Agenda packet — Rolling Hills City Council, June 23, 2025 (part 2 of 2)

DEFINITIONS

17.12.020 "B" words, terms and phrases.

Barn. See "stable."
"Basement" means any floor level below the first story of the primary residence, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Except for walls within light wells, basement walls across any elevation may not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior, and shall have no greater than an average of two and one‐half feet exterior height. Basements shall comply with the Los Angeles County Building Code requirements. Basement well(s) shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story. "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

17.12.030 ‐ "C" words, terms and phrases.

Cellar. See "basement."

17.12.120 "L" words, terms and phrases.
"Loft" means an area above a stable utilized for storage of feed and hay, saddles, bridles, other horse equipment and similar equestrian or agricultural related items, or tack room uses, but excludes sleeping quarters.

17.12.160 ‐ "P" words, terms and phrases.
"Plate height" means the height of a building measured from the finished floor level to the top of the wall.

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"Storage area" means space within a building or structure, including attics, used for storing of items. It includes spaces located below or above a story and may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall not have doors to the exterior, window openings, heating or air conditioning. "Storage room, free standing," shall mean an accessory structure used exclusively for storage of household, equestrian, garden and similar items. "Story" means that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080(B) of this title.
"Structure" means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. Structure shall also include, but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere, latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden walls, decks, and subterranean structures other than basements. 23387
Created: 2025-02-10 14:50:23 [EST]
(Supp. No. 29, Update 1)

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17.18.060 Requirements for stables requiring conditional use permit.

All stables over two hundred square feet shall meet the following requirements:

A. General requirements and uses:

1. The building occupied by a stable shall be designed for rural and agricultural purpose only.

2. Stable structure shall not be permitted in the front yard, and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line and from the rear property line.

3. Minimum of sixty percent of the entire structure shall be maintained for agricultural space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5).

4. Maximum of forty percent, but not to exceed eight hundred square feet, of the entire structure may be maintained as tack room space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5). Tack room may be detached from the main stable structure.

5. Notwithstanding any other provision of this chapter, an existing stable, legally constructed prior to the effective date of the ordinance from which this chapter derives (August 12, 2010), which has a loft area that is maintained as a tack room and the loft area comprises more than forty percent of the size of the first floor may continue to be maintained provided that the area of the loft used as a tack room does not exceed eight hundred square feet, that no other tack room exists on the property and the remaining of the structure and its uses are in compliance with the remaining sections of this chapter.

6. When calculating the size of the stable, the entire footprint including the loft area shall be included, as measured from the exterior of the walls.

7. If there is more than one stable building on a lot, the tack room space shall be calculated as a percentage of the entire square footage of the structures and such tack room space may only be located in one of the structures; notwithstanding the above, it may not exceed eight hundred square feet.

8. Covered porch shall not be included in the size of the stable for the purpose of calculating the agricultural and tack room space of the stable.

9. Stables shall not be used as sleeping quarters for humans.

10. Stables shall be used for the exclusive purpose of keeping permitted domestic animals and related storage and uses, unless otherwise permitted by this chapter. Commercial uses shall not be permitted.

B. Exterior appearance of stables and areas immediately adjacent thereto:

1. Whether or not the stable is used for keeping permitted domestic animals, the exterior of the stable structure shall continue to appear as a stable.

2. Areas adjacent to the agricultural space entrance/exit of a stable may have a porous, roughened surface but may not be paved. It shall remain such or may be covered with grass or other low growing ground cover during the time when the agricultural space is not used for keeping of horses or other animals.

3. A porous surface (not paved) may be provided by the access to the tack room space of the stable. 23488
Created: 2025-02-10 14:50:23 [EST]
(Supp. No. 29, Update 1)

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4. The surface area of a corral, pen, paddock, turnout or riding ring shall be covered with dirt or sand surface. It shall remain such or be planted with grass or other low growing ground cover during the time when the stable structure is not used for keeping of horses or other animals.

C. Tack Room Space.

1. Tack room shall only be used for activities that impact the senses in a manner similar or less than that of traditional stable activities. Furthermore, all activities that are loud, raucous, annoying, or that produce unusual noises, lighting or other impacts that offend the peace and quiet of persons of ordinary sensibilities and interferes with the comfortable enjoyment of life or property of any neighboring property are prohibited. Such permitted activities shall be deemed to be "passive activities" for the purpose of this chapter.

2. Tack room shall not be used as sleeping quarters for humans.

3. Tack room shall not exceed forty percent of the size of the stable, including the size of the loft, if any, except as specified in Section 17.18.060(A)(5) and may not exceed eight hundred square feet.

4. Tack room may contain furniture, excluding beds.

5. Tack room may have finished floors, walls and ceiling.

6. Tack room may have glazed (glass) window openings.

7. Tack room may have standard size doors.

8. Tack room may have amenities such as air conditioning, heating, electrical and phone outlets.

9. Tack room may have a kitchenette and sanitary facility, including shower, sink and toilet.

10. Building and Safety Department review and building permits shall be required for all modifications.

11. All modifications and retrofitting of the tack room space shall be made in such a manner so that it could be convertible to a tack room, at such time as the structure is to be used for keeping of animals.

