Hermosa Beach City Council
October 28, 2025

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Termination for Cause. Either Party may terminate this Agreement upon thirty (30) days’ written notice if the other Party materially breaches this Agreement and fails to cure such breach within that thirty-day period after written notice.

6.1.1.Other Termination Events. Either Party may terminate this Agreement immediately if the other Party (i) makes a general assignment for the benefit of creditors, (ii) is adjudicated as bankrupt or insolvent, or (iii) commences a case under applicable bankruptcy laws.

6.2. Effect of Termination. Upon expiration or termination of this Agreement, City’s City-Staff Users’ right to access and use the Rec Platform will immediately terminate, City will immediately cease all use of the Rec Platform, and each Party will return or destroy and make no further use of any Confidential Information, materials, or other items (and all copies thereof) belonging to the other Party. Rec may destroy or otherwise dispose of any Customer Data in its possession unless Rec receives, no later than 10 days after the effective date of the expiration or termination of this Agreement, a written request that Rec continue to allow City access to Customer Data within the Rec Platform for a period of up to 30 days. Upon such request, Rec will use reasonable efforts to permit such access.

6.3. Survival. The rights and obligations of Rec and City contained in Sections 1 (Definitions), 2.1.2 (Restrictions), 3 (Fees), 4 (Proprietary Rights), 5 (Confidentiality and Security), but only with respect to Confidential Information disclosed during the Term, 6.3 (Effect of Termination), 7.3 (Disclaimer of Warranties), 8 (Indemnification), 9 (Limitation of Liability), and 10 (Miscellaneous Provisions) survive any expiration or termination of this Agreement.

7. Warranties.

7.1. Authority. Each Party represents to the other that it is a valid legal entity and is in good standing or validly existing under the laws of the state of its formation and residence. Each Party represents that it has all the requisite legal power and authority to execute, deliver and perform its obligations under the Agreement; that the execution, delivery and performance of the Agreement has been duly authorized; that the Agreement is enforceable in accordance with its terms; and that no approval, authorization or consent of any governmental or regulatory authorities is required to be obtained or made in order for it to enter into and perform its obligations under the Agreement.

7.2. Limited Warranty. Rec warrants that, during the Term, (i) the Rec Platform will perform materially in accordance with the terms of this Agreement and applicable Documentation and that Rec will not materially decrease the functionality of the Rec Platform and (ii) any professional, marketing or other similar Services provided by Rec hereunder will be performed in a professional and workmanlike manner. In the event of a breach of the foregoing warranty, City’s exclusive remedy shall be to request Rec assistance, correction, and re-performance through Rec’s support programs available to City under this Agreement. The foregoing limited warranty does not apply to access to beta or pre-release versions of the Rec Platform or access otherwise provided free of charge by Rec.

7.3. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED PERFORMANCE

WARRANTY STATED ABOVE, REC AND ITS AFFILIATES AND SUPPLIERS DO NOT REPRESENT THAT CUSTOMER’S USE OF THE SERVICES WILL BE SECURE, TIMELY,

UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES OR

DOCUMENTATION WILL BE CORRECTED OR THAT THE OVERALL SYSTEM THAT

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MAKES THE SERVICES AVAILABLE (INCLUDING BUT NOT LIMITED TO THE INTERNET, OTHER TRANSMISSION NETWORKS, AND CUSTOMER’S LOCAL

NETWORK AND EQUIPMENT) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE STATED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY ANY PARTY OR THIRD PARTY. THERE ARE NO OTHER

WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT

LIMITATION, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY MADE ABOVE, THE SERVICE IS PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS.

CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE

SERVICES OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES.

8. Indemnification.

8.1. Indemnification by Rec. Rec will defend City against any third-party claim, suit, or proceeding alleging that the Rec Platform infringes or misappropriates such third party’s intellectualproperty rights, and will pay any damages and costs finally awarded against City as a result of such claim or any settlement approved by Rec. By City. City will defend, indemnify, and hold harmless Rec from and against any third-party claim, demand, cause of action, or proceeding arising out of or related to City’s ownership, operation, or management of its facilities, programs, or personnel, except to the extent caused by Rec’s gross negligence or willful misconduct.

8.2. Limitation. Except for the obligations in Section 8.1, neither Party shall be liable to the other for any indirect, incidental, consequential, or punitive damages, and each Party’s aggregate liability is limited as provided in Section 9 (Limitation of Liability

9. Limitation of Liability.

9.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REC (INCLUDING ITS SUBSIDIARIES AND OTHER AFFILIATES) OR ITS OR THEIR

OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY

INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL

DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,

REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY

THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT,

WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE MAXIMUM

LIABILITY OF REC (INCLUDING ITS SUBSIDIARIES AND OTHER AFFILIATES) AND

ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS,

RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT PAID BY CITY DURING THE 12-MONTH PERIOD OCCURRING IMMEDIATELY PRIOR TO THE EVENT

GIVING RIGHT TO LIABILITY OR IN CASES WHERE INSURANCE IS PRESENT, THE MAX PAYABLE BY INSURANCE AGAINST A CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT INCREASE SUCH LIMIT. THE LIMITATIONS AND EXCLUSIONS

ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE CITY FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT

ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO THE

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EXTENT PROHIBITED BY LAW. The Parties acknowledge that the limitations set forth in this Section are integral to the amount of fees charged in connection with making the Services available to City and that, were Rec to assume any further liability other than as set forth herein, such fees would of necessity be set substantially higher.

10. Miscellaneous Provisions.

10.1. Notices. Except as otherwise specified in the Agreement, all notices under the Agreement will be in writing and will be delivered or sent by (a) first class U.S. mail, registered or certified, return receipt requested, postage pre-paid; (b) U.S. express mail, or national express courier with a tracking system, to the address specified herein, or (c) via email, in any case to the address given for a Party below. Notices will be deemed given on the day actually received by the Party to whom the notice is addressed.

Addresses:

If to City of Hermosa Beach,
City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Email: [_______________]
With a copy to:

City Clerk
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
If to Rec,
Rachel Williams
2261 Market Street, Suite 22268
San Francisco, CA 94114
Email: [____________]

10.2 Independent Contractor. The relationship of Rec and City is that of independent contractors.

Neither Party has any authority to act on behalf of the other Party or to bind it, and in no event will the parties be construed to be partners, employer-employee, or agents of each other.

10.3 Governing Law; Venue. All matters arising out of or relating to this Agreement will be governed by the laws of the State of California, without regard to its conflict of law provisions.

Venue shall be Los Angeles County, California.

10.4 Compliance with Laws. Each Party agrees to comply with all applicable laws and regulations with respect to its activities hereunder, including, but not limited to, any export laws and regulations of the United States.

10.5 Conflict of Interest.

A. No officer or employee of City may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to

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the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.

B. No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

10.6 Assignment. Neither Party may assign or transfer this Agreement, in whole or in part, without the other Party’s prior written consent. Notwithstanding the foregoing, upon notice to the other Party, either Party may assign this Agreement to its affiliate or as a part of any merger, acquisition or sale of all or substantially all of its assets or the assets of the line of business to which the Services relate. Any attempted assignment or transfer in violation of this Section will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.

10.7 Force Majeure. Notwithstanding any provision contained in the Agreement, neither Party will be liable to the other to the extent fulfillment or performance of any terms or provisions of the Agreement are delayed or prevented by revolution or other civil disorders; wars; strikes; labor disputes; electrical equipment or availability failure; fires; floods; epidemics; pandemics; acts of God; government action; or, without limiting the foregoing, any other causes not within its control and which, by the exercise of reasonable diligence, it is unable to prevent. This clause will not apply to the payment of any sums due under the Agreement by either Party to the other. If a Force Majeure event continues for more than thirty (30) days, either Party may terminate this Agreement upon written notice, and neither Party shall be liable for further performance or payment obligations arising after the effective termination date.

10.8 Press Releases. Rec may use City’s name and logo in Rec’s marketing program including use on Rec’s company website, marketing literature, and in press releases on a case by case basis with email consent from City.

10.8 Miscellaneous. Headings in the Agreement are for reference purposes only and will not affect the interpretation or meaning of the Agreement. If any provision of the Agreement is held a court of competent jurisdiction to be contrary to law, then the remaining provisions of the Agreement will remain in full force and effect. No delay or omission by either Party to exercise any right or power it has under the Agreement will be construed as a waiver of such right or power. A waiver by either Party of any breach by the other Party will not be construed to be a waiver of any succeeding breach or any other covenant by the other Party. All waivers must be in writing and signed by the Party waiving its rights.

10.9 Severability. Should any provision of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.

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10.10 Counterparts. The Agreement may be executed simultaneously in any number of counterparts, each of which will be deemed an original, but all of which together constitute one and the same agreement. The parties agree that electronic and other facsimile signatures are valid signatures for enforcement of this Agreement.

10.11 Entire Agreement; Modifications. This Agreement constitutes the entire agreement between Rec and City with respect to the subject matter hereof. The Agreement supersedes all prior negotiations, agreements, and undertakings between the Parties with respect to such subject matter. No modification of the Agreement will be effective unless contained in writing and signed by an authorized representative of each Party. No term or condition contained in City’s purchase order or similar document will apply unless specifically agreed to by Rec in writing, even if Rec has accepted the order set forth in such purchase order, and all such terms or conditions are otherwise hereby expressly rejected by Rec.

11. Other Public Agency Orders. Other federal, state, county, and local entities may utilize the terms and conditions established by the Contract if agreeable to all parties. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. [SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF the parties hereto have signed this Agreement as of the date first written above.

CITY OF HERMOSA BEACH CONTRACTOR
Steve Napolitano, Interim City Manager By:

ATTEST:

Myra Maravilla, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Jason Baltimore, Interim City Attorney

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Schedule 1
Project Plan

IMPLEMENTATION SCHEDULE
The Parties acknowledge the following schedule for implementing the Rec Platform for access by City.

Dates and milestones are estimates subject to City’s timely provision of data and information. Delays in City deliverables shall extend corresponding Rec obligations on a day-for-day basis.Scope of work and timeline are further detailed in Schedule 5 below.
● By February, 2026, Rec shall establish the foundation for RecOS functionality and facility management.
● By April 2026, Rec shall complete configuration for all key system components, including registration, facilities and payment processing.
● By June 2026, Rec shall ensure full team training and readiness for ongoing operations. ● By July 2026 Rec shall be ready for a public launch of the system with comprehensive marketing communications sent to the public.

If there is a delay in staff availability or receiving required information from the City of Hermosa Beach for configuration, Rec may require the launch date to be postponed until both parties agree.

ONGOING IMPROVEMENTS
Over the rest of contract term, Rec’s product and engineering team will continue to support features oriented at the following goals.

Administrative user efficiency
Improved resident experience at purchase, and at program check-in Improved automated reporting
Improved optional automated communications to users
Optional connectivity features between residents
Americans with Disabilities Act (ADA) User Interface compliance Rec commits to monthly feedback sessions from the City to ensure that the prioritization of improvements represents the City’s needs.

These improvements to the Rec Platform will be provided to the City at no additional cost and with the appropriate training modules when necessary.

RESOURCE REQUIREMENTS
Rec will assign resources as needed throughout the process. Rec team members will be the primary contact for remote discovery, onsite training, updates, and any necessary discussion throughout the process. City will assign a project lead to work directly with Rec’s team. City will schedule the appropriate staff for remote discovery and on-site training sessions.

REQUIRED INFORMATION

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In order that facility location and programming information may be offered by City to individual users of the Rec Platform. Rec and the City will agree upon the specific data requirements for each field after their mutual design review sessions by August 1, 2025. City will provide the following data for the first season of configuration no later than February , 2026.

Description Access Info
Getting There info
Hours of operation
Community guidelines
Address
Programming (for all recreational programming):

Program Name
Program description
Location
Session Dates (please note any holidays)
# of sessions
Price (resident/non-resident)
Instructor
Class Code

REPORTING
Rec will deliver the reports set forth below to City. No personal data of any individual Rec Platform users will be provided to City absent mutual written agreement and subject to all applicable privacy and data protection laws.

Biweekly reporting of class utilization and any qualitative feedback received.

Quarterly surveys, both NPS and qualitative.

Revenue reports at a mutually agreed cadence.

Class participant information in order to support programming operations

RESIDENT COMMUNICATIONS
City and Rec will work together to develop a mutually-satisfactory resident communication plan in order to share information about the implementation. This may include direct emails, signage or fliers at City centers, and seminars led by City to teach residents how to become individual users of the Rec Platform.

SUPPORT
Individual User Technical Support
Rec Provides front-line technical support for Participants, on behalf of City, if they email [email protected].

Rec will provide a first response within 48 hours of an individual’s question, although Rec strives to be at a 12 hour response time. This support will be provided based on City-defined support policies. Example support issues will include:

General programming inquiries such as payment inquiries. Rec can act on behalf of City for payment inquiries, applying the City-defined cancellation and refund policies, or choose to pass through to a CityStaff Users.

Account creation, management, and deletion

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Questions about programming availability, programming details, and other inquiries which require local knowledge will be directed to a City-Staff member.

