Improvements- Contractor shall complete concrete improvements along Pier Avenue and Parking Lot “A” prior to commencing concrete work at other listed locations.

Contractor will be permitted to complete concrete improvements at other listed locations only after completion of Phase 1 and during Phase 2. During this phase, the Contractor shall complete any necessary temporary lowering or covering the manhole to facilitate the grinding and paving operations.

Phase 2- Contractor shall complete paving rehabilitation of Pier Avenue and Parking Lot “A”.

Paving along Pier Avenue shall be completed prior to start of paving rehabilitation at Parking Lot “A”.

Phase 3- Completion of work at other listed locations per plans and specifications.

The Contractor is responsible for production and submittal of traffic control plans in accordance with the requirements of the Special Provisions. Traffic control plans shall be considered a construction submittal subject to review by the Engineer. 900-1.2 Sequencing of Work
900-1.2.1 Asphalt Concrete Pavement Rehabilitation ( Pier Avenue and Parking Lot “A”)
The contractor shall complete pavement rehabilitation ( cold mill and overlay) work along Pier Avenue from Pacific Coast Highway to Hermosa Avenue within five (5) consecutive working days. Similarly, paving rehabilitation (cold mill, and overlay) of Parking Lot “A” shall be completed within five (5) consecutive workings days. 900-1.2.2 Asphalt Concrete Pavement Rehabilitation (Other Locations) Streets shall be paved within two (2) working days after completion of cold milling and full-depth repairs, if any. Streets shall not be left unpaved during weekends (Saturdays and Sundays) or during City recognized holidays. All cold milled areas shall be paved by 3 pm on Fridays.
900-1.2.3 Portland Cement Concrete Pavement

SP-55
For those streets designated for full-width reconstruction, contractor shall complete reconstruction of pavement one half of the street at a time. Contractor shall provide adequate traffic control measures in place for safe vehicular and pedestrian traffic.

Driveway access shall be maintained overnight and during concrete curing period, using temporary access by installing steel plates or other approved means.

On final paved streets, final striping, pavement markings, and legends shall commence within one (1) week (five consecutive working days) of completion of final paving and be completed within two (2) consecutive working days thereafter. 900-1.2.4 Pavement Striping and Marking
Immediately after completion of paving, temporary striping shall be installed.

Temporary tabs shall be placed to delineate lane lines, crosswalks, stop legends, stop bars, limit lines, and all other markings and legends as necessary.

Work related to installation of permanent striping, pavement markings, and legends shall commence within five (5) consecutive working days after completion of final paving and be completed within two (2) consecutive working days. 900-2 Procore Software
The contractor shall use the Procore construction management software (with account for the project made available by the City at no additional cost) for various construction management activities related to the project including but not limited to submission of schedules, project material submittals, and RFIs. Project documents, including plans and specifications, will also be made available on Procore for the contractor’s use for the duration of the project.

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EXHIBIT “A” – SCHEDULE OF PERFORMANCE
CIP No. 105 & 695
Annual Street Improvements and Parking Lot A Improvements SECTION 1. BEGINNING OF WORK, TIME OF COMPLETION

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

2. The Contractor shall complete work within 75 working days after receiving the "Notice to Proceed".

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

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EXHIBIT “B” – SOLID WASTE REPORTING
CIP No. 105 & 695
Annual Street Improvements and Parking Lot A Improvements

SOLID WASTE REPORTING
Pursuant to the California Integrated Solid Waste Management Act of 1989, the City is required to report the amount of solid waste generated within the City and the disposal of that waste with the ultimate required goal of being a reduction of at least 50% in the amount of solid waste being disposed in landfills. To permit the City to comply with this State law, the Contractor is required to complete the Solid Waste Report form, a copy of which is included in these special provisions.

The report includes a summary of the solid waste generated by the project, a summary of solid waste disposed of at class III landfills and a summary of solid waste diverted form disposal through recycling and re-use. The Contractor may use a self-generated report format that includes all of the information included on the City form.

The report shall be filed with the City after project completion and prior to final payment. If the project time span includes more than one calendar year, a separate report is required for the solid waste in each calendar year. A report for a calendar year that does not coincide with project completion shall be filed with the City on or before January 31st.

Supporting documents to be submitted with the report shall include legible copies of weigh tickets, receipts, or invoices that specifically identify the job site location that generated the waste materials. If materials are taken to a location where weigh tickets, receipts, or invoices are not available, the Contractor shall provide the documentation on its own company letterhead.

