Agenda packet — Rolling Hills City Council, August 11, 2025 (part 1 of 4)

1 City Council
Monday, August 11, 2025, 7:00 PM
Regular Meeting
City of Rolling Hills
The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s website. View both the agenda and the live-streamed video.

Members of the public may submit written comments by emailing the City Clerk’s office at [email protected]. Your comments will become part of the official meeting record if received before 3pm on the meeting day. You must provide your full name, but please do not provide any other personal information that you do not want to be published.

View recordings to City Council meetings online.

AGENDA

1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. Presentations/Proclamations/Announcements

4.A. Receive and file a presentation from the City of Rolling Hills Summer Interns on their respective projects
RECOMMENDATION: Receive and file.

4.B. Receive and file a verbal update from the Los Angeles County Fire Department regarding the annual Defensible Space Inspections as conducted in June 2025 RECOMMENDATION: Receive and file.

5. Approve Order of the Agenda
This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder.

6. Blue Folder Items (Supplemental)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.

7. Public Comment on Non-Agenda Items
This is the appropriate time for members of the public to make comments regarding items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda.

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2 8. Consent Calendar
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by Councilmembers for discussion.

8.A. Approve Affidavit of Posting for the City Council Regular Meeting of August 11, 2025
RECOMMENDATION: Approve.

8.B. Approve Motion to Read by Title Only and Waive Further Reading of All Ordinances and Resolutions Listed on the Agenda
RECOMMENDATION: Approve.

8.C. Approve the following Minutes of July 28, 2025: City Council Regular Meeting RECOMMENDATION: Approve as presented.

8.D. Payment of Bills
RECOMMENDATION: Approve as presented.

8.E. Adopt Resolution No. 1396 authorizing a Fiscal Year 2025-2026 Budget Modification to increase Appropriations by $158,679 in Fund 40-935 from a transfer of General Fund Reserves for providing Construction Services on the Tennis Court ADA Improvement Project
RECOMMENDATION: Approve as presented.

8.F. Approve Sixth Amendment to a Professional Services Agreement with Alan Palermo for Project Management Services during Fiscal Year 2025-26 for an additional notto-exceed amount of $22,770 and authorize the City Manager to execute the amendment
RECOMMENDATION: Approve as presented.

9. Excluded Consent Calendar Items

10. Commission Items

11. Public Hearings

12. Discussion Items

12.A. Consideration and discussion regarding potential Rolling Hills Municipal Code changes related to National Weather Service Red Flag Warning Days as recommended by the Traffic Commission and City Staff
RECOMMENDATION: Receive and file. Provide direction to staff.

12.B. Review and discuss the three additional proposed Emergency Outdoor Siren locations identified by HQE Systems, resident feedback gathered to date, and provide direction on which sites should proceed to the RHCA for licensing consideration

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3 RECOMMENDATION: Staff request direction regarding the following:
• Whether further exploration for additional siren locations is warranted. • Which locations, if any, should be submitted to the RHCA Board for consideration and licensing of necessary easements.
• Whether staff should return at a future meeting with finalized documentation for the approved sites and next steps for implementation.
• Direction on potential funding solutions for the addition of three new siren poles.

12.C. Consideration and approval of Adopting Resolution No. 1397 awarding a Construction Contract to Doty Bros., Equipment Company for providing Construction Services on the Rule 20B portion of the Eastfield Drive Electric Utility Undergrounding Mitigation Project in an amount not to exceed $3,287,796.85 funded by FEMA Hazard Mitigation Program #DR-4382-177-7R, authorize the Mayor to execute the Agreement, and finding the project categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15302(d)
RECOMMENDATION: Approve as presented.

13. Matters From the City Council

13.A. Consideration and approval of questions to be used for Traffic Commission appointment interviews during the August 25, 2025 City Council Special Meeting RECOMMENDATION: Receive and file. Provide direction to staff regarding which questions will be used to interview candidates at the August 25, 2025 Special meeting.

14. Matters From Staff

14.A. Receive and file information regarding Electric Bicycle (E-Bike) regulations, prohibition and safety measures
RECOMMENDATION: Receive and file. Provide direction to staff.

14.B. Receive and file Code Enforcement Quarterly Report for the second quarter of 2025 (April 1 to June 30)
RECOMMENDATION: Receive and file.

14.C. Consideration of authorizing the Mayor to Sign a Letter of Support for Assemblymember Muratsuchi's AB 986, which seeks to expand the definition of disasters under the California Emergency Services Act to include landslides and conditions intensified by climate change, and send to the California State Senate Appropriations Committee
RECOMMENDATION: Approve as presented or provide direction to staff.

15. Recess to Closed Session

15.A. 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

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4 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

15.B. 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)

16. Reconvene to Open Session

17. Adjournment
Next regular meeting: Monday, August 25, 2025 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.

Notice:

Public Comment is welcome on any item prior to City Council action on the item.

Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting.

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Item: 4.A.

Meeting Date: 8/11/2025
To: City Council
From: Karina Bañales, City Manager
Thru: Karina Bañales, City Manager
Subject: Receive and file a presentation from the City of Rolling Hills Summer Interns on their respective projects
Background:

None.

Discussion:

None.

Fiscal Impact:

None.

Recommendation:

Receive and file.

Attachments:

None

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Item: 4.B.

Meeting Date: 8/11/2025
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk Thru: Karina Bañales, City Manager
Subject: Receive and file a verbal update from the Los Angeles County Fire Department regarding the annual Defensible Space Inspections as conducted in June 2025 Background:

None.

Discussion:

None.

Fiscal Impact:

None.

Recommendation:

Receive and file.

Attachments:

1. CL_AGN_250811_CC_LACoFD_BrushInspection

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Rolling Hills 2025

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Palos Verdes Estates 5,127 1,031 405 396 1,832
Rancho Palos Verdes 14,156 1,868 1,107 1,073 4,048
Rolling Hills 703 214 67 50 331
Rolling Hills Estates 3,178 50 110 276 436
Changes in inspection numbers from
2025 to 2026

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Item: 8.A.

Meeting Date: 8/11/2025
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk Thru: Karina Bañales, City Manager
Subject: Approve Affidavit of Posting for the City Council Regular Meeting of August 11, 2025 Background:

None.

Discussion:

None.

Fiscal Impact:

None.

Recommendation:

Approve.

Attachments:

1. CL_AGN_250811_CC_AffidavitofPosting

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Administrative Report

8.A., File # 2025-77 Meeting Date: 8/11/2025
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE

APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR MEETING OF AUGUST 11, 2025

EXECUTIVE SUMMARY

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF ROLLING HILLS )

AFFIDAVIT OF POSTING
In compliance with the Brown Act, the following materials have been posted at the locations below.

Legislative Body City Council
Posting Type Regular Meeting Agenda
Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window
City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time AUGUST 11, 2025 7:00pm Open Session As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below.

Christian Horvath, City Clerk
Date: August 8, 2025

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Item: 8.C.

Meeting Date: 8/11/2025
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk Thru: Karina Bañales, City Manager
Subject: Approve the following Minutes of July 28, 2025: City Council Regular Meeting Background:

None.

Discussion:

None.

Fiscal Impact:

None.

Recommendation:

Approve as presented.

Attachments:

1. CL_MIN_250728_CC_F

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MINUTES – CITY COUNCIL MEETING
Monday, July 28, 2025

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Minutes
Rolling Hills City Council
Monday, July 28, 2025
Regular Meeting 7:00 p.m.

1. Call To Order
The City Council of the City of Rolling Hills met in person on the above date at 7:01 p.m. Mayor Pieper presiding.

2. Roll Call
Councilmembers Present: Mirsch, Wilson, Black, Dieringer, Mayor Pieper Councilmembers Absent: None
Staff Present: Karina Bañales, City Manager
Christian Horvath, Assistant to the City Manager / City Clerk Samantha Crew, Management Analyst
Robert Samario, Finance Operations Lead Consultant
Nicolas Papajohn, City Attorney

3. Pledge Of Allegiance – Councilmember Black

4. Presentations / Proclamations / Announcements – None Mayor Pieper inadvertently skipped Item 5.

6. Blue Folder Items (Supplemental) – None

7. Public Comment on Non-Agenda Items
Public Comment: Gene Honbo, Arlene Honbo, Charlie Raine, Marita Geraghty, Maureen Nunn, Judith Haenel
Mayor Pieper moved back to Item 5.

5. Approve Order of the Agenda
Based on public comment on non-agenda items, Mayor Pieper recommended moving Item 14A after Item 11A and then returning back to the normal agenda. Without objection, so ordered.

8. Consent Calendar

8.A. Approve Affidavit of Posting For The City Council Regular Meeting Of July 28, 2025

8.B. Approve Motion to Read by Title Only and Waive Further Reading of All Ordinances and Resolutions Listed on the Agenda

8.C. Approve the following Minutes of June 23, 2025: City Council Regular Meeting

8.D. Payment of Bills

8.E. Pulled by Councilmember Mirsch

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MINUTES – CITY COUNCIL MEETING
Monday, July 28, 2025

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8.F. Pulled by Mayor Pro Tem Dieringer

8.G. Designate voting delegate and alternate voting delegate to the League of California Cities Annual Conference from October 8-10 to be held in Long Beach, CA Motion by Councilmember Black, seconded by Councilmember Wilson to approve the Consent Calendar except Items 8E and 8F. Motion carried unanimously with the following vote:

AYES: Mirsch, Wilson, Black, Dieringer, Mayor Pieper
NOES: None
ABSENT: None

9. Excluded Consent Calendar Items

8.E. Republic Services Recycling Tonnage and Complaint Reports for May and June 2025 Motion by Mayor Pieper, seconded by Councilmember Black to receive and file. Motion carried unanimously with the following vote:

AYES: Mirsch, Wilson, Black, Dieringer, Mayor Pieper
NOES: None
ABSENT: None

8.F. For Second Reading and Adoption: Adopt by Title Only Ordinance No. 386 amending Chapter

17.16 of the Municipal Code regarding the height limits of single-family residential homes, stables and barns; and finding the action to be statutorily exempt from CEQA under section 21080.17 of the Public Resources Code
Motion by Councilmember Black, seconded by Councilmember Mirsch to approve as presented. Motion carried with the following vote:

AYES: Mirsch, Wilson, Black, Mayor Pieper
NOES: Dieringer
ABSENT: None

10. Commission Items – None

11. Public Hearings

11.A. A Public Hearing to Consider and Adopt Resolution No. 1395 Authorizing Placement of Solid Waste Service Charges Owed to Republic Services Pursuant to its Solid Waste Franchise with the City of Rolling Hills on the Fiscal Year 2025-26 Los Angeles County Auditor-Controller's Office Annual Tax Roll
Presentation by Finance Operations Lead Consultant Samario Public Comment: Marita Geraghty
Motion by Councilmember Mirsch, seconded by Councilmember Wilson to approve as presented. Motion carried unanimously with the following vote:

AYES: Mirsch, Wilson, Black, Dieringer, Mayor Pieper

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MINUTES – CITY COUNCIL MEETING
Monday, July 28, 2025

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NOES: None
ABSENT: None
Mayor Pieper moved to Item 14A.

14. Matters From Staff

14.A. Receive and File a Public Safety and Emergency Preparedness Update Presentation by Management Analyst Crew
Public Comment: Mark Ursic, Marita Geraghty, Arlene Honbo Motion by Councilmember Black, seconded by Mayor Pro Tem Dieringer to receive and file. Motion carried unanimously with the following vote:

AYES: Mirsch, Wilson, Black, Dieringer, Mayor Pieper
NOES: None
ABSENT: None

12. Discussion Items

12.A. Consider and approve Republic Services field operation expansion of Mother Truck staging site locations
Presentation by Assistant to the City Manager / City Clerk Horvath Motion by Mayor Pro Tem Dieringer, seconded by Councilmember Black to approve the updated citywide Mother Truck locations as presented with a revision to the listed Buggywhip location by not specifying the Crest Road West intersection. Motion carried unanimously with the following vote:

AYES: Mirsch, Wilson, Black, Dieringer, Mayor Pieper
NOES: None
ABSENT: None

12.B. 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-toexceed $783,506.25, Authorize the City Manager to execute the agreement, and finding the project categorically exempt from the California Environmental Quality Act Presentation by Assistant to the City Manager / City Clerk Horvath Motion by Councilmember Black seconded by Councilmember Mirsch to approve as presented. Motion carried unanimously with the following vote:

AYES: Mirsch, Wilson, Black, Dieringer, Mayor Pieper
NOES: None
ABSENT: None

12.C. Authorize the City Manager to Sign a Letter of Support for the Palos Verdes Peninsula Mass Care and Evacuation Plan Grant Application
Presentation by Management Analyst Crew

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MINUTES – CITY COUNCIL MEETING
Monday, July 28, 2025

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Motion by Councilmember Mirsch seconded by Councilmember Wilson to approve as presented. Motion carried unanimously with the following vote:

AYES: Mirsch, Wilson, Black, Dieringer, Mayor Pieper
NOES: None
ABSENT: None

13. Matters From the City Council – None

14. Matters From Staff

14.B. Receive and file a Verbal Update on the status of the Traffic Commission Vacancy and Appointment
Presentation by Assistant to the City Manager / City Clerk Horvath Motion by Councilmember Black, seconded by Councilmember Mirsch to receive and file. Motion carried unanimously with the following vote:

AYES: Mirsch, Wilson, Black, Dieringer, Mayor Pieper
NOES: None
ABSENT: None

15. Recess To Closed Session – 8:31 p.m.

15.A. 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

15.B. 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

16. Reconvene To Open Session – 9:22 p.m.

17. Adjournment: 9:22 p.m.

The meeting was adjourned at 9:22 p.m. on July 28, 2025. The next regular meeting of the City Council is scheduled to be held on Monday, August 11, 2025 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at:
https://www.rolling-hills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website.

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MINUTES – CITY COUNCIL MEETING
Monday, July 28, 2025

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Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Jeff Pieper, Mayor

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Item: 8.D.

Meeting Date: 8/11/2025
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk Thru: Karina Bañales, City Manager
Subject: Payment of Bills
Background:

None.

Discussion:

None.

Fiscal Impact:

None.

Recommendation:

Approve as presented.

Attachments:

1. CL_AGN_250811_CC_PaymentOfBills_E

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Item: 8.E.

Meeting Date: 8/11/2025
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk Thru: Karina Bañales, City Manager
Subject: Adopt Resolution No. 1396 authorizing a Fiscal Year 2025-2026 Budget Modification to increase Appropriations by $158,679 in Fund 40-935 from a transfer of General Fund Reserves for providing Construction Services on the Tennis Court ADA Improvement Project
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 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 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.

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In December 2023, as part of the ongoing discussions, the RHCA provided staff with plans, two bids from 2022, and a staff memo that described 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 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 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 the 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 intention of simplifying the process for interested bidders.

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.

Discussion:

On June 28, 2025, the City Council awarded a construction contract to Fidelity Builders, Inc. for providing construction services on the Tennis Court ADA Improvement Project in an amount not-toexceed $783,506.25 and found the project categorically exempt from the California Environmental Quality Act.

The attached resolution authorizes a Fiscal Year 2025-2026 Budget Modification to increase Appropriations by $158,679 in Fund 40-935 from a transfer of General Fund Reserves for providing

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Construction Services on the Tennis Court ADA Improvement Project.

Staff recommends the City Council Adopt the Resolution as presented.

Fiscal Impact:

The City Council currently has a balance of approximately $279,301 appropriated in the 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. The attached resolution authorizes a Fiscal Year 2025-2026 Budget Modification to increase Appropriations by $158,679 in Fund 40-935 from a transfer of General Fund Reserves.

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

As noted in the report's background section, to assist with the fiscal impact and in accordance with the existing lease agreement obligations with the RHCA, their board has agreed to cost-share 50% of the associated project expenses. The RHCA has currently allocated $400,000 towards the ADA component and would review /consider additional funding if required. The RHCA has also agreed to cost-share 50% of the ongoing associated Construction Management costs. A 50% cost-share is $398,432 ($437,980 with contingencies).

Recommendation:

Approve as presented.

Attachments:

1. ResolutionNo1396_TC-ADA_CIP_BudgetAmendment_F

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Resolution No. 1396 1
RESOLUTION NO. 1396

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ROLLING HILLS, CALIFORNIA
AUTHORIZING A FISCAL YEAR 2025-2026

BUDGET MODIFICATION TO INCREASE
APPROPRIATIONS BY $158,679 IN FUND 40-935

FROM A TRANSFER OF GENERAL FUND

RESERVES FOR PROVIDING CONSTRUCTION

SERVICES ON THE TENNIS COURT ADA

IMPROVEMENT PROJECT

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,

DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:

Section 1. Recitals.

A. It is the intention of the City Council of the City of Rolling Hills to review the adopted budget from time to time.

B. On July 10, 2023 the City Council approved Resolution No. 1344, authorizing a budget amendment to transfer $307,000 from General Fund Reserves into the Capital Projects Fund 40-935 for the Tennis Court ADA Improvement Project.

C. On July 28, 2025 the City Council presented bids the City received regarding Construction Services for the Tennis Court ADA Improvement Project, accepted the bid and approved a contract.

C. The lowest bidder meeting the Bid requirements was Fidelity Builders Inc. with a base bid of $713,861.25. The total amount, including a 10% contingency, is $783,506.25.

E. The City desires to appropriate an additional One hundred fiftyeight thousand, six hundred and seventy-nine dollars ($158,679) in Fund 40-935 from a transfer of General Fund Reserves for the Tennis Court ADA Improvement Project.

Section 2. The sum of One hundred fifty-eight thousand, six hundred and seventy-nine dollars ($158,679) is hereby appropriated in the Fund 40-935 from a transfer of General Fund Reserves for the Tennis Court ADA Improvement Project.

