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Home My WebLink AboutRES-26-7548 (CIP 619) Page 1 of 4 RES-26-7548 CITY OF HERMOSA BEACH RESOLUTION NO. 26-7548 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT NUMBER 619 (“CIP 619”) KELLY COURTS IMPROVEMENTS, AWARDING A PUBLIC WORKS CONTRACT, AND ESTABLISHING A PROJECT PAYMENT ACCOUNT WHEREAS, the City of Hermosa Beach (“City”) has the authority to implement actions for the protection of public health, safety, and welfare (to include the construction, maintenance, and improvement of public recreational facilities and related infrastructure) pursuant to the California Constitution (Section 7 to Article XI) and California Government Code sections 37350 et seq.; and WHEREAS, the City Council (“Council”) award of a contract and all of the acts leading up to the award are legislative in character, and the letting of contracts by the Council necessarily requires an exercise of discretion guided by consideration of the public welfare (Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303); and WHEREAS, competitive bidding is not applicable “where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form” (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631, 636); and WHEREAS, where an existing contract permits the Council to complete its work and deduct the cost thereof from that contract, the Council may do so without further competitive bidding (Shore v. Central Contra Costa Sanitary District (1962) 208 Cal.App.2d 465, 470 (“[u]nder such circumstances, there was clearly no possibility of loss to the taxpayers”)); and WHEREAS, the existing pavement conditions at the tennis and pickleball courts were discovered to consist of approximately two (2) inches of deteriorated asphalt overlaying two (2) inches of concrete during the course of construction, which constituted unforeseen site conditions requiring specialized resurfacing methods; and Docusign Envelope ID: 4744C903-90C3-82B3-830A-CD38F096B335 Page 2 of 4 RES-26-7548 WHEREAS, all scope under the original construction contract except for the resurfacing and striping of the tennis and pickleball courts has been substantially completed; and WHEREAS, City staff solicited and evaluated proposals from multiple qualified contractors and determined that GR Paving Solutions (“GR Paving”) submitted the proposal offering the most suitable combination of repair methodology, materials, durability, and cost effectiveness; and WHEREAS, the Council desires to award the construction contract to GR Paving Solutions for the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference. SECTION 2. California Labor Code (“Labor Code”) Compliance. The Council hereby finds that the Project is a “public works” project subject to Labor Code Sections 1720 et seq., including prevailing wage requirements under Section 1773 and contractor registration requirements under Section 1725.5. As such, the Project shall comply with all applicable labor laws including but not limited to the following: (a) prevailing wage requirements (Labor Code Sections 1770-1773); (b) contractor registration (Labor Code Section 1725.5); and (c) apprenticeship requirements (Labor Code Section 1777.5). SECTION 3. Approval and Authorization. The Council hereby approves and authorizes the following: a. Approval of Plans and Specifications. The plans and specifications for the Project are approved conferring design immunity pursuant to California Government Code Section 830.6. b. Award of Contract. The Council awards the construction contract for the Project to GR Paving Solutions in the amount of one hundred six thousand, six hundred fifty dollars ($106,650). c. Authorization of Contingency. The Director of Public Works is authorized to establish a Project contingency in an amount not to exceed twenty-six thousand, six hundred sixty-three dollars ($26,663) (approximately twenty-five percent (25%)); and to approve change orders within such contingency amount consistent with applicable law. Docusign Envelope ID: 4744C903-90C3-82B3-830A-CD38F096B335 Page 3 of 4 RES-26-7548 d. Contract Execution Authority. The City Manager is authorized to execute the construction contract and any necessary amendments or related documents, subject to approval as to form by the City Attorney. e. Project Payment Account. The Council establishes an account containing sufficient monies from the current fiscal year budget to pay for the Project. This account shall be funded through the Capital Improvement Fund, and shall be the sole source of funds available for the construction sum as defined in the contract documents administering the Project. f. Notice of Completion. The Director of Public Works is authorized to file a Notice of Completion upon final completion of the Project pursuant to applicable law. SECTION 4. Design Immunity. The approval and authorization granted by this Resolution is intended to avail the City and the City’s delegated officers of the immunities set forth in California Government Code Section 830.6 with regards to the plans and construction of the Project. The City Engineer finds that the plans are complete and the Project may be constructed. The Council specifically finds the following: a. The design and plans for the Project are determined to be consistent with the City’s standards and are approved. b. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. c. The approval granted by this Resolution conforms with the City’s General Plan. d. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution. SECTION 5. California Environmental Quality Act (“CEQA”). The Council finds that this Resolution is not subject to CEQA pursuant to Sections 15301 (the proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use) and 15302 (the proposed work consists of reconstruction of existing court structures where the new courts will be located on the same site as the structure replaced, and will have substantially the same purpose and capacity as the structure replaced). Docusign Envelope ID: 4744C903-90C3-82B3-830A-CD38F096B335 Page 4 of 4 RES-26-7548 SECTION 6. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution; cause the same to be entered among the original resolutions of the City; and make a minute of the passage and adoption thereof in the records of the proceedings of the Council in the minutes of the meeting at which time same is passed and adopted. SECTION 8. Effective Date. This Resolution will become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED on this 26th day of May 2026. Mayor Mike Detoy PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Martha Alvarez Jason Baltimore City Clerk Interim City Attorney Docusign Envelope ID: 4744C903-90C3-82B3-830A-CD38F096B335 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) May 28, 2026 Certification of Council Action RESOLUTION NO. RES-26-7548 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT NUMBER 619 (“CIP 619”) KELLY COURTS IMPROVEMENTS, AWARDING A PUBLIC WORKS CONTRACT, AND ESTABLISHING A PROJECT PAYMENT ACCOUNT I, Martha Alvarez, City Clerk of the City of Hermosa Beach, do hereby certify that the above and foregoing Resolution No. RES-26-7548 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 26th day of May 2026, and passed by the following vote: AYES: MAYOR DETOY, MAYOR PRO TEMPORE KEEGAN, COUNCILMEMBERS JACKSON, FRANCOIS, and SAEMANN NOES: NONE ABSTAIN: NONE ABSENT: NONE ________________________________ Martha Alvarez City Clerk Docusign Envelope ID: 4744C903-90C3-82B3-830A-CD38F096B335