Agreement Between City of Manhattan Beach and American Wrecking — Manhattan Beach City Council, November 6, 2024

12100-0001\2654178v1.doc
City of MB Form

CITY OF MANHATTAN BEACH

EMERGENCY PROCUREMENT

LOT 3 PARKING STRUCTURE

EMERGENCY DEMOLITION

SEPTEMBER 2024

CITY OF MANHATTAN BEACH

PUBLIC WORKS DEPARTMENT

JEFF FIJALKA
1400 HIGHLAND AVENUE
MANHATTAN BEACH, CA 90266

Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
City of MB Form

PROJECT DESCRIPTION ................................ ................................ ................................ ......... A-1 BID SCHEDULE ................................ ................................ ................................ ........................ B-1 CONTRACT ................................ ................................ ................................ ................................ C-1 PAYMENT BOND (LABOR AND MATERIALS) ................................ ................................ ........... C-5 PERFORMANCE BOND ................................ ................................ ................................ ............ C-7 GENERAL PROVISIONS ................................ ................................ ................................ ............ 1-1

APPENDIX I PROGRESS PAYMENT REQUEST FORM ................................ ........ APPENDIX I-1 APPENDIX II DAILY REPORT ................................ ................................ ................ APPENDIX II-1 APPENDIX III COMPREHENSIVE ASBESTOS SURVEY REPORT………………...APPENDIX III-1

APPENDIX IV COMPREHENSIVE LEAD-BASED PAINT SURVEY REPORT…….APPENDIX IV-1

Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
City of MB Form A-1

PROJECT DESCRIPTION
The City-owned Lot 3 Parking Structure is located at 1155 Morningside Drive, Manhattan Beach, CA 90266. The structure is roughly rectangular in plan with two elevated levels and one level on grade. It provides 53,050 square feet of parking area and approximately 145 parking spaces. The overall dimensions of the structure are approximately 100 -feet by 170 -feet. The structure was constructed in 1971 and was in operation until July 2024 when the City permanently closed the facility due to concerns relating to advanced deterioration of structural members and inadequacies of the structure’s seismic resisting systems. The City is now solic iting proposals from qualified contractors to demolish the structure.

Lot 3 is located within the downtown business district and is surrounded by s hops, restaurants, ofﬁces, beachgoers, and pier visitors. Additionally, a weekly Farmer’s Market is held approximately one block away from the structure every Tuesday. Frequent trash pickup, business deliveries, and pedestrian and vehicle traffic are expected.

To lessen the parking impact on the City’s downtown area while demolition activities are underway, vehicles owned by the Demolition Co ntractor, as well as pers onal vehicles belonging to the Contractor’s employees will not be permitted within the downtown area. The City will specify an alternate parking location within the City and the Contractor shall arrange for carpooling accordingly. Work vehicles may be parked within the Contractor’s enclosed work area.

SCOPE OF WORK.

This project entails complete emergency demolition of Parking Structure Lot 3. This includes, but is not limited to, demolition, hauling, and disposal of structural concrete flat slabs, steel beams, girders, and miscellaneous appurtenant electrical equipment and signage. The masonry wall at the westerly edge of the structure shall be reduced to a height of 42” above the highest adjacent grade, and the footing for this wall will remain in place. All other footings indicated on the as-built drawings shall be excavated and removed. Additionally, existing curb and gutter along the north and east property lines may remain in place , however adjacent sidewalks will be removed the Contractor.

After removal off all footings and floor slab, the Contractor shall establish a level grade approximately 9” below the top of adjacent perimeter concrete.

The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of bids. Actual quantities of Work to be performed may vary at the discretion of the City Engineer. Time for completion of the Work will be 40 total Working Days from the date specified in the Notice to Proceed with Construction.

The 2024 edition of “Standard Specifications for Public Works Construction”, as amended by the Contract Documents, is incorporated into the Contract Documents by this reference, unless otherwise noted.

Refer to the bid schedule for bid item descriptions.

WORKING DAYS AND HOURS
Unless otherwise authorized by the City Engineer:

a) The Contractor shall perform all Work between the hours of 6:30 a.m. and 6:00 p.m., Monday through Friday.
b) No Work will be allowed on Saturday, Sunday, or City holidays listed on the City’s website, unless Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
City of MB Form A-2
authorized by the City Engineer. If a holiday falls upon a Sunday, the following Monday shall be the day the holiday is observed, and if a holiday falls upon a Saturday, the preceding Friday shall be the day the holiday is observed.
c) No Work will be allowed on any election or special election day that may be declared within a 300-foot radius of any voting location or in any location that will disturb access to any voting location, as determined and directed by the City Engineer. If the Work is within the 300-foot radius or disturbs access to any voting location, as determined by the City Engineer, a time extension of one Working Day will be granted for each such Day that Work cannot be performed.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.

BONDS. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney.

LICENSES. Each Bidder shall possess a valid Class C21 Contractor’s license issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award.

BIDDING. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.

DISCREPANCIES IN BIDS. The unit prices for each Bid Item shall be properly entered in the Bid Schedule. Each Bidder shall set forth as to each item of Work, a unit or line item Bid amount for the item in the respective spaces provided for this purpose.

In case of discrepancy between the unit price and the line total set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the “Line Total” column, then the amount set forth in the “Line Total” column for the item shall prevail in accordance with the following:

(1) As to lump sum items, the amount set forth in the “Line Item” column shall be the unit price.

(2) As to unit price items, the amount set forth in the “ Line Item” column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price.

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City of MB Form A-3

In case of discrepancy between words and figures, the words shall prevail.

COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors.

BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. The Bidder, at its sole cost and expense, is required to carefully examine the Contract Documents and the Project site to become fully acquainted with the conditions affecting the Work. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the site shall not relieve such Bidder from any obligation relating to the Bid, the Contract, or the Work required under the Contract Documents.