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Resolution No. 1396 2
Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED this 11th day of August, 2025 ______________________________

JEFF PIEPER
MAYOR
ATTEST:
___________________________

CHRISTIAN HORVATH

CITY CLERK

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Resolution No. 1396 3

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§

CITY OF ROLLING HILLS )
The foregoing Resolution No. 1396 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS. CALIFORNIA
AUTHORIZING A FISCAL YEAR 2025-2026

BUDGET MODIFICATION TO INCREASE
APPROPRIATIONS BY $158,679 IN FUND 40-935

FROM A TRANSFER OF GENERAL FUND

RESERVES FOR PROVIDING CONSTRUCTION

SERVICES ON THE TENNIS COURT ADA

IMPROVEMENT PROJECT
was approved and adopted at a regular meeting of the City Council on the 11th day of August 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTIAN HORVATH

CITY CLERK

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Item: 8.F.

Meeting Date: 8/11/2025
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk Thru: Karina Bañales, City Manager
Subject: Approve Sixth Amendment to a Professional Services Agreement with Alan Palermo for Project Management Services during Fiscal Year 2025-26 for an additional not-toexceed amount of $22,770 and authorize the City Manager to execute the amendment
Background:

In July 2019, the City Council engaged the services of Alan Palermo Consulting (APC) to manage the City's capital improvement projects for Fiscal Year 2019-2020 for four projects: construction of Tennis Courts ADA improvements, City Hall ADA improvements, Sewer Feasibility study phase II, and 2019/2020 annual signage and striping project. (Attachment B) The 2019/2020 annual signage and striping project was completed in April 2020. The Sewer Feasibility study phase II was completed in May 2020. APC assisted in preparing a design Request for Proposal for the 8" sewer main along Rolling Hills and the City Council engaged NV5 for the engineering design of the 8" line on August 24, 2020.

In September 2020, the City Council amended APC's contract for the first time (Attachment C) to include additional budget towards managing additional projects including the City Hall ADA improvements design, the 8" sewer main design along Rolling Hills Road, the Block Captain Program communications project, Proposition 68 Per Capita Program allocation, the Crest Road East Utility Undergrounding grant project and a small budget for coordinating with the Rolling Hills Community Association on tennis courts ADA improvements.

In June 2022, the City and APC amended the agreement for a second time (Attachment D) to extend the term for the scope of work and its completion.

In September 2022, the City and APC amended the agreement for a third time (Attachment E) to clarify the scope of work, extend the term and restate costs.

In July 2023, the City and APC amended the agreement for a fourth time (Attachment F) to clarify the scope of work, extend the term and restate costs.

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In August 2024, the City and APC amended the agreement for a fifth time (Attachment G) to clarify the scope of work, extend the term and restate costs.

Discussion:

In recent years, staff have taken a larger role in the project management of capital projects as a strategy to curb expenses. Staff continue to utilize APC for their expertise and guidance as needed.

The attached Sixth Amendment (Attachment A) clarifies the scope of work and restates estimated potential costs.

To meet project management needs for Fiscal Year 2025-2026, APC was asked to provide a proposal for services for the following projects:

1. Closeout for the Design of City Hall ADA Improvements.

2. Limited Project Management Assistance for the Tennis Court ADA Construction.

3. Project Management Assistance for the USDA grant preparation, bidding, and construction of an 8-inch sewer main along Portuguese Bend Road (if the Council chooses to move forward).

4. Limited staff support for the construction of the Eastfield Utility Undergrounding Grant Project.

5. Project Management Assistance on Bid Preparation / Construction of Emergency Backup Power Project.

6. Miscellaneous Professional Services to support other City Projects as needed.

Fiscal Impact:

The FY 25-26 Adopted Budget includes $10,000 specifically for Project Management services as needed in 01-01-890. Capital funds are also utilized for specific project costs as deemed necessary.

Recommendation:

Approve as presented.

Attachments:

1. Attachment A - CA_AGR_240811_Alan Palermo_Amendment06_F_PE

2. Attachment B - CA_AGR_190718_Alan Palermo_F_E

3. Attachment C - CA_AGR_200928_Alan Palermo_Amendment01_F_E

4. Attachment D - CA_AGR_211109_Alan Palermo_Amendment02_F_E

5. Attachment E - CA_AGR_220912_PSA_Alan Palermo_Amendment03_F_E

6. Attachment F - CA_AGR_230710_Alan Palermo_Amendment04_F_E

7. Attachment G - CA_AGR_230710_Alan Palermo_Amendment05_F_E

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SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (“Sixth Amendment”) is made and entered into this 11th day of August 2025 by and between the CITY OF ROLLING HILLS, a California municipal corporation (hereinafter the “CITY”), and Alan Palermo Consulting (hereinafter the “CONSULTANT”).

R E C I T A L S
A. On July 18, 2019, the City entered into a Professional Services Agreement with Consultant (“Agreement”) for project management services to assist with the following projects:
1) project/construction management of the bid and construction of tennis court improvements (American with Disabilities Act (“ADA”) and aesthetic improvements); 2) project management for the design of ADA improvements at the City Hall building; 3) project management for phase II of the sewer feasibility study; and 4) project management for the FY 2019/2020 annual signage and striping program;
B. On September 14, 2020, City and Consultant amended the Agreement for the first time to expand the scope of work, extend the term, and increase the cost so that Consultant may provide services on the following projects: 1) project management for tennis court improvements (American with Disabilities Act (“ADA”) and aesthetic improvements); 2) project management for the design of ADA improvements per the City’s transition plan; 3) project management for design of 8” sewer main along Portuguese Bend Road/Rolling Hills Road; 4) project management for Block Captain Program communications project; 5) project management for securing per capital program funded through the Parks and Water Bond Act of 2018 (Proposition 68); and 6) project management for implementing the Fire Prevention through Power Line Undergrounding Project 0526 funded by FEMA’s Hazard Mitigation Grant Program (“First Amendment”);
C. On June 30, 2022, the City and Consultant amended the Agreement for the second time to extend the term for Consultant to complete the scope of work (the “Second Amendment”).

D. On September 12, 2022, the City and Consultant amended the Agreement for the third time to clarify the scope of work, extend the term for Consultant to complete the scope of work, and state the costs for the work provided (the “Third Amendment”).

E. On July 10, 2023, the City and Consultant amended the Agreement for the fourth time to clarify the scope of work, extend the term for Consultant to complete the scope of work, and state the costs for the work provided (the “Fourth Amendment”).

F. On August 26, 2024, the City and Consultant amended the Agreement for the fifth time to clarify the scope of work, extend the term for Consultant to complete the scope of work, and state the costs for the work provided (the “Fifth Amendment”).

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G. The Parties now desire to amend the Agreement to clarify the scope of work, extend the term for Consultant to complete the scope of work, and state the costs for the work provided (the “Sixth Amendment”).

H. Consultant is well qualified by reason of education, training, and experience; and I. Consultant is willing to render such services on the terms and conditions as hereinafter defined.

NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth below, City and Consultant agree as follows:

1. Section 2 (SCOPE OF WORK) of the Agreement is amended to read as follows:
“2. SCOPE OF WORK
Consultant shall perform all work necessary to complete in a manner satisfactory to City the services set forth in the scope of work attached as Exhibit A to this Sixth Amendment.”

2. Section 3 (COST) of the Agreement is amended to read as follows:
“3. COST
The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under the Agreement at the rates and in the manner established in the Attached Exhibit A to this Sixth Amendment.”
A. Compensation. An additional twenty-two thousand, seven hundred seventy dollars ($22,770) is added to the permitted compensation under this Sixth Amendment. This fee includes all expenses, travel, attendance at meetings and miscellaneous costs, estimated to be accrued.”

3. Paragraph 9 (TERM OF CONTRACT) of the Agreement is amended to read as follows:
“9. TERM OF CONTRACT
This Agreement shall be valid until June 30, 2026 unless extended by the parties in writing by written amendment to this Agreement or terminated earlier by the parties pursuant to Section 10 of this Agreement.”

2. All terms and conditions of the Agreement not amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, Fifth Amendment, or this Sixth Amendment remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Parties hereto have executed this Sixth Amendment on the date and year first above written, and it is effective as of June 30, 2025.

CITY OF ROLLING HILLS ALAN PALERMO CONSULTING
__________________________ __________________________

CITY MANAGER ALAN PALERMO

DATE:___________ DATE:_____________
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________

CITY CLERK CITY ATTORNEY
8/5/25 Page 36 of 557

EXHIBIT A

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Alan Palermo Consulting
1431 12th Street, Apt B, Manhattan Beach, California 90266 / (310) 717-3244 August 4, 2025 2025-RH005_R1
Ms. Karina Banales | City Manager
Mr. Christian Horvath | Assistant to the CM / City Clerk City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
Re: Professional Services – Project Management Services/Consulting Agreement for CIP and Special Projects
Dear Ms. Banales / Mr. Horvath:

Thank you for the opportunity to be of continued service to the City of Rolling Hills. Pursuant to our discussion and information provided by the City, Professional and Project Management services will be provided as directed by the City of Rolling Hills for the following projects for the period 7/6/25 through 6/30/26 :
1) Project Management for the Design of City Hall ADA Improvements:
a) Continued coordination for approval of Construction Documents for the City Hall ADA Improvements with the City’s selected Consultant (Pacific Architecture) and “shelving/mothballing” the project for future bidding/construction. Package relevant files and provide to City for archiving.
2) Project Management for the Tennis Court ADA Improvements:
a) Project Management during Construction of the Tennis Court ADA Improvement project in the 2025-2026 fiscal year.
b) Provide coordination and City’s Construction Management firm (The Bergman Group), City Staff, and Rolling Hills Community Association.
c) Assist with project closeout upon completion of construction. 3) Project Management for the Bidding and Construction of the 8-inch sewer main along Portuguese Bend Road (Phase I):
a) Coordinate/support City Staff to secure the federal funding earmarked for this sewer improvement project.
b) Coordinate with Rolling Hills Estates to finalize permit fees for the approved sewer improvement plans.
c) Upon completion of Sewer Improvement Plan Construction Documents, Finalize Bid Documents to solicit construction bids for the Sewer Improvements, manage bid process and preparation of Construction Contract with selected contractor.

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Alan Palermo Consulting
d) Prepare RFP and evaluate proposals for Construction Management/Inspection of Improvements
e) Project Management during Construction Phase in the 2025-2026 fiscal year. TBD. 4) Support City Staff for the Eastfield Utility Undergrounding Project:
a) Provide support to City staff for construction of Eastfield Utility undergrounding project. 5) Emergency Generator Replacement
a) Upon completion of Construction Documents, Finalize Bid Documents to solicit construction bids for the Project, manage bid process and preparation of Construction Contract with selected contractor.
b) Assist City as requested with Project Management during Construction Phase in the 2025-2026 fiscal year.
6) Miscellaneous Professional Services to support City Projects:
a) Provide Professional Services when requested by the City to:
i) Prepare RFP’s / Bid Document assistance for other City projects when requested ii) Manage/provide assistance for additional City projects upon request of the City

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Alan Palermo Consulting
Services will be provided at the specified hourly rate of One hundred sixty-five ($165) dollars per hour. Services are estimated at the schedule listed below for the time periods listed.

Item No. Project Description Time Period Total Hours
(Estimate) Total Fee
1 Project Management for the Design of
City Hall ADA Improvements Project 7/6/2025 - 6/30/2026 2 $ 330 2 Project Management for the Tennis
Court ADA Improvements 7/6/2025 - 6/30/2026 12 $ 1,980
3 Project Management for the Bidding
and Construction of the 8-inch sewer
main along Portuguese Bend Road
(Phase I) 7/6/2025 - 6/30/2026 $ -
a) and b) 12 $ 1,980
c) and d) 24 $ 3,960
4 Support City Staff for the Eastfield
Utility Undergrounding Project 7/6/2025 - 6/30/2026 4 $ 660 5 Emergency Generator Replacement 7/6/2025 - 6/30/2026 24 $ 3,960 6 Professional Services / Assistance 7/6/2025 - 6/30/2026 60 $ 9,900 Total Hours 138
Total Fee $ - $ 22,770
In that regard, please find enclosed our Standard Provisions of Agreement for your review.

Should you have any questions, please do not hesitate to call me at (310) 717-3244.

Sincerely,
Alan Palermo Consulting
Alan M. Palermo
Alan Palermo, P.E.

Principal/Owner

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Alan Palermo Consulting

SCHEDULE OF BILLING RATES
Effective January 1, 2022
Principal/Owner $165.00/Hour
Note 1: Hourly rate includes Consultants mileage to perform services on behalf of the Client.

Note 2: Reimbursable Expenses: Client shall pay the cost of any applicable reimbursable expenses, plus 15%, incurred on Client's behalf. If requested, Alan Palermo Consulting will provide a computer printout, which details these costs.

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Alan Palermo Consulting
2412 Prospect Ave, Hermosa Beach, California 90254 / (310) 717-3244 August 30, 2021 2021-RH003
Ms. Elaine Jeng
City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
Re: Professional Services – Project Management Services/Consulting Agreement for CIP and Special Projects
Dear Mr. Jeng:

Thank you for the opportunity to be of continued service to the City of Rolling Hills. Pursuant to our discussion and information provided by the City, Professional and Project Management services will be provided as directed by the City of Rolling Hills for the following projects for the period 8/30/21 through 8/31/22:
1) Project Management for the Design of the 8-inch sewer main along Portuguese Bend Road/Rolling Hills Road:
a) Continued oversight of design consultant to finalize improvement plans, serve was the city’s representative with outside agencies relevant to the project, review design plans, conduct outreach meetings with the community as needed/requested, and provide assistance with internal functions relevant to the project including drafting of staff reports.
b) Upon completion of Sewer Improvement Plan Construction Documents, Finalize Bid Documents to solicit construction bids for the Sewer Improvements, manage bid process and preparation of Construction Contract with selected contractor. c) Prepare RFP and evaluate proposals for Construction Management/Inspection of Improvements
d) Project Management during Construction Phase (Not: Construction tentatively scheduled to begin no earlier than June 2022. Services may need to extend into 2022-2023 consulting contract)
2) Project Management for Middleridge Road / Williamsburg Lane Sewer:
a) Continued oversight of consultant to finalize Feasibility Study of sewer conveyance options for Middleridge Road and Willamsburg Lane. Provide assistance with internal functions relevant to the project including drafting of staff reports. b) Project Management for next phase in project (Preliminary Design Options, Design RFP, Other?)

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Alan Palermo Consulting
3) Project Management for the Design of City Hall ADA Improvements per the City’s Transition Plan:
a) Continued oversight and coordinate completion of Construction Documents for the City Hall ADA Improvements with the City’s selected Consultant (Pacific Architecture).

Provide assistance with internal functions relevant to the project including drafting of staff reports.
b) Upon completion of ADA Improvement Construction Documents, prepare Bid Documents to solicit construction bids for the ADA Improvements. manage bid process and preparation of Construction Contract with selected contractor. (Note: Construction not expected to begin until 2022-2023 Fiscal Year)
4) Project Management for City Hall Emergency Power Project:
a) Continued oversight design consultant, serve was the city’s representative with RHCA and coordinate completion of Construction Documents for the City Hall Emergency Power Project with the City’s selected Consultant (Pacific Architecture. Provide assistance with internal functions relevant to the project including drafting of staff reports.
b) Upon completion of Emergency Power Improvement Plan Construction Documents, prepare Bid Documents to solicit construction bids for the Building/Power Improvements 5) Project Management for Emergency Communications Project:
a) Work with the City and HQE Systems to evaluate the best and the most appropriate emergency communication systems for City use during emergencies. b) Provide Project Management and support for next phase in project after City decision on system(s) to implement.
6) Project Management for implementing the Eastfield Utility Undergrounding Project:
a) Eastfield Utility Undergrounding Project - grant application (City expects to be awarded the grant in the next 3 months, ~ November 2021))
b) Submit required CalOES/FEMA reports, correspondence, and forms. c) Initiate project with SCE and hand off project to internal staff. 7) Grant Writing Support / Assistance:
a) Provide supporting information / technical guidance in support of the City’s efforts to submit applications for grant funding for Capital Improvement Projects. b) Coordinate with City’s Grant Writer in providing information for Project grant application.

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Alan Palermo Consulting
Services will be provided at the specified hourly rate of One hundred sixty ($160) dollars per hour. Services are estimated at the schedule listed below for the time periods listed.

Project Description Time Period Total Hours Total Fee
1 Project Management for the Design of
the 8-inch sewer main along Portuguese
Bend Road/Rolling Hills Road 8/30/2021 - 8/31/2022 90 $ 14,400 2 Project Management for Middleridge
Road / Williamsburg Lane Sewer: 8/30/2021 - 8/31/2022 40 $ 6,400 3 Project Management for the Design of
City Hall ADA Improvements per the
City’s Transition Plan 8/30/2021 - 8/31/2022 80 $ 12,800 4 Project Management for City Hall
Emergency Power Project: 8/30/2021 - 8/31/2022 60 $ 9,600 5 Project Management for Emergency
Communications Project 8/30/2021 - 8/31/2022 40 $ 6,400 6 Project Management for implementing
the Eastfield Utility Undergrounding
Project 8/30/2021 - 8/31/2022 40 $ 6,400
7 Grant Writing Support / Assistance 8/30/2021 - 8/31/2022 16 $ 2,560 Total Hours 366
Total Fee $ - $ 58,560
In that regard, please find enclosed our Standard Provisions of Agreement for your review.

Should you have any questions, please do not hesitate to call me at (310) 717-3244.

Sincerely,
Alan Palermo Consulting
Alan M. Palermo
Alan Palermo, P.E.