12. Tack room may be detached from the main stable structure, however it shall meet all the requirements for a tack room as specified in this section.

D. Agricultural Space Within the Stable.

1. Agricultural space shall be no less than sixty percent of the size of the stable including the size of the loft, if any, except as specified in Section 17.18.060(A)(5). Agricultural space may contain, but not be limited to stalls, wash racks, feed room, hay storage room, grooming area, tools and utilities storage area and other equestrian and agricultural spaces. The agricultural space may be used for storage of vehicles and general household items, but shall have a stable like appearance.

2. Entry doorways to the stalls shall be a minimum of four feet wide and seven and one-half feet high.

3. The exterior doors shall provide the appearance of a stable door.

4. Roll up or overhead doors are prohibited.

5. Ventilation and drainage facilities shall be subject to building code requirements.

6. Safety electrical outlets with covers may be installed, however they shall be located out of horses' reach when the space is used for keeping of horses. 23589
Created: 2025-02-10 14:50:23 [EST]
(Supp. No. 29, Update 1)

Page 3 of 3 ends

7. Glazed (glass) window openings may be permitted during a time when the stable is not used for keeping of animals, but shall be removable for easy conversion to animal keeping uses.

E. Loft Space within a Stable.

1. Loft may be permitted above a stable structure.

2. Loft may be used and counted as part of the agricultural space or as a tack room space, provided it meets the agricultural or tack room space requirements of Section 17.18.060(C) and (D)).

3. Loft may not be used as a tack room, if another tack room exists within the stable structure or elsewhere on the property.

4. Glazed (glass) window openings shall not be allowed in a loft if a loft is used for storage of hay, feed or other agricultural use. Notwithstanding the above, if the loft is used as other storage or working area or as a tack room, then removable glazed openings may be allowed.

5. The plate height for the wall of the loft shall be no greater than seven feet.

6. If a loft is constructed in such a way that access is provided from the exterior, the area immediately adjacent to the exterior of the loft shall not be paved, but may have a porous surface.

7. The area immediately adjacent to the exterior of the loft shall not be used for parking of vehicles, except for vehicles delivering agricultural goods and equipment. (Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pts. H, I, K), 8-8-2011; Ord. No. 332, §§ 8C, D, 1-14-2013)
23690
Created: 2025-02-10 14:50:23 [EST]
(Supp. No. 29, Update 1)

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17.18.070 Requirements for aviaries requiring conditional use permit.

All aviaries over two hundred square feet shall meet the following requirements:

1. Shall not be located on lots of less than 3.5 acres, as measured by excluding roadway easements.

2. The roof shall not exceed a peak height of sixteen feet.

3. Shall not be located on a portion of the lot where the slope is greater than 4:1.

4. Shall not be permitted in the front yard or in the rear yard setback, shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from the side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line.

5. Shall be located a minimum of thirty-five feet from any residential structure including attached garage or a guest house, located on the same lot, and a minimum of one hundred feet from a residential structure, including attached garage or a guest house located on adjoining lots.

6. Shall be used for the exclusive purpose of keeping permitted birds and small animals indigenous to the State of California. Commercial uses shall not be permitted.

7. Shall be counted towards structural, total, building pad coverage or disturbed area of the net lot for purposes of Chapter 17.16.

8. May be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable for purposes of this chapter.
(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 343, § 8, 6-22-2015) 23791
Created: 2024‐05‐03 17:45:25 [EST]
(Supp. No. 28)

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DEFINITIONS

17.12.190 "S" words, terms and phrases.
"Stable" means the same as "barn" and is a building or a portion of a building designed and constructed to shelter permitted domestic animals and store farm implements, hay, grain, equestrian and horticultural related items and equipment. Stable may include agricultural space, loft and tack room space. Stable shall not be a place for human habitation, except for uses specifically permitted in the tack room; it may not be rented out or be used for human sleeping or commercial purposes.
"Storage area" means space within a building or structure, including attics, used for storing of items. It includes spaces located below or above a story and may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall not have doors to the exterior, window openings, heating or air conditioning. "Storage room, free standing," shall mean an accessory structure used exclusively for storage of household, equestrian, garden and similar items. "Story" means that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080(B) of this title.
"Structure" means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. Structure shall also include, but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere, latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden walls, decks, and subterranean structures other than basements. 23892
Created: 2025-02-10 14:50:24 [EST]
(Supp. No. 29, Update 1)

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17.28.050 General ADU and JADU requirements.

B. Height.

1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed sixteen feet in height.

2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height.

4. An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories.

5. For purposes of this subsection (B), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure. 23993

PLATE HEIGHTS

DISCUSSION
Current Regulations:

To help maintain the low rambling nature of ranch architecture, plate heights are limited and strictly enforced. While the recommended plate height for a residence is 8’6”, taller plates are allowed on a case-by-case basis if harmonious with the design and massing of the overall residence.
i. Plate heights are measured from the finished floor level to the top of the wall. If a porch is present, the plate height is measured from the finish floor to the top of the beam. (See Appendix L “Illustrations of Plate Height”)
ii. The following percentages are the allowable limits for plate heights above 8’6”:
(Percentages of plate height are calculated by the linear footage of the perimeter.) 1) Minimum of 50% of the residence must have plate heights of 8’6” or lower, 2) Up to 30% of the residence may have a plate height up to 9’6, ** 3) Only 20% of the residence may have a plate height up to 10’6. ** ** Maximum plate heights may be limited and are considered on a case-by-case basis to assure the massing of the overall residence is good of its kind.

