Cities Index.
Agenda packet

Hermosa Beach City Council
May 13, 2025

Document
Agenda packet
Meeting
May 13, 2025
Body
Hermosa Beach City Council
Pages
1,304
Original file
95.4 MB
Text extracted from the city's file for reading and search. Open the original on pub-hermosabeach.escribemeetings.com. That file is the official record.

drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776 and 23-07387.
 March 24, 2023– ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 9 juveniles for underage drinking (Attachment 7). At that time the business operated under a CUP permitted by Resolution No. 11-6776.
 January 13, 2023 – Reporting party claimed at least 15 underage subjects inside establishment drinking alcoholic beverages. The reporting party claimed that she sees underage drinking at the location nightly. Officers arrived and approximately 20-25 juveniles fled the location. Business employee identified, advised regarding regulations for sale of alcohol.  September 26, 2022 – Code Enforcement received a complaint that the establishment routinely served several juveniles beer. The Police Department reported this information to ABC.

B. Where the licensee or permittee has violated any provisions of this code, any ordinance of the city or any other provision of law;

The business has repeatedly operated the business in a manner contrary to state and local regulations. The last two incidents occurred in the first three months of 2025 as summarized below:
 March 19, 2025 – Hermosa Beach Police Department documented the business selling alcohol without a license from the Department of Alcoholic Beverage Control (ABC) in violation of Business and Professions Code 23300 and in violation of Hermosa Beach Municipal Code Section 5.04.060 requiring a business license holder to comply with all applicable laws, including obtaining a city-issued Conditional Use Permit (CUP) for on-sale alcohol.
 January 23, 2025 - ABC License No. 595995 was voluntarily surrendered by the business to ABC.
 January 3, 2025 - ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 11 juveniles for underage drinking.
 March 24, 2023– ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 9 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776.

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C. Where a permit or license has been granted on false or fraudulent evidence, testimony or application;
Only one of the seven possible findings is necessary to revoke or suspend a business license. This finding is not the basis upon which the revocation is recommended.

D. Where the licensee or permittee has violated the terms and provisions of such license or permit;
The business has repeatedly operated the business in a manner contrary to state and local regulations.
 March 19, 2025 – Hermosa Beach Police Department documented the business selling alcohol without a license from the Department of Alcoholic Beverage Control (ABC) in violation of Business and Professions Code 23300 and in violation of Hermosa Beach Municipal Code Section 5.04.060 requiring a business license holder to comply with all applicable laws, including obtaining a city-issued Conditional Use Permit (CUP) for on-sale alcohol.
 January 23, 2025 - ABC License No. 595995 was voluntarily surrendered by the business to ABC.
 January 3, 2025 - Department of ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 11 juveniles for underage drinking.
 March 24, 2023– ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 9 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776.
 January 13, 2023 – Reporting party claimed at least 15 underage subjects inside establishment drinking alcoholic beverages. The reporting party claimed that she sees underage drinking at the location nightly. Officers arrived and approximately 20-25 juveniles fled the location. Business employee identified, advised regarding regulations for sale of alcohol.  September 26, 2022 – Code Enforcement received a complaint that the establishment routinely served several juveniles beer. The Police Department reported this information to ABC.

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E. Where the licensee has conducted the business in an immoral or disorderly manner, or has failed to exercise reasonable efforts to maintain order among the customers and patrons and to prevent violation of law or ordinance by them; or
The applicant has failed to conduct its business in an orderly manner and failed to follow the law; as such, the business has repeatedly attracted juveniles for underage drinking.
 March 19, 2025 – Hermosa Beach Police Department documented the business selling alcohol without a license from the Department of Alcoholic Beverage Control (ABC) in violation of Business and Professions Code 23300 and in violation of Hermosa Beach Municipal Code Section 5.04.060 requiring a business license holder to comply with all applicable laws, including obtaining a city-issued Conditional Use Permit (CUP) for on-sale alcohol.
 January 23, 2025 - ABCLicense 595995 was voluntarily surrendered to ABC.
 January 3, 2025 - ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 11 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776 and 23-07387.
 March 24, 2023– ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 9 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776.
 January 13, 2023 – Reporting party claimed at least 15 underage subjects inside establishment drinking alcoholic beverages. The reporting party claimed that she sees underage drinking at the location nightly. Officers arrived and approximately 20-25 juveniles fled the location. Business employee identified, advised regarding regulations for sale of alcohol.  September 26, 2022 – Code Enforcement received a complaint that the establishment routinely served several juveniles beer. The Police Department reported this information to ABC.

F. The business has been conducted as to be a public nuisance;

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The applicant has failed to conduct its business in an orderly manner and failed to follow the law; as such, the business has repeatedly attracted juveniles for underage drinking.
 March 19, 2025 – Hermosa Beach Police Department documented the business selling alcohol without a license from the Department of Alcoholic Beverage Control (ABC) in violation of Business and Professions Code 23300 and in violation of Hermosa Beach Municipal Code Section 5.04.060 requiring a business license holder to comply with all applicable laws, including obtaining a city-issued Conditional Use Permit (CUP) for on-sale alcohol.
 January 23, 2025 - ABC License 595995 was voluntarily surrendered to ABC.
 January 3, 2025 - ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 11 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776 and 23-07387.
 March 24, 2023– ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 9 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776.
 January 13, 2023 – Reporting party claimed at least 15 underage subjects inside establishment drinking alcoholic beverages. The reporting party claimed that she sees underage drinking at the location nightly. Officers arrived and approximately 20-25 juveniles fled the location. Business employee identified, advised regarding regulations for sale of alcohol.  September 26, 2022 – Code Enforcement received a complaint that the establishment routinely served several juveniles beer. The Police Department reported this information to ABC
G. By the license collector, where the licensee has failed to pay the charges imposed by this chapter or to file reports as required by this chapter within sixty (60) days after such charges or reports become delinquent.

Only one of the seven possible findings is necessary to revoke or suspend a business license. This finding is not the basis upon which the revocation is recommended.

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Section 14. Based on the evidence received at the public meeting, the City Council hereby further finds, determines, and declares that the project is consistent with the City’s General Plan (PLAN Hermosa) because the Parking Plan Amendment is consistent with Land Use Policies 1.1 and Policy 5.8:

Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.

Policies:
 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.

Notice of the hearing was given to the business owner of record on May 1, 2025 by US mail and e-mail. The City Council conducted an open meeting for the applicant and the general public alike.

Public Safety Element
Goal 5. High-quality police and fire protection services are provided to residents and visitors.
 5.8 Nuisance abatement. Encourage Police Department review of uses which may be characterized historically by high levels of nuisance (noise, nighttime patronage, and/or rates of criminal activity), providing for conditions of control of use to prevent adverse impacts on adjacent residences schools, religious facilities, and similar “sensitive” uses.

Due to repeated violations of local and state laws, the Chief of Police has recommended that the City Council consider revoking business license No. 01136416. Revoking this Business License is necessary to address ongoing policing issues caused by the operation of the business and protect the public health and safety.

Section 15. Based upon the foregoing findings, the City Council hereby revokes Business License No. 01136416 pursuant to HBMC Section 5.04.260 and Section 5.04.270.

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Section 16. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the City Council must be made within 90 days after the final decision by the City Council.

PASSED, APPROVED, and ADOPTED on this 13th day of May 2025.

Mayor Rob Saemann
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Myra Maravilla Todd Leishman
City Clerk Interim City Attorney

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Hermosa Beach Police Department
540 PIER AVE | HERMOSA BEACH, CA 90254 | P: 310.318.0360 Hermosa Beach Police Department Pg 1 of 1
540 PIER AVE | HERMOSA BEACH, CA 90254 | P: 310.318.0360 NOTE: Summarized report. More data regarding this report may exist in the RMS.

Mark43 RMS Form v2.0 generated by J. Guillen #P103 on May 7, 2025 15:25.

REPORTING OFFICER SIGNATURE / DATE
Keaton Dadigan #237 Jan 14, 2023 21:41 (e-signature)

SUPERVISOR SIGNATURE / DATE
Joshua Droz #173 Jan 19, 2023 09:07 (e-signature)

PRINT NAME
Keaton Dadigan #237

PRINT NAME
Joshua Droz #173
DR # 23-0000097 - Crime/Incident Report Cover Sheet
OFFENSE-1

INVOLVED PERSONS

INVOLVED ORGANIZATIONS

REPORT DATE / TIME
Jan 13, 2023 22:27
AREA / BEAT / SUBDIVISION 4 / SUBDIVISION 5
City HERMOSA / RD B104

EVENT START DATE / TIME - EVENT END DATE / TIME
Jan 13, 2023 20:56 - 21:20

OFFENSE CODE
SELL/ETC LIQUOR TO MINOR | 25658(A)

OFFENSE LOCATION
1121 AVIATION BLVD, HERMOSA BEACH, CA 90254

OFFENSE START DATE
Jan 13, 2023 20:56

OFFENSE END DATE
Jan 13, 2023 21:20

INVOLVEMENT
W-1, R-1
NAME

XXXXXXXXXXXXX

HOME ADDRESS DOB / ESTIMATED AGE
RANGE

RACE SEX
XXXXXX

INVOLVEMENT
S-1
NAME

XXXXXXXXXXXX

HOME ADDRESS DOB / ESTIMATED AGE
RANGE

XXXXXXXXXX
RACE

XXXXXXX
XXXX
SEX
XXXX

INVOLVEMENT
W-2
NAME
Hermosa Beach
Police Department

HOME ADDRESS
540 PIER AVE
HERMOSA BEACH, CA 90254

DOB / ESTIMATED AGE
RANGE
RACE
Other
SEX
Unknown

INVOLVEMENT
V-1
NAME

SOCIETY

ADDRESS

Page 823 of 1304 ends

DR # 23-0000097 - Crime/Incident Report Hermosa Beach Police Department Pg 1 of 2 Hermosa Beach Police Department Pg 1 of 2
540 PIER AVE | HERMOSA BEACH, CA 90254 | P: 310.318.0360 Mark43 RMS Form v2.0 generated by J. Guillen #P103 on May 7, 2025 15:25.

REPORTING OFFICER SIGNATURE / DATE
Keaton Dadigan #237 Jan 14, 2023 21:41 (e-signature)

SUPERVISOR SIGNATURE / DATE
Joshua Droz #173 Jan 19, 2023 09:07 (e-signature)

PRINT NAME
Keaton Dadigan #237

PRINT NAME
Joshua Droz #173
DR # 23-0000097 - Crime/Incident Report

NARRATIVE
On 01/13/2023 at 2056 hours, I (Officer K. Dadigan #237) responded to Aka Ramen & Sushiya (1121 Aviation Blvd) regarding several underage subjects drinking at the location. Upon my arrival, I observed multiple juveniles fleeing from the restaurant. There were approximately 20-25 clearly underage subjects at the location. I walked into the restaurant and located dozens of beer bottles and other alcohol bottles throughout the tables where the subjects were sitting. An additional 8 subjects were still inside drinking beer who looked to be under the age of 21. I requested their IDs, but all subjects left out the front door without providing ID.

I made contact with the business owner (XXXXXXXXXXXX). I asked why he was serving underage subjects. His employee XXXXXXXtranslated and told me "I think they are all just trying to drink on their own." I asked if he checks IDs at his restaurant and he stated "I try to as much as I can." I informed him that HBPD received a report from a citizen of them serving clearly underage subjects. I asked him if he had checked the IDs of the group that just left the restaurant and he stated that they are "regulars" and "locals," therefore had not checked.

I contacted the reporting party (XXXXXXXXXXXXX) via phone. XXXXXXX stated that she is a regular to the restaurant, and has noticed over the last several months that the restaurant is serving alcohol to subjects who look underage. She stated she reported the activity to California Department of Alcoholic Beverage Control in the past. XX XXXXX told me that tonight, she arrived for food and located 30+ juveniles who had taken every seat in the restaurant. She described them as "16-20 year olds." She observed them drinking beers and taking "Sake bombs." She then called CA ABC and HBPD to report the incident. Vicker's story corroborated with what I observed. XXXXXXX told me she is frustrated because the restaurant continues to serve underage subjects alcohol.

On 01/13/2023 at 2251 hours, I filed a report with California Department of Alcoholic Beverage Control regarding this incident for further investigation.

Submitted By: Officer K. Dadigan #237
REPORTING PARTY-1

REPORT DATE / TIME
Jan 13, 2023 22:27
AREA / BEAT / SUBDIVISION 4 / SUBDIVISION 5
City HERMOSA / RD B104

EVENT START DATE / TIME - EVENT END DATE / TIME
Jan 13, 2023 20:56 - 21:20

PRIMARY REPORTER
Keaton Dadigan #237

REPORT TAKEN LOCATION
1121 AVIATION BLVD, HERMOSA BEACH, CA 90254

STAT REPORTING
Serialized Property
Marcy's Law Miranda Advisement
Location Last Drinking?: Aka Ramen
& Sushiya
Fumigation Check
ALPR Confidential
REPORTING PARTY-1 (PERSON)
R-1 XXXXXXX, XXXXX
SEX
XXXXXX

PHONE NUMBER

XXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXX

REPORTING PARTY SIGNATURE

Page 824 of 1304 ends

DR # 23-0000097 - Crime/Incident Report Hermosa Beach Police Department Pg 2 of 2 Hermosa Beach Police Department Pg 2 of 2
540 PIER AVE | HERMOSA BEACH, CA 90254 | P: 310.318.0360 Mark43 RMS Form v2.0 generated by J. Guillen #P103 on May 7, 2025 15:25.

REPORTING OFFICER SIGNATURE / DATE
Keaton Dadigan #237 Jan 14, 2023 21:41 (e-signature)

SUPERVISOR SIGNATURE / DATE
Joshua Droz #173 Jan 19, 2023 09:07 (e-signature)

PRINT NAME
Keaton Dadigan #237

PRINT NAME
Joshua Droz #173
OFFENSE-1

OFFENSE LOCATION
VICTIMS-1
SUSPECTS-1
WITNESS-1
WITNESS-2

RELATIONSHIPS ADDENDUM

OFFENSE CODE
SELL/ETC LIQUOR TO MINOR | 25658(A)

OFFENSE START DATE
Jan 13, 2023 20:56

OFFENSE END DATE
Jan 13, 2023 21:20

SUSPECTED COMPUTER/ HANDHELD DEVICE USE
YES NO

SUSPECTED ALCOHOL CONSUMPTION
YES NO

OTHER SUSPECTED DRUG
USE
YES NO
IS ANTI-REPRODUCTIVE RIGHTS CRIME?
YES NO

LOCATION NAME / STREET ADDRESS/LOCATION NAME / APT, UNIT, STE / DESCRIPTION 1121 AVIATION BLVD
CITY

HERMOSA BEACH
STATE
CA
ZIP
90254

COUNTRY CODE
US

LOCATION CATEGORY
Restaurant
AREA / BEAT / SUBDIVISION 4 / SUBDIVISION 5
City HERMOSA / RD B104

PUBLIC /

PRIVATE
Private
VICTIMS-1 NAME
V-1 SOCIETY
SUSPECTS-1 NAME (LAST, FIRST MIDDLE)
S-1XXXXXXXXXXXXXX

DOB / ESTIMATED AGE RANGE

XXXXXXXXXX
SEX
XXXX

RACE / ETHNICITY

XXXXXXXXXXX

PHONE NUMBER

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXX
WITNESS-1 NAME (LAST, FIRST MIDDLE)
W-1 XXXXXXX, XXXXX
SEX
XXXXXX

PHONE NUMBER

XXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXX
WITNESS-2 NAME (LAST, FIRST MIDDLE)
W-2 Police Department, Hermosa Beach
SEX
Unknown

RACE / ETHNICITY
Other

PHONE NUMBER
(310) 318-0360
(primary, work)

HOME ADDRESS
540 PIER AVE, HERMOSA BEACH, CA 90254
NAME
Hermosa Beach Police Department

RELATIONSHIP

RELATIONSHIP

UNKNOWN

SUBJECT

XXXXXXXXXXXX
NAME

XXXXXXXXXXXXX

RELATIONSHIP

RELATIONSHIP

UNKNOWN

SUBJECT
Hermosa Beach Police Department
NAME

XXXXXXXXXXXXX

RELATIONSHIP

RELATIONSHIP

UNKNOWN

SUBJECT

XXXXXXXXXXXX

Page 825 of 1304 ends
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City of Hermosa Beach | Page 1 of 8
Meeting Date: January 21, 2025
Staff Report No. 25-CDD-020
Honorable Chairperson and Members of the Hermosa Beach Planning Commission

CITY-INITIATED REQUEST FOR THE MODIFICATION OR REVOCATION OF THE CONDITIONAL USE PERMIT (CUP25-01/APE25-01) FOR ON-SALE ALCOHOL (BEER AND WINE) AT AN EXISTING RESTAURANT, RAMEN AND SUSHIYA INC. (PREVIOUSLY AKA SUSHI) LOCATED AT 1121 AVIATION BOULEVARD IN THE GENERAL COMMERCIAL (C-3) ZONE.

CEQA: Determine that the project is categorically exempt from the California Environmental Quality Act
(Planning Manager Alexis Oropeza)
Recommended Action:

Staff recommends the Planning Commission:

1. Adopt a resolution for the revocation (CUP25-01/APE25-01) of a Conditional Use Permit allowing on-sale alcohol (Beer and Wine) at an existing restaurant Ramen and Sushiya Inc. (Previously Aka Sushi and Ramen) located at 1121 Aviation Boulevard in the General Commercial (C-3) Zone (Attachment 1); and

2. Determine the project is categorically exempt from the California Environmental Quality Act (CEQA).

Executive Summary:

In 2023, following three alcohol-related violations in a six-month period, the City Council amended the Conditional Use Permit for an existing restaurant located at 1121 Aviation Boulevard. On January 4, 2025, a new alcohol-related violation was reported by the Police Department. As a result, the Conditional Use Permit is under review at a public hearing for possible modification or revocation in accordance with Hermosa Beach Municipal Code Chapter (HBMC) 17.70 pertaining to Revocation and Expiration. Staff recommends that the Planning Commission hold a public hearing and revoke the Conditional Use Permit for on-sale alcohol.

Background:

The restaurant, registered as Ramen and Sushiya Inc. (and known as Aka Sushi or Aka Sushi and Sake Bomb), is located within an existing multi-tenant commercial center at 1121 Aviation Boulevard in the C-3 Zone. The restaurant was first approved for a business license in October 2018. The restaurant is approved for operation from 7:00 a.m. to 10:00

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City of Hermosa Beach | Page 2 of 8
p.m. Sunday through Thursday, and from 7:00 a.m. to 11:00 p.m. on Friday and Saturday.

The business is not considered a late-night establishment as defined in the HBMC.

In the C-3 zone, restaurants are permitted by right, and the sale of beer and wine for onsite consumption at restaurants closing after 10:00 pm may be permitted with the approval of a Conditional Use Permit per Chapter 17.26.030 of the Hermosa Beach Municipal Code (HBMC). At its May 17, 2004, meeting, the Planning Commission adopted Planning Commission Resolution 04-17 approving a CUP for service of alcohol at this location.

At its November 15, 2011 meeting, the Planning Commission approved a CUP allowing the expansion of the restaurant (Resolution 11-19). The City Council sustained the Planning Commission decision on appeal at its December 13, 2011, meeting adopting Resolution 11-6776 (Attachment 2).

Furthermore, the City’s established tri-annual CUP review indicates that for California Department of Alcoholic Beverage Control (ABC) violations, “The Police Chief may recommend CUP review to the Commission at his/her discretion—at any time regardless of the number of incidents in any period of time, to determine whether revocation/modification is appropriate under HBMC…”
On April 3, 2023, the Police Department transmitted a request that the restaurant be presented to the Planning Commission for review, as the business had three alcoholrelated violations within a six-month period.

Section 17.40.080 of the City’s Municipal Code indicates that the Planning Commission may direct a public hearing to conduct an official review of CUPs should a continued policing problem be evident. At its May 16, 2023 meeting, the Planning Commission directed a public hearing to conduct an official review of the CUP.

Section 17.70.010 establishes that the Planning Commission may, after a public hearing, revoke or modify the Conditional Use Permit. In preparation for the public hearing, the Police Department transmitted a memo on June 14, 2023, recommending certain conditions of approval that would assist in the City’s regulations of alcohol service.

At its July 18, 2023, meeting, the Planning Commission held a duly noticed public hearing to review the CUP for the existing restaurant and hear testimony related to alcohol sales violations at 1121 Aviation Boulevard. The Commission received public input and discussed the matter. Items of discussion included window signage and removing some of it to present more transparency from the street, coordination between the police department and the business owner, placement of a staff member at the entrance, and enforcement of policies. The Planning Commission adopted Resolution 23- 7387 (Attachment 3), adding the five new conditions recommended by staff and retaining the above-mentioned alcohol-related conditions of approval in City Council Resolution 11- 6776.