For resident participants that go directly to City-Staff, the Rec Platform will provide the CityStaff user with the appropriate tools to solve the participant’s issue.

City-Staff User Support
Rec will provide direct support to City-Staff Users. During the first 30 days after Go-Live, City will have access to live support via phone or video conferencing 7 days a week from 9am - 7pm PST. After this initial period, City will submit all support requests to the Rec team via [email protected] and can expect a response for operational support within 24 hours.

As features are built to introduce a ticketing support system into the City interface, City will receive these additional features at no cost to the Customer.

Technical Service Levels
Rec Strives to maintain 99.999% uptime of systems. Rec provides support in accordance with the following service levels:

Mission Critical-Tier: defined as limiting a participant or City-Staff ability to sign-up, purchase, or participate in a program successfully.

Mission Critical (on-call) availability: 24/7
Initial Response: 1 hour
Status Report Provided: every 4 hours
Correction identified or pursued, and a mutually agreeable correction plan will be developed within:
24 hours
Severe Tier: Defined as limiting City-Staff or Customer from efficiently completing expected workflows.

Severe Tier availability: 9am - 5pm PST Monday - Friday Initial Response: 1 day
Status Report Provided: Daily
Correction identified or pursued, and a mutually agreeable correction plan will be developed within:
7 days
Improvement Tier: Defined as a feature request for improvement or minor bug not significantly impacting City-Staff or Participant workflows Improvement Tier availability: 9am - 5pm PST Monday - Friday Initial Response: 48 hours
Status Report Provided: Monthly
Proactive Input: On a quarterly basis, Rec will reach out to City to collect and prioritize all requested
improvements to the Rec Platform.

Correction identified or pursued, and a mutually agreeable correction or deprioritization will be communicated within: 1 month

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Schedule 1: Standard Platform and Services
Rec Technical Platform Applicable
Programming Registration & Administration
Facilities & Permit Management
Memberships Management
Business & Financial Reporting
Embedded Payment Processing
Rec Services (Ongoing) Applicable
Rec Licensed Learning & Instructor Management
Rec Programming Development Support
Tier 1 Customer (Resident) Support Management
Marketing Design & Material Production
Rec Services (Launch) Applicable
Customized Training Program for All Staff
Unlimited Training Hours - Virtual and Onsite
Data Configuration
Community Engagement Marketing Campaign
Dedicated Account Management and Support

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SCHEDULE 2

FEE SCHEDULE
Schedule 2A: Annual Fee
Fee based on City’s annual revenue estimate of $1,600,000.

Year Rec Annual Fee* Discounted Annual Fee**
Year 1 $29,500 $36,000
Year 2 $29,500 $36,000
Year 3 $36,000 $29,500
*List price for cities transacting $1.5 - 2 million in revenue on the Rec platform **Discount applied for Recs’ Early Customer Program
Schedule 2B: Payment Processing
The following fees are charged based on the method of purchase made by end users on the Rec platform.

The City has the option to pass a portion or the entirety of the following payment processing fees incurred during transactions onto the end user. The specific amount or percentage to be passed on will be determined and set by the City at their discretion.

Payment Method Fee
Credit Card 3.5% + $0.30
ACH or ECheck 1.0%
Cash or Physical Check 1.0%
Schedule 2C: Implementation & Hardware
Implementation & Hardware Fee
System Configuration $16,000
Data Transfer
Staff Training
Design and Brand Collaboration
Point of Sale Hardware Readers $300 per terminal

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Facility Public Signage - 18x18” (Courts, Rinks Etc) $50 per sign Facility Public Signage - 9x9” (Rec Rooms, Picnic Rentals) $30 per sign Schedule 2D: Payment Terms
Rec shall be responsible for issuing invoices for all fees due under this Agreement. All payments shall be made in U.S. dollars and may be remitted via ACH transfer, wire transfer, or check. The City shall be responsible for any bank fees or transaction costs associated with their chosen payment method. All payments must reference the corresponding invoice number to ensure proper application.

Annual Fee Payment Terms
The Annual Fee for the Services shall be due and payable within thirty (30) days of July 1, 2026. Failure to remit payment within the specified timeframe may result in suspension of Services or other remedies as outlined in this Agreement.

Implementation Fee Payment Terms
The Implementation Fee shall be due and payable within thirty (30) days following the Effective Date of this Agreement. The Effective Date shall be the date of execution of this Agreement by both Parties. Failure to remit payment within the specified timeframe may result in suspension of Services or other remedies as outlined in this Agreement.

Hardware Purchasing Invoice
The City shall be invoiced for any hardware purchases made by Rec Technology on the City’s behalf. Such invoices shall be issued upon procurement of the hardware and shall be due and payable within 30 days of the invoice date. The City acknowledges that all hardware purchases are final and non-refundable unless otherwise stated in the manufacturer’s warranty or return policy.

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SCHEDULE 3

MARKETING & PROMOTIONAL COMMITMENTS

1. PARTNER MARKETING OBLIGATIONS
Email. City will actively participate in partner marketing initiatives by sending out email messages to its community members to promote and advertise recreational programming facilitated by the Rec Platform.

Direct Links from the City Website. City Parks and Rec department will include direct links to the Rec Platform on relevant sections of its website. These links will provide easy access for community members to explore and register for recreational programs.

Permanent Signage. Rec has City permission to install permanent signage at mutually agreed-upon locations at the facilities covered by this agreement. Such signage may include, but is not limited to, court signs and other permanent displays that enable improved resident experience (i.e, QR codes for calendars), and those that promote and advertise recreational programs. The design and placement of permanent signage will be subject to the approval of both Parties.

Temporary and Promotional Signage. Rec will create and provide temporary signage (such as fence vinyls) to advertise new programs, lessons, or special events. The duration, design, and placement of temporary signage will be mutually agreed upon by both parties.

2. REC’S MARKETING COMMITMENTS
Rec will engage in marketing efforts designed to increase demand for lessons and programming. This may include campaigns related to subscribing to a court, newsletters, physical marketing materials, social media, engagement with community groups, and other innovative approaches.

Rec will engage in marketing and brand design with the City in order to support improvements in physical signage and digital presence

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SCHEDULE 4

INSURANCE
Rec will maintain the following insurance coverage naming City and its directors, agents and employees as additional insured. Rec will provide City with a Certificate of Insurance reflecting such coverage prior to commencing work.

General Liability: $1,000,000 per occurrence and $3,000,000 aggregate.

Sexual Abuse and Molestation: $1,000,000 per occurrence and $1,000,000 aggregate.

Cyber Liability (Network Security and Privacy Liability): $2,000,000 per occurrence and 2,000,000 aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Rec in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

Workers Compensation: Employee’s liability insurance with minimum limits of $1,000,000 per occurrence. The workers compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Rec, its employees, agents and subcontractors.

The insurance provided by Rec will be primary and noncontributory.

City, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and volunteer must be named as additional insureds under the automobile and general liability policies.

Rec must provide certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating appropriate coverage, to the City Clerk of the City of Hermosa Beach before the commencement of work.

Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to the City.

If Rec 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 Rec. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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The procuring of insurance shall not be construed as a limitation on liability nor as full performance of the indemnification provisions of Rec.

Rec hereby grants to City a waiver of any right to subrogation which any insurer of said Rec may acquire against the City by virtue of the payment of any loss under such insurance. Rec agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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SCHEDULE 5

SCOPE OF WORK AND TIMELINE
Phase 1: Initial Discovery & Timeline Build (Month 1)
By February 2026 Rec shall establish the foundation for RecOS functionality and facility management.

Objectives ● Establish foundation for RecOS functionality and facility management for Client
● Conduct discovery workshops to understand department needs and integration points.

Benchmarks ● Complete discovery sessions with Parks & Recreation team to identify customizations.
● Complete and approve detailed week-by-week for timeline to launch including key training and marketing dates to the public Client
Requirements
● Scheduling and participation of discovery sessions for the following modules
⚪ Programming & Memberships
⚪ Facilities Management
⚪ Finance & Reporting
⚪ Marketing & Community Engagement
Phase 2: Configuration & Building (Month 3)
By April 2026, Rec shall complete configuration for all key system components, including registration, facilities and payment processing.

Objectives ● Complete configuration for all key system components:
registration, facilities, payment processing
Benchmarks ● Programming Administration: Set up agency-branded templates for class creation, email/SMS confirmations, and waiver management. ● Facilities Management: Configure facilities (gyms, parks, fields, etc.) in RecOS with dynamic calendar and facility rules engine. ● Payment Processing: Activate payment system for online and point-of-sale transactions (including Stripe integration).

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● Finance and Accounting reporting: Support for accrual based revenue
recognition, overdue payment plan, and weekly remittance reports Client
Requirements
● Programming registration data export from existing software ● Location and facilities details
Phase 3: Training & Program Ready (Month 5)
By June 2026, Rec shall ensure full team training and readiness for ongoing operations.

Objectives ● Ensure full team training and readiness for ongoing operations. ● Focus on system optimization to support seamless program registration for users.

Benchmarks ● Team Training: Complete comprehensive training sessions for all agency staff, covering advanced features such as reporting, registration management, and customer support processes.
● User Registration: Finalize setup of the registration system to ensure that users can easily discover, register, and pay for programs and classes. ● Facilities & Permit Management: Ensure staff can effectively manage facility rentals, special permits, and event coordination, including document storage and waivers.
● Waivers and Policies: Ensure that staff can handle waivers and policies, print necessary documentation, and manage signed waiver notifications.

Client
Requirements
● Participation in all scheduled training sessions
● Waiver and policy data for ingestion
Phase 4: Marketing Ready & Launch (Month 6)
By July 2026 Rec shall be ready for a public launch of the system with comprehensive marketing communications sent to the public.

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Objectives ● Prepare for a public launch of the system with strong marketing support. ● Ensure user engagement through email marketing and
promotional materials.

Benchmarks ● Marketing Support: Finalize the design and production of print and digital marketing materials, ensuring alignment with the agency’s branding and messaging.
● Email Marketing Campaigns: Set up and launch custom email marketing campaigns, promoting program registration and new offerings to residents.
● Public Launch: Conduct the official launch of the platform for publicfacing registration and facility booking, ensuring all automated systems, including confirmations and reminders, are operational. ● User Engagement: Roll out special pricing, residency verification, and other engagement strategies to attract diverse groups to programming.

Client
Requirements
● Public communication and marketing of new system including the following at minimum: 3 email blasts, dedicated website information, 3 social media posts

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Schedule 6
Information Security Requirements of Third Party Providers

OVERVIEW
The purpose of this document is to define information security requirements of Third-Party Service Provider who will access data and information on behalf of the City. Third-party Service Provider refers to any entity that is undertaking an outsourced activity on behalf of the City or is performing system administrator duties on their offsite system that contains City data. Third-party Service Providers may include Contractors, Subcontractors, Consultants, and City partners etc.

This document is incorporated in the Agreement between the City and the Third Party Service Provider.

DEFINITIONS
Confidential Data _ Information whose unauthorized disclosure or modification could result in significant fines, penalties, regulatory action, or civil or criminal violations. Examples include but are not limited to Protected Health Information (PHI), Personally Identifiable Information (PII), credit card data, police records, legal and risk management records, financial information, large collections of special information with sensitivity to privacy, resident records, security camera recordings.

Protected Health Information (PHI) — Protected health information includes all individually identifiable health information, such as demographic data, medical histories, test results, insurance information, and other information used to identify a patient or provide healthcare services or healthcare coverage.

Personal Identifiable Information (PII) — Any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means.

Security Breach - Unauthorized acquisition of computerized data that compromises the security, confidentiality or integrity of personal information maintained on it.

Third-Party Service Provider - Contractors, Subcontractors, Consultants, and City Partners etc.

ACKNOWLEDGEMENT
Third-Party Service Provider acknowledges that its contract/purchase order with the City may allow the Third-Party Service Provider access to or possession of City’s Confidential Data including, but not limited to, personal information, employee records, citizens records, health care information, or financial information. This data may be transferred in various forms, notwithstanding the manner in which or from whom it is received by Third-Party Service Provider subject to state laws that restrict the use and disclosure of such information. Third-Party Service Provider represents and warrants that it will keep City’s Confidential Data secure both during the term and after the termination of the Agreement.

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INFORMATION SECURITY PLAN
Third-Party Service Provider is required to comply with information security standards for the protection of data and information required by law, regulation, and regulatory guidance.

Within 30 days of the effective date of the agreement and subject to the review and approval of the City, Third-Party Service Provider shall establish, implement, and maintain an information security plan (“Information Security Plan”).

Third-Party Service Provider’s Information Security Plan shall be designed to; ● Ensure the security, integrity and confidentiality of the City’s data, ● Protect against any anticipated threats or hazards to the security or integrity of such information, ● Protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to the person that is the subject of such information, ● Protect against unauthorized changes to or use of City’s data, and ● Comply with all applicable legal and regulatory requirements for data protection, ● Include business continuity and disaster recovery plans.