Attached is the current Appendix for plate heights as well additional examples for discussion. 24094

APPENDIX L

ILLUSTRATIONS OF PLATE HEIGHT
24195

PLATE HEIGHT AT PORCH
If a porch is present, the plate height is
measured from the finish floor of the
residence to the top of the beam of the porch
24296
PLATE HEIGHT @ STANDARD EAVE
The plate height is measured from the finish
floor of the residence to the top plate, where the
eave rafter meets the top of the wall.
24397
PLATE HEIGHT @ SOFFITED EAVE
The plate height is measured from the finish floor
of the residence to where the soffited eave meets
the exterior wall.
24498
CL_PBN_250326_PH_PC_BuildingHeight_F - Page 1 of 1
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
[email protected]
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Account Number: 5007827
Ad Order Number: 0011726463
Customer's Reference/PO Number:

Publication: Daily Breeze
Publication Dates: 03/26/2025
Total Amount: $918.32
Payment Amount: $0.00
Amount Due: $918.32
Notice ID: 8mxWdV8ywb9uXnnqwaWl
Invoice Text: NOTICE OF PUBLIC HEARING TO BE HELD BY PLANNING COMMISSION OF THE CITY OF ROLLING HILLS NOTICE IS HEREBY GIVEN – Ordinance 386 is a City initiated Zoning Code Amendment to amend various sections of Title 17 (Zoning Code) of the Rolling Hills Municipal Code. Hearing Date: April 15, 2025 Hearing Time:
6:30p.m. Hearing Location: Rolling Hills Council Chambers 2 Portuguese Bend Road, Rolling Hills, CA 90274 Project Location: Citywide Project Description: Ordinance 386 is a City-initiated Zoning Code Amendment to amend Title 17 (Zoning Code) of the Rolling Hills Municipal Code. The Zoning Code Amendment revises the height limit of single-family residential homes. Ordinance 386 includes revisions to Zoning Code Chapter 17.16 (Residential Agriculture-Suburban (RA-S) Zone) and Chapter 17.17 (Overlay Zoning District-1 (OZD-1)). The Planning Commission’s action serves as a recommendation to the City Council. Environmental Documentation: Ordinance 386 is not subject to the California Environmental Quality Act ("CEQA") pursuant to the following sections of the State CEQA Guidelines: Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378(a) because it does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment), and Section 15061(b)(3) (the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment). Specifically, the Ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable 24599
CL_PBN_250326_PH_PC_BuildingHeight_F - Page 1 of 1
Daily Breeze
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
0011726463
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274

PROOF OF PUBLICATION
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States and
a resident of the County aforesaid; I
am over the age of eighteen years, and
not party to or interested in the aboveentitled matter. I am the principal clerk of the printer of Daily Breeze, a
newspaper of general circulation,
printed and published in the City of
Torrance*, County of Los Angeles, and
which newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of County of Los
Angeles, State of California, under the
date of June 15, 1945, Decree No.

Pomo C-606. The notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to wit:
03/26/2025
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Dated at Hermosa Beach, California
On this 26th day of March, 2025.
______________________________
Signature
*Daily Breeze circulation includes the following
cities: Carson, Compton, Culver City, El
Segundo, Gardena, Harbor City, Hawthorne,
Hermosa Beach, Inglewood, Lawndale,
Lomita, Los Angeles, Long Beach, Manhattan
Beach, Palos Verdes Peninsula, Palos Verdes,
Rancho Palos Verdes, Rancho Palos Verdes
Estates, Redondo Beach, San Pedro, Santa
Monica, Torrance and Wilmington
100 246
CL_PBN_250528_CC_HeightLimitOrdinance - Page 1 of 1
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
[email protected]
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Account Number: 5007827
Ad Order Number: 0011733082
Customer's Reference/PO Number:

Publication: Daily Breeze
Publication Dates: 05/01/2025
Total Amount: $618.92
Payment Amount: $0.00
Amount Due: $618.92
Notice ID: aDJo7EbSRrk9RxdwVD4m
Invoice Text: NOTICE OF PUBLIC HEARING TO BE HELD BY CITY COUNCIL OF THE CITY OF ROLLING HILLS NOTICE IS HEREBY GIVEN–Ordinance 386 is a City initiated Zoning Code Amendment to amend sections of Title 17 (Zoning Code) of the Rolling Hills Municipal Code. Hearing Date: May 28, 2025 Hearing Time: 7:00 p.m. Hearing Location: Rolling Hills Council Chambers, 2 Portuguese Bend Road Rolling Hills, CA 90274 Project Location: Citywide Project Description: Ordinance 386 is a City-initiated Zoning Code Amendment to amend Title 17 (Zoning Code) of the Rolling Hills Municipal Code. The Zoning Code Amendment revises the height limit of single-family residential homes. Ordinance 386 includes revisions to Zoning Code Chapter 17.16 (Residential Agriculture-Suburban (RA-S) Zone). On April 15, 2025, the Planning Commission voted to recommend Ordinance 386 to the City Council for approval.

Environmental Documentation: Ordinance 386 is not subject to the California Environmental Quality Act ("CEQA") pursuant to the following sections of the State CEQA Guidelines: Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378(a) because it does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment), and Section 15061(b)(3) (the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment). Specifically, the Ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the 101 247
CL_PBN_250528_CC_HeightLimitOrdinance - Page 1 of 1
Daily Breeze
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
0011733082
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274

PROOF OF PUBLICATION
(2015.5 C.C.P.)

Pomo C-606. The notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to wit:
05/01/2025
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Dated at Hermosa Beach, California
On this 1st day of May, 2025.
______________________________
Signature
*Daily Breeze circulation includes the following
cities: Carson, Compton, Culver City, El
Segundo, Gardena, Harbor City, Hawthorne,
Hermosa Beach, Inglewood, Lawndale,
Lomita, Los Angeles, Long Beach, Manhattan
Beach, Palos Verdes Peninsula, Palos Verdes,
Rancho Palos Verdes, Rancho Palos Verdes
Estates, Redondo Beach, San Pedro, Santa
Monica, Torrance and Wilmington
102 248
Agenda Item No.: 13.A
Mtg. Date: 06/23/2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: CONSIDERATION OF AWARDING A CONSTRUCTION CONTRACT TO FIDELITY BUILDERS, INC. FOR PROVIDING CONSTRUCTION

SERVICES ON THE TENNIS COURT ADA IMPROVEMENT PROJECT IN AN AMOUNT NOT-TO-EXCEED $783,506.25, AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
DATE: June 23, 2025
BACKGROUND:

At the June 12, 2023 City Council Meeting, city staff reported on a coordination meeting with the Rolling Hills Community Association (RHCA) held in May 2023. At this meeting, it was communicated that the City's Tennis Courts ADA Improvement Project (TC-ADA) would incorporate the grading and retaining wall to support the RHCA's Cabana improvement/amenities project. This addition to the City's improvement plans was determined based on concerns over the sequence of construction and to facilitate workflow between contractors commissioned by the city and the RHCA. City staff, RHCA, and Bolton Engineering held two subsequent coordination meetings on June 6, 2023, and June 14, 2023, to discuss outstanding items and update all parties.

On June 26, 2023 the City Council directed staff to advertise the TC-ADA for bids and approved the allocation for landscape, irrigation, and lighting plans. The City Council would be provided the opportunity to review the results of the construction bids and ultimately decide whether to award a contract at a later date.

On July 10, 2023, the City Council approved Resolution No. 1344, authorizing a budget amendment to transfer $307,000 from reserves to the Capital Projects Fund for this project.

On July 12, 2023, City staff began the first of many monthly meetings with the RHCA regarding project coordination and the process for further submissions to LACBS. 249
On July 24, 2023, the City Council was asked to approve RHCA’s conceptual design so they could submit plans to Los Angeles County Building & Safety (LACBS) to begin the permitting process. The Council voted to approve it as presented, noting that it would discuss the proposed firepit when the item comes back in the future.

In August 2023, staff worked on addressing LACBS requirements for Low-Impact Development (LID) standards. The RHCA finalized their plans for submission to LACBS and began preparing to get estimates on their Cabana project.

In October 2023, LACBS acknowledged receipt of resubmittals but did not indicate a timeframe for response. The retaining wall plans were approved.

In November 2023, the RHCA shared plans for the expansion of Tennis Court #1, a proposal for the scope of work, and cost estimates. Staff and the RHCA continued with planning/staging discussions to lead responsibility for the various project components.

In December 2023, as part of the ongoing discussions, the RHCA provided staff with plans, two bids from 2022, and a staff memo describing the tennis club’s request and scope of work for the rebuilding and expansion of court #1. The RHCA agreed to send an overview of their construction program with timelines and key milestones.

In January 2024, staff received approved grading plans from LACBS. RHCA enlisted the services of the Bergman Group to help with construction management, and LACBS began its second round of review on RHCA’s cabana
On March 25, 2024, City staff provided a status update to the City Council as outlined in this report.

On April 22, 2024, the City Council unanimously approved assigning the RHCA to lead responsibility for the combined TC-ADA and Cabana projects. The city then took the lead in constructing the subsequent Tennis Court #1 Expansion Project.

At the June 24, 2024, City Council meeting, staff presented that due to financial constraints caused by significant infrastructure repairs requiring immediate attention, the RHCA had reconsidered their approach and requested reverting to the initial concept with the City leading the ADA component of the Tennis Court improvements. To assist with the fiscal impact, the RHCA board had agreed, per lease agreement obligations, to contribute 50% of the associated cost for the TC-ADA. The RHCA board allocated $400,000 and would review and consider additional funding if required. Based on this information, the City Council authorized reallocating funds from the capital account designated for the Tennis Court 1 expansion project back to the TC-ADA.

On August 26, 2024, the City Council approved a contract with the Bergeman Group for Construction Management Services.

On November 6, 2024, staff released a public notice of bid for the Tennis Court Improvement Project, Job No. 2024-01, with a closing date of December 3, 2024. While interested parties attended the mandatory job walk, upon closing, no interested bidders submitted.

On January 14, 2025, staff re-released a public notice of bid for Tennis Court Improvement 250
Project, Job No. 2025-01 Request for Bid. On February 18, 2025, the City received three (3) sealed bids at the 2 pm Bid Closing that totaled from $700,360 to $2,648,138.83.

On April 14, 2025, staff presented the three bids for City Council's consideration and potential awarding to the lowest responsible bidder. The City Council, in the public interest, rejected all bids and requested staff re-issue the bid again in the hopes that more contractors would participate and lower the bid amount. Staff revised the bid and accompanying breakdown form with the intent to simplify the process for interested bidders.

DISCUSSION:

On April 30, 2025, staff re-released a public notice of bid for Tennis Court Improvement Project, Job No. 2025-03 Request for Bid. On May 27, 2025, the City received one (1) sealed bid at the 2 pm Bid Closing as follows
Bidder Address Base Bid Amount
Fidelity Builders, Inc. 1824 Oakwood Ave.,
Glendale, CA 91208 $713,861.25
Staff validated the bid received (Attachment 01) and determined that Fidelity Builders, Inc. is the lowest responsive and responsible bidder. Staff, in discussion with the RHCA, has removed Allowance Item No. 3 from the attached bid breakdown (Attachment 02) since landscaping work will not be required as a part of this project. Staff’s recommendation is to award the construction contract to Fidelity Builders, Inc. for $713,861.25 (including 2.5% Performance & Payment Bond Costs) and allocate an additional $69,645 as a 10% contingency for a total of $783,506.25.

ENVIRONMENTAL REVIEW
The approval of the construction contract to Fidelity Builders, Inc. is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15301 [Class 1]. Class 1 applies to the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Here, the project proposes to demolish existing improvements within the project area, grading and site preparation, installation of retaining wall, ADA/site improvements, and install foundation, plumbing and electrical undergrounding for the proposed Cabana building. None of these proposed improvements on the tennis courts and proposed cabana will expand the existing use of this site. Further, none of the exceptions outlined in State CEQA Guidelines section 15300.2 apply. Thus, the project fits within the Class 1 exemption, and no further environmental review is required.

FISCAL IMPACT:

The total not-to-exceed fee for Fidelity Builder, Inc. is $783,506.25 and includes a 10% contingency.

The City Council currently has a balance of approximately $279,301 appropriated in the 251
Capital Improvement Fund for this project.

In 2024, the City Council approved $103,950 for construction management services which included a 10% contingency. To date the City has spent $11,496.50 on pre-construction consultation leaving a balance for Construction Management / Project Closeout of $92,453.50.

Assuming these costs are fully used, the City would have $186,847.50 remaining to execute construction.

As noted in the report background, to assist with the fiscal impact, per the existing lease agreement obligations with the RHCA, their board has agreed to contribute 50% of the associated cost for the project. The RHCA currently has allocated $400,000 for the ADA component and would review and consider additional funding if required. 50% of Fidelity's bid, including contingency, is $391,753.13.

Staff will return with a Budget Amendment Resolution transferring $204,905.63 from the General Fund Reserves for costs above what is already budgeted or will be provided by the RHCA. The usable portion of the General Fund Reserves balance is approximately $878,000.

A transfer to complete the Tennis Court ADA project will leave a balance of $673,094.

Note: The City has approximately $2.65 million in contingency reserves per the City's financial policies.

RECOMMENDATION:

Approved as presented
ATTACHMENTS:

Attachment 01 - CL_BID_250527_TC_ADA_FIdelityBuilders.pdf Attachment 02 - CL_BID_250623_2025-03_TC_ADA_Project_BidBreakdownForm_F_A.pdf Attachment 03 - CA_AGR_250623_FidelityBuildersInc_TC-ADA_2025-03_D.pdf 252
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DETAILED BID BREAKDOWN FORM
Owner: City of Rolling Hills
Project Type: ADA City Project
Contractor: ____________________________________
1 Mobilization / Demobilization: All preparation required to construct the scope of work. Including, but not limited to:

Traffic Control, Exterior Dust Control, Temporary Dust Fence & Protection of Non-Work Areas, Debris Removal, Daily Cleaning & Final Cleaning, Safety, Hoisting, Materials Handling, etc.

Fidelity Builders Inc 1 Lump sum N/A $63,840.00
2 Construction Administration: All administrative work required to construct the scope of work. Including, but not limited to:

Construction Permitting, QA/QC, Meetings, Project Management, Project Schedule, 3-Week Look Ahead Schedules, Substantial Completion, and Final Completion Meetings, Submittals, RFIs, etc.

Building Permit Filing and Coordination By Contractor - Complete Contractor Statement and pick up Permit (fees related to permitting to be reimbursed to Contractor by Owner with no markup to Contractor) Fidelity Builders Inc 1 Lump sum N/A $13,200.00
$77,040.00
DEMOLITION / CONSTRUCTION (SITE IMPROVEMENTS) *Quantities provided are estimated and for bidding purposes only 1 Demolition/Removals: all existing improvements, utilities, structures within the limits of work shown on plans GR2301100001 necessary to construct the improvements as shown on all plans associated with this project. City requires construction and demolition (C&D) permit for hauling and recycling from third parties and has recycling requirements. The City’s franchise waste hauler, Republic Services, will take care of the C&D if they are used.