The City assumes no responsibility or liability to any Bidder for, nor shall the City be bound by, any understandings, oral representations or oral agreements of the City’s agents, employees or officers concerning the Contract Documents or the Work made pr ior to execution of the C ontract. By submitting a Bid, Bidder represents: (1) that Bidder has read and understands the Contract Documents; (2) the Bid is made in compliance with the Contract Documents and is based upon the labor, materials, equipment, and systems required by the Contract Documents; (3) that Bidder understands that all labor, materials, equipment, and systems to be furnished for the Work shall be furnished for the prices bid; (4) that it has visited the Project site, familiarized itself with the local conditions under which the Work is to be performed; (5) that it is fully experienced, qualified and competent to perform the Work set forth in the Contract Documents; (6) that it shall not damage or endanger and shall preserve and protect adjacent properties; (7) that it is properly equipped, organized, and financed to perform the Work; (8) that it is properly permitted and licensed by the California Contractors State Licensing Board to perform the Work; (9) that it has familiarized itself with all conditions bearing upon transportation, disposal, handling, and storage of materials; (10) that it has familiarized itself with the availability of labor, water, electric power, and roads; (11) that it has familiarized itself with uncertainties of weather, or similar physical conditions at the Project site; (12) that it has familiarized itself with the character of equipment a nd facilities needed preliminary to and during performance of the Work; (13) that it has familiarized itself with the staging and material storage constraints of the Project site and surrounding buildings and will confine its staging and storage operations to approved areas; and (14) that it will coordinate its construction activities with the other contractors performing work on the Project site, if any, including, but not limited to, any separate contractor retained by the City.

No information derived from an inspection of records or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and waive and release the City with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law.

The omission of any portion or item of Work from the Bid that is reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time.

DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested in Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
City of MB Form A-4
more than one Bid for the Project. A Person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected.

AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award will be made under emergency procurement procedures per Section 22035 of the Public Contract Code.

INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the City evidence of all required insurance coverage (including all additional insured endorsements), a Bond guaranteeing the Contractor’s faithful performance of the Contract, and a Bond securing the payment of claims for labor and materials. Where a Contractor has entered into an agreement with a Professional Employment Organization (PEO) to provide human resources, workers' compensation insurance, or other benefits to the Contractor's employees, the Contractor must also submit the agreement with the PEO for review by the City.

INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the intended meaning of any part of the Contract Documents, or that finds discrepancies in or omissions from the Contract Documents, may submit to the City Engineer a written request for an interpretation or correction. Requests for clarification received after bid submission will be disregarded.

TAXES. Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, State or local authorities on materials used or furnished by the Contractor in performing the Work shall be paid by the Contractor. The Bidder shall calculate payment for all sales, unemployment, pension and other taxes imposed by federal, State, and local law and shall include these payments in computing the Bid.

By: Jeff Fijalka for September 9, 2024
Katherine Doherty, City Engineer Date

Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
City of MB Form
B-1

CITY OF MANHATTAN BEACH

BID SCHEDULE FOR
Lot 3 Parking Structure Emergency Demolition

Bidder’s Name: American Wrecking Inc.

Bidder’s Address: 2459 Lee Ave., So. El Monte, CA 91733 The undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices:

A list of bid item descriptions is provided following the bid schedules.

Base Bid Items as Follows:

BASE BID SCHEDULE:

ITEM
NO.

CODE

DESCRIPTION

UNIT ESTIMATED

QUANTITY
UNIT
PRICES

EXTENDED
AMOUNT

1 %
Mobilization (10%
maximum of Total
Bid Price)

1 $13,098
2 %
Stormwater Control,
BMPs, and NPDES
Compliance
LS 1

$ 1,465
3 %
Traffic Control
LS 1

$ 2,000
4 %
Custom Built
Pedestrian Canopy
(Minimum 8’ Wide)
LS 1 $ 21,000
5 % Parking Structure
Demolition LS 1 $132,437
6 %
Special Project Site
Maintenance and
Public Convenience
and Safety
LS 1 $20,000 $20,000
7 S, C Asbestos and Lead
Abatement LS 1 $48,887
TOTAL BASE BID SCHEDULE: $ 238,887
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Bid Item Descriptions: (In order of bid items)

1) Mobilization (10% maximum of Total Bid Price): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract ite ms on the project site, as well as the related demobilization costs anticipated at the completion of the project. Refer to the Standard Specifications for Public Works Construction “Greenbook” for information regarding staging and storage. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in Mobilization . No additional compensation will be allowed for additional mobilizations required, including but not limited to, extra work, or delays discovered during construction operations.

2) Stormwater Control, BMPs, and NPDES Compliance: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for stormwater pollution control, best management practices, and water pollution control plans as noted in Standard Specifications for Public Works Construction “Greenbook” Worksite Maintenance.

3) Traffic Control : Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for vehicular and pedestrian traffic controls, traffic control plans, placement, removal, storage, relocation, revisions, incidentals, maintenance of vehicular and pedestrian access, detours, street closures, disposal, and replacement of components of traffic control including channelizers (surface mounted), temporary railing (Type K) markers, delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable changeable message signs in accordance with the latest Standard Specifications for Public Works Construction “Greenbook” Part 6 Temporary Traffic Control, latest California Manual on Uniform Traffic Control Devices “MUTCD”, latest Work Area Traffic Control Handbook “WATCH”, and as directed by the Engineer, and no additional compensation will be allowed therefor. Nothing in the Special Provisions shall be construed as relieving the Contractor from his or her responsibility to provide for the safety and convenience of traffic and the public during construction.

4) Custom Built Pedestrian Canopy (Minimum 8’ Wide ): Custom built pedestrian safety canopy shall provide protected access for pedestrians and trash collection along the full length of Lot 3 at Center Place, at approximately 190 feet. Material shall be made of high strength materials designed to provide maximum protection for pedestrians from falling debris , heavy loads, and other construction and weather hazards. This canopy is essential for ensuring safety around the construction site and the required egress from adjacent properties and shall be routinely inspected by the Contractor. All local and federal safety regulations, including OSHA standards, must be met. The canopy shall have i ntegrated lighting for nighttime visibility, signage for pedestrian guidance, and side panels for additional protection. The contractor shall provide all professional engineer stamped and signed scaffolding drawings, details, and calculation for the City’s review and approval prior to installation.

5) Parking Structure Demolition: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the complete demolition, dust mitigation, hauling, and disposal of the existing parking structure, including all above and necessary below ground components, concrete flat slabs, steel beams, and girders foundations, and associated utilities to create a roughly graded flat finish surface. All demolition debris shall be disposed of according to an approved Construction and Demolition Waste Management Plan. Refer to Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
City of MB Form
B-3
Section 9 of the General Provisions for additional information.

6) Special Project Site Maintenance (Only as Directed By City): To maintain good public relations, the City may deem it necessary to require special Project site maintenance, public convenience, safety actions, and work to be performed by the Contractor. These actions and work shall be as directed by the Engineer in wr iting, and payment for compliance therewith shall be on a cost plus basis for extra work per Section 7 -4 of the Standard Specifications for Public Works Construction and applied against the not-to-exceed bid item for “Special Project Site Maintenance and Public Convenience and Safety.”