Third-Party Service Provider agrees that it will protect City Confidential Data according to published information security policy and standards and no less rigorously than it protects its own confidential information but in no case less than reasonable care.

Third-Party Service Provider shall develop, implement, maintain, and use appropriate administrative, technical, and physical security measures, which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity, and availability of all such Confidential Data.

In addition, Third-Party Service Provider represents and warrants that in performing the Services, it will comply with all applicable privacy and data protection laws and regulations based on the type of data and information it is handling on behalf of the City. Applicable law and regulations may include but not limited to;
● California Civil Code (Sections 1798.29, 1798.82, 1798.84, 1798.85), ● The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Payment Card Industry Data Security Standard (PCI DSS)
● Americans with Disabilities Act of 1990.

Failure by Third-Party Service Provider to comply with any provision of this Section shall constitute a default as defined in the Agreement.

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ACCESSIBILITY REQUIREMENTS
If Third-Party Service Provider is presenting any information to the public thru website content and/or mobile application, all content must be presented in compliance with the most current standards of the Web Content Accessibility Guidelines published by the Consortium (W3C) and/or required by Title II of the Americans with Disabilities Act.

INCIDENT RESPONSE PLAN
Notification of Security Incident
Third-Party Service Provider shall report, in writing, to the City any actual or suspected use or disclosure of City Confidential Data not authorized by this Agreement or authorized in writing by the City, including any reasonable belief that an unauthorized individual has accessed City Confidential Data. This report shall be made to the Agreement’s primary contact and the City’s designated information security officer.

It shall include details relating to any known or suspected security breach of Third-Party Service Provider’s system or facilities which contain City Confidential Data or any other breach of Confidential Data relating to this Agreement. This report shall be made not later than within seventy-two (72) hours after suspected or confirmed, if the information was, or is reasonably believed to have been, acquired by an unauthorized person.

Notification Contents
Third-Party Service Provider’s report shall identify:
● The nature of the actual or suspected unauthorized use or disclosure ● The time and date of incident
● A description of City’s data used or disclosed,
● Who made the unauthorized use or received the unauthorized disclosure, ● What Third-Party Service Provider has done or shall do to mitigate any harmful effect of the unauthorized use or disclosure, and
● The corrective action Third-Party Service Provider has taken or shall take to prevent future similar unauthorized use or disclosure.
● Other information as requested by the City.
● Third-Party Service Provider shall provide any other information, including a written report, as reasonably requested by the City.

Notification to Parties
Third-Party Service Provider agrees to fully cooperate with the City with the preparation and transmittal of any notice, which the City may deem appropriate or required by law, to be sent to affected parties regarding the known or suspected security breach, and to be financially responsible for any such notice resulting from Third-Party Service Provider’s, its Representatives, Affiliates, or Sub Third-Party Service Providers acts or omissions with regard to the data security requirements of this Agreement. Third-Party Service Provider shall take appropriate remedial action with respect to the integrity of its security systems and processes.

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AUDIT REQUIREMENTS
A Third-Party Service Provider, with access to City’s confidential data, shall conduct risk assessment and/or audit of its use of City’s confidential data at least annually. The Third-Party Service Provider shall provide the City with copies of its latest information security risk assessments and/or audit results upon request. The requirements of this section can be fulfilled by the Third-Party Service Provider providing a System and Organizational Controls (SOC) report as promulgated by the American Institute of Certificate Public Accountants (AICPA).

If any assessment and/or audit discloses material variances from the performance requirements set forth in this Agreement or a breach by Third-Party Service Provider of the provisions of this Agreement, ThirdParty Service Provider shall notify the City. The Third-Party Service Provider agrees to give the City the right to perform audits to verify compliance to any part of this Agreement.

TERMINATION OR EXPIRATION OF AGREEMENT
Upon the termination or expiration of this Agreement, or at any time upon the request of the City, ThirdParty Service Provider and its Sub Third-Party Service Providers shall return all City data (and all copies and derivative works thereof made by or for Third-Party Service Provider) back to the City or transfer to a third party as instructed by the City. Further, Third-Party Service Provider and all Sub Third-Party Service Providers shall delete or erase such data, copies and derivative works thereof, from their computer systems.

The City shall have the right to require Third-Party Service Provider to verify, that all City data has been returned, deleted or erased. Third-Party Service Provider agrees to use commercially reasonable efforts to cooperate with the City requests for verification.

APPROVAL OF A PROFESSIONAL

SERVICES AGREEMENT WITH REC
TECHNOLOGIES INC. TO PROVIDE

A RECREATION MANAGEMENT

SOFTWARE

BACKGROUND
• Current System: ACTIVE Network (since 2014)
• Manages registrations, memberships, facility
reservations, scheduling, and reporting
• Identified Areas for Improvement
• Modernize and improve user experience
• Easier navigation and program discovery
• Greater flexibility to customize public interface
• Simplify facility reservation process
• Allow guest checkout options for one-time users
• Need for responsive, collaborative customer
support
• Desire for pricing model that scales with success,
not by usage

DISCUSSION
On August 11, 2025, the City issued RFP
25-005 seeking proposals from
companies that offer recreation
management software to identify the
most effective and efficient software

DISCUSSION
• 13 proposals received
• Evaluated on needs, experience, cost
competitiveness, and compliance
• Pricing models vary significantly across vendors
• Two vendors invited for demonstrations: Rec
Technologies Inc. and Xplor Recreation
• Rec Technologies Inc. ranked highest overall

DISCUSSION
• Current Model – ACTIVE Network
o Revenue-share structure: City pays a percentage of each transaction as a service fee / FY 2024–25 total cost: ≈ $127,000  Costs increase as participation grows
• Proposed Model – Rec Technologies
o Flat-fee structure: Improves cost predictability and budget management
 Implementation fee: $16,000 (project launch, Nov 2025)  Annual service fee: $29,500 (beginning July 2026 and renewal in 2027)  Total contract cost: $75,000

CONCLUSION
Based on its proposal and software
demonstration, Rec Technologies Inc. was
identified as the most qualified bidder
If the City Council authorizes staff to award
the contract to Rec Technologies Inc., staff
will begin the software transition with an
anticipated “go–live” in August 2026

City of Hermosa Beach | Page 1 of 6
Meeting Date: October 28, 2025
Staff Report No. 25-PD-009
Honorable Mayor and Members of the Hermosa Beach City Council

ADOPT A RESOLUTION AND AWARD A SOLE-SOURCE CONSTRUCTION CONTRACT TO AM-TEC TOTAL SECURITY, INC. FOR CIP 685 – REAL-TIME

CRIME CENTER
CEQA: Determine that Capital Improvement Program (“CIP”) Project 685 – Real-time Crime Center Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 153011 (Existing Facilities). The proposed work is an alteration of existing public structures or facilities involving negligible or no expansion of existing use. No exceptions to the CEQA exemption apply. (Police Chief Landon Phillips)
Recommended Action:

Staff recommends City Council:

1. Determine that Capital Improvement Program (“CIP”) Project 685 – Real-time Crime Center Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 153011 (Existing Facilities);

2. Award a construction contract for CIP Project 685 – Real-time Crime Center to AmTec Total Security, Inc. on a sole-source basis in the amount of $494,819.79 (Attachment 1);

3. Authorize the Director of Public Works to establish a project contingency amount of $49,481.98 and to approve contract change orders up to the amount of the approved project contingency;

4. Adopt a resolution approving the construction of Capital Improvement Program Project 685 - Real-time Crime Center Project, establishing a project payment account, and awarding a sole-source contract to Am-tec Total Security, Inc.” (Attachment 2);

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

6. Authorize the City Clerk to record and file a notice of completion following final completion of the project.

Executive Summary:

The City of Hermosa Beach (“City”) secured $963,000 in federal funding to establish a Real-Time Crime Center (“RTCC”) aimed at enhancing law enforcement response and community safety. The RTCC will integrate cameras, servers, and additional technology on vehicles, to provide real-time information for public safety operations. Staff requests

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City Council authorization to purchase security camera services and equipment for the RTCC.

Background:

With support from United States Representative Ted Lieu, the City secured $963,000 in federal funding to establish the RTCC, which will enable officers’ real-time access to critical law enforcement data. Once fully operational, the RTCC will enhance the Hermosa Beach Police Department’s (“HBPD”) ability to respond swiftly and effectively to criminal activity. RTCC technology will include a unified camera system, an integrated operating platform, and other hardware to access real-time information.

When applying for this grant, key components to the RTCC included an enhanced security camera system.

Past Council Actions
Meeting Date Description
March 11, 2025 City Council authorizes the purchase of Mobile Digital Computers (“MDCs”) for the RTCC.

June 10, 2025
City Council authorizes the purchase of Peregrine
Technologies for RTCC.

City Council authorizes purchase of Automated License
Plate Readers for RTCC and Parking Enforcement
Operations.

Discussion:

A major component of the RTCC is renovating HBPD’s antiquated camera, storage, and viewer systems. There are multiple camera systems utilized by HBPD that all run on different systems. There is a significant amount of time spent on accessing all these systems at once due to each system’s own individual security protocols. HBPD is in need of upgrading its camera system and servers and merging it under a modernized platform that can access all cameras, old and new, in the department.

This component will not only include security cameras but would incorporate four urgently needed servers capable of maintaining current and future storage needs for the RTCC.

Two of these servers would be used to record footage obtained from the recently installed system plus the existing cameras located in the City’s parking structure. The other two servers would be used to record the new city-wide cameras. To create communication between these servers and cameras, radios would be installed to ensure camera connectivity.

Staff worked diligently with Am-Tec Total Security, Inc. (“Am-Tec”) to recognize strategic areas where new cameras can be installed at intersections throughout the City. These

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new cameras would provide additional support for officers in their investigations, responding to calls, and help deter criminal activities.

Sole-source Selection and Staff Findings
In September 2023, the City issued a Request for Proposals for another grant to provide security camera services for the City. This process included site walk throughs, scopes of work to be completed, a bid submission and an interview with prospective vendors. The City received nine bids, and after an extensive review process and interviews, Am-Tec was rated highest among the nine bidders. Am-Tec’s proposal included more cameras than the RFP required and in-house equipment to be used for the project. Am-Tec identified specific issues the HBPD could have with their current/old security camera system and provided in-depth solutions within their proposal and interview. Am-Tec had extensive experience with other public works and police departments in various other projects and were highly recommended; they were also the lowest bidder. Ultimately, AmTec was selected and awarded the contract. Their transition of software programs allowed for an easy transfer and seamless integration of the old system while maintaining the required one-year retention period. The vendor also completed everything in-house with their own employees, including the traffic control plan, instead of renting equipment and subcontracting services, as other vendors indicated they would have done if selected.

Work for this project was completed within budget in June 2024.

HBPD wants to continue the transition process of all its other camera systems into this newly acquired system and would like to continue using Am-Tec as its vendor. Key reasons for the City awarding a sole-source contract to Am-Tec are:

1. Seamless Integration
o With the installation of the new security cameras, a new software platform called Wisenet Wave (“Wave”) has been implemented. The process of incorporating the new Wave system was an easy transition and has proven to be user-friendly and easily navigable.
o Training was provided for all Department personnel who will be using the system and was available at two different sessions. One-on-one onboarding was completed to ensure full understanding of the Wave system. o Department personnel were fully trained in using the new system implemented with the new security cameras and introducing another type of software can hinder efficiency and collaboration throughout the Department.

2. Cost Efficiency
o The Wave software system is a one-time purchase and does not need to be renewed every year. When comparing other software that vendors provided, there are recurring fees to continue using it. All camera registrations purchased can also be transferable, at no cost. The only onPage 332 of 572 City of Hermosa Beach | Page 4 of 6
going cost that is needed is the maintenance provided by Am-Tec to clean, check, and maintain all the cameras installed by them. All cameras will have a one-year warranty when they are purchased and Am-Tec is responsible for the replacements, if needed. Maintenance is an annual cost, depending on the amount of cameras that they will be overseeing. Am-Tec is highly knowledgeable and trained in how to install, fix, and manage this camera system and going with another vendor can break any warranty associated with the camera system.

3. Existing Equipment
o Am-Tec completed the installation of the most updated camera system within HBPD and are working on implementing the other outdated camera systems into the new Wave software. Currently, there are multiple camera systems within HBPD, which makes it difficult to navigate between all of them. While conducting the RFP process, Am-Tec became familiarized with all camera systems and is aware of what is required to begin the process of implementing the Wave system on all systems. Am-Tec will be able to bring in the other cameras onto this system without needing to replace any existing camera equipment.

4. Consistency and Reliability
o Even though Am-Tec has provided services for less than two years, they have been responsive and attentive to every request and question HBPD has given them. They work closely with management to guarantee that any requests are completed at a quick rate of time and have great availability and flexibility when providing scheduling times. Management has built trust and rapport with Am-Tec and are confident in their abilities to complete projects. Am-Tec fully understands the complex camera systems the City currently has and is willing to start the process of incorporating them all into the Wave software system.