UBD Inc. 1 Lump sum N/A $58,800.00
2 GRADING:

A) Rough grading needed per Grading plans.

B) Install site drainage and erosion controls.

C) Fine grading prior to putback commencement.

El Camino Aphalt Corp. 1 Lump sum N/A $28,800.00
3 RETAINING WALL:

A) Install RetainIng Wall per Retaining Wall plans - BL2308170004 Hulk Enterprises 1 Lump sum N/A $24,000.00 4 PAVING:

A) Install new pavement at new ADA Van accessible parking space per Architectural plans.

B) Asphalt & Concrete Mix Designs & Batch Testing - For each type of asphalt and concrete to be used on the project, provide proposed mix designs and produce test batches showing compliance with City of Rolling Hills specifications.

C) Paint cross wallks per Architectural plans.

El Camino Aphalt Corp. 1 Lump sum N/A $62,205.00
5 ADA/SITE IMPROVEMENTS:

A) Install new ADA Van Parking space per plans plans. Striping, signage and painted ISA on pavement included. Refer to detail #17 and 18 on sheet A-602 of the Architectural plans.

B) Install new wheel stop at new ADA Van parking space per detail #8 on sheet A-602 of the Architectural plans.

C) Install new truncated domes at all ramp landings per detail #15 on sheet A-602 of the Architectural plans.

D) Install new ramps and pathways, concrete curbs, retaining wall/retaining curbs, and pavers per plans specs.

E) Install new hand rails, nosing and warning strips per details #3, 5, 8 and 15 on sheet A-603 of the Architectural plans.

F) Retaining Wall: ADA ramp (From Parking Area)
G) Retaining Wall: ADA ramp (Tennis Court Viewing Area) H) Install ADA Lighting
I) Landscape: Irrigation line sleeves
El Camino Aphalt Corp. / Hulk
Enterprises 1 Lump sum N/A $210,320.00
$384,125.00
ITEM
NUMBER ITEM DESCRIPTION INDICATE "SELF-PERFORMED"

OR NAME SUBCONTRACTOR QUANTITY UNIT OF MEASURE UNIT COST TOTAL: GRADING
www.bergemangroup.com

GENERAL CONDITIONS
INDICATE "SELF-PERFORMED"

OR NAME SUBCONTRACTOR ITEM DESCRIPTION ITEM

NUMBER QUANTITY UNIT COST TOTAL COST UNIT OF MEASURE
TOTAL: GENERAL CONDITIONS

TOTAL COST
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DETAILED BID BREAKDOWN FORM
Owner: City of Rolling Hills
Project Type: ADA City Project
Contractor: ____________________________________ www.bergemangroup.com INDICATE "SELF-PERFORMED"

OR NAME SUBCONTRACTOR ITEM DESCRIPTION ITEM

NUMBER QUANTITY UNIT COST TOTAL COST UNIT OF MEASURE
CABANA (FOUNDATION & SUBSURFACE ONLY) *Quantities provided are estimated and for bidding purposes only 1 FOUNDATION:

A) Install all foundation plan components per plan specs.

B) Strip all forms and cleanup once concrete has cured.

C) Install all structural framing hardware that is embedded into the foundation for the Cabana and adjacent trellis per approved structural plans.

Hulk Enterprises 1 Lump sum N/A $103,195.00
2 ROUGH PLUMBING:

A) Installation of all rough plumbing/new utility stubs per specs on plans. SoCal Sewer & Water 1 Lump sum N/A $91,600.00 3 ROUGH ELECTRICAL:

A) Installation of all rough electrical per specs on plans.

B) Providing Title 24 specs on all materials used (As necessary) Integral Electrical Engineering 1 Lump sum N/A $34,490.00 $229,285.00
$690,450.00

2.50%
$17,261.25
Contingency 10% $69,045.00
$776,756.25
120 days
1 Subgrade compaction testing El Camino Aphalt Corp. 1 EA $0.00 $2,400.00 2 Special Inspections as required by City of Rolling Hills. Fidelity Builders Inc 1 EA $0.00 $3,600.00 3 Existing Landscape repairs and replacements. Bennett Landscape 1 Lump sum N/A $0.00 $6,000.00

2.50%
$150.00
Contingency 10% $600.00
$6,750.00
$783,506.25

UNIT COST TOTAL COST ITEM
NUMBER ITEM DESCRIPTION INDICATE "SELF-PERFORMED" OR NAME SUBCONTRACTOR QUANTITY UNIT OF MEASURE

TOTAL PROJECT CONSTRUCTION COSTS
TOTAL: STRUCTURAL
ITEM DESCRIPTION INDICATE "SELF-PERFORMED"

OR NAME SUBCONTRACTOR QUANTITY UNIT OF

MEASURE UNIT COST TOTAL COST

GRAND TOTAL

GRAND TOTAL PROJECT CONSTRUCTION COSTS W/ ALTERNATES, ALLOWANCES AND PERFORMANCE & PAYMENT BONDS WITH CONTINGENCY

ALLOWANCES

PROJECT TOTALS

TOTAL PROJECT CONSTRUCTION COSTS
Performance & Payment Bond Percentage (%)
Performance & Payment Bond Cost ($$)

TOTAL PROJECT CONSTRUCTION COSTS W/ PERFORMANCE & PAYMENT BONDS WITH CONTINGENCY ALLOWANCES Performance & Payment Bond Percentage (%)
Performance & Payment Bond Cost ($$) OF ALLOWANCES

TOTAL ALLOWANCES COSTS W/ PERFORMANCE & PAYMENT BONDS AND CONTINGENCY

TOTAL WORKING DAYS TO COMPLETE PROJECT
ITEM
NUMBER
278

CONTRACT AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between Fidelity Builders, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Rolling Hills, California, a municipal corporation (hereinafter referred to as "CITY").

R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for Tennis Court ADA Improvement Project No. 2025-03 (Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On June 23, 2025, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the No. 2025-03, Tennis Court ADA Improvement Project in the City of Rolling Hills.

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

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, for the Project in the City of Rolling Hills. The work shall be performed in accordance with the Plans and Specifications dated April 30, 2025 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:

The contract documents for the aforesaid project shall consist of all the documents and exhibits in the Request for Bid and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not.

Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement shall govern. Collectively, these contract documents constitute the complete agreement 279
between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal of seven hundred eighty-three thousand, five hundred and six dollars and twenty-five cents ($783,506.25) as full compensation (inclusive of a 10% contingency fee) for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 120 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time.

5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum of be $1000/day for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.

Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its 280
workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, 283
employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.

11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

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

CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.

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

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

14. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or 284
other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

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

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 285
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

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

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

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

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

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

17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors.
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a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vii. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
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c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
d. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear.
ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site.
e. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. 288
iii. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
iv. A copy of the claims reporting requirements must be submitted to the CITY for review.
v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY.
g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. j. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
289

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

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

20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.

21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession.

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

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

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

23. SEVERABILITY: If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will 290
be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

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

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

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

CITY OF ROLLING HILLS
2 Portuguese Bend Rd.

Rolling Hills, CA 90274
Attention: Christian Horvath, Project Manager
CONTRACTOR:

Fidelity Builders, Inc.
1824 Oakwood Ave.

Glendale, CA 91208
Attention: Narek Halablian
291

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

Claims: For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim.

The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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

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

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
292
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

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

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

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

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

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

Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to 293
respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute.

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

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

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

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

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

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

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

Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
294
Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

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

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

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

Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims.
295

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

29. TERMINATION: This Contract may be terminated by CITY at any time, either with or 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.

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

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

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

33. FORCE MAJEURE: If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled 296
to a time extension, as provided in the contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a noncompensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

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

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

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

IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
297
State of California
CONTRACTOR'S License No. __

CONTRACTOR

___________ By:____________________________________________ Date TITLE

CITY OF ROLLING HILLS, CALIFORNIA
By: _____________________________________________
Date JEFF PIEPER, MAYOR

ATTEST:

By: ____________________________________________
Date CHRISTIAN HORVATH, CITY CLERK
CONTRACTOR'S Business Phone 818-679-8059
Emergency Phone at which CONTRACTOR can be reached at any time:
( )
APPROVED AS TO FORM:
_______________________________________________________________

NICOLAS PAPAJOHN, CITY ATTORNEY

Date
298

AGREEMENT OF INDEMNIFICATION

AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION

TENNIS COURT ADA IMPROVEMENT PROJECT
PROJECT NO. 2025-03
Contract/Agreement/License/Permit No. or description:

Indemnitor(s) (list all names):

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

Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to 299
activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
“Indemnitor”
Name Name
By: By:
300
Agenda Item No.: 15.A
Mtg. Date: 06/23/2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SAMANTHA CREW, MANAGEMENT ANALYST
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: RECEIVE AND FILE A PUBLIC SAFETY AND EMERGENCY

PREPAREDNESS UPDATE
DATE: June 23, 2025
BACKGROUND:

The City of Rolling Hills remains dedicated to fostering a safe and resilient community through ongoing public safety initiatives. These efforts include close coordination with emergency responders, utility companies, and regional partners to support the safety and preparedness of residents. It is important for the City to share its preparedness efforts with both the City Council and the community to ensure transparency and promote awareness of local risks and response strategies. Regular updates help foster informed decision-making and empower residents to take proactive steps in their own preparedness, creating a more resilient and unified community.

DISCUSSION:

This monthly Public Safety and Emergency Preparedness Report highlights current activities and outlines future goals to support the City’s ongoing commitment to disaster readiness and response. By fostering strong partnerships with first response agencies and collaborating with neighboring Palos Verdes Peninsula cities, the City ensures a unified and coordinated approach to public safety. The report also serves as a strategic tool to guide resource allocation, improve operational efficiency, and enhance overall community resilience.