7) Asbestos and Lead Abatement: After the bid submittal deadline, the City obtained information on changed conditions that were unforeseen and relate to asbestos and lead-based paint. As a result of the emergency, immediate removal of those materials is necessary and warrant a revision to the Scope of Work and Contract price. Therefore, work under this item shall include, but not be limited to, all labor, tools, equipment, material, reports, and administrative costs for the complete abatement, removal, hauling, and disposal for asbestos and lead abatement noted in the survey performed by Patriot Environemental Laboratory Services, Inc., in Appendix III and IV. Work shall be performed by licensed and certified crews in compliance with all City, County, State, and Federal Regulations.

Assumptions and Exclusions:
• City will pay for all necessary permits
• City will provide water
• Project is to be completed in a one move-in continuous operation • A 12th Street closure along the northern boundary of Lot 3 may be made available for staging
• Locating and disconnecting utilities is not included
• All salvageable items will be removed by the City prior to start NOTES:

1) In the CODE column (S) denotes a specialty item, (%) denotes progress payments for that lump sum item will be allowed based on the percentage of completion in each pay period, and (C) denotes payments will be made after the completion of the lump sum item.
2) In the UNIT column (LS) denotes a lump sum item.
3) For lump sum items, see Note 1 and 2. The Bid Price shall include, but not limited to, sales tax and all other applicable taxes and fees.

TOTAL BID PRICE IN DIGITS: $ 238,887

TOTAL BID PRICE IN WORDS: Two hundred thirty-eight thousand, eight hundred eighty-seven dollars

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The bidder certifies to have a minimum of three consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The bidder also certifies to be properly licensed by the State as a contractor to perform this type of Work and possesses a California Contractor’s License

Number 685192, Class C21, which expires on 03-31-2026 .

Signature: Title: Vice President Date:

Signature:

Title: CFO

Date:

Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 10/17/2024
10/17/2024

12100-0001\2654178v1.doc
City of MB Form
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BIDDER’S PROPOSAL – CONTRACTOR’S STATEMENT
Lot 3 Parking Structure Emergency Demolition
Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder’s Name:
(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement.
(3) Business Address:
(4) Telephone: Email:
(5) Type of Firm – Individual, Partnership, LLC or Corporation:
(6) Corporation organized under the laws of the State of:
(7) California State Contractor’s License Number and Class:

Original Date Issued: Expiration Date:
(8) DIR Contractor Registration Number:
(9) List the name and title of the person(s) who inspected the Project site for your firm:
(10) Number of years’ experience the company has as a contractor in construction work:
(11) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this Bid:
(12) List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal having interest in this Bid:

American Wrecking, Inc.

N/A
2459 Lee Avenu., So. El Monte, CA 91733
(626) 350-8303
[email protected]
Corporation
California
685192 - C21 B ASB C22
03-31-2026
1000405419
Edwin Garcia
35 Jose Luis Galaviz - President
Juan G. Galaviz - Vice President
N/A
Carlos Galaviz - CFO
2459 Lee Avenu., So. El Monte, CA 91733
2459 Lee Avenu., So. El Monte, CA 91733
2459 Lee Avenu., So. El Monte, CA 91733
(626) 350-8303
(626) 350-8303
(626) 350-8303
03-14-1994
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(13) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid:

(14) For all arbitrations, claims, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five years:

a. List the names, addresses and telephone numbers of contact persons for the parties:

b. Briefly summarize the parties’ claims and defenses:

c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:

(15) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain.

N/A
N/A
N/A
N/A
None / NA
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City of MB Form
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(16) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain.

(17) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a “termination of convenience”? If yes, explain.

(18) For projects that the company or any principal having an interest in this Bid has been involved with in the last five years, did you have any claims or actions:

a. By you against the owner? Circle one: Yes No

b. By the owner against you? Circle one: Yes No

c. By any agency or individual

d. By any outside agency or individual for labor compliance? Circle one: Yes No

e. By Subcontractors? Circle one: Yes No

f. Are any of these claims or actions unresolved or outstanding? Circle one: Yes No

If your answer is “yes” to any part or parts of this question, explain.

(19) Has the company or any of its principals ever been debarred by any agencies? Is yes, please explain.

None / NA
None / NA
N/A
N/A
No
Yes
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City of MB Form
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(20) For all public agency projects in excess of $15,000.00 that you are currently working on or have worked on in the past two years, provide the following information:

Project 1 Name/Number

Project Description

Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did any individual file any claims against you or any Subcontractor? Circle one: Yes No

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 2 Name/Number

Project Description

Approximate Construction Date From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Perris High School - Pool Project
Demo of Pool and Site Demolition
177,000.00
177,000.00
Perris Union HSD c/o Miller Construction
N/A
N/A
N/A
San Bernardino County
Complete abatement, Demo and replace three (3) restrooms located at small lake, playground and Meadowlark
11/1/2022
12/16/2022
Glen Helen Park Restroom Replacement
Elsy Banks
(909) 677-7950
432 W. Meats Ave
133,000.00
$133,000.00
06-23-2024
7/30/2024
(909) 484-1009
8447 Maple Place, Rancho Cucamonga CA 91730
Ruben Acosta
Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
City of MB Form
B-9

Did any individual file any claims against you or any Subcontractor? Circle one: Yes No

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 3 Name/Number

Project Description
Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did any individual file any claims against you or any Subcontractor? Circle one: Yes No

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 4 Name/Number

Project Description
Approximate Construction Dates From: To
N/A
Paloma Valley High School - Demolition Project
175,700.00
Demolition
Perris Union HSD c/o Miller Construction
Ruben Acosta
(909) 484-1009
8447 Maple Place, Rancho Cucamonga CA 91730
175,700.00
N/A
N/A
La Serna Highs School Pool Replacement
Demolition of pool with walls and floor, trees canopy and below grade water storage tank and haul away resulting debris, concrete and asphalt. 9/30/2023
7/19/2023
7/5/2022
8/5/2022
Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
City of MB Form
B-10
Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did any individual file any claims against you or any Subcontractor? Circle one: Yes No

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 5 Name/Number

Project Description

Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did any individual file any claims against you or any Subcontractor? Circle one: Yes No