Principal/Owner

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Alan Palermo Consulting

SCHEDULE OF BILLING RATES
Effective January 1, 2021
Principal/Owner $160.00/Hour
Note 1: Hourly rate includes Consultants mileage to perform services on behalf of the Client.

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Alan Palermo Consulting
2412 Prospect Ave, Hermosa Beach, California 90254 / (310) 717-3244 August 30, 2022 2022-RH003_R1
Ms. Elaine Jeng
City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
Re: Professional Services – Project Management Services/Consulting Agreement for CIP and Special Projects
Dear Mr. Jeng:

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Alan Palermo Consulting
community and provide assistance with internal functions relevant to the project including drafting of staff reports.
c) Serve as the liaison and extension of City Staff to the Rolling Hills Community Association to achieve a set of coordinated design plans including phasing plan for construction activities as needed.
d) Review plans on behalf of City
4) Project Management for the Design of the 8-inch sewer main along Portuguese Bend Road:
a) Continued oversight of design consultant to finalize improvement plans for Phase 1 (Rolling Hills to Rolling Hills Estate), serve was the city’s representative with outside agencies relevant to the project, review design plans, conduct outreach meetings with the community as needed/requested, and provide assistance with internal functions relevant to the project including drafting of staff reports.
b) Upon completion of Sewer Improvement Plan Construction Documents, Finalize Bid Documents to solicit construction bids for the Sewer Improvements, manage bid process and preparation of Construction Contract with selected contractor. c) Prepare RFP and evaluate proposals for Construction Management/Inspection of Improvements
d) Project Management during Construction Phase (Not: Construction tentatively scheduled to begin no earlier than June 2023. Services may need to extend into 2022-2023 consulting contract)
5) Professional Services to support City Projects:
a) Provide Professional Services when requested by the City to:
i) Prepare supporting information / technical guidance in support of the City’s efforts to submit applications for grant funding for Capital Improvement Projects. Coordinate with City’s Grant Writer in providing information for Project grant application. ii) Prepare RFP’s / Bid Document assistance for other City projects when requested iii) Manage/provide assistance for additional City projects upon request of the City

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Project Description Time Period Total Hours Total Fee
1 Project Management for the Design of
City Hall ADA Improvements per the
City’s Transition Plan 10/1/2022 - 6/30/2023 72 $ 11,880 2 Project Management for Emergency
Communications Project 10/1/2022 - 6/30/2023 54 $ 8,910 3 Project Management for the Tennis
Court ADA Improvements 10/1/2022 - 6/30/2023 54 $ 8,910 4 Project Management for the Design of
the 8-inch sewer main along Portuguese
Bend Road/Rolling Hills Road 10/1/2022 - 6/30/2023 54 $ 8,910 5 Professional Services / Assistance 10/1/2022 - 6/30/2023 36 $ 5,940 Total Hours 270
Total Fee $ - $ 44,550
In that regard, please find enclosed our Standard Provisions of Agreement for your review.

Should you have any questions, please do not hesitate to call me at (310) 717-3244.

Sincerely,
Alan Palermo Consulting
Alan M. Palermo
Alan Palermo, P.E.

Principal/Owner

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Alan Palermo Consulting

SCHEDULE OF BILLING RATES
Effective January 1, 2022
Principal/Owner $165.00/Hour
Note 1: Hourly rate includes Consultants mileage to perform services on behalf of the Client.

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Alan Palermo Consulting
2412 Prospect Ave, Hermosa Beach, California 90254 / (310) 717-3244 June 20, 2023 2023-RH004
Ms. Elaine Jeng
City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
Re: Professional Services – Project Management Services/Consulting Agreement for CIP and Special Projects
Dear Mr. Jeng:

Provide assistance with internal functions relevant to the project including drafting of staff reports.
b) Upon completion of City Hall ADA Improvement Construction Documents, prepare Bid Documents to solicit construction bids for the ADA Improvements. manage bid process and preparation of Construction Contract with selected contractor. (Note: Construction not expected to begin until 202?-202? Fiscal Year)
c) Prepare Request for Proposal (RFP) to solicit Construction Management firm to oversee the construction phase for the project.
d) Project Management during Construction in the 2023-2024 fiscal year. 2) Project Management / or Support City Staff For Outdoor Siren Project:
a) Provide support to City staff for the implementation and review of the outdoor siren project
3) Project Management for the Tennis Court ADA Improvements:
a) Continued oversight and completion of Construction Documents for the Tennis Court ADA Improvements

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Alan Palermo Consulting
b) Provide assistance with internal functions relevant to the project including drafting of staff reports.
c) Serve as the liaison and extension of City Staff to the Rolling Hills Community Association to achieve a set of coordinated design plans including phasing plan for construction activities as needed.
d) Upon completion of Tennis Court ADA Improvement Construction Documents, prepare Bid Documents to solicit construction bids for the Tennis Court ADA Improvements.

Manage bid process and preparation of Construction Contract with selected contractor. e) Prepare Request for Proposal (RFP) to solicit Construction Management firm to oversee the construction phase for the project.
f) Project Management during Construction in the 2023-2024 fiscal year. 4) Project Management for the Design of the 8-inch sewer main along Portuguese Bend Road:
a) Continued oversight of design consultant to finalize improvement plans for Phase 1 (Rolling Hills to Rolling Hills Estate) and Phase II (City of Torrance), serve was the city’s representative with outside agencies relevant to the project, review design plans, conduct outreach meetings with the community as needed/requested, and provide assistance with internal functions relevant to the project including drafting of staff reports.
b) Upon completion of Sewer Improvement Plan Construction Documents, Finalize Bid Documents to solicit construction bids for the Sewer Improvements, manage bid process and preparation of Construction Contract with selected contractor. c) Prepare RFP and evaluate proposals for Construction Management/Inspection of Improvements
d) Project Management during Construction Phase in the 2023-2024 fiscal year. 5) Support City Staff for the Crest Road East / Eastfield Utility Undergrounding Projects and Vegetation Management Project :
a) Provide support to City staff for the undergrounding projects and vegetation management projects
6) Miscellaneous Professional Services to support City Projects:
a) Provide Professional Services when requested by the City to:
i) Prepare RFP’s / Bid Document assistance for other City projects when requested ii) Manage/provide assistance for additional City projects upon request of the City

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Item No. Project Description Time Period Total Hours Total Fee 1 Project Management for the Design of
City Hall ADA Improvements per the
City’s Transition Plan 8/1/2023 - 6/30/2024 80 $ 13,200 2 Project Management for Outdoor Siren
Project 8/1/2023 - 6/30/2024 40 $ 6,600
3 Project Management for the Tennis
Court ADA Improvements 8/1/2023 - 6/30/2024 80 $ 13,200 4 Project Management for the Design of
the 8-inch sewer main along Portuguese
Bend Road/Rolling Hills Road 8/1/2023 - 6/30/2024 60 $ 9,900 5 Support City Staff for the Crest Road
East / Eastfield Utility Undergrounding
Projects and Vegetation Management
Project
8/1/2023 - 6/30/2024 40 $ 6,600
6 Professional Services / Assistance 8/1/2023 - 6/30/2024 40 $ 6,600 Total Hours 340
Total Fee $ - $ 56,100
In that regard, please find enclosed our Standard Provisions of Agreement for your review.

Should you have any questions, please do not hesitate to call me at (310) 717-3244.

Sincerely,
Alan Palermo Consulting
Alan M. Palermo
Alan Palermo, P.E.

Principal/Owner

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Alan Palermo Consulting

SCHEDULE OF BILLING RATES
Effective January 1, 2022
Principal/Owner $165.00/Hour
Note 1: Hourly rate includes Consultants mileage to perform services on behalf of the Client.

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FIFTH AMENDMENT TO PR O FESSIONAL SERVICES AGREEMENT
THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ("Fifth Amendment") is made and entered into this 26th day of August 2024 by and between the CITY OF ROLLING HILLS, a California municipal corporation (hereinafter the "CITY"), and Alan Palermo Consulting (hereinafter the "CONSULTANT").

R ECITA LS
A. On July 18, 2019, the City entered into a Professional Services Agreement with Consultant ("Agreement") for project management services to assist with the following projects:
1) project/construction management of the bid and construction of tennis court improvements (American with Disabilities Act ("ADA") and aesthetic improvements); 2) project management for the design of ADA improvements at the City Hall building; 3) project management for phase II of the sewer feasibility study; and 4) project management for the FY 2019/2020 annual signage and striping program;
B. On September 14, 2020, City and Consultant amended the Agreement for the first time to expand the scope of work, extend the term, and increase the cost so that Consultant may provide services on the following projects: 1) project management for tennis court improvements (American with Disabilities Act ("ADA") and aesthetic improvements); 2) project management for the design of ADA improvements per the City's transition plan; 3) project management for design of 8" sewer main along Portuguese Bend Road/Rolling Hills Road; 4) project management for Block Captain Program communications project; 5) project management for securing per capital program funded through the Parks and Water Bond Act of 2018 (Proposition 68); and 6) project management for implementing the Fire Prevention through Power Line Undergrounding Project 0526 funded by FEMA's Hazard Mitigation Grant Program ("First Amendment") (the "First Amendment");
C. On June 30, 2022, the City and Consultant amended the Agreement for the second time to extend the term for Consultant to complete the scope of work (the "Second Amendment").

E. On July 10, 2023, the City and Consultant amended the Agreement for the third time to clarify the scope of work, extend the term for Consultant to complete the scope of work, and state the costs for the work provided (the "Fourth Amendment").

F. The Parties now desire to amend the Agreement to extend the term of the Agreement ("Fifth Amendment").

G. Consultant is well qualified by reason of education, training, and experience; and

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Item: 12.A.

Meeting Date: 8/11/2025
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk, Samantha Crew, Management Analyst
Thru: Karina Bañales, City Manager
Subject: Consideration and discussion regarding potential Rolling Hills Municipal Code changes related to National Weather Service Red Flag Warning Days as recommended by the Traffic Commission and City Staff
Background:

The City of Rolling Hills is identified as a Very High Fire Hazard Severity Zone (VHFHSZ), which significantly elevates the risk of wildfire ignition and spread, particularly during periods of strong winds and low humidity, identified by the National Weather Service as Red Flag Warnings (Attachment G).

The wildfire threat in Rolling Hills continues to escalate due to a combination of climatic and environmental factors. Extended periods of drought and higher temperatures, driven by climate change, have intensified fire weather conditions across Southern California. In Rolling Hills, the risk is further amplified by the City’s dense vegetation, hilly terrain, and limited ingress/egress points, which can hamper firefighting efforts and evacuation. These conditions, combined with the continued use of spark-producing equipment and outdoor work during high-risk weather, increase the likelihood of accidental ignitions that can rapidly evolve into catastrophic wildfires. Implementing common-sense restrictions during Red Flag Warnings is a proactive step to reduce that risk and protect lives, property, and the natural environment.

In response to this growing risk, staff are exploring potential municipal code provisions that would prohibit high-risk outdoor work activities during Red Flag conditions. These activities include the use of gas-powered landscaping and construction equipment, open-flame or spark-producing tools, and outdoor smoking. The goal of a potential ordinance is to:
• Reduce the likelihood of human-caused ignition during periods of extreme fire danger; • Foster a community-wide culture of wildfire prevention and awareness; and • Align with best practices already adopted in peer jurisdictions such as Hidden Hills, the City of Los Angeles, Paradise, and Portola Valley.

In recent months, and unrelated to staff's research outlined above, the Traffic Commission requested

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an agenda item on parking in easements with a public safety nexus.

At the May 22, 2025, Traffic Commission meeting, the Commission discussed vehicles parked within roadside easements and the potential public safety impacts on major evacuation routes, as well as ingress/egress access on smaller roads. The Commission requested that the item be continued for further discussion based on public comment provided by LA County Battalion Chief Butorovich, specific to ingress/egress, public safety, and his knowledge of a City of Los Angeles Ordinance focused on parking restrictions within canyons during Red Flag Events. The Administrative Report from May can be found as Attachment B.

Staff collected further information for the Commission to consider and discuss at their July 24, 2025, meeting. The Traffic Commission unanimously voted to have the City Council consider an ordinance excluding street parking on Red Flag Days. Staff will present information below outlining both potential Red Flag Ordinance recommendations.

This evening, Staff are seeking City Council consideration and direction on two items related to Red Flag Warning Days:

1. A potential prohibition on high-risk outdoor work, and

2. A potential prohibition on street easement parking during Red Flag Days. Staff request guidance on whether to proceed with drafting ordinance language based on the proposed framework and examples, and to return at a future meeting with a formal ordinance for review and possible introduction.

Discussion:

This report is divided into two sections for City Council consideration and discussion related to Red Flag Warning Days:

1. Potential Prohibition of High-Risk Outdoor Work

2. Potential Restriction on Street Parking During Red Flag Days

1. Potential Prohibition of High-Risk Outdoor Work
The following summarizes staff’s preliminary recommendations for a potential ordinance. Final ordinance language would be refined and brought back to the Council if directed.

Applicability
• Applies to all private and public properties within the City of Rolling Hills during any period in which a Red Flag Warning has been issued for the area by the National Weather Service.

Definitions
• Red Flag Warning: A fire-weather alert issued by the National Weather Service due to a combination of strong winds, low humidity, and dry fuels, creating heightened wildfire danger. • Gas-Powered Equipment: Any tool or device powered by an internal combustion engine (e.g., lawn mowers, chainsaws, leaf blowers, cement mixers, etc.).

Prohibited Activities During Red Flag Warnings

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• Use of gas-powered landscaping, construction, or outdoor work equipment. • Brush or vegetation clearing, regardless of property size or Fire Code compliance. • Any open flame or spark-producing activity, including welding, torching, burning, barbecues, outdoor fire pits or fireplaces.
• Outdoor smoking of tobacco, cannabis, or any other inhalable product. • Use of spark-producing power tools unless expressly authorized by the Fire Chief or City Manager.

Permitted Activities
• Use of electric or battery-powered equipment in good condition and operated safely per manufacturer instructions.
• Generators used for emergency home power or medical needs. • Gasoline-powered water pumps for fire prevention.
• Emergency operations or government-mandated activities deemed necessary by the Fire Chief or City Manager.

Enforcement
Violations may be subject to administrative citations and fines, as authorized under Chapter 1.08 of the Rolling Hills Municipal Code.

Notification & Outreach
• The City, in coordination with the Rolling Hills Community Association (RHCA), will notify residents and contractors when a Red Flag Warning is in effect. • Information on restrictions will also be distributed to individuals entering the gates, including landscaping and service contractors.

To support this initiative, staff reviewed similar ordinances adopted by neighboring and comparable jurisdictions (Attachment A):
• Hidden Hills: Prohibits gas-powered equipment, outdoor flames, and spark-producing activities during Red Flag Warnings, with exceptions for emergency generators and water pumps. • City of Los Angeles: Restricts metal blade use for brush clearance and bans brush work on Red Flag days, with specific fire safety equipment and penalties up to $1,000 or imprisonment. • Town of Paradise: Declares use of spark-producing equipment during Red Flag conditions a public nuisance and fire hazard, with enforceable penalties and abatement authority. • Portola Valley: Prohibits gas-powered tools on Red Flag or Spare the Air days, with limited emergency exceptions and an escalating fine schedule.

In fire-prone communities like Rolling Hills, prevention must serve as the first and most critical line of defense. While emergency response resources are vital, no firefighting effort can match the effectiveness of preventing ignition in the first place, particularly during Red Flag conditions when fires spread rapidly and unpredictably. With limited ingress and egress routes and dense vegetation, Rolling Hills faces unique vulnerabilities that demand proactive measures. By enacting targeted restrictions during high-risk periods, the City can significantly reduce the likelihood of human-caused ignitions. Fire prevention is not just a policy choice; it is a life-safety imperative. As the risks of wildfire

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continue to grow, the City has an opportunity and a responsibility to lean into a prevention-focused approach that prioritizes public safety, protects property, and safeguards the natural environment for future generations.

Staff are seeking direction from the City Council on whether to proceed with drafting ordinance language based on the proposed framework and examples, and return at a future meeting with a formal draft ordinance for review and possible introduction.

2. Potential Prohibition Excluding Street Parking on Red Flag Days At the May 22, 2025, Traffic Commission meeting, LA County Battalion Chief Butorovich provided input specific to ingress/egress, public safety, and the City of Los Angeles Ordinance (Attachment C) specific to parking restrictions within their canyons or other Very High Fire Hazard Severity Zones (VHFHSZ) during Red Flag Events. Staff have also included a map of those areas (Attachment D).

The City of Los Angeles implemented their Red Flag Parking Restrictions program in January 2006.

When a Red Flag Day is declared by the Los Angeles Fire Department (LAFD), parking is strictly prohibited in posted areas within the VHFHSZ. Zones include narrow roads, sharp curves, hairpin turns, and key intersections or areas where parked vehicles can block access for emergency responders and trap residents during an evacuation.

More than 1700 signs were installed to clearly mark the restricted areas. Illegally parked vehicles are towed to ensure roadways remain clear for emergency access during Red Flag Events.

LAFD has a specific web page regarding Red Flag Parking restrictions (Attachment E), as does the Laurel Canyon Association (Attachment F). Both pages are meant to provide information for residents in any designated areas.

The Traffic Commission unanimously voted to have the City Council consider and discuss an ordinance excluding street parking on Red Flag Days.

Fiscal Impact:

Unknown at this time.

Recommendation:

Receive and file. Provide direction to staff.