Fire Hazard Severity Zone (FHSZ) Maps
The updated Fire Hazard Severity Zone (FHSZ) maps for Local Responsibility Areas, released by the Office of the State Fire Marshal on March 24, 2025, were formally presented to the City Council on May 28 for a first reading and public hearing. The maps were adopted at the June 9, 2025, City Council meeting following a second reading. The adoption aligns the City’s fire risk classifications with state mandates under Government Code Section 51179 and supports broader hazard mitigation planning efforts. These maps will play a key role in guiding future vegetation management, construction standards, and insurance-related communication. 301
Potential Siren System Expansion
HQE is tentatively scheduled to present its three proposed locations for siren pole installations to the Rolling Hills Community Association (RHCA) Board at their July meeting. The proposed sites were selected by HQE based on post-test survey feedback, coverage modeling, and earlier discussions with RHCA and residents. The goal remains to close identified coverage gaps and ensure that emergency siren alerts reach all areas of the City. Staff are continuing to coordinate with HQE and RHCA to finalize location siting, explore any necessary alternatives, and prepare for permitting and deployment.

Brush Clearance and Zone 0 Advisory
The Los Angeles County Fire Department began annual defensible space inspections on June 1, 2025. This year, Assistant Fire Chief Kane informed the City that inspectors will issue citations for vegetation that is attached to or directly abutting homes or structures. While Zone 0 (the 0–5 foot ember-resistant zone) is not yet enforceable due to pending state-level regulations, residents are strongly encouraged to maintain this area in a “lean and green” condition. CAL FIRE and the State Fire Marshal continue to develop formal guidance for Zone 0, and enforcement is anticipated in future inspection cycles. The County will continue using an educational approach this year to prepare property owners for eventual compliance. If available, staff will provide a status update on defensible space inspections this evening.

Re-Energization – SoCal Gas
As of June 10, SoCal Gas has been working in the Seaview community for two weeks. Work is taking longer than initially expected due to unanticipated pipeline conditions discovered during inspection. Pipeline cameras revealed compression in certain segments, prompting precautionary replacements. Originally projected as a four-week project, restoration efforts may now take up to eight weeks.

Once work in Seaview is completed, SoCal Gas plans to begin restoration in the Portuguese Bend Beach Club before moving on to Rolling Hills. Staff asked about the sequencing of these phases and were informed that restoration is being prioritized in the order in which service was initially disconnected.

SoCal Gas conducted door-to-door outreach prior to beginning work in Seaview and plans to repeat this outreach when reconnecting gas service in Rolling Hills. Preliminary construction plans will be shared with RHCA to support advance planning and permitting.

Re-Energization – SCE
City staff remain engaged in weekly coordination meetings with Southern California Edison (SCE), LA County Building and Safety, Wildan, and the Fire Department to oversee electric service restoration. As of this report, four homes remain on SCE’s list for pending restoration.

These properties are in various stages of inspection, repair, or planning review. City staff are actively working with the affected residents and utility partners to expedite service restoration and resolve any remaining compliance requirements. Communication remains ongoing to ensure that all eligible homes continue moving steadily toward full re-energization.

Peninsula Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) Staff continue to participate in bi-weekly Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) coordination meetings with consultant Black & Veatch and neighboring peninsula jurisdictions.

On June 11, a planning committee kickoff meeting was held at the Fred Hesse Park 302
Community Center in Rancho Palos Verdes. The meeting brought together key stakeholders and the core planning team, which includes representatives from all four Peninsula cities, to formally launch the planning process and outline next steps for plan development efforts.

This concludes the Public Safety and Emergency Preparedness Update. Staff remain committed to providing timely updates and ensuring the City’s continued readiness in the face of emerging risks and evolving circumstances.

FISCAL IMPACT:

No Fiscal Impact.

RECOMMENDATION:

Receive and file.

ATTACHMENTS:
303
Agenda Item No.: 16.A
Mtg. Date: 06/23/2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
GOVERNMENT CODE SECTION 54956.9(D)(1) THE CITY FINDS,

BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN

OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. (3 CASES)
A. NAME OF CASE: CONNIE ANDERSEN, ET AL. V. CALIFORNIA
WATER COMPANY, ET AL. (SEAVIEW CASE) CASE NO.:
24STCV20953
B. NAME OF CASE: CITY OF ROLLING HILLS V. SCE CPUC DOCKET NO. C.24-10-008
C. NAME OF CASE: CITY OF ROLLING HILLS V. SOCALGAS CPUC DOCKET NO. C.24-10-009
DATE: June 23, 2025
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

None.

ATTACHMENTS:
304
Agenda Item No.: 16.B
Mtg. Date: 06/23/2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION A

CLOSED SESSION WILL BE HELD, PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(C) AND (D)(4) REGARDING THE DECISION OF WHETHER TO INITIATE LITIGATION (1 CASE)
RECOMMENDATION: NONE
DATE: June 23, 2025
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

None.

ATTACHMENTS:
305
Agenda Item No.: 16.C
Mtg. Date: 06/23/2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION A

CLOSED SESSION WILL BE HELD, PURSUANT TO GOVERNMENT
CODE SECTION 54956.9 (D)(2) AND (E)(3) BASED ON EXISTING

FACTS AND CIRCUMSTANCES THERE IS A SIGNIFICANT EXPOSURE TO LITIGATION AGAINST THE CITY (1 CASE)
DATE: June 23, 2025
ATTACHMENTS:
306

Rolling Hills City CouncilJune 23, 2025

Rolling Hills City Council
June 23, 2025