Having a contract with Am-Tec ensures that current and future security cameras will be on the same software system to better manage camera footage and files. With multiple camera systems in place, Am-Tec is driven to work with HBPD to improve its system and continue upholding operational efficiency and excellent customer service.

Staff finds that if the project was awarded to any firm other than Am-Tec, the project would not be reasonably compatible with the City’s existing infrastructure proprietary to Am-Tec and that it would be cost prohibitive to replace the City’s existing infrastructure to permit greater competition.

In addition, due to the federal grant requirements, prior written approval from the grant funding agency, the Office of Community-Oriented Policing Services (COPS) is required to move forward with any grant-funded contract over $250,000 awarded on a sole-source

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basis. The City submitted an approval letter and has received authorization for this purchase from the COPS office (Attachment 3).

If awarded, Public Works staff would provide construction management and inspection services, with oversight support from the Police Department.

Environmental Analysis:

The Project is exempt under CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The proposed work is an alteration of existing public structures or facilities involving negligible or no expansion of existing use. No exceptions to the CEQA exemption apply. Staff recommends that City Council determine that the Project is exempt under CEQA accordingly.

Fiscal Impact:

CIP Project 685, Real-Time Crime Center, is included in the FY 2025-26 Adopted Budget.

Staff recommends awarding the camera system construction contract of $494,819.79 to Am-Tec and establishing a 10% contingency of $49,481.98 to cover and approve contract change orders for a total project cost of $544,301.77. The $494,819.79 camera system would be funded by available budgeted Federal grant funds. City Equipment Replacement Funds in Fund 715 would be used to fund the $49,481.98 project contingency.

Agreement Request
Agreement FY 2025-26 Budget
Dept. Account # Authorized Amount
Am-Tec Total Security, Inc. 150-8685-4201 $494,819.79
10 Percent Project Contingency 715-2101-5402 $49,481.98 Total $544,301.77
Attachments:

1. Draft Resolution

2. Construction Contract with Am-Tec Total Security, Inc.

3. COPS Written Approval of Sole Source Procurement
Respectfully Submitted by: Brandon Araujo, Senior Engineer Concur: Joanne Loeza, Management Analyst
Concur: Landon Phillips, Police Chief
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Concur: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney

City of Hermosa Beach | Page 6 of 6
Concur: Joe SanClemente, Public Works Director
Approved: Steven Napolitano, Interim City Manager

CITY OF HERMOSA BEACH
RESOLUTION NO. 25-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH APPROVING THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROGRAM PROJECT 685 - REAL-TIME CRIME CENTER PROJECT
PURSUANT TO GOVERNMENT CODE SECTION 830.6, ESTABLISHING A

PROJECT PAYMENT ACCOUNT, AND AWARDING A SOLE-SOURCE
CONTRACT TO AM-TEC TOTAL SECURITY, INC.

WHEREAS, the City of Hermosa Beach (“City”) requires an update to its Real-Time Crime Center Project for security camera services and servers (“Project”); and WHEREAS, City staff has determined that if the Project was awarded to any firm other than Am-Tec Total Security, Inc. (“Contractor”), the Project would not be reasonably compatible with the City’s existing infrastructure proprietary to Contractor and that it would be cost prohibitive to replace the City’s existing infrastructure to permit greater competition (“Staff Findings”); and
WHEREAS, the City Council's award of a contract and all of the acts leading up to the award are legislative in character, and the letting of contracts by the City Council necessarily requires an exercise of discretion guided by consideration of the public welfare (Mike Moore's 24-Hour Towing v. City of San Diego, 45 Cal.App.4th 1294, 1303 (1996)); and WHEREAS, competitive bidding is not applicable “where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form” (Graydon v. Pasadena Redevelopment Agency, 104 Cal.App. 3d 631, 636 (1980); an example being “unique products and/or services” Id. at p. 637 (citing Hiller v. City of Los Angeles, 197 Cal. App. 2d 685 (1961))); and WHEREAS, California Public Contract Code section 3400(c) authorizes the City to require a particular material, product, thing, or service designated by specific brand or trade name in order to match other products in use on a particular public improvement either completed or in the course of completion when certain findings are made.

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. 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 3. Adoption. The City Council hereby adopts the Staff Findings.

SECTION 4. Authorization. The City Council authorizes the following:
a. The establishment of 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.
b. 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.
c. The City Manager or designee to enter into the construction contract with Contractor as set forth in Exhibit A.
d. The Director of Public Works to establish a project
contingency for the Project in the amount of forty-nine thousand four hundred eightyone dollars and ninety-eight cents ($49,481.98) and to approve contract change orders up to the amount of the approved project contingency.

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

SECTION 6. Award of Contract. The City Council hereby awards the contract for the Project to Contractor in the amount of four hundred ninety-four thousand eight hundred nineteen dollars and seventy-nine cents ($494,819.79).

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).

SECTION 8. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 9. Certification. The City Clerk is directed to certify the adoption of this Resolution.

SECTION 10. Effective Date. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED on this 28th day of October 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

EXHIBIT A

CONSTRUCTION CONTRACT

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1 CITY OF HERMOSA BEACH

CONSTRUCTION CONTRACT
Real-Time Crime Center

1. PARTIES AND DATE.

This Contract is made and entered into this 28th day of October, 2025 by and between the City of Hermosa Beach, a public agency of the State of California (“City”) and Am – Tec Total Security, Inc., a California corporation with its principal place of business at 3837 Harvest Court, Chino, CA 91710 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing roadway related construction services and related electrical construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C7, C10.

2.3 Project. City desires to engage Contractor to render such services for the RealTime Crime Center (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Contractor’s Quote and Project Scope (Exhibit “A”)
 Plans (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)
 Fleet Compliance Certification (Exhibit "G”)
 Federal Contract Provisions (Exhibit “H”)
 Buy America Preference Compliance Steps (Exhibit “I”)

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2  Davis-Bacon Wage Determination (Exhibit “J”)
 Change Orders executed by the City
 Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail.

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than five (5) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before five (5) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

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3 The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Submittal Review and Approval Contract Time. Contractor shall prepare and submit submittals to the City for its review and approval within 14 calendar days beginning the effective date of the Notice to Proceed for Submittal Review and Approval Contract Time.

Submittals shall comply with this Contract’s Buy America Preference provisions. The City will not issue to the Contractor a Notice to Proceed for Construction until all submittals have been provided and reviewed and approved by the City.

3.3.2 Construction Contract Time. Contractor shall perform and complete all Work under this Contract within 76 calendar days, beginning the effective date of the Notice to Proceed for Construction (“Construction Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto,or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Construction Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.3 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

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4 3.3.4 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of One Thousand Two Hundred Dollars ($1,200) per day for each and every calendar day of delay beyond the Construction Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Four-Hundred Ninetyfour Thousand Eight Hundred Nineteen dollars and Seventy-nine cents ($494,819.79) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon

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5 completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor shall be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of

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6 any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. 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.

3.7.11 Hours of Work. Work within the public right-of-way shall be limited to 8:00 am to 6:00 pm. Contractor is advised that eight (8) hours labor constitutes a legal day’s work.

Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

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7 3.7.12 Payroll Records. 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.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. 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. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. 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.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the 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 Department of Industrial Relations 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 the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

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8 3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to

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9 reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract.

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits,

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10 Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract,but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor shall fully comply, and shall ensure all subcontractors comply, with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB) and all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 (“Regulation”). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

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

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11 other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

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.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. 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.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the 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 the 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 the 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 the 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

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12 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.

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

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 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.

3.10.3.8 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.

3.10.4 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 the 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.

3.10.4.1 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

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13 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 the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 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.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the 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 the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 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.

3.10.6 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 the Contractor in writing, shall be submitted to nonbinding mediation, with City and the 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.

3.10.6.1 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.

3.10.6.2 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.

3.10.6.3 Unless otherwise agreed to by City and the 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.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is

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14 earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the 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 the 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.

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

3.10.8.1 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.

3.10.8.2 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.

3.10.8.3 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.

3.10.9 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 the 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.

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15 3.10.10 Non-Waiver. City’s failure to respond to a claim from the 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.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.

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16 3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract 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 Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.

Any insurance or self-insurance maintained by the City, its officials, employees, agents and

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17 authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be

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18 signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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19 3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. 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.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal

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20 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.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 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.

City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

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21 3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City 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. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Am – Tec Total Security, Inc.
3837 Harvest Court
Chino, CA 91710
Attn: Jeffrey Torok
CITY:

City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Attn: Brandon Araujo
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws and Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California.

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22 3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 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 four (4) 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.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior

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23 negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]

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24 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF HERMOSA BEACH
AND
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 3rd day of January, 2023.

CITY OF HERMOSA BEACH AM – TEC TOTAL SECURITY, INC.

By: By:

Steve Napolitano
Interim City Manager Its:

Printed Name:

Approved as to Form:

By:

Jason Baltimore
Interim City Attorney

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25 EXHIBIT “A”
CONTRACTOR’S QUOTE AND PROJECT SCOPE

CUSTOMER ESTIMATE NO. 6041
City of Hermosa Beach
1315 Valley Dr
Hermosa Beach CA 90254
Created Date: 4/8/2025
Date: 9/25/2025
Valid For: 30 Day(s)
Site: Hermosa Beach Police
Department:

Salesperson: Jeffrey Torok
Citywide Camera Installation & Real Time Crime Center:

Recording Servers:

There will be 4 servers to record the 365 days of recording. The first 2 servers will be installed at the substation to record the recently install system plus the existing cameras in the parking structure. This server will have a total of 920 Terabits.

The next 2 servers will be installed at the Police Station to record the new city wide cameras. This server will have a total of 960 Terabits.

Both systems are just under 1 petabyte of storage.

Part # Item Quantity Unit Price Total
IL-R228-DG3-D
410-480T-20-S
IronLink R228 Dual 4410Y 480TB STD Processor 2x
Intel 4410Y 2GHz 12-core Processor Operating
System Windows Server IoT 2022 Standard +
8-cores Memory 32GB (2x16GB) RDIMM 5600MT/s
Controller PERC H755 8GB Cache Adapter OS
Drives 2x 480GB M.2 SSDs (RAID 1) Hard Drives
(24) 20TB Enterprise 7.2k SAS HDD (RAID 6)
Embedded Networking (2) 1GB Base-T OCP Slot (4)
10/25GB SFP28 Networking (4) 1GB Base-T PCIe
LP Adapter PCIe Slots available (1) PCIe x16 LP
Power Supply (2) 1400W Power Supply Warranty
5 Year ProSupport NBD Onsite with KYHD
Management iDRAC9 Enterprise

2.00 $38,467.49 $76,934.98
IL-R228-DG3-D
410-460T-20-S
IronLink R228 Dual 4410Y 460TB STD Processor 2x
Intel 4410Y 2GHz 12-core Processor Operating
System Windows Server IoT 2022 Standard +
8-cores Memory 32GB (2x16GB) RDIMM 5600MT/s
Controller PERC H755 8GB Cache Adapter OS
Drives 2x 480GB M.2 SSDs (RAID 1) Hard Drives
(23) 20TB Enterprise 7.2k SAS HDD (RAID 6)
Embedded Networking (2) 1GB Base-T OCP Slot (4)
10/25GB SFP28 Networking (4) 1GB Base-T PCIe
LP Adapter PCIe Slots available (1) PCIe x16 LP
Power Supply (2) 1400W Power Supply Warranty
5 Year ProSupport NBD Onsite with KYHD
Management iDRAC9 Enterprise

2.00 $37,469.17 $74,938.34
Total $151,873.32
Incl. Tax of $0.00

CUSTOMER ESTIMATE NO. 6041
Camera Licenses:
18 camera licenses for 16 multi sensor cameras and 2 dome cameras.

Part # Item Quantity Unit Price Total
WAVE-PRO-01
WAVE Professional License. Enables one (1) IP
stream recording, includes life-time SW upgrade.

No annual & maintenance cost required.

2.00 $124.96 $249.92
WAVE-PRO-16
WAVE Professional License. Enables sixteen (16) IP
stream recording, includes life-time SW upgrade.

No annual & maintenance cost required.

1.00 $1,619.24 $1,619.24
Total $1,869.16
Incl. Tax of $0.00
Mobile Real Time Crime Center:

This section is for the Mobile Real Time Crime Center and has 2-4K 55" portable commercial monitors, they have hidden electrical plugs, HDMI cables, 1-TV media box with electrical plugs, and low voltage ports for an easy installation. All TV cables will feed back to a supercomputer workstation with a separate NVIDA card with 4-4K video outputs able to display multiple high resolution cameras at the same time.

Part # Item Quantity Unit Price Total
IL-MTWDI9KG3
IronLink Mid-Tower i9K GPU Ready W11 Chassis
Tower 3LFF Processor 1x Intel Core i9-14900K

3.2GHz 24-core Operating System Windows 11 IoT
Enterprise 2024 LTSC Memory 32GB (2x16GB)
UDIMM 4400MT/s Controller Software RAID OS (1)
512GB M.2 SSD Hard Drives (3) Enterprise 7.2k SATA
HDD Embedded Networking (1) 1GB Base-T
Networking (1) 2.5GB Base-T PCIe Slots available (1)
PCIe x16 FH, (1) PCIe x4 FH GPU (1) NVIDIA RTX
A1000 Power Supply (1) 1000W Power Supply
Warranty 5 Year ProSupport Plus NBD Onsite with
KYHD

1.00 $3,051.10 $3,051.10
VCNRTXA1000
ATX-PB NVIDIA RTX A1000 8GB GDDR6 50W 4x mDP 1.00 $602.91 $602.91 BE55T-H Samsung 55in Bet Series Commercial TV Crystal
Uhd 3-year warranty 2.00 $699.47 $1,398.94
STAND-TV03E2
Mobile TV Cart for 32 to 65 inch Dual Screens up to
70 lbs Each, LCD LED OLED 4K Smart Flat and
Curved Panels, Rolling Stand for 2 TV’s, Locking
Wheels, Max VESA 600x400, Black, STAND-TV03E2

1.00 $164.99 $164.99
IL-ACCMDP2HDMI-G2 Mini DisplayPort 1.4 to HDMI Active Adapter - 4k 2.00 $51.98 $103.96 C2G60220 C2G C2G60220 4K 60Hz HDMI over Cat Extender
Box Transmitter to Box Receiver, Black 2.00 $221.24 $442.48 CG56782 C2G CG56782 High Speed HDMI Cable with
Ethernet, 4K, 60 Hz, 3' 4.00 $15.15 $60.60
0E-HDMIP6 6' UHD 4K HDMI Cable with Ethernet 2.00 $17.76 $35.52 MC Electrical
14/2 MC Electrical 14/2 x 50 ft. Solid MC Lite Cable 1.00 $85.33 $85.33 CDOWTG-16R The 1-Gang Device Box is made of steel for
durability. It features 8 knockouts for a variety of 2.00 $12.95 $25.90

CUSTOMER ESTIMATE NO. 6041
Mobile Real Time Crime Center:

Part # Item Quantity Unit Price Total
connections. To ensure safety, it is UL Listed.

R62-CBR15-00
W
15 Amp Commercial Grade Duplex Outlet, White 2.00 $4.05 $8.10 R52-88003-00
W
1-Gang Duplex Outlet Wall Plate, White 2.00 $0.98 $1.96 SC100RR 1-Gang Non-Metallic Low-Voltage Old Work Bracket 2.00 $6.91 $13.82 TV1LVKITWCC2 Pass & Seymour 1 Gang Recessed TV Media Box with Low Voltage Brush Insert, White 2.00 $25.94 $51.88 DPPSSW-1BN-1 1-Gang White Cable Pass-Through Plastic Wall Plate with Recessed In-Wall Opening 1.00 $12.70 $12.70
Total $6,060.19
Incl. Tax of $0.00
Camera Equipment:

This section is for cameras, mounts, and injector providing 96 seperit camera views:
11-multi sensor/PTZ cameras at intersections.
3-multi sensor/PTZ cameras on the strand.
2-dual head multi sensors at Valley Park.
2-dome cameras at valley Park.
1-multi sensor camera to replace old camera at Lot A.

Part # Item Quantity Unit Price Total
PNMC34404RQPZ
Wisenet P series network vandal outdoor MultiDirectional camera with PTZ, [AI ON] 4CH x 8MP @ 15FPS / [AI OFF] 4CH x 8MP @ 20FPS + PTZ 40x 2MP
@ 60FPS, 4CH Remote PTRZ Lens 3.3~5.7mm (FoV
H: 109°~56°, V: 55°~31°), triple codec
H.265/H.264/MJPEG, 120dB WDR; IR viewable [4CH]
length 20m (65ft) / [PTZ] WiseIR 200m (656ft),
Analytics events based on AI engine: Object
detection [Person/Vehicle
(Car/Bus/Truck/Motorcycle/Bicycle)], IVA (Virtual
line/Area, Enter/Exit, Loitering, direction, intrusion), Appear/Disappear, WiseNR ?(using AI engine),
WiseStream?(Based on AI engine), I/O Box
compatibility; TPM with FIPS 140-2 level2, micro SD
card 512GB x2, IP66, IK10, NEMA4X, Operating
Temperature: -40°C~+50°C(-40°F~+122°F), HPoE
(injector included), Hard-coated dome bubble

14.00 $4,661.46 $65,260.44
SBP-156WMW
Wall/Pole mount, Material : Aluminum, Color :

White, Dimensions :135(W)x183(H)x302(D)mm
(5.31x7.20x11.89"), Compatible with:

XNP-9300RW/8300RW/6400RW,
QNP-6320R/6250R/6320H/6250H. Stainless Steel
Pole straps are not included.

14.00 $103.99 $1,455.86

CUSTOMER ESTIMATE NO. 6041
Camera Equipment:

Part # Item Quantity Unit Price Total
PNMC12083RVD
Network vandal outdoor 2CH AI IR dome camera,
(6MP X 2 sensors) 12MP @ 15fps, 3.4~6.8mm(2x)
(95.08°~47.64°) motorized varifocal lens, Triple
codec (H.265/H.264/MJPEG), IR viewable length 25m
(82ft), USB port for easy installation, Day & Night
(ICR), extremeWDR (120dB), DIS, Handover,
Analytics events based on AI engine: Object
detection(Person/Face/Vehicle/License plate), IVA
(Virtual line/Area, Enter/Exit, Loitering, direction,
intrusion), Analytics events : Defocus detection,
Motion detection, Tampering, Audio detection,
Sound classification, Appear/Disappear, FIPS 140-2,
micro SD card 512GB, IP66, NEMA4X, IK10,
Operating temperature: -40°C~+55°C(-40°F ~
+131°F), Power: PoE+, Metal shielded RJ-45, Hardcoated dome bubble

2.00 $1,257.37 $2,514.74
SBV-215WCW Weather cap for PNM-C7083RVD/7082RVD and
PNM-C12083RVD/12082RVD 2.00 $27.92 $55.84
PNV-A9081RLP
4K Low-Moderate Speed LPR Vandal Dome Camera
with Wisenet Road AI. Max. 4K resolution,

4.5~10mm(2.2x) M-Varifocal(4K) lens, [email protected]
(Color), 0Lux (B/W, IR LED on), Day & Night(ICR),
WDR(120dB), H.265, H.264, MJPEG codec,
WiseStream III, POE+, IP66/67/IP6K9K, IK10+,
NEMA4X
LPR + MMCR: Make, Model & Color* Recognition on
the Edge. 32GB Micro SD storage for up to 10,000
LPR/Vehicle images, Licensed open platform
application for multiple regions/countries.
(* Color recognition only during day time)

2.00 $1,870.72 $3,741.44
PNMC32083RVQ
Wisenet P series network vandal outdoor MultiDirectional camera [AI ON] 4CH x 8MP @ 15FPS / [AI OFF] 4CH x 8MP @ 20FPS, Motorized Varifocal Lens

3.3~5.7mm (FoV H: 109°~56°, V: 55°~31°), triple
codec H.265/H.264/MJPEG, 120dB WDR; IR viewable
length [PoE+] 15m (49ft) / [HPoE] 20m (65ft), USB
port for easy installation, Analytics events based on
AI engine: Object detection [Person/Vehicle
(Car/Bus/Truck/Motorcycle/Bicycle)], IVA (Virtual
line/Area, Enter/Exit, Loitering, direction, intrusion), Appear/Disappear, WiseNR ?(using AI engine),
WiseStream?(Based on AI engine), I/O Box
compatibility; TPM with FIPS 140-2 level2, micro SD
card 512GB x2, IP66, IK10, NEMA4X, Operating
Temperature: -40°C~+55°C(-40°F~+131°F), PoE+
/HPoE, Hard-coated dome bubble

1.00 $1,962.72 $1,962.72

CUSTOMER ESTIMATE NO. 6041
Camera Equipment:

Part # Item Quantity Unit Price Total
SBP-250HMW
Cap adapter for the PNM-9084QZ1, PNM-9084QZ,
PNM-8082VT, PNM-9022V, PNM-C9022RV,
PNM-9031RV, PNM-9002VQ, PNM-C16083RVQ, PNMC32083RVQ

1.00 $52.35 $52.35
TPE-117GI Gigabit Ultra PoE Injector Supplies PoE (15.4W), PoE+ (30W) or Ultra PoE power (60W) 1.00 $67.95 $67.95
Total $75,111.34
Incl. Tax of $0.00
AltoWave Radios:

Citywide radio links for camera connectivity.

Part # Item Quantity Unit Price Total
AW3-D621-C-W
AltoPlex D621 Distribution or Client, 2X RF, 90°
scan, 3.8Gbps aggregate, 1x RJ45 2.5 GbE, GPS, WiFi (mgt.), built-in wall/pole mount, IP6752.00 $838.92 $43,623.84 AX-AW3-MTEXTExtended range pole mount kit for AltoPlex radios up to +60/-45° elevation adjustment 52.00 $114.86 $5,972.72 AX-P-IN-AT-5GUSIndoor 802.3at (30W) 5GbE PoE injector with 0.8m US power cord. 52.00 $87.84 $4,567.68
AR-S150-C-G
AltoReach S150, PtP or PtMP Remote, Integrated
150mm Antenna, 4°x4° beamforming scan range,
2Gbps aggregate, 1x RJ45 1GbE, GPS, Wi-Fi backup
(5-7 GHz) and mgt. (2.4GHz), IP66, PoE injector

4.00 $749.00 $2,996.00
AR-AP90-C-G
AltoReach AP90, PtMP Hub or Remote, 40 dBm RF,
90° scan, 2Gbps aggregate, 1x RJ45 2.5 GbE, GPS,
Wi-Fi backup (5-7 GHz) and mgt. (2.4GHz), IP66, PoE
injector

2.00 $669.27 $1,338.54
AX-AR-PRECMT AltoReach Precision Mounting Bracket 6.00 $114.86 $689.16 AW-ACAPP-50
AltoCommand Appliance, supports AltoPlex and
K60 radios, up to 50 managed elements
(DNs/hubs), ships on extended temp/ industrial PC
device, 1 year standard support included.

1.00 $5,933.51 $5,933.51
AWPS-ENG-1D Altowav On-Site Engineering Support (per day) 5.00 $1,892.25 $9,461.25 AWPS-EXP Altowav On-Site Travel & Expenses (per trip, up to 5 days in length) 2.00 $1,696.50 $3,393.00
Total $77,975.70
Incl. Tax of $0.00
Cable and Conduit:

Necessary enclosers, conduit, cable, connectors, power taps, Electrical, POE hardened switch, and fittings, for all traffic signal cameras, light pole cameras, Valley Park, and Clark Stadium.

Part # Item Quantity Unit Price Total
TI-PG80 TRENDNET TI-PG80 8 PORT POE PLUS HARDEN
GIGABIT SWITCH 1.00 $289.36 $289.36
TI-S24048 TRENDNET 240W 48V 5A SINGLE OUTPUT

INDUSTRIAL DIN RAIL POWER SUPPLY

1.00 $240.61 $240.61

CUSTOMER ESTIMATE NO. 6041
Cable and Conduit:

Part # Item Quantity Unit Price Total
6ESOSPBK2 WAVENET CAT6E OUTDOOR SHIELDED CABLE 3.00 $330.00 $990.00 Southwire
55808644
250 ft. 14/3 300-Volt CU Black Flexible Portable
Power SJOOW Cord 3.00 $340.31 $1,020.93
WQ-66 Hinged Waterproof Box 11.81 x 11.81 x 7.15 in / 300 x 300 x 182 mm / 3.92 lbs 21.00 $120.75 $2,535.75
DR-20 DIN Rail Kit 9.84 x 1.38 x 0.30 in / 250 x 35 x 8 mm /

0.19 lbs 21.00 $15.06 $316.26
Polycase
PK-121 Pole Mount Kit 21.00 $89.92 $1,888.32
UA-006 Vent Plug External Dimensions 0.62 x 1.06 x 1.06 in 42.00 $5.89 $247.38 ZH-161407 Waterproof Electrical Enclosure 17.24 x 15.24 x 8.75 in / 438 x 387 x 222 mm / 8.66 lbs 1.00 $162.39 $162.39 ZX-1614K Internal Mounting Panels 15.64 x 13.64 x 0.06 in / 397 x 346 x 2 mm / 1.28 lbs 1.00 $43.82 $43.82
853429 FISHER PRICE FP283A-1-120-N-N-N STREET LIGHT
POWER TAP ADAPTER 10FT 21.00 $233.68 $4,907.28
27693 HALEX 1/2 " NM Strain Relief Cord Connector 84.00 $4.19 $351.96 58405 HALEX Hover Image to Zoom 1/2 in. Rigid Type C
Conduit Body with Cover and Gasket 21.00 $8.42 $176.82
NMLT5-1 ARLINGTON 1/2 in. Non-Metallic Liquid-Tight PushOn Connector 22.00 $5.12 $112.64 NMLT905-1 ARLINGTON 1/2 in. 90-Degree SNAP2IT NonMetallic Connector 22.00 $8.46 $186.12 55094201 1/2 in. x 100 ft. Ultratite Liquidtight Flexible NonMetallic PVC Conduit 1.00 $141.08 $141.08 Southwire
55094221
1/2 in. x 25 ft. Ultratite Liquidtight Flexible NonMetallic PVC Conduit 1.00 $34.16 $34.16 202051J PLATINUM TOOLS ezEX44 RJ45 Shielded External
Ground Connector 200.00 $3.25 $650.00
853428 EMT 1/2 in. x 10 ft. Electric Metallic Tube (EMT) Conduit 30.00 $9.23 $276.90
26230 1/2 in. Electrical Metallic Tube (EMT) Compression Connectors (5-Pack) 3.00 $5.87 $17.61
051411262419 1/2 in. Electrical Metallic Tube (EMT) Compression Coupling (5-Pack) 6.00 $4.19 $25.14
B23PS 1 Gang Weatherproof Electrical Outlet Box with
Three 1/2 in. Holes - Gray 6.00 $7.90 $47.40
5173-0 BELL 1-Gang Weatherproof Cover,
Vertical/Horizontal, Blank, Gray 6.00 $2.53 $15.18
26151 1/2 in. Standard Fitting Electrical Metallic Tube (EMT) 1-Hole Straps (25-Pack) 4.00 $9.40 $37.60
112-1472CR 100 ft. 14 Gauge White Solid Copper THHN Wire 1.00 $56.13 $56.13 112-1471CR 100 ft. 14 Gauge Black Solid Copper THHN Wire 1.00 $56.13 $56.13 112-1475CR 100 ft. 14 Gauge Green Solid Copper THHN Wire 1.00 $56.13 $56.13 101592 2 in. x 10 ft. Electric Metallic Tube (EMT) Conduit 3.00 $62.74 $188.22 Z703 2EG-25 2 in. Universal Strut Pipe Clamp - Silver Galvanized 12.00 $9.79 $117.48 ZA12HS10EG 10 ft. 12-Gauge Half Slotted Metal Framing Strut 4.00 $52.82 $211.28

CUSTOMER ESTIMATE NO. 6041
Cable and Conduit:

Part # Item Quantity Unit Price Total
Channel - Silver Galvanized
Total $15,400.08
Incl. Tax of $0.00
Installation:

AM-TEC will install 4-servers, provide all configuration, programing, install a complete command center, install cameras on 10 intersections, 4-light poles, 4-cameras at Valley Park, install point-to point radios for communication, and provide training upon completion.

Part # Item Quantity Unit Price Total
Project Management 1.00 $12,000.00 $12,000.00
Administration Cost. 1.00 $14,280.00 $14,280.00
PW LA Labor $140,250.00
Total $166,530.00
Incl. Tax of $0.00
Please respond to [email protected] with a
confirmation of acceptance if you would like to proceed.

Please verify with your local authority if you will require a permit.

Note that any unexpected condition or exception beyond the standard scope of installation will/may require a change order.

Labor $140,250.00
Materials $354,569.79
Total $494,819.79
Incl. Tax of $0.00
Powered by TCPDF (www.tcpdf.org) Page 7/7

1 AM-TEC SECURITY, INC

PROJECT SCOPE
September 26, 2025

OVERVIEW

1. Project Background and Description
Am-Tec Security, Inc. was requested by City of Hermosa Beach, at 1101 Hermosa Beach Ave, Hermosa Beach CA 90254, to install a new mobile real-time crime center. This new system will connect to existing cameras and new cameras around Parking lots, parks, and intersections. Additionally new servers will replace existing server and will record all activity for 365 days with extra storage to maintain the 365 days while adding additional cameras. The cameras will record all activity and use analytics to address the increase in crime and vandalism in the City of Hermosa Beach throughout the city. The camera system will be able to use analytics to send alerts to city employees and law enforcement when suspicious activity accrues.

2. Project Scope
Software Installation includes:
*Installing a mobile real-time crime center that will connect to all city cameras while having the ability to move the system to different locations.
*Setting up server-based software (VMS), for notification, viewing, recording and health monitoring for the City of Hermosa Beach.

Network Installation includes:
*Connecting cameras to existing and new cables to switches and radios. *Building a privet network using separate switches, radios, and cable. *Testing network and connectivity.

Hi Res Camera Installation includes:
*Terminating all cables.
*Mounting of Cameras.
*Aiming and focusing Cameras to the City of Hermosa Beach specifications.

Command Center Installation includes:
*Installing a video workstation.
*Connecting 55” monitors to video server.
*Installing video wall software.

Point to Point Wireless:
*AM-TEC will use wireless point-to-point and mesh radios for remote cameras to connect to City’s network and servers.

Client Software installation:
*AM-TEC will install software on the computer as directed by City of Hermosa Beach employees for viewing cameras, video playback, downloading video, and receiving alerts.

2 Exterior and Interior Conduit Installation includes:
*AM-TEC will install all conduit as needed to protect cables on parking structures, buildings, and intersections.

3. High-Level Requirements
Provided by AM-TEC Security to ensure the safety of visitors, employees, and property around the city Hermosa Beach locations.

4. Roles and Responsibilities for City Staff
It is expected that the City of Hermosa Beach IT department will provide connectivity to City network and Internet. AM-TEC will provide all equipment and material for this project.

5. 4.2.4 Project Management Plan
When a written approval of the project is given, an order will be placed by Am-Tec Security, Inc., with their suppliers and all equipment will be ordered. AM-TEC will go to every location and provide pictures and drawings showing the location of all equipment. A spreadsheet will be provided showing equipment part numbers, IP address, serial number, MAC address, and location. AM-TEC will schedule with the city of Hermosa Beach a kickoff meeting to go over the project, scheduling and introduce the City to AM-TEC employees. When the project begins, Am-Tec Security, Inc. Project Manager will meet with the City Hermosa Beach to go over all camera locations and establish a staging area at a designated area that is best for the City of Hermosa Beach where Am-Tec Security, Inc. staff members can store parts, tools etc.

6. Project Schedule
Once a date is approved by the City of Hermosa Beach AM-TEC will be ready to install the system. Once installation begins, installation of servers and software will take 14 days. Installation of mobile real-time-crime center will take 7 days. Installation of radios and cameras in intersections will take 45 days. installation of cameras/radios in parking lots will take 2 days. Testing and programing of the VMS system will take 7 days. Training will take 1 day.

7. Communications Approach
City of Hermosa Beach: AM-TEC will designate a Project Manager for this project. He will be available M-F from 6:00am to 4:00pm at 800-609-2527. His cell phone number will also be available once the PM is assigned the project. In addition, AM-TEC uses a program called SimPro that tracks all employees and can give instant status to the city where the technicians are located. Technicians are required each day to log their hours and provide a detailed report with pictures of their progress. This information can be emailed to an unlimited number of City of Hermosa Beach staff. It can also be made available at any time upon request.

8. Statement of Project Understanding
AM-TEC is certified in all major video management systems, point-to-point communications, and camera manufactures. We are a gold partner in Axis cameras, Hanwha cameras, Avigilon cameras, and our technicians are certified by the manufacturers in all these systems and much more. Furthermore, we have a long history of successful implementation of camera systems and deployments of over 1000 cameras at some of these locations and have been maintaining these systems for years. We also hold certifications with Belden and CommScope for fiber and all types of category cable. AM-TEC is very confident that this project will be a complete success, and we look forward to building a long relationship with the City of Hermosa Beach.

9. Approach to Work Program
AM-TEC approach to the installation is as follows: Installation of servers and software will be first, mobile real-time crime center will be second, power at intersections will be third, radios and cameras in intersections will be forth, cameras in parking lots will be fifth, aiming of cameras sixth, installation of VMS software seventh, setting up of views and alerts eighth. Nine will be training once everything is complete.

3 10. Affected Parties
Work on the camera system will take place Monday through Friday between the hours of 6:00 AM and 4:00 PM keeping the impacted parties to a minimum.

11. Affected Business Processes or Systems
AM-TEC will be installing standalone equipment and building a privet network and will not be interfering with daily activity or affecting any of the City of Hermosa Beach events.

APPROVAL AND AUTHORITY TO PROCEED
We approve the project as described above and authorize the team to proceed.

Name Title Date

Approved By Date Approved By Date

65270.00504\44133326.4
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EXHIBIT “B”
PLANS

65270.00504\44133326.4
- 27 -
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ARTICLE 2. POWER SUPPLY
The Contractor is responsible for providing power to the proposed equipment for this project.

With respect to the proposed location at 2nd Street and The Strand, the camera will be installed at top of existing light pole just under the light. Electrical has not been determined but the Contractor will provide power from existing power at the light, a UPS that charges when light is on and powers camera during the day, or new power supply from power source for light.

With respect to the proposed location at 14th Street and The Strand, the camera will be installed at top of existing light pole just under the light. Electrical has not been determined but the Contractor will provide power from existing power at the light, a UPS that charges when light is on and powers camera during the day, or new power supply from power source for light.

With respect to the proposed location at 22nd Street and The Strand, the camera will be installed at top of existing light pole just under the light. Electrical has not been determined but the Contractor will provide power from existing power at the light, a UPS that charges when light is on and powers camera during the day, or new power supply from power source for light.

With respect to the proposed location at 14th Street and Hermosa Avenue, the power supply would be the same as the power supply at Hermosa Avenue/Pier Avenue and Hermosa Avenue/13th Street. If this cannot be accomplished or hardwire to cabinet is too difficult a UPS can be installed to power the camera in the day and charge at night.

With respect to the proposed location at 11th Street and Hermosa Avenue, the power supply would be the same as the power supply at Hermosa Avenue/Pier Avenue and Hermosa Avenue/13th Street. If this cannot be accomplished or hardwire to cabinet is too difficult a UPS can be installed to power the camera in the day and charge at night.

ARTICLE 3. PERMITTING
For Caltrans encroachment permits, the City will take the lead as the Applicant and the Contractor shall aid the City by providing any and all information required to address Caltrans’ requirements including any temporary traffic control plans.

Add the following to Section 2-2 of the Standard Specifications for Public Works Construction:

65270.00504\44133326.4
- 28 -
Prior to beginning work, the Contractor shall obtain authorization and permits from the City of Hermosa Beach and any other agency other than Caltrans. The Contractor will be responsible to protect and preserve all property and improvements in accordance with the Contract.

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

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

Right-of-Way Permits
When work occurs in the right-of-way of other entities other than Caltrans, the Contractor shall obtain a right-of-way permit as required for an encroachment from that entity.

ARTICLE 4. TEMPORARY TRAFFIC CONTROL
The Contractor is responsible for providing any temporary traffic control plans and temporary traffic control required by the City, Caltrans, or any other agency per this Article. 600-1 GENERAL.

Add the following to Section 600-1 of the Standard Plans for Public Works Construction:

Access to street intersections, public and private parking lots, commercial businesses, residences, and other public and private properties shall be maintained at all times. At least 72 hours in advance of commencing any work that may affect the access to private properties, the Contractor shall provide construction notices to adjacent residential properties, and commercial establishments. The Construction Notice template (attached on “Exhibit C Construction Notice Template”) shall be modified by the Contractor and sent to the engineer for review and approval. The Contractor shall distribute notices to residents and commercial establishments affected by construction once approved by the Engineer. Vehicular access to and from commercial and residential driveways and parking lots shall be maintained at all times, except when performing items of work which cannot be accomplished without access restriction.

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

Modifications to traffic control shall be performed to correct any deficiencies in traffic flow (vehicular, bicycle, pedestrian, etc.) as deemed necessary by the Engineer or Public Works Inspector.

All traffic lanes shall be open for public use on the days and at the times specified below:

1. Saturdays, Sundays, and legal holidays: from 12:00 a.m. to 11:59 p.m.

2. Fridays and any day preceding a legal holiday: from 5:00 a.m. to 11:59 p.m.

3. All days not covered in 1 and 2 above: 7:00 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m.

65270.00504\44133326.4
- 29 -

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

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

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

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

Replace the first paragraph of Section 601-1 of the Standard Specifications for Public Works Construction with the following:

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

Add the following:

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

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

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

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

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

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The Contractor shall notify the Engineer of any operation that will affect two-way flow of traffic more than five minutes for every half hour of working time, at least two working days in advance of such operation. Submitted traffic control plans must be professionally prepared and the plans must show roadway conditions as they exist in the field.

If the Contractor fails to maintain and control traffic at any time during the construction period such that the safety to public vehicular, bicycle and/or pedestrian traffic is compromised in any way in the opinion of the Engineer or the City Police Department, the City will require the Contractor to stop work and open all traffic lanes, or immediately modify the traffic control plan, subject to approval by the City, to ensure that the unsafe situation is corrected. If, due to the nature of the work, it is impossible to open all traffic lanes, or the Contractor is unable to immediately modify the traffic control plan to restore safe and adequate traffic control, the City may mobilize emergency forces to re-establish adequate and safe traffic control. The emergency forces may include Police Department, Maintenance Services Division, Engineering Division, Contractors or consultants hired by the City or other personnel as required to reestablish adequate and safe traffic control.