Attachments:

1. Attachment A - CL_AGN_250811_CC_RedFlagOrdinance_Comparison

2. Attachment B - CL_AGN_250522_TC_Item11B_AR_F

3. Attachment C - CL_AGN_250724_TC_CoLA_RedFlag_ParkingOrd

4. Attachment D - CL_AGN_250724_TC_LA_RedFlagOrd_Map-GIS

5. Attachment E - CL_AGN_250724_TC_LAFD_RedFlag_Website

6. Attachment F - CL_AGN_250724_TC_LaurelCanyonAssoc_RedFlag_WebPage

7. Attachment G - CL_AGN_250528_CC_Item13A_RH_FHSZ_Map

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Red Flag Warning Activity Restrictions: Municipal Code Comparisons and Best Practices for Wildfire Risk Reduction
The following municipal code excerpts provide examples of how other jurisdictions have addressed this public safety concern. These ordinances establish clear prohibitions, operational protocols, and enforcement mechanisms intended to reduce ignition sources during high-risk weather events. Below is a summary of relevant provisions from several cities.

Hidden Hills Municipal Code - Section 4-3-6: Activities Prohibited During Red Flag Warnings
Key Provisions:
• Outdoor Ignition Sources Prohibited: No use of grills, fire pits, fireplaces, or any outdoor flame-producing activity.
• Power Equipment Ban: Gasoline or propane-powered maintenance tools are prohibited, except for emergency generators or water pumps. • Outdoor Smoking Ban: Smoking of any kind is not allowed outdoors. • Permit Authority: City-issued permits for events may be canceled due to safety risks.
• CEQA Exemption: The ordinance is considered environmentally neutral and exempt from CEQA review.

Code Reference:

Section 4-3-6 of the Hidden Hills Municipal Code establishes a clear and comprehensive list of banned activities and city authority during Red Flag Warnings to protect life and property from wildfire risk.

SECTION 2. Title 4, Chapter 3 of the Hidden Hills Municipal Code is hereby amended by adding thereto a new Section 4-3-6 to read as follows:
4-3-6: - ACTIVITIES PROHIBITED DURING RED FLAG WARNINGS A. The following activities are prohibited during any time a red flag warning issued by the National Weather Service for any area that encompasses all or any portion of the City:

1. The use of portable outdoor barbecue grills.

2. The use of any outdoor fire pits, fireplaces, or any outdoor fire of any kind for any purpose.

3. Any outdoor activity that could cause a spark or flame.

4. The use of gasoline or propane powered equipment for home or property maintenance or repair (e.g. mowers, weed eaters, chainsaws, welders, and portable generators).

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Notwithstanding, generators used for providing emergency power to aa home or for medical use and gasoline powered pumps for providing water are permitted.

5. Outdoor smoking of tobacco, cannabis or any other inhalable product.

B. During a red flag warning, City-issued permits or other authorizations for activities to be located on City property or upon City streets may be reviewed, cancelled, and assigned to a later date if the City determines its staff or general public may be exposed to unnecessary danger.

SECTION 3. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

SECTION 4. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 5. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15307, 15308, and 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment). This ordinance only limits allowable activities during red flag warnings to prevent fires, protect the environment and natural resources and to maintain the status quo of the environment.

There Is no change to the physical environment that is permitted by the ordinance.

SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. PASSED, APPROVED, AND ADOPTED this 10th day of March 2025.

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Los Angeles Municipal Code - Ordinance No. 185789
Key Provisions:
• Metal Blade Restrictions: Only non-sparking metal cutting blades are permitted for brush clearance in Very High Fire Hazard Severity Zones (VHFHSZ). • Operational Safety Measures: On Red Flag Days, brush clearance is prohibited and strict fire safety protocols must be followed during permitted work. • Required Equipment: Fire extinguishers, pressurized hoses, and communication tools must be on site.
• Enforcement & Penalties: Violations can result in fines up to $1,000, misdemeanor charges, or civil cost recovery if a fire results.

Code Reference:

This ordinance emphasizes high-risk fire area protocols and sets strict rules and penalties to prevent equipment-related fires during hazardous weather conditions.

ORDINANCE NO. 185789
An ordinance adding Sections 57.305.5.2, 57.305.5.2.1,57.322.1.1.10 and 57.322.1.1.10.1, and amending Section 57.322.1.1 to Article 7, Chapter V of the Los Angeles Municipal Code to prohibit the use of certain metal cutting blades for brush clearance activities in the Very High Fire Hazard Severity Zone (VHFHSZ), establishing specific requirements for engaging in brush clearance activities in the VHFHSZ, and establishing penalties for violations of such sections. The City finds and declares the following:

WHEREAS, substantial public safety concerns are posed by the use of metal cutting blades to clear grass or brush located in the City of Los Angeles; WHEREAS, several fires have ignited through the use of such blades; and WHEREAS, regulation of use of metal cutting blades, and the establishment of appropriate safety measures is necessary to mitigate the occurrence of such fires.

NOW, THEREFORE,
THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. A new Section 57.305.5.2 is added to Article 7, Chapter V of the Los Angeles Municipal Code to read as follows:

SEC. 57.305.5.2. RESTRICTION ON USE OF CERTAIN METAL CUTTING BLADES.

Use of metal cutting blades for grass or brush clearance shall be limited to those which are non-ferrous/non-sparking.

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The provisions of this section shall apply when grass or brush clearance operations are being conducted in accordance with Section 57.322.1 in areas within the Very High Fire Hazard Severity Zone (VHFHSZ), as defined in Figure 57.4908.1.1.

Sec. 2. A new Section 57.305.5.2.1 is added to Article 7, Chapter V of the Los Angeles Municipal Code to read as follows:

SEC. 57.305.5.2.1. PENALTY.

A first violation of this section shall be an infraction punishable by a fine not to exceed $250. A second and all subsequent violations of this section shall be subject to the provisions of Section 11.00 of the Los Angeles Municipal Code, including prosecution as an infraction or prosecution as a misdemeanor punishable by a fine not !1 185789 to exceed $1,000, by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment, in addition to the aforementioned penalties, any violator convicted under this section, which resulted in a fire, may be liable for any civil cost recovery associated with the fire, as permitted by law.

Sec. 3. Section 57.322.1.1 of Article 7, Chapter V of the Los Angeles Municipal Code is amended to read as follows:

SEC. 57.322.1.1. SPECIFIC REQUIREMENTS.

Each person who has any ownership or possessory interest in, or control of, a parcel of land shall comply with the requirements set forth in Sections 57.322.1.1.1 through

57.322.1.1.10.1.

Sec. 4. A new Section 57.322.1.1.10 is added to Article 7, Chapter V of the Los Angeles Municipal Code to read as follows:

SEC. 57.322.1.1.10. ADDITIONAL BRUSH CLEARANCE REQUIREMENTS.

All Individuals performing grass or brush clearance activities in the VHFHSZ shall adhere to the following specific requirements:

1. Grass or brush clearance operations shall not be conducted on red flag days. Individuals engaged in grass or brush clearance operations shall not engage in any other activities during their actual clearance of grass or brush.

2. Individuals engaged in grass or brush clearance operations shall use an appropriate extinguishing agent immediately to extinguish a fire.

3. All fires, regardless of size, shall be reported immediately via the 9 1-1 system to the Fire Department.

4. A Class 2-A two (2) gallon water fire extinguisher, pressurized garden hose with attached nozzle (fully open), or comparable pressurized Class 2-A extinguishing device, shall be within 10 feet of any grass or brush clearance operation.

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5. Where a gasoline container is present at the site of the grass or brush clearance operation, a minimum 4A 60 BC dry chemical fire extinguisher shall be within 10 feet of the brush clearance operation.

6. 2 A cell phone capable of dialing 9-1-1 shall be charged and readily accessible to the grass or brush clearance operation.

7. A safety strap shall be used at all times for any tool or appliance with hot exhaust. Hot exhaust shall not come in contact with any brush, grass, flash fuels, or other flammable material.

8. Sec. 5. A new Section 57.322.1.1.10.1 Is added to Article 7, Chapter V of the Los Angeles Municipal Code to read as follows:

SEC. 57.322.1.1.10.1. PENALTY.

A first violation of this section shall be an infraction punishable by a fine not to exceed $250. A second and all subsequent violations of this section shall be subject to the provisions of Section 11.00 of the Los Angeles Municipal Code, including prosecution as an infraction or prosecution as a misdemeanor punishable by a fine not to exceed $1,000, by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. In addition to the aforementioned penalties, any violator convicted under this section, which resulted in a fire, may be liable for any civil cost recovery associated with the fire, as permitted by law.

Sec. 6. URGENCY CLAUSE. Based on the findings set forth above, and that use of metal cutting blades to clear grass and brush is likely to continue to occur within the Very High Fire Hazard Severity Zone without the necessary safeguards, the City Council adopts this ordinance as an urgency ordinance that is required for the preservation of the public peace, health and safety. This ordinance shall become effective upon publication.

Sec. 7. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records.

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Paradise Municipal Code - Chapter 8.04: Public Nuisance Abatement Key Provisions:
• Definition of Fire Hazards: Includes dry vegetation, accumulation of combustibles, and activities that generate sparks.
• Equipment Restrictions: No spark-producing tools (e.g., welding, grinding) on Red Flag Days unless a 30-ft buffer zone is cleared and fire suppression tools are present.
• Wind/Humidity Trigger: Work must stop when winds exceed 8 mph and humidity is below 25%, or if a Red Flag Warning is issued.
• Enforcement Tools: Violations may result in liability under State Fire, Health & Safety, and Penal Codes, including cost recovery for fire response.

Code Reference:

The Town of Paradise includes Red Flag Day restrictions within its broader nuisance abatement framework to address both fire prevention and public welfare.

Chapter 8.04 - PUBLIC NUISANCE ABATEMENT

8.04.005 - Purpose and findings.

A. The purpose of this chapter is to educate the public and to promote the health, safety and general welfare of the public by requiring a level of maintenance of private property which will protect the livability, appearance and social and economic stability of the town and which also will protect the public from health and safety hazards and the impairment of property values which results from the neglect and deterioration of property. It is not the purpose of this chapter to regulate cultural or religious expression.

B. Public nuisances cause the following:

1. A reduction in property values;

2. An obstruction to or interference with the comfortable enjoyment of adjacent and/or surrounding properties;

3. Adverse impacts on the aesthetic quality of property, giving the appearance of blighted conditions and a deteriorated environment; and

4. Conditions which are injurious to the public health, safety and general welfare, including, but not limited to, a harborage for rodents and insects, a dangerous attraction for children and the potential for fire and health hazards. (Ord. No. 555, § 1, 3-10-2015)

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8.04.010 - Declaration of what constitutes an unlawful public nuisance.

Each of the following conditions or acts is declared by the town council to be an unlawful public nuisance, and the violation of which shall be an infraction:

A. Fire Hazards. A fire hazard shall be determined by the town fire chief, fire marshal, or their designated representative(s). "Fire hazard" means any condition, arrangement, or act that will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as standard by persons in the public service of preventing, suppressing, or extinguishing a fire. Fire hazard includes but is not limited to:

1. The accumulation of dry or dead shrubs, trees, other vegetation, combustible waste, refuse, or material determined to add to the potential severity of a fire or violates defensible space standards.

2. During any time of the year, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
a. First, clearing away all flammable material, including snags, from the area around such operation for a distance of thirty (30) feet or other approved method to reduce fire spread into the wildlands. If a thirty (30) foot clearing cannot be achieved, the fire code official may authorize an alternate method before work starts.
b. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and a water source, garden hose or equivalent, ready for use in the immediate area during the operation or a minimum of one backpack pump water type/fire extinguisher fully equipped.
c. Stop work when winds are eight (8) miles per hour or greater during periods when relative humidity is less than twenty-five (25) percent, or a red flag condition has been declared.
d. Keep a cell phone nearby and call 911 immediately in case of fire.

3. During a red flag warning, electric or gas-powered metal-bladed landscaping and gardening equipment shall not be operated.

4. Any act, activity, process, operation, or omission which increases or may increase the threat of fire or endangers public safety.

5. Any condition which may hinder, delay, or obstruct the prevention or suppression of a fire.

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6. In addition to all other remedies outlined in this code or otherwise provided by law, the following shall be available to the town and may be enforced against the contractor or other person performing work in violation of this chapter as well as the owner of the real property where the violation occurred:
a. California Code, Public Resources Code - PRC § 4435. b. California Code, Health and Safety Code - HSC § 13007. c. California Code, Penal Code - PEN § 451, § 452 ARSON. d. Actual cost of fire department response - Negligent/reckless caused fire. (remainder of ordinance not shown)
Portola Valley Municipal Code - Chapter 8.34: Red Flag/Spare the Air Days Restrictions
Key Provisions:
• Gas-Powered Equipment Ban: Prohibits use of gas-powered landscaping, construction, and gardening equipment on Red Flag and Spare the Air Days. • Electric Equipment Caution: Allowed only if it can be safely operated without sparking near dry vegetation.
• Emergency Exceptions: Town Manager may authorize equipment use during emergencies.
• Enforcement & Penalties: Includes warnings, escalating fines up to $500, and potential civil enforcement. Violations constitute public nuisances and may result in property liens or court action.

Code Reference:

Portola Valley’s ordinance tightly integrates fire prevention with air quality efforts and provides a layered enforcement strategy, including administrative penalties and legal remedies.

CHAPTER 8.34 - RED FLAG WARNING/SPARE THE AIR DAYS RESTRICTIONS Sections:

8.34.010 - Purpose and definitions.

The National Weather Service issues red flag warnings when weather events may result in extreme fire behavior. Spare the Air days are issued by the Bay Area Air Quality Management District when air quality is forecast to be unhealthy and reducing air pollution is a high priority. These events require additional protections be implemented to

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ensure that the town does not inadvertently contribute to air pollution or wildfire danger.

This section details restrictions on the use of various mechanical equipment for gardening, landscaping and construction during Red Flag/Spare the Air days. (Ord. 2021-437 § 1, 2021)

8.34.020 - Red flag warnings.

In the event of a red flag warning, gas-powered landscaping, construction and gardening equipment shall not be operated. Electric-powered landscaping, construction and gardening equipment may only be used if it can safely be used without causing a fire or a spark, such as when hitting a stone or used near dry vegetation. (Ord. 2021-437 § 1, 2021)

8.34.025 - Spare the Air days.

In the event of a Spare the Air day, gas-powered landscaping, construction and gardening equipment shall not be operated. Electric-powered landscaping, construction and gardening equipment may be used.
(Ord. 2021-437 § 1, 2021)

8.34.030 - Exceptions.

Notwithstanding Sections 8.34.020 to 8.34.025 above, in the case of an emergency, the town manager may authorize the use of gas-powered landscaping, construction and gardening equipment. Any authorized use shall be in writing for a specified duration. (Ord. 2021-437 § 1, 2021)

8.34.040 - Enforcement.

In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the town for violation of this chapter:
1) Any person violating this chapter shall be subject to a civil fine or penalty in the amount set forth below or as established by the town council by resolution, whichever amount is higher:

First violation: Written warning
Second violation: Two hundred dollars.

Third and subsequent violations: Five hundred dollars.
(2) The violation of this chapter shall be an infraction and not a misdemeanor.

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(3) The violation of this chapter shall be and is hereby declared a public nuisance and shall, at the discretion of the town, create a cause of action for injunctive relief. (4) The code enforcement officer, public works director, planning director or designees are authorized to issue stop work orders, notices of violation, administrative penalties and citations under this chapter and/or pursuant to the administrative guidelines adopted by the public works director.
(5) Any citation or penalty received under this chapter may be appealed to the town manager or designee whose determination shall be final. Such appeal must be filed within fifteen days of receipt of the citation or penalty. (6) Whenever the amount of any administrative fine or penalty or administrative cost incurred by the town in connection with a violation of this chapter has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred. (7) The town attorney may bring a civil action against the violator to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the city prevails, the court may award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses, including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.
(8) The remedies provided in this section may be enforced against the contractor or other person performing work in violation of this chapter as well as the owner of the real property where the violation occurred.
(9) All remedies provided in this section shall be cumulative and are not exclusive.

Conclusion
Each of these municipal ordinances reflects a growing recognition of the dangers posed by outdoor activities during Red Flag Warnings. By restricting the use of combustible equipment, spark-producing tools, and other potential ignition sources, cities are actively working to reduce the likelihood of catastrophic wildfires. These policies provide useful models for jurisdictions considering similar regulations to enhance community safety, environmental protection, and emergency preparedness during periods of elevated fire risk.

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Agenda Item No.: 11.B
Mtg. Date: 05/22/2025
TO: HONORABLE CHAIR AND MEMBERS OF THE TRAFFIC COMMISSION FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: CONSIDERATION AND DISCUSSION REGARDING VEHICLES

PARKED WITHIN ROADSIDE EASEMENTS AND POTENTIAL PUBLIC

SAFETY IMPACTS ON MAJOR EVACUATION ROUTES AS WELL AS

INGRESS/EGRESS ACCESS ON SMALLER ROADS
DATE: May 22, 2025
BACKGROUND:

In recent years, the topic of vehicular parking within roadside easements has been brought up by Commissioners under agenda item discussions or Matters from the Traffic Commission. At the March 27, 2025 Traffic Commission meeting, during the verbal report by the Los Angeles Sheriff's Department (LASD), conversation ensued regarding parking within easements specific to potential issues or concerns on major evacuation routes (Portuguese Bend Road, Eastfield Drive and Crest Road) and questions as to whether the LASD issues citations for parked vehicles, per the Rolling Hills Municipal Code (RHMC), between 2am and 4am.

As a result of the discussion between the LASD Deputy and Commissioners (Attachment A), LASD conducted proactive parking enforcement and issued parking citations along a variety of streets within Rolling Hills on April 9, 2025 between 2am and 4am. Staff was subsequently informed by residents expressing discontent with the ticketing and existing policy.

DISCUSSION:

Considering the expressed concerns specific to public safety, staff is bringing this item formally for discussion and/or direction as to whether the Traffic Commission would like to recommend potential changes to the existing Municipal Code (Attachment B) regarding:

Parking within easements along major evacuation routes
Parking within easements along narrow roads
All-night parking
Los Angeles County Fire and Sheriff Department representatives will be in attendance at the meeting to answer any potential questions.
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FISCAL IMPACT:

None.

RECOMMENDATION:

Receive and file. Provide direction to staff or continue the item to July when Vice Chair Bobit returns.

ATTACHMENTS:

Attachment A - CL_AGN_250327_Item9A_DiscussionSummary.pdf RHMC_10.52_StoppingStanding&Parking.pdf
61

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Summary of March 27, 2025 Traffic Commission discussion during the Presentation of Traffic Stats by Los Angeles Sheriff’s Department • Around the 7:40 mark – Vice Chair Bobit asked about whether parking citations were ever issued as he sees parking for extended periods of time along major routes and expressed concern about possible issues in the event of a potential evacuation. • Around the 8:34 mark – Deputy Lopez-Beltran noted that she could let the early morning shift know to give out citations during the 2am-4am window and maybe that would help out.
• Around the 8:58 mark – Vice Chair Bobit reiterated his intent was “on the major routes… doesn’t mean going on every little street” that it might be helpful. • Around the 9:10 mark – Chair Wilson noted that he believed Deputies only responded if it was complaint driven, but he could be wrong. He assumed there was no reason a ticket could not be administered.
• Around the 9:30 mark – Deputy Lopez-Beltran noted that in the past the LASD had received emails specific to overnight parking. But they had not received anything recently. She further stated that deputies could patrol. • Around the 9:59 mark – Vice Chair Bobit noted that it wouldn’t be high-priority, but if they were coming through to keep an eye out.
• Around the 10:25 mark – Staff notes that previous conversations had been had by the commission related to overnight parking and that the Commission could have a broader discussion around parking at a future meeting with a safety nexus built in. 62

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Title 10 - VEHICLES AND TRAFFIC
Chapter 10.52 STOPPING, STANDING AND PARKING
Rolling Hills, California, Code of Ordinances Created: 2025-02-10 14:50:15 [EST] (Supp. No. 29, Update 1)

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Chapter 10.52 STOPPING, STANDING AND PARKING1
Sections:

10.52.010 Applicability of regulations.

The provisions of this title prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a Deputy Sheriff or official traffic control. (Ord. 261 § 1(part), 1996).

10.52.020 Stop sign erection.

Whenever any ordinance or resolution of the City designates and describes any road or portion thereof as a through road, or any intersection at which vehicles are required to stop at one or more entrances thereto, the City Manager shall erect and maintain stop signs. A stop sign shall be erected on each and every road intersecting such through road or portion thereof so designated and at those entrances to other intersections where a stop is required. Every such sign shall conform with, and shall be placed as provided in, the California Vehicle Code. (Ord. 261 § 1(part), 1996).

10.52.030 Through roads and intersections.

Those roads and parts of roads established by resolution of the Council are through roads for the purposes of this title. The provisions of this title shall also apply at one or more entrances to the intersections as such are established by resolution of the Council.
(Ord. 261 § 1(part), 1996).

10.52.040 Emerging from driveway.

The driver of a vehicle emerging from a driveway shall stop such vehicle immediately prior to driving into the bermed area extending across such driveway.
(Ord. 261 § 1(part), 1996).

10.52.050 Stops required at stop signs.

A. The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection, or railroad grade crossing shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.
1 Prior history: Ords. 116 and 138.
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Created: 2025-02-10 14:50:15 [EST]
(Supp. No. 29, Update 1)

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If there is no limit line or crosswalk, the drive shall stop at the entrance to the intersecting roadway or railroad grade crossing.

B. The City Manager may, with the review of the Traffic Commission and the approval of the City Council, provide for the placement of a stop sign at any location on a road where the stop sign would enhance traffic safety.
(Ord. 261 § 1(part), 1996).

10.52.060 Stop for school bus.

A. The driver of any vehicle, upon meeting or overtaking, from either direction, any school bus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the school bus and shall not proceed past the school bus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.

B. The driver of a vehicle upon a road with separate roadways need not stop upon meeting or passing a school bus which is upon the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus when the school bus is stopped at an intersection where traffic is controlled by a traffic officer or official traffic control signal, or when the school bus is stopped at a place where traffic is controlled by a traffic officer or official traffic control signal.

C. 1. If a vehicle was observed overtaking a school bus in violation of subsection A of this section, and the driver of the school bus witnessed the violation, the driver may, within twenty-four hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the Sheriff's Department. The Sheriff's Department shall issue a letter of warning prepared in accordance with subdivision (2) of this subsection with respect to the alleged violation to the registered owner of the vehicle.

The issuance of a warning letter under this subdivision shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty.

2. The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of subdivision (1) of this subsection, and the Sheriff's Department may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy.

D. This section also applies to a roadway upon private property. (Ord. 261 § 1(part), 1996).

10.52.070 Temporary parking signs.

Whenever the City Manager shall determine that unusual traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the City Manager shall have the power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such roads as the City Manager shall direct, during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such assemblages, gatherings or functions, and the City Manager shall cause such signs to be removed promptly thereafter. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. 64

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(Ord. 261 § 1(part), 1996).

10.52.080 Parking adjacent to schools.

The City Manager is authorized to erect signs indicating no parking upon that side of any road adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.

When official signs are erected prohibiting parking upon that side of a road adjacent to any school property, no person shall park a vehicle in any such designated place. (Ord. 261 § 1(part), 1996).

10.52.090 Parking on narrow roads.

The City Manager is authorized to place signs or markings indicating no parking upon any road when the width of the roadway does not exceed twenty feet or upon one side of a road as indicated by such markings when the width of the roadway does not exceed thirty feet. When official signs or markings prohibiting parking are erected upon narrow roads as authorized herein, no person shall park a vehicle upon any such road in violation of any such sign or marking.
(Ord. 261 § 1(part), 1996).

10.52.100 Parking in intersection prohibited.

No person shall park, stop or leave standing any vehicle, whether attended or unattended, within an intersection, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Deputy Sheriff or official traffic control device.
(Ord. 261 § 1(part), 1996).

10.52.110 Parking in crosswalk prohibited.

No person shall stop, park or leave standing any vehicle; whether attended or unattended, within a crosswalk, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Deputy Sheriff or official traffic control device.
(Ord. 261 § 1(part), 1996).

10.52.120 Parking near fire station prohibited.

No person shall stop, park or leave standing any vehicle whether attended or unattended within fifteen feet of the driveway entrance to any fire station, except when necessary to avoid conflict with other traffic or in compliance to the directions of a Deputy Sheriff or official traffic control device. (Ord. 261 § 1(part), 1996).
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10.52.130 Hazardous parking prohibited.

No person shall stop, park or leave standing any vehicle, whether attended or unattended, which, when so stopped or parked, constitutes a hazard to other traffic, except when necessary to avoid conflict with other traffic or in compliance to the directions of a Deputy Sheriff or official traffic control device. (Ord. 261 § 1(part), 1996).

10.52.140 Parking on equestrian path prohibited.

No person shall stop, park or leave standing any vehicle; whether attended or unattended, upon any bridle trail or equestrian path so as to cause equestrians to use the road instead of such trail or path. (Ord. 261 § 1(part), 1996).

10.52.150 Parking near fire hydrant prohibited.

No person shall stop, park or leave standing any vehicle within fifteen feet of a fire hydrant except as follows:

A. If the vehicle is attended by a licensed driver who is seated in the front seat and who can immediately move such vehicle in case of necessity;
B. If the City Council adopts an ordinance or resolution reducing that distance. If the distance is less than ten feet total length when measured along the curb or edge of the road, the distance shall be indicated by signs or markings;
C. If the vehicle is owned or operated by a fire department and is clearly marked as a fire department vehicle.
(Ord. 261 § 1(part), 1996).

10.52.160 Setting brakes and stopping motor required when parking.

A. No person driving, or in control of, or in charge of, a motor vehicle shall permit it to stand on any road unattended without first effectively setting the brakes thereon and stopping the motor thereof.

B. No person in control of, or in charge of, any vehicle, other than a motor vehicle, shall permit it to stand on any road without first effectively setting the brakes thereon, or blocking the wheels thereof, to effectively prevent the movement of the vehicle.
(Ord. 261 § 1(part), 1996).

10.52.170 Leaving person locked in vehicle prohibited.

No person shall leave standing a locked vehicle in which there is any person who cannot readily escape therefrom.
(Ord. 261 § 1(part), 1996).
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10.52.180 Opening doors of vehicle.

No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
(Ord. 261 § 1(part), 1996).

10.52.190 Parking near posted areas prohibited.

No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon any road or in an area adjacent to and within fifteen feet of the road which is posted with official signs prohibiting such parking, stopping or standing, except on the property of the owner or driver of the vehicle. (Ord. 261 § 1(part), 1996).

10.52.200 Blocking wheels required when.

No person driving, or in control of or in charge of a motor vehicle shall permit it to stand on any road unattended when upon any grade exceeding three percent without blocking the wheels of the vehicle by turning them against the curb or by other means.
(Ord. 261 § 1(part), 1996).

10.52.210 All-night parking prohibited.

No person shall stop, stand or park a vehicle on any road for a period of time longer than one hour between the hours of two a.m. and four a.m. of any day, except authorized emergency vehicles and the vehicle of any regularly licensed physician when engaged in making professional calls. (Ord. 261 § 1(part), 1996).

10.52.220 Blocking driveway prohibited.

No person shall stop, park or leave standing any vehicle, whether attended or unattended, in front of a public or private driveway, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Deputy Sheriff or official traffic control device. (Ord. 261 § 1(part), 1996).

10.52.230 Parking near excavation prohibited when.

No person shall stop, park or leave standing any vehicle, whether attended or unattended, alongside or opposite any street or road excavation or obstruction when such stopping, standing or parking would obstruct traffic, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Deputy Sheriff or official traffic control device.
(Ord. 261 § 1(part), 1996).
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10.52.240 Parking near traffic control devices prohibited.

No person shall stop, park, or leave standing any vehicle, whether attended or unattended, within twenty feet of a stop sign, official electric flashing device or any other official traffic control device or sign. (Ord. 261 § 1(part), 1996).

10.52.250 Parking over seventy-two hours prohibited.

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any road for more than a consecutive period of seventy-two hours. (Ord. 261 § 1(part), 1996).

10.52.260 Parking for sale prohibited.

No person shall park any vehicle on any road for the principal purpose of advertising or displaying it for sale.

This section includes areas adjacent to and within fifteen feet of the roadway, except on the property of the owner of the vehicle.
(Ord. 261 § 1(part), 1996).

10.52.270 Repairing vehicles on roads prohibited when.

No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any road in the City. Temporary emergency repairs may be made upon a road.
(Ord. 261 § 1(part), 1996).

10.52.280 Washing vehicles on road for charge prohibited.

No person shall wash or cause to be washed, polish or cause to be polished, any vehicle or any part thereof upon any road in this City, when a charge is made for such service. (Ord. 261 § 1(part), 1996).

10.52.290 Vehicle removal—Traffic obstructions or hazards.

A Deputy Sheriff may remove a vehicle from a road when any vehicle is left standing upon a road in such a position as to obstruct the normal movement of traffic or in such condition as to create a hazard to other traffic upon the road.
(Ord. 261 § 1(part), 1996).

10.52.300 Vehicle removal—Blocking entrances.

A Deputy Sheriff may remove a vehicle from a road when it is left standing blocking any driveway, entrance to a private road or bridle trail.
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(Ord. 261 § 1(part), 1996).

10.52.310 Vehicle removal—Blocking fire hydrant.

A Deputy Sheriff may remove a vehicle from a road or adjacent area when such vehicle is left standing so as to prevent access by fire fighting equipment to a fire hydrant. (Ord. 261 § 1(part), 1996).

10.52.320 Vehicle removal—Incapacitated driver.

A Deputy Sheriff may remove a vehicle from a road when the person or persons in charge of such vehicle are by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal.
(Ord. 261 § 1(part), 1996).

10.52.330 Vehicle removal—Arrested driver.

Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or Deputy Sheriff; or any regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations of the City may remove a vehicle located within the City: (1) when the officer or Deputy Sheriff arrests any person driving or in control of a vehicle for an alleged offense and the officer or Deputy Sheriff is, by this title or other law, required or permitted to take, and does take, the person into custody; or (2) when an officer or Deputy Sheriff serves a notice of an order of suspension or revocation. (Ord. 261 § 1(part), 1996).

10.52.340 Vehicle removal—Hit-and-run investigations.

A. When any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or Deputy Sheriff, has reasonable cause to believe that a motor vehicle on a road or on private property open to the general public onto which the public is explicitly or implicitly invited, located within the City, has been involved in a hit-and-run accident, and the operator of the vehicle has failed to stop and comply with the provisions of Chapter 10.20 of this title, the officer may remove the vehicle from the road or from public or private property for the purpose of inspection.

B. Unless sooner released, the vehicle shall be released upon the expiration of forty-eight hours after such removal from the road or private property upon demand of the owner. When determining the forty-eighthour period, weekends, and holidays shall not be included.

C. Notwithstanding subsection B of this section, when a motor vehicle to be inspected pursuant to subsection A of this section is a commercial vehicle, any cargo within the vehicle may be removed or transferred to another vehicle.

This section shall not be construed to authorize the removal of any vehicle from an enclosed structure on private property which is not open to the general public. (Ord. 261 § 1(part), 1996).
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10.52.350 Vehicle removal—Over seventy-two hours.

A Deputy Sheriff may remove a vehicle from a road when such vehicle is left parked or standing for seventytwo hours in violation of this title. (Ord. 261 § 1(part), 1996).

10.52.360 Curb markings.

The City Manager is authorized to place the following berm (also known as "curb") markings and/or signs to indicate parking or standing regulations. Such markings shall have the following meanings:

A. Red means no stopping, standing or parking at any time except as permitted by this title, and excepting that a school bus may stop in a red zone marked or signed as a bus loading zone.

B. White means stopping for loading or unloading of passengers, or for depositing mail in an adjacent mailbox.

C. Green means no standing or parking for a period of time longer than twenty minutes at any time between the hours of eight a.m. and five p.m. of any day, excepting Sundays and holidays.

D. Blue means parking is limited exclusively to the vehicles of disabled persons and disabled veterans. (Ord. 261 § 1(part), 1996).
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SEC. 80.72. PARKING PROHIBITED OR LIMITED ON CERTAIN STREETS ON RED FLAG ALERT DAYS. (Added by Ord. No. 177,215, Eff. 2/8/06.)
(a) Whenever, with reference to any street or portion of a street in the City of Los Angeles’ Very High Fire Hazard Severity Zone, the Fire Department determines that parking on one or both sides of the street would create a hazard to life or property by interfering with emergency vehicle access and resident evacuation during a major brush fire, the Department of Transportation is hereby authorized to install and maintain at that place signs giving notice that no person shall park a vehicle during a Red Flag Alert in the City of Los Angeles. The Department of Transportation is further authorized to include notice, on any sign that prohibits the parking of vehicles on Red Flag days, that vehicles parked in violation of the sign may be removed. (b) It shall be unlawful, when authorized signs are in place giving notice, to park any vehicle on any of the streets or portions of streets in the City’s Very High Fire Hazard Severity Zone in violation of the signs. (c) Signs prohibiting parking installed pursuant to this section are only enforceable on Red Flag Alert days in the City of Los Angeles as declared by the Mayor or the Mayor’s designee.
(d) The provisions of Section 88.01.1 of this chapter are not applicable to signs erected pursuant to this section.

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An Official Website of the City of Los Angeles

RED FLAG STATUS
Red Flag restrictions are NOT in effect
NOTE: In July 2025, the Red Flag website moved to this platform. Those already subscribed who do not want to change their contact details do not need to take any action. Those wishing to update their information will need to create a new account via the link HERE or at the top of the page.

How To Video:

LAFD: Red Flag Parking Restrictions Has a New Home
City Services City Directory

RED FLAG PARKING

RESTRICTIONS
Sign up for notifications

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To protect lives and property during wildfire conditions, the City of Los Angeles implemented the Red Flag Parking Restrictions Program, active since January 1, 2006.

When a Red Flag Day is declared by the Los Angeles City Fire Department, parking is strictly prohibited in posted areas within the Very High Fire Hazard Severity Zones.

These zones include narrow roads, sharp curves, hairpin turns, and key intersections, areas where parked vehicles can block access for emergency responders and trap residents during evacuation.

More than 1,700 signs were installed by the Department of Transportation to clearly mark these restricted areas. Illegally parked vehicles will be towed to ensure roadways remain clear for emergency access.

View the Red Flag restricted parking areas map.

WHAT IS A RED FLAG DAY?
The City of Los Angeles declares a Red Flag Day when the weather conditions are such that the potential for a fast-moving brush fire is extremely high. The conditions are defined as wind speeds 25 mph or more and humidity 15% or less.

HOW OFTEN WILL THERE BE RED FLAG DAYS?
Over the past years, the maximum number of Red Flag days has been 12. The average of Red Flag days per year is 4 to 7.

HOW WERE THE AREAS IDENTIFIED?
Fire Department Station Commanders were asked to survey their districts and identify the areas that would create a problem for citizens while evacuating and for fire companies entering the area during a fast moving brush fire. Station Commanders were directed to identify narrow roads, tight curves, and critical intersections that

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would create choke points. The areas identified were reviewed by the Fire and Transportation Departments to make sure the criteria for posting was accurate. Once identified, the Department of Transportation took the role of posting signs.

WHY IS THERE ENFORCEMENT ONLY DURING RED FLAG DAYS?
The potential for a choke point being created is a daily concern in the identified areas, but during a situation of mass exodus during a brush fire event a choke point can trap, hinder, or delay lifesaving efforts from first responders.

HOW WILL I KNOW IF THERE IS A RED FLAG DECLARATION?
Residents can choose to receive push-notifications (text, phone, email) via the LAFD Red Flag Notification System
Residents can visit www.lafd.org to check the current status of the flag located in www.lafd.org/redflag
Every local news outlet has agreed to broadcast during traffic, and weather segments that the City of Los Angeles is in a Red Flag situation Every fire station will fly a red flag during the declaration.

WHY DO WE HEAR ON THE RADIO OR TELEVISION THAT THERE

IS A RED FLAG CONDITION YET THE CITY OF LOS ANGELES IS
NOT ENFORCING THE PARKING RESTRICTIONS?
Radio and Television weather reports are broadcast to a wider community than the City of Los Angeles, and the information they share on “Red Flag Warnings” for instance, may not apply to the areas served by Your LAFD. Visit www.lafd.org or contact your local LAFD fire station to determine if the Red Flag Parking Restrictions have been enacted.

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HOW DOES THE RED FLAG ALERT SYSTEM WORK?
When fire weather conditions in the City of Los Angeles dictate that special parking restrictions be enacted, Fire Department staff will activate the Red Flag Alert System.

The System will send a notification to all subscribers of the system via text, phone, or email depending on the selections made during registration.

IS MY CONTACT INFORMATION STORED IN THE RED FLAG
ALERT SYSTEM'S DATABASE?
The Red Flag Alert System is an Opt-In System and as such does not store any information other than that which was provided by the registrant.

WHAT PRECAUTIONS ARE TAKEN TO PROTECT PERSONAL
CONTACT INFORMATION STORED IN THE SYSTEM? STILL
ACCURATE?
Red Flag Alert System data is not shared, distributed, traded, leased, or loaned to any private or public party. Access to the information stored is only accessible to a limited number of members in the City of Los Angeles Fire Department.

HOW DOES THE RED FLAG ALERT SYSTEM RESPOND TO BUSY
SIGNALS OR NO-ANSWER SITUATIONS?
When the System encounters a busy signal, the system will attempt to deliver the message to the secondary point of contact provided by the registrant; if one is provided.

WILL THE RED FLAG ALERT SYSTEM BE USED FOR
EMERGENCIES?

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The System is an Opt-In system; hence, it is considered incomplete for a resident outreach campaign. As an advisory system, the System only provides important versus critical information. During an established emergency the City, County, and other government entities will coordinate to disseminate information through all available communication channels.

IF I HAVE PROVIDED MORE THAN ONE PHONE NUMBER, WHAT
NUMBER WILL BE CALLED? STILL ACCURATE?
The System will call your primary number, if there is no answer the system will call your secondary number if one is provided. The System is programmed to leave a message if it encounters a recording device. Furthermore, the System will only make one attempt per device.

WILL THE RED FLAG ALERT SYSTEM CALL NUMBERS OUTSIDE
THE CITY'S AREA CODES?
Yes. The area code does not impact whether or not a call is made. In addition, the program is aware that, from time to time, guests, visitors, and other entities can have an extended visit to the City and as such we owe the same courtesy to all registrants.

WILL THE RED FLAG ALERT SYSTEM WORK IF I SCREEN MY
COMMUNICATION?
The System works with call screening devices but it is best practice to add the communication information to your screening device. Failure to add the Red Flag Alert System information may result in a failed delivery. In relation to E-mail's spam filters, the System cannot circumvent such technology. To receive an prompt and accurate message the System's E-mail address must be allowed to pass.

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IF I AM LISTENING TO A MESSAGE LIVE, IS THERE A WAY TO
REPEAT IT?
The System is interactive. The registrant is given options on how to process the call. At a given time during the call, the registrant is given an option to repeat the message or terminate the call.

How do I change or delete the information I registered? The registrant may use the log in feature in the System to change or delete contact information.

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J O I N L C A C O N TAC T U S
RedFlag
Days
In an attempt to increase public safety, the Los Angeles Fire Department and Department of Transportation created a program to remove illegally parked vehicles in posted locations within the Very High Fire Hazard Severity Zones. These are essentially the narrow streets in our canyon where it may be difficult to move a high amount of traffic through. You will signs all over the neighborhood that look like this:

How Do I know when it’s a Red Flag Day?
To determine if an LAFD red flag is in place, you can check lafd.org/redflag for the current status. While the duration of each red flag lasts 24 hours, it may be renewed once that period is over, so it’s a good idea to recheck the website or LAFD’s Twitter.

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City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:20,000 at 11" x 17"
Km 0 0.2 0.4 0.6 0.8 1 1.2 1.4 1.6
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Mi 0 0.2 0.4 0.6 0.8 1 Area (LRA), as Identified by the State Fire Marshal
Rolling Hills
Portuguese
Bend
Rd
Saddleback
Rd
Eastfield
Dr
Southfield
Dr
Buggy
Whip
Dr
Crest Rd W
J
oh
ns
C
a
n
yo
n
Rd
G
e
o
r
g
e
f
f
Rd
Lower
Bla
c
kwate
r
Canyon
Rd
Crest Rd E
C
h
u
c
kwa
go
n
Rd
CaballerosRd
Pine Tree
Ln

UNINCORPORATED
LOS ANGELES CO.

RANCHO
PALOS
VERDES
RANCHO
PALOS
VERDES
RANCHO
PALOS
VERDES

ROLLING

HILLS ESTATES

ROLLING
HILLS

ESTATES

TORRANCE
March 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF ROLLING HILLS – LOS ANGELES COUNTY
Very High High Moderate
113

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Item: 12.B.

Meeting Date: 8/11/2025
To: City Council
From: Samantha Crew, Management Analyst
Thru: Karina Bañales, City Manager
Subject: Review and discuss the three additional proposed Emergency Outdoor Siren locations identified by HQE Systems, resident feedback gathered to date, and provide direction on which sites should proceed to the RHCA for licensing consideration Background:

During Fiscal Years 2019-2020 and 2020-2021, the City Council allocated funding to explore emergency communication platforms in the event of a complete power failure in the community.

Initial efforts involved the purchase of two-way radios, which were ultimately determined to be ineffective. In response, a Request for Proposal (RFP) was issued to identify alternative communication systems.

In March 2021, the City received a proposal from HQE Systems, Inc. (HQE). Following staff recommendation and further Council-directed research, a Professional Services Agreement (PSA) with HQE was approved on August 23, 2021, to conduct a feasibility study for a Mass Notification System. The study, presented on January 10, 2022, outlined two initial solutions using siren systems with varying installation methods and associated costs.

Subsequent Council meetings explored maintenance costs, site-specific options, and revised system configurations. On January 23, 2023, the Council selected four potential outdoor emergency siren pole locations and, on June 12, 2023, approved installation of a system at three of those locations.

On June 26, 2023, the Council approved a PSA with HQE for system installation with a target goal of 70dB outdoor sound coverage for all residents.

Over the course of 2023 and 2024, staff worked with HQE, the Rolling Hills Community Association (RHCA), and permitting agencies to finalize plans, conduct testing, and make adjustments to optimize performance. A siren system test on March 4, 2025, revealed remaining gaps in coverage, prompting the Council to direct staff to work with HQE and the RHCA to evaluate new pole locations that would close the coverage gap.

Supplemental sound testing was conducted by HQE in April, 2025. Using tripod-mounted speakers, the vendor evaluated additional sites based on modeling, resident survey feedback, and terrain. HQE identified six potential new locations and has submitted these options for Council consideration. Of

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these, three locations are proposed as the ultimate goal to close the existing sound coverage gaps across the three identified areas. HQE has exhausted its search to identify viable locations, and the proposed sites in this report represent the most feasible and effective options based on its comprehensive evaluation.

The site map included in this report illustrates the full history of siren site exploration, spanning from the original feasibility study in 2020 through the present day (2025). Multiple potential locations were identified and evaluated through a collaborative effort involving HQE, City staff, the RHCA, and residents. Each site was assessed for feasibility based on key factors such as terrain, existing infrastructure constraints, sound coverage potential, and view preservation.

This thorough search has been further shaped by significant resident feedback and, in some cases, pushback, prompting additional site evaluations to ensure a balanced approach between public safety goals and community preferences. Several locations situated on Cal Water-owned property were ultimately ruled out, as Cal Water declined to grant access, rendering those sites infeasible.

As shown on the map (next page), HQE has completed a comprehensive evaluation of viable locations and has identified the most effective options currently available. It is also important to recognize that each site visit entails a commitment of resources from HQE, including travel and staff time. These cumulative efforts by the City and HQE reflect a shared commitment to establishing a reliable and thoughtfully planned emergency outdoor mass notification system. Overall, 50+ locations were identified or proposed for siren locations by HQE, City Staff, and Residents

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Purple ⧬ - Original proposed locations for the feasibility study. 12 siren and 9 siren proposals.

Yellow ⧬ - Current sirens installed at location.

Green ⧬ - Current proposed locations for expansion.

Red ⧬ - Locations deemed not viable, insufficient coverage, rejected, and concerns raised by residents.

HQE has offered to cover 100% of labor, Other Direct Costs (ODCs), and cellular communications expenses. However, the City is being asked to fund equipment and materials at cost (Attachment A).

This represents a shift from prior expectations and still requires Council consideration.

The City has made significant progress toward establishing a reliable emergency outdoor mass notification system to enhance public safety during emergencies. With HQE’s comprehensive evaluation now complete and viable sites identified, staff seek Council direction on whether to proceed with the proposed expansion locations and funding solutions. Finalizing the system configuration will ensure consistent and equitable siren coverage across the community.

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Discussion:

Community Outreach and Site Evaluation:

To help inform the City Council's decision-making process, outreach was conducted to gather meaningful resident input on the proposed siren expansion locations. Outreach included phone calls, emails, and neighborhood meetings where feasible. Due to limited access to complete contact information, staff used all available methods to reach as many affected residents as possible. The feedback collected is intended to assist in evaluating which sites are most viable and appropriate.

Resident Feedback by Area and Location:

Area 1, Location 1 - Ringbit Cul-de-Sac
Staff contacted seven residents:
• Three expressed support for the proposed location.
• Two voiced objections, citing concerns over visual impact and property values. One suggested an alternative site behind nearby mailboxes.
• Two did not express a definitive opinion.

A neighborhood meeting was held with staff, Councilmember Mirsch, and RHCA Manager Kristen Raig. Following the meeting, HQE assessed the viability of the suggested alternative location, pending utility clearance via DigAlert. Conversations continued with nearby Southfield homeowners.

One expressed support for the project, but concerned over the pole being placed solely on their easement. Another voiced strong support for improved emergency alert capabilities.

Area 1, Location 2 - Ringbit & Southfield (Behind the Mailboxes) Staff contacted two residents:
• One expressed concern about the proximity to their home, seismic safety, and the fairness of bearing installation impacts. However, they were still open to a solution. • One expressed strong support, emphasizing the importance of timely emergency alerts and staff engagement. This resident is directly above the site, as the pole would be added below their property and potentially impact their view.

Area 2, Location 1 - Chesterfield Cul-de-Sac
Staff contacted seven residents:
• Two expressed support.
• One voiced strong opposition due to existing utility poles and a lack of beautification. • Four did not raise objections during initial contact.

A neighborhood meeting was held with staff and RHCA. Two attendees voiced concerns primarily related to aesthetics. In general, residents acknowledged the need for the system but expressed a preference for the pole to be located out of direct view from their homes. Overall, the meeting was productive and allowed for a constructive exchange of information.

In response to resident inquiries from Chesterfield, staff asked HQE to evaluate the viability of a siren

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location near the dip in the road between Upper Willow Springs Trail and Lower Willow Springs Trail on Chuckwagon. Although this site is somewhat out of the way and could minimize visual impact, HQE advised that the location would not effectively propagate sound due to the bowl effect created by the surrounding terrain. As a result, it would not adequately address the existing coverage gaps.

Area 2, Location 2 - Chuckwagon (Near Bowie)
Staff contacted five residents:
• Two opposed the proposed location, with one expressing strong frustration. • One was open to the concept, citing public safety benefits. • Two did not respond.

Area 3, Location 1 - Upper Blackwater and Portuguese Bend Road (RHCA Triangle) Staff contacted three residents:
• One expressed strong support and appreciation for the City’s efforts. • One supported the project but voiced concerns due to a medical condition that could be triggered by the siren.
• One resident expressed strong opposition to the proposed location, stating that the RHCA triangle has been the source of previous grievances and that placing a siren pole there would exacerbate existing concerns and negatively impact property values. The resident also mentioned that the City may receive correspondence from their legal counsel regarding this matter. The resident also informed staff that the City should expect to receive correspondence from their legal counsel regarding the matter.

Area 3, Location 2 - Portuguese Bend Road and Wagon Lane Staff contacted three residents:
• One expressed full support and even offered their own property, though the site was deemed unsuitable by HQE.
• One resident strongly objected to the proposed location, indicated the potential for litigation, and submitted a Public Records Act request to better understand the history of the siren project. The requested records were provided.
• One did not respond.

During recent conversations with residents, staff received several thoughtful questions regarding the emergency siren system. One common concern was the potential impact of electromagnetic fields (EMF) emitted by the sirens. HQE clarified that EMF discharge from the system is extremely minimal.

The equipment that emits EMF is housed in a control box located near the lower portion of the pole, and it only becomes active when the siren is sounding. Sirens are activated during occasional system testing and in rare, dire emergencies when evacuation or shelter-in-place becomes necessary. According to HQE, the EMF levels generated are lower than those produced by a standard residential television.

Another question raised was whether reducing the height of a siren pole affects its sound coverage.

The answer is yes. This was demonstrated at the Fire Station site, where the original design called for a taller pole to maximize sound propagation. That height would have allowed the siren to effectively cover a broader area. However, in response to view preservation concerns, the pole was installed at a lower elevation, which has since contributed to the sound coverage gap in that part of

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the City.

Residents also asked whether the poles could tip over during an earthquake. While it is impossible to predict the specific effects of a major seismic event, HQE has assured the City that their sirens are engineered with stability in mind. Each pole is installed with approximately 10 feet of its structure below ground to enhance anchoring and structural integrity in the event of ground movement.

Some residents have expressed a preference for a more uniform appearance by co-locating siren poles next to existing utility infrastructure. This approach is inconsistent with industry best practices and may compromise the system’s effectiveness. Achieving optimal outdoor sound coverage requires careful consideration of terrain, elevation, and spacing, not just aesthetics. According to HQE, proceeding with siren placement solely based on uniformity would not accomplish the desired result of maximizing emergency notification coverage for the entire community.

SAFE Network:

HQE has committed to proceeding with the installation of the SAFE Network as part of its continued partnership with the City of Rolling Hills. The SAFE Network (Secure Alerting for Emergencies) is a technology-based communication platform designed to supplement traditional outdoor siren systems by delivering emergency alerts directly to indoor locations through dedicated receiver units known as SAFE Units. These devices are especially valuable in areas where terrain, distance, or infrastructure limitations reduce the effectiveness of siren sound propagation.

The SAFE Network creates a mesh of communication relays using the existing siren poles to transmit signals wirelessly to each individual SAFE Unit. Once installed, these units can audibly and visibly alert residents to emergencies such as wildfires, earthquakes, or evacuation orders, even if the siren is not clearly heard outside or at all indoors.

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In recognition of the City’s unique topography and the resulting challenges in achieving 100% outdoor sound coverage at the 70 dB threshold, HQE has offered to install the SAFE Network free of charge (Attachment B). While the network installation is covered, individual SAFE Units must be purchased by residents.

Next Steps:
• If the City Council determines the proposed siren locations are acceptable, staff will present the selected sites to the RHCA Board.
• Staff will request licensing agreements from the RHCA for use of the necessary easements. • Following RHCA approval, the next phase will involve County permitting, which may take several months to complete.

While the pace may appear incremental, this process, final site selection, easement licensing, and permitting, is essential to ensure compliance with all regulatory and technical requirements prior to installation.

Conclusion:

The City’s emergency outdoor mass notification system is a critical component of its emergency preparedness strategy, designed to ensure timely public alerts in life-threatening situations. As the City works to close existing sound coverage gaps, the identification of viable new siren locations is a key step in fulfilling this vital public safety goal. With community feedback carefully considered and technical evaluations complete, staff now look to the City Council for guidance on how to proceed.

Fiscal Impact:

To achieve the goal of closing existing sound coverage gaps, three additional siren poles have been recommended by HQE. The associated fiscal impacts include costs for pole materials, installation, cellular data and related infrastructure.

Labor $36,051.67
Other Direct
Costs
$28,785.28
Cellular Data $2,794.00
Equipment $63,969.23
Total $131,600.18
Recommendation:

Staff request direction regarding the following:
• Whether further exploration for additional siren locations is warranted. • Which locations, if any, should be submitted to the RHCA Board for consideration and licensing of necessary easements.
• Whether staff should return at a future meeting with finalized documentation for the approved sites and next steps for implementation.
• Direction on potential funding solutions for the addition of three new siren poles.

Attachments:

1. Attachment A - PS_SIR_250512_HQE_Estimate_System Expansion

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2. Attachment B - PS_SIR_250324_HQE_SAFE_GRANT

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City of Rolling Hills
System Expansion
April 25, 2025
Prepared For
City of Rolling Hills
ATTN: [Client POC Name]
POC Title: [Position Title]
POC Phone: [Phone Number]
POC Email: [Email Address]
[Street Address]
[City, State Zip]
Prepared By
HQE Systems, Inc.

POC Title: Qais Alkurdi
POC Phone: (800) 967-3036
POC Email: [email protected]

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Summary
HQE Systems, Inc., a Service-Disabled Veteran-Owned Small Business (SDVOSB), is pleased to present the following cost estimate for the proposed system expansion at the City of Rolling Hills. This proposal is in response to the City's request for the addition of four (3) outdoor warning sirens. This offer is valid for 90 days. To proceed, please submit any resulting purchase order or contract to:
[email protected]
Proposed Cost
# Description QTY
1 LS 30 Omnidirectional Clear Voice & Tone Sirens
To Include:
● SiRcom LS30 Clear Voice and Tone Sirens on 30’ Poles
● Amplifer
● Siren Control System
● Communications
● Solar with Battery Backup
3 Confidentiality Notice:

This document contains proprietary pricing information. Do not share or distribute. Pricing reflects HQE’s internal at-cost rates and is provided exclusively for consideration by the City of Rolling Hills.

SENSITIVE - PROPRIETARY DATA - HQE’s AT COST PRICING

DO NOT RELEASE - SANITIZE BEFORE SHARING
# Budget Summary At Cost Pricing
1 Total Labor (Covered by HQE) $36,051.67
2 Other Direct Costs (Covered By HQE) $28,785.28
3 LTE/SIM Service - 3 Additional Locations - 2 Year PKG (Covered By HQE) $2,794.00 4 Equipment and Materials At Cost Pricing (To Be Covered By The City of RH) $63,969.23 HQE’s Actual Cost To Perform This Work $131,600.18
To continue providing valuable support to the City, HQE Systems is offering to cover 100% of the costs for all Labor, Other Direct Costs (ODCs), and the Cellular Communications Data Package associated with the project — a total contribution valued at $67,630.95.

HQE respectfully requests that the City cover only the cost of the equipment and materials, provided at cost with no markup. The total for these equipment and material costs is $63,969.23.

HQE SYSTEMS, INC. | A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

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Value Added Offer - Additional Services and Products
At HQE Systems, we are deeply committed to supporting the safety, preparedness, and resilience of the City of Rolling Hills. As a gesture of our dedication to public service and community partnership, we are proud to offer, at no cost to the City, a comprehensive package of critical services and technologies. This includes a Bumper-to-Bumper No Hassle Full Maintenance Service Plan valued at $29,274.22 for one year, 25 Portable Alert Units ("SAFE Units") valued at $4,875.00, access to our cutting-edge Alert and Warning Software Package (supporting up to 100,000 alerts across SMS, voice calls, emails, social media posts, foreign language support, and visitor management) valued at $5,000, and expert Emergency Management Operations Plans Development Support valued at $15,000. We make this contribution in good faith, with no expectation of future obligation, because we believe in delivering real value and standing behind our word. It is our honor to assist the City of Rolling Hills in enhancing its emergency preparedness and public safety capabilities.
# Description QTY Value
1 ● Bumper-To-Bumper No Hassle Full
Maintenance Service Plan
The plan includes:
● Full system diagnostics and proactive
maintenance
● On-site and remote technical support
● Unlimited parts and labor for repairs
● Firmware and software updates
● Priority response times for service
requests
● Equipment replacement if necessary
● Annual system health checks and
performance audits
1 Year $29,274.22
2 ● Portable Alert Units (“SAFE Units”)
25 $4,875.00
Pre-Tax and S&H
3 ● Use of the Alert and Warning Software
Package
○ SMS/Voice Calls
○ Emails
○ Social Posts
○ Foreign Language Support
○ Visitor Management
○ 1 Year Coverage Period
100,000
Alerts
$5,000
4 ● Emergency Management Operations
Plans Development Support
1 $15,000
HQE SYSTEMS, INC. | A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

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End of Estimate
“Our goal at HQE is to continue to serve our veterans through our ‘Hire Veterans Policy HQE-2015-2025’.

We appreciate our current and past customers who have helped us meet our goals of hiring veterans throughout the years. Your support in HQE is directly impacting the support of our incredible veterans.

Thank you for your consideration and support of Minority Business Enterprise (MBE), Disadvantaged Business Enterprise (DBE), and Service Disabled Veteran Owned Small Business (SDVOSB)!.” Thank You from the team of HQE Systems Inc.

Qais Alkurdi
CEO, Disabled Veteran / Retired
HQE SYSTEMS, INC. | A Service-Disabled Veteran Owned Small Business (SDVOSB) Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

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2024 Community SAFE Grant (CSG) Award
Presented by HQE Systems, Inc.
“Thank You For Supporting The Veteran Community!”
Dear Members of the City Council and Leadership of Rolling Hills, On behalf of HQE Systems, Inc., we are honored to present the City of Rolling Hills with the 2024 Community SAFE Grant (CSG). This grant represents our commitment as a veteran-owned organization to strengthening local life-saving capabilities for communities that exemplify unwavering support for U.S. veterans. The residents, Block Captains, City management, and leadership of Rolling Hills have been steadfast allies to HQE Systems, a California Disabled Veteran Business Enterprise (DVBE). Your collective efforts to build a safer, stronger community inspire us, and we are excited to partner with you in advancing public safety.

The Community SAFE Grant is an initiative created by the veterans of HQE Systems. Each year, we select one community to receive cutting-edge technology aimed at enhancing life-saving capabilities and resilience. For 2024, we are privileged to award this grant to Rolling Hills, a city that has stood out for its remarkable dedication to its residents and veterans alike.

What the CSG Includes:

1. SAFE Network System
The cornerstone of the CSG package is the installation of the SAFE Network System, a revolutionary public safety communications network designed to operate independently of cellular or AC power. This system ensures uninterrupted communication between the City’s leadership, emergency management team, and residents, even during catastrophic events when traditional communication methods fail.

The SAFE Network operates through a decentralized, self-sustaining framework that uses advanced radio frequency technology to maintain reliable communication. It is specifically designed to provide seamless connectivity during disasters, empowering emergency responders and city leaders to make critical decisions and keep residents informed when it matters most. ● HQE’s Equipment Cost: $9,278.52
● HQE’s Total Cost (including labor and other direct costs): $21,374.35 ● Open Market Value: Over $30,000+
The SAFE Network provides unmatched reliability and resilience, delivering $30,000+ in public safety communication technology to Rolling Hills—at no cost to the City.

2. Indoor SAFE Units for Homes
As part of the CSG, HQE is offering at-cost pricing for up to 700 Indoor SAFE Units, allowing residents to benefit from this advanced safety technology at significantly reduced costs.

HQE Systems, Inc. | A California Minority Owned, Disabled Veteran Business Advanced Providing Life Saving Technology.

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SAFE Units are compact, easy-to-install devices designed to provide emergency alerts and critical information directly to residents’ homes. These units serve as a vital link in the communication chain, ensuring that even during widespread outages or disasters, households remain informed and connected to city leadership and emergency services.
● MSRP Per Unit: $142.95 (excluding shipping, handling, and tax) ● At-Cost Price Per Unit: $92.84 (excluding shipping, handling, and tax) ● Potential Savings for the Community: $35,077 (if all 700 units are purchased) These units empower families with vital communication tools during emergencies, ensuring no household is left unprotected.

Total Grant Value
The Community SAFE Grant delivers a total value of over $65,000 in public safety enhancements:
● $30,000 SAFE Network System at no cost.
● $35,077 in discounts for Indoor SAFE Units for residents.

Why HQE Selected Rolling Hills
HQE Systems’ mission is deeply rooted in supporting communities that support veterans. Rolling Hills’ leadership and residents have continually demonstrated an exceptional commitment to HQE Systems and our veteran workforce. Your city’s values align with our vision to create safer, more resilient communities. By awarding the Community SAFE Grant to Rolling Hills, we are not only expressing our gratitude but also investing in the safety and well-being of a community that inspires us.

Our Commitment to Your Community
As a veteran-owned company, HQE Systems believes in going beyond business to make a meaningful impact. The Community SAFE Grant is a testament to this belief. We are excited to see how this partnership will enhance public safety in Rolling Hills and set a precedent for community resilience.

Thank you for the opportunity to serve your community. We look forward to working together to implement these life-saving technologies.

Very Respectfully,
Qais Alkurdi
CEO, HQE Systems, Inc.

Disabled - Retired Veteran
HQE Systems, Inc. | A California Minority Owned, Disabled Veteran Business Advanced Providing Life Saving Technology.

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Item: 12.C.

Meeting Date: 8/11/2025
To: City Council
From: Christian Horvath, Assistant to the City Manager / City Clerk Thru: Karina Bañales, City Manager
Subject: Consideration and approval of Adopting Resolution No. 1397 awarding a Construction Contract to Doty Bros., Equipment Company for providing Construction Services on the Rule 20B portion of the Eastfield Drive Electric Utility Undergrounding Mitigation Project in an amount not to exceed $3,287,796.85 funded by FEMA Hazard Mitigation Program #DR-4382-177-7R, authorize the Mayor to execute the Agreement, and finding the project categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15302(d)
Background:

In order to preserve the rural character of Rolling Hills and eliminate risks of wildfires, the City Council encourages and supports utility undergrounding throughout the community. In line with this vision, the City applied for Hazard Mitigation Grant funds through the California Governor's Office of Emergency Services (CalOES)/FEMA Hazard Mitigation Program.

On January 26, 2022, the City was awarded $1,971,882 in Federal funds to underground utility infrastructure on Eastfield Drive between Outrider Road and Hackamore Road. The grant required a Local Match of 25%, or $657,294, for a total project amount of $2,629,176. The Local Match can be fulfilled using the City’s Rule 20A work credits.

The California Public Utility Commission requires the local agencies to adopt a resolution creating an underground district in the area where both the existing and new facilities are and will be located. The formation of the Underground Utility District (UUD) provides SCE with the authorization needed to develop the design plans to remove existing overhead facilities and install replacement underground facilities. On November 14, 2022, the City Council adopted Resolution No. 1316 to create Underground Utility District No. 2 (UUD-02) (Eastfield Drive).

The length of UUD-02 is divided into two segments: Rule 20A and Rule 20B. Southern California Edison (SCE) handles the design and joint trench bidding and assists in coordinating with the other utility companies for Rule 20A projects. Rule 20B projects are also designed by SCE; however, joint trench bidding is handled by the City. In preparation for the UUD, SCE conducted numerous site visits to confirm the scope and limits of work and to prepare a Rough Order of Magnitude (ROM), an estimate of the project. On January 4, 2023, SCE submitted the ROM for the Rule 20A segment,

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which is based on the estimated trench footage of 1,250 feet and includes all mainline trenching as well as crossings, streetlights, and service laterals with the cost estimate of $1,000,000, expressed in 2024 dollars.

On January 23, 2023, Resolution No. 1322 was adopted, allowing SCE to begin designing the undergrounding system to replace the existing overhead facilities within the designated UUD. In addition, SCE coordinates with other utility service providers that have facilities on the existing overhead system to ensure their respective undergrounding designs coincide with SCE's efforts.

The Eastfield Drive Underground Utility project requires construction to be completed by October 9, 2025. The current disaster award period of performance (POP) date expires January 9, 2026.

Staff has conducted monthly meetings with all utilities to ensure coordination and communication during the design, permitting, engineering, and pre-construction phases. The original 3-year timeline as set by FEMA was unrealistic to accomplish a project of this scope, considering much of that time had been utilized during the grant sub-application approval process. Furthermore, the utilities had multiple delays during their design phases. Both delays required the City to file for three 1-year extensions in 2022, 2023, and 2024. The 2024 extension request was only granted for an additional 6 months due to the overall POP date. Staff and CalOES have requested that the overall POP date be extended, but thus far, FEMA has not granted approval.

Discussion:

The City is responsible for completing the Rule 20B segment, including lateral connections to residential electrical panels (four of which require electrical panel relocations) and telecommunication hardware per SCE's local planning design and the telecommunication utilities designs. To ensure that the City stayed closely in sync with SCE's timing and work specific to the Rule 20A portion, a Request for Proposals (RFP) for the Rule 20B Engineering Services was released on October 30, 2024. The City Council approved Ampirical Services Inc. (Ampirical) to perform engineering services on December 10, 2024.

Between December 2024 and April 2025, staff and Ampirical worked to develop final plans and specs in order to prepare a bid package for construction services.

On April 7, 2025, staff released a public notice of bid (Attachment E) for City of Rolling Hills, 2QQ RULE 20B INSTALL UG STATLER 16KV SUB. Project, Job No. 2025-02 Request for Bid (Attachments F-H). The original Bid Closing date was scheduled for May 6, 2025. Due to the project's complicated nature, there were follow-up questions as outlined in two addendums (Attachments I-J), and the closing date was extended 10 days to accommodate potential bidders. On May 16, 2025, the City received five (5) sealed bids at the 2 p.m. Bid Closing as follows:

Bidder Address Base Bid Amount
Doty Bros. Equipment
Company
11232 E. Firestone Blvd., Norwalk,
CA 90650
$2,955,323
Herman Weissker Inc. 1645 Brown Ave., Riverside, CA
92509
$3,281,488
Northwest Excavating, Inc. 18201 Napa St., Northridge, CA 91325
$3,956,436
Outsource Utility Contractor, 17115 Alburtis Ave., Artesia, CA $4,550,207

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LLC 90701
Teichert Energy & Utilities
Group
3536 Concours St., Ste. 120,
Ontario, CA 91764
$4,775,667
Staff validated the bid received (Attachment A) and determined that Doty Bros., Equipment Company was the lowest responsive and responsible bidder. Staff’s recommendation is to award the construction contract (Attachment C-D) to Doty Bros., Equipment Company for $2,992,264.54 (including 2.5% Performance & Payment Bond Costs) and allocate an additional $295,532.30 as a 10% contingency for a total of $3,287,796.85.

The original grant award amount of $2,629,176 cannot cover the above construction award in addition to all design and engineering expenses incurred to date. Upon the opening of the bids, staff contacted CalOES and subsequently submitted a budget modification request package with an updated Benefit Cost Analysis (BCA) to CalOES on June 6, 2025, for their evaluation. The total grant award would be increased to $6,526,624 if approved by FEMA. The increased cost would also have an impact on the City's required 25% cost-share match. As stated above, the City is utilizing Rule 20A credits to meet the match obligation. To help the City get closer to the 25% threshold, staff secured support, again, from Supervisor Janice Hahn and an LA County Fourth District donation of $500,000 Rule 20A credits. Staff are awaiting a date when this will go before the Board of Supervisors for approval.

Although staff submitted the request in June, CalOES had contracting issues with the Benefit Cost Analysis (BCA) evaluation team, resulting in a month of delays. Upon their contact renewal, staff and MNS Engineers were directed to revise the BCA. As of the writing of this report, those revisions are almost complete and will be resubmitted for forwarding to FEMA.

As a result of the need for both a budget modification and a potential POP extension, staff have requested expedited reviews due to extraordinary circumstances and the fact that this project is "shovel-ready." Staff are also reaching out to U.S. Senators Padilla and Schiff, as well as Representative Lieu, for their assistance if possible. In the current political climate, coupled with layoffs and funding freezes within FEMA, there are no guarantees that either of the above requests can or will be expedited, let alone approved.

With all of this in mind, staff have been fully transparent from the bid opening with Doty Bros. The City Attorney has added language to the contract, noting that it is contingent on approval of the budget modification request and having enough time to execute. The City Attorney has also included Resolution No. 1397 stipulating the same (Attachment B).

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15302(d) which exempt “conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition prior to the undergrounding.” Also, none of the exceptions in CEQA Guidelines Section 15300.2 apply. Upon the Council's direction, Staff will file a Notice of Exemption pursuant to these findings.

Fiscal Impact:

Under Rule 20B, the City is required to cover the costs for any contracted work and then be reimbursed from the grant funds. The federal grant pays for 75% of the fee ($4,894,968) and the City pays 25% of the fee ($1,631,656) using Rule 20A tariff credits ($1,500,000) and general fund

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reserves.

In the event that FEMA approves the budget modification request, the City may have an estimated financial obligation of up to approximately $131,000 on top of the existing or donated 20A credits to meet the match obligation, assuming the total award amount is expended. That amount assumes potential cost overruns. If no contingencies are required, the general fund reserve obligation will more likely be in the $50,000 range.

Upon notification of the budget modification approval, staff will return to Council with a proposed bridge funding strategy and potential resolution to amend the budget based on the costs and flow of funds described herein.

Recommendation:

Approve as presented.

Attachments:

1. Attachment A - CL_BID_250516_2025-02_20B_EastfieldDr_UU_DotyBros

2. Attachment B - ResolutionNo1397_EastfieldDr_20BConstAgr_FEMAGrantFunding_F

3. Attachment C - CA_AGR_250811_DotyBros_ConstContract_Project_2025-02_F

4. Attachment D - CA_AGR_250811_DotyBros_ConstAddendum_FedReqs_F

5. Attachment E - CL_PBN_250407_NOB_2025-02_Construction_Eastfield_UU_Affidavit

6. Attachment F - CL_BID_250407_2025-02_20B_Eastfield_UU_Project_F

7. Attachment G - CL_BID_250407_2025-02_20B_TechSpecs

8. Attachment H - GR_OES_250407_UU_20B_DesignPlans

9. Attachment I - CL_BID_250430_2025-
02_20B_Eastfield_UU_Project_Addendum01_ResponseToQs

10. Attachment J - CL_BID_250509_2025-02_20B_42Eastfieldrev_UU_Project_Addendum02_ResponseToQs

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Resolution No. 1397
RESOLUTION NO. 1397

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ROLLING HILLS, CALIFORNIA AWARDING A
CONTRACT FOR THE 2QQ RULE 20B INSTALL UG
STATLER 16KV SUB. PROJECT NO. 2025-02 TO DOTY
BROS. EQUIPMENT COMPANY AND FINDING THE

PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO
CEQA GUIDELINES SECTION 15302(D)
WHEREAS, the City of Rolling Hills (“City”) is a municipal corporation duly organized under the constitution and laws of the State of California; and WHEREAS, after a competitive bidding process complying with applicable law, the City received the bids on file with the City and incorporated herein by reference (each, a “Bid”, and collectively, the “Bids”) for the 2QQ RULE 20B INSTALL UG STATLER 16KV SUB. Project No. 2025-02 (“Project”); and
WHEREAS, on the basis thereof, City staff determined Doty Bros. Equipment Company (“Contractor”) is the lowest responsible responsive bidder, although an award pursuant to such bid would require approval of a budget modification by CalOES and/or FEMA (“Staff Finding 1”); and
WHEREAS, the Project consists of the undergrounding of electrical and communication existing line located on/adjacent to Eastfield Drive with a construction location at 45 Eastfield Drive; and
WHEREAS, City staff has determined that the Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15302(d) which exempt “conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition prior to the undergrounding;” and WHEREAS, “[a] public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare[]”. (Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303); and
WHEREAS, City staff has determined that if the City were to reject all bids and rebid after approval of a budget modification by CalOES and/or FEMA, there is a substantial risk that the pricing of the bids comes in higher, creating additional public expense and the risk of a further cycle of requests for approval of a budget modification by CalOES and/or FEMA (“Staff Finding 2”).

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Resolution No. 1397

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference.

Section 2. CEQA Findings. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15302(d) which exempt “conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition prior to the undergrounding.” Also, none of the exceptions in CEQA Guidelines Section 15300.2 apply. The Council further directs Staff to file a Notice of Exemption pursuant to these Findings.

Section 3. Council Findings. The City Council adopts the Staff Finding 1 and Staff Finding 2 as its own (“Council Findings”).

Section 4. Award. The City Council hereby awards the contract to Doty Bros.

Equipment Company consistent with its Bid, provided that such contract shall be subject to the condition precedent of approval of a satisfactory budget modification by CalOES and/or FEMA.

Section 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 6. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 7. Effective Date. This Resolution shall become effective upon its adoption.

PASSED, APPROVED, AND ADOPTED this 11th day of August, 2025 ______________________________

JEFF PIEPER
MAYOR
ATTEST:
___________________________

CHRISTIAN HORVATH

CITY CLERK

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Resolution No. 1397

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§

CITY OF ROLLING HILLS )
The foregoing Resolution No. 1397 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ROLLING HILLS, CALIFORNIA AWARDING A
CONTRACT FOR THE 2QQ RULE 20B INSTALL UG
STATLER 16KV SUB. PROJECT NO. 2025-02 TO DOTY
BROS. EQUIPMENT COMPANY AND FINDING THE

PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO
CEQA GUIDELINES SECTION 15302(D)
was approved and adopted at a regular meeting of the City Council on the 11th day of August 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________

CHRISTIAN HORVATH

CITY CLERK

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1 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 Doty Bros.

Equipment Company (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 City of Rolling Hills, 2QQ RULE 20B INSTALL UG STATLER 16KV SUB. Project No. 2025-02 (Project”), bids were received, publicly opened, and declared on the date specified in the notice; and B. On August 11, 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 City of Rolling Hills, 2QQ RULE 20B INSTALL UG STATLER 16KV SUB. Project No. 2025-02 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 7, 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

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2 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 two million, nine hundred and ninety-two thousand, two hundred and sixty-four dollars and fifty-four cents ($2,992,264.54) as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder inclusive of Performance and Payment Bond Costs. 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 60 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 $500.00/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

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3 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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4 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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5 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,

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6 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

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7 other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

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

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

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8 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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9 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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10 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.

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11 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.

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12 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

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13 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:

Doty Bros. Equipment Company
11232 E. Firestone Blvd.

Norwalk, CA 90650
Attention: Scott Humphrey

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14 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

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15 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

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16 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:

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17 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.

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18 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

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19 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.

37. FUNDING CONTINGENCY. Contractor’s rights and City’s obligations under this Agreement are contingent upon, and subject to the condition precedent of, (1) the approval of the City’s budget modification request providing funding for this Agreement by the Federal Emergency Management Agency and/or the California Office of Emergency Services, as applicable, on or before June 30, 2026, and (2) the City giving notice of such occurrence to Contractor on or before June 30, 2026.

In the event of an anticipated or actual failure of any such contingency or condition,

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20 then the City may terminate this Agreement upon ten (10) days’ written notice to the Contractor without liability for costs or damages or triggering a default under this Agreement.

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

State of California
CONTRACTOR'S License No. CA 273024

CONTRACTOR
Doty Bros. Equipment Company
11232 E. Firestone Blvd., Norwalk, CA 906506
By: ______________________________________________________ TITLE Date

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

By: ______________________________________________________ CHRISTIAN HORVATH, CITY CLERK Date
CONTRACTOR'S Business Phone 562-864-6566
Emergency Phone at which CONTRACTOR can be reached at any time:

APPROVED AS TO FORM:

By: _________________________________________________________ NICOLAS PAPAJOHN, CITY ATTORNEY Date

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21 AGREEMENT OF INDEMNIFICATION

AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION In general, the work located on/adjacent to Eastfield Drive with proposed construction location at 45 Eastfield Drive, comprises without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary for the construction of the undergrounding of electrical and communication existing lines in compliance with Southern California Edison plans and specifications as prepared for the City of Rolling Hills per “2QQ RULE 20B INSTALL UG STATLER 16KV SUB. Project No. 2025-02, AND COX COMMUNICATION, CROWN CASTLE, AND FRONTIER COMMUNICATIONS AND IN COMPLIANCE WITH THE CalOES/FEMA GRANT HMGP DR-4382-177-7R”, exception therefrom any cabling installation, electrical connections except as noted for residences that require panel relocations or installation of subpanels, and removal of power poles.

Contract/Agreement/License/Permit No. or description: 2QQ RULE 20B INSTALL UG STATLER 16KV SUB. Project No. 2025-02
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’

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22 sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

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

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

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

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1 ADDENDUM TO CONSTRUCTION AGREEMENT BETWEEN THE CITY OF ROLLING HILLS

AND DOTY BROS EQUIPMENT COMPANY

FEDERAL CONTRACT PROVISIONS
Because FEMA financiail assistance will be used to fund all or a portion of the Consturction Agreement, during the performance of this Contract Agreement, Doty Bros. Equipment Company (the “Contractor”) shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Addendum. In this Addendum, the term “Agency” shall mean the City of Rolling Hills.

1. The Contractor shall comply with 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference

2. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract. (i) Termination for Convenience. The Agency may, by written notice to Contractor, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Contractor of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the Agency, the Agency shall compensate Contractor for work fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work including anticipated profit.

Contractor shall provide documentation deemed adequate by the Agency to show the work actually completed by Contractor prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. (ii) Termination for Cause. If Contractor fails to perform pursuant to the terms of this contract, the Agency shall provide written notice to Contractor specifying the default (“Notice of Default”). If Contractor does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause, or may, in its sole discretion, make a demand on Contractor’s performance bond surety. If Contractor fails to cure a default as set forth above, the Agency may, by written notice to Contractor, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Contractor shall be compensated for that portion of the work which has been fully and adequately completed and accepted by the Agency as of the date the Agency provides the Notice of Termination. In such case, the Agency shall have

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2 the right to take whatever steps it deems necessary to complete the project and correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees. (iii) Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered and shall be entitled to withhold compensation for defective work or other damages caused by Contractor’s performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Contractor shall promptly discontinue the work unless the Notice directs to the contrary. Contractor shall deliver to the Agency and transfer title (if necessary) to all completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. Contractor acknowledges the Agency’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency’s termination of this contract. The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed work, and shall not be entitled to damages or compensation for termination of work. If Agency terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this Section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

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3 (iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (iv) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

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

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above

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4 equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act:
(i) If this contract is in excess of $2,000 and if required by Federal program legislation, Contractor must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). (ii) The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.
(iii) If applicable, all transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 31413144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. (iv) Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
(v) Additionally, contractors are required to pay wages not less than once a week.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act:

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5 (i) Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 C.F.R. Part 3) as may be applicable, which are incorporated by reference into this contact. In situations where the DavisBacon Act does not apply, neither does the Copeland “Anti-Kickback Act. The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (ii) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(iii) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (iv) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (ii) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in

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6 paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iv) Withholding for unpaid wages and liquidated damages. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (iii) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Contractor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

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7 (i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by Agency.

If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the Agency in writing immediately if Contractor or its subcontractors are not in compliance during the term of this contract.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Contractor shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Contractor shall file with the Agency the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Contractors that apply or bid for an award exceeding

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8 $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Contract. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.

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9 (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

3. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. This is not a requirement for a set-aside or a quota for certain classes of business but rather is a requirement to take the affirmative steps outline below to ensure maximum participation by such target firms. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and

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10 (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by Agency.

4. ACCESS TO RECORDS & RECORD RETENTION
(a) Access to Records. The following access to records requirements apply to this contract:
(i) The Contractor agrees to provide the State, Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(ii) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (iii) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
(iv) In compliance with the Disaster Recovery Act of 2018, the Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

5. MISCELLANEOUS PROVISIONS
(a) The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. (b) This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this contract. The Vendor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. (c) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the Agency, Contractor, any subcontractors or any other party pertaining to any matter resulting from the contract.
(d) Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

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11 IN WITNESS WHEREOF, the parties have executed this Addendum to comply with federal funding requirements and with all formalities required by law on the respective dates set forth opposite their signatures.

State of California
CONTRACTOR'S License No. CA 273024

CONTRACTOR
Doty Bros. Equipment Company
11232 E. Firestone Blvd., Norwalk, CA 906506
BY:_________________________________________________________________________ Title Date

CITY OF ROLLING HILLS, CALIFORNIA
BY:_________________________________________________________________________ Karina Banales, City Manager Date

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CL_PBN_250407_NOB_2025-02_Constr_Eastfield_UU - 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: 0011728624
Customer's Reference/PO Number:

Publication: Daily Breeze
Publication Dates: 04/07/2025 and 04/14/2025
Total Amount: $860.56
Payment Amount: $0.00
Amount Due: $860.56
Notice ID: CvefxPcI03FwJHyyKgPu
Invoice Text: Notice to Contractors Inviting Bids – City of Rolling Hills, CA NOTICE IS HEREBY GIVEN that sealed proposals for performing the following described work will be received at the office of the City Clerk of the City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, California, until 2:00 P.M. on May 6, 2025 . Thereafter said bids will be publicly opened and read in the City Clerk's office of said City . EASTFIELD DRIVE FIRE PREVENTION POWER LINE UNDERGROUNDING Project, Job No. 2025-02 FUNDED BY FEMA HAZARD MITIGATION PROGRAM #DR4382-PJ0177 Plans and specifications are only available from the City electronically. Paper copies are not available from the City. Bidders obtain plans, specifications, and bid documents by emailing the City Clerk at: [email protected] or downloading from the City website at: https://www.rolling-hills.org/business/construction_bids/index.php.

To be included on the Plan Holder’s List for this project, a prospective bidder must provide the firm’s name, address, telephone number, fax number, a contact person, and a valid email address to the City Clerk at [email protected]. It is not required to be on the Plan Holder’s list, however any addenda will be sent via email only to those who are on the Plan Holder’s List. Receipt of any Addendum must be acknowledged by the bidder on the form and included in its submitted Proposal. The Eastfield Drive Fire Prevention Power Line Undergrounding project is subject to the federal procurement standards under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Bid Package can be found on the City website at https://www.rollinghills.org/business/construction_bids/index.php on or after April 7, 2025. A mandatory

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CL_PBN_250407_NOB_2025-02_Constr_Eastfield_UU - Page 1 of 1 Daily Breeze
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
0011728624
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:
04/07/2025, 04/14/2025
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Dated at Hermosa Beach, California
On this 14th day of April, 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

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FY2024-2025
City of Rolling Hills
2QQ RULE 20B INSTALL UG STATLER 16KV SUB.

Project No. 2025-02

REQUEST FOR BID
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Phone: (310) 377-1521
Fax: (310) 377-7288
E-mail: [email protected] (for inquiries only, bids must be sealed)

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2 Table of Contents
Notice to Contractors Inviting Bids.............................................................................................1 Instructions to Bidders:...............................................................................................................4 PROPOSAL ................................................................................................................................12 BIDDERS PROPOSAL..................................................................................................................14 BID BOND .................................................................................................................................16 Bidders Qualifications and References.....................................................................................18 DESIGNATION OF SUBCONTRACTORS.......................................................................................21 Contractor's Affidavit of Non-collusion ....................................................................................24 Pre-Bid Site Inspection Certification .........................................................................................26 Workers’ Compensation Certificate..........................................................................................27 Reference Standards.................................................................................................................28 General Conditions...................................................................................................................30 Article 1 - Preliminary Provisions..............................................................................................31

1.01 - City's Representative. .............................................................................................................31

1.02 - Contractor's Representative. ..................................................................................................31

1.03 - Permits and Licenses..........................................................................................................31

1.04 - Waiver. ...................................................................................................................................31

1.05 - Data Furnished by the Contractor...........................................................................................31

1.06 - Contract Drawings. .................................................................................................................32

1.07 - Specifications and Drawings. ..................................................................................................32

1.08 - Lines, Grades, and Measurements..........................................................................................32

1.09 - Right of Way. .....................................................................................................................33

1.10 - Assignment of Antitrust Cause of Action. ...............................................................................33

1.11 - Signs........................................................................................................................................33 Article 2 - Performance of Work ...............................................................................................34

2.02 - No Assignment........................................................................................................................34

2.03 - Standard of Performance........................................................................................................34

2.04 - Defective Work.......................................................................................................................34

2.05 - Communications Regarding the Work. ...................................................................................34

2.06 - Independent Contractor. ........................................................................................................35

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2.07 - Emergency Work................................................................................................................35

2.08 - Subcontractors...................................................................................................................35

2.09 - Use of Facilities Prior to Completion of Contract. ...................................................................36

2.10 - Cooperation with other Work Forces......................................................................................36

2.11 - Agreements with Property Owners. .......................................................................................37

2.12 - Protection of Property............................................................................................................37

2.13 - Contractor's Responsibilities for Losses or Liabilities. ........................................................37

2.14 - Guarantee of Work.................................................................................................................38

2.15 - Cleaning and Environmental Controls.....................................................................................39 Article 3 - Preliminary Provisions..............................................................................................41

3.01 Commencement, Prosecution, and Completion of Work .....................................................41

3.02 - City's Discretion to Extend Time .............................................................................................41

3.03 - Delays and Extensions of Time for Contractor........................................................................41

3.04 - Climatic Conditions.................................................................................................................43

3.05 - Safety Hazard..........................................................................................................................43

3.06 - Liquidated Damages ...............................................................................................................43 Article 4 - Construction Progress Schedules..............................................................................45

4.01 - Initial Schedule...................................................................................................................45

4.02 Revised Schedules.....................................................................................................................45 Article 5 - Suspension or Termination of Contract....................................................................46

5.01 - Suspension of Work-Default by Contractor ............................................................................46

5.02 - Suspension of Work-Contract without Fault...........................................................................46

5.03 - Decision of Engineer Final.......................................................................................................47

5.04 - Remainder of Contract in Effect..............................................................................................47

5.05 - Allocation of Cost....................................................................................................................47

5.06 - Termination of Contract-Default by Contractor......................................................................48

5.07 - Termination of Contract - Contractor without Fault ...............................................................49 Article 6 - Changes....................................................................................................................50

6.01 - Changes Initiated by City ........................................................................................................50

6.02 - Changes at the Contractor's Request......................................................................................50

6.03 - Change Orders - Procedure .....................................................................................................50 Article 7 - Contract Payments and Claims.................................................................................53

7.01 - General ...................................................................................................................................53

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7.02 - Schedule of Costs for Payments..............................................................................................53

7.04 - Final Payment and Release of Claims......................................................................................54

7.05 - Force-Account Payment..........................................................................................................55

7.06 - Claims and Protests-Contract Requirements...........................................................................59 Article 8 - Materials..................................................................................................................60

8.01 - General ...................................................................................................................................60

8.02 - Quality and Workmanship......................................................................................................60

8.03 - Trade Names and "Or Approved Equal" Provision..................................................................60

8.04 - Approval of Materials.............................................................................................................61

8.05 - Ordering Materials..................................................................................................................61

8.06 - Authority of the Engineer .......................................................................................................61

8.07 - Inspection ...............................................................................................................................62

8.08 - Infringement of Patents..........................................................................................................62 Article 9 - Submittals ................................................................................................................64

9.01 - General ...................................................................................................................................64

9.02 - Product Handling ....................................................................................................................64

9.03 - Schedule of Submittals ...........................................................................................................65

9.04 - Shop Drawings........................................................................................................................65

9.05 - Colors......................................................................................................................................65

9.06 - Manufacturers' Literature.......................................................................................................65

9.07 - Substitutions...........................................................................................................................65

9.08 - Manuals..................................................................................................................................66

9.09 - As-Built Drawings....................................................................................................................66

9.10 - Submittals Quantities.............................................................................................................67

9.11 - Identification of Submittals ....................................................................................................67

9.12 - Schedule of Submittals ...........................................................................................................67

9.13 - Coordination of Submittals.....................................................................................................67

9.14 - Timing of Submittals...............................................................................................................68

9.15 - Approval by City......................................................................................................................68

9.16 - Changes to Approved Submittals............................................................................................69 Article 10 - Safety .....................................................................................................................70

10.01 Protection of Persons and Property........................................................................................70

10.03 - Differing Site Conditions................................................................................................71

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Rolling Hills City CouncilAugust 11, 2025

Rolling Hills City Council
August 11, 2025