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No 115,000.00
115,000.00
N/A
Whittier Unified Schol District c/o Miller Construction Robert Tichy
(909) 484-1009
8447 Maple Place, Rancho Cucamonga CA 91730
N/A
Metro at Florence Apartments
Demolition of building inc. slabs and foundations and asphalt pavement MetFlo LP c/o Meta Development LLC - Westport Construction (626) 447-2448
Robert Dauth
125 W. Maple Ave., Monrovia CA 91016
117,900.00
117,900.00
N/A
02-16-2024
03-31-2024
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If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 6 Name/Number

Project Description
Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did any individual file any claims against you or any Subcontractor? Circle one: Yes No

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

[Continue to Next Page]
N/A
172,195.00
201,823.50
Scott Bricker
(909) 483-2444
11/21/2022
12/28/2022
SAS-2200 Santa Angelina Senior Project
NCR of CA
9421 Haven Ave, Rancho Cucamonga CA 91730
Additional trees; Asbestos testing & Procedure 5
N/A
Demolition of existing classroom building and cafeteria builsing inc. trees & asphalt curb and gutter
Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
City of MB Form
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DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]

Lot 3 Parking Structure Emergency Demolition

List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bri dges, in excess of one -half of one percent of the Contractor’s total Bid or $10,000.00, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name under which
Subcontractor is
Licensed
and Registered
CSLB License
Number(s) and
Class(es)
DIR
Contractor
Registration
Number

Address and Phone Number

Type of Work
(e.g., Electrical)

Percentage of Total
Bid (e.g., 10%)*

*The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).

CSI Scaffolding

6.63%

11.05%
938332
1000001008
20515 Fuero Dr, Walnut CA 91789
835630
1000001499
14928 S. Maple Ave, Gardena CA 90248
Claypool Frank
Concrete Cutting Inc
Concrete Cutting
Scaffolding

17.68%
Force
Environmental, Inc.
867264
1000031987
12288 Rancho Heights Rd, Pala CA 92059
Asbestos and
Lead Abatement
20%
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Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE

Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE American Wrecking Inc. 09/17/2024
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City of MB Form
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CONTRACT

CITY OF MANHATTAN BEACH CONTRACT FOR
Lot 3 Parking Structure Emergency Demolition

THIS CONTRACT (“Contract”) is made and entered this 10 th day of October 2024 ( “Effective Date”), by and between the CITY OF MANHATTAN BEACH, a California municipal Corporation (“City”) and AMERICAN WRECKING, INC. , a California corporation (“Contractor”). The Contractor’s California State Contractor’s license number is 685192.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post - Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Prov isions, Plans, Standard Plans, 2024 edition of the Standard Specifications for Public Works Construction “Greenbook” (“Standard Specifications”) as amended by the Contract Documents, Reference Specifications, Addenda, Change Orders, and Supplemental Agreem ents. The Contract Documents are attached hereto and incorporated herein by reference. In the event of any conflict between this Contract and any Exhibit attached hereto or any document referenced herein, the provisions of this Contract shall control.

2. Scope of Services . The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work in a good and workmanlike manner for the project identified as Lot 3 Parking Structure Emergency Demolition (“Project”), as described in the Contract Documents and in accordance with any further written instructions, if any, of the Director of Public Works or his/her designated representative.

3. Compensation.

3.1 Contract Price and Basis for Payment . In consideration for the Contractor’s full, complete, and timely performance of the Work required by the Contract Documents, the City shall pay the Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder’s Proposal submitted with the Bid. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the City is $ 238,887 (“Contract Price”). It is understood and agreed that the quantities set forth in the Bidder’s Proposal for which unit prices are fixed are estimates only and that the City will pay and the Contractor will accept, as full payment for these items of work, the unit prices set forth in the Bidder’s Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the Engineer.

3.2 Payment Procedures . Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications.

4. Contract Time.

4.1 Notice to Proceed with Construction. The City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently fulfill preconstruction requirements as set forth in Subsection 4.2 of this Contract, prosecute the Work, including corrective punch list items of Work, day to day thereafter, within the remaining Contract Time (except as adjusted by Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
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subsequent Change Orders). The date specified in the Notice to Proceed with Construction constitutes the date of commencement of the Contract Time of 40 Working Days.

4.2 Preconstruction Requirements. The Contractor shall diligently fulfill preconstruction requirements, prepare and transmit to the Engineer all pertinent submittals and/or request for information (RFI), and coordinate the date and time for the Project Preconstruction Meeting with the City, outside agencies, and other pertinent stakeholders.

Preconstruction requirements include, but are not limited to, the following:

• Submitting and obtaining approval of Baseline Schedule.

• Submitting and obtaining approval of Traffic Control Plans and Haul Routes.

• Submitting and obtaining approval of the Stormwater Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP).

• Submitting a Construction & Demolition Waste Management Plan per Manhattan Beach Municipal Code 5.26

• Submitting and obtaining approval of a Project Staffing List with contact information, Illness and Injury Prevention Plan, and a Project Emergency Contact List.

5. Liquidated Damages for Delay and Control of Work.

5.1 Liquidated Damages . For th e purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the Engineer, and the Enginee r has certified such completion in accordance with Section 3 -13.1 of the Standard Specifications. The liquidated damages value of Section 6 -9 of the Standard Specifications is hereby amended to be $2,000 per day. Time is of the essence in this Contract.

6. Early Completion.

6.1 Bonus for Early Completion. If the Contractor completes the Work prior to the date established in this Contract (as such may be extended in accordance with the Contract Documents), then the Contractor will be entitled to an early completion bonus equal to $2,000 for each Working Day that the Work is completed prior to the date established in this Contract.

6.2 City Not Liable for Contractor Failure to Achieve Early Completion . While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the City is exempt from liability for and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for the Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever.

7. Antitrust Claims. In entering into this Contract, the Contractor 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. Sec.§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, servi ces, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
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payment to the Contractor without further acknowledgment by the parties.

8. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply.

9. Workers’ Compensation . Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with suc h provisions before commencing the performance of the Work of this Contract.”

10. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

11. Authority. Any person executing this Contract on behalf of the Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.

12. Entire Agreement . This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrate Contract between the City and the Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

13. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

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City:

City of Manhattan Beach,
a California municipal corporation
By:

Name: Talyn Mirzakhanian
Title: Acting City Manager
Date:

APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
Date:

APPROVED AS TO CONTENT:

By:

Name: Erick Lee
Title: Public Works Director
Date:

Contractor:

American Wrecking, Inc.,
a California corporation
By:

Name: Juan G. Galaviz
Title: Vice President
Date:

By:

Name: Carlos Galaviz
Title: Chief Financial Officer
Date:

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
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CHECKLIST FOR EXECUTION OF CONTRACT

TO BE SUBMITTED BY SUCCESSFUL BIDDER:

Executed copy of the Contract (will be sent via DocuSign)

Completed, signed, and notarized Payment Bond (one original and one electronic copy) in amount of the Contract

Completed, signed, and notarized Performance Bond (one original and one electronic copy) in amount of the Contract

Workers’ Compensation Certificate with attached Certificate of Insurance General Liability insurance certificate naming the City as a co-insured Automobile insurance naming the City as a co-insured
Umbrella/Excess Liability (General aggregate) insurance certificate naming the City as a co-insured, if applicable

Additional insured endorsement – comprehensive general liability Additional insured endorsement – automobile liability
Additional insured endorsement – excess liability

Primary and Non-Contributory Endorsement- General Liability Policy Waiver of Subrogation - general liability
Waiver of Subrogation - Worker’s Compensation

W-9 Request for Taxpayer Identification Number and Certification Form

Verification of Authority to Sign Document

DocuSign Contact Signature Form

ALL SUBMITTALS WILL BE RETAINED BY CITY, EXCEPT FOR ONE COPY OF THE

FULLY EXECUTED CONTRACT
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GENERAL PROVISIONS
SECTION 5 LEGAL RELATIONS AND RESPONSIBILITIES

5-4 INSURANCE

The first paragraph of Section 5-4.1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:

The Contractor shall provide and maintain insurance naming the City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds regardless of a ny inconsistent statement in the policy or any subsequent endorsement whether liability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in the Contract.

The City will not be liable for any accident, loss, or damage to the Work before completion, except as otherwise specified in Section 6-5.

The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect the insurance referenced in Section 5 -4 of the Standard Specifications, as modified below.

The following provisions are hereby added to Section 5-4.1 of the Standard Specifications:

5-4.1.1 Acceptability of Insurers.

The insurance policies required under this Section 5-4 shall be issued by an insurer authorized or admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 5-4.

5-4.1.2 Additional Insured.

The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

5-4.1.3 Primary and Non-Contributing.

The insurance policies required under this Section 5-4 shall apply on a primary non-contributing basis in relation to any other insurance or self -insurance available to the City. Any insurance or self-insurance maintained by the City, its officers, employees, agents or volunteers, shall be in excess of the Contractor’s insurance and shall not contribute with it. This provision shall also apply to any excess/umbrella liability policies.

5-4.1.4 Contractor’s Waiver of Subrogation.

The insurance policies required under this Section 5 -4 shall not prohibit the Contractor and the Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
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Contractor’s employees, agents or Subcontractors from waiving the right of subrogation prior to a loss. The Contractor hereby waives all rights of subrogation against the City.

5-4.1.5 Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, the Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to the City, or the Contractor shall procure a bond guaranteeing payment of losses and expenses.

5-4.1.6 Cancellations or Modifications to Coverage.

The Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 5-4 during the term of the Contract. The commercial general and automobile liability policies required under the Contract shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to the City. If any insurance policy required under this Section 5 -4 is canceled or reduced in coverage o r limits, the Contractor shall, within two business days of notice from the insurer, phone, fax or notify the City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

5-4.1.7 City Remedy for Noncompliance.

If the Contractor does not maintain the policies of insurance required under this Section 5-4 in full force and effect during the term of the Contract, or in the event any of the Contractor’s policies do not comply with the requirements under this Section 5 -4, the City may either immediately terminate the Contract or, if insurance is available at a reasonable cost, the City may, but has no duty to, take out the necessary insurance and pay, at the Contractor’s expense, the premium thereon. The Contractor shall promptly reimburse the City for any premium paid by the City or the City may withhold amounts sufficient to pay the premiums from payments due to the Contractor.

5-4.1.8 Evidence of Insurance.

At least two Working Days prior to the performance of Services under the Contract, the Contractor shall furnish the City’s Risk Manager with a certificate or certificates of insurance and all original endorsements (both of which must reference the same Policy number), evidencing and effecting the coverages required under Section 5 -4 of the Standard Specifications, as modified by this Section 5 -4. The endorsements are subject to approval by the City’s Risk Manager. The Contractor may provide complete, certified copies of all required insurance policies to the City.

The Contractor shall provide proof to the City’s Risk Manager that insurance policies expiring during the term of the Contract have been renewed or replac ed with other policies providing at least the same coverage. The Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements must specifically name the City of Manhattan Beach and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. The Contractor shall maintain current insurance certificates and endorsements on file with the City’s Risk Manager at all times during the term of this Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

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Where the Contractor has entered into an agreement with a Professional Employment Organization (PEO) to provide human resources, workers' compensation insurance, or other benefits to the Contractor's employees, the Contractor must also submit the agreement with the PEO. If the evidence of insurance submitted by the Contractor pursuant to this Section 5 -4 evidences that the insurance is provided by the PEO, all such PEO-provided insurance coverages and indemnities must comply with the requirements of these Contract Documents.

5-4.1.9 Indemnity Requirements not Limiting.

Procurement of insurance by the Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of the Contractor’s duty to indemnify the City under Section 5-8 of the Contract.

5-4.1.10 Subcontractor Insurance Requirements.

The Contractor shall require each of its Subcontractors that perform Services under the Contract to maintain insurance coverage that meets all of the requirements of this Section 5-4.

5-4.1.11 Replacement Insurance

The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage.

The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.

5-4.1.12 Subcontractors

The Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor’s insurance.

The provisions below shall supplement but not replace those provisions in Sections 5-4.2, 5-4.3, and 5-4.4 of the Standard Specifications.

5-4.2 General Liability Insurance

Instead of the minimum limits listed in Section 5-4.2 of the Standard Specifications, the Contractor shall procure and at all times during the term of the Contract carry, maintain, and keep in full force and effect Commercial General Liability Insurance with a minimum limit of $ 5,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $ 5,000,000.00 per project or location. If the Contractor is a limited liability company, the commercial general liability coverage shall be amended so that the Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

5-4.3 Workers’ Compensation Insurance

Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If the Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
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Contractor has no employees while performing the Work under the Contract, a Workers’ Compensation policy is not required, but the Contractor shall execute a declaration that it has no employees.

5-4.4 Automobile Insurance

Instead of the minimum limits listed in Section 5-4.4 of the Standard Specifications, the Contractor shall procure and at all times during the term of the Contract carry, maintain, and keep in full force and effect Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of the Contract with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If the Contractor does not use any owned, non-owned or hired vehicles in the performance of the Work under this Contract, the Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required by Subsection 5-4.2. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Pollution Liability policy.