The Contractor shall pay for the full and complete time and material cost for any emergency response by City forces and firms hired by the City as described herein. This payment shall be in addition to the liquidated damages provided for in Section 6-9 of these specifications.

Contractor agrees to pay such costs as provided for in this paragraph, and in case the same are not paid, Contractor agrees that City may deduct the amount of such costs from any money that is due or that may be due the Contractor under the Contract. The Contractor shall not be entitled to any delay claims for work stopped by the City in order to correct an unsafe traffic condition, regardless of whether traffic control was set up in accordance with an approved traffic control plan.
601-3.5 Signs and Signage.
601-3.5.1 General.

Replace the entire subsection 601-3.5.1 with the following:

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

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

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

The Contractor shall post standard "NO PARKING" construction zone signs 72 hours prior to construction, not more than 50 feet apart within the work area, showing the date and time of construction. “NO PARKING” signs are to have the language “By order of the H.B.P.D. 318-

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0360 CVC 22658 / HBMC 10.32.220 & 10.12.040” on the signs. Signs can be obtained from the City.
601-3.5.2 Payment.

Replace the entire subsection with the following:

See Section 3.7 for payment details.

601-3.6 Channelizing Devices.
601-3.6.1 General.

Add the following:

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

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

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

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

Channelizing devices shall be placed at all locations shown on the Traffic Control Plan and at such locations as directed by the Engineer.

Channelizing devices shall be left in place at their designated locations, maintained, repaired, and replaced as required until their removal is approved by the Engineer.

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

See Section 3.7 for payment details.

Add the following subsection:
601-7 PAYMENT.

See Section 3.7 for payment details.

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EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

Am-Tec Total Security, Inc.

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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EXHIBIT “E”

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/PublicWorks/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.

Contractor 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 Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
 Contractor shall maintain a current DIR registration for the duration of the project.  Contractor 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.  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 Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

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PERFORMANCE BOND
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 ______________________________ (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-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, 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 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, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) 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.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal 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, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(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)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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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

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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Hermosa Beach (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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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

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EXHIBIT “G”

FLEET COMPLIANCE CERTIFICATION
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road 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

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party correspondence or vendor bids).
 The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).  The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

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

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EXHIBIT “H”

FEDERAL PROVISIONS
Because federal financial assistance will be used to fund all or a portion of the Construction Agreement, during the performance of this Construction Agreement, Contractor shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. In this Addendum, the term “Agency” or “recipient” shall mean the City of Hermosa Beach. The term “subrecipient” shall mean the Contractor.

1. Restrictions on Internal Confidentiality Agreements:

No Contractor that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Further Consolidated Appropriations Act, 2024, Public Law 118-47, Division B, Title VII, Section 742.

2. Federal Civil Rights:

The Contractor comply with applicable federal civil rights and nondiscrimination statutes and regulations including: Section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), as implemented in Subparts C and D of 28 C.F.R. Part 42; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), as implemented in Subpart G of 28 C.F.R. Part 42; section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681), as implemented in Subpart D of 28 C.F.R.

Parts 42 and 54; section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102), as implemented in Subpart I of 28 C.F.R. Part 42; and section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)), as implemented in Subpart D of 28 C.F.R. Part 42. In addition to applicable federal statutes and regulations that pertain to civil rights and nondiscrimination, the recipient and any subrecipient must comply with the requirements in 28 C.F.R. Parts 22 (Confidentiality of Identifiable Research and Statistical Information); 28 C.F.R. Part 23 (Criminal Intelligence Systems Operating Policies); 28 C.F.R.

Part 38 (Partnerships with Faith-Based and Other Neighborhood Organizations); and 28 C.F.R.

Part 46 (Protection of Human Subjects). For an overview of the civil rights laws and nondiscrimination requirements in connection with your award, please see https://www.ojp.gov/program/civil-rights/overview.

3. Contract Provision
(A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then

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the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract. (i) Termination for Convenience. The Agency may, by written notice to Contractor, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Contractor of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the Agency, the Agency shall compensate Contractor for work fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work including anticipated profit. Contractor shall provide documentation deemed adequate by the Agency to show the work actually completed by Contractor prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. (ii) Termination for Cause. If Contractor fails to perform pursuant to the terms of this contract, the Agency shall provide written notice to Contractor specifying the default (“Notice of Default”). If Contractor does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause, or may, in its sole discretion, make a demand on Contractor’s performance bond surety. If Contractor fails to cure a default as set forth above, the Agency may, by written notice to Contractor, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Contractor shall be compensated for that portion of the work which has been fully and adequately completed and accepted by the Agency as of the date the Agency provides the Notice of Termination. In such case, the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees. (iii) Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered and shall be entitled to withhold compensation for defective work or other damages caused by Contractor’s performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Contractor shall promptly discontinue the work unless the Notice directs to the contrary. Contractor shall deliver to the Agency and transfer title (if necessary) to all completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. Contractor acknowledges the Agency’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency’s termination of this contract. The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed work, and shall not be entitled to damages or compensation for termination of work. If Agency terminates this contract for cause, and it is later determined that the termination for cause was

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wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this Section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance. (B) Not used.
(C) Appendix II to Part 200 (C) – Equal Employment Opportunity: Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
(i) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

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(iv) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary

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of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(D) Appendix II to Part 200 (D) – Davis-Bacon Act:
(i) Contractor must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (ii) All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141¬3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
(iii) Contractors are required to pay wages to laborers and mechanics at a rate not less

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than the prevailing wages specified in a wage determination made by the Secretary of Labor.

See Exhibit “J” for the General Decision Number: CA20250022 dated September 5, 2025. (iv) Additionally, contractors are required to pay wages not less than once a week. (v) Appendix II to Part 200 (D) – Copeland “Anti-Kickback” Act:
(1) Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 C.F.R. Part 3) as may be applicable, which are incorporated by reference into this contact. In situations where the Davis-Bacon Act does not apply, neither does the Copeland “Anti-Kickback Act. The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (2) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(3) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(4) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §

5.12. (e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (ii) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is

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employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) Withholding for unpaid wages and liquidated damages. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(F) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other

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than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” (G) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Contractor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
(H) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,

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subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by Agency. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the Agency in writing immediately if Contractor or its subcontractors are not in compliance during the term of this contract.
(I) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Contractor shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Contractor shall file with the Agency the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (J) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is

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available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(K) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Contract. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.

4. Award Owner’s Manual
The subrecipient agrees to comply with the terms and conditions in the applicable award year COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including subsequent changes, as adopted by the U.S.

Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.

Failure to comply with one or more award requirements may result in remedial action

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including, but not limited to, withholding award funds, disallowing costs, suspending, or terminating the award, or other legal action as appropriate.

Should any provision of an award condition be deemed invalid or unenforceable by its terms, that provision will be applied to give it the maximum effect permitted by law. Should the provision be deemed invalid or unenforceable in its entirety, such provision will be severed from this award.

5. Trafficking in Persons
The Contractor agrees to comply with the following requirements of 2 C.F.R. Part 175, Appendix A to Part 175) – Award Term:

A. Trafficking in Persons
(a)Provisions applicable to a recipient that is a private entity. (1) Under this award, the recipient, its employees, subrecipients under this award, and subrecipient’s employees must not engage in:
(i)Severe forms of trafficking in persons;
(ii)The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
(iii)The use of forced labor in the performance of this award or any subaward; or (iv)Acts that directly support or advance trafficking in persons, including the following acts:
(A)Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents; (B)Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1)Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or (2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
(D) Charging recruited employees a placement or recruitment fee; or

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(E) Providing or arranging housing that fails to meet the host country’s housing and safety standards.
(2) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by DOJ at 2 C.F.R. Part 2867. (b) Provision applicable to a recipient other than a private entity. (1) The Federal agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by 2 C.F.R. Part 2867.
(c) Provisions applicable to any recipient.
(1) The recipient must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix.
(2) The Federal agency’s right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii)Is in addition to all other remedies for noncompliance that are available to the Federal

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agency under this award.
(3) The recipient must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
(4) If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
(d)Definitions. For purposes of this award term:

Employee means either:
(1)An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this award; or (2)Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements.

Private Entity means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.

The terms ‘‘severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ ‘‘sex trafficking,’’ ‘‘Abuse or threatened abuse of law or legal process,’’ ‘‘coercion,’’ ‘‘debt bondage,’’ and ‘‘involuntary servitude’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

6. Reporting Subawards and Executive Compensation
The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:

I. Reporting Subawards and Executive Compensation
(a) Reporting of first-tier subawards
(1) Applicability. Unless the recipient is exempt as provided in paragraph (d) of this award term, the recipient must report each subaward that equals or exceeds $30,000 in Federal funds for a subaward to an entity or Federal agency. The recipient must also report a subaward if a modification increases the Federal funding to an amount that equals or exceeds $30,000. All reported subawards should reflect the total amount of the subaward. (2) Reporting Requirements.
(i) The entity or Federal agency must report each subaward described in paragraph (a)(1) of this award term to the Federal Funding Accountability and Transparency Act Subaward

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Reporting System (FSRS) at http://www.fsrs.gov.
(ii) For subaward information, report no later than the end of the month following the month in which the subaward was issued. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025). (b) Reporting total compensation of recipient executives for entities—(1) Applicability.

The recipient must report the total compensation for each of the recipient’s five most highly compensated executives for the preceding completed fiscal year if:
(i) The total Federal funding authorized to date under this Federal award equals or exceeds $30,000;
(ii) in the preceding fiscal year, the recipient received:
(A) 80 percent or more of the recipient’s annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
(2) Reporting Requirements. The recipient must report executive total compensation described in paragraph (b)(1) of this appendix:
(i) As part of the recipient’s registration profile at https://www.sam.gov. (ii) No later than the month following the month in which this Federal award is made, and annually after that. (For example, if this Federal award was made on November 7, 2025, the executive total compensation must be reported by no later than December 31, 2025.) (c) Reporting of total compensation of subrecipient executives—(1) Applicability. Unless a first-tier subrecipient is exempt as provided in paragraph (d) of this appendix, the recipient must report the executive total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if:
(i) The total Federal funding authorized to date under the subaward equals or exceeds $30,000;
(ii) In the subrecipient’s preceding fiscal year, the subrecipient received:

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(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal awards (and subawards) subject to the Transparency Act; and (iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
(2) Reporting Requirements. Subrecipients must report to the recipient their executive total compensation described in paragraph (c)(1) of this appendix. The recipient is required to submit this information to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at http://www.fsrs.gov no later than the end of the month following the month in which the subaward was made. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025). (d) Exemptions.
(1) A recipient with gross income under $300,000 in the previous tax year is exempt from the requirements to report:
(i) Subawards, and
(ii) The total compensation of the five most highly compensated executives of any subrecipient.
(e) Definitions. For purposes of this award term:

Entity includes:
(1) Whether for profit or nonprofit:
(i) A corporation;
(ii) An association;
(iii) A partnership;
(iv) A limited liability company;
(v) A limited liability partnership;
(vi) A sole proprietorship;

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(vii) Any other legal business entity;
(viii) Another grantee or contractor that is not excluded by subparagraph (2); and (ix) Any State or locality;
(2) Does not include:
(i) An individual recipient of Federal financial assistance; or (ii) A Federal employee.

Executive means an officer, managing partner, or any other employee holding a management position.

Subaward has the meaning given in 2 CFR200.1.

Subrecipient has the meaning given in 2CFR 200.1.

Total Compensation means the cash and noncash dollar value an executive earns during an entity’s preceding fiscal year. This includes all items of compensation as prescribed in 17 CFR 229.402(c)(2).

7. Conflict of Interest
The Contractor must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. 200.112.

8. Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information:

Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award; a gross waste of federal funds; an abuse of authority relating to a federal contract or award; a substantial and specific danger to public health or safety; or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute.

9. False Statements
False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729–3733.

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10. Mandatory Disclosure
Recipients and subrecipients must timely disclose in writing to the COPS Office or passthrough entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with Term and Condition for Recipient Integrity and Performance Matters as outlined in 2 C.F.R part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.

11. System for Award Management
The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:

I. System for Award Management (SAM.gov) and Universal Identifier Requirements (a) Requirement for System for Award Management.
(1) Unless exempt from this requirement under 2 CFR 25.110, the recipient must maintain a current and active registration in SAM.gov. The recipient’s registration must always be current and active until the recipient submits all final reports required under this Federal award or receives the final payment, whichever is later. The recipient must review and update its information in SAM.gov at least annually from the date of its initial registration or any subsequent updates to ensure it is current, accurate, and complete. If applicable, this includes identifying the recipient’s immediate and highest-level owner and subsidiaries and providing information about the recipient’s predecessors that have received a Federal award or contract within the last three years.
(b) Requirement for Unique Entity Identifier (UEI).
(1) If the recipient is authorized to make subawards under this Federal award, the recipient:
(i) Must notify potential subrecipients that no entity may receive a subaward until the entity has provided its UEI to the recipient.
(ii) Must not make a subaward to an entity unless the entity has provided its UEI to the recipient. Subrecipients are not required to complete full registration in SAM.gov to obtain a UEI.
(c) Definitions. For the purposes of this award term:

System for Award Management (SAM.gov) means the Federal repository into which a recipient must provide the information required for the conduct of business as a recipient.

Additional information about registration procedures may be found in SAM.gov (currently at

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https://www.sam.gov).

Unique entity identifier means the universal identifier assigned by SAM.gov to uniquely identify an entity.

Entity is defined at 2 CFR 25.400 and includes all of the following types as defined in 2 CFR 200.1:
(1) Non-Federal entity;
(2) Foreign organization;
(3) Foreign public entity;
(4) Domestic for-profit organization; and
(5) Federal agency.

Subaward has the meaning given in 2 CFR 200.1.

Subrecipient has the meaning given in 2 CFR 200.1

12. Prohibition on Certain Telecommunications and video Surveillance Services or Equipment
Recipient agrees that it, and its subrecipients, will not use award funds to extend, renew, or enter into any contract to procure or obtain any covered telecommunication and video surveillance services or equipment as described in 2 CFR §200.216. Covered services and equipment include telecommunications or video surveillance services or equipment produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of China. The use of award funds on covered telecommunications or video surveillance services or equipment are unallowable. 2.

C.F.R. § § 200.216 & 471. See also Section 889 of the John S. McCain National Defense Authorization Act of Fiscal Year 2019, Public Law 115–232

13. Buy America Preference
Recipients of an award of Federal financial assistance for the construction, alteration, maintenance, or repair of infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless:
(1) All iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings,

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occurred in the United States;
(2) All manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and
(3) All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The construction material standards are listed below.

Incorporation into an infrastructure project. The Buy America Preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories.

In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated.

Application of the Buy America Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified.

Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions:
(a) For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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(b)For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product.

Construction material standards. The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is followed by a standard for the material to be considered “produced in the United States.” Except as specifically provided, only a single standard should be applied to a single construction material.
(1) Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States. (2) Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States. (3) Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States. (4) Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others. (5) Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States. (6) Lumber. All manufacturing processes, from initial debarking through treatment and planing, occurred in the United States.
(7) Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States.
(8) Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States.

Waivers.

When necessary, recipients may apply for, and the Office of Community Oriented Policing Services (COPS Office) may grant, a waiver from these requirements.

The COPS Office may waive the application of the Buy America Preference when it has determined that one of the following exceptions applies:

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(1) applying the Buy America Preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

A request to waive the application of the Buy America Preference must be in writing. If requested, the COPS Office will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.

Recipients do not need to obtain a waiver of the Buy America Preference requirements from the COPS Office if they will use only iron, steel, manufactured products, and construction materials that meet the criteria as specified above for the project.

If a recipient determines a waiver is necessary, an application for a waiver should be submitted as soon as possible and provide detailed information to expedite the COPS Office’s review. Recipients agree not to obligate, expend or draw down funds for infrastructure projects or activities unless they comply with the Buy America Preference requirements or request and obtain a waiver of the requirements from the COPS Office.

If you have any questions about this requirement or requesting a waiver of the requirement, please contact your COPS Office Program Manager at 800-421-6770 See Exhibit “I” for how Buy America Preference Compliance Steps.

14. Domestic Preferences for Procurements
Recipient agrees that it, and its subrecipients, to the greatest extent practicable, will provide a preference for the purchase, acquisition, or use of goods, products, and materials produced in, and services offered in, the United States. 2. C.F.R. § 200.322 and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Worker, January 25, 2021.

15. Requirement to report Actual Or Imminent Breach of Personally Identifiable Information
The recipient (and any subrecipient at any tier) must have written procedures in place to respond in the event of an actual or imminent breach (as defined in OMB M-17-12) if it (or a subrecipient)—1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of personally identifiable information (PII) (as defined in 2 C.F.R. 200.1) within the scope of a COPS Office grant-funded program or activity, or 2) uses or operates a Federal information system (as defined in OMB Circular A-130). The recipient’s breach procedures must include a requirement to report actual or imminent breach of PII to the recipient’s COPS

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Office Grant Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. OMB Memorandum M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information.

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EXHIBIT “I”

BUY AMERICA PREFERENCE COMPLIANCE STEPS

DEFINITIONS
Build America, Buy America (BABAA)- Requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, Sections 70901-70953 mandating domestic preference that all iron and steel, manufactured products, and construction materials are produced in the United States.

Construction Materials- Those articles, materials, or supplies – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives – that are or consist primarily of:
non-ferrous metals, plastic and polymer-based products, glass, lumber or drywall.

Contractor’s Certification- Documentation submitted by the Contractor upon Substantial Completion of the Agreement that all iron and steel, manufactured products, and construction materials are produced in the United States.

Domestic Preference- The Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, Sections 70901-70953.

Manufactured Product- Items assembled out of components, or otherwise made or processed from raw materials into finished products. Manufactured products must be manufactured (assembled) in the United States, and the cost of components that were mined, produced, or manufactured in the United States must be greater than 55 percent of the total cost of all components of the product.

Manufacturer’s Certification- Documentation provided by the Manufacturer stating that Domestic Preference requirements have been satisfied for all provided items. If items are purchased via a Supplier, distributor, vendor, etc. from the Manufacturer directly, then the Supplier, distributor, vendor, etc. will be responsible for obtaining and providing these certifications to the parties purchasing the products.

Primarily Iron or Steel- A product is made of greater than 50 percent iron or steel on a materials cost basis.

COMPLIANCE STEPS

1.) Manufacturer’s Certification Letters are the means to be used to verify compliance with Buy America Preference requirements. (Refer to the Sample Language for the Manufacturer’s Certification contained in the specifications.) The manufacturer’s certifications shall be submitted to the project Construction Manager/Engineer (A/E) along with the product and material submittals.

2.) Installation of materials that are non-compliant with Buy America Preference requirements shall be considered defective work. Contractor should ensure that A/E has been provided an

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approved Manufacturer’s Certification, or waiver, prior to any domestic compliant item being delivered to the project site.

3.) A project file containing a listing of all items used in the project subject to BABAA and their corresponding certification letters must be kept and maintained throughout the course of the project.

4.) Contractor shall submit a completed Contractor’s Certification to the A/E with each submittal to certify that all iron and steel products, manufactured products, and construction materials installed for this project complied with BABAA requirements. (Refer to the sample language for the Contractor’s Certification contained in the specifications.)

5.) Upon Project Completion, the A/E shall provide copies of the following items to both the Owner:
a.) Contractor’s Certification Letter of compliance with BABAA b.) Manufacturers’ Certification Letters

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MANUFACTURER’S CERTIFICATION OF COMPLIANCE

SAMPLE LANGUAGE
Note: This exhibit provides sample language for the Manufacturer’s Certification of Compliance with Buy America Preference requirements. Contractor should ensure that the Contractor/Engineer has an approved Manufacturer’s Certification prior to any domestic preference item being delivered to the project site. The Manufacturer’s Certification should be on letterhead and should identify the project, the specific item(s) being certified, reference the Build America, Buy America Act and be signed by an authorized company representative.

Date
Company Name
Company Address
Subject: Domestic Preference Requirement Certification for:

Owner’s Name
Project Name and Location (City, State)
Sample Text:

I hereby certify that the following products(s) and/or material(s) shipped or provided for the subject project are in full compliance with the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, Sections 70901-70953.
{List common names of items, products and/or materials} Authorized Representative
_____________________
(Signature)

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CONTRACTOR’S CERTIFICATION OF COMPLIANCE

SAMPLE LANGUAGE
Note: This exhibit provides sample language that the Contractor can use to certify compliance with the Buy America Preference requirements. A certification is to be provided by Contractor to the Construction Manager/Engineer for delivery to the Owner with each submittal.

The certification should be on letterhead, reference the Build America, Buy America Act and be signed by an authorized company representative.

Date
Owner Name
Project Name and Location (City, State)
I hereby certify that to the best of my knowledge and belief, all iron and steel products, Manufactured Products, and Construction Materials installed for this project by my company and by any and all subcontractors and manufacturers my company has contracted with for this project comply the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, Sections 70901-70953. or are the subject of a waiver approved by the COPS Office.

Company Name
Authorized Representative
_____________________
(Signature)

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EXHIBIT “J”

DAVIS-BACON WAGE DETERMINATION
"General Decision Number: CA20250022 10/03/2025
Superseded General Decision Number: CA20240022
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Los Angeles County in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2025. |
|______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the |

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|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/03/2025
1 01/24/2025
2 02/07/2025
3 02/21/2025
4 02/28/2025
5 03/28/2025
6 06/06/2025
7 08/01/2025
8 08/08/2025
9 08/15/2025
10 08/22/2025
11 09/05/2025
12 09/19/2025
13 09/26/2025
14 10/03/2025
ASBE0005-002 09/01/2024
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of

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all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 56.32 26.52
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 39.94 20.65
---------------------------------------------------------------- ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37
---------------------------------------------------------------- BOIL0092-003 01/01/2024
Rates Fringes
BOILERMAKER......................$ 51.98 42.11
---------------------------------------------------------------- * BRCA0004-007 05/01/2024
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 45.53 20.29
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2024

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Rates Fringes
MARBLE FINISHER..................$ 43.38 15.36
TILE FINISHER....................$ 37.96 13.77
TILE LAYER.......................$ 51.82 19.32
---------------------------------------------------------------- BRCA0018-010 09/01/2024
Rates Fringes
TERRAZZO FINISHER................$ 42.11 14.67
TERRAZZO WORKER/SETTER...........$ 49.62 15.26
---------------------------------------------------------------- CARP0213-001 07/01/2025
Rates Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 52.24 26.18
(2) Millwright..............$ 52.24 26.68
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 52.37 26.18
(4) Pneumatic Nailer,
Power Stapler...............$ 52.37 26.18
(5) Sawfiler...............$ 52.34 26.18
(6) Scaffold Builder.......$ 45.37 25.43
(7) Table Power Saw
Operator....................$ 52.34 26.18
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.

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---------------------------------------------------------------- CARP0213-002 07/01/2025
Rates Fringes
Diver
(1) Wet.....................$ 901.92 26.18
(2) Standby.................$ 450.96 26.18
(3) Tender..................$ 442.96 26.18
(4) Assistant Tender........$ 418.96 26.18
Amounts in ""Rates' column are per day
---------------------------------------------------------------- CARP0213-004 07/01/2025
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 52.24 26.18
STOCKER/SCRAPPER............$ 21.45 11.27
---------------------------------------------------------------- CARP0721-001 07/01/2025
Rates Fringes
Modular Furniture Installer......$ 25.00 13.06
---------------------------------------------------------------- ELEC0011-004 06/30/2023
Rates Fringes

ELECTRICIAN (INSIDE

ELECTRICAL WORK)
Journeyman Electrician......$ 60.80 3%+29.77

ELECTRICIAN (INTELLIGENT
TRANSPORTATION SYSTEMS Street
Lighting, Traffic Signals,
CCTV,and Underground Systems)
Journeyman Transportation
Electrician.................$ 60.80 3%+29.77
Technician..................$ 45.60 3%+29.77
FOOT NOTE:

CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate.

TUNNEL WORK: 10% additional per hour.

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SCOPE OF WORK - TRANSPORTATION SYSTEMS
ELECTRICIAN:

Installation of street lights and traffic signals,including electrical circuitry, programmable controllers,
pedestal-mounted electrical meter enclosures and laying of pre-assembled multi-conductor cable in ducts, layout of electrical systems and communication installation,
including proper position of trench depths and radius at duct banks, location for man
holes, pull boxes, street lights and traffic signals.

Installation of underground ducts for electrical,telephone, cable television and communication systems.

Pulling,termination and
splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector loop, fiber optic cable and video/cable.

TECHNICIAN:

Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems
including interconnect, detector loop, fiber optic cable and video/data.
---------------------------------------------------------------- * ELEC0011-007 01/01/2024
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer...................$ 46.47 3%+17.08
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground

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music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media,
multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock
systems.

A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low-Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave Guide
C. *Fire Alarm Systems-installation, wire pulling and
testing.

D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and CCTV
E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems
*Fire Alarm Systems

1. Fire Alarms-In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and fringe benefits.

2. Fire Alarms-Open Wire Systems: installed by the Technician. ---------------------------------------------------------------- ELEC1245-001 01/01/2025

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LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.71
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30 22.26
(3) Groundman...............$ 40.76 21.76
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0018-001 01/01/2025
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ELEVATOR MECHANIC................$ 69.43 38.435+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-004 08/01/2024
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OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 38.75
(2) Dredge dozer............$ 58.13 38.75
(3) Deckmate................$ 58.02 38.75
(4) Winch operator (stern

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winch on dredge)............$ 57.47 38.75
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 38.75
(6) Barge Mate..............$ 57.54 38.75
---------------------------------------------------------------- ENGI0012-024 07/01/2023
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OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80

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GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant