Hermosa Beach City Council
September 30, 2025

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.

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

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

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.

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:

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

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.

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

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

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. 1047163

CONTRACTOR
All-American Construction Solutions
11474 Norton Avenue, Chino, CA 91710
By:

Date Rafael Gutierrez, Secretary, CFO

CITY OF HERMOSA BEACH, CALIFORNIA
By:

Date Steve Napolitano, Interim City Manager
ATTEST:

By:

Date Myra Maravilla, City Clerk
CONTRACTOR'S Business Phone: ( )_____________
Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM:

Todd Leishman, Interim City Attorney
Date

CITY OF HERMOSA BEACH
RESOLUTION NO. 25-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING THE CONSTRUCTION OF CIP 619 KELLY COURTS

IMPROVEMENTS PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT
WHEREAS, The City of Hermosa Beach (“City”) solicited competitive bids for the Kelly Courts Improvements Project (“Project”); and
WHEREAS, Bids were received and opened publicly on August 28, 2025, and All-American Construction Solutions was chosen as the lowest responsible and responsive bidder; and
WHEREAS, The City Council desires to award the construction contract to AllAmerican Construction Solutions for the Project.

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

SECTION 1. Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.

SECTION 2. Summary of Bids. The City received a total of four (4) bids on August 28, 2025, which are summarized below:

BIDDER BID AMOUNT
Oppenheimer National $718,956.93
All American Construction Solutions $825,999.00
RG General Engineering, Inc. $930,341.00
Simgel Co. Inc. $974,745.00
SECTION 3. Determination. The City Council finds that (a) the design and plans for the Project are 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; and (c) the approval granted by this Resolution conforms with the City’s General Plan.

SECTION 4. Approval. The City Council authorizes the City Engineer, or designee, to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution.

SECTION 5. Design Immunity. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in California Government Code section 830.6.

SECTION 6. Account Establishment. The City establishes an account containing sufficient monies from the current fiscal year budget to pay for the Project. This Account is the sole source of funds available for the construction sum as defined in the contract document administering the Project.

SECTION 7. California Environmental Quality Act (“CEQA”). The City Council finds that this Resolution is not subject to CEQA pursuant to Sections 15301 (the proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use) and 15302 (the proposed work consists of reconstruction of existing court structures where the new courts will be located on the same site as the structure replaced, and will have substantially the same purpose and capacity as the structure replaced).

SECTION 8. Certification. The City Clerk is directed to certify the adoption of this Resolution.

SECTION 9. Effective Date. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED on this 30th day of September 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 Jason Baltimore
City Clerk Interim City Attorney

99999.92017\44176210.1

FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES TO

PROVIDE ON-CALL LANDSCAPE ARCHITECTURAL SERVICES BETWEEN THE CITY

OF HERMOSA BEACH AND NUVIS & ASSOCIATES
This Fourth Amendment to the Agreement for Professional Services to Provide OnCall Landscape Architectural Services is entered into by and between the City of Hermosa Beach, a municipal corporation (“City”) and NUVIS & Associates (“CONSULTANT”) as of December 3, 2025.

RECITALS
A. City and Consultant are parties to an Agreement dated December 17, 2019 (the “Agreement”) by which City engaged Consultant to provide architectural consulting services to the City.

B. The Consultant continues to perform authorized work for the City, in accordance with Section 4 of the original Agreement, and the City desires to maintain the Consultant’s services to retain internal knowledge and consistency on ongoing projects until all authorized work is completed.

C. The First Amendment to the Agreement, executed on December 3, 2022, extended the term to December 3, 2023.

D. The Second Amendment to the Agreement, executed on December 3, 2023, extended the term to December 3, 2024.

E. The Third Amendment to the Agreement, executed on December 3, 2024, extended the term to December 3, 2025.

F. City and Consultant now desire to amend the Agreement in order to extend the term of the Agreement to expire on December 3, 2026.

NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended as follows:

1. Section 7 of the Agreement is amended to read as follows:

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on December 3, 2026, unless earlier termination occurs in accordance with the Agreement, or this Agreement is extended in writing by both parties.

Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect.

99999.92017\44176210.1

CITY OF HERMOSA BEACH CONSULTANT
Steve Napolitano, Interim City Manager
ATTEST:

Perry Cardoza, President
APPROVED AS TO FORM:

Myra Maravilla, City Clerk Jason Baltimore, Interim City Attorney

KELLY PICKLEBALL AND TENNIS COURTS USE POLICY
City of Hermosa Beach • Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280 [email protected]

PICKLEBALL COURTS
The Pickleball Courts are available to the public with the purpose of balancing both recreational and instructional play.

RULES AND REGULATIONS

1. Hours of operation: Tuesday from 9:00am-9:00pm, Wednesday from 9:00am-4:00pm, Thursday from 9:00am9:00pm, Friday from 9:00am-4:00pm and Saturday from 9:00am-4:00pm. The courts are closed on Sunday and Monday.

2. Only traditional pickleball play is permitted unless otherwise approved by the Community Resources Department.

3. City-sponsored activities have priority over all reservations on all courts.

4. All classes, tournaments, instruction and organized activity of any kind must be approved by the Community Resources Department.

5. Courts 1 and 2 remain open for reservations and walk-on play. Courts 3 and 4 are closed.

6. Reservations may be made by Hermosa Beach residents only.

7. Reserved times are posted on each court and are updated on a daily basis.

8. Without a reservation, courts are available on a first-come, first-served basis and free of charge.

9. Singles and doubles play is permitted.

10. A maximum of one-hour play is allowed on heavy traffic days and when others are waiting to play.

11. Minors must always be accompanied by a parent/guardian.

12. Pickleball etiquette shall always prevail.

13. Only approved equipment outlined in the Kelly Courts Use Policy is allowed.

14. Tennis shoes must be worn while on the courts. No black sole shoes are permitted.

15. No food or glass containers allowed inside the court area.

16. No chalk or paint is to be used on the courts.

17. Pets are not permitted in the court areas at any time.

18. Report any court damage or vandalism to the Community Resources Department immediately.

19. Play at your own risk.

ETIQUETTE
• Players of all levels are welcome.
• USA Pickleball Association official rules shall govern play. • When serving, players should call the score. This lets the receiver know the player is ready to serve and helps all players keep track of the score.
• All players are required to leave the court after one hour’s worth of play, allowing the next players their turn to play.
• When leaving the court, players must be courteous to others still playing and wait until their point is over before walking around nearby courts.
• Each player should be ready and available to enter the court when it is their turn to play. • Players must not use offensive language while using the courts.

EQUIPMENT
• Only paddles with a polypropylene or composite core and a fiberglass, graphite or composite face are permitted for use. No wood or aluminum paddles may be used. • Balls made of foam are encouraged for use during casual games, drills, or practice. The use of Dura Fast pickleballs is not permitted.

RESERVATIONS
• Residents must purchase an annual Pickleball Membership in order to make reservations. • Pickleball Memberships can be purchased through the Community Resources Department, Monday-Thursday from 7:00am-6:00pm. Pickleball Membership Applications may be submitted in person or electronically by email to [email protected]. Proof of residency is required and may be provided with a photo I.D. with the current Hermosa Beach address. If the photo I.D. does not include the current Hermosa Beach address, a utility bill dated within the last 30 days will also be required. • Reservations are given on a first-come, first-serve basis and can be made at least one day prior but not more than four (4) days in advance for two (2) hours maximum per day. The online reservation system will open at 7:00am on the first accepted advance day.
• Reservations can be made by e-mail to [email protected] during office hours; Monday-Thursday from 7:00am-6:00pm or through the online reservation system 24 hours a day, seven days a week. • Payment is due at the time a reservation is made.
• Reservations can only be modified on the same day they are made and modifications can only be made during office hours; Monday-Thursday from 7:00am-6:00pm by e-mail to [email protected]. • Refunds will only be granted for inclement weather. Members are responsible for notifying the office of cancellations due to weather conditions within 24 hours of the cancelled date.

TENNIS COURT
The Tennis Court is available to the public for recreational play only.

RULES AND REGULATIONS

1. Hours of operation: Sunday to Monday, from 9:00am-9:00pm. You can access the court from Valley Drive or by entering the basketball courts. Entry from pickleball court will be locked.

2. Only traditional tennis play is permitted unless otherwise approved by the Community Resources Department.

3. City-sponsored activities have priority over all reservations on all courts.

4. All classes, tournaments, instruction and organized activity of any kind must be approved by the Community Resources Department.

5. Courts are available on a first-come, first-served basis and free of charge.

6. Singles and doubles play is permitted.

7. Minors must always be accompanied by a parent/guardian.

8. Tennis etiquette shall always prevail.

9. Tennis shoes must be worn while on the courts. No black sole shoes are permitted.

10. No food or glass containers allowed inside the court area.

11. No chalk or paint is to be used on the courts.

12. Pets are not permitted in the court areas at any time.

13. Report any court damage or vandalism to the Community Resources Department immediately.

14. Play at your own risk.

City of Hermosa Beach
BID #25-005| CIP No. 619
Kelly Courts Improvements
Opened By: City Clerk, Myra Maravilla Staff Present: Laney Wilson, Saad Malim, Andrew Nguyen Attested:

City Clerk Signature: ___________________________ Date: ____________ # COMPANY COMPANY CONTACT
(If Applicable)

BID RECEIVED

DATE/TIME

AMOUNT OF
BID

BID BOND
10%
ADDEND
A

1. All-American Construction
Solutions
Rafael Gutierrez
888-277-3110
[email protected]
8/28/2025
8:51 AM $825,999.00 Yes N/A

2. Simgel Co. Inc.

Emanuel Sasoones
310-475-7663
[email protected]
8/28/2025
8:52 AM $974,745.00 Yes N/A

3. RG General Engineering,
Inc.

Richard Gonzales
951-963-4268
[email protected]
8/28/2025
1:26 PM $930,341.00 Yes N/A

4. Oppenheimer National Tee Teymoorian
949-264-2640
[email protected]
8/28/2025
1:35 PM $718,956.93 Yes N/A
8/28/2025

17 IV. BID DOCUMENTS
A. PROPOSAL
CIP NO. 619 Kelly Courts Renovations
CONTRACTOR: Date: ___________________
TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:

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

CIP NO. 619 Kelly Courts Renovations
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.

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

All work shall be completed within forty (40) working days from the date the Notice to Proceed is issued by the Engineer.

Contractor Signature PWCR Registration Number

Oppenheimer National 8-22-25
1000975733

18 B. BID PROPOSAL
CIP NO. 619 Kelly Courts Renovations
Item
No.

Estimated
Quantity
Unit Description of Work Unit
Price Total
1 1 LS
General conditions including
Mobilization and Demobilization
(5% max. of total bid proposal
cost)
$
2 1 LS Erosion and sediment control $
3 1 LS
Clearing, grubbing, and
demolition. Includes the
removal of court paint and
concrete footings
$
4 1 LS Temporary construction fence $
5 1 LS Grading $
6 1 LS Existing utilities- protect inplace $
7 480 LF Sawcut existing PCC pavement $
8 205 SY Cold Mill 2” existing asphalt $
9 23 TN Overlay 2” asphalt concrete $
10 25 LF Construction of 6” PCC
retaining curb- paint green $
11 100 LF Construction of 8” PCC
retaining curb- paint green $
12 121 LF Construction of PCC curb and
gutter $
13 1 LS Relocate existing water valves
and fixtures $
14 1 LS Painting of existing block wall
green
$
15 580 SF Construction of PPC concrete
slab extension $
16 668 SF Construction of new 4’ thick
PCC sidewalk $
17 1 EA Install detectable warning panel $
36,400 36,400
8450 8450
74,490 74,490
11,700 11,700
6500 6500
4550 4550

9.10 4368

37.96 7781.80
678.60 15607.80
143 3575
123.50 12350
104 12584
4550 4550
9750 9750

32.50 18,850

33.80 22578
1235 1235

19 Item
No.

Estimated
Quantity
Unit Description of Work Unit
Price Total
18 280 LF
Install new 10’ high green
colored vinyl-coated fence with
green windscreen
$
19 125 LF
Install new 10’ high green
colored vinyl-coated fence
without windscreen
$
20 51 LF
Install new 4’ high green colored
vinyl-coated fence without
windscreen
$
21 545 LF
Install new 10’ high green
colored vinyl-coated fence fabric
with green windscreen
$
22 5 EA
Install new green colored vinylcoated single gate with green windscreen
$
23 1 EA
Install new green colored vinylcoated single gate without windscreen
$
24 1 EA
Install new green colored vinylcoated double gate with green windscreen
$
25 1 EA
Install green colored vinylcoated fabric, painted posts, and green windscreen for existing
double gate
$
26 3 EA
Install green colored vinylcoated fabric, painted posts, and green windscreen for existing
single gates
$
27 8 EA Install light pole padding $
28 120 LF Install wall safety padding $
29 1 LS Paint and refurbish pickleball
courts $
30 1 LS Paint and refurbish tennis court $
31 1 LS Paint and refurbish basketball
courts $
32 1 LS Install Pavement Striping and
markings (parking lot) $
33 2 EA Install signage – including
posts and hardware (parking lot) $
34 1 LS Install new Musco light poles
and luminaires $
185.45 51,926
153.73 19216.25
173.33 8839.83
183.69 100,111.05
1508 7540
1560 1560
3380 3380
2340 2340
1651 4953
650 5200
391.09 46930.80
15600 15600
15600 15600
15600 15600
3250 3250
1820 3640
97500 97500

20 (Total Bid in Figures)
______ _____________
(Total Bid in Words)
_______ _____________
Item
No.

Estimated
Quantity
Unit Description of Work Unit
Price Total
35 1 LS
Install site electrical
conduits/conductors includes
trenching, installation of pull
boxes, tie- in and installation of
time clocks.
$
36 4 SETS Install pickleball court posts, net,
straps and anchor $
37 1 SET Install tennis court posts, net,
straps and anchor $
38 4 SETS
Install four (4) basketball
uprights, backboards, nets, rings
and paddings
$
39 1 LS Modify existing irrigation $
40 1 LS Modify existing turf, soil prep,
and planting of sod $
41 1 LS 90-Day plant establishment and
post installation maintenance $
19500 19500
2470 9880
4160 4160
4550 18200
1560 1560
3250 3250
3900 3900
$718,956.93
Seven Hundred Eighteen Thousand & Nine Hundred Fifty six Dollars and Ninety three Cents

21 Contractor Name: ______
(Total Bid in Figures)
(Total Bid in Words)
Contractor Name: ______
In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the Bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a Bidder's bond in the amount of _________________________________________Dollars, said amount being not less than ten (10) percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

Contractor Signature: __________________________________________ PW Registration #: __________________________________________ State License #: __________________________________________ Contractor Company Name: __________________________________________ Oppenheimer National
Oppenheimer National
1000975733
1095956
Oppenheimer National
$718,956.93
Seven Hundred Eighteen Thousand & Nine Hundred Fifty Six Dollars and Ninety three Cents
10% of total bid amount

Bond No. CSBA-31898
C. BID BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, Oppenheimer National , (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach and said work being: CIP NO. 619 Kelly Courts Renovations as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.

NOW, THEREFORE, we, the Contractor, as Principal, and
The Gray Casualty & Surety Company a corporation organized and existing under the laws of the State of Louisiana , 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, m the sum of
Ten Percent of the Amount Bid Dollars ($10% ) 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.
----- 20th
IN WITNESS THEREOF, we have hereunto, set our hands and seals this day of August
, 2025 .

Oppenheimer National
��nc�
Title ________ _
22 vice president

25 D. BIDDER'S ASSURANCE
CIP NO. 619 Kelly Courts Renovations
FROM:

Name of Bidder:

Business Address:

Telephone No:

TO:

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

Pursuant to your published Notice Inviting Bids for: CIP NO. 619 Kelly Courts Renovations
The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule.

BY: TITLE:

Oppenheimer National
31878 Del Obispo ste 118510
San Juan Capistrano CA 92675
949-264 -2640
Teerun Teymoorian Vice President

26 E. BIDDER'S DECLARATION
CIP NO. 619 Kelly Courts Renovations
It is understood and agreed that:

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

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

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

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

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

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

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

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

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

27 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.

Oppenheimer National Vice President
31878 Del Obispo ste 118510
san juan capistrano CA 92675 1095956 Class A,B
Teerun Teymoorian Vice President
949-264 -2640 08-22-25

28 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP NO. 619 Kelly Courts Renovations
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

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

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

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

FIRM

TITLE OF PERSON SIGNING

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

Oppenheimer National
Vice President
08-22-25

29 G. CERTIFICATION OF PRINCIPAL
CIP NO. 619 Kelly Courts Renovations
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.)
Signature:

Name:

Title:

Name of Company:

Teerun Teymoorian
Vice President
Oppenheimer National

30 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP NO. 619 Kelly Courts Renovations
The undersigned, a duly authorized representative of the Contractor, certifies and declares that:

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

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

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

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

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

Signature:

Name:

Title:

Name of Company: Oppenheimer National
Vice President
Teerun Teymoorian
22nd
August Laguna Niguel

31 I. NON-COLLUSION DECLARATION
CIP NO. 619 Kelly Courts Renovations
The undersigned declares:

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

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

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

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

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

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP
Vice President Oppenheimer National
08-22-25
Laguna Niguel California
Oppenheimer National
31878 Del Obispo STE 118510
San juan capistrano CA 92675

32 J. REFERENCES OF WORK
CIP NO. 619 Kelly Courts Renovations
Date: ________________
The following are the names, addresses and phone numbers/ email addresses for at least three public agencies for which Bidder has performed similar work within the past five years.

All contact information must be current.
________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
___________________________________ ___________________________________ Contract Amount Date Completed
_________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Project Manager
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Description of Project
________________________________ _____________________________________ Contract Amount Date Completed
08-22-25
City of Fullerton 303 W Commonwealth Ave Fullerton CA 92832 Valencia Park Improvement
480,000.00 April 2025
Ada walkways Concrete, ADA Restrooms, basketball striping and repaint, landscaping irrigation, Site Work sign and monument installation
City of Manhattan Beach
Gilbert Gamboa (310) 802-5356
1400 highland Ave Manhattan Beach CA 90266
200,000.00 October 2024
Nick Esposito 714.738.6851
Playground Demo, Sidwalk and Asphalt demo , Fitness installation for park, Landscaping and Irrigation Polliwog Park Fitness Installation and ADA Sidewalk
ADA Sidewalk Concrete and pad and fitness slab foundation

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.

Carlos Velasquez 213.671.3601
300 tree planting and building planters around the city for water conservation and environment City of Vernon 4305 Santa Fe Ave Vernon CA 90058
$659,000.00 March 2025
City of Fullerton
Playground and park improvements, Playground Surface Improvement Drinking Fountains, playground mow curb and ADA Side walk 303 W Commonwealth Ave
Joseph Hernandez 714-773-0049
Acacia Park Improvements Picnic and bench installation, electrical and irrigation 265,000.00 Jan 2024
ADA Improvememts for Sidewalks, walkways, Ramps around the city Ada Improvements & StreetTree Planting Santa Fe & Vernon Ave

34 K. SUBCONTRACTORS LIST
CIP NO. 619 Kelly Courts Renovations
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each Bidder shall set forth below: (a) the name and location of the place of business, (b) the California Contractor license number, (c) the DIR public works Contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.

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

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

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

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

Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Mission Paving and sealing, Inc
12747 SCHABARUM AVE
Irwindale Ca 91706
Asphalt and Striping
624257
(626) 452-8200
1000002697
25,000 3%

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
CLT Surfacing LLC
Fence Pros
Fence and Gate
Playground Striping
1110312 1001128239
8998 Hamilton st Alta Loma, CA 91701
909-749-1907
40155 178th St E, Palmdale, CA 93591
933622 1000977699
818-233-4426
55,000 7%
200,000 30%

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) 40

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.

Teerun Teymoorian
Vice President
Oppenheimer National
08-22-25

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.” 1000975733
06-30-2027
Oppenheimer National
X
Oppenheimer National
Teerun Teymoorian- Vice President
08-22-2025

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

40 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: __________________________________________________

Oppenheimer National
Teerun Teymoorian
Vice President
08-22-2025

1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity

ADDENDUM No. 1
CIP 619 – Kelly Court Renovations
DATE: 08/07/2025

TO: All Prospective Bidders
Please note the following changes and/or additions to the Notice Inviting Bids and Plans for the project indicated above.

1. Response to Questions

1. The scope of services seems to outline work that a "B" licensed contractor could also perform. Please confirm if a "B" license will be acceptable, or if a "B" licensed contractor with an "A" licensed subcontractor for any street connections etc. would be acceptable.

A. A Class "B" license will not be acceptable. As stated in the Bid Documents, a valid California Class "A" General Engineering Contractor’s License is required to bid and perform the work.

2. Hello, Do you need the Bond to be submitted by Surety 2000 or just scanned with the Bid Documents and to be submitted?
A. The Bid Bond may be submitted scanned with the Bid Documents.

3. Is there a process for approvals of "As Equals"?
A. Yes, there is a process for approvals of "As Equals". An equal alternate material/equipment submittal will be reviewed by the owner and design team based on compared performance and functionality, quality and durability, compatibility and compliance with standards of the materials/equipment called out in plans with proposed alternates to determine if it’s acceptable.

4. Please confirm whether this project is subject to a PLA (Project Labor Agreement), a PSA (Project Stabilization Agreement), a CBA (Collective Bargaining Agreement), a CWA (Community Workforce Agreement), or any other union agreements of that nature?
A. The Kelly Courts Improvements Project (CIP 619) is not subject to a PLA, PSA or CWA.

1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity

5. Is this project subject to State Prevailing Wage Rates OR Federal Davis-Bacon Wage Rates (or both)?
A. Please refer to Section II of the Project's specifications, "Prevailing Wages".

6. Please confirm that the listed Pre-Bid Meeting is Mandatory.

A. Yes, the Pre-Bid Meeting is Mandatory. Please refer to Section II of the project's specifications, "Notice to Bidders".

7. Is an original hard copy of the Bidder's Bond required to be submitted to the agency’s office by/before the bid due date and time?
A. A copy of the fully executed and notarized "Bidder's Bond" can be submitted as part of the proposal packet. Please refer to Section II of the Project's specifications, "Submittal of Bids".

8. Is an original hard copy of the Bidder's Bond required to be submitted to the agency’s office by/before the bid due date and time?
A. A copy of the fully executed and notarized "Bidder's Bond" can be submitted as part of the proposal packet. Please refer to Section II of the Project's specifications, "Submittal of Bids".

9. Is the pre-bid meeting mandatory?
A. Yes, the Pre-Bid Meeting is Mandatory. Please refer to Section II of the project's specifications, "Notice to Bidders".

10.Hello, is the Bond through Surety 2000 or just a scanned copy with bid documents? and is the meeting in person or online? thank you A. The Bid Bond may be submitted scanned with the Bid Documents.

ADDENDUM ISSUED BY: _______________________________________ Laney Wilson, Project Manager
Saad Malim, City Engineer Page 1223 of 1878
1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity

ACKNOWLEDGEMENT OF ADDENDUM No. 1
CIP 619 – Kelly Court Renovations
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your bid. Failure to do so may result in disqualification of your firm’s bid.

The undersigned acknowledges receipt of Addendum No. 1 dated Aug 7, 2025.

ATTEST: _____________________________________
Principal: _____________________________________
Address: _____________________________________
By: _____________________________________
Title: _____________________________________
Teerun Teymoorian
Vice President
Confirmed aknowledged
Oppenheimer National
31878 Del Obispo ste 118510 San Juan Capistrano ca 92675

1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity

ADDENDUM No. 2
CIP 619 – Kelly Court Renovations
DATE: 08/26/2025

TO: All Prospective Bidders
Please note the following changes and/or additions to the Notice Inviting Bids and Plans for the project indicated above.

1. Response to Questions

1. Should we send equipment requests for "As Equal" through the bid system or is there an email to send them?
A. Here are the following requirements and instructions: The successful bidder could ask for a substitution (or equal). The form needs to be submitted to the City as part of the signed agreement. The successful contractor may email the documents. However, the contractor shall ensure that the City receives a fully executed (with original signature) hard copy of the agreement packet. Please refer to the Contract Documents & Specs page 61 for the 'Equals' form.

2. Project Plan Documents and Contract Documents & Specs

2. Remove from scope of project “the painting of fresh coat of green paint to match existing” along the wall south of the pickleball/tennis courts as referenced on Project Plan Sheet LC-1 (Construction Note 12).

3. For the new chain link fence with mesh fabric and new mesh fabric on existing fences, the new mesh size is to be changed from 2-inch size to 1-inch size, as referenced on Project Plan Sheets LC-1(Construction Notes 9 &14), LC-3 (Detail 1) and LC-4 (Details 1 & 2), as well as referenced in the Contract Documents and Specs on TP 2.4 (Technical Provisions - Chain-link Fence Fabric).

ADDENDUM ISSUED BY:
____________________________________ ____________________________________ Laney Wilson, Project Manager Saad Malim, City Engineer

1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity

ACKNOWLEDGEMENT OF ADDENDUM No. 2
CIP 619 – Kelly Court Renovations
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your bid. Failure to do so may result in disqualification of your firm’s bid.

The undersigned acknowledges receipt of Addendum No. 2 dated Aug 26, 2025.

ATTEST: _____________________________________
Principal: _____________________________________
Address: _____________________________________
By: _____________________________________
Title: _____________________________________
Aknowledged by Tee Teymoorian
Oppenheimer National
31878 Del Obispo Ste 118510 San Juan Capo CA 92675
vice president

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U. S. A. 9 2 6 6 0

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California
Know what'sbelow.

Call before you dig.

R

C I T Y O F H E R M O S A B E A C H , C A
1 9 0 7N
0'
SCALE: 1" = 10'
5' 10' 20' 40'

CONSTRUCTION LEGEND
4 10' HIGH GREEN VINYL COATED CHAINLINK FENCE - REFER TO DETAIL '1', SHEET LC-4 5 4' HIGH GREEN VINYL COATED CHAINLINK FENCE - REFER TO DETAIL '2', SHEET LC-4 GREEN VINYL COATED CHAINLINK FENCE SINGLE SWING GATE - REFER TO DETAIL 1, SHEET LC-3
6 GREEN VINYL COATED CHAINLINK FENCE DOUBLE SWING GATE - REFER TO DETAIL 1 , SHEET LC-3
7 8
PICKELBALL COURT - REFER TO DETAIL 2, SHEET LC-3.

TENNIS COURT - REFER TO DETAIL 1, SHEET LC-2
BASKETBALL COURT - REFER TO DETAIL 2, SHEET LC-2
RETAINING CURB WITH CHAINLINK FENCE - REFER TO DETAIL '3', SHEET LC-4 - CURB SHALL BE

PAINTED GREEN TO MATCH EXISTING SOUTHERLY WALL, CITY TO PROVIDE GREEN COLOR INFORMATION TYPE AND FINISH. CONTRACTOR SHALL PAINT.
1 2
3 1 1
2 3
3 9 EXISTING CHAINLINK FENCE POST SHALL REMAIN AND BE PROTECTED, POST SHALL BE

PAINTED GREEN, ALL CHAINLINK FABRIC SHALL BE REMOVED AND DISCARDED IN A LEGAL

MANNER, AND NEW GREEN VINYL COATED CHAINLINK FABRIC WITH A WINDSCREEN SHALL BE

INSTALLED

1. CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT FOR THE

INSTALLATION OF ALL IMPROVEMENTS AS SHOWN ON THE DRAWINGS AND AS DESCRIBED IN THE SPECIFICATIONS.

2. CONTRACTOR SHALL REVIEW ALL EXISTING SITE CONDITIONS PRIOR TO SUBMITTING BID AND PRIOR TO COMMENCING INSTALLATION. IF ANY DISCREPANCIES EXIST, THEY SHOULD BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE CITY'S AUTHORIZED REPRESENTATIVE.

3. DEVIATIONS BETWEEN THE DRAWINGS AND ACTUAL FIELD CONDITIONS SHALL BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE CITY'S AUTHORIZED REPRESENTATIVE.

4. COSTS INCURRED DUE TO REPAIR, RESTORATION, OR REPLACEMENT OF EXISTING IMPROVEMENTS WHICH ARE DESIGNATED "TO BE PROTECTED" OR "TO REMAIN" WHICH ARE

DAMAGED AS A RESULT OF CONSTRUCTION OPERATIONS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR.

5. UNLESS DESIGNATED ON THE DRAWINGS OTHERWISE, ALL MATERIALS DESIGNATED FOR REMOVAL SHALL BE DISPOSED OF OFF-SITE.

6. HARDSCAPE AND STRUCTURAL ELEMENTS SHALL BE PLACED PER GEOTECHNICAL SOILS REPORT. IF SUCH REPORT IS UNAVAILABLE, CONTRACTOR SHALL DISCUSS PLACEMENT ON SUITABLE GRADE WITH THE CITY'S AUTHORIZED REPRESENTATIVE.

7. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND STAKING ALL SEWER, WATER AND

UTILITY LINES ABOVE OR BELOW GRADE THAT MIGHT BE DAMAGED AS A RESULT OF CONSTRUCTION OPERATIONS. CONTRACTOR SHALL ASSUME SOLE RESPONSIBILITY FOR ANY

COST INCURRED FOR REPAIR, RESTORATION, OR REPLACEMENT OF AFOREMENTIONED UTILITIES DAMAGED AS A RESULT OF CONSTRUCTION OPERATIONS.

8. ABANDONED PIPES SHALL BE CAPPED OR PLUGGED IN A MANNER APPROVED BY THE CITY'S AUTHORIZED REPRESENTATIVE.

9. CONCRETE INDICATED FOR SAWCUTTING AND REMOVAL SHALL BE CUT TO A TRUE LINE WITH NEATLY SAWED EDGES. IF A SAWCUT IS WITHIN THREE FEET (3') OF AN EXISTING EXPANSION OR CONTROL JOINT, CONCRETE SHALL BE REMOVED TO THAT NEAREST JOINT.

10. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS, MANUFACTURER'S CUT OR DATA SHEETS FOR APPROVAL PRIOR TO ORDERING MATERIALS. CONTRACTOR SHALL FURNISH TO THE CITY'S

AUTHORIZED REPRESENTATIVE A CERTIFICATE OF COMPLIANCE FOR SUCH FURNISHED MATERIALS.

11. UNLESS DESIGNATED ON THE DRAWINGS OTHERWISE, MATERIALS TO BE PURCHASED AND FURNISHED BY THE CONTRACTOR SHALL BE NEW.

12. RECOMMENDATIONS BY A STRUCTURAL ENGINEER SHALL TAKE PRECEDENCE FOR ALL SOIL CONDITIONS, MATERIALS, REINFORCEMENT, DIMENSIONS, AND SUBBASE.

13. ALL GREEN VINYL COATED CHAINLINK FENCE AND GATES SHALL RECEIVE A WINDSCREEN EXCEPT WHERE NOTED ON PLAN.

14. GREEN COLOR PAINT NOTED HEREON
SHALL MATCH RAL # 6005 - MOSS GREEN

CONSTRUCTION NOTES
8 6
6 6
4 7
4 6
14 10
6 10 ELECTRICAL ENCLOSURE SHALL REMAIN AND BE PROTECTED 11 EXISTING LIGHTS - POST WITHIN PLAYING AREAS SHALL RECEIVE A 6 FOOT TALL SAFETY POLE PAD - SKU: SPP 6FT ROUND - AVAILABLE FROM WILLYGOAT OR APPROVED EQUAL. DIAMETER SHALL BE DETERMINED PER FIELD VERIFICATION. COLOR SHALL BE, YELLOW. REFER TO DETAIL 4, SHEET LC-4 FOR SPECIFICATION DETAIL.
12 EXISTING WALL TO REMAIN AND BE PROTECTED, AND TO BE PAINTED WITH A FRESH COAT OF

GREEN PAINT TO MATCH EXISTING - CITY TO PROVIDE GREEN COLOR INFORMATION TYPE AND FINISH. CONTRACTOR SHALL PAINT.
13 BASKETBALL COURT LIMIT OF WORK
14 13
15 LIMIT OF WORK LINE
11 11
11 11
11 11
11 11
6 15

EXISTING GATE SHALL RECEIVE NEW GREEN CHAINLINK VINYL COATED FABRIC AND

WINDSCREEN
14 14
14 12
12 9 9 9
9 9
9 ADA PARKING STALLS - REFER TO CIVIL PLANS
5 9
9 4 NO WINDSCREEN

NEW ADA CONCRETE

PATH AND RAMP PER

CIVIL PLANS

NO WINDSCREEN

NO WINDSCREEN
9 16 PROZONE® FIELD WALL PADDING PROTECTIVE PADDING SHALL BE FURNISHED AND INSTALLED ON EXISTING WALL. INSTALL PER MANUFACTURER RECOMMENDATIONS.

AVAILABLE FROM SPORT SPECIALTIES OR APPROVED EQUAL.
16 16

NEW LIGHTS PER
ELECTRICAL PLAN TYP.

REFER TO

ELECTRICAL
PLAN

REFER TO

ELECTRICAL
PLAN

REFER TO

ELECTRICAL
PLAN
7/23/25 7/23/25

7.23.2025

xx xx xx xx xx xx xx xx xx xx
U. S. A. 9 2 6 6 0

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California
Know what'sbelow.

Call before you dig.

R

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

A C , H
1 9 0 7N
PICKLEBALL COURT 2 SCALE: NTS
CONCRETE PAVING PAINT COLOR SHALL BE: FOREST GREEN
CONCRETE PAVING PAINT COLOR SHALL BE: BLUE

EXISTING CONCRETE PAVING- REFER TO NOTES

REFERENCE LINE ONLY- COURT PLAY AREAS
10 FT HIGH CHAINLINK FENCE - REFER TO DETAIL '1', SHEET LC-4 CHAINLINK FENCE GATE SINGLE PEDESTRIAN - REFER TO DETAIL '1', THIS SHEET BISON MODEL # PK10XL - PICKLEBALL SYSTEM - INCLUDES NET,

POSTS, CENTER STRAP AND ANCHOR
'TEXTURED' WHITE LINE PAINT
1 2
3 4
5 6
7 8
9 10 CHAINLINK FENCE ON RETAINING CURB - REFER TO DETAIL '3', SHEET LC-4 4 FT HIGH CHAINLINK FENCE - REFER TO DETAIL '2', SHEET LC-4 NOTES:

1. CONCRETE COLOR SHALL BE AS NOTED.

2. PICKLEBALL POST, NET, AND CENTER STRAP ANCHOR SHALL BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS.

3. CONTRACTOR SHALL USE SPORTMASTER OR APPROVED EQUAL, COLOR COATING SYSTEM TO FILL/PATCH CRACKS, RESURFACE, AND PAINT PICKLEBALL COURTS.

4. CONTRACTOR SHALL PAINT COURT AS SHOWN USING 'SPORTMASTER' PAINT OR APPROVED EQUAL. COLOR OF PAINT SHALL BE FOREST GREEN AND BLUE. REFER TO PLAN FOR LOCATIONS OF EACH.

5. CONTRACTOR SHALL PAINT LINES WITH 'TEXTURED' WHITE LINE PAINT.

6. PAINTS ARE AVAILABLE FROM SPORT MASTER SPORT SURFACES 800-395-7325 OR AN APPROVED EQUAL.

7. CONTRACTOR SHALL PROVIDE COLOR SAMPLES TO ENGINEER FOR REVIEW & APPROVAL PRIOR TO CONSTRUCTION. ALL WORK PERTAINING TO PAINTING SHALL BE PER MANUFACTURER'S SPECIFICATIONS.

8. CONTRACTOR TO REPLACE/FILL CONCRETE HOLES FROM DEMOLISHED POLES AND CENTER ANCHOR AND TREAT PER SPORTMASTER SPECIFICATIONS.

9. EXISTING COURT PAINT AND STRIPING SHALL BE STRIPPED WITH A SANDING/GRINDING OR HYDROBLASTING METHOD.

10. REFER TO CONSTRUCTION PLAN FOR DIRECTION PERTAINING TO FENCE AND GATES

11. EXISTING PICKLEBALL COURT POST, ANCHORS AND FOOTINGS SHALL BE REMOVED AS PART OF THE DEMOLITION PROCESS. CONTRACTOR SHALL BACKFILL AND COMPACT THE VOID TO 95% WITH STRUCTURAL SOIL AND FINISH TO SURFACE PER DETAIL 2, SHEET C-7.2 AND SHEET C-7.2.

12. CONTRACTOR SHALL PROVIDE LAYOUT DIMENSIONS TO CITY ENGINEER FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION.

13. EXCEPT WHERE NOTED OTHERWISE, ALL 10' HIGH FENCE SHALL RECEIVE A WINDSCREEN. 5 8
1 6
6 3
2 4
4 7
10 9
7 CHAINLINK FENCE AND WALL PER LANDSCAPE CONSTRUCTION
PLAN SHEET LC-1.
11 11
9 ℄

MINIMUM
MINIMUM 10'-0" 6'-8" EQ. 2" CLR
18"
NOTES:

3. 2.

1. 5' 3"
18" 5' 3"
10 9
8 7
4'-0" EQ.
4 6
5 3
2 8
LEGEND:
1 POSTS: POSTS 3-1/2 IN. O.D. WITH 18 IN. DIA.

X 5 FT. FOOTINGS. HEIGHT OF POST VARIES
PER CONSTRUCTION AND STAKING PLAN.

POST SHALL BE PAINTED GREEN PER

CONSTRUCTION NOTES
GATE FRAMES: TOP, BOTTOM, AND SIDE
MEMBERS 2- 3/8 IN. O.D., MID RAIL 1-5/8" O.D.

MITER GATE FRAME CORNERS WELD AND
GRIND SMOOTH.

FABRIC: 6 GAUGE, 2 IN. MESH, GREEN VINYL

COATED, KNUCKLE TOP AND BOTTOM
HINGES: INDUSTRIAL BULLDOG HINGE
(180°SWING), 2 HINGES PER GATE, ONE AT

TOP AND BOTTOM FOR SINGLE PEDESTRIAN
AND 4 HINGES PER GATE, EQUALLY SPACED
FOR DOUBLE VEHICULAR.

STRETCHER BAR: 3/16 X 3/4 IN. WITH
1/8 X 1 IN. TENSION BANDS AT 12" O.C.

TIE WIRES: 11 GAUGE AT 1'-6" O.C. AT

GATE FRAME TOP, BOTTOM AND MID
RAILS

POST CAPS SHALL BE MALLEABLE
IRON OR PRESSED STEEL.

CAST ALUMINUM FORK WITH
LOCKABLE LATCH.

FINISH SURFACE OR GRADE PER

CONSTRUCTION AND LAYOUT PLANS
AND CIVIL PLANS.

CONTRACTOR SHALL PURCHASE, SUPPLY, AND PROVIDE MASTERLOCK, CHAIN AND KEYS TO ENGINEER FOR EACH SET OF GATES. LOCKS SHALL BE KEYED FOR SAME KEY.

DOUBLE VEHICULAR GATES SHALL RECEIVE A 5/8" DIA. GALVANIZED DROP ROD WITH 3/4" DIA. SCH. 40 GALVANIZED STEEL SLEEVE CENTERED BETWEEN GATES. SLEEVE SHALL BE SET INTO 6" SQUARE X 12" DEEP CONCRETE FOOTING FOR ROD. 5' 3" 5' 3" 18" 2" CLR
18"

SINGLE PEDESTRIAN GATE

DOUBLE VEHICULAR GATE
TRUSS ROD: 3/8 IN DIA.

THREADED AT BOTH ENDS

AND TENSIONED WITH TWO
AT 1'-0" O.C. INDUSTRIAL

TRUSS TIGHTENERS
SECURED TO GATE FRAME.
11 UNDISTURBED NATIVE GRADE OR

CERTIFIED COMPACTED SUBGRADE
TO 95% COMPACTION.
1 1
2 4 3
5 6
7 9
10 11

CHAIN LINK FENCE MATERIALS SHALL CONFORM TO THE CHAINLINK FENCING SECTION OF SPECIFICATIONS.

4. ALL METAL HARDWARE SHALL BE GALVANIZED.
8 CONCRETE FOOTINGS SHALL BE ALLOWED TO SET FOR SEVEN DAYS PRIOR TO INSTALLATION OF GATES.

5. 5"-0" 5"-0"

REFER TO SINGLE GATE

ABOVE AND NOTES HEREON
FOR MATERIALS 10'-0" 6'-8" EQ. EQ.
8' TALL, OPEN MESH WINDSCREEN, 600 SERIES,SHALL BE ATTACHED TO THE INSIDE

FACE OF CHAIN LINK FENCE FABRIC PER MANUFACTURER DETAILS AND SPECIFICATIONS. COLOR SHALL BE GREEN. SCREEN IS AVAILIABLE FROM FENCE SCREEN AT 808-511-9795, OR AN APPROVED EQUAL.

6. CHAINLINK GATES

SINGLE AND DOUBLE
1 SCALE: NTS
℄
5 5 5
5 5
7 4' DIMENSION

DENOTES OPEN

GAP BETWEEN

COURTS, BOTH
SIDE

FACE OF CURB

REFERENCE FROM FENCE LINE ALIGN ALIGN

NO WINDSCREEN

NO WINDSCREEN
10 7/23/25
7/23/25

7.23.2025

NUVIS
22-040.01
Hermosa Beach Pickle Ball
Court Improvements
Hermosa Beach, California
CHAIN LINK FENCES AND GATES 323113 - 5
d. Type C: Zn-5-Al-MM alloy, consisting of not less than 1.8 oz./sq. ft. coating. e. Coatings: Any coating above.

7. Polymer coating over metallic coating.
a. Color: Match chain-link fabric, in accordance with ASTM F934.

2.4 CHAIN-LINK FENCE FABRIC
A. General: Provide fabric in one-piece heights measured between top and bottom of outer edge of selvage knuckle or twist in accordance with "CLFMI Product Manual" and requirements indicated below:

1. Fabric Height: As indicated on Drawings.

2. Steel Wire for Fabric: Wire diameter of 0.192 inch.
a. Mesh Size: 2 inches.
b. Aluminum-Coated Fabric: ASTM A491, Type I, 0.40 oz./sq. ft.. c. Zinc-Coated Fabric: ASTM A392, Type II, Class 2, 2.0 oz./sq. ft. with zinc coating applied before weaving.
d. Polymer-Coated Fabric: ASTM F668,
1) Color: As noted on drawings andin accordance with ASTM F934. e. Coat selvage ends of metallic-coated fabric before the weaving process with manufacturer's standard clear protective coating.

3. Aluminum Wire Fabric: ASTM F1183, with mill finish, and wire diameter of

0.192 inch.
a. Mesh Size: 2 inches.

4. Selvage: Twisted top and knuckled bottom.

2.5 CHAIN-LINK FITTINGS
A. Provide fittings in accordance with ASTM F626.

B. Post Caps: Provide for each post.

1. Provide line post caps with loop to receive tension wire or top rail.

C. Rail and Brace Ends: For each gate, corner, pull, and end post.

D. Rail Fittings: Provide the following:

1. Top Rail Sleeves: As shown on Drawings and not less than 6 inches long.

2. Rail Clamps: Line and corner boulevard clamps for connecting rails to posts.

Public Works
1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity

September 2, 2025
SUBJECT: CIP 619 – Kelly Courts Improvements Project

To All Bidders,
This letter is to serve as an update on the status of the CIP 619 – Kelly Courts Improvements Project bid review process following the Bid Opening on Thursday, August 28, 2025.

Oppenheimer National is directed to show cause why its bid, which fails to show that it has five (5) years’ experience in the magnitude and the character of the work bid, should not be rejected as nonresponsible, section 1103 of the Public Contract Code providing in pertinent part (underline added):
“Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.

Oppenheimer National shall provide its response on or before September 7, 2025.

Should you have any questions, please contact me at [email protected] Sincerely,
Laney Wilson
Associate Engineer
C: Saad Malim, City Engineer
Laney Wilson

September 4th, 2025
Attention: Laney Wilson, P.E. & City of Hermosa Beach
Subject: Response to Notice Regarding CIP 619 – Kelly Courts Renovations Dear Ms. Wilson,
We are in receipt of your letter regarding the bids received for the CIP 619 Kelly Courts Project. Respectfully, we must clarify that the basis cited for requesting justification from Oppenheimer National is not supported by the bid documents.

1. No “Five Years of Experience” Requirement Exists
The bid documents do not state that a bidder must demonstrate five (5) years of prior experience in order to qualify. Rather, the documents require that bidders demonstrate relevant project experience within the last five (5) years and that they have completed similar projects of comparable scope:
“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.”
CIP 619_Kelly Courts Improvemen…
This clause does not establish a blanket five-year minimum operating history requirement. Instead, it allows bidders to demonstrate experience through comparable projects performed within the specified five-year window. Attached you will see a list of completed projects for your reference that satisfy requirements. (see pages at end)

2. Protest Period Has Expired
The bid documents establish that any protest must be filed in writing within five (5) calendar days after the bid opening date
CIP 619_Kelly Courts Improvemen…
31878 DEL OBISPO ST SAN JUAN CAPISTRANO CA 92675 WWW.OPPNAT.COM 949.264.2640

. The bids were publicly opened on August 28, 2025 at 2:00 PM CIP 619_Kelly Courts Improvemen…
. That deadline has passed without any valid protest being filed.

Per the “Protest Procedures” section:
“This administrative procedure and the time limits set forth herein are mandatory. Failure to comply… shall constitute a waiver of any right to pursue the bid protest.”
CIP 619_Kelly Courts Improvemen…
Accordingly, the protest period is legally exhausted.

3. Bid Documents Are Not Publicly Releasable Until Award The bid package itself reinforces that bid materials are not subject to release until after award and only through proper procedures, such as a Public Records Act request.

Therefore, no bidder should be disadvantaged by retroactive reinterpretation of requirements after the bid closing date.

Conclusion
The requirement cited in your notice is inconsistent with the actual contract language, and the legally prescribed protest period has already closed. Oppenheimer National respectfully requests confirmation that our bid remains valid as the apparent low, responsive, and responsible bidder.

We appreciate the City’s efforts to maintain transparency and fairness in the procurement process, and we remain committed to working cooperatively toward a successful award.

Sincerely,
Rusteen Hadjilou, CEO
Oppenheimer National
31878 DEL OBISPO ST SAN JUAN CAPISTRANO CA 92675 WWW.OPPNAT.COM 949.264.2640

Recently Completed Projects
● M.E. Playground Improvements- Lawndale – Completed Aug 2025 – $455,662 ● ADA & Beautification Project - SJC – Completed Sept. 2025 – $896,400 ● Valencia Park Improvements - Fullerton – Completed May 2025 – $367,057 ● Public Safety Improvements - La Verne – Completed May 2025 – $178,310 ● ADA Curb Ramps - Vernon – Completed Apr 2025 – $657,000 ● La Verne Police Department – Public safety block wall & fencing – Feb 2025 – $182,000
● Veterans Park (Chino Hills) – Electrical lighting installation – Jan 2025 – $175,000
● Polliwog Park (Manhattan Beach) – Park amenities and ADA ramp/sidewalks – Oct 2024 – $187,000
● Pomona Hydration Upgrades – Drinking fountains, turf, tile, concrete – Aug 2024 – $198,000
● Fullerton College – Study lounge remodel – Aug 2024 – $195,000 ● Civic Center, Lake Forest – V-ditch stormwater concrete – Nov 2024 – $114,000
31878 DEL OBISPO ST SAN JUAN CAPISTRANO CA 92675 WWW.OPPNAT.COM 949.264.2640

● Huntington Beach Police Department – Facility grading, asphalt, striping – Nov 2024 – $150,000
● Arovista Park ADA Parking Lot (City of Brea) – ADA ramp and parking lot improvements – May 2024 – $105,000
● Acacia Park Improvements – Site amenities and flatwork – Jan 2024 – $265,000
● Laguna Hills Sports Complex – Park beautification – Jan 2024 – $255,000 ● Lawndale School District – Flooring & abatement – Jan 2024 – $120,000 ● English Springs Park (Chino Hills) – Sidewalk and site work – Dec 2023 – $110,000
● La Puente Park – Coffee kiosk, grading, flatwork, trenching – Apr 2023 – $78,000
Current / In-Progress Projects
● Fence – Recycling Center – Contract: $388,724 – May 1, 2025 to Jul 30, 2025 – In progress
● City Service Center Paving – Contract: $594,876 – Jun 30, 2025 to Jul 31, 2025 – In progress
● Red Stage (City of Fontana) – Site improvements – Contract: $244,400 – May 15, 2025 to Jul 31, 2025 – In progress
31878 DEL OBISPO ST SAN JUAN CAPISTRANO CA 92675 WWW.OPPNAT.COM 949.264.2640

Public Works
1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity

September 8, 2025
SUBJECT: CIP 619 – Kelly Courts Improvements Project
To Oppenheimer National,
The City of Hermosa Beach (“City”) is in receipt of your correspondence dated September 4, 2025. Said correspondence fails to demonstrate that your firm is a responsible bidder for this contract, and therefore the City intends to proceed with the second lowest bidder.

Public Contract Code section 1103 provides (underline added):
“Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.

Your firm has not made such showing. First, your firm does not meet the experience requirements stated in the Contract Documents (underline added):

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.

City staff determined that such experience is necessary to demonstrate responsibility. That determination is clearly not arbitrary and is a valid exercise of legislative discretion. (Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303).

Notably, your correspondence quoted the first sentence while denying the substance of the following sentence. Such omission does the opposite of supporting your firm’s position.

The protest period, like all public works laws, (Judson Pacific-Murphy Corp. v. Durkee (1956) 144 Cal.App.2d 377, 383), is for the benefit of the City not the benefit of bidders. It is not binding on the City to preclude rejecting a bid.

As for your firm’s interpretation of the California Public Records Act and the bidding documents, such interpretation is both wrong and contrary to law. (Michaelis, Montanari & Johnson v. Superior Court (2006) 38 Cal.4th 1065).

Sincerely,
Laney Wilson
Associate Engineer
C: Saad Malim, City Engineer

Public Works
1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity September 2, 2025
SUBJECT: CIP 619 – Kelly Courts Improvements Project
To All Bidders,
This letter is to serve as an update on the status of the CIP 619 – Kelly Courts Improvements Project bid review process following the Bid Opening on Thursday, August 28, 2025.

Oppenheimer National is directed to show cause why its bid, which fails to show that it has five (5) years’ experience in the magnitude and the character of the work bid, should not be rejected as nonresponsible, section 1103 of the Public Contract Code providing in pertinent part (underline added):
“Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.

Oppenheimer National shall provide its response on or before September 7, 2025.

Should you have any questions, please contact me at [email protected] Sincerely,
Laney Wilson
Associate Engineer
C: Saad Malim, City Engineer - [email protected]
Laney Wilson

EXHIBIT B

EXHIBIT C

EXHIBIT #D

U. S. A. 9 2 6 6 0

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California
Know what'sbelow.

Call before you dig.

R

PROJECT SITE

C I T Y O F H E R M O S A B E A C H , C A
1 9 0 N7
7/23/25 7/23/25

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Underground Service Alert of Southern California Know what'sbelow. Callbefore you dig.

R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 7/23/25 Plot Jun 20, 2025 at 10:27am
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R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 230037_HBPC_02_EXCD.dwg COPYRIGHT © BKF ENGINEERS 2025 Plot Jun 19, 2025 at 6:13pm
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C I T Y O F H E R M O S A B E A C H , C A
1 9 0 7NUnderground Service Alert of Southern California Know what'sbelow. Callbefore you dig.

R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 230037_HBPC_03_DEMO.dwg COPYRIGHT © BKF ENGINEERS 2025 Plot Jun 25, 2025 at 11:20am
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R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 230037_HBPC_03_DEMO.dwg COPYRIGHT © BKF ENGINEERS 2025 Plot Jun 25, 2025 at 10:56am
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1 9 0 7NUnderground Service Alert of Southern California Know what'sbelow. Callbefore you dig.

R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 230037_HBPC_04_HCP.dwg COPYRIGHT © BKF ENGINEERS 2025 Plot Jun 25, 2025 at 7:13pm
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R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 230037_HBPC_04_HCP.dwg COPYRIGHT © BKF ENGINEERS 2025 Plot Jun 25, 2025 at 11:40am
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1 9 0 7NUnderground Service Alert of Southern California Know what'sbelow. Callbefore you dig.

R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 230037_HBPC_05_GRAD.dwg COPYRIGHT © BKF ENGINEERS 2025 Plot Jun 25, 2025 at 6:54pm
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R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 230037_HBPC_05_GRAD.dwg COPYRIGHT © BKF ENGINEERS 2025 Plot Jun 25, 2025 at 9:30am
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1 9 0 7NUnderground Service Alert of Southern California Know what'sbelow. Callbefore you dig.

R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 230037_HBPC_06_ERCL.dwg COPYRIGHT © BKF ENGINEERS 2025 Plot Jun 20, 2025 at 9:30am
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SECTION PROFILE INTERNATIONAL SYMBOL OF ACCESSIBILITY STALL EMBLEM RAISED TRUNCATED DOME RAISED TRUNCATED DOME PATTERN WHEEL STOP ACCESSIBLE PARKING SIGN Underground Service Alert of Southern California Know what'sbelow. Callbefore you dig. R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 230037_HBPC_07_DET.dwg COPYRIGHT © BKF ENGINEERS 2025 Plot Jun 20, 2025 at 9:42am
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Underground Service Alert of Southern California Know what'sbelow. Callbefore you dig.

R 95% CD - NOT FOR CONSTRUCTION BKF ENGINEERS 4675 MACARTHUR CT. SUITE 400 NEWPORT BEACH, CA 92660 (949) 526-8460 www.bkf.com 230037_HBPC_07_DET.dwg COPYRIGHT © BKF ENGINEERS 2025 Plot Jun 25, 2025 at 6:39pm
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U. S. A. 9 2 6 6 0

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California
Know what'sbelow.

Call before you dig.

R

C I T Y O F H E R M O S A B E A C H , C A
1 9 0 7N
0'
SCALE: 1" = 10'
5' 10' 20' 40'

CONSTRUCTION LEGEND
4 10' HIGH GREEN VINYL COATED CHAINLINK FENCE - REFER TO DETAIL '1', SHEET LC-4 5 4' HIGH GREEN VINYL COATED CHAINLINK FENCE - REFER TO DETAIL '2', SHEET LC-4 GREEN VINYL COATED CHAINLINK FENCE SINGLE SWING GATE - REFER TO DETAIL 1, SHEET LC-3
6 GREEN VINYL COATED CHAINLINK FENCE DOUBLE SWING GATE - REFER TO DETAIL 1 , SHEET LC-3
7 8
PICKELBALL COURT - REFER TO DETAIL 2, SHEET LC-3.

TENNIS COURT - REFER TO DETAIL 1, SHEET LC-2
BASKETBALL COURT - REFER TO DETAIL 2, SHEET LC-2
RETAINING CURB WITH CHAINLINK FENCE - REFER TO DETAIL '3', SHEET LC-4 - CURB SHALL BE

PAINTED GREEN TO MATCH EXISTING SOUTHERLY WALL, CITY TO PROVIDE GREEN COLOR INFORMATION TYPE AND FINISH. CONTRACTOR SHALL PAINT.
1 2
3 1 1
2 3
3 9 EXISTING CHAINLINK FENCE POST SHALL REMAIN AND BE PROTECTED, POST SHALL BE

PAINTED GREEN, ALL CHAINLINK FABRIC SHALL BE REMOVED AND DISCARDED IN A LEGAL

MANNER, AND NEW GREEN VINYL COATED CHAINLINK FABRIC WITH A WINDSCREEN SHALL BE

INSTALLED

1. CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT FOR THE

INSTALLATION OF ALL IMPROVEMENTS AS SHOWN ON THE DRAWINGS AND AS DESCRIBED IN THE SPECIFICATIONS.

2. CONTRACTOR SHALL REVIEW ALL EXISTING SITE CONDITIONS PRIOR TO SUBMITTING BID AND PRIOR TO COMMENCING INSTALLATION. IF ANY DISCREPANCIES EXIST, THEY SHOULD BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE CITY'S AUTHORIZED REPRESENTATIVE.

3. DEVIATIONS BETWEEN THE DRAWINGS AND ACTUAL FIELD CONDITIONS SHALL BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE CITY'S AUTHORIZED REPRESENTATIVE.

4. COSTS INCURRED DUE TO REPAIR, RESTORATION, OR REPLACEMENT OF EXISTING IMPROVEMENTS WHICH ARE DESIGNATED "TO BE PROTECTED" OR "TO REMAIN" WHICH ARE

DAMAGED AS A RESULT OF CONSTRUCTION OPERATIONS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR.

5. UNLESS DESIGNATED ON THE DRAWINGS OTHERWISE, ALL MATERIALS DESIGNATED FOR REMOVAL SHALL BE DISPOSED OF OFF-SITE.

6. HARDSCAPE AND STRUCTURAL ELEMENTS SHALL BE PLACED PER GEOTECHNICAL SOILS REPORT. IF SUCH REPORT IS UNAVAILABLE, CONTRACTOR SHALL DISCUSS PLACEMENT ON SUITABLE GRADE WITH THE CITY'S AUTHORIZED REPRESENTATIVE.

7. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND STAKING ALL SEWER, WATER AND

UTILITY LINES ABOVE OR BELOW GRADE THAT MIGHT BE DAMAGED AS A RESULT OF CONSTRUCTION OPERATIONS. CONTRACTOR SHALL ASSUME SOLE RESPONSIBILITY FOR ANY

COST INCURRED FOR REPAIR, RESTORATION, OR REPLACEMENT OF AFOREMENTIONED UTILITIES DAMAGED AS A RESULT OF CONSTRUCTION OPERATIONS.

8. ABANDONED PIPES SHALL BE CAPPED OR PLUGGED IN A MANNER APPROVED BY THE CITY'S AUTHORIZED REPRESENTATIVE.

9. CONCRETE INDICATED FOR SAWCUTTING AND REMOVAL SHALL BE CUT TO A TRUE LINE WITH NEATLY SAWED EDGES. IF A SAWCUT IS WITHIN THREE FEET (3') OF AN EXISTING EXPANSION OR CONTROL JOINT, CONCRETE SHALL BE REMOVED TO THAT NEAREST JOINT.

10. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS, MANUFACTURER'S CUT OR DATA SHEETS FOR APPROVAL PRIOR TO ORDERING MATERIALS. CONTRACTOR SHALL FURNISH TO THE CITY'S

AUTHORIZED REPRESENTATIVE A CERTIFICATE OF COMPLIANCE FOR SUCH FURNISHED MATERIALS.

11. UNLESS DESIGNATED ON THE DRAWINGS OTHERWISE, MATERIALS TO BE PURCHASED AND FURNISHED BY THE CONTRACTOR SHALL BE NEW.

12. RECOMMENDATIONS BY A STRUCTURAL ENGINEER SHALL TAKE PRECEDENCE FOR ALL SOIL CONDITIONS, MATERIALS, REINFORCEMENT, DIMENSIONS, AND SUBBASE.

13. ALL GREEN VINYL COATED CHAINLINK FENCE AND GATES SHALL RECEIVE A WINDSCREEN EXCEPT WHERE NOTED ON PLAN.

14. GREEN COLOR PAINT NOTED HEREON
SHALL MATCH RAL # 6005 - MOSS GREEN

CONSTRUCTION NOTES
8 6
6 6
4 7
4 6
14 10
6 10 ELECTRICAL ENCLOSURE SHALL REMAIN AND BE PROTECTED 11 EXISTING LIGHTS - POST WITHIN PLAYING AREAS SHALL RECEIVE A 6 FOOT TALL SAFETY POLE PAD - SKU: SPP 6FT ROUND - AVAILABLE FROM WILLYGOAT OR APPROVED EQUAL. DIAMETER SHALL BE DETERMINED PER FIELD VERIFICATION. COLOR SHALL BE, YELLOW. REFER TO DETAIL 4, SHEET LC-4 FOR SPECIFICATION DETAIL.
12 EXISTING WALL TO REMAIN AND BE PROTECTED, AND TO BE PAINTED WITH A FRESH COAT OF

GREEN PAINT TO MATCH EXISTING - CITY TO PROVIDE GREEN COLOR INFORMATION TYPE AND FINISH. CONTRACTOR SHALL PAINT.
13 BASKETBALL COURT LIMIT OF WORK
14 13
15 LIMIT OF WORK LINE
11 11
11 11
11 11
11 11
6 15

EXISTING GATE SHALL RECEIVE NEW GREEN CHAINLINK VINYL COATED FABRIC AND

WINDSCREEN
14 14
14 12
12 9 9 9
9 9
9 ADA PARKING STALLS - REFER TO CIVIL PLANS
5 9
9 4 NO WINDSCREEN

NEW ADA CONCRETE

PATH AND RAMP PER

CIVIL PLANS

NO WINDSCREEN

NO WINDSCREEN
9 16 PROZONE® FIELD WALL PADDING PROTECTIVE PADDING SHALL BE FURNISHED AND INSTALLED ON EXISTING WALL. INSTALL PER MANUFACTURER RECOMMENDATIONS.

AVAILABLE FROM SPORT SPECIALTIES OR APPROVED EQUAL.
16 16

NEW LIGHTS PER
ELECTRICAL PLAN TYP.

REFER TO

ELECTRICAL
PLAN

REFER TO

ELECTRICAL
PLAN

REFER TO

ELECTRICAL
PLAN
7/23/25 7/23/25

EB xxxx xx xx xx xx xx xx xx xx xx xx xx xx xx
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xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx U. S. A. 9 2 6 6 0

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California
Know what'sbelow.

Call before you dig.

R
TENNIS COURT LAYOUT ENLARGEMENT 1 SCALE: NTSBASKETBALL COURT ENLARGEMENT 2 SCALE: NTS

1. BASKETBALL BACKBOARD, UPRIGHT, RING & NET SHALL BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS.

EQUIPMENT AVAILABLE FROM COAST RECREATION, INC, 714-619-0100 OR AN APPROVED EQUAL

2. CONTRACTOR SHALL USE SPORTMASTER OR APPROVED EQUAL COLOR COATING SYSTEM TO FILL/PATCH CRACKS, RESURFACE, AND PAINT BASKETBALL COURTS.

3. CONTRACTOR SHALL PAINT COURT AS SHOWN USING 'SPORTMASTER' PAINT OR APPROVED EQUAL. COLOR OF PAINT SHALL BE FOREST GREEN AND BLUE. REFER TO PLAN FOR LOCATIONS OF EACH.

4. CONTRACTOR SHALL PAINT LINES WITH 'TEXTURED' WHITE LINE PAINT.

5. PAINTS ARE AVAILABLE FROM SPORT MASTER SPORT SURFACES800-395-7325 OR AN APPROVED EQUAL.

6. CONTRACTOR SHALL PROVIDE COLOR SAMPLES TO ENGINEER FOR REVIEW & APPROVAL PRIOR TO CONSTRUCTION.

ALL WORK PERTAINING TO PAINTING SHALL BE PER MANUFACTURER'S SPECIFICATIONS.

7. ALL EXISTING CONCRETE PAVING SHALL BE RESURFACED AND ALL CRACKS SHALL BE FILLED/PATCHED PER SPECIFICATIONS. NO PAINT SHALL BE ADDED TO EXISTING CONCRETE OUTSIDE OF BASKETBALL PLAYING SURFACE.

BASKETBALL PLAYING SURFACE SHALL RECEIVE PAINT PER PLAN.

8. EXISTING COURT PAINT AND STRIPING SHALL BE STRIPPED WITH A SANDING/GRINDING OR HYDROBLASTING METHOD.

9. DIMENSIONS AND COLOR NOTED ON EACH COURT ARE A MIRROR IMAGE OF EACH OTHER .

10. EQ. DENOTES EQUAL. CL DENOTES CENTER LINE. TYP DENOTES TYPICAL

11. COURTS ARE DRAWN TO BE HIGH SCHOOL STANDARD, IF ANY DISCREPANCIES SHOULD ARISE, FOLLOW HIGH SCHOOL BASKETBALL STANDARDS DIMENSIONS.

12. EXISTING BACKBOARD UPRIGHTS AND FOOTINGS SHALL BE REMOVED AS PART OF THE DEMOLITION PROCESS.

CONTRACTOR SHALL BACKFILL AND COMPACT THE VOID TO 95% WITH STRUCTURAL SOIL AND FINISH TO SURFACE PER DETAIL 2, SHEET C-7.2.

13. CONTRACTOR SHALL PROVIDED LAYOUT DIMENSIONS TO CITY ENGINEER FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION.

CONCRETE PAVING PAINT COLOR SHALL BE: FOREST GREEN
CONCRETE PAVING PAINT COLOR SHALL BE: BLUE

EXISTING CONCRETE PAVING- REFER TO NOTES
PROPOSED 10' HIGH CHAINLINK FENCE - REFER TO DETAIL '1', SHEET LC-4
FENCE PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1.

BISON, BASKETBALL PACKAGE MODEL# PR75 OR APPROVED

EQUAL, INSTALL PER MANUFACTURER SPECS, DETAIL, AND
GUILDLINES. PACKAGE INCLUDES POLE, BACKBOARD, RIM.

BASKETBALL NET SHALL BE MODEL BA 50, PREMIUM STEEL
PLAYGROUND SAFETY NET. POLE SHALL RECEIVE POLE
PADDING MODEL # BA700PP COLOR SHALL BE DETERMINED BY
CITY REPRESENTATIVE.
'TEXTURED' WHITE LINE PAINT REFER TO NOTES AND

SPECIFICATIONS
NOTES: 1
2 3
4 5
6 7
8 9 GATE PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1.
4 1
3 3
2 3 3
2 6
2 2
3 4
℄
CONCRETE PAVING PAINT COLOR SHALL BE: FOREST GREEN
CONCRETE PAVING PAINT COLOR SHALL BE: BLUE

EXISTING CONCRETE PAVING- REFER TO NOTES
PROPOSED 10' HIGH CHAINLINK FENCE - REFER TO DETAIL '1', SHEET LC-4 PROPOSED CHAINLINK FENCE SINGLE GATE - REFER TO DETAIL '1', SHEET LC-3 BISON MODEL # TN10 - TENNIS SYSTEM - INCLUDES NET, POSTS, CENTER

STRAP AND ANCHOR INSTALL PER MANUFACTURER DETAILS
'TEXTURED' WHITE LINE PAINT- REFER TO TENNIS COURT PLAYING LINE

LAYOUT PLAN BELOW
1 2
3 4
5 6
7 8
9 10
NOTES:

1. CONCRETE COLOR SHALL BE AS NOTED.

2. TENNIS POST, NET, AND CENTER STRAP ANCHOR SHALL BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS.

2. CONTRACTOR SHALL USE SPORTMASTER OR APPROVED EQUAL COLOR COATING SYSTEM TO FILL/PATCH CRACKS, RESURFACE, AND PAINT TENNIS COURTS.

3. CONTRACTOR SHALL PAINT COURT AS SHOWN USING 'SPORTMASTER' PAINT OR APPROVED EQUAL. COLOR OF PAINT SHALL BE FOREST GREEN AND BLUE. REFER TO PLAN FOR LOCATIONS OF EACH.

4. CONTRACTOR SHALL PAINT LINES WITH 'TEXTURED' WHITE LINE PAINT.

5. PAINTS ARE AVAILABLE FROM SPORT MASTER SPORT SURFACES 800-395-7325 OR AN APPROVED EQUAL.

6. CONTRACTOR SHALL PROVIDE COLOR SAMPLES TO ENGINEER FOR REVIEW & APPROVAL PRIOR TO CONSTRUCTION. ALL WORK PERTAINING TO PAINTING SHALL BE PER MANUFACTURER'S SPECIFICATIONS.

7. EXISTING COURT PAINT AND STRIPING SHALL BE STRIPPED WITH A SANDING/GRINDING OR HYDROBLASTING METHOD.

8. TENNIS COURT SHALL BE CONSTRUCTED FOR A DOUBLES AND SINGLES COURT.

9. EXISTING TENNIS COURT POST, ANCHORS AND FOOTINGS SHALL BE REMOVED AS PART OF THE DEMOLITION PROCESS. CONTRACTOR SHALL BACKFILL AND COMPACT THE VOID TO 95% WITH STRUCTURAL SOIL AND FINISH TO SURFACE PER DETAIL 2, SHEET C-7.2.

10. CONTRACTOR SHALL PROVIDED LAYOUT DIMENSIONS TO CITY AUTHORIZED REPRESENTATIVE FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. 11 CHAINLINK FENCE AND WALL PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1. 6 8
7 8
10 12
11 13
3 2
4 4
1 12
5 5
12 PROPOSED CHAINLINK FENCE DOUBLE GATE - REFER TO DETAIL '1', SHEET LC-3 CHAINLINK FENCE PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1. 13 GATE PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1.

LIGHT POLES SHALL REMAIN AND BE PROTECTED. ALL LIGHT POLES WITHIN THE

BASKETBALL AREA SHALL RECEIVE A PROTECTIVE PAD PER LANDSCAPE CONSTRUCTION PLAN SHEET LC-1.
3 4
10 EXPANSION JOINT PER CIVIL PLANS
9 9
8 8
8 8
8 9
9 LIGHT POLES SHALL REMAIN AND BE PROTECTED. ALL LIGHT

POLES WITHIN THE BASKETBALL AREA SHALL RECEIVE A

PROTECTIVE PAD PER LANDSCAPE CONSTRUCTION PLAN
SHEET LC-1.
10 7
7 7
7 4 4
℄
14 REFERENCE LINE ONLY- COURT PLAY AREAS
14 14
14 14
1 1
1 C I T Y O F H E R M O S A B E A C

A C , H
1 9 0 7N
5 6
6 TYP.

TYP.

TYP.

TYP.

TYP.

TYP.

TYP.
9 TYP. TYP.

TYP.

TYP.

TYP.

TYP.

TYP.
℄
9 ELECTRICAL CABINET TO REMAIN AND BE PROTECTED
7/23/25 7/23/25

xx xx xx xx xx xx xx xx xx xx
U. S. A. 9 2 6 6 0

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California
Know what'sbelow.

Call before you dig.

R

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

A C , H
1 9 0 7N
PICKLEBALL COURT 2 SCALE: NTS
CONCRETE PAVING PAINT COLOR SHALL BE: FOREST GREEN
CONCRETE PAVING PAINT COLOR SHALL BE: BLUE

EXISTING CONCRETE PAVING- REFER TO NOTES

REFERENCE LINE ONLY- COURT PLAY AREAS
10 FT HIGH CHAINLINK FENCE - REFER TO DETAIL '1', SHEET LC-4 CHAINLINK FENCE GATE SINGLE PEDESTRIAN - REFER TO DETAIL '1', THIS SHEET BISON MODEL # PK10XL - PICKLEBALL SYSTEM - INCLUDES NET,

POSTS, CENTER STRAP AND ANCHOR
'TEXTURED' WHITE LINE PAINT
1 2
3 4
5 6
7 8
9 10 CHAINLINK FENCE ON RETAINING CURB - REFER TO DETAIL '3', SHEET LC-4 4 FT HIGH CHAINLINK FENCE - REFER TO DETAIL '2', SHEET LC-4 NOTES:

1. CONCRETE COLOR SHALL BE AS NOTED.

2. PICKLEBALL POST, NET, AND CENTER STRAP ANCHOR SHALL BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS.

3. CONTRACTOR SHALL USE SPORTMASTER OR APPROVED EQUAL, COLOR COATING SYSTEM TO FILL/PATCH CRACKS, RESURFACE, AND PAINT PICKLEBALL COURTS.

4. CONTRACTOR SHALL PAINT COURT AS SHOWN USING 'SPORTMASTER' PAINT OR APPROVED EQUAL. COLOR OF PAINT SHALL BE FOREST GREEN AND BLUE. REFER TO PLAN FOR LOCATIONS OF EACH.

5. CONTRACTOR SHALL PAINT LINES WITH 'TEXTURED' WHITE LINE PAINT.

6. PAINTS ARE AVAILABLE FROM SPORT MASTER SPORT SURFACES 800-395-7325 OR AN APPROVED EQUAL.

7. CONTRACTOR SHALL PROVIDE COLOR SAMPLES TO ENGINEER FOR REVIEW & APPROVAL PRIOR TO CONSTRUCTION. ALL WORK PERTAINING TO PAINTING SHALL BE PER MANUFACTURER'S SPECIFICATIONS.

8. CONTRACTOR TO REPLACE/FILL CONCRETE HOLES FROM DEMOLISHED POLES AND CENTER ANCHOR AND TREAT PER SPORTMASTER SPECIFICATIONS.

9. EXISTING COURT PAINT AND STRIPING SHALL BE STRIPPED WITH A SANDING/GRINDING OR HYDROBLASTING METHOD.

10. REFER TO CONSTRUCTION PLAN FOR DIRECTION PERTAINING TO FENCE AND GATES

11. EXISTING PICKLEBALL COURT POST, ANCHORS AND FOOTINGS SHALL BE REMOVED AS PART OF THE DEMOLITION PROCESS. CONTRACTOR SHALL BACKFILL AND COMPACT THE VOID TO 95% WITH STRUCTURAL SOIL AND FINISH TO SURFACE PER DETAIL 2, SHEET C-7.2 AND SHEET C-7.2.

12. CONTRACTOR SHALL PROVIDE LAYOUT DIMENSIONS TO CITY ENGINEER FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION.

13. EXCEPT WHERE NOTED OTHERWISE, ALL 10' HIGH FENCE SHALL RECEIVE A WINDSCREEN. 5 8
1 6
6 3
2 4
4 7
10 9
7 CHAINLINK FENCE AND WALL PER LANDSCAPE CONSTRUCTION
PLAN SHEET LC-1.
11 11
9 ℄

MINIMUM
MINIMUM 10'-0" 6'-8" EQ. 2" CLR
18"
NOTES:

3. 2.

1. 5' 3"
18" 5' 3"
10 9
8 7
4'-0" EQ.
4 6
5 3
2 8
LEGEND:
1 POSTS: POSTS 3-1/2 IN. O.D. WITH 18 IN. DIA.

X 5 FT. FOOTINGS. HEIGHT OF POST VARIES
PER CONSTRUCTION AND STAKING PLAN.

POST SHALL BE PAINTED GREEN PER

CONSTRUCTION NOTES
GATE FRAMES: TOP, BOTTOM, AND SIDE
MEMBERS 2- 3/8 IN. O.D., MID RAIL 1-5/8" O.D.

MITER GATE FRAME CORNERS WELD AND
GRIND SMOOTH.

FABRIC: 6 GAUGE, 2 IN. MESH, GREEN VINYL

COATED, KNUCKLE TOP AND BOTTOM
HINGES: INDUSTRIAL BULLDOG HINGE
(180°SWING), 2 HINGES PER GATE, ONE AT

TOP AND BOTTOM FOR SINGLE PEDESTRIAN
AND 4 HINGES PER GATE, EQUALLY SPACED
FOR DOUBLE VEHICULAR.

STRETCHER BAR: 3/16 X 3/4 IN. WITH
1/8 X 1 IN. TENSION BANDS AT 12" O.C.

TIE WIRES: 11 GAUGE AT 1'-6" O.C. AT

GATE FRAME TOP, BOTTOM AND MID
RAILS

POST CAPS SHALL BE MALLEABLE
IRON OR PRESSED STEEL.

CAST ALUMINUM FORK WITH
LOCKABLE LATCH.

FINISH SURFACE OR GRADE PER

CONSTRUCTION AND LAYOUT PLANS
AND CIVIL PLANS.

CONTRACTOR SHALL PURCHASE, SUPPLY, AND PROVIDE MASTERLOCK, CHAIN AND KEYS TO ENGINEER FOR EACH SET OF GATES. LOCKS SHALL BE KEYED FOR SAME KEY.

DOUBLE VEHICULAR GATES SHALL RECEIVE A 5/8" DIA. GALVANIZED DROP ROD WITH 3/4" DIA. SCH. 40 GALVANIZED STEEL SLEEVE CENTERED BETWEEN GATES. SLEEVE SHALL BE SET INTO 6" SQUARE X 12" DEEP CONCRETE FOOTING FOR ROD. 5' 3" 5' 3" 18" 2" CLR
18"

SINGLE PEDESTRIAN GATE

DOUBLE VEHICULAR GATE
TRUSS ROD: 3/8 IN DIA.

THREADED AT BOTH ENDS

AND TENSIONED WITH TWO
AT 1'-0" O.C. INDUSTRIAL

TRUSS TIGHTENERS
SECURED TO GATE FRAME.
11 UNDISTURBED NATIVE GRADE OR

CERTIFIED COMPACTED SUBGRADE
TO 95% COMPACTION.
1 1
2 4 3
5 6
7 9
10 11

CHAIN LINK FENCE MATERIALS SHALL CONFORM TO THE CHAINLINK FENCING SECTION OF SPECIFICATIONS.

4. ALL METAL HARDWARE SHALL BE GALVANIZED.
8 CONCRETE FOOTINGS SHALL BE ALLOWED TO SET FOR SEVEN DAYS PRIOR TO INSTALLATION OF GATES.

5. 5"-0" 5"-0"

REFER TO SINGLE GATE

ABOVE AND NOTES HEREON
FOR MATERIALS 10'-0" 6'-8" EQ. EQ.
8' TALL, OPEN MESH WINDSCREEN, 600 SERIES,SHALL BE ATTACHED TO THE INSIDE

FACE OF CHAIN LINK FENCE FABRIC PER MANUFACTURER DETAILS AND SPECIFICATIONS. COLOR SHALL BE GREEN. SCREEN IS AVAILIABLE FROM FENCE SCREEN AT 808-511-9795, OR AN APPROVED EQUAL.

6. CHAINLINK GATES

SINGLE AND DOUBLE
1 SCALE: NTS
℄
5 5 5
5 5
7 4' DIMENSION

DENOTES OPEN

GAP BETWEEN

COURTS, BOTH
SIDE

FACE OF CURB

REFERENCE FROM FENCE LINE ALIGN ALIGN

NO WINDSCREEN

NO WINDSCREEN
10 7/23/25
7/23/25

7.23.2025

U. S. A. 9 2 6 6 0

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1

NEWPORT BEACH, CA
20250 SW ACACIA ST, STE 260
P H : 7 1 4 . 7 5 4 . 7 3 1 1
U. S. A. 9 2 6 6 0
Underground Service Alert
of Southern California
Know what'sbelow.

Call before you dig.

R

GENERAL CONSTRUCTION DETAIL NOTES

1. THE FOLLOWING NOTES APPLY TO ALL DETAILS AS SHOWN IN THIS SET OF DOCUMENTS, UNLESS OTHERWISE NOTED.

2. FOR ADDITIONAL INFORMATION REFER TO CONSTRUCTION AND GRADING NOTES.

3. REFER TO CONSTRUCTION LEGEND FOR INFORMATION RELATIVE TO COLOR, TYPE AND FINISH.

4. UNLESS OTHERWISE NOTED, NEW FINISH SURFACE SHALL BE FLUSH WITH ADJACENT EXISTING SURFACES.

5. FINISH GRADE: 1" BELOW FINISH SURFACE ADJACENT TO TURF AND 2" BELOW ADJACENT TO NON-TURF AREAS.

6. FINAL LOCATION OF CONSTRUCTION ELEMENTS, DRAINAGE DEVICES, SITE

AMENITIES, IRRIGATION EQUIPMENT, AND PLANT MATERIAL MAY REQUIRE

ADJUSTMENT DUE TO FIELD CONDITIONS AND SHALL BE APPROVED PRIOR TO CONSTRUCTION.

7. CONTRACTOR SHALL VERIFY ALL MATCHING MATERIALS AND COLORS PRIOR TO PURCHASE AND INSTALLATION. CONTRACTOR SHALL NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO INSTALLATION.
10 FT CHAINLINK FENCE
SCALE: NTS
4 FT CHAINLINK FENCE
SCALE: NTS 4'
1 2

RETAINING CURB WITH FENCE
SCALE: NTS

FENCE POST AND FABRIC
PER DETAIL '1', THIS SHEET
1 2
3 RETAINING CURB PER

CIVIL DRAWINGS

FENCE POST CONCRETE

FOOTING
1 2
3 4 GALVANIZED STEEL

SLEEVE WITH POR-ROK

BACKFILL
4 3

CONCRETE PAVING

EXISTING COURT

SURFACE
6 FT SAFETY POLE PAD 4 SCALE: NTS

1. COLOR SHALL BE
YELLOW.

2. DIAMETER SHALL

BE DETERMINED

BY SIZE OF POLE

PER FIELD
VERIFICATION.

NOTE

1. REFER TO THE CONSTRUCTION PLAN FOR FENCE LOCATIONS,
LOCATIONS OF WINDSCREEN, AND ADDITIONAL INFORMATION.

2. PROVIDE KNUCKLE FINISH AT TOP AND BOTTOM OF CHAINLINK FENCE.

3. ALL POST SHALL BE PAINTED GREEN PER CONSTRUCTION NOTES.

NOTE

1. REFER TO THE CONSTRUCTION PLAN FOR FENCE LOCATIONS, LOCATIONS OF WINDSCREEN, AND ADDITIONAL INFORMATION.

2. PROVIDE KNUCKLE FINISH AT TOP AND BOTTOM OF CHAINLINK FENCE.

3. ALL POST SHALL BE PAINTED GREEN PER CONSTRUCTION NOTES 5' O.C MAX, SPACE EQUALLY 5' O.C MAX, SPACE EQUALLY
10' O.C MAX, SPACE EQUALLY 10' O.C MAX, SPACE EQUALLY

GREEN VINYL
CHAINLINK (2" MESH)

WITH WINDSCREEN

GREEN VINYL CHAINLINK
(2" MESH) - NO WINDSCREEN
DIA. TYP.
7/23/25 7/23/25

7.23.2025

EB xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx
xx xx xx xx xx xx xx xx
xx xx xx xx xx xx xx xxxx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx
xx
xx xx xx xx xx xx xx xx xx xx xx xx xx
xx xx xx xx xx
xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx xx Underground Service Alert of Southern California Know what'sbelow. Call before you dig. R C I T Y O F H E R M O S A B E A C H , C A 1 9 0 7N 0' SCALE: 1" = 10' 5' 10' 20' 40'

LIMIT OF WORK LINE
7/23/25
7/23/25

Underground Service Alert of Southern California Know what'sbelow. Call before you dig. R 7/23/25 7/23/25

Underground Service Alert of Southern California Know what'sbelow. Call before you dig. R 7/23/25
7/23/25

7.23.2025

Underground Service Alert of Southern California Know what'sbelow. Call before you dig. R 7/23/25 7/23/25

7.23.2025

Underground Service Alert of Southern California Know what'sbelow. Call before you dig. R 7/23/25 7/23/25

7.23.2025

1 CITY OF HERMOSA BEACH CONTRACT

DOCUMENTS AND SPECIFICATIONS FOR
CIP No. 619
Kelly Courts Renovations
July 2025

2 City of Hermosa Beach

NOTICE INVITING BIDS
Notice is hereby given that the City of Hermosa Beach will receive electronic bids until 2:00 PM on Thursday, August 28, 2025, at which time the electronic bids will be publicly opened at the City Council Chambers at 1315 Valley Drive, Hermosa Beach, CA 90254 and posted on Planet Bids for CIP No. 619 Kelly Courts Renovations.

A pre-bid meeting will be held at 11:00 AM on Tuesday, August 12, 2025; at the Kelly Courts at 861 Valley Drive, Hermosa Beach, CA 90254. The City will respond to questions from prospective Bidders at that time.

The project includes, but is not limited to, renovating the existing pickleball, tennis and basketball courts, collectively identified as Kelly Courts. The project involves demolishing and replacing existing structures such as perimeter walls, fencing, lighting, court surfaces, and play equipment. New construction will include curb walls, concrete slabs, sidewalks, asphalt pavement, court resurfacing, and the installation of modern fencing, lighting, electrical systems, and play equipment; and other related work to complete the work per project’s plans and specifications at the Kelly Courts, located at 861 Valley Drive, Hermosa Beach, CA 90254.

The engineer’s cost estimate for the project is $795,155. License requirement is a valid State of California Contractors License Class “A” license.

The duration of the project is 40 working days. All bids must be submitted electronically on Planet Bids Portal, accessible through the City’s webpage at https://www.hermosabeach.gov/our-government/city-clerk/bids-and-proposals where you must first register as a vendor through our Planet Bids Portal. Contract Documents, plans, and specifications will be available for review on Planet Bids. All relevant materials shall be obtained from the link above.

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

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

The Contractor must be registered with the Department of Industrial Relations at the time of bid. Contractor’s registration information is available at:
https://www.dir.ca.gov/Public-Works/Contractor-Registration.html

3 The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsive and responsible Bidder.

Please submit any questions related to this bid on Planet Bids portal no later than 2:00PM on Friday, August 15, 2025.

4 TABLE OF CONTENTS

CIP NO. 619 Kelly Courts Renovations
I. PROJECT DESCRIPTION AND UNDERSTANDING .................................................................................. 5 II. NOTICE TO BIDDERS .................................................................................................................................. 6 III. INSTRUCTION TO BIDDERS ..................................................................................................................... 8 IV. BID DOCUMENTS ...................................................................................................................................... 17 A. PROPOSAL ............................................................................................................................... 17 B. BID PROPOSAL ....................................................................................................................... 18 C. BID BOND ................................................................................................................................. 22 D. BIDDER'S ASSURANCE ......................................................................................................... 25 E. BIDDER'S DECLARATION ..................................................................................................... 26 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS ................................... 28 G. CERTIFICATION OF PRINCIPAL ........................................................................................ 29 H. DECLARATION OF ELIGIBILITY TO CONTRACT ........................................................... 30 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 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” – SHEDULE OF PERFORMSNCE ………………………………………………. SP-33 EXHIBIT “B”- SOLID WASTE REPORTING……………………………………………………. SP-34 EXHIBIT “C”- CONSTRUCTION NOTICE TEMPLATE………………………………………..SP-36 EXHIBIT “D”- HAUL ROUTES…………………………………………………………………….SP-37

5 City of Hermosa Beach
CIP NO. 619 KELLY COURTS RENOVATIONS
I. PROJECT DESCRIPTION AND UNDERSTANDING
The City of Hermosa Beach is seeking proposals to renovate the existing pickleball, tennis and basketball courts, collectively identified as Kelly Courts. Work generally consists of demolishing existing perimeter curb wall and foundation, removal of existing fence posts, fabric and windscreen material and gates, demolishing existing concrete improvements, removal of existing light poles and fixtures, removal of existing play fields posts, backboards, hoops and nets, removal of existing court surface material, construction of new curb wall with fence, installing new fence posts, vinyl-coated fabric, windscreen and gates, construction of new concrete slab, construction of new sidewalk and other concrete improvements, reconstruction of asphalt concrete pavement, installation of pavement striping, markings and new signs, installation of new light poles and fixtures, installation of new electrical conduits and conductors, resurfacing of courts and installation of new play courts’ posts, nets, backboards and hoops, and completion of other related and necessary work to complete the work per project’s plans and specifications. The project is scheduled to have a time frame of forty (40) working days for completion of work.

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

Pre-bid Meeting: A pre-bid meeting will be held at 11:00 AM on Tuesday , August 12, 2025; at the Kelly Courts at 861 Valley Drive, Hermosa Beach, CA 90254. The City will respond to questions from prospective Bidders at that time.

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

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

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

Questions: All questions regarding this bid shall be submitted through Planet Bids no later than 2:00 PM on Friday, August 15, 2025. Proposers shall not contact City personnel or Elected Officials with any questions or clarifications concerning this Invitation for Bids other than through Planet Bids. Any City response for this Bid that is not posted through Planet Bids is unauthorized and will be considered invalid.

Submittal of Bids: Electronic bids shall be submitted through Planet Bids until 2:00 PM on Thursday, August 28, 2025; at which time they will be publicly opened and read in the City Council Chambers at 1315 Valley Drive, Hermosa Beach, CA. All bids shall be valid for a period of 90 calendar days after the bid opening date.

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

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

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

Contractor License: In accordance with provisions of Section 3300 of the California Public Contract Code, City of Hermosa Beach has determined that the Contractor shall possess a valid “A” California Contractor’s License.

Failure to possess such license may render the bid as non-responsive and bar the award of the Contract to that non-responsive Bidder.

Prevailing Wages: Pursuant to Labor Code Section 1773, the 14Contractor shall pay the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Los Angeles County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this Contract. A copy of these prevailing wage rates may be obtained by visiting:
https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory for the Bidder to whom the Contract is awarded, and for any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor, and debarment of Contractors and subcontractors.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15 with or without further review.

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

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

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

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

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

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

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

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

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

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

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

17 IV. BID DOCUMENTS
A. PROPOSAL
CIP NO. 619 Kelly Courts Renovations
CONTRACTOR: Date: ___________________
TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:

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

CIP NO. 619 Kelly Courts Renovations
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.

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

All work shall be completed within forty (40) working days from the date the Notice to Proceed is issued by the Engineer.

Contractor Signature PWCR Registration Number

18 B. BID PROPOSAL
CIP NO. 619 Kelly Courts Renovations
Item
No.

Estimated
Quantity
Unit Description of Work Unit
Price Total
1 1 LS
General conditions including
Mobilization and Demobilization
(5% max. of total bid proposal
cost)
$
2 1 LS Erosion and sediment control $
3 1 LS
Clearing, grubbing, and
demolition. Includes the
removal of court paint and
concrete footings
$
4 1 LS Temporary construction fence $
5 1 LS Grading $
6 1 LS Existing utilities- protect inplace $
7 480 LF Sawcut existing PCC pavement $
8 205 SY Cold Mill 2” existing asphalt $
9 23 TN Overlay 2” asphalt concrete $
10 25 LF Construction of 6” PCC
retaining curb- paint green $
11 100 LF Construction of 8” PCC
retaining curb- paint green $
12 121 LF Construction of PCC curb and
gutter $
13 1 LS Relocate existing water valves
and fixtures $
14 1 LS Painting of existing block wall
green
$
15 580 SF Construction of PPC concrete
slab extension $
16 668 SF Construction of new 4’ thick
PCC sidewalk $
17 1 EA Install detectable warning panel $

19 Item
No.

Estimated
Quantity
Unit Description of Work Unit
Price Total
18 280 LF
Install new 10’ high green
colored vinyl-coated fence with
green windscreen
$
19 125 LF
Install new 10’ high green
colored vinyl-coated fence
without windscreen
$
20 51 LF
Install new 4’ high green colored
vinyl-coated fence without
windscreen
$
21 545 LF
Install new 10’ high green
colored vinyl-coated fence fabric
with green windscreen
$
22 5 EA
Install new green colored vinylcoated single gate with green windscreen
$
23 1 EA
Install new green colored vinylcoated single gate without windscreen
$
24 1 EA
Install new green colored vinylcoated double gate with green windscreen
$
25 1 EA
Install green colored vinylcoated fabric, painted posts, and green windscreen for existing
double gate
$
26 3 EA
Install green colored vinylcoated fabric, painted posts, and green windscreen for existing
single gates
$
27 8 EA Install light pole padding $
28 120 LF Install wall safety padding $
29 1 LS Paint and refurbish pickleball
courts $
30 1 LS Paint and refurbish tennis court $
31 1 LS Paint and refurbish basketball
courts $
32 1 LS Install Pavement Striping and
markings (parking lot) $
33 2 EA Install signage – including
posts and hardware (parking lot) $
34 1 LS Install new Musco light poles
and luminaires $

20 (Total Bid in Figures)
______ _____________
(Total Bid in Words)
_______ _____________
Item
No.

Estimated
Quantity
Unit Description of Work Unit
Price Total
35 1 LS
Install site electrical
conduits/conductors includes
trenching, installation of pull
boxes, tie- in and installation of
time clocks.
$
36 4 SETS Install pickleball court posts, net,
straps and anchor $
37 1 SET Install tennis court posts, net,
straps and anchor $
38 4 SETS
Install four (4) basketball
uprights, backboards, nets, rings
and paddings
$
39 1 LS Modify existing irrigation $
40 1 LS Modify existing turf, soil prep,
and planting of sod $
41 1 LS 90-Day plant establishment and
post installation maintenance $

21 Contractor Name: ______
(Total Bid in Figures)
(Total Bid in Words)
Contractor Name: ______
In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the Bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a Bidder's bond in the amount of _________________________________________Dollars, said amount being not less than ten (10) percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

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

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

WHEREAS, ________________________________, (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach and said work being: CIP NO. 619 Kelly Courts Renovations as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.

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

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

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

Principal
By

Title

23 Surety
By

Title

24 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

25 D. BIDDER'S ASSURANCE
CIP NO. 619 Kelly Courts Renovations
FROM:

Name of Bidder:

Business Address:

Telephone No:

TO:

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

Pursuant to your published Notice Inviting Bids for: CIP NO. 619 Kelly Courts Renovations
The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule.

BY: TITLE:

26 E. BIDDER'S DECLARATION
CIP NO. 619 Kelly Courts Renovations
It is understood and agreed that:

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

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

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

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

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

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

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

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

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

27 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.

28 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP NO. 619 Kelly Courts Renovations
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

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

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

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

FIRM

TITLE OF PERSON SIGNING

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

29 G. CERTIFICATION OF PRINCIPAL
CIP NO. 619 Kelly Courts Renovations
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.)
Signature:

Name:

Title:

Name of Company:

30 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP NO. 619 Kelly Courts Renovations
The undersigned, a duly authorized representative of the Contractor, certifies and declares that:

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

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

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

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

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

Signature:

Name:

Title:

Name of Company:

31 I. NON-COLLUSION DECLARATION
CIP NO. 619 Kelly Courts Renovations
The undersigned declares:

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

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

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

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

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

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP

32 J. REFERENCES OF WORK
CIP NO. 619 Kelly Courts Renovations
Date: ________________
The following are the names, addresses and phone numbers/ email addresses for at least three public agencies for which Bidder has performed similar work within the past five years.

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

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.

34 K. SUBCONTRACTORS LIST
CIP NO. 619 Kelly Courts Renovations
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each Bidder shall set forth below: (a) the name and location of the place of business, (b) the California Contractor license number, (c) the DIR public works Contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.

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

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

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

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

Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work

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

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)

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.

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.”

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

40 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: __________________________________________________

41 V. CONTRACT DOCUMENTS
CIP NO. 619 Kelly Courts Renovations

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. 619 Kelly Courts Renovations (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On [INSERT DATE], City’s City Council declared CONTRACTOR to be the lowest responsible Bidder and accepted the bid of CONTRACTOR; and
C. The City Council has authorized the Mayor to execute a written Contract with CONTRACTOR for furnishing labor, equipment, and material for the CIP No. CIP NO. 619 Kelly Courts Renovations in the City of Hermosa Beach.

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

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP NO. 619 Kelly Courts Renovations in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated [INSERT DATE], (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.

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

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

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 [INSERT VALUE] working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the Contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the Contract time.

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

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

7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.

Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

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.

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

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

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

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

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

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

9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all Contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial

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

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

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

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

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

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

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

13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and

47 subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

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

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

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

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

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

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

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

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

17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors. a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence.

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this

49 project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
iv. 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

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

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

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

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

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

20. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent Contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set

52 forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

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

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

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

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

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

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

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

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

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

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

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

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

Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily

54 limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such Contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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

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

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

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

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

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

If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the

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

Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR.

If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.

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

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

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

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

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

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

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

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

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

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

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

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

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

57 against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first.

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

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

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

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

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

27. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

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

29. FORCE MAJEURE. If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as provided in the Contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the Contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

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

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

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

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

State of California
CONTRACTOR'S License No. __

59 CONTRACTOR

_________________ By: ____________________________________________ Date TITLE

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

ATTEST:

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

CITY ATTORNEY
__________________
Date

60 B. AGREEMENT OF INDEMNIFICATION

AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION CIP NO. 619 Kelly Courts Renovations
Contract/Agreement/License/Permit No. or description:

Indemnitor(s) (list all names):

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

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

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

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

61 C. EQUALS
CIP NO. 619 Kelly Courts Renovations
The undersigned desires to use the material, product, thing, or service described below, as “an equal” to such item as specified.

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

1. 2.

3.

62 D. FAITHFUL PERFORMANCE BOND
CIP NO. 619 Kelly Courts Renovations
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

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

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

63 Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible Bidder, arrange for a Contract between such Bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any Contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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

Contractor/ Principal
By
Title

Surety
By
Attorney-in-Fact
Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)