5-4.5 Pollution Liability

Subsection 5-4.5 is hereby added to the Standard Specifications as follows:

The Contractor shall procure and at all times during the term of the Contract carry, maintain, and keep in full force and effect Pollution Liability with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. The Pollution Liability shall not contain lead-based paint or asbestos exclusions.

5-4.6 Insurance Requirements not Limiting

Subsection 5-4.6 is hereby added to the Standard Specifications as follows:

If the Contractor maintains broader coverage and/or higher limits than the minimums required above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in e xcess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of the Contractor under this Contract.

5-4.7 Umbrella or Excess Policy

The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Contract. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance c overages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.

5-7 SAFETY

The provisions below shall supplement but not replace those provisions in Subsection 5-7 of the Standard Specifications.

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5-7.8 Steel Plate Covers

5-7.8 .1 General

The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers.

5-8 INDEMNIFICATION

The following indemnity provisions shall supersede the indemnity in Section 5-4.1 of the Standard Specifications.

5-8.1 Contractor’s Duty.

To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgment s, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, insurers, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from t he sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The foregoing obligations include, but are not limited to, Liabilities arising from any asbestos. lead-based paint or other hazardous substance inspection, clean-up, monitoring, abatement, removal, and/or remediation services or work in the performance of the Contract, Liabilities arising from demands by third parties that waste generated during the work which is the subject of this Contract were improperly reused by Contractor, were improperly transported or disposed of by Contractor, Liabilities that the waste contained hazardous substances, Liabilities that real or personal property has been damaged by the work, Liabilities of bodily injury , wrongful death, personal injury and/or property damage , Liabilities related to any alleged violations of any applicable federal , state and/or local laws, statutes and/or regulations, and Liabilities brought by any regulatory agency to recover its costs (including but not limited to response or oversight costs) related to the work. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. The Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

5-8.1.1 Taxes and Workers’ Compensation

The Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. The Contractor shall fully comply with the Workers’ Compensation law regarding the Contractor and the Contractor’s employees. The Contractor shall indemnify and hold the City Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
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harmless from any failure of the Contractor to comply with applicable Workers’ Compensation laws. The City may offset against the amount of any fees due to the Contractor under the Contract any amount due to the City from the Contractor as a result of the Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5-8.1.1.

5-8.1.2 Subcontractor Indemnity Agreements

The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5-8 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, incl uding the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

5-8.2 Workers’ Compensation Acts not Limiting.

The Contractor’s indemnifications and obligations under this Section 5 -8, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. The Contractor expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees and volunteers.

5-8.3 Insurance Requirements not Limiting.

The City does not, and shall not, waive any rights that it may possess against the Contractor because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 -8 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against the City.

5-8.4 Survival of Terms.

The Contractor’s indemnifications and obligations under this Section 5 -8 shall survive the expiration or termination of the Contract.

5-8.5 Civil Code Exception.

Nothing in this Section 5 -8 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement betwee n the parties or by the findings of a court of competent jurisdiction.

5-8.6 Nonwaiver of Rights.

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Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.

5-8.7 Waiver of Right of Subrogation.

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

SECTION 9. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLAN

9.1 GENERAL

To ensure that solid waste generated in the City is reduced, reused or recycled, the Contractor shall submit a “Waste Management Plan” (WMP) to the Engineer for review and approval, using the form found at the end of this Section 9. After the WMP has been reviewed by the Engineer, it will be returned to the Contractor in one of the following four status conditions:

• “Approved”

• “Further Explanation Required”: The Engineer will return the WMP to the Contractor with questions about the WMP. The Contractor shall resubmit plan with each of the City’s questions answered thoroughly.

• “Denied”: The Engineer will indicate the reasons for denial. The Contractor shall then re- submit a new WMP that complies with the requirements of this Section or request an Infeasibility Exemption.

• “Infeasibility Exemption Approved”

The Contractor shall follow the WMP and document results during demolition and construction.

Final documentation shall be submitted at the end of the project to the Engineer for review of compliance with the original WMP. The amount deducted from the final estimate and retained by the City in accordance with Section 7.3.1 and 7.3.2 for partial and final payment shall be withheld until final WMP is submitted to the City and approved by the City.

9-2 DEFINITIONS

a) “Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

b) “Construction and Demolition Debris” means used or discarded materials removed from premises during construction of the Project.

c) “Conversion Rate” means the rate set forth in the standardized Conversion Rate Table approved by the City Council pursuant to this Section for use in estimating the volume or weight Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
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of materials identified in a Construction and Demolition Waste Reduction and Recycling Plan.

d) “Divert” means to use material for any purpose other than disposal in a landfill. Diversion credit is given for source reduction (waste reduction), recycling, and composting.

e) “Diversion Requirement” means the diversion of at least 65% of the total Construction and Demolition Debris generated by a Project via reduction (source reduction), reuse or recycling, unless the Contractor has been granted an Infeasibility Exemption, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the Engineer.

f) “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. g) “Renovation” means any change, addition, or modification in an existing structure. h) “Reuse” means further or repeated use of Construction or Demolition Debris. An example is the reuse of crushed concrete as road base or as aggregate on the construction site.

i) “Salvage” means the controlled removal of Construction or Demolition Debris from project for the purpose of recycling, reuse, or storage for later recycling or reuse.

j) “Construction and Demolition Waste Management Plan” means a completed form, approved by the Engineer for the purpose of compliance with this Section, submitted by the Contractor/Contractor for any Covered or Noncovered Project that indicates the estimated diversion that the Contractor/Contractor anticipates in diverting from disposal.

k) “Construction and Demolition Waste Management Report” means a completed form, approved by the Engineer for the purpose of compliance with this Section, submitted by the Contractor for any Project that documents the disposal and diversion tonnages and destinations.

9-3 INFEASIBILITY EXEMPTION

a) Application. If the Contractor experiences unique circumstances that the Contractor believes make it infeasible to comply with the Diversion Requirement, the Contractor shall apply for an exemption at the time that it submits the WMP. The Contractor shall indicate on the WMP the maximum rate of diversion the Contractor believes is feasible for each material and the specific circumstances that the Contractor believes make it infeasible to comply with the Diversion Requirement.

b) The Engineer shall review the information supplied by the Contractor and may meet with the Contractor to discuss possible ways of meeting the Diversion Requirement. Based on the information supplied by the Contractor, the Engineer shall determine whether it is possible for the Contractor to meet the Diversion Requirement.

c) If the Engineer determines that it is infeasible for the Contractor to meet the Diversion Requirement due to unique circumstances, the Engineer shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the Contractor. The Engineer shall return a copy of the WMP to the Contractor marked “Infeasibility Exemption Approved.”

d) Denial of Exemption. If the Engineer determines that it is possible for the Contractor to meet the Diversion Requirement, the Engineer shall so inform the Contractor in writing. The Contractor Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
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will have 15 days to resubmit a new WMP. If the Contractor fails to resubmit a new WMP, or if the resubmitted WMP does not comply with the requirements of the plan, the Engineer shall deny the WMP.