The Contractor is encouraged to divert solid waste from disposal at landfills through recycling and re-use when possible while maintaining compliance with all other Contract specifications and special provisions.

SP-58

SP-59
EXHIBIT “C” – CONSTRUCTION NOTICE TEMPLATE

COMPANY LETTERHEAD

NOTICE OF WORK/CONSTRUCTION
Name of Project Date of Notice
Dear Residents and Businesses (if applicable):

Provide a brief description of the work that is to be performed. Four to five sentences should suffice.

What: Provide a brief description of what
is happening. One sentence should suffice.

Start/Duration: When is the project
expected to start and how long is it
anticipated to take for it to be completed?
If there are different phases, indicate the
estimated time.

What to Expect: Will there be noise? Will
there be flaggers directing traffic? Will
residents have access or will it be a full
closure? Will parking be temporarily
blocked? Include enough details.

Equipment in Use: What kind of
equipment will be seen?
Working Hours: What are the working
hours and days?
Contact Information
Always include contact information for residents and business owners in case they have questions or concerns.

We apologize for any inconvenience and thank you for your patience. Sincerely, Contractor Name
Map detailing what
streets will be closed.

SP-60
EXHIBIT “D” – TRUCK ROUTES

TRP17-24-0029
City of Hermosa Beach
State of California - California Environmental
Protection Agency
CalRecycle 110 (Rev 10/19)
Department of Resources Recycling and
Recovery (CalRecycle)
Grant Agreement Cover Sheet
Grant Number
TRP17-24-0029
Name of Grant Program
2024-25 Rubberized Pavement Grant Program
Grantee Name
City of Hermosa Beach
Taxpayer's Federal Employer Identification Number
Total Grant not to Exceed
$50,000.00
Start of Grant Term
Notice to Proceed Email Date
End of Grant Term
April 01, 2027
The Department of Resources Recycling and Recovery (CalRecycle) and City of Hermosa Beach (the “Grantee”), in mutual consideration of the promises made herein, agree to comply with the provisions of this Agreement, which consists of this Grant Agreement Cover Sheet and the following Exhibits, which are incorporated by this reference and made a part of this Agreement as if attached hereto:

Exhibit A – Terms and Conditions
Exhibit B – Procedures and Requirements
Exhibit C – Application with revisions, if any, and any amendments This Agreement is of no force or effect until signed by both parties. Grantee shall not commence performance until it receives written approval from CalRecycle. In witness whereof, the parties hereto have executed this Agreement as of the dates entered below.

TRP17-24-0029
City of Hermosa Beach
Department/Grantor Name Grantee Name
CalRecycle City of Hermosa Beach
Signature of CalRecycle’s Authorized
Signatory
Signature of Grantee’s Authorized Signatory
(as authorized in Resolution, Letter of
Commitment, or Letter of Designation)
X
Printed Name of CalRecycle’s Authorized
Signatory
Printed Name of Grantee’s Authorized
Signatory
Brandy Hunt
Title Title
Deputy Director, CalRecycle
Date Date
Grantee Payment Address
Public Works
1315 Valley Dr
Hermosa Beach, CA 90254
Revised Grantee Payment Address (if needed)

TRP17-24-0029
City of Hermosa Beach
Certification of Funding
Amount Encumbered by
this Agreement
Prior Amount Encumbered for
this Agreement
Total Amount
Encumbered to Date
$50,000.00 $50,000.00
Grant Year/Program Chapter Statute Year
2024-25 Rubberized
Pavement Grant Program 22 2024
Org Code Reference Fund
3970 101 0226

Enactment Year Fiscal Year Fund Title
2024 2024-25 TIRE
Fi$Cal Expenditure Information
Reporting Structure Program (PGM-SUB-TSK) Account/Alt Account 39707830 3700000214 5432000
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.

Signature of CalRecycle Budget Office Date

AWARD OF CONSTRUCTION

CONTRACT FOR
CIP 105 ANNUAL STREET IMPROVEMENTS
AND CIP 695 PARKING LOT A

IMPROVEMENTS

Background
Scope of Work
 Rehabilitation of about 2 miles of pavement
 New Signage and Striping
 Removal and replacement of more than 2,500
square feet of deteriorated sidewalks,
associated curb and gutter
 Construction of ~21 new curb ramps
 Installation of limited green bicycle markings
 Installation of a new bicycle lane

Background
 Project advertised for construction
bids on December 12, 2024.
 Bids were opened on January 15,
2025.

Analysis
Bidder Bid Amount

1. Hardy & Harper, Inc. $3,200,000.00

2. Sully-Miller Contracting Company $3,220,975.00

3. PALP dba Excel Paving Company $3,498,600.00

4. Sequel Contractors, Inc. $3,573,417.00

5. Onyx Paving Company, Inc. $3,693,000.00

6. Toro Enterprises, Inc. $3,727,960.00

7. All American Asphalt $3,759,295.00

Analysis
 Review of the bid for completeness and accuracy:

1. Bid Form

2. Bid Bond

3. Qualifications verification and reference check

4. CA State Contractor’s license verification

5. Subcontractor’s list

6. Bidder Assurance and Non-Collusion Declaration forms

7. Eligibility to Contract and Non-Discrimination forms

8. Good standing with DIR for labor compliance
 The lowest bidder, Hardy & Harper, Inc. was found to be the lowest responsible and responsive bidder.

Analysis
 Anticipated Schedule:

Start: ~April 2025
Finish ~Summer 2025
 Construction oversight by City Engineering staff, with support from on-call engineering firms

Recommendation

1. Award construction contract for CIP 105/695 Annual Street and Parking Lot A Improvements to Hardy & Harper, Inc. in the amount of $3,200,000;

2. Authorize Director of Public Works to establish a $500,000 contract contingency (approximately 15%) and approve contract change orders up to that amount;

3. Adopt resolution approving the construction of the Project Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account”

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

5. Accept $50,000 in grant funds from CalRecycle for reimbursement;

6. Appropriate $50,000 and add estimated revenue of $50,000 in the Grant Fund for the Rubberized Pavement Grant Program;

7. Release $50,000 of CIP 105 project budget back to Capital Improvement Fund; and

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

City of Hermosa Beach | Page 1 of 6
Meeting Date: February 25, 2025
Staff Report No. 25-PW-010
Honorable Mayor and Members of the Hermosa Beach City Council AWARD OF CONSTRUCTION CONTRACT FOR CIP 603–SOUTH PARK SLOPE,

IRRIGATION, AND LANDSCAPE IMPROVEMENTS AND APPROPRIATE
METROPOLITAN WATER DISTRICT (MWD) TURF REMOVAL GRANT FOR CIP 603

PROJECT REIMBURSEMENT
CEQA: Determine that CIP 603–South Park Slope, Irrigation, and Landscape Improvements, is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301(Existing Facilities). The proposed are sustainable and functional improvements of an existing park.
(Public Works Director Joe SanClemente)
Recommended Action:

Staff recommend City Council:

1. Award a construction contract for Capital Improvement Program Project 603– South Park Slope, Irrigation, and Landscape Improvements to Superb Engineering, Inc. in the amount of $393,273.20 (Attachment 1);

2. Authorize the Director of Public Works to establish a contract contingency in the amount of $60,000 (approximately fifteen percent) and approve contract change orders up to the amount of the approved contract contingency;

3. Adopt the attached resolution entitled “A Resolution of the City Council of the City Council of Hermosa Beach Approving the Construction of CIP 603–South Park Slope, Irrigation, and Landscape Improvements Project Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account” (Attachment 2);

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

5. Accept $96,242 in grant funds from the Metropolitan Water District of Southern California (MWD) Turf Removal Grant for CIP 603 project reimbursement;

6. Appropriate $96,242 and add estimated revenue of $96,242 in the Grants Fund for the MWD Turf Removal Grant for CIP 603 project reimbursement;

7. Release $96,242 of CIP 603 project budget back to the Capital Improvement Fund fund balance; and

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

Executive Summary:

City of Hermosa Beach | Page 2 of 6
Capital Improvement Program (CIP) Project 603–South Park Slope, Irrigation, and Landscape Improvements, provides upgrades to the irrigation system and park slopes located in South Park (Attachment 3). The project would remove the existing drip irrigation system and replace it with a sprinkler irrigation system, as well as install new sprinklers in other areas of the park.

The project includes planting new drought-tolerant landscaping and upgrades to the park slopes to prevent erosion and improving the existing ground condition as shown on the project plans (Attachment 6), contract documents (Attachment 7), and the bid document addenda (Attachment 8). Staff recommends City Council award a construction contract in the amount of $393,273.20 to the lowest responsive and responsible bidder, Superb Engineering, Inc.

Background:

The Fiscal Year 2024–25 CIP includes CIP 603–South Park Slope, Irrigation, and Landscape Improvements includes, but is not limited to, replacement of the irrigation system and landscaping in the areas of the park adjacent to the playgrounds and parking lot, as well as upgrades to the slopes along the north side of the park (Attachment 3).

The scope of work for this project was developed based on an assessment report completed by the City’s on-call landscaping consultant in September 2020. The report recommended replacement of portions and certain components of the existing irrigation system while preserving its critical components to limit excavation in different areas of the park and reduce costs.

The project involves removing the damaged or non-operational existing drip irrigation system and replacing it with a sprinkler irrigation system, installing new sprinklers in other areas of the park, planting new drought-tolerant plants, installing concrete or decomposed granite at bench locations, repairing a wooden staircase, repairing a concrete masonry unit block wall, securing existing decorative boulders in concrete for enhanced park safety, tree planting, and wood mulch. The project would also upgrade the park slopes to prevent erosion and enhance the existing ground conditions (Attachment 6). The project scope elements were designed by the City’s landscape architect design team to address safety and maintenance challenges in this area of the park.

Analysis:

On November 21, 2024, the City issued Notice Inviting Bids 24-009 inviting experienced contractors to submit a bid for the subject project. The Notice Inviting Bids was published in the local newspaper, on the City’s electronic bidding platform, Planet Bids, and in relevant construction trade journals. On January 28, 2025, the City received a total of eight bids which were opened and read aloud by the City Clerk. The bid results are provided in Attachment 4 and summarized below:

City of Hermosa Beach | Page 3 of 6

BIDDER BID AMOUNT
Superb Engineering, Inc. $393,273.20
Marina Landscape, Inc. $658,703.00
KASA Construction, Inc. $659,980.00
Armstrong Cal Builders, Inc. $827,245.00
Leonida Builders, Inc. $977,157.00
Venture Construction & Management $998,204.00
SDC Engineering, Inc. $1,074,617.30
Los Angeles Engineering, Inc. $1,184,000.00
Staff reviewed the bid documents submitted by the lowest bidder, Superb Engineering, Inc. (Attachment 5) and determined it to be the lowest responsible and responsive bid.

Superb Engineering, Inc.’s total bid amount is considerably lower than the Engineer’s Estimate of $1,230,000.

Staff confirmed Superb Engineering, Inc.’s contractor’s license is active and in good standing with the California Contractor’s State License Board. Staff contacted references and confirmed contractor’s competency through completion of recent projects with similar scopes of work over the past four years. Staff finds Superb Engineering, Inc. to be a qualified contractor to complete the proposed work for the project and recommends City Council award a construction contract to Superb Engineering, Inc.

If awarded, staff would provide construction management and inspection to oversee the work during construction with additional support provided by one of the City’s on-call public works consultants with expertise in landscaping and irrigation improvement projects. Staff anticipates construction to start as soon as April 2025 with an anticipated completion date of July 2025. Staff also worked to minimize impacts to parks users by including in the project specifications requirements to maintain public access, to the greatest extent practicable, to two of the playground structure areas (slide, bridge, and swing areas will be closed), the Jeff Duclos Community Garden, and the restroom.

Residents and business owners directly impacted by the subject project would be notified of commencement of construction through distribution of “door hangers” alerting them of construction dates, expected type of work, possible vehicular and pedestrian traffic impacts, and phone numbers of key personnel involved with the construction of the project. Updates of the project would be posted on the City’s website on a regular basis.

Environmental Analysis
The Project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The proposed improvements are sustainable and functional improvements of an existing park. No exceptions to the CEQA exemption apply.

City of Hermosa Beach | Page 4 of 6
General Plan Consistency:

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

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

Policies:
 1.4. Low-maintenance design. Promote environmentally sustainable and low maintenance design principles in the renovation, addition, or maintenance of parks and recreation facilities.
 1.5 Evaluate community needs. Conduct a periodic review of community park needs and interests to inform maintenance and investment priorities.

Goal 10. Abundant landscaping, trees, and green space provided throughout the community.

Policy:
 10.5 Park landscaping. Landscaping in parks located within the Coastal Zone shall consist of non-invasive and drought-tolerant plants.

Land Use Element
Goal 6. A pedestrian-focused urban form that creates visual interest and a comfortable outdoor environment.

Policy:
 6.3 Green open space network. Establish an interconnected green infrastructure network throughout Hermosa Beach that serves as a network for active transportation, recreation and scenic beauty and connects all areas of the city. In particular, connections should be made between the beach, parks, the Downtown, neighborhoods, and other destinations within the city. Consider the following components when designing and implementing the green/open space network:
• Preserved open space areas such as the beach and the Greenbelt • Living streets with significant landscaping and pedestrian and bicycle amenities
• Community and neighborhood parks, and schools
Fiscal Impact:

CIP 603–South Park Slope, Irrigation, and Landscape Improvements is included in the FY 2024–25 Adopted Budget. Staff recommends establishing an approximately fifteen percent contract contingency of $60,000 to cover the cost of any unforeseen conditions or additional work required during construction, for a total construction budget not to exceed $453,273.20.

City of Hermosa Beach | Page 5 of 6
Staff successfully applied for, and received, a reimbursable grant in the amount of $96,242 from the Metropolitan Water District of Southern California (MWD) through its turf removal program. The program provides rebates for removing turf and replacing them with water-efficient landscaping, which would be utilized to augment the current project funding. The MWD grant funding is in addition to the $189,849 in grant funding received from the State of California as a part of the 2018 Parks Bond Act Per Capita Grant Program.

Staff would appropriate $96,242 and add the corresponding estimated revenue in the Grants Fund for the MWD Turf Removal Grant. Staff would also release $96,242 of CIP 603 project budget back to the Capital Improvement Fund fund balance for other and future CIP Projects.

The lower than anticipated construction costs, combined with the grant funding available for the project, would allow for significant cost savings on the project. As a result, more than sufficient funds are available to cover the $453,273.20 construction budget and significantly below the $1,766,677 reserved for construction in the FY 2024–25 CIP. Any excess funds reserve for the project, following the completion of the project, would be released for use in a future project.

The available funds for the project are shown below:

Project Funding
Description Request
Amount
FY 2024-2025 Budget
Dept. Account # Available Amount
Superb Engineering, Inc. $393,273.20
125-8603-4201
150-8603-4201
301-8603-4201
$64,960.00
$189,849.00
$138,464.20
Contingency $60,000 301-8603-4201 $60,000
MWD Turf Removal Grant $96,242
$(96,242)
150-8603-4201
301-8603-4201
$96,242
$(96,242)
Total $453,273.20 $453,273.20
Attachments:

1. Draft Contract

2. Draft Resolution

3. Project Location Map

4. Bid Opening Log

5. Superb Engineering, Inc.’s Bid Documents

6. Project Plans

7. Contract Documents and Special Provisions

8. Addenda to Bid Documents
Respectfully Submitted by: Jonathan Pascual, Assistant Engineer

City of Hermosa Beach | Page 6 of 6
Concur: Brandon Araujo, Senior Engineer
Concur: John Oskoui, Acting City Engineer
Concur: Joseph SanClemente, Public Works Director
Concur: Lisa Nichols, Community Resources Director
Noted for Fiscal Impact: Brandon Walker, Finance Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager

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

R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for CIP 603 SOUTH PARK SLOPE, IRRIGATION, AND LANDSCAPE IMPROVEMENTS (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On February 25, 2025, City’s City Council declared CONTRACTOR to be the lowest responsible Bidder and accepted the bid of CONTRACTOR; and
C. The City Council has authorized the Mayor to execute a written Contract with CONTRACTOR for furnishing labor, equipment, and material for the CIP 603 SOUTH PARK SLOPE, IRRIGATION, AND LANDSCAPE IMPROVEMENTS in the City of Hermosa Beach.

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

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP 603 SOUTH PARK SLOPE, IRRIGATION, AND LANDSCAPE IMPROVEMENTS in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated November 2024, (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications for Public Works Construction 2024 edition, Special Provisions, Exhibit A, Exhibit B, Exhibit C, Exhibit D, 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

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

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal, $393,273.20, 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 75 working days from the date of the notice to proceed in addition to a period of 90 calendar days for plants and grass establishment. By signing this Agreement, CONTRACTOR represents to CITY that the Contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the Contract time.

5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum set forth in the Special Provisions for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the Contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.

Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any

3 subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

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

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

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

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

When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
Assignment of an apprentice to any work performed under a public works Contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions.

CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7 accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the Contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

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

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than (14) calendar days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the Contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.

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

17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors. a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13 any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) calendar days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16-point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such Contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

Supporting Documentation. The CONTRACTOR shall submit all claims in the following format:

Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 calendar days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 calendar days after the public entity issues its written statement.

14 If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 calendar days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three calendar days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.

Within 30 calendar days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.

CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 calendar days (if the claim is less than $50,000, within 15 calendar days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.

Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 calendar days of receipt of CITY’s response or within 15 calendar days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 calendar days for settlement of the dispute.

Mediation. Within 14 calendar days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 calendar days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 14 calendar days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.

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

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