At its July 25, 2023, meeting, City Council called up the Planning Commission decision for further review. Section 2.52.040 of the HBMC provides a mechanism for City Council

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City of Hermosa Beach | Page 3 of 8
to review the matter de novo and may uphold, reverse, or otherwise modify the Commission’s action, or remand the matter with direction back to the Commission for further review.

At its September 12, 2023, meeting, City Council held a de novo public meeting and adopted a resolution modifying Conditional Use Permit 23-08/ Amendment to Planning Entitlement 23-04 by incorporating additional conditions of approval related to the service of alcohol, including conditions to: 1) post informational signage; 2) complete alcoholic beverage service training; 3) enhance awareness by maintaining a copy of the Conditional Use Permit on-site; 4) provide video surveillance; 5) empower the Police Chief to modify business operations to curtail violations; and 6) suspend alcohol sales from September 13, 2023, to September 22, 2023.

On December 28, 2024, the Hermosa Beach Police Department received information that AKA Ramen and Sushiya was serving alcohol to underage persons. HBPD subsequently contacted ABC to inform them of the alleged violation.

On January 3, 2025, the ABC requested police assistance at the establishment and 11 ABC-issued citations were issued for underage drinking. Representatives from HBPD and ABC will be available at the hearing to provide additional background on the nature of the violations.

On January 4, 2025, the HBPD informed the Community Development Department (CDD) of the violation and requested the CUP’s review at a duly noticed meeting of the Planning Commission (Attachment 4). On January 9, 2025, staff from both HBPD and CDD conducted a follow-up inspection documenting multiple CUP violations.

Past Board, Commission, and Council Actions
Meeting Date Description
May 17, 2004 Planning Commission adopted Planning Commission Resolution 04-17 approving a CUP for service of alcohol at this location.

November 15, 2011 The Planning Commission approved a CUP allowing the expansion of the restaurant, Resolution 11-19
December 13, 2011 City Council sustained the Planning Commission’s November 15, 2011 decision on appeal by Resolution 11-
6776
May 16, 2023 Planning Commission directed staff to hold a public hearing to conduct an official review of the CUP by
Resolution 11-6776
July 18, 2023 The Planning Commission adopted Resolution 23-08, adding the five new conditions recommended by staff and

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City of Hermosa Beach | Page 4 of 8
Meeting Date Description
retaining the above-mentioned alcohol-related conditions of approval in City Council Resolution 11-6776.

July 25, 2023 City Council called up the Planning Commission decision for further review
September 12, 2023 City Council held a de novo public meeting and Adopted a resolution modifying Conditional Use Permit 23-08/
Amendment to Planning Entitlement 23-04 by incorporating additional conditions of approval related to the service of alcohol and adding a condition for the temporary
suspension of alcohol sales from September 13, 2023 to
September 22, 2023
Discussion:

At this time, the Hermosa Beach Police Department has determined that a continuing policing problem exists at the restaurant. The most recent violation occurred on January 3, 2025, when ABC agents requested HBPD assistance at the restaurant. ABC issued a citation to 11 juveniles for underage drinking.

The business operates under a Conditional Use Permit and the conditions of operation are detailed in two City Council resolutions: Resolutions No. 11-6776 and Resolution No. 23-7387. On January 9, 2025, staff from the Police Department and Community Development Department conducted a follow-up investigation of AKA Ramen and Sushiya and noted multiple CUP violations relating to: failure to properly post warning signage, the failure of management and employees to complete certain training for responsible serving of alcoholic beverages; inability to actively playback security footage; and failure to comply with municipal code requirements to obtain permits for signage, as detailed in (Attachments 5 and 6 ).

In 2023, the City Council amended the Conditional Use Permit for the same restaurant in in an effort to address alcohol-related service violations. Despite this amendment, the applicant has continued to operate the business in violation of the CUP. There have now been four documented alcohol service violations within a two-and-a-half-year period. In a memo dated January 15, 2025, the Chief of HBPD recommended revoking the CUP (Attachment 7).

Findings:

Pursuant to Section 17.70.010 of the Municipal Code, the Planning Commission may, (after a public hearing held in the manner prescribed in Chapter 17.68 of the HBMC governing conditional use permits), revoke or modify any permit if any one of a set of

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City of Hermosa Beach | Page 5 of 8
seven listed findings can be made. Staff finds that three of the seven findings can be made in support of the revocation of the Conditional Use Permit as detailed below:

A. That the approval was obtained by fraud;
There is no evidence that the Conditional Use Permit was obtained by fraud, and this finding is not the basis for revocation of the CUP.

B. That the use or activity for which such approval was granted has permanently ceased to exist as evidenced by demolition, alteration, subsequent use of the space, or similar conditions;
The business has been continuously operating and has had a business license since 2018. This finding is not the basis for revocation of the CUP.

C. That the use or activity for which such approval was granted has been suspended or dormant for longer than twelve (12) consecutive months, excluding time during which the property owner can demonstrate:

1. The city had pending before it an application for a permit or land use entitlement directly related to, or for the purpose of, conducting said use; or

2. A valid building permit directly related to said use or activity was in effect and was being diligently pursued; or

3. The property owner has been actively negotiating to sell the property, as evidenced by a purchase and sale agreement, proof of escrow, or other similar binding agreements, or the property is subject to a binding lease with a tenant who is diligently pursuing a business to re-establish the use on the site.

The business has been in operation since 2018. This finding does not serve as justification for revocation of the CUP.

D. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
The CUP, which allows for the on-sale service of alcohol at a restaurant, has been exercised contrary to state law and local regulations; the documented violations have included the sale of alcohol to underage individuals three times in a six-month period between 2022 and 2023, and a fourth time on January 3, 2025. The applicant has not complied with multiple conditions of the CUP as documented in the Police Incident and Code Enforcement Inspection Reports dated January 4, 2025, and January 9, 2025 (Attachments 5 and 6). The CUP violations pertain to the following terms: alcohol sales to persons underage, failure to properly post warning signage, the failure of management and employees to complete certain training for responsible serving of alcoholic beverages; inability to actively playback security footage; and failure to comply with municipal code requirements to obtain permits for signage.

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City of Hermosa Beach | Page 6 of 8
E. That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance;
The CUP allows for the sale of alcoholic beverages at an existing restaurant. The CUP has operated in a manner detrimental to public health and safety. The applicant had three prior alcohol service violations in a six-month period between 2022 and 2023. The City Council modified the Conditional Use Permit at a public hearing in September 2023 via the adoption of Resolution No. 23-7387. The most recent alcohol service violation occurred on January 3, 2025, and involved the sale of alcohol to 11 underage persons. As documented by a follow-up inspection conducted by Hermosa Beach Police Department and Community Development staff on January 9, 2025, the applicant failed to comply with multiple conditions of approval.

F. That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety, and welfare merit modification of the permit.

As a result of the establishment’s alcohol sales infractions that included serving alcoholic beverages to underage individuals four times over the course two and a half years, the City Council took action to modify the CUP via Resolution No. 23- 7387 in September of 2023. Conditions of approval were added to bring the business’s sale of alcohol into compliance and curtail future violations. On January 3, 2025, ABC requested police assistance at the establishment for an ABC-issued citation to 11 persons for underage drinking. As documented by a follow up inspection on January 9, 2025, the applicant failed to comply with multiple conditions of approval. The conditions of approval have been inadequate to mitigate the impacts of use and revocation of the CUP is necessary.

H. For a restaurant with on-sale alcoholic beverages, the business is not operating as a restaurant because the primary function of the operation is the sale or offering for sale of alcoholic beverages and not the sale or offering for sale of food. A food-to-alcohol sales ratio provides a quantitative tool to help evaluate whether the business is operating as a restaurant whose primary function is the sale or offering for sale of food, as opposed to a business whose primary purpose is the sale of alcoholic beverages. For purposes of determining whether this finding can be made, an on-sale restaurant that maintains a minimum of fifty (50) percent of the total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant. An on-sale restaurant that does not meet these percentages has the burden of demonstrating that it operates as a restaurant, as that term is defined in Section 17.04.050. Refusal to provide the information requested under this subsection within sixty (60) days shall be deemed prima facie evidence that the business is not operating as a restaurant.

Page 836 of 1304 ends

City of Hermosa Beach | Page 7 of 8
There is no evidence to indicate the primary use is not a restaurant and this finding is not the basis for CUP revocation.

General Plan Consistency:

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

Public Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.

Policy: 5.8 Nuisance Abatement. Encourage Police Department review of uses which may be characterized historically by high levels of nuisance (noise, nighttime patronage, and/or rates of criminal activity) providing for conditions of control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses.

In 2023, the City Council adopted Resolution No. 23-7387 amending the CUP in response to violations. The additional conditions of approval were adopted to control the use and permit adverse impacts on public safety. The applicant failed to adhere to the conditions of approval, resulting in the serving of alcohol to underage individuals on January 3, 2025.

Additionally, based on a follow-up inspection on January 9, 2025, the applicant failed to comply with multiple conditions of approval.

Environmental Determination:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project qualifies for a Class 1 categorical exemption, Existing Facilities as defined in section 15301 of the CEQA Guidelines, as it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Moreover, none of the exceptions to the categorical exemption(s) apply, nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environmental due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway.

Public Notification:

For the January 21, 2025 Planning Commission hearing, a total of 550 public hearing notices were mailed to the applicant, and occupants and property owners of properties within a 500-foot radius on January 9, 2025. A legal ad was published on January 9, 2025, in the Easy Reader, a newspaper of general circulation, and a notice was posted on-site in accordance with HBMC 17.68.050. Public notification materials are included as Attachment 8. Additionally, a letter providing notice of the recent violation and public

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City of Hermosa Beach | Page 8 of 8
hearing was hand-delivered to the manager on January 9, 2025. On January 10, 2025 a additional copies of the notice were sent by certified mail to the business and property.

As of the writing of the report, staff have received no public comments.

Attachments:

1. Draft Resolution No. 25-01

2. Resolution No. 11-6776

3. Resolution No. 23-7387

4. Police Department Incident Report January 4, 2025

5. Police Department Incident Report January 9, 2025

6. Code Enforcement Inspection Report January 13, 2025

7. Police Department Memorandum dated January 15, 2025

8. Public Notification Package
Respectfully Submitted by: Kaneca Pompey, Contract Planner Concur: Alexis Oropeza, Planning Manager
Approved: Suja Lowenthal, City Manager

Page 838 of 1304 ends


Search 
Report Date: Tuesday, April 29, 2025
License Number:

Primary Owner:

Office of Application:

LICENSE INFORMATION
595995

SONG, SUNG WOONG
03 - LB/LAKEWOOD
County:

Census Tract:

BUSINESS NAME

AKA RAMEN AND SUSHI

BUSINESS ADDRESS
1121 AVIATION BLVD , HERMOSA BEACH, CA, 90254

LOS ANGELES
6210.01

LICENSEE INFORMATION
Licensee:

SONG, SUNG WOONG
Our website will undergo scheduled maintenance on 05/09/2025 from 3 p.m. to 7 p.m. During this period, you may experience temporary disruptions.
×
4/29/25, 10:44 AM License Details | Alcoholic Beverage Control https://www.abc.ca.gov/licensing/license-lookup/single-license/?RPTTYPE=12&LICENSE=595995 1/4

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LICENSE TYPES
*Allow up to six weeks for expiration date updates after renewal fee submittal.

License Type Status:

Status Date:

Term:

Original Issue Date:

Expiration Date*:

Master:

Duplicate:

Fee Code:
41 - ON-SALE BEER AND WINE - EATING
PLACE

SURRENDERED
23-JAN-2025
12 Month(s)
08-OCT-2018
30-SEP-2025
Y
0 Our website will undergo scheduled maintenance on 05/09/2025 from 3 p.m. to 7 p.m. During this period, you may experience temporary disruptions.
4/29/25, 10:44 AM License Details | Alcoholic Beverage Control https://www.abc.ca.gov/licensing/license-lookup/single-license/?RPTTYPE=12&LICENSE=595995 2/4

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Transfers:

P0
From License Number:
41-412702
Transferred On: 08-
OCT-2018
To License Number: 41-
655143, 41-667778
OPERATING RESTRICTIONS:

No Operating Restrictions found
Reg. Number:

DISCIPLINARY ACTION:
25095342
DISCIPLINARY HISTORY:

Reg. Number:

Section:
23093485
Our website will undergo scheduled maintenance on 05/09/2025 from 3 p.m. to 7 p.m. During this period, you may experience temporary disruptions.
4/29/25, 10:44 AM License Details | Alcoholic Beverage Control https://www.abc.ca.gov/licensing/license-lookup/single-license/?RPTTYPE=12&LICENSE=595995 3/4

Page 841 of 1304 ends

Proceeding Status:

Decision:

POIC/Fine:
25658(A)
CLOSED
POIC
750
HOLDS:

No Active Holds found
ESCROWS:

No Escrow found
NOTIFICATIONS:

No notifications found
Our website will undergo scheduled maintenance on 05/09/2025 from 3 p.m. to 7 p.m. During this period, you may experience temporary disruptions.
4/29/25, 10:44 AM License Details | Alcoholic Beverage Control https://www.abc.ca.gov/licensing/license-lookup/single-license/?RPTTYPE=12&LICENSE=595995 4/4

Page 842 of 1304 ends

Hermosa Beach Police Department
4C, PIER AVE HERMOSA BEACH TA 91, 254 P ) i;! 3' ; 36r
DR# 25- 0000695 - Crime/ Incident Report Cover Sheet
REPORT DATE l NF 41- 2t.+ : star SUBDIVISION 4 SUBDIVISION, EVENT START DATE TIME- EVENT END DATE TIME Mar 31, 2025 10: 32 City HERMOSA/ RD B104 Mar 25, 2025 07: 31 - 07: 31 OFFENSE- 1

OFFENSE CODE
SELL LIQUOR WITHOUT LICENSE 123300
OFFENSE LOCATION OFFENSE START DATE :: EcENSE END DATE
1121 AVIATION BLVD. HERMOSA BEACH, CA 90254 Mar 19, 2025 15: 30 Mar 19, 2025 16: 00

INVOLVED PERSONS

INVOLVEMENT NAME HOMEADDRES' F, DOB ESTIMATED AGE RACE SEX S 1
RANGE

INVOLVED ORGANIZATIONS

INVOLVEMENT NAME ADDRESS
V- 1 Hermosa Beach PD

INVOLVEMENT NAM ADDRESS
R- 1 Hermosa Beach Police Department

NARRATIVE
Source:

The HBPD Detective Bureau was made aware that 1121 Aviation BI) had forfeited their liquor license. In doing so, they gave up their ability to sell any alcoholic beverages.

Follow- up:

On 3/ 19/ 25, Detective Sergeant Smith, Detective Blumenfeld, Detective Reyes, and I ( DiGenova # 241), while in an undercover capacity ( no police insignia exposed), responded to to do a compliance check of the business. Upon our arrival, we were greeted by the owner of the business, Immediately after entering, I noticed there were what appeared to be several unopened bottles of sake ( Japanese wine) along the partition wall that separates the main dining area and other seating We sat at the table in the southeast corner of the restaurant
Once we sat down came to our table and offered us drinks, which we all initially ordered water. Upon returning, Detective Blumenfeld attempted to order a Coors Light, to which we were informed only Sapporo and Asahi ( two other beer companies) were available Ultimately, we all ordered Sapporo beer, to which took our order and walked away It should be noted, did not ask us our age or request to see our ID' s.

A short time later, returned with four cold mugs and four unopened bottles of Sapporo beer ( 20. 3 oz). opened the bottles for us, to which we poured the beverages in our glasses and began to drink them.

After we poured our beverages into the mugs, we took a photograph together holding our beverages, and was in the background of that photograph. See attached.

We also ordered food. to which took our orders, and later brought us the food that we ordered After finishing our meals, brought us our check, we paid for our bill, then we left the location.

REPORTING OFFICER SIGNATURE DATE SUPERVISOR SIGNATURE DATE Nicolas Digenova# 241 Apr 4, 2025 14. 19 ( e- signature) Brent Zuber# 206 Apr 5, 2025 04: 32 ( e- signature)

PRINT NAME PRINT NAME
Nicolas Digenova # 241 Brent Zuber# 206
Hermosa Beach Police Department Pg of 2
540 PIER AVE! HERMOSA BEACH, CA 90254 I P 310 318 0360
NOTE Summamed'. port + oo Yaw-- mTan og Ma'. port may extat m IPa RMS Marke3 PUS Form w2 0 3enemren OP101 Or, Apr,29. 2025 1000. Page 843 of 1304 DR# 25- 0000695- Crime/ Incident Report Cover Sheet Hermosa Beach Police Department Pg 2 of 2 Based on the above, I made the determination was in violation of 23300 B& P - Selling Alcohol without a License.

REPORTING OFFICER SIGNATURE DATE SUPERVISOR SIGNATURE DATE Nicolas Digenova# 241 Apr 4, 2025 14: 19 ( e- signature) Brent Zuber# 206 Apr 5, 2025 04: 32 ( e- signature)

PRINT NAME PRINT NAME
Nicolas Digenova# 241 Brent Zuber# 206
Hermosa Beach Police Department Pg 2 of 2
540 PIER AVE I HERMOSA BEACH. CA 90254 I P: 310 318. 0380 NOTE: Swmr. rrr a rear. Um a . mea, c6,9 r..' port"' sr" 1" 9. RMS Mrk43 RMS Form v2. 0 gonsmted by K. Of 919101 on Apr 29 2025 1000

Page 844 of 1304 ends

DR# 25- 0000695- Supplement- 1 Report Hermosa Beach Police Department Pg 1 of 2 DR# 25- 0000695 - Supplement - 1 Report

REPORT DATE TIME EVENT START DATE - EVENT END DRTE TA, IE PRIMARY REPOR TER Apr 9, 2025 13: 46 Mar 25, 2025 07: 31 - 07: 31 Nicolas Digenova # 241

REPORT DESCRIPTION
Supplemental Report
NT r, DF
Assisting narrative

NARRATIVE
This supplemental report is to serve as a correction to the name of the business listed in the initial crime/ incident report under this DR. The business bears the name of on the building, however, the business is registered with the City of Hermosa Beach as being named The owner is listed as being
It should be noted, I was informed by the California Department of Alcoholic Beverage Control that the business surrendered its liquor license on 1- 23- 25. Thus, being served the Sapporo beer that undercover officers were served on 3- 19- 25 places the business in violation of 23300 B& P

INVOLVED PERSONS
INVOLVED PERSON- 1 NAME 1LAST, FIRST MIDDLE) D08' ESTIMATED AGE RANGE P- 1

SEX RACE I ETHNICITY PHONE NUMBER

INVOLVEMENT TYPE
Owner

INVOLVED ORGANIZATIONS
INVOLVED ORGANIZATION- i NAME
0- 1
ORGANIZATION TYPE ORGANIZATION INDUSTR`r
Business Restaurants
vIA ILiN ADORES
1121 AVIATION BLVD, HERMOSA BEACH, CA 90254

PHONE NUMBER

INVOLVEMENT TYPE
Offender

INVOLVED LOCATIONS
1121 AVIATION BLVD, HERMOSA BEACH, CA 90254

RELATIONSHIPS ADDENDUM

NAME RELATIONSHIP SUBJECT

IN INVESTIGATION
WITH

REPORTING OFFICER SIGNATURE DATE SUPERVISOR SIGNATURE DATE Nicolas Digenova# 241 Apr 9, 2025 13: 58 ( e- signature) James Smith # 158 Apr 9, 2025 14 01 ( e- signature)

PRINT NAME ORINT NAME
Nicolas Digenova # 241 James Smith # 158
Hermosa Beach Police Department og of 2
540 PIER AVE HERMOSA BEACH, CA 90254 I P: 310. 318. 0360 Mark. f RMS' oim. 2J aene. are,, R , "> mr lPM0+ mAr 29. 202510: 00. Page 845 of 1304 DR# 25- 0000695- Supplement- 1 Report Hermosa Beach Police Department Pg 2 of 2

NAME RELATIONSHIP SUBJECT
TIED TO - owns
the business

REPORTING OFFICER SIGNATURE DATE SUPERVISOR SIGNATURE DATE Nicolas Digenova# 241 Apr 9, 2025 13 58 ( e- signature) James Smith # 158 Apr 9, 2025 14: 01 ( e- signature)

PRINT NAME PRINT NAME
Nicolas Digenova # 241 James Smith# 158
Hermosa Beach Police Department Pg 2 of 2
540 PIER AVE I HERMOSA BEACH, CA 90254 I P 310 318 0360 Mark/ 3 RMS Form v2 0 generated by K Orl¢ eP* Or an Apr 29. 1025+ 0 00 Page 846 of 1304

MUNICIPAL CODE
Hermosa Beach, CA | Municipal Code Date Printed: 4/22/2025 | pg. 1

HERMOSA BEACH, CA MUNICIPAL CODE
TITLE 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.04 Business Licenses Generally

5.04.260 Revocation and suspension of licenses.

Any license issued under the provisions of this title is issued and used by all parties receiving or using the same subject to the express condition that the city council may revoke or suspend the license or impose new conditions in any of the followings instances:

A. Where the city council finds and determines that the preservation of the public health, safety and peace demand revocation of such license or permit;
B. Where the licensee or permittee has violated any provisions of this code, any ordinance of the city or any other provision of law;
C. Where a permit or license has been granted on false or fraudulent evidence, testimony or application; D. Where the licensee or permittee has violated the terms and provisions of such license or permit; E. Where the licensee has conducted the business in an immoral or disorderly manner, or has failed to exercise reasonable efforts to maintain order among the customers and patrons and to prevent violation of law or ordinance by them; or
F. The business has been conducted as to be a public nuisance; G. By the license collector, where the licensee has failed to pay the charges imposed by this chapter or to file reports as required by this chapter within sixty (60) days after such charges or reports become delinquent. (Prior code § 17- 21)

Page 847 of 1304 ends

MUNICIPAL CODE
Hermosa Beach, CA | Municipal Code Date Printed: 4/22/2025 | pg. 1

HERMOSA BEACH, CA MUNICIPAL CODE
TITLE 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.04 Business Licenses Generally

5.04.270 Revocation or suspension hearing.

No license shall be revoked without giving the holder thereof an opportunity to appear before the city council and be heard in his own behalf. The city council or city manager may initiate such revocation proceedings and shall cause a notice of such hearing to be given to the holder of such license at the address set forth in the license application of the time and date of the hearing at least ten calendar days before the hearing. At the time set for the hearing or at the date to which the hearing may be continued by the city council, the holder of the license may be heard and may present any facts to show why such license should not be revoked, and the city council shall hear statements from other persons who may attend the hearing and present reasons why the license should or should not be revoked, and may, if it so desires, place under oath and question any person before it. At the close of the hearing, or at any time within thirty (30) days thereafter, the city council shall determine from the facts produced at the hearing, and from any other facts in its possession whether or not the license should be revoked, and shall make its order accordingly and may make such order conditional upon the doing or not doing of any act by the holder of the license or his agents or servants, which the city council deems for the public good. On the revocation of the license, all license fees shall be forfeited to the city. Notice of such revocation shall be given to the license holder by the city clerk. A license may be suspended for such time and subject to such conditions as the city council may impose in the same manner and for the same reasons that a license may be revoked. From and after the revocation or suspension of said license by the city council, such license shall be null and void and no business shall be conducted or operated in any manner during any period of license revocation or suspension. (Prior code § 17-21.1)

Page 848 of 1304 ends

City of Hermosa Beach | Page 1 of 6
Meeting Date: May 13, 2025
Staff Report No. 25-PW-013
Honorable Mayor and Members of the Hermosa Beach City Council AWARD OF CONSTRUCTION CONTRACT FOR CIP 699 PARKING LOT C

STRUCTURE IMPROVEMENTS
CEQA: Determine that CIP 699, Parking Lot C Structure Improvements, is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301(Existing Facilities). The proposed project scope involves functional improvements to the existing parking structure.
(Public Works Director Joe SanClemente)
Recommended Action:

Staff recommends City Council:

1. Award a construction contract for Capital Improvement Program Project 699 Parking Lot C Improvements to Slater Waterproofing Inc. in the amount of $1,740,542 (Attachment 1);

2. Authorize the Director of Public Works to establish a project contingency in the amount of $262,000 (approximately fifteen percent) and approve contract change orders up to the amount of the approved project 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 699 Parking Lot C 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; and

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

Executive Summary:

Capital Improvement Program (CIP) Project 699, Parking Lot C Structure Improvements, located near the intersection of Hermosa Ave and 13th St (Attachment 3), provides upgrades to the parking structure as shown in the project construction plans (Attachment 4), and further detailed in the contract documents (Attachment 5), and the addenda to the bid documents (Attachment 6). On February 19, 2025, the City received 10 bids for construction of the project. Staff recommends City Council award a construction contract in the amount of $1,740,542 to the lowest responsive and responsible bidder, Slater Waterproofing Inc.

Background:

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City of Hermosa Beach | Page 2 of 6
CIP 699, Parking Lot C Structure Improvements includes, but is not limited to, structural repairs and rehabilitation of the City of Hermosa Beach Parking Structure. The project scope includes repairs of various structural components, concrete repairs, installation of waterproof coating, installation of new guardrails and barrier cables, improvements in the electrical room, replacement of light fixtures, installation of new sump pumps and a new level transducer, power washing of concrete surfaces, restriping, and aesthetic repairs to the parking structure. (Attachment 4).

The scope of work for this project was developed based on a condition assessment report conducted by the City’s on-call civil engineering consultant in January 2021. The report recommended necessary structural, electrical, and mechanical system upgrades to address existing deficiencies. These repairs and upgrades are intended to extend the service life of various components, minimize downtime due to unscheduled repairs, and maintain the facility in optimal condition.

The project involves the removal of loose concrete spalls along with the removal and replacement of deteriorated metal guardrails and the replacement of the barrier steel railing throughout the parking structure. Additionally, concrete will be installed, and bollards will be added in front of the rooftop perimeter and stairs to provide additional protection against vehicle impact loads. Epoxy injection will be utilized to address cracks in concrete shear walls, columns, and spandrels. Partial spall repairs will be made to protect the exposed steel reinforcement and post-tensioned tendons on the roof and second floor. Cracks in the floor slab across all levels will be routed and sealed, with rerouting and sealing of existing concrete cracks, and the replacement of all pour-strip joint sealants. New traffic coating will be applied to the roof and second floor, and barrier cables will be re-tensioned.

The existing pole lighting fixtures and ceiling-mounted lighting fixtures in the parking structure will be replaced with energy-efficient LED fixtures. Circuit breakers will be tested, and corroded panels inside the electrical room will be cleaned and repainted. The existing sump pump system will be removed and replaced with new pumps and a level transducer float system. Details of the scope of work for this project is outlined in Attachment 4.

Refurbishment of the elevator is currently being carried out under a separate contract also under CIP 699.

Analysis:

On January 09, 2025, the City issued Notice Inviting Bids 25-001 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 February 19, 2025, the City received a total of ten bids which were opened and read aloud by the City Clerk. The bid results are provided in Attachment 7 and summarized below:

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City of Hermosa Beach | Page 3 of 6

BIDDER BID AMOUNT
Angelus Waterproofing & Restoration, Inc. $1,370,678.50 Leonida Builders Inc. $1,568,326.25
Structural Preservation Systems $1,648,726.00
Slater Waterproofing, Inc. $1,740,542.00
Applied Restoration Inc. $1,776,457.00
Howard Ridley Co., Inc. $1,927,565.00
Armstrong Cal Builders Inc $1,987,752.00
MINAKO AMERICA CORPORATION $2,182,050.00
US Builders & Consultants $2,640,017.00
Bedrock Group, Inc. $2,835,455.00
Staff reviewed the 10 bids received and found that the lowest bidder, Angelus Waterproofing & Restoration, Inc., submitted a bid without having the specified contractor’s license, deeming this bidder non-responsive.

A formal letter was issued to all bidders on February 25, 2025, outlining the reasons for rejection. Angelus Waterproofing, Inc., did not contest this determination.

The second lowest bidder, Leonida Builders, Inc., did not demonstrate the experience to satisfactorily perform the work. The bidder provided 4 reference projects with its bid, however, upon review, it was found that these projects did not align with the scope of work required for the Parking Lot C Improvements project. The City was not satisfied that the contractor had demonstrated its ability to complete the project therefore, it was determined that Leonida Builders Inc. was non-responsible. Leonida Builders, Inc. contested this determination and provided a Bid Review Letter, dated February 26, 2025, listing additional projects to demonstrate its ability to complete the work. Staff reviewed the additional information provided by Leonida Builders Inc. and confirmed the City’s initial determination.

The third lowest bidder, Structural Preservation Systems, did not provide a complete bid bond as its submitted bid bond document did not include the required bid amount.

Therefore, it was determined that the contractor was non-responsive. Structural Preservation Systems did not contest this determination.

With the three lowest bidders having been found to be either non-responsive or nonresponsible and their bids disqualified, staff reviewed the bid submitted by the fourth lowest bidder, Slater Waterproofing Inc., and determined its bid to meet the contract requirements. Slater Waterproofing, Inc.’s total bid amount is lower than the Engineer’s Estimate of $1,800,000. Staff confirmed Slater Waterproofing Inc.’s contractor license is active and in good standing with the Contractor’s State License Board. Staff contacted Slater Waterproofing Inc. references and confirmed their competency through completion

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City of Hermosa Beach | Page 4 of 6
of recent projects of similar scope of work within the past five years. Past clients include the City of Beverly Hills, City of Cerritos, and City of San Luis Obispo. All reviewed projects were completed on time and within budget. Therefore, Slater Waterproofing Inc.’s bid, was found to be the lowest responsible and responsive bidder with a bid in the amount of $1,740,524. (Attachment 8).

Staff recommends City Council award the construction contract to Slater Waterproofing Inc (Attachment 1). If awarded, the City will implement a comprehensive construction management and oversight program to ensure satisfactory completion of work for such a specialized project. Staff will provide construction management oversight and will also retain the services of a qualified inspection and construction management consulting firm, specialized in parking structure construction and repairs, to augment staff’s efforts and provide technical oversight support.

To minimize public disruption, the project is scheduled to begin after the summer season, ensuring that Parking Lot C remains open during the peak period. City staff are actively coordinating with adjacent property owners, including Triwell Properties and the Beach House Hotel, to address and mitigate potential impacts associated with the temporary closure of the structure.

Construction is anticipated to commence the first week of October 2025, with an estimated completion date of December 2025. Residents and business owners directly impacted by the subject project would be notified about the project alerting them of construction dates, expected type of work, possible vehicular and pedestrian traffic impacts, and contact information 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 CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use.. No exceptions to the CEQA exemption apply.

General Plan Consistency:

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

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

Policies:

Page 852 of 1304 ends

City of Hermosa Beach | Page 5 of 6
 1.1 Facility upgrades. Improve and update park and open space facilities on a regular basis.
 1.2: Lighting and visibility. Provide appropriate lighting and visibility within park facilities while avoiding adverse impacts to adjacent properties.

Goal 7. The beach offers high quality recreational opportunities and amenities desired by the community.

Policies:
 7.2 Amenity Upkeep. Continue to update, replace, and add new public restrooms, water fountains, and other City-maintained beach facilities on an ongoing basis.

Public Safety
Goal 1. Injuries and loss of life are prevented, and property loss and damage are minimized.
 1.1 Evaluate risks. Buildings and infrastructure will be periodically evaluated for seismic, fire, flood, and coastal storm hazard risks and identified risks will be minimized by complying with California Building Code standards and other applicable regulations.

Goal 6. Hermosa Beach is prepared for, responds to and recovers quickly from natural disasters.
 6.3 Invest in critical facilities. Dedicate funds to upgrade and maintain essential facilities (including EOC, Police/Fire Facilities, and City Hall) to make them more resilient to the potential impacts of natural disasters.

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

Policies:
 1.1 Infrastructure systems plan. Establish and adopt an integrated, holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience.
 1.8 Minimize recurring repairs. Ensure that recurring repairs to City facilities are minimized by investing in low maintenance materials and performing preventive procedures where available.

Fiscal Impact:

CIP 699 Parking Lot C Improvements Project is budgeted in the FY 2024–25 Adopted Budget and funded through the Tyco Fund (122), Measure W Fund (149), Storm Drains Fund (161), and RTI Undersea Cable Fund (190). Staff recommend establishing an approximately fifteen percent contract contingency of $262,000 to cover the cost of any

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City of Hermosa Beach | Page 6 of 6
unforeseen conditions or additional work required during construction, for a total construction budget not to exceed $2,002,542.

The lower than anticipated construction costs would allow for cost savings on the project.

As a result, more than sufficient funds are available to cover the $2,002,542 construction budget and below the $2,859,435 reserved for construction in the FY 2024-25 CIP, which is also being used to fund the costs of the elevator refurbishment estimated at approximately $245,000. Staff anticipates retaining specialty inspection services through an upcoming request for proposal (RFP) process for this project that would use available funds from the project balance. Any excess funds reserved 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:

Agreement Request
Description Request
Amount
FY 2024-2025 Budget
Dept. Account # Total Contract Amount
Slater Waterproofing Inc $1,740,542
122-8699-4201
149-8699-4201
161-8699-4201
190-8699-4201
$587,084
$69,370
$124,800
$959,288
15 percent Contingency $262,000 122-8699-4201 $262,000
Total $2,002,542 $2,002,542
Attachments:

1. Draft Contract

2. Draft Resolution

3. Project Location Map

4. CIP 699 Project Plans

5. CIP 699 Contract Documents and Special Provisions

6. CIP 699 Addenda to Bid Documents

7. Bid Opening Log

8. Slater Waterproofing Inc - Bid Documents
Respectfully Submitted by: Jonathan Pascual, Assistant Engineer Concur: Saad Malim, Senior Engineer
Concur: John Oskoui, Acting City Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Concur: Brandon Walker, Administrative Services Director Legal Review: Todd Leishman, Interim City Attorney
Reviewed by: Leo Zalyan, Interim Deputy City Manager

Page 854 of 1304 ends

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 Slater Waterproofing, 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 No. 699 PARKING STRUCTURE LOT “C” IMPROVEMENTS, bids were received, publicly opened, and declared on the date specified in the notice; and
B. On March 11th, 2025 City’s City Council declared CONTRACTOR to be the lowest responsible Bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written Contract with CONTRACTOR for furnishing labor, equipment, and material for the CIP No 699 PARKING STRUCTURE LOT “C” 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 No. 699 PARKING STRUCTURE LOT “C” IMPROVEMENTS in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated January 2025, on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.

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

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3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal $1,740,542.00 as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within seventy five (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

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

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

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

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

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

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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.

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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

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maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program

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

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

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

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine 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

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Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

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

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

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

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

15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the Contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.

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

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

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work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors.
a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vii. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such selfinsured 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.

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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 selfinsurance 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.

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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.
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

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insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. j. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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

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

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

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

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

CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.

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

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

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Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

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

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

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

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

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

27. DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

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

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

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

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

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

City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed.

Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

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

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

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the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.

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

Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.

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

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

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

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

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.

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

Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

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

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

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

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

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

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protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

25. TERMINATION: This Contract may be terminated by CITY at any time, either with our without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract.

26. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties.

27. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party.

There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

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

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

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

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

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

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

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

State of California
CONTRACTOR'S License No. __

CONTRACTOR

_________________ By: ____________________________________________ Date TITLE

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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

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CITY OF HERMOSA BEACH
RESOLUTION NO. 25-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING THE CONSTRUCTION OF CIP 699

PARKING LOT C IMPROVEMENTS PROJECT PURSUANT TO
GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT

PAYMENT ACCOUNT
WHEREAS, The City solicited competitive bids for the Parking Lot C Improvements Project; and
WHEREAS, Bids were received and opened publicly on February 19, 2025, and Slater Waterproofing Inc. was chosen as the lowest responsible and responsive bidder; WHEREAS, The City Council, desires to confirm City staff’s decision and award the construction contract to the lowest responsible and responsive bidder, Slater Waterproofing Inc., for the Parking Lot C Improvments Project;

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

SECTION 1. On February 19, 2025 the City received a total of ten (10) bids which are summarized below:

BIDDER BID AMOUNT
Angelus Waterproofing & Restoration, Inc. $1,370,678.50 Leonida Builders Inc. $1,568,326.25
Structural Preservation Systems $1,648,726.00
Slater Waterproofing, Inc. $1,740,542.00
Applied Restoration Inc. $1,776,457.00
Howard Ridley Co., Inc. $1,927,565.00

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Armstrong Cal Builders Inc. $1,987,752.00
MINAKO AMERICA CORPORATION $2,182,050.00
US Builders & Consultants $2,640,017.00
Bedrock Group, Inc. $2,835,455.00
SECTION 2. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the plans and construction of the Project. The City Engineer finds that the plans are complete and the Project may be constructed.

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

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

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SECTION 5. The Project is exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 (Existing Facilities). The project scope involves functional improvements to the existing parking structure. No exceptions to the CEQA exemption apply.

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

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

PASSED, APPROVED, and ADOPTED on this 13th day of May, 2025.

Mayor Rob Saemann
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla Todd Leishman,
City Clerk City Attorney

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Parking Lot C Structure -
1301 Hermosa Avenue,
Hermosa Beach,CA, 90254 Project Site N

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GENERAL NOTES:

1. CONSTRUCTION WORK HOURS ARE LIMITED TO 8:00AM TO 6:00 PM, MONDAY THROUGH FRIDAY. WORK IS PROHIBITED ON SATURDAYS, SUNDAYS, AND HOLIDAYS AS DEFINED IN THE SPECIAL PROVISIONS.

2. ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, THE LATEST EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (“GREENBOOK”), CITY OF HERMOSA BEACH PUBLIC WORKS STANDARDS, AND ALL OTHER CONTRACTUAL REQUIREMENTS.

3. ALL WORK DONE WITHIN THE PUBLIC RIGHT-OF-WAY SHALL BE DONE BY A LICENSED CONTRACTOR WITH A CLASS X LICENSE.

4. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN ALL NECESSARY PERMITS FROM THE CITY AND ANY OTHER JURISDICTIONAL AGENCIES REQUIRED TO ACCOMPLISH ALL WORK WITHIN THE PUBLIC RIGHT-OF-WAY. NO WORK SHALL START UNTIL ALL NECESSARY PERMITS ARE OBTAINED.

5. ALL WORK IS SUBJECT TO THE REQUIREMENTS OF THE PERMIT(S) OF THE CITY OF HERMOSA BEACH INCLUDING, BUT NOT LIMITED TO, BARRICADES, TRAFFIC CONTROL, BACKFILL COMPACTION, PAVEMENT REPAIRS, ETC.

6. ALL CONTRACTORS WORKING ON PUBLIC WORKS PROJECTS MUST HAVE A CURRENT CITY OF HERMOSA BEACH BUSINESS LICENSE.

7. THE CONTRACTOR SHALL PROVIDE WRITTEN NOTIFICATION TO THE PUBLIC WORKS DEPARTMENT ON A

CITY-PROVIDED PUBLIC NOTICE FORM FOR APPROVAL THEN, UPON APPROVAL, DISTRIBUTE THE NOTICE TO ALL AFFECTED PROPERTIES AT LEAST 72 HOURS IN ADVANCE OF START OF CONSTRUCTION. NOTICE SHALL INFORM THE PUBLIC OF ALL CONSTRUCTION OPERATIONS INCLUDING ANY STREET CLOSURE OR PARKING RESTRICTION.

8. THE CONTRACTOR SHALL NOTIFY BUS COMPANIES OF ANY STREET CLOSURES AT LEAST 72 HOURS PRIOR TO THE COMMENCEMENT OF WORK. THE CONTRACTOR SHALL COORDINATE THE TEMPORARY RELOCATION OF ANY BUS STOP IMPACTED BY CONSTRUCTION; SEE AGENCY CONTACTS FOR CONTACT INFORMATION.

9. THE CONTRACTOR SHALL FAMILIARIZE THEMSELVES WITH THE PLANS PRIOR TO COMMENCING WORK. SHOULD

CONFLICTING INFORMATION BE FOUND ON THE PLANS, THE CONTRACTOR SHALL NOTIFY THE ENGINEER BEFORE PROCEEDING WITH THE WORK IN QUESTION.

10. PRIOR TO COMMENCING CONSTRUCTION, THE CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS IN THE FIELD INCLUDING DIMENSIONS AND SOIL CONDITIONS. IF THE FIELD CONDITIONS DIFFER FROM THOSE SHOWN ON THE

PLANS, THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER AND SHALL NOT BEGIN CONSTRUCTION UNTIL THE CHANGED CONDITIONS HAVE BEEN EVALUATED AND ADDRESSED. ANY WORK PERFORMED IN CONFLICT WITH

THE CONTRACT DOCUMENTS OR ANY APPLICABLE CODE REQUIREMENTS SHALL BE CORRECTED BY THE CONTRACTOR AT THEIR OWN EXPENSE AND AT NO EXPENSE TO THE CITY.

11. NOTES AND DETAILS ON THE DRAWINGS SHALL TAKE PRECEDENCE OVER GENERAL NOTES AND TYPICAL DETAILS.

WHERE NO DETAILS ARE GIVEN CONSTRUCTION SHALL BE AS SHOWN FOR SIMILAR WORK.

12. THE CONTRACTOR SHALL SUPPLY ALL EQUIPMENT, LABOR, AND MATERIALS NECESSARY TO PERFORM THE WORK SHOWN ON THE PLAN. THE CONTRACTOR SHALL USE ADEQUATE NUMBERS OF SKILLED WORKERS WHO ARE

THOROUGHLY TRAINED AND EXPERIENCED IN THE NECESSARY CRAFTS AND WHO ARE COMPLETELY FAMILIAR WITH THE SPECIFIED REQUIREMENTS AND THE METHODS REQUIRED PRIOR TO PERFORMANCE OF THE WORK.

13. THE CONTRACTOR SHALL COORDINATE ALL WORK, INCLUDING SUBCONTRACTORS' WORK, SO AS TO ELIMINATE CONFLICTS AND WORK TOWARD THE GENERAL COMPLETION OF THE ENTIRE PROJECT WITHIN THE CONTRACT PERIOD.

14. THE CONTRACTOR SHALL REPLACE ALL EXISTING IMPROVEMENTS (PAVEMENT, STRIPING, RAISED MARKERS, ETC.) DAMAGED DURING CONSTRUCTION IN KIND AND TO THE SAME OR BETTER CONDITION.

15. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE OR EXCESSIVE WEAR AND TEAR TO ROADS, OR

ADJACENT PUBLIC OR PRIVATE PROPERTY CAUSED BY CONSTRUCTION-RELATED WORK AND SHALL BE RESPONSIBLE TO IMPLEMENT MEASURES TO PREVENT SUCH DAMAGE.

16. ANY ASPHALT OR CONCRETE PAVEMENT WITHIN THE PROPERTY LIMITS THAT IS DAMAGED DURING CONSTRUCTION SHALL BE REMOVED AND REPLACED TO MEET CURRENT CITY STANDARDS.

17. ALL EXISTING SURFACE FEATURES SHALL BE PROTECTED IN PLACE UNLESS OTHERWISE NOTED. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGES DURING CONSTRUCTION.

18. ANY PUBLIC PROPERTY DAMAGED DURING CONSTRUCTION SHALL BE REPLACED IN KIND OR BETTER TO THE SATISFACTION OF THE PUBLIC WORKS INSPECTOR OR ENGINEER. THE CITY SHALL, AT ITS DISCRETION AND IN THE INTEREST OF PUBLIC SAFETY, MAKE ANY REPAIRS DEEMED NECESSARY; THE COST OF SUCH REPAIRS SHALL BE DEDUCTED FROM THE CONTRACT COST.

19. GRAFFITI IN FRESHLY POURED CONCRETE SHALL BE REMOVED BY WHATEVER MEANS NECESSARY UP TO AND INCLUDING REMOVAL AND REPLACEMENT.

20. UNLESS OTHERWISE NOTED, ALL TRAFFIC SIGNS SHALL BE PROTECTED IN PLACE BY THE CONTRACTOR.

21. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING AN APPROVED COPY OF CONSTRUCTION PLANS AT THE PROJECT SITE DURING CONSTRUCTION. ALL DRAWINGS ARE CONSIDERED PART OF THE CONTRACT DOCUMENTS.

22. THE CONTRACTOR SHALL MAKE AVAILABLE FOR THE INSPECTOR'S REVIEW, ON A DAILY BASIS, AS-BUILT DRAWINGS FOR WORK PERFORMED UP TO AND INCLUDING THE PREVIOUS DAY'S ACTIVITIES. WORK SHALL NOT BE CONSIDERED COMPLETE UNTIL AS-BUILT DRAWINGS ARE SUBMITTED AND ACCEPTED BY THE PUBLIC WORKS DIRECTOR.

UTILITIES:

23. THE CONTRACTOR SHALL CALL IN A LOCATION REQUEST TO UNDERGROUND SERVICE ALERT (USA) AT (800) 227-2600 AT LEAST 72 HOURS BEFORE PERFORMING ANY DIGGING. SECTION 4216/4217 OF THE GOVERNMENT CODE REQUIRES THAT A DIGALERT IDENTIFICATION NUMBER BE ISSUED BEFORE A “PERMIT TO EXCAVATE” WILL BE VALID. THE

CONTRACTOR SHALL PROVIDE THE DIGALERT NUMBER TO THE CITY, AND UPON EXPOSING ANY UNDERGROUND FACILITY, THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THAT UTILITY COMPANY.

24. EXISTING UTILITIES AND STRUCTURES (UNDERGROUND, SURFACE, OR OVERHEAD) ARE INDICATED ONLY TO THE

EXTENT THAT SUCH INFORMATION WAS KNOWN, MADE AVAILABLE TO, OR DISCOVERED BY THE DESIGNER IN PREPARING THE DRAWINGS. THE LOCATIONS, CONFIGURATIONS, AND PLAN VIEW ELEVATIONS OF SUBSURFACE FACILITIES ARE APPROXIMATE AND NOT ALL UTILITIES AND FACILITIES MAY BE INDICATED.

25. THE CONTRACTOR SHALL DETERMINE THE LOCATIONS, DEPTH, MATERIAL, CONDITIONS, ROUNDNESS, AND SIZE OF

ALL UTILITIES, AND SUBSTRUCTURES INCLUDING SERVICE CONNECTIONS AND LATERALS WITHIN THE ALIGNMENT AND WORK LIMITS OF THE PROPOSED IMPROVEMENTS.

26. THE CONTRACTOR SHALL BEAR THE COST OF REPAIRING OR REPLACING ANY OF SAID STRUCTURES DAMAGED BY THEM DURING THE PROSECUTION OF THE WORK. ALL REPAIRS AND REPLACEMENTS SHALL BE DONE IN THE PRESENCE OF THE INSPECTOR. ALL LOCATIONS SHOWN ON THE PLANS FOR UTILITIES HAVE BEEN TAKEN FROM AVAILABLE RECORDS AND THEIR COMPLETENESS AND CORRECTNESS ARE IN NO WAY GUARANTEED.

27. BEFORE CONSTRUCTION IS STARTED, CONTRACTOR SHALL COORDINATE WITH THE OWNER OF EACH UTILITY AND

DEFINE THE REQUIREMENTS AND METHODS TO ACCOMMODATE THE PROTECTION, TEMPORARY SUPPORT, ADJUSTMENT, OR RELOCATION OF ANY UTILITIES AFFECTED BY THE PROPOSED WORK. THE CONTRACTOR SHALL

EXERCISE CARE WHEN WORKING NEAR EXISTING UTILITIES AND SHALL BE RESPONSIBLE FOR ALL DAMAGE, BREAKAGE, OR LEAKS CAUSED BY THEIR WORK.

28. ALL EXISTING UTILITIES SHALL BE MAINTAINED AND PROTECTED IN PLACE BY THE CONTRACTOR UNLESS OTHERWISE NOTED. EXISTING UTILITIES AND/OR NEW IMPROVEMENTS SHALL BE SUPPORTED AS REQUIRED BY THE ENGINEER IN ACCORDANCE WITH SSPWC STANDARD PLAN 224-3.

29. ALL FIRE HYDRANTS, WATER CONTROL VALVES, AND MAINTENANCE HOLES SHALL BE KEPT FREE FROM OBSTRUCTIONS AND AVAILABLE FOR USE.

30. IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO ADJUST TO FINISHED GRADE EXISTING SEWER AND STORM DRAIN MAINTENANCE MANHOLES AND COVERS AND ALL OTHER UTILITY BOX AND VALVE COVERS. WHERE APPLICABLE, CONCRETE COLLARS SHALL BE INSTALLED TO MATCH FINISHED GRADE WHETHER INDICATED ON THE PLANS OR NOT.

SEPARATION OF SEWER AND WATER FACILITIES SHALL BE IN CONFORMANCE WITH THE LATEST EDITION OF THE STATE CONCRETE COLLARS SHALL BE INSTALLED TO MATCH FINISHED GRADE WHETHER INDICATED ON THE PLANS OR NOT.

31. SEPARATION OF SEWER AND WATER FACILITIES SHALL BE IN CONFORMANCE WITH THE LATEST EDITION OF THE STATE OF CALIFORNIA DEPT OF HEALTH SERVICES.

32. SEWER LATERALS SHALL BE CONNECTED TO THE SEWER MAIN WITH WYES.

33. SEWER LINES SHALL BE TESTED PRIOR TO MAKING PERMANENT SERVICE CONNECTIONS.

34. IN ADDITION TO ITEMS LISTED IN THESE PLANS, THE CONTRACTOR SHALL FURNISH ALL NECESSARY ADAPTORS,

COUPLINGS, BOLTS, GASKETS, CAULKING MATERIALS, AND REPAVING MATERIALS AS REQUIRED TO COMPLETE THE WORK.

35. PIPES SHALL BE CONSTRUCTED SO AS TO PROVIDE THE FOLLOWING MINIMUM CLEARANCES TO EXISTING OR OTHER PROPOSED UNDERGROUND CONDUITS OR STRUCTURES (UNLESS OTHERWISE NOTED ON PLANS OR IN SPECS):
a. HORIZONTAL: 24-INCHES OUTSIDE DIAMETER TO OUTSIDE DIAMETER b. VERTICAL: 12-INCHES OUTSIDE DIAMETER TO OUTSIDE DIAMETER

36. CONTRACTOR SHALL ADJUST SEWER MAIN ALIGNMENTS AS REQUIRED TO MAINTAIN MINIMUM CLEARANCE

BETWEEN WATER MAIN AND OTHER EXISTING UTILITIES, VAULTS, MANHOLES, STRUCTURES, AND SUBSURFACE FACILITIES AT NO ADDITIONAL COST TO THE CITY. PIPELINE CONSTRUCTION IN THE VICINITY OF WATER MAINS SHALL, AT A MINIMUM, CONFORM TO THE LOS ANGELES COUNTY WATERWORKS DISTRICTS STD. PLAN W-50.

37. ALL CROSSING UTILITIES SHALL HAVE A MINIMUM 12-INCH CLEARANCE UNLESS OTHERWISE NOTED.

38. CONTRACTOR SHALL POTHOLE AND VERIFY DEPTH, LOCATION, AND DIMENSIONS OF EXISTING FACILITIES AND CONNECTION POINTS PRIOR TO CONSTRUCTION OF MAINS.

39. LOCATIONS OF EXISTING SEWER, GAS, AND WATER SERVICE LATERALS ARE NOT SHOWN ON THE PLANS. CONTRACTOR

SHALL PROTECT IN PLACE ALL EXISTING SERVICES UNLESS OTHERWISE NOTED

40.BACKFILL OF TRENCHES SHALL BE DONE IN LIFTS OF NO MORE THAN 8-INCHES WITH WATER AND APPROPRIATE COMPACTION TOOLS USED BETWEEN EACH LIFT. ONE SACK SLURRY MIX CAN BE USED IN PLACE OF NATIVE SOIL.

AFTER BACKFILLING THE TRENCH, A TEMPORARY ASPHALT PATCH SHALL BE PLACED OVER THE TRENCH AND REMAIN FOR NO MORE THAN TWO WEEKS. THE FINAL PATCH SHALL BE A MINIMUM OF 5” THICK OR 1” THICKER THAN THE EXISTING PAVEMENT. THE CONTRACTOR SHALL FOLLOW THE LATEST HERMOSA BEACH PUBLIC WORKS STANDARD DETAILS 115 - 117.

41. THE FINAL PATCH ON ASPHALT STREETS SHALL BE PER THE LATEST HERMOSA BEACH PUBLIC WORKS STANDARD PLANS 115 AND 116.

42. THE FINAL PATCH ON CONCRETE STREETS SHALL BE PER THE LATEST HERMOSA BEACH PUBLIC WORKS STANDARD PLAN 115.

TRAFFIC CONTROL:

43. THE CONTRACTOR MAY PROHIBIT PARKING WITHIN THE CONSTRUCTION LIMITS AND AS NECESSARY TO COMPLETE THE WORK, SUBJECT TO THE APPROVAL OF THE ENGINEER. ACCESS TO ALL RESIDENCES AND BUSINESSES SHALL BE MAINTAINED AT ALL TIMES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO POST “NO PARKING” SIGNS WITH SPECIFIC TIME FRAMES ON CITY-APPROVED SIGNS AT LEAST 72 HOURS PRIOR TO THE COMMENCEMENT OF WORK.

44. TRAFFIC CONTROL DEVICES AND METHODS SHALL CONFORM TO THE REQUIREMENTS OF THE STATE OF CALIFORNIA

MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (CAMUTCD), LATEST REVISION, AND WORK AREA TRAFFIC CONTROL HANDBOOK (WATCH MANUAL), LATEST EDITION.

45. ALL STREET CLOSURES REQUIRE A TRAFFIC CONTROL PLAN TO BE REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO CONSTRUCTION.

SITE CONTROL / SAFETY:

46. THE CONTRACTOR SHALL COMPLY WITH ALL LOCAL SOUND CONTROL AND NOISE LEVEL RULES, REGULATIONS, AND ORDINANCES WHICH APPLY TO ANY WORK PERFORMED PURSUANT TO THE CONTRACT.

47. ALL CONSTRUCTION SHALL BE IN CONFORMANCE WITH THE REGULATIONS OF CAL-OSHA.

48. ANY WALLS, FENCES, STRUCTURES, AND/OR APPURTENANCES ADJACENT TO THIS PROJECT EITHER IN THE PUBLIC RIGHT-OF-WAY OR ON PRIVATE PROPERTY SHALL BE PROTECTED IN PLACE, UNLESS OTHERWISE NOTED. IF THE

CONTRACTOR'S ACTIVITIES DAMAGE OR ADVERSELY AFFECT SAID ITEMS IN ANY WAY, THE CONTRACTOR IS

RESPONSIBLE FOR WORKING OUT AN ACCEPTABLE SOLUTION TO THE SATISFACTION OF THE AFFECTED PROPERTY OWNERS AT THE CONTRACTOR'S COST.

49. THE CONTRACTOR SHALL BE RESPONSIBLE DURING ALL PHASES OF THE WORK FOR PROVIDING PUBLIC SAFETY AND CONVENIENCE.

50. THE CONTRACTOR SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR THE JOB SITE CONDITIONS, INCLUDING

SAFETY OF ALL PERSONS AND PROPERTY, DURING THE COURSE OF CONSTRUCTION, AND UNTIL THE DATE OF THE NOTICE OF COMPLETION. THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND SHALL NOT BE LIMITED TO WORKING HOURS DESCRIBED IN THE PROJECT SPECIFICATIONS.

51. IN THE CASE OF SUSPENSION OF THE WORK FOR ANY CAUSE WHATSOEVER, THE CONTRACTOR SHALL BE RESPONSIBLE

FOR ALL MATERIALS AND SHALL PROPERLY STORE THEM IF NECESSARY AND SHALL ERECT TEMPORARY STRUCTURE(S) WHERE NECESSARY. THE CITY WILL NOT BE HELD RESPONSIBLE FOR THE CARE OR PROTECTION OF ANY MATERIAL OR PARTS OF THE WORK PRIOR TO FINAL ACCEPTANCE, UNLESS OTHERWISE SPECIFIED.

52. THE CONTRACTOR IS RESPONSIBLE TO OBTAIN THEIR OWN STAGING AREA FOR ALL TOOLS, EQUIPMENT, MATERIAL, AND PARKING. AT THE END OF EACH DAY, THE CONTRACTOR SHALL REMOVE ALL MATERIALS, DEBRIS, FOREIGN MATERIAL, AND EQUIPMENT FROM THE JOB SITE UNLESS OTHERWISE APPROVED BY THE ENGINEER.

THE PUBLIC RIGHT-OF-WAY SHALL NOT BE USED FOR A STAGING AREA AS DESCRIBED ABOVE UNLESS OTHERWISE MATERIAL, AND EQUIPMENT FROM THE JOB SITE UNLESS OTHERWISE APPROVED BY THE ENGINEER.

53. THE PUBLIC RIGHT-OF-WAY SHALL NOT BE USED FOR A STAGING AREA AS DESCRIBED ABOVE UNLESS OTHERWISE AUTHORIZED BY THE CITY.

54. WATER SHALL BE PROVIDED ON SITE AND USED TO CONTROL DUST DURING CONSTRUCTION OPERATIONS. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING A HYDRANT METER FROM CAL WATER (CALL (310) 420-7730) AND PAY FOR CONSTRUCTION WATER.

55. AS REQUIRED BY THE ENGINEER, THE CONTACTOR SHALL FURNISH AND OPERATE A SELF-LOADING MOTOR SWEEPER

WITH SPRAY NOZZLES AT LEAST TWICE EACH WORKING DAY TO KEEP PAVED AREAS ACCEPTABLY CLEAN WHEREVER CONSTRUCTION, INCLUDING RESTORATION, IS INCOMPLETE.

56. PROPER BARRICADES SHALL BE PLACED AROUND ANY CONSTRUCTION SITE WITHIN THE PUBLIC RIGHT-OF-WAY. THESE BARRICADES SHALL COMPLY WITH THE REQUIREMENTS OF THE WATCH MANUAL.

57. ALL VEHICLES THAT INTRUDE INTO A NORMAL TRAFFIC LANE MUST HAVE PROPER SIGNAGE AND BARRICADES AS REQUIRED BY THE WATCH MANUAL.

58. ALL WORK VEHICLES ARE SUBJECT TO ALL APPLICABLE PARKING RESTRICTIONS.

59. FLAGMEN ARE REQUIRED FOR ANY VEHICLES THAT BLOCK THE TRAVEL LANE AND REQUIRE TRAFFIC TO USE THE OPPOSING LANE TO PASS.

SURVEY / LAYOUT:

60. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROTECTION OF ALL SURVEY MONUMENTS INCLUDING PROPERTY CORNER MARKERS, UNLESS OTHERWISE NOTED ON THE PLANS. PRIOR TO COMMENCEMENT OF WORK ALL SURVEY MONUMENTS IN THE PROJECT AREA SHALL BE LOCATED AND TIED OUT. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR REPLACING ANY SURVEY MONUMENTS THAT ARE DISTRIBUTED DURING CONSTRUCTION. PROPERTY

CORNER MARKERS AND SURVEY MONUMENTS DAMAGED BY CONSTRUCTION ACTIVITIES SHALL BE RE-ESTABLISHED BY A PROFESSIONAL SURVEYOR LICENSED IN THE STATE OF CALIFORNIA.

61. CONSTRUCTION STAKING FOR IMPROVEMENTS SHOWN ON THESE PLANS SHALL BE PERFORMED BY A PROFESSIONAL SURVEYOR LICENSED IN THE STATE OF CALIFORNIA.

62. ALL SURVEY POINTS AND MONUMENTS SHALL BE PROTECTED IN PLACE OR RESET AND RECORDED IF THEY ARE REMOVED OR DESTROYED DURING CONSTRUCTION.

LANDSCAPE:

63. TREES AND FOLIAGE (TO DRIP LINE), SIGNS, PARKING METERS, AND OTHER IMPROVEMENTS SHALL BE PROTECTED IN

PLACE, UNLESS OTHERWISE NOTED, AND ANY DAMAGE TO EXISTING IMPROVEMENTS SHALL BE REPAIRED OR THE IMPROVEMENTS REPLACED IN KIND AT THE CONTRACTOR'S EXPENSE.

64. TREES WITHIN THE PUBLIC RIGHT-OF-WAY MAY NOT BE REMOVED WITHOUT AUTHORIZATION FROM THE ENGINEER AND ARE TO BE PROTECTED FROM INJURY OR DAMAGE DURING CONSTRUCTION.

65. THE CONTRACTOR SHALL NOTIFY THE PUBLIC WORKS DEPARTMENT PRIOR TO ANY TRIMMING, REMOVING, OR RELOCATING OF AN EXISTING STREET TREE.

66. FOR ANY TREE REMOVED DURING THE COURSE OF CONSTRUCTION, THE TREE SHALL BE REPLACED BY TWO IN KIND IN LOCATIONS DETERMINED BY THE ENGINEER.

67. IF STREET TREES ARE REQUIRED IN THE PARKWAY, NEWLY INSTALLED TREES SHALL BE INSTALLED PER THE GREENBOOK TO THE SATISFACTION OF THE INSPECTOR OR ENGINEER. CONTACT THE PUBLIC WORKS DEPARTMENT FOR TYPE(S), SIZE(S), AND LOCATION(S) OF TREES.

68. PLANTED AND IRRIGATED PARKWAY(S), IF REQUIRED, SHALL HAVE MATERIALS AND PLANTS APPROVED BY THE ENGINEER PRIOR TO INSTALLATION.

EROSION CONTROL:

69. THE CONTRACTOR SHALL MAINTAIN AND CLEAN, IF NECESSARY, ALL EXISTING ON-SITE AND ADJACENT STORM DRAIN INLETS DURING THE COURSE OF CONSTRUCTION AND UNTIL THE WORK IS FORMALLY ACCEPTED BY THE CITY.

70. ALL DEBRIS AND FOREIGN MATERIAL SHALL BE REMOVED FROM THE SITE AND DISPOSED OF AT AN APPROVED DISPOSAL SITE. THE CONTRACTOR SHALL OBTAIN NECESSARY PERMITS FOR THE TRANSPORTATION OF MATERIAL TO AND FROM THE SITE. THE REMOVAL AND DISPOSAL OF DEMOLITION ITEMS (TREES, PAVEMENT, SOIL, ETC.) SHALL BE AT THE CONTRACTOR'S EXPENSE.

71. THE CONTRACTOR IS ADVISED THAT ALL MATERIAL AND DEBRIS CREATED BY REMOVAL OPERATIONS SHALL BECOME

THE CONTRACTOR'S PROPERTY AND SHALL BE REMOVED FROM THE JOB SITE IN A MANNER AND AT A LOCATION ACCEPTABLE TO ALL AGENCIES AFFECTED BY THE WORK UNLESS INSTRUCTED BY THE ENGINEER OTHERWISE. THE CITY

SHALL HAVE RIGHT OF FIRST REFUSAL FOR SALVAGEABLE PARTS, AND IF INSTRUCTED BY THE ENGINEER THE CONTRACTOR SHALL DELIVER SUCH PARTS TO THE CITY YARD.

72. THE CONTRACTOR SHALL PROTECT IN PLACE ALL EXISTING CURB DRAINS AND PARKWAY CULVERTS WHETHER SPECIFIED ON THE PLANS OR NOT. THE CONTRACTOR SHALL ENSURE DRAINS AND CULVERTS REMAIN FUNCTIONAL AT ALL TIMES.

73. THE CONTRACTOR SHALL PROVIDE INLET PROTECTION FOR ALL INLETS DOWNSTREAM OF THE WORK AREA IN ACCORDANCE WITH CASQA BMP SE-10.

74. PRIOR TO STORM EVENTS SOIL BINDER, STRAW WATTLE, OR OTHER EROSION CONTROL DEVICES MAY BE APPLIED AND

SECURED TO DISTURBED OPEN AREAS DURING GRADING OPERATIONS IF DETERMINED NECESSARY BY THE CONTRACTOR OR ENGINEER.

REASONABLE CARE SHALL BE TAKEN WHEN HAULING ANY EARTH, SAND, GRAVEL, STONE, DEBRIS, OR ANY Know what'sbelow. Callbefore you dig.

R

SHEET INDEX
SHEET NO. DRAWING NO. SHEET TITLE

VICINITY MAP

PROJECT

LOCATION

PROJECT
SITE
LEGEND:

CIP 699 PARKING STRUCTURE
LOT "C" IMPROVEMENTS
1301 Hermosa ave

LOCATION MAP

PUBLIC WORKS DEPARTMENT

CITY OF HERMOSA BEACH

C I T Y O F H E R M O S A B E A C H , C N A

C I T Y O F H E R M O S A B E A C H , C N A
1 9 0 7
1 9 0 7
GENERAL NOTES:

GENERAL NOTES (cont.) GENERAL NOTES (cont.)
A

PASCUAL,
SAAD MALIM, 800-422-4133
Jonathan Pascual
1/9/2025 1/9/2025 JOHN OSKOUI, P.E. INTERIM CITY ENGINEER DATE 1/9/2025

Page 878 of 1304 ends

ACCORDANCE WITH CASQA BMP SE-10.

74. PRIOR TO STORM EVENTS SOIL BINDER, STRAW WATTLE, OR OTHER EROSION CONTROL DEVICES MAY BE APPLIED AND

SECURED TO DISTURBED OPEN AREAS DURING GRADING OPERATIONS IF DETERMINED NECESSARY BY THE CONTRACTOR OR ENGINEER.

75. REASONABLE CARE SHALL BE TAKEN WHEN HAULING ANY EARTH, SAND, GRAVEL, STONE, DEBRIS, OR ANY HAZARDOUS SUBSTANCE OVER ANY PUBLIC STREET, ALLEY, OR OTHER PUBLIC PLACE. SHOULD ANY MATERIAL BLOW,

SPILL, OR TRACK OVER AND UPON SAID PUBLIC PLACE OR ADJACENT PRIVATE PROPERTY, IMMEDIATE CLEAN UP SHALL OCCUR.

76. THE CONTRACTOR SHALL CONSTRUCT TEMPORARY EROSION CONTROL MEASURES AS DIRECTED BY THE ENGINEER TO CONTROL DRAINAGE WHICH HAS BEEN AFFECTED BY GRADING AND/OR TRENCHING OPERATIONS.

CONSTRUCTION / MATERIALS:

77. UNLESS OTHERWISE SPECIFICALLY MENTIONED ON THE PLANS, THE CONTRACTOR SHALL CONSTRUCT ALL SIDEWALKS, CURB RAMPS, AND STREET CROSSINGS IN COMPLIANCE WITH ADA STANDARDS AND REQUIREMENTS.

78. ALL FORMS AND COMPACTION SHALL BE INSPECTED PRIOR TO ANY CONCRETE POUR OR ASPHALT BEING PLACED.

79. ALL EXISTING PAVEMENT TO BE REMOVED SHALL BE SAW-CUT OR WHEEL-CUT AND REMOVED TO CLEAN STRAIGHT LINES WITH NO OVERCUT.

80. ALL CONCRETE CURB AND GUTTER FLOW LINES WITH LESS THAN 1% GRADE SHALL BE WATER TESTED PRIOR TO FINAL FINISHING TO ENSURE PROPER DRAINAGE WITHOUT UNACCEPTABLE HIGH OR LOW SPOTS.

81. AT ALL LOCATIONS WHERE NEW PAVEMENT JOINS EXISTING, THE EXISTING PAVEMENT SHALL BE COATED WITH AN ASPHALTIC EMULSION.

82. WHERE EXISTING PAVEMENT OR SUBGRADE IS FOUND TO BE UNSTABLE, THE CONTRACTOR SHALL REMOVE AND REPLACE A MINIMUM OF 1 FOOT OF SUBGRADE WITH CRUSHED MISCELLANEOUS BASE (CMB) AND COMPACT TO 95% OF MAXIMUM DRY DENSITY OBTAINABLE AS MEASURED BY ASTM D-1557. IF SHALLOW UTILITIES PREVENT REMOVAL OF SUBGRADE SOIL, A WOVEN GEOFABRIC SHALL BE USED TO PROVIDE STRENGTH TO THE SUBGRADE.

83. EXPANSION JOINTS PERPENDICULAR TO THE CURB SHALL BE INSTALLED IN COMBINED CURB AND GUTTER AT THE BCR, ECR, BC, EC, AND AT LOCATIONS WHERE THE CURB JOINS EXISTING STRUCTURES. LONGITUDINAL EXPANSION JOINTS SHALL BE INSTALLED WHERE THE CURB BUTTS AGAINST ANY EXISTING STRUCTURE.

84. THE EXACT LOCATIONS AND LIMITS FOR THE REMOVAL AND CONSTRUCTION OF SIDEWALKS AND CURB AND GUTTER SHALL BE DETERMINED IN THE FIELD BY THE ENGINEER.

85. PRIOR TO FINAL ACCEPTANCE OF STREET IMPROVEMENTS, ALL PAVEMENT, STRIPING, AND STENCILING WITHIN THE PROJECT AREA SHALL BE RESTORED TO LIKE NEW CONDITION TO THE SATISFACTION OF THE ENGINEER. PAVEMENT MARKING MATERIAL FOR TRAFFIC STRIPING ON PUBLIC ROADS SHALL CONFORM TO SECTIONS 210 AND 214 OF THE LATEST VERSION OF THE GREENBOOK.

86. ALL TRAFFIC MARKING AND STRIPING, UNLESS OTHERWISE NOTED, SHALL CONFORM TO THE LATEST EDITION OF THE CAMUTCD, THE GREENBOOK, AND CALTRANS STANDARD PLANS.

87. AT LEAST 72 HOURS SHALL ELAPSE FROM THE TIME CONCRETE IS PLACED BEFORE VEHICULAR TRAFFIC IS PERMITTED TO TRAVEL ON IT, UNLESS OTHERWISE APPROVED BY THE ENGINEER.

88. ALL UTILITY BOXES SHALL BE ADJUSTED TO THE NEW FINISHED GRADE. DAMAGED BOXES SHALL BE REPLACED. KEEP

ALL UTILITY BOXES OUT OF DRAINAGE FLOW LINES, CURB RETURNS, DRIVEWAY APPROACHES, AND CURB RAMPS UNLESS APPROVED BY THE CITY ENGINEER.

89. ALL FILL SOILS OR SOILS DISTURBED OR OVER-EXCAVATED DURING CONSTRUCTION SHALL BE COMPACTED TO 95% MAXIMUM DENSITY AS DETERMINED BY ASTM SOIL COMPACTION TEST D-1557.

90. ALL PORTLAND CEMENT CONCRETE (PCC) AND ASPHALTIC CONCRETE (AC) SHALL BE REMOVED TO A SAWCUT, COLD JOINT, OR SCORE MARK. NO FLOATER SLABS LESS THAN THE MINIMUM INDICATED IN THE LATEST HERMOSA BEACH PUBLIC WORKS STANDARD PLANS 115 - 117. PCC AND AC REMOVALS SHALL BE SAWCUT A MINIMUM OF 2 INCHES IN THE NECESSARY WORK AREA. SAWCUT SLURRY SHALL BE REMOVED WITH THE VACUUM MACHINE AND DISPOSED OF PROPERLY. NO SLURRY SHALL BE ALLOWED TO ENTER THE STORM DRAIN SYSTEM.

91. SHOULD ANY LINEAR OR AREA TRENCH JOINT BE LOCATED WITHIN 2 FEET (AC PAVEMENT) OR 3 FEET (PCC PAVEMENT)

OF AN EXISTING PAVEMENT PATCH AND/OR CURB AND GUTTER ALIGNMENT, THE ADJACENT PAVEMENT SECTION/PATCH SHALL BE REMOVED AND REPAVED ALONG WITH THE TRENCH PAVEMENT RESTORATION.

92. ALL DAMAGED AND/OR REMOVED DRIVEWAY APPROACH, PCC SIDEWALK, OR CURB AND GUTTER SHALL BE RECONSTRUCTED TO GREENBOOK STANDARDS.

93. RAMP ASPHALT AT EXISTING DRIVEWAYS, GUTTERS, ETC. FOLLOWING MILLING OPERATIONS TO PROVIDE ACCESS IF PAVING IS NOT SCHEDULED FOR THE SAME DAY.

94. ALL EXCAVATIONS SHALL BE APPROPRIATELY SHORED AND PLATED OR BACKFILLED AT THE END OF EACH WORKING DAY AND ROADS OPENED TO VEHICULAR TRAFFIC UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER. PLATES

SHALL BE TACK WELDED, PINNED, AND/OR SECURED IN PLACE BY ANOTHER METHOD APPROVED BY THE INSPECTOR OR ENGINEER.

95. TRAFFIC PLATES ON EXCAVATED AREAS SHALL BE SKID RESISTANT, WITH MINIMUM COEFFICIENT OF FRICTION EQUIVALENT TO 0.35 PER CALIFORNIA TEST METHOD 342. STEEL PLATES BRIDGING SHALL BE STEEL OF MINIMUM A36 GRADE FOR HS20 TRUCK LOADING PER CALTRANS BRIDGE DESIGN SPECIFICATION MANUAL.

96. TRAFFIC STRIPING, MARKINGS, AND RAISED PAVEMENT MARKERS DAMAGED DURING CONSTRUCTION SHALL BE REINSTALLED IN KIND OR AS DIRECTED BY THE ENGINEER AND NOTED IN THE SPECIAL PROVISIONS. ALL NEW STRIPING AND MARKINGS SHALL BE THERMOPLASTIC UNLESS OTHERWISE NOTED AND APPROVED.

Know what'sbelow. Callbefore you dig.

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NOTICE TO CONTRACTOR:

PROFESSIONAL ENGINEER'S NOTE:

UNAUTHORIZED CHANGES AND USES:

GENERAL NOTES (cont.)

GROUND FLOOR

SYMBOLS

LEGEND & ABBREVIATIONS

SYMBOLS HERMOSA AVENUE
14TH COURT
13TH STREET BEACH DRIVE

PASCUAL,

SAAD MALIM,
Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

Page 879 of 1304 ends

Know what'sbelow.

Call before you dig.

R www.walkerconsultants.com
707 Wilshire Blvd
Suite 3650
Los Angeles, CA 90017
213.488.4911 Ph
WALKER

C O N S U L T A N T S
Date Signed: 12/20/2024

SHEET INDEX

RESTORATION

DRAWING TITLE
DWG.

NO.

R-001 02/04/22 65% CONSTRUCTION DOCUMENT
R-101 GROUND FLOOR PLAN
R-102

GENERAL NOTES - STRUCTURE REPAIR
R-103 ROOF PLAN

SECOND FLOOR PLAN
R-501 REPAIR DETAILS
R-502 REPAIR DETAILS
R-503 REPAIR DETAILS

GENERAL
A. CONSTRUCTION

1. Construction shall be in accordance with all applicable Federal, State of California and City of Hermosa Beach codes and ordinances, including Fire Codes, and O.S.H.A. regulations.

2. All material properties shall be as noted in Specifications.

3. Prior to fabrication of any material or placement of concrete, field verify all existing dimensions and conditions shown on Drawings. Report all discrepancies to the Engineer immediately.

4. Do Not Scale Drawings.

B. CONSTRUCTION DOCUMENTS

1. Construction Documents entitled “City of Hermosa Beach North Pier Parking Structures-Repairs” includes these Drawings and separately bound Specifications. For purposes of performing the work, Drawings and Specifications shall be a single unit.

2. Dimensions shown on plans are based on original construction documents. The contractor is required to field verify all conditions for the purpose of preparing the bid and performing the work.

3. Refer to Specification section 020010 for scope, description and requirements of work.

C. DETAILS AND SYMBOLS

1. Repair details are shown on R-500 drawing series.

2. Details with a last digit other than 0 and labeled (FOR CLARIFICATION ONLY) do not represent a separate price item. These details supplement the basic detail to provide additional information. In some cases these details show variation of the typical condition.

3. Where the Work Item bubble is noted “TYP,” it means the work item occurs at all locations where the applicable deterioration or designation symbol occurs on that plan.

4. Where “T.A.R.” is noted, it means there may be areas of this work in addition to the particular designated areas.

5. Where two or more Work Item Bubbles are grouped together, it means any or all of the designated work items may be applicable. Coordination of Work Items is Contractor's responsibility.

6. When a Work Item or Detail is listed as incidental, this work is included in the pay unit of other work items and does not have a separate price.

7. When a Detail is labeled (FOR REFERENCE ONLY) it provides information only about incidental work and does not have a pay unit.

8. Contractor is responsible for determining actual extent and locations of repair areas in accordance with the specifications; work item is shown only to represent the types of deterioration.

9. See work item specification information regarding details.

D. SHORING AND BRACING

1. Contractor shall provide all shoring, bracing, sheeting, etc. required for safety and proper execution of the work.

2. Contractor is solely responsible to prepare shop drawing for bracing and shoring members designed and stamped/sealed by a registered professional engineer (registered in State of California) and submit them to the Engineer for review.

3. The design of the shoring and bracing members shall include all changes in the structure caused by the shoring and bracing.

E. EXISTING SERVICES AND UTILITIES

1. Contractor shall review all existing conditions to determine all Electrical and Mechanical services and Utilities affected by the repair work. Make necessary temporary connections to maintain existing services to all areas affected by the work. The Contractor shall submit the methods and schedule of connections for the owner's approval prior to commencement.

2. Provide a minimum 72 hour notice to the Owner representative prior to any interruptions in utility services.

F. CONSTRUCTION PHASING, SEQUENCING AND TRAFFIC MAINTENANCE

1. Work sequence shall be coordinated with the Owner's representative and all identified project representatives.

2. Owner will continue to use structure during restoration. Contractor must phase and arrange work to maintain access at all times to all areas that are not under construction for both vehicles and pedestrians.

3. The Contractor is responsible for collection and removal of all construction debris on a daily basis, and the site shall be left in a neat and orderly condition, satisfactory to the Owner.

4. The Contractor is responsible for protecting all adjacent structures, landscaping, and other surfaces and items which could be affected by the Work.

G. GENERAL CONCRETE REQUIREMENTS

1. CAST-IN-PLACE CONVENTIONAL CONCRETE (PATCHING/FULL DEPTH) COMPRESSIVE STRENGTH 5000 PSI @ 28 DAYS
WATER-CEMENT RATIO 0.45 MAX.

AIR CONTENT 6 % +/- 1.5%
MAX. SIZE AGGREGATE 1/2 IN. (Select larger agg. for section > 1/2 in) SLUMP (MAXIMUM) 6” W/ SUPERPLASTICIZER
(after water reducer addition)
CEMENT CONTENT 611 LB./C.Y. MIN.

2. PREPACKAGED REPAIR MORTAR (PATCHING/FULL DEPTH) (033760) COMPRESSIVE STRENGTH 3000 PSI @ 7 DAYS
COMPRESSIVE STRENGTH 5000 PSI @ 28 DAYS
MAXIMUM LINEAL SHRINKAGE 10% @ 28 DAYS
H. CONCRETE PROTECTION FOR REINFORCEMENT:

1. The following applies for full section replacement where shown on drawings.

2. The minimum concrete protection for reinforcement shall be per ACI 318-19, Section 7.7.

3. For pre-stressed and non-pre-stressed reinforcement in pre-stressed/pre-cast concrete members, the minimum concrete protection at top of members shall be 1-1/2 in.

4. Minimum cover for reinforcing in non-pre-stressed concrete and non-post-tensioned members.

Minimum Concrete Cover (inches)
a. Slab top reinforcement 1-1/2
b. Slab bottom reinforcement 3/4
c. Beam top reinforcement, U.N 3*
d. Beam stirrups at sides and bottom of beam 1-1/2
e. Beam stirrups at top of beam 2-1/2
f. Column ties 1-1/2
* Or 3X bar diameter, whichever is greater.

I. EPOXY COATING FOR REINFORCEMENT AND ANCHORS.

1. Epoxy coat all reinforcement exposed within repair areas, except welded wire reinforcement.

J. GENERAL P/T REPAIR NOTES:

1. Tendons are near the floor surface. The contractor shall exercise extreme caution during sawcutting and removals so as not to damage existing tendons or tendon sheaths. Tendons may break with explosive force during removals or when cut. Chipping with 15lb. hammers shall be used in lieu of sawcutting near shallow tendons.

2. Caution is required when performing concrete removals. Elevations of P-T tendons in beams vary. Coordinate inspection of exposed tendons following concrete removals.

3. Contractor is solely responsible for the following:
a. Training and monitoring his work force concerning the safety procedures that should be employed in the execution of this work.
b. Maintaining stability of the structure and elements within the structure, during repair work, including but not limited to the installation of shoring and bracing.
c. Where required, Contractor shall submit sealed drawings and calculations from qualified professional engineer, legally registered in state of California to perform such calculation and drawings.

4. Contractor shall be responsible for reviewing available original drawings. Review original drawings and coordinate repair procedures prior to proceeding with the Work. Representative locations of existing P-T tendons and anchors are shown. Exact locations shall be verified in field by Contractor prior to concrete removals. Existing reinforcing steel is not shown on the repair details (UNO). Do not cut any reinforcing, unless directed by Engineer in writing.

5. Maintain original tendon profiles within concrete removal areas. Do not remove concrete below tendons unless required for splicing repairs or to replace damaged sheathing.

6. Tendons may occur individually or bundled.

7. Do not damage tendons in repair area. Contractor-caused damage to tendons shall be repaired as directed by Engineer at no cost to Owner.

8. All P-T repairs shall be reviewed by Engineer prior to commencing work related to the P-T repair.

K. POST-INSTALLED ANCHORS

1. Expansion Anchors - Hilti Kwik Bolt III, Unless noted.

2. Adhesive Anchors - Hilti HY-200, Unless noted.

3. Contractor shall located existing embedded reinforcement using non-destructive testing prior to fabrication of attachments or drilling of holes. Notify Engineer of obstructions that will prevent installation of anchors at design locations.

4. Post-installed Anchors must be installed using the spacing and edge distances given on the plans or details. If field conditions dictate that the anchor spacing or edge distance be modified, the Contractor shall submit a field sketch to the Engineer for review prior to making any modifications.

5. Post-installed anchor holes shall be drilled per manufacturer's written instructions.

6. Adhesive Anchors shall be installed by an ACI-CRSI Certified “Adhesive Anchor Installer”

ABBREVIATIONS

1. APPROX = Approximately

2. AGG = Aggregate

3. BM = Beam

4. BOT = Bottom

5. CIP = Cast in Place

6. CJ = Construction Joint/Control Joint

7. CLR = Clearance

8. COL = Column

9. CONC = Concrete

10. DET = Detail

11. EA = Each

12. E.E. = Each End

13. E.S. = Each Side

14. Embed = Embedment length

15. EJ = Expansion Joint

16. EXIST = Existing

17. FIN = Finished

18. FL = Floor

19. IN = Inches

20. INC = Incidental

21. LF = Linear Foot

22. LS = Lump Sum

23. MAX = Maximum

24. MIN = Minimum

25. N/A = Not Applicable

26. OC = On Center

27. OH = Opposite Hand

28. P/C = Precast

29. REINF = Reinforcement

30. REQ'D = Required

31. SF = Square Foot

32. SIM = Similar

33. SOG = Slab on Ground

34. SPEC = Specification

35. SUPT = Supported

36. T = Top

37. TAR = Typical as Required

38. TYP = Typical

39. UNO = Unless Noted Otherwise

40. WI = Work Item

41. WWR = Welded Wire Reinforcement

WORK ITEM NUMBER
(SEE SPECIFICATIONS)

WORK ITEM IDENTIFICATION
X.X 04/01/22 90% CONSTRUCTION DOCUMENT 12/20//24 BID SET NOTES:

1. REPAIR QUANTITIES IN SCHEDULE ARE REPRESENTATIVE AT THE TIME OF

SURVEY, CONTRACTOR IS RESPONSIBLE FOR DETERMINING ACTUAL

EXTENT AND LOCATIONS OF REPAIR AREAS IN ACCORDANCE WITH THE SPECIFICATIONS. WORK ITEMS ARE SHOWN ONLY TO REPRESENT THE TYPES OF DETERIORATION.

2. OWNER RESERVES THE RIGHT TO INCREASE / DECREASE QUANTITIES AS NECESSARY.

SCOPE OF WORK

CONCRETE , WATERPROOFING AND MAINTENANCE REPAIRS OF THE PARKING STRUCTURE.

RESTORATION REPAIRS AND CONSTRUCTION PERFORMED ON THIS PROJECT

DOES NOT ALTER THE ORIGINAL CODE DESIGNATED OCCUPANCY, TYPE OF CONSTRUCTION, OR FIRE RATING OF THE PARKING STRUCTURE.

30.11 Replace Light Fixtures EA 143

PASCUAL,

SAAD MALIM,

25.1Replace Pump (Pump, Motors,
Slide Rails) 25.1 Level Transducer LSEA 2
1 LF
Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

Page 880 of 1304 ends

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
C
B
A
A.1
2'-6" 15'-0" 35'-0" 20'-0" 20'-0" 20'-0" 20'-0" 19'-5" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 30'-0" 20'-0" 2'-6" 2'-6" 60'-0" 60'-0" 18'-10" 2'-6" 125'-0" 345'-0"

GROUND FLOOR PLAN
1 NORTH

REPAIR SOUTH

ENTRANCE IMPACT
DAMAGE, SEE W.I. 43.7
EXIST. LINE

OF WASH
F.D.

F.D. F.D. F.D.

RAMP UP
F.D.

RAMP UP
UP

DN RAMP DN
F.D.

F.D.

F.D.

F.D. F.D.

RAMP DOWN RAMP UP
STAIR #1
STAIR #3
STAIR #2

45.6 11.5

11.5 11.5

11.5 11.5

7.1 5.2

11.7 11.3

3.10 T.A.R.

30.2 45.7
T.A.R.

4.1 TYP.

49.1 3.11
LEGEND
REFER TO WORK ITEM 3.11
REFER TO WORK ITEM 4.1
Know what'sbelow.

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R www.walkerconsultants.com
707 Wilshire Blvd
Suite 3650
Los Angeles, CA 90017
213.488.4911 Ph
WALKER

C O N S U L T A N T S
Date Signed: 12/20/2024
SHEET NOTES:

REFERENCES:

1. GENERAL NOTES AND WORK ITEM SCHEDULE R-001

2. FLOOR PLANS R-100 SERIES

3. REPAIR DETAILS R-500 SERIES

PASCUAL,

SAAD MALIM,
Jonathan Pascual
1/9/2025 1/9/2025

Page 881 of 1304 ends

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
C
B
A
A.1
2'-6" 28'-4" 21'-8" 20'-0" 20'-0" 20'-0" 20'-0" 19'-5" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 30'-0" 20'-0" 2'-6" 2'-6" 60'-0" 60'-0" 18'-10" 2'-6" 125'-0" 345'-0"

SECOND FLOOR PLAN
1 NORTH
8" THICK CONC. SLAB (WEST OF GRID LINE 3) 5" THICK CONCRETE SLAB (BETWEEN GRID LINES 3 & 14) 8" THICK CONCRETE SLAB (EAST OF GRID LINE 3)

2.4 40.7 A
R-503

40.7 A
R-502

40.7 B
R-503

40.7 B
R-502

40.7 B
R-502

40.7 B
R-502

40.7 B
R-502

40.7 B
R-502

40.7 B
R-502
EXIST. LINE

OF WASH
EXIST. LINE

OF CURB
F.D.

F.D. F.D. F.D. F.D.

F.D.

RAMP DOWN RAMP
UP
F.D.

STAIR #1
STAIR #2

3.4 6.1

43.2 43.2

11.5 11.5

6.1 7.1

4.1 40.6

21.2 3.1
TYP.

7.1 6.1

6.1 43.4

43.2 3.1
TYP.

WARNING: THE FLOOR SLAB HAS POST-TENSIONING TENDONS NEAR BOTH SURFACES OF THE SLAB. THE CONTRACTOR SHALL EXERCISE

EXTREME CAUTION WHEN WORKING IN THE SLAB SO AS NOT TO
DAMAGE THE TENDONS OR TENDON SHEATHING. TENDONS MAY BREAK WITH EXPLOSIVE FORCE WHEN CUT. NO ANCHORS MAY BE DRILLED OR SHOT INTO THE SLAB WITHOUT FIRST LOCATING THE TENDONS.

11.3 11.3 11.7

3.10 T.A.R.

11.1 11.2

11.5 49.1

49.1 49.1

49.1 49.1

49.1 49.1

49.1 3.2

45.7 T.A.R.

3.3 REMOVE EXIST.

TRAFFIC TOPPING

BEFORE INSTALLING

NEW TRAFFIC COATING

2.6 REMOVE EXIST.

TRAFFIC TOPPING

BEFORE INSTALLING

NEW TRAFFIC COATING

2.6 REMOVE EXIST.

TRAFFIC TOPPING

BEFORE INSTALLING

NEW TRAFFIC COATING

2.6 TYP.

4.1 49.1

49.1 5.1

16.1 45.1
TYP. THROUGHOUT

ENTIRE LEVEL

2.1 21.1
T.A.R.

21.1 T.A.R.

16.1 16.1
LEGEND
REFER TO WORK ITEM 3.1
REFER TO WORK ITEMS 3.1 AND 21.2
REFER TO WORK ITEM 4.1
REFER TO WORK ITEM 16.1
REFER TO WORK ITEMS 2.6 AND 16.1
Know what'sbelow.

Call before you dig.

R www.walkerconsultants.com
707 Wilshire Blvd
Suite 3650
Los Angeles, CA 90017
213.488.4911 Ph
WALKER

C O N S U L T A N T S
Date Signed: 12/20/2024
SHEET NOTES:

REFERENCES:

1. GENERAL NOTES AND WORK ITEM SCHEDULE R-001

2. FLOOR PLANS R-100 SERIES

3. REPAIR DETAILS R-500 SERIES

PASCUAL,

SAAD MALIM,
Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

Page 882 of 1304 ends

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
C
B
A
A.1
2'-6" 20'-0" 20'-0" 20'-0" 20'-0" 19'-5" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0" 30'-0" 20'-0" 2'-6" 2'-6" 60'-0" 60'-0" 18'-10" 2'-6" 125'-0" 345'-0"

ROOF PLAN
1 NORTH

TRAFFIC MEMBRANE
6" OVER CURB (TYP.)
28'-4" 21'-8"

2.4 EXIST. LINE

OF WASH
EXIST. LINE

OF CURB
F.D.

F.D. F.D.

F.D.

F.D.

F.D.

RAMP DOWN
REMOVE EXIST.

TRAFFIC TOPPING

BEFORE INSTALLING

NEW TRAFFIC COATING
STAIR #1
STAIR #2
WARNING: THE FLOOR SLAB HAS POST-TENSIONING TENDONS NEAR BOTH SURFACES OF THE SLAB. THE CONTRACTOR SHALL EXERCISE

EXTREME CAUTION WHEN WORKING IN THE SLAB SO AS NOT TO
DAMAGE THE TENDONS OR TENDON SHEATHING. TENDONS MAY BREAK WITH EXPLOSIVE FORCE WHEN CUT. NO ANCHORS MAY BE DRILLED OR SHOT INTO THE SLAB WITHOUT FIRST LOCATING THE TENDONS.

43.2 43.2

3.4 3.4

4.1 TYP.

21.2 3.1
TYP.

5.1 6.1

7.1 11.2 11.3 11.7 16.1 45.1
TYP. THROUGHOUT ENTIRE

ROOF LEVEL

6.1 5.1

3.1 TYP.

43.2 43.6

11.3 43.5

49.1 49.1

49.1 49.1

49.1 49.1

49.1 49.1

11.1 3.2

45.7 T.A.R.

2.6 2.1

3.4 21.1
T.A.R.

21.1 T.A.R.

16.1 LEGEND
REFER TO WORK ITEM 3.1
REFER TO WORK ITEMS 3.1 AND 21.2
REFER TO WORK ITEM 4.1
REFER TO WORK ITEM 16.1
REFER TO WORK ITEMS 2.6 AND 16.1
Know what'sbelow.

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R www.walkerconsultants.com
707 Wilshire Blvd
Suite 3650
Los Angeles, CA 90017
213.488.4911 Ph
WALKER

C O N S U L T A N T S
Date Signed: 12/20/2024
SHEET NOTES:

REFERENCES:

1. GENERAL NOTES AND WORK ITEM SCHEDULE R-001

2. FLOOR PLANS R-100 SERIES

3. REPAIR DETAILS R-500 SERIES

PASCUAL,

SAAD MALIM,

ACCEPTED
Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

Page 883 of 1304 ends

5" ±
VARIES

REINFORCEMENT (TYP), LOCATIONS
APPROXIMATE. CLEAN AND EPOXY COAT ALL
EXPOSED STEEL. PROVIDE 3/4" CLEARANCE

AROUND ALL EXPOSED REINFORCEMENT WHERE
REQUIRED AS SPECIFIED IN SECTION "SURFACE
PREPARATION FOR PATCHING".

REMOVE CONCRETE WITHIN SECTION
SHOWN SHADED. IF REMOVALS

ENCOMPASS TWO OR MORE
ADJACENT BARS LESS THAN 6" APART,
REMOVAL SHALL BE HORIZONTAL.

P/T CONCRETE SLAB

ORIGINAL SURFACE

SAWCUT PATCH
PERIMETER 3/4" (TYP)
NOTE:

1. CAUTION IS REQUIRED WHEN PERFORMING THIS WORK OVER BEAMS. ELEVATION OF POST-TENSIONING AT BEAMS VARY.

SPALL OR DELAMINATION

REMOVAL LIMITS

FLOOR REPAIR - PARTIAL DEPTH

3.1 DO NOT REMOVE CONCRETE
UNDER P/T TENDON 2"-4" 2"-3"
VARIES

EXIST P/T SLAB

REMOVAL LIMITS

WITHIN SECTION

SHOW SHADED

GRIND OR SAWCUT

PATCH PERIMETER
1/2" (TYP)

REINFORCEMENT (TYP),
LOCATIONS APPROXIMATE.

CLEAN AND APPLY

CORROSION INHIBITOR TO
ALL EXPOSED REINF.

PROVIDE 3/4" CLEARANCE

AROUND ALL EXPOSED
REINF.

SPALL OR

DELAMINATION

CEILING REPAIR-PARTIAL DEPTH

4.1 1" C.G.S. AT

LOW POINT

PER ORIGINAL
DESIGN

DRAWINGS, VIF

EXISTING P/T TENDON

DEPTH VARIES
NEW 3/16" X 2 3/4"
TAPCONS @ 6" O.C. 6"±
VARIES

SAWCUT PATCH
PERIMETER 3/4"
(TYP.)

REMOVE CONCRETE WITHIN
SECTION SHOWN. PROVIDE

RADIUS AND SLOPE TO
MATCH EXISTING.

EXIST FLOOR SLAB

REINFORCEMENT (TYP), LOCATIONS
APPROXIMATE. CLEAN AND APPLY

CORROSION INHIBITOR TO ALL EXPOSED
REINF. PROVIDE 3/4" CLEARANCE AROUND
ALL EXPOSED REINF. WHERE REQ'D AS
SPECIFIED IN SECTION "SURFACE
PREPARATION FOR PATCHING".

FLOOR REPAIR-CURBS/WALKS

3.4 REPAIR CONCRETE
SEE W.I. 3.0
PROVIDE #3 @24"
DOWELS W/- 4 1/2"

EPOXY EMBED
2"-4" VARIES 2"-4" VARIES
2"-4"
VARIES
VARIES

REMOVE CONCRETE

WITHIN SECTIONS

SHOWN SHADED (TYP)

REINFORCEMENT (TYP),
LOCATIONS APPROXIMATE.

CLEAN AND APPLY CORROSION

INHIBITOR TO ALL EXPOSED
REINF. PROVIDE 3/4" CLEARANCE
AROUND ALL EXPOSED REINF.

WHERE REQ'D AS SPECIFIED IN
SECTION "SURFACE
PREPARATION FOR PATCHING".

GRIND OR SAWCUT
PATCH PERIMETER 1/2"
(TYP)

REMOVAL LIMITS
(TYP)

SPALL OR

DELAMINATION (TYP)

BEAM REPAIR-PARTIAL DEPTH

5.1 STAIR NOSING REPAIR

3.10 4"
4"
3" MIN 3/4" 1/2"
1/2" 5"
3'-0"
1 1/2" CLR
R 1/2"

EXISTING CAVITY

SURFACE

SAW CUT STAIR

ENTIRE WIDTH

SAW CUT STAIR

ENTIRE WIDTH
#3 EPOXY COATED

EPOXY GROUT INTO CONCRETE

POLYMER MODIFIED

CONCRETE FILL (SEE

SPECIFICATIONS)
NOTES:

1. REMOVE AND REPLACE ALL SOUND AND UNSOUND
CONCRETE WITHIN SECTION SHOWN CROSS-HATCHED.

PT STRAND PROFILE - TYPICAL SLAB SECTION

3.1.1 1/2" STRAND
. 1 1/4" C.G.S.,
TYP. U.N.O.

SUPPORT, TYP. MIDSPAN
16"
. 1" C.G.S.,
TYP. U.N.O.
.
1 1/4" C.G.S.,
TYP. U.N.O.
14"
NOTES:

1. MILD REINFORCEMENT NOT SHOWN FOR CLARITY.

2. THIS DETAIL IS ONLY FOR REFERENCE.

CONCRETE STAIR - EDGE REPAIR

5.2 SAWCUT AND REMOVE LOOSE PORTION OF
CONCRETE. GRIND EDGE SMOOTH AND CLEAN

AND COAT ALL EXPOSED REINFORCEMENT
REPAIR PER W.I. 5.1
2"-4" VARIES
2"-4" VARIES

GRIND OR SAWCUT

PATCH PERIMETER
3/4" (TYP)

REMOVE CONCRETE

WITHIN SECTION

SHOWN SHADED
(TYP)

SPALL OR

DELAMINATION
(TYP)
REINFORCEMENT (TYP), LOCATIONS APPROXIMATE.

CLEAN AND APPLY CORROSION INHIBITOR TO ALL
EXPOSED REINF. PROVIDE 3/4" CLEARANCE AROUND
ALL EXPOSED REINF. WHERE REQ'D AS SPECIFIED IN
SECTION "SURFACE PREPARATION FOR PATCHING".

REMOVAL LIMITS
NOTES:

1. COLUMN TIES WHICH HAVE LOST MORE THAN 15% OF ORIGINAL CROSS ECTIONAL AREA SHALL BE SUPPLEMENTED AS ENGINEER DIRECTS.

2. NUMBER AND LOCATION OF REINFORCEMENT SHOWN MAY DIFFER FROM ACTUAL FIELD CONDITIONS.

COLUMN REPAIR-PARTIAL DEPTH

6.1 REPAIR

CONCRETE
3" MIN
(TYP)

SAWCUT VARIES
PATCH

PERIMETER
3/4" (TYP)

EXIST CONCRETE
SLAB

GRIND OR SAWCUT

PATCH PERIMETER
1/2" (TYP)
REINFORCEMENT (TYP), LOCATIONS APPROXIMATE.

CLEAN AND APPLY CORROSION INHIBITOR TO ALL
EXPOSED REINF. PROVIDE 3/4" CLEARANCE AROUND
ALL EXPOSED REINF. WHERE REQ'D AS SPECIFIED IN
SECTION "SURFACE PREPARATION FOR PATCHING".

REMOVE CONCRETE

WITHIN SECTION
SHOWN

FORMING BY

CONTRACTOR

ORIGINAL

SURFACE

FLOOR REPAIR-FULL DEPTH

3.3 SHORE SLAB
PER W.I. 1.3 VARIES (SEE PLAN)
6" 1/2" 1/2"

SAWCUT PATCH
PERIMETER 1/2", TYP
1/4" PER 1" MAX

SLOPE ON ALL SIDES

CONCRETE REMOVAL LIMITS

EXISTING CIP PT

CONCRETE SLAB

LOW-MOD EPOXY GEL PASTE,
35% EPOXY; 65% SAND

EXISTING EMBEDDED

POST-TENSIONING

TENDON EXPOSED AT THE

FLOOR SLAB TOP SURFACE

FLOOR REPAIR -

PROTECT EXPOSED TENDON

3.2 NOTES:

1. LENGTH OF REPAIR SHALL EXTEND 6" BEYOND END OF EXPOSED LENGTH OF POST TENSIONING TENDON AT EACH END.

2. DO NOT DAMAGE ANY EMBEDDED POST TENSIONING TENDONS.

3. CONTRACTOR SHALL REPAIR ANY DAMAGED AREAS OF POST TENSIONING TENDON SHEATHING PER W.I. 21.2

REMOVE EXISTING

TRAFFIC COATING
EXIST. P/T SLAB

FLOOR PREPARATION - TRAFFIC

TOPPING/ MEMBRANE REMOVAL

2.6 VARIES (SEE PLAN)

DO NOT DAMAGE EXISTING

JOINT BLOCKOUT DURING

REMOVAL

ORIGINAL SURFACE

FLOOR PREPARATION -

SCARIFICATION

2.1 REMOVE CONCRETE

WITHIN SECTION SHOWN
EXIST. P/T SLAB VARIES (SEE PLAN)

ORIGINAL SURFACE
NOTE:

1. PROVIDE ICRI/CIP SLAB - CSP 3 FOR SURFACE PREPARATION FOR URETHANE COATING. 2"-4"

EXTENT OF REPAIR VARIES

SAWCUT PATCH
PERIMETER 3/4" (TYP)

EXIST SURFACE

SPALL OR

DELAMINATION

REMOVE CONCRETE

WITHIN SECTION
SHOWN

REINFORCEMENT (TYP), LOCATIONS
APPROXIMATE. CLEAN AND APPLY CORROSION
INHIBITOR TO ALL EXPOSED REINF. PROVIDE
3/4" CLEARANCE AROUND ALL EXPOSED REINF.

WHERE REQ'D AS SPECIFIED IN SECTION
"SURFACE PREPARATION FOR PATCHING".

EXIST CONCRETE

SLAB-ON-GRADE

FLOOR REPAIR - SLAB-ON-GRADE

3.11 NOTES:

1. CAUTION EMBEDDED CONDUIT, PIPING CONTAIN DANGEROUS STORED ENERGY. CONFIRM LOCATIONS AND CONDITION PRIOR TO DEMOLITION.

Know what'sbelow.

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R www.walkerconsultants.com
707 Wilshire Blvd
Suite 3650
Los Angeles, CA 90017
213.488.4911 Ph
WALKER

C O N S U L T A N T S
Date Signed: 12/20/2024
WARNING: THE FLOOR SLAB HAS POST-TENSIONING TENDONS NEAR BOTH SURFACES OF THE SLAB. THE CONTRACTOR SHALL EXERCISE EXTREME CAUTION WHEN WORKING IN THE SLAB SO AS NOT TO DAMAGE THE TENDONS OR TENDON SHEATHING. TENDONS MAY BREAK WITH EXPLOSIVE FORCE WHEN CUT. NO ANCHORS MAY BE DRILLED OR SHOT INTO THE SLAB WITHOUT FIRST LOCATING THE TENDONS AND THEN THE ANCHORS CAN NOT BE MORE THAN 1" LONG.

PASCUAL,

SAAD MALIM,

ACCEPTED
1/9/2025
Jonathan Pascual
1/9/2025 1/9/2025

Page 884 of 1304 ends

3/4"
3/4"

EXIST WALL, COLUMN,

OR CURB FACE

EXIST FINISHED

FLOOR SURFACE

SEALANT MATERIAL
1/2" MIN THROAT
SEE NOTE 1.

COVE SEALANT

11.7 NOTE:

1. REMOVE EXISTING COVE SEALANT MATERIAL IF PRESENT. PREPARE SURFACE PER SPECIFICATIONS. 3/4"MIN. 3/4"MIN.

EXIST WALL, COLUMN,

OR CURB FACE

EXIST FINISHED

FLOOR SURFACE

SEALANT MATERIAL
1/2" MIN THROAT
SEE NOTE 1.

COMPRESSIBLE
FILLER

PROVIDE BOND

BREAKER

EXISTING CRACK
GREATER THAN 1/32''

SET INJECTION PORT PER ACI

GUIDELINES (SEE NOTE BELOW)

APPLY EPOXY SURFACE SEAL

ON STRIPSEAL, REMOVE

AFTER INJECTION
NOTES:

1. CONTRACTOR TO FOLLOW ACI GUIDELINES 503R FOR EPOXY INJECTION.

2. CONTRACTOR SHALL REMOVE ALL PORTS AND SURFACE SEAL MATERIALS AFTER INJECTION IS COMPLETE.

3. SPACE PORTS NO MORE THAN 4 INCHES APART, OR TO MATCH EXPECTED DEPTH OF CRACK

CRACK REPAIR - EPOXY INJECTION

11.5 VERTICAL SURFACE
(WALL OR COLUMNS)

LIMITS OF SURFACE

PREPARATION

CONTRACTOR TO PROVIDE

STRAIGHT FINISHED LINE
PROVIDE 4" WIDE DETAIL

COAT CENTERED OVER

ALL CRACKS LESS THAN
1/32" WIDE

TRAFFIC TOPPING
(FLOOR SURFACE

OR CURB)

ROUT AND SEAL CRACKS GREATER THAN
1/32" WIDTH. REMOVE AND REPLACE ALL
EXIST CRACK/JOINT SEALANT.
3/4" x 3/4" COVE
SEALANT.

16.1 TRAFFIC TOPPING - COMPLETE SYSTEM
ISOMETRIC 4" 2"
CRACKS < 1/32" CRACKS > 1/32"
(OR MOVING CRACKS)

HORIZ / VERT

TRANSITION
PROVIDE 4" WIDE DETAIL

COAT CENTERED OVER
CRACK

GRID OR SAW CUT
1/4"x1/4" AT

PERIMETER
3" 3" DAMAGED SHEATHING
(VARIES)
EXISTING 3" 3"

TENDON &

SHEATHING

EXISTING

PT SLAB
INSTALL 2 LAYERS OF HIGH DENSITY
POLYPROPYLENE SPLIT SHEATHING.

EXTEND 3" BEYOND DAMAGED AREA

APPLY TWO LAYERS OF TAPE
(SPIRAL WRAP) OVER ENTIRE
LENGTH OF NEW SHEATHING.

EXTEND TAPE 3" ONTO EXIST.

SHEATHING - SEE NOTE 1

SHEATHING DAMAGE

REMOVE DAMAGED SHEATHING, AND
GREASE & WRAP EXPOSED TENDON.

APPLY EPOXY PAINT IN LIEU OF GREASE,
ONLY AS DIRECTED BY ENGINEER.

TENDON SHEATHING REPAIR

21.2 NOTES:

1. APPROVED SHEATHING REPAIR TAPE MATERIAL INCLUDE:
a. "3M TAPE No. 226"; 3M, ST. PAUL, MN
b. " POLYKEN 826"; BERRY PLASTICS CORP, EVANSVILLE, IN
c. "TYCO ADHESIVES No. 398"; TYCO ADHESIVES, FRANKLIN, MA

REMOVE EXISTING GUARD RAIL
(SECOND FLOOR - SOUTH ELEVATION)

40.6 REMOVE EXISTING

GUARDRAIL WITH STEEL
SLEEVE ASSEMBLY (TYP.)

REMOVE THE CONCRETE

WITHIN SECTION SHOWN

SHADED FOR FULL DEPTH
REPAIR. TO EXPOSE

EMBEDDED NELSON STUDS

WELDED TO SLEEVE (TYP)

PROVIDE ALL

FORMWORK FOR

REPAIRS
(E) CONCRETE STAIR OR
SLAB
(E) 2 - 3/8" DIA. X 3" NELSON

STUDS WELDED TO SLEEVE
1 1/2" O.D. GALV. TUBE STEEL

SECTION A-A
DEMO

EXISTING GUARDRAIL ON THE

SECOND FLOOR OF THE

SOUTH ELEVATION TO BE
REMOVED. REPLACE EXISTING

GUARDRAIL WITH NEW
BARRIER CABLE SYSTEM.

REFER TO W.I. 40.7A AND 40.7B
A-A
1/2" DIA. @ 12" O.C.

EPOXY EMBED 4" INTO

EXISTING SLAB

REPAIR PER
W.I. 3.3

REBUILD

SAWCUT AND

ROUGHEN SURFACE
TO 1/4" AMPLITUDE
1/2" DIA. @ 12" O.C. EPOXY
EMBED 4" INTO EXISTING

SLAB, BOTH SIDES

DO NOT DAMAGE

OR CUT THE

EXISTING P/T

TENDONS AT

ANCHORAGE
VARIES
(6" MIN) 2" ANCHORS @ 4" O.C. 2"
1'-6" 3'-6"
(E) CONCRETE SHEAR WALL
(11) 3/4" HIT -Z WITH HIT-HY 200.

EMBED 6 1/2" INTO THE SUBSTRATE
(11) BARRIER CABLES 1/2" DIA
GALV. PT STRANDS TYP.

L 3 1/2 X 3 1/2 X 7/16 BARRIER
CABLE SUPPORT 2" ANCHORS @ 13" O.C. 2"
1'-6" 3'-6"
(E) CONCRETE COLUMN BEYOND
(4) 3/4" HIT -Z WITH HIT-HY 200.

EMBED 5" INTO THE SUBSTRATE
BARRIER CABLES 1/2" DIA GALV.

PT STRANDS TYP.

L 3 1/2 X 3 1/2 X 7/16 BARRIER

CABLE SUPPORT
(E)CONCRETE CURB
(E) P/T CONCRETE
SLAB
(E)CONCRETE CURB
(E) P/T CONCRETE
SLAB

INSTALL NEW BARRIER CABLE

40.7 40.7 A - END CONNECTION DETAIL 40.7 B - INTERMEDIATE CONNECTION DETAIL REMOVE AND REPLACE

FIRE EXTINGUISHERS

30.2 CONTRACTOR TO NOTE INSTALLATION HEIGHT AND REINSTALL AT SAMEREMOVE AND REPLACE

EXISTING FIRE

EXTINGUISHER CABINET
1/2" 1/2" 1/16"

REMOVE EXISTING SEALANT, PREPARE

SUBSTRATE, AND FILL WITH FLEXIBLE
SEALANT. INSTALL SEALANT 1/16"

BELOW ADJACENT SURFACES, OR

FLUSH WITH ADJACENT SURFACES TO
RECEIVE TRAFFIC COATING. DO NOT
OVERFILL JOINT.

BOND BREAKER TO

SEPARATE SEALANT

FROM CONCRETE AT

BOTTOM OF JOINT EXISTING CRACK

JOINT SEALANT REPAIR

11.2 EXISTING CONCRETE
3/8"

BACKER ROD

SEALANT

EXIST SUBSTRATE
THROAT DEPTH 1/2

JOINT WIDTH
NOTES:

1. CLEAN JOINT SUBSTRATE BY SAND & AIR BLASTING.

2. PREPARE AND PRIME SEALANT CAVITY & INSTALL SEALANT ACCORDING TO SEALANT MANUFACTURER'S RECOMMENDATIONS.

VERTICAL JOINT SEALANT

11.3 3/4"±

SEAL CRACKS AND JOINTS

11.1 3/4"
ROUT CRACK WITH "V" BLADE
AND FILL W/ FLEXIBLE SEALANT.

INSTALL SEALANT 1/16" BELOW

ADJACENT SURFACES, OR

FLUSH W/ ADJACENT SURFACES
TO RECEIVE TRAFFIC COATING.

DO NOT OVERFILL JOINT

CONCRETE SLAB
EXIST. CRACK/JOINT.

CENTER ROUTED GROOVE
ON CRACK/JOINT 1/16"
1/2"
NOTES:

1. ROUT CONTROL JOINTS WITH MECHANIZED DEVICE THAT HAS POSITIVE MECHANICAL CONTROL OVER DEPTH, WIDTH AND ALIGNMENT OF CUT IN CURED CONCRETE TO SEALANT JOINT PROFILE AS SHOWN.

2. PREPARE SURFACE BY ABRASIVE BLASTING ALL JOINTS AFTER REMOVAL AND ROUTING.

3. INSTALL BACKER ROD AS REQUIRED.

4. PRIME ALL JOINTS WITH MANUFACTURER APPROVED PRIMER PRIOR TO INSTALLING SEALANT. 2"-4" VARIES

EXIST FACE OF WALL

INSTALL PATCH

FLUSH WITH WALL

SPALL OR DELAMINATION

REINFORCEMENT (TYP),
LOCATIONS APPROXIMATE.

CLEAN AND APPLY

CORROSION INHIBITOR TO
ALL EXPOSED REINF.

PROVIDE 3/4" CLEARANCE

AROUND ALL EXPOSED
REINF. WHERE REQ'D AS

SPECIFIED IN SECTION
"SURFACE PREPARATION
FOR PATCHING".

GRIND OR SAWCUT PATCH
PERIMETER 1/2" (TYP)

WALL REPAIR-PARTIAL DEPTH

7.1 TROWEL APPLIED
MORTAR

INSPECT P/T TENDON ANCHORAGE

AND REPAIR AT SLAB EDGE

21.1 EXISTING SLAB EDGE

REMOVE EXISTING GROUT FROM STRESSING
END GROUT POCKETS. FILL CAVITY WITH
APPROVED NON-SHRINK GROUT. GROUT

SHOULD BE APPLIED AS A DRY PACK IN A
MINIMUM OF 2 LIFTS. USING A

FLAT-SURFACED TAMPING ROD TO ENSURE
COMPACTION IN EACH LIFT. FRONT

SURFACE OF ANCHOR POCKET SHALL BE

FLUSH WITH EXISTING PROFILE OF
SURROUNDING CONCRETE.

SANDBLAST TO REMOVE CORROSION

PRODUCTS AND EXISTING COATING ON
ANCHORAGE SURFACE. NOTIFY
ENGINEER FOR INSPECTION.

COAT VISIBLE ANCHORAGE ASSEMBLY,

INCLUDING UNCOATED ANCHORAGE AND

STRAND TAIL, AND INTERIOR CONCRETE

SURFACE OF ANCHORAGE POCKET WITH
APPROVED CORROSION INHIBITOR.

EXISTING P/T ANCHOR

EXISTING BACKUP BARS

INSTALL PT ENCAPSULATED SYSTEM
GREASE CAPS TO MATCH EXISTING. CAP

SHALL BE GRATED PROPERLY PER THE
MANUFACTURER'S RECOMMENDATIONS.

CUT STRAND TAIL TO ENSURE COVER OF 1-1/4" MIN.

FROM FACE OF CONCRETE, BUT TAIL SHALL BE CUT NO
SHORTER THAN 1/2" FROM FACE OF ANCHORAGE
ASSEMBLY. DO NOT USE FLAME CUTTING TECHNIQUES.

Know what'sbelow.

Call before you dig.

R www.walkerconsultants.com
707 Wilshire Blvd
Suite 3650
Los Angeles, CA 90017
213.488.4911 Ph
WALKER

C O N S U L T A N T S
Date Signed: 12/20/2024
WARNING: THE FLOOR SLAB HAS POST-TENSIONING TENDONS NEAR BOTH SURFACES OF THE SLAB. THE CONTRACTOR SHALL EXERCISE EXTREME CAUTION WHEN WORKING IN THE SLAB SO AS NOT TO DAMAGE THE TENDONS OR TENDON SHEATHING. TENDONS MAY BREAK WITH EXPLOSIVE FORCE WHEN CUT. NO ANCHORS MAY BE DRILLED OR SHOT INTO THE SLAB WITHOUT FIRST LOCATING THE TENDONS AND THEN THE ANCHORS CAN NOT BE MORE THAN 1" LONG.

PASCUAL,

SAAD MALIM,
Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

Page 885 of 1304 ends

INSTALL STAIR #1 CANOPY

CORRUGATED METAL COVER

43.6 16

43.6.1 R-503

INSTALL NEW CORRUGATED

METAL COVER (TO BE SPECIFIED)

AS PER MANUFACTURER'S
RECOMMENDATION.

PAINT BOTH THE SUPPORT

STRUCTURE AND THE NEW

CORRUGATED METAL COVER
18'-9" +/- 11'-0" +/-

CANOPY DETAIL

43.6.1 (E) METAL TS 6X2
(E) METAL PURLIN
20 GA. PAINTED GALV.

SHT. METAL FLASHING
7/8" CORR. METAL

ROOFING

PAINT STRUCTURAL STEEL

45.6 SANDBLAST TO SSPC-SP5

AND PAINT STEEL ANGLE

PAINT TRAFFIC MARKINGS

45.1 PARKING STALL NUMBER,

MATCH EXISTING NUMBERS,
TYP.
4" WIDE WHITE

PAINT STRIPE,
TYP. 18'-0" 18'-0" 1'-0" 1'-0"
9'-6" MIN. 8'-6" MIN.
### ### ### ###
###

FACE OF WALL,

WHERE APPLICABLE

CURB, WHERE APPLICABLE

CONTINUE STRIPING WHERE
APPLICABLE WITH 4" WIDE

CENTER STRIPE BETWEEN BAYS
NOTES:

1. CONTRACTOR SHALL DOCUMENT STRIPPING LAYOUT, HATCHING , ANGLE STRIPPING

AND PARKING STALL NUMBERS PRIOR TO SURFACE PREPARATION OF CONCRETE

2. MATCH EXISTING STRIPING LAYOUT, INCLUDING ANGLED PARKING AS NECESSARY

REINFORCING
STEEL

GALVANIC ANODE

EDGE OF

REPAIR AREA

ANODES-CATHODIC PROTECTION -

TYPICAL LAYOUT FOR SLAB REPAIR

49.1 REPAIR NOTES:

1. REMOVE DAMAGED CONCRETE AS WITH STANDARD REPAIR METHODS.

2. REPLACE / CLEAN CORRODED REINFORCING STEEL.

3. ENSURE ALL EXPOSED REINFORCING STEEL IS SECURELY FASTENED TOGETHER WITH TIE WIRE TO PROVIDE GOOD CONTINUITY.

4. ATTACH ANODES TO CLEAN REINFORCING STEEL AT AN EVEN SPACING WITHIN THE PATCH AREA OR AS OUTLINED IN THE CONTRACT SPECIFICATION (24" MAX.).

5. PACK AREA SURROUNDING ANODE WITH ANODE EMBEDDING MORTAR.

6. INSTALL REPAIR MATERIAL AS PER CONTRACT SPECIFICATION

SOUTH ENTRANCE

IMPACT DAMAGE

43.7 REMOVE DAMAGED STEEL

AND REPLACE IN KIND

TYPICAL BOLLARD DETAIL

43.5 HILTI KWIK BOLT TZ2-SS 304
3/4" DIA. GALV. EXPANSION
ANCHOR W/ 3 1/4" EMBEDMENT

INTO EXISTING SLAB
3/8"x12"x1'-0" GALV. BASE
PLATE W/ 3/4" GROUT PAD,
SHIM AS REQUIRED (TYP.)
6" DIA. SCHED. 40

CONCRETE FILLED

BOLLARD
1 1/2"
EXIST. P/T TYP.

SLAB 3'-6" MIN.
3/16
A-A

1.500

9.000

1.500

6.000 6.000
3 4
1 2 1.500 1.500 9.000 6.000 6.000
y
x

SECTION A-A
2" CLR. 3 1/8" TYP.

REMOVE CONCRETE TO EXPOSE

GUARDRAIL ANCHOR
- REPAIR OPENING PER W.I. 6.1
NEW CABLE GUARDRAIL STRAND.

MATCH NEW GUARDRAIL STRAND

TO EXISTING
P.T. ANCHORS, TYP.

CORE CONCRETE TO REMOVE

EXISTING STRAND TERMINATION

HARDWARE AND REPLACE WITH NEW
INSTALL NEW 1/2" DIA.

GALVANIZED BARRIER
CABLE (TYP). STRESS
TO 1500 # PER STRAND

REMOVE EXPOSED

CORRODED STANDS

REPAIR EXISTING BARRIER CABLE

43.4 REMOVE, SALVAGE AND INSTALL EXISTING GUARD RAIL 43.2 A-A
1/2" THK. BASE PLATE
NEW 2 1/2" X 3/4" GALV.

STEEL F.B SUPPORT
EXISTING F.B. SUPPORT
(4) 1/2" HIT-HY 200 V3 +
HAS-R 304/316 BOLT WITH
W/- 3 1/2" EMBEDMENT
(E) SLAB 1/4
x
y

0.750

3.500 3.500 1.000 1.000 3.000 3.000

2.475 3.200 1.325 4.000 0.000
3 4
1 2

SECTION A-A
REMOVE BOTTOM 3" OF
EXISTING POST (MIN.) AND

WELD POST TO NEW STEEL

SUPPORT AND NEW BASE
PLATE

REMOVE, SALVAGE,

AND RE-INSTALL

EXISTING GUARDRAIL
1/2" DIA. @ 12" O.C.

EPOXY EMBED 4" INTO

EXISTING SLAB

SAWCUT AND

ROUGHEN SURFACE
TO 1/4" AMPLITUDE
1/2" DIA. @ 12" O.C. EPOXY
EMBED 4" INTO EXISTING

SLAB, BOTH SIDES (ONLY

ONE SIDE AT STAIRS)
REPAIR PER W.I. 3.3

PROVIDE ALL FORMWORK

FOR REPAIRS

EXISTING GUARDRAIL

TO BE REMOVED PER
DETAIL 40.6 (DEMO)
NOTE:

E.O.R TO REVIEW THE EXISTING
GUARDRAIL BEFORE SALVAGING.

E.O.R TO DECIDE IF EXISTING
GUARDRAIL CAN BE REUSED.

REINFORCING
STEEL

GALVANIC
ANODE

ANODES-CATHODIC PROTECTION -

TYPICAL INSTALL AT INTERSECTION

49.1.1 ANODES-CATHODIC PROTECTION -

TYPICAL INSTALL BELOW BAR

49.1.2 ANODES-CATHODIC PROTECTION -

TYPICAL INSTALL SIDE BAR

49.1.3 REINFORCING
STEEL

GALVANIC
ANODE

REINFORCING
STEEL

GALVANIC
ANODE
Know what'sbelow.

Call before you dig.

R www.walkerconsultants.com
707 Wilshire Blvd
Suite 3650
Los Angeles, CA 90017
213.488.4911 Ph
WALKER

C O N S U L T A N T S
Date Signed: 12/20/2024
WARNING: THE FLOOR SLAB HAS POST-TENSIONING TENDONS NEAR BOTH SURFACES OF THE SLAB. THE CONTRACTOR SHALL EXERCISE EXTREME CAUTION WHEN WORKING IN THE SLAB SO AS NOT TO DAMAGE THE TENDONS OR TENDON SHEATHING. TENDONS MAY BREAK WITH EXPLOSIVE FORCE WHEN CUT. NO ANCHORS MAY BE DRILLED OR SHOT INTO THE SLAB WITHOUT FIRST LOCATING THE TENDONS AND THEN THE ANCHORS CAN NOT BE MORE THAN 1" LONG.

PASCUAL, Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

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SUMP PUMP MATERIALS SCHEDULE

ITEM DESCRIPTION QUANTY
1 2" SUBMERSIBLE PUMP - ZOELLER MODEL 292
OR ENGINEER APPROVED EQUAL (50GPM @
25FT TDH)
2 2
2" DIA. - 304 SS SLIDE RAIL ASSEMBLY W/
SUPPORT BRACKETS 2
3 1/4" SS LIFTING CABLE, NYLON COVERED 2
4 POWER CABLE, SHALL BE U.L. LISTED OF

SUFFICIENT LENGTH TO REACH FIRST PULL
BOX
2 5 CONTROL CABLE, SHALL BE U.L. LISTED 2
6 AMETEK MODEL 575 PRESSURE TRANSDUCER
OR ENGINEER APPROVED EQUAL. INSTALL
TRANSDUCER WITHIN A 2" PVC PIPE SECURED
TO WALL AT 2' INTERVAL
1 7 2" CHECK VALVE 2
8 2" BALL VALVE 2
9 2" SCH 40 GALVANIZED STEEL PIPE &
FITTINGS* LS
10 AUTOCOUPLING ASSY 2" STD 2
11 2" ADAPTER 2
*NOTE: REPLACE ALL PIPE, VALVES, &
FITTINGS FROM EXISTING WYE TO PUMPS.

PROJECT SPECIFIC INFORMATION
AVAILABLE POWER 208V - 1PH
DESIGN FLOW 50 GPM
TOTAL DYNAMIC HEAD 25 FT
Know what'sbelow. Callbefore you dig.

R

SUMP PUMP - PLAN SUMP PUMP - SECTION
PASCUAL, Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

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Know what'sbelow. Callbefore you dig. R

PASCUAL,
SAAD MALIM, 1/9/2025
Jonathan Pascual
1/9/2025 1/9/2025

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Know what'sbelow. Callbefore you dig. R
PASCUAL, Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

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Know what'sbelow. Callbefore you dig. R
PASCUAL, Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

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Know what'sbelow. Callbefore you dig. R

PASCUAL,
JOHN OSKOUI, P.E. INTERIM CITY ENGINEER DATE
Jonathan Pascual
1/9/2025 1/9/2025

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Know what'sbelow. Callbefore you dig. R
PASCUAL, Jonathan Pascual
1/9/2025 1/9/2025

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PASCUAL,

SAAD MALIM,
Jonathan Pascual
1/9/2025 1/9/2025

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Know what'sbelow. Callbefore you dig. R
PASCUAL, Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

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Know what'sbelow. Callbefore you dig. R

PASCUAL,

SAAD MALIM,
Jonathan Pascual
1/9/2025 1/9/2025 1/9/2025

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1 CITY OF HERMOSA BEACH CONTRACT

DOCUMENTS AND SPECIFICATIONS FOR
CIP NO. 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
January 2025
City of Hermosa Beach

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2 NOTICE INVITING BIDS
Notice is hereby given that the City of Hermosa Beach will receive electronic bids until 11:00 AM on February 12, 2025; at which time the electronic bids will be publicly opened at the City Council Chambers at 1315 Valley Drive, Hermosa Beach, CA 90254 and posted on Planet Bids for CIP No. 699 PARKING STRUCTURE LOT “C”

IMPROVEMENTS
There will be a pre-bid meeting at 11AM on January 30, 2025; at 1301 Hermosa Avenue, Hermosa Beach, CA 90254. The City will respond to questions from prospective Bidders at that time. Each Bidder is strongly encouraged to attend the meeting. Regardless of attendance, each prospective Bidder shall familiarize itself with the plans and work site(s) to satisfy itself that it has the abilities and resources to complete the work.

The project includes, but is not limited to, concrete repair/rehabilitation of the City of Hermosa Beach North Pier Parking Structure. The project includes repairs for concrete work, waterproofing enhancement, installing new guardrails, new barrier cables, conditioning of the air in the electrical room, maintenance/repairs, new sump pumps, new level transducer, power washing of the concrete surfaces, restriping, and aesthetic repairs of the parking structure and other related work to complete the work per project’s plans and specifications.

The engineer’s cost estimate for the project is $1,800,000 License requirement is a valid State of California Contractors License Class “A ” California Contractor’s License.

The overall duration of the project is thirty-five (35) working days. All bids must be submitted electronically on Planet Bids Portal, accessible through the City’s webpage at https://www.hermosabeach.gov/our-government/city-clerk/bids-and-proposals where you must first register as a vendor through our Planet Bids Portal. Contract Documents, plans, and specifications will be available for review on Planet Bids. All relevant materials shall be obtained from the link above.

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

The successful Bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the Contract price, a payment bond in the amount of 100 percent of the Contract price, and a warranty bond all in the attached form satisfactory to the City Attorney. The successful Bidder will also be required to pay the State of California prevailing wage scale as determined by the Department of Industrial Relations, available at https://www.dir.ca.gov/Public-Works/PublicWorks.html
The Contractor must be registered with the Department of Industrial Relations at the time of bid. Contractor’s registration information is available at:
https://www.dir.ca.gov/Public-Works/Contractor-Registration.html The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsive and responsible

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3 Bidder.

Please submit any questions related to this bid on Planet Bids portal no later than 12:00 P.M. on February 4, 2025.

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4 TABLE OF CONTENTS
CIP NO. 699

NORTH PIER PARKING STRUCTURE REPAIRS
I. PROJECT DESCRIPTION AND UNDERSTANDING .................................................................................. 5 II. NOTICE TO BIDDERS .................................................................................................................................. 6 III. INSTRUCTION TO BIDDERS ..................................................................................................................... 8 IV. BID DOCUMENTS...................................................................................................................................... 17 A. PROPOSAL....................................................................................................................................................17 C. BID BOND......................................................................................................................................................21 D. BIDDER'S ASSURANCE..............................................................................................................................24 E. BIDDER'S DECLARATION ........................................................................................................................25 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS....................................................27 G. CERTIFICATION OF PRINCIPAL............................................................................................................28 H. DECLARATION OF ELIGIBILITY TO CONTRACT.............................................................................29 I. NON-COLLUSION DECLARATION ..........................................................................................................31 J. REFERENCES OF WORK ...........................................................................................................................32 K. SUBCONTRACTORS LIST.........................................................................................................................34 L. IRAN CONTRACTING ACT CERTIFICATION......................................................................................37 M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ...........................................38 N. FLEET COMPLIANCE CERTIFICATION...............................................................................................39 INSTRUCTIONS TO BIDDERS.......................................................................................................................39 COMPLIANCE WITH CARB REGULATIONS ............................................................................................39 FLEET COMPLIANCE CERTIFICATION. ...............................................................................................................39 V. CONTRACT DOCUMENTS........................................................................................................................41 A. CONTRACT AGREEMENT........................................................................................................................42 B. AGREEMENT OF INDEMNIFICATION ..................................................................................................60 C. EQUALS.........................................................................................................................................................61 D. FAITHFUL PERFORMANCE BOND .................................................................................................62 E. PAYMENT BOND (LABOR AND MATERIALS) .....................................................................................67 F. GUARANTEE TO THE CITY OF HERMOSA BEACH ...........................................................................71 G. GENERAL COMPREHENSIVE LIABLITY ADDITONAL INSURED ENDORSMENT....................72 H. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT ..........................................74 I. INSTRUCTIONS FOR COMPLETING, EXECUTING, AND SUBMITTING EVIDENCE OF INSURANCE TO THE OWNER ......................................................................................................................76 J. WORKER'S COMPENSATION INSURANCE CERTIFICATE..............................................................78 K. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL......................................79 L. W9 FORM.......................................................................................................................................................80 VI. TECHNICAL PROVISIONS…………………………………………………………………………..TP-1 VII. SPECIAL PROVISIONS………………………………………………………………………………SP-1 EXHIBIT ‘A’ – SCHEDULE OF PERFORMANCE………………………………………………….. SP-21 EXHIBIT ‘B’ – SOLID WASTE REPORTING……………………...……………................................ SP-22 EXHIBIT ‘C’- CONSTRUCTION NOTICE TEMPLATE …………………………………………… SP-24 EXHIBIT ‘D’- HAUL ROUTES ………………………………...………………………………………. SP-25

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5 City of Hermosa Beach
CIP NO. 699

NORTH PIER PARKING STRUCTURE REPAIRS
I. PROJECT DESCRIPTION AND UNDERSTANDING
This project is scheduled to have a time frame of thirty-five (35) working days to be completed Monday through Friday from 8AM to 5PM. Work for this project will include but is not limited to concrete work, waterproofing enhancement, installing new guardrails, new barrier cables, conditioning of the air in the electrical room, maintenance/repairs, new sump pumps, new level transducer, aesthetic repairs, and other related work to complete the work per project’s plans and specifications. The Engineer’s Estimate is $1,800,000.

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

Pre-bid Meeting: There will be a pre-bid meeting at 11AM on January 30, 2025; at 1301 Hermosa Avenue, Hermosa Beach, CA 90254. The City will respond to questions from prospective Bidders at that time. Each Bidder is strongly encouraged to attend the meeting.

Regardless of attendance, each prospective Bidder shall familiarize itself with the plans and work site(s) to satisfy itself that it has the abilities and resources to complete the work.

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

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

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

Questions: All questions regarding this bid shall be submitted through Planet Bids no later than Tuesday, February 4, 2025; at 12PM. Proposers shall not contact City personnel or Elected Officials with any questions or clarifications concerning this Invitation for Bids other than through Planet Bids. Any City response for this Bid that is not posted through Planet Bids is unauthorized and will be considered invalid.

Submittal of Bids: Electronic bids shall be submitted through Planet Bids until Wednesday, February 12, 2025; at 11AM at which time they will be publicly opened and read in the City Council Chambers at 1315 Valley Drive, Hermosa Beach, CA. All bids shall be valid for a period of 90 calendar days after the bid opening date.

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

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

Page 901 of 1304 ends

7 requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

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

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

Prevailing Wages: Pursuant to Labor Code Section 1773, the Contractor shall pay the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Los Angeles County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this Contract. A copy of these prevailing wage rates may be obtained by visiting:
https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory for the Bidder to whom the Contract is awarded, and for any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor, and debarment of Contractors and subcontractors.

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

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

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

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

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

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

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

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

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9 Prevailing Wage: In accordance with the provisions of Section 1770 et seq., of the Labor Code, the Director of the Department of Industrial Relations of the State of California has ascertained the general prevailing rate of wages which is the minimum amount which shall be paid to all workers employed to perform the work. A copy of the determination is on file in the office of the City Clerk and is hereby incorporated herein and made a part hereof as though fully set forth herein.

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

Overtime: As per Labor Code Section 1810 et seq., eight (8) hours is the legal working day.

The Contractor shall pay overtime for each worker who works in excess of the legal working day.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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11 Bidders shall satisfy themselves by personal examination of the locations of the proposed work, and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Proposal forms. Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or his assistants (or the Architects or their assistants), shall not relieve the Bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the City.

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

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

Disqualification of Bidders: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered.

Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the Bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced due to mathematical errors may be rejected.

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

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

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

Failure to Execute Contract: Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds as provided herein within ten (10) business days after such Bidder has received notice that the Contract has been awarded to them shall be just cause for the

Page 906 of 1304 ends

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

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

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

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

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

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

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

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

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

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

Page 907 of 1304 ends

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

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

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

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

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

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

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

Contractor shall fully indemnify and hold harmless City, its attorneys, agents, officers, and employees for any claims in law or equity occasioned by the failure of Contractor to comply with the terms of this section. Every Workers’ Compensation Insurance policy required hereunder, shall bear an endorsement, or shall have attached a rider, providing that in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City’s Risk Manager shall be notified of such action by registered mail, postage prepaid, return receipt requested, at least 30 days before such expiration or cancellation becomes effective.

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

Page 908 of 1304 ends

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

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

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

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

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

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

A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;
D. Specify in detail the grounds for protest and the facts supporting the protest; E. Include all relevant supporting documentation with the protest at time of filing; and F. Be transmitted concurrently to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

If the protest does not comply with each of these requirements, the City may reject the protest

Page 909 of 1304 ends

15 with or without further review.

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

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

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

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

1. Definitions
a. “Bidder” means any person or firm providing a timely, written response to the City solicitation.
b. “Bid Protest” means any protest with regard to the response submitted by another Bidder.
c. “Response” means the written response to the City solicitation provided by a person or firm.
d. “Solicitation Protest” means a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents, determinations or actions taken or contemplated by the City with respect to a solicitation.
e. “Solicitation” means the document by which the City identifies goods, equipment, services, or public construction projects for which it seeks a response.

2. Format – The protest must be in writing and include the following information at a minimum:
a. The name, address, and phone number of the protester, or the authorized representative of the protester;

Page 910 of 1304 ends

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

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

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

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

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

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17 IV. BID DOCUMENTS
A. PROPOSAL
CIP NO. 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
CONTRACTOR: Date: ___________________
TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:

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

CIP NO. 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.

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

All work shall be completed within thirty-five (35) working days from the date the Notice to Proceed is issued by the Engineer.

Contractor Signature PWCR Registration Number

Page 912 of 1304 ends

18 B. BID SCHEDULE
CIP No. 699
PARKING STRUCTURE LOT “C”

IMPROVEMENTS
Item
No.

Estimated
Quantity
Description Unit
Price
Total
1 1 LS Mobilization and
Demobilization (5%
maximum)
$ $
2 1 LS Traffic Control – Vehicle &
Pedestrian
$ $
3 1 LS Concrete Shoring and Reshoring $ $
4 75,000 SF Floor Preparation - Scarification $ $
5 2,700 SF Traffic Topping Removal $ $
6 950 SF Floor Repair – Partial Depth $ $
7 10 EA Floor Repair – Protect Exposed
Tendon
$ $
8 160 SF Floor Repair – Full Depth (Edge
Repair)
$ $
9 25 LF Floor Repair – Concrete Curb $ $
10 15 LF Floor Repair – Stair Nosing Repair $ $
11 6 SF Floor Repair – Slab-on-Grade $
12 100 SF Ceiling Repair – Partial Depth $ $
13 60 SF Beam Repair – Partial Depth $ $
14 4 SF Beam Repair – Edge Spall $ $
15 30 SF Column Repair – Partial Depth $ $
16 30 SF Wall Repair – Partial Depth $ $
17 2,800 LF Seal Cracks and Joints $ $
18 800 LF Joint Sealant Repair $ $
19 160 LF Vertical Joint Sealant $ $
20 300 LF Epoxy Injection $ $
21 3,500 LF Cove Sealant $ $
22 75,000 SF Traffic Topping $ $
23 168 EA Inspect P/T Tendon Anchorage $ $
24 1 LS Remove & Replace Fire
Extinguisher Cabinet
$ $
25 160 LF Remove Existing Guardrail $ $
26 1,800 LF Install New Barrier Cable $ $
27 180 LF Remove, Salvage, and Install
Guardrail
$ $
28 360 LF Repair Existing Barrier Cable $ $

Page 913 of 1304 ends

19 29 100 LF Clean and Coat Existing Barrier
Cable
$ $
30 4 EA Install New Bollards $ $
31 1 LS Install Stair #1 Canopy Corrugated
Metal Cover (Assuming 250sf of
metal decking)
$ $
32 1 LS South Entrance Impact Damage $ $
33 1 LS Paint Traffic Markings and Stalls $ $
34 1 LS Paint Structural Steel $ $
35 1 LS Clean and Paint Stair Railings &
Light Poles
$ $
36 500 EA Cathodic Protection – Discrete
Anodes
$ $
37 1 EA Install Column Protection $ $
38 2 EA Replace Pump (Pump, Motors,
Slide Rails)
$ $
39 1 EA Level Transducer $ $
40 143 EA Replace Light Fixtures $ $
41 1 LS Electrical Allowance $ $
Total
(Base
Bid)
$
$ $
Total Bid in Numbers: ______________________________________________________ Total Bid in Figures:
(Total Bid in Words)
Contractor Name:

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the Bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a Bidder's bond in the amount of
__________________________________________________Dollars, said amount being not less than ten (10) percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City

Page 914 of 1304 ends

20 if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

Contractor Signature: __________________________________________ PW Registration #: __________________________________________ State License #: __________________________________________ Contractor Company Name: __________________________________________

Page 915 of 1304 ends

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

WHEREAS, ________________________________, (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach CIP NO. 699 PARKING STRUCTURE LOT “C” IMPROVEMENTS said work being: CIP NO. 699 PARKING STRUCTURE LOT “C” IMPROVEMENTS as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.

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

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

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

Principal
By
Title
Surety

Page 916 of 1304 ends

22 By

Title

Page 917 of 1304 ends

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

Page 918 of 1304 ends

24 D. BIDDER'S ASSURANCE
CIP 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
FROM:

Name of Bidder:

Business Address:

Telephone No:

TO:

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

Pursuant to your published Notice Inviting Bids for:

CIP 699 - PARKING STRUCTURE LOT “C” IMPROVEMENTS
The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule.

BY: TITLE:

Page 919 of 1304 ends

25 E. BIDDER'S DECLARATION
CIP 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
It is understood and agreed that:

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

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

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

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

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

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

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

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

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

Page 920 of 1304 ends

26 proper opening by the City.

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

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

Page 921 of 1304 ends

27 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

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

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

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

FIRM

TITLE OF PERSON SIGNING

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

Page 922 of 1304 ends

28 G. CERTIFICATION OF PRINCIPAL
CIP 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.)
Signature:

Name:

Title:

Name of Company:

Page 923 of 1304 ends

29 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
The undersigned, a duly authorized representative of the Contractor, certifies and declares that:

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

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

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

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

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

Signature:

Name:

Title:

Page 924 of 1304 ends

30 Name of Company:

Page 925 of 1304 ends

31 I. NON-COLLUSION DECLARATION
CIP 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
The undersigned declares:

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

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

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

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

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

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP

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32 J. REFERENCES OF WORK
CIP 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
Date: ________________
The following are the names, addresses and phone numbers/ email addresses for at least three public agencies for which Bidder has performed similar work within the past five years.

All contact information must be current.
________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
___________________________________ ___________________________________ Contract Amount Date Completed
_________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
________________________________ _____________________________________ Contract Amount Date Completed

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

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34 K. SUBCONTRACTORS LIST
CIP 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each Bidder shall set forth below: (a) the name and location of the place of business, (b) the California Contractor license number, (c) the DIR public works Contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.

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

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

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

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

Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work

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35 Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

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

Description of Work:

CSLB Contractor License No. DIR Registration No.

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

Description of Work:

CSLB Contractor License No. DIR Registration No.

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

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work

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

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

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

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

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

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

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

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

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

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

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

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

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39 N. FLEET COMPLIANCE CERTIFICATION
The California Air Resources Board (“CARB”) implemented amendments to the In-Use OffRoad Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

INSTRUCTIONS TO BIDDERS

COMPLIANCE WITH CARB REGULATIONS
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Reported Compliance (“CRC”) for the Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles) . Bidder must complete and submit the Fleet Compliance Certification, on the form included in the bid package. Failure to provide a valid CRC for the Bidder’s fleet, and for the fleets of all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

Fleet Compliance Certification.

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and

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40 proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________

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41 V. CONTRACT DOCUMENTS
CIP 699
PARKING STRUCTURE LOT “C” IMPROVEMENTS

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

R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for CIP No. 699 PARKING STRUCTURE LOT “C” IMPROVEMENTS, bids were received, publicly opened, and declared on the date specified in the notice; and
B. On …………….., City’s City Council declared CONTRACTOR to be the lowest responsible Bidder and accepted the bid of CONTRACTOR; and
C. The City Council has authorized the Mayor to execute a written Contract with CONTRACTOR for furnishing labor, equipment, and material for the CIP No 699 PARKING STRUCTURE LOT “C” 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 No. 699 PARKING STRUCTURE LOT “C” IMPROVEMENTS in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated November 2023, on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.

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

Collectively, these Contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.

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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 thirty(30) working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the Contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the Contract time.

5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum set forth in 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.

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

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

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

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

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

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

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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

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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

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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. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

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

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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

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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. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vii. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.

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

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