9-4 DIVERSION PROGRAM

The methodology used to calculate diversion is based on the Title 14, California Code of Regulations, Article 6.1 Solid Waste Generation Study, Section 18722 et seq, and is consistent with CalRecycle measurement protocols. The following equation defines the “Generation -Based Diversion Quantification Methodology”:
9-5 ADDITIONAL INFORMATION

Other materials to assist the Contractor in completing the WMP can be found on the City’s website at www.manhattanbeach.gov.

• Construction and Demolition Debris Recycling Guide

• Construction and Demolition Recycling Brochure
Generation = Disposal + Diversion
Diversion Rate (%) = Diversion Tons

Generation Tons
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CITY OF MANHATTAN BEACH
Construction & Demolition Waste Management Plan
Manhattan Beach Municipal Code 5.26 requires construction projects to reuse or recycle 65% of all construction site waste (all demolition and roof tear-off projects, and all construction with a total value of $100,000).

REQUIRED GOAL: REUSE OR RECYCLE A MINIMUM OF 65% OF ALL PROJECT WASTE

Instructions:

1. Complete entire WMP & submit to the Project Manager as a project submittal.

2. Reuse and/or recycle at least 65% of all construction site waste and keep good records of all facility waste tickets.

3. Submit a copy of this WMP and ALL recycling and landfill facility weight tickets before Final Inspection to the Project Manager as a new project submittal. A COPY OF THIS WMP AND RECEIPTS OF ALL RECYCLING AND DISPOSAL SHALL BE SUBMITTED BEFORE FINAL PAYMENT WILL BE MADE BY THE CITY.

Fines for Non-Compliance (MBMC 5.26.020): Demo projects up to $5,000 and Construction projects up to $10,000

Project Name:

Project Address:

Type of Project: [ ] Street Improvement [ ] Water Main [ ] Sewer Main [ ] Storm Drain [ ] Other
Total Bid Price: $
Requesting Infeasibility Exemption: [ ] Yes [ ] No
Contractor Name:

Address:

Recycler:

Contact Name:

Contact Phone:

Recycler Contact:

Recycler Address: Recycler Contact Phone:

CITY USE ONLY

Approved
Application (Date) Final (Date)
Further explanation needed (see attached)
Denied
Infeasibility Exemption Approved
Reviewed By

Submit this form and the attached Waste Management Plan Table to: Project Manager by email or Engineering Division, City of Manhattan Beach 3621 Bell Avenue, Manhattan Beach, CA 90266 Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
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CITY OF MANHATTAN BEACH
Construction & Demolition Waste Management Plan Table
Project Name:

Total Estimated Waste Generated by Project: _ (IN TONS). (Ask your hauler, recycler or site cleanup vendor to assist you. Use receipts from your previous jobs for estimates.) Complete and return with Building Permit Application Complete and return with receipts prior to final building approval
Material Type Estimated
Reused/
Recycled
Estimated
Disposed/
Landfilled
Vendor or Facility
to be Used
(Destination)
Actual
Reused/
Recycled
Actual
Disposed/
Landfilled
Vendor or Facility
Used (Destination)
Asphalt & Concrete
Bricks/Masonry/Tiles
Building Materials (doors,
windows, fixtures, etc.)

Cardboard
Concrete Pavement and
Grindings

Drywall (new, unpainted)
Asphalt Pavement
Grindings

Landscape Debris (Plant &
Tree Trimmings)

Scrap Metal
Unpainted Wood & Pallets
Other (painted wood &
drywall, roofing, etc.)

Mixed C&D*
Trash/Garbage
TOTAL
*Mixed C&D is defined as a mixture of three or more materials (e.g., wood, drywall, roofing, etc.) from construction or demolition sites that will be taken to a “qualified” facility for recycling. (See C&D Debris Recycling Guide.)

If you are requesting an infeasibility exemption and the estimated amount reused/recycled is less than 65%, please explain why (attach additional sheets if necessary):

If the actual amount reused/recycled is less than 65%, please explain why:

Prepared by (please print): Date:

Contractor Signature: Phone Number:

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Conversion Rates

The following conversion rates are estimates. The ranges vary widely, depending on how the materials are handled (compacted, loose, chipped, etc.). Use the conversion factors and receipts from any previous projects to help you estimate the potential amount of materials and diversion. Take into consideration the type and load of vehicles that will be used to haul the materials. Ask your hauler or recycler to assist you in estimating these numbers.

Material Lbs/cy Tons/cy
Asphalt 1,400 lbs/cy 0.7 tons/cy
Brick 2,430 lbs/cy 1.21 tons/cy
Cardboard 100 lbs/cy 0.05 tons/cy
Concrete 2,600 lbs/cy
(Sources range from1,000 to 4,000) 1.3 tons/cy
Dirt/Soils 2,660 lbs/cy 1.33 tons/cy
Drywall 700 lbs/cy 0.35 tons/cy
Wood (chipped) 300 – 650 lbs/cy 0.15 – 0.3 tons/cy
Mixed C&D Debris 900 lbs/cy 0.45 tons/cy
Mixed Waste/Trash 100 – 350 lbs/cy 0.5 – 0.175 tons/cy
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Appendix I-1

APPENDIX I

PROGRESS PAYMENT REQUEST FORM

TO: CITY OF MANHATTAN BEACH
Engineering Division, 1400 Highland Avenue, Manhattan Beach, CA 90266 PROJECT TITLE _____________________________________________________________________________________________ PROJECT NO. _________________________________________________________________________ FROM: CONTRACTOR _ _ _ Date ________________________
Address ____________________________________________________________________________________________________ Telephone _
Submitted by _
Progress Estimate # _
Contract Award Amount $ _

No. Description Contract
Quantity
Previous
Quantity
Quantity This
Estimate
Unit
Price
Amount
This
Estimate
Total Quantity
to Date
Total Amount
to Date

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

Total
Less Retention
Less Previous Billing(s)
Total Amount Due

City Approval: _ _ Date: _

NOTE: An updated Project Schedule must be provided with each monthly progress payment in accordance with Section 7-3 of the General Provisions in addition to a Conditional Waiver and Release form per Section 7-3.2.1 Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE 12100-0001\2654178v1.doc
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Appendix II-1

APPENDIX II
CONTRACTOR’S DAILY REPORT TO THE CITY
(Only the Contractor’s Foreman and Superintendent is authorized to complete this form.)

Project Name: _ _ Project Location:

Date: Report No.: _ Start Time: _ End Time:

Contractor’s Company Name: _ _

Contractor’s Foreman/Superintendent: _ _
Name Signature
Work Accomplished

Equipment on Site Hours

Workers on Site Classification Hours Company

Note: It is the responsibility of the Contractor to provide this completed form to the City every working day by 5:30 PM, without fail. Failure to do so may result in the corresponding monthly progress payment to be delayed

Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE

September 26, 2024

Bianca Cardenas
City of Manhattan Beach
3621 Bell Avenue
Manhattan Beach, CA 90266

Re: Comprehensive Asbestos Survey
Public Parking Lot 3
12th Street x Morningside Drive
Manhattan Beach, CA 90266

Project No: LA172027

Dear Ms. Cardenas,
On September 18, 2024, California DOSH Certified Asbestos Consultant, Ms. Johana Quintana- Hernandez (CAC 19-6487) of Patriot Environmental Laboratory Services, Inc. (Patriot) performed an asbestos inspection at the above subject property located in Manhattan Beach, California. The purpose of the inspection was to determine if asbestos is present in the building materials for an upcoming demolition at the subject property.

Summary of Findings

The following asbestos-containing material was assumed:

Homogenous
Material
Sample
Number
Material
Location
Material
Condition (F/NF) Approximate
Quantity
Percent & Type of
Asbestos
Fire Rated Door
Insulation N/A 2nd Level
Metal Door Intact NF 100 SF *ASSUMED
F = Friable
NF = Non-Friable
* Ms. Johana Quintana-Hernandez CAC (19-6487) of Patriot is assuming that the fire rated door insulation material is an Asbestos Containing Material (ACM as defined by Rule 1403 - is a material that contains greater than 1% asbestos content) and therefore an asbestos abatement contractor must remove them prior to disturbance.

Note: The quantity of assumed asbestos-containing material identified in this report is an approximation. It is the responsibility of the abatement contractor to verify the actual quantity of material to be abated during their job walk for preparation of their bid.

APPENDIX III COMPREHENSIVE ASBESTOS SURVEY REPORT…
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Summary of Negative Results
The following materials were not identified as asbestos-containing materials:

Homogenous
Material
Sample
Number Material Location Material
Condition (F/NF) Approximate
Quantity
Percent
& Type
of
Asbestos
Concrete Bullard 1-6 1st Level and 2nd Level
Parking Structure Bullards Intact NF N/A None
Detected
Brick 7-12 Interior and Exterior Parking
Structure Walls Intact NF N/A None
Detected
Mortar 13-18 1st Level and 2nd Level
Parking Structure Walls Intact NF N/A None
Detected
Concrete 19-27 Interior and Exterior Parking
Structure Floors Intact NF 19,656 SF None
Detected
Grey
Weatherproofing
Coating
28A-30A 2nd Level Parking Structure
Floor Intact NF
19,656 SF None
Detected
Flooring Material 28B-30B 2nd Level Parking Structure
Floor Intact NF 19,656 SF None
Detected
Flooring Material 28C-30C 2nd Level Parking Structure
Floor Intact NF 19,656 SF None
Detected
F = Friable
NF = Non-Friable
Property Description

The subject property is a parking structure. The subject building is a three level metal frame building set on a cement slab foundation. At the time of this inspection, the identified asbestos- containing material was in intact condition. Additionally, Patriot observed no obvious fire or structural damage to the structure.

Scope of Work

On September 18, 2024, Ms. Johana Quintana-Hernandez (CAC 19-6487) of Patriot conducted an asbestos inspection at the subject property. The interior and exterior of the building were visually inspected for the purpose of identifying the specified suspect asbestos-containing materials listed in the summary table above. Once the inventory of suspect materials was created, physical bulk samples were collected of the materials from representative locations. Samples were collected in airtight containers. Upon collection, sample numbers , descriptions, and collection locations were entered onto a chain of custody for transportation via a Patriot employed courier (Eduardo Beltran) to Patriot's NVLAP accredited laboratory.

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Sample Protocol/Analysis

Samples were collected in accordance with the Asbestos Hazard Emergency Response Act (40 CFR 763 Subpart E) as mandated by Cal/OSHA (Title 8 Section 1529) and South Coast Air Quality Management District (Rule 1403).

Physical bulk samples were analyzed by Patriot Lab located at 5830B Hannum Avenue Culver City, CA 90230; office number 310-872-5227. Patriot Lab is accredited by the National Voluntary Laboratory Accreditation Program (200358-0). The method of analysis was Polarized Light Microscopy (EPA 600/M4-82-020).

Recommendations

If the assumed asbestos-containing material identified in this report is scheduled to be impacted by renovation or demolition activities, an asbestos abatement contractor must remove them prior to disturbance. Asbestos abatement contractors must be registered with the Division of Occupational Safety and Health.

Disclaimer

If additional suspect materials are discovered during renovation or demolition activities, all work should cease until a Certified Asbestos Consultant is contracted to determine the asbestos content of the building materials. This inspection was performed in accordance with current regulations and state of the art practices. The inventory of suspect asbestos-containing materials and determination of their condition are based upon observations at the time of inspection. Patriot does not assume responsibility for future regulatory changes or changes in the condition of the building or materials.

Please contact our office if there are any questions regarding this inspection.

Sincerely,

Patriot Environmental Laboratory Services, Inc.

Johana Quintana-Hernandez
Certified Asbestos Consultant No. 19-6487

Enclosure: Laboratory Results
Sample Location Diagram
Certifications

Docusign Envelope ID: 19747229-330B-4A7C-874E-9E265F736BAE PLM Asbestos Identification
Certificate of Analysis
City of Manhattan Beach
Bianca Cardenas
3621 Bell Avenue
Manhattan Beach, CA 90266
Date Received: 9/18/2024
Number of Samples: 36
Material Description Lab/Client ID/Layer
Location Color Composition (%)
Report Number: 1055900
Project Name: Public Parking Lot 3
Date Reported: 9/19/2024
Claim Number: