HomeMy WebLinkAboutRES-25-7507 (AWARDING CONTRACT TO CEM CONSTRUCTION) (1)Page 1 of 4 RES-25-7507
CITY OF HERMOSA BEACH
RESOLUTION NO. RES-25-7507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO
CEM CONSTRUCTION CORPORATION FOR THE CIP 114 GREENWICH
VILLAGE NORTH – UNDERGROUND UTILITIES ASSESSMENT DISTRICT IN
THE AMOUNT OF $2,307,500, AUTHORIZING CONTRACT CHANGE
ORDERS UP TO $461,500, APPROVING PROJECT DESIGN AND PLANS
PURSUANT TO GOVERNMENT CODE SECTION 830.6, AND
ESTABLISHING A PROJECT PAYMENT ACCOUNT
WHEREAS, Southern California Edison Company, Verizon Communications,
Inc., and Crown Castle, Inc. designed and prepared the plans to construct CIP
114 Greenwich Village North Underground Utilities (“Project”); and
WHEREAS, the City of Hermosa Beach (“City”) solicited competitive bids for
the Project; and
WHEREAS, Bids were received and opened publicly on May 29, 2025, and
CEM Construction Corporation was chosen as the lowest responsible bidder; and
WHEREAS, the City Council, concurrent with the adoption of this Resolution,
desires to award the construction contract to the lowest responsible bidder, CEM
Construction Corporation for the Project; and
WHEREAS, Government Code § 830.6 provides in pertinent part:
Neither a public entity nor a public employee is liable under this
chapter for an injury caused by the plan or design of a
construction of, or an improvement to, public property where
such plan or design has been approved in advance of the
construction or improvement by the legislative body of the public
entity or by some other body or employee exercising
discretionary authority to give such approval or where such plan
or design is prepared in conformity with standards previously so
approved, if the trial or appellate court determines that there is
any substantial evidence upon the basis of which (a) a
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reasonable public employee could have adopted the plan or
design or the standards therefor or (b) a reasonable legislative
body or other body or employee could have approved the plan
or design or the standards therefor.
WHEREAS, it is impractical for this City Council to approve every plan or design
the City undertake; and
WHEREAS, it is the public policy of this State to encourage municipalities such
as the City take the actions described in Government Code § 830.6 so as to avail
municipalities and the public treasury with the protections of Government Code §
830.6; and
WHEREAS, the City Council desires to take full advantage of the liability
protections of Government Code § 830.6.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council wishes to obtain the immunities set forth in
Government Code § 830.6 with regards to the plans and construction of the Project.
SECTION 2. City Council hereby delegates the following City officers to
approve the plan or design of a construction of, or an improvement to, public
property, and to exercise any other power for which the City Council may delegate
under Government Code § 830.6:
1. City Engineer
SECTION 3. The City Engineer finds that the plans are complete, and the
Project may be constructed.
SECTION 4. Design Immunity; Authorization
A. The design, plans and vendor proposals 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;
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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; and
E. The approval and authorization granted by this Resolution is intended
to avail the City and its delegated officers of the immunities set forth in Government
Code § 830.6.
SECTION 5. Award of Contract
A. The City Council hereby awards the construction contract for Capital
Improvement Program Project 114 – Greenwich Village North Undergrounding
District to CEM Construction Corporation in the amount of $2,307,500.00.
B. The City Council hereby authorizes the Director of Public Works to
establish a project contingency for the Project in the amount of $461,500 and to
approve contract change orders up to the amount of the approved project
contingency.
SECTION 6. For purposes of the Contract Documents administering the
Project, the City establishes an account containing sufficient monies from the
current and following fiscal year budget to pay for the project. This Account is the
sole source of funds available for the Construction Sum as defined in the Contract
Document administering the Project.
SECTION 7. Severability. If any section or provision of this Resolution is for
any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, or contravened by reason of any preemptive legislation, the
remaining sections and/or provisions of this Resolution shall remain valid. The City
Council hereby declares that it would have adopted this Resolution, and each
section or provision thereof, regardless of the fact that any one or more section(s)
or provision(s) may be declared invalid or unconstitutional or contravened via
legislation.
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SECTION 8. The City Clerk is directed to certify the adoption of this
Resolution.
SECTION 9. This Resolution will become effective immediately upon
adoption.
PASSED, APPROVED, and ADOPTED on this 22nd day of July 2025.
Mayor Rob Saemann
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
Myra Maravilla Todd Leishman
City Clerk Interim City Attorney
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V. CONTRACT DOCUMENTS
CIP NO. 114
GREENWICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
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A. 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 [INSERT
CONTRACTOR NAME] (hereinafter referred to as "CONTRACTOR") and the City of Hermosa
Beach, 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 CIP NO. 114 GREENWICH VILLAGE NORTH
– UNDERGROUND UTILITIES ASSESSMENT DISTRICT (“Project”), bids were received,
publicly opened, and declared on the date specified in the notice; and
B. On [INSERT DATE], City’s City Council declared CONTRACTOR to be the lowest responsive
and 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 CIP NO. 114 GREENWICH VILLAGE
NORTH – UNDERGROUND UTILITIES ASSESSMENT DISTRICT in the City of Hermosa
Beach.
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, appliances, and equipment for and do the
work for the CIP NO. 114 GREENWICH VILLAGE NORTH – UNDERGROUND UTILITIES
ASSESSMENT DISTRICT in the City of Hermosa Beach. The work shall be performed in
accordance with the Plans and Specifications dated [INSERT DATE], (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 Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Contract
Documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to
Bidders, Bid Proposal, Builders General Provisions, Standard Specifications for Public Works
Construction 2021 edition, Special Provisions, exhibits, 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, the Builders General Provisions and the Standard Specifications, in
that order, shall control. Collectively, these Contract Documents constitute the complete
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agreement 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 [INSERT VALUE] as full compensation for furnishing all materials, performing all
work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses,
damages, and consequences arising out of the nature of the work during its progress or prior to its
acceptance including those for well and faithfully completing the work and the whole thereof in
the manner and time specified in the aforesaid Contract Documents; and also including those
arising from actions of the elements, unforeseen difficulties or obstructions encountered in the
prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks
of any description connected with the work.
4. TIME OF PERFORMANCE:
Notice to Proceed No. 1 (Submittals) – The time for completion to provide submittals to the City
for critical path items and materials is 10 working days from the date specified in the Notice to
Proceed No. 1.
Notice to Proceed No. 2 (Materials Order and Delivery) – The time for completion to order the
critical path item materials needed to complete the work is 10 working days from the date specified
in the Notice Proceed No. 2 and an additional 40 working days is provided to receive all materials
needed to commence the work for a total of 50 working days.
Notice to Proceed No. 3 (Start of Construction) – The time for completion of the total contracted
work is 90 working days from the date specified in the Notice to Proceed No. 3.
CONTRACTOR agrees to complete the Work within the working days stated above. 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 California Government Code Section 53069.85,
it is agreed that CONTRACTOR will pay to CITY the sum set forth in the Special Provisions 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 California Public Contract Code Section 22300,
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
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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 California Public Contract Code Section 22300.
7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.
Pursuant to California Labor Code §§ 1720 et seq., and as specified in 8 California Code of
Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its 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 CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices
on all of his Contracts on an annual average of not less than one apprentice to five journeymen.
When unemployment 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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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.
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.
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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, 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.
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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 Hermosa Beach 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 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.
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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.
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
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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.
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 $2,000,000 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 $1,000,000 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. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or
claim, and $4,000,000 policy aggregate.
v. 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 $4,000,000 policy aggregate.
vi. 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.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the
following provisions:
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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.
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
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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.
18. COMPLIANCE WITH CARB REGULATIONS:
a. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable
requirements of the most current version of the regulations imposed by California Air
Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13,
California Code of Regulations Division 3, Chapter 9 and all pending amendments
(“Regulation”).
b. Throughout the Project, and for three (3) years thereafter, Contractor shall make available
for inspection and copying any and all documents or information associated with
Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of
Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions
records, and any other information the Contractor is required to produce, keep or maintain
pursuant to the Regulation upon two (2) calendar days’ notice from the City.
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c. Contractor shall be solely liable for any and all costs associated with compliance with the
Regulation as well as for any and all penalties, fines, damages, or costs associated with any
and all violations, or failures to comply with the Regulation. Contractor shall defend,
indemnify and hold harmless the City, its officials, officers, employees and authorized
volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising
out of any failure or alleged failure to comply with the Regulation.
19. 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.
20. 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.
21. 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.
22. 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. CONTRACTOR shall maintain a City of Hermosa
Beach business license, if required under CITY ordinance.
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.
23. 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,
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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.
24. 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 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.
25. 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.
26. 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.
27. 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 HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: CIP 114 Project Manager
CONTRACTOR:
__________________________________________
__________________________________________
Attention: __________________________________
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28. DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract
Code prescribes a process utilizing informal conferences, non-binding judicial supervised
mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less.
Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for
negotiation and mediation to resolve disputes on construction claims. The intent of this Section is
to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This
Section shall be construed to be consistent with said statutes.
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
Chronology of events and correspondence
Analysis of claim merit
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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 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
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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:
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,
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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.
24. 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 non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. A violation of this section exposes CONTRACTOR to the penalties provided for
in Labor Code Section 1735.
25. TERMINATION: This Contract may be terminated by CITY at any time, either with our without
cause, by giving CONTRACTOR three (3) days advance written notice. In the event of
termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay
CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach
of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may
reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages,
and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not
terminate this Contract except for cause. In the event this Contract is terminated in whole or in
part as provided, CITY may procure, upon such terms and in such manner as it may determine
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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.
26. 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.
27. 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.
28. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract
Documents.
29. 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 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 non-compensable 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.
30. 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
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provisions of the California Labor Code and California Public Contract Code which are applicable
to this Work.
31. 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.
32. 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.
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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. __
CONTRACTOR
_________________ By: ____________________________________________
Date TITLE
CITY OF HERMOSA BEACH, CALIFORNIA
_________________ By: ____________________________________________
Date MAYOR
ATTEST:
By: ____________________________________________
Date CITY CLERK
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time: ( )
APPROVED AS TO FORM:
_______________________________________________________________
CITY ATTORNEY
__________________
Date
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B. AGREEMENT OF INDEMNIFICATION
AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION
CIP NO. 114
GREENWICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
Contract/Agreement/License/Permit No. or description:
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to
defend, protect, indemnify, and hold harmless the City of Hermosa Beach and its respective elected
officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively
“Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated
therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in
connection with, resulting from, or related to any act, failure to act, error, or omission of
Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen,
suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to the above-referenced Contract,
agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term,
provision, covenant, or condition of the Agreement, including this indemnity provision. This
indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive
negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such
negligence. This indemnity provision shall survive the termination of the Agreement and is in
addition to any other rights or remedies which Indemnitees may have under the law. Payment is
not required as a condition precedent to an Indemnitee’s right to recover under this indemnity
provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the
Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees
for any attorney fees and costs incurred in enforcing this indemnification provision.
Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a)
Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code 2782(a), or (b) the Contracting public agency’s active
negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b).
This indemnity is effective without reference to the existence or applicability of any insurance
coverages which may have been required under the Agreement or any additional insured
endorsements which may extend to Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights
of subrogation and contribution against the Indemnitees, while acting within the scope of their
duties, from all claims, losses and liabilities arising out of or incident to 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.
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In the event there is more than one person or entity named in the Agreement as an Indemnitor, then
all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
“Indemnitor”
Name Name
By: By:
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C. EQUALS
CIP NO. 114
GREENWICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
The undersigned desires to use the material, product, thing, or service described below, as “an
equal” to such item as specified.
In accordance with the provisions under the Contract Documents, if the City shall find any item
so described equal to the respective item specified, then the undersigned may furnish such item,
together with all necessary labor, materials, equipment and incidentals required to perform and
complete the work.
__________________________________________ _________________________
Contractor’s Name Date
_________________________________________ _________________________
Address Telephone Number
Materials, apparatus or equipment
specified for which Bidder proposes “an
equal”
Complete description of the materials, apparatus or
equipment the Bidder desires to use as “an equal”
and name of Contractor if different
Specify page number
1.
2.
3.
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D. FAITHFUL PERFORMANCE BOND
CIP NO. 114
GREENWHICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Hermosa Beach, (hereinafter referred to as “City”) has awarded to
_________________________, (hereinafter referred to as the “Contractor”) an agreement for CIP
NO. 114 GREENWICH VILLAGE NORTH – UNDERGROUND UTILITIES ASSESSMENT
DISTRICT, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and
________________________________________________ as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of ___________________________ DOLLARS,
($____________), said sum being not less than one hundred percent (100%) of the total amount
of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the Contract Documents
and any alteration thereof made as therein provided, on its part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their intent and meaning;
and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officials, officers, employees,
and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney’s
fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
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period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.
Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the
Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section
337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions
in the Contract Documents and upon determination by Surety of the lowest responsive and
responsible Bidder, arrange for a Contract between such Bidder, the Surety and the City, and
make available as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the Contract price, including other costs and damages for which
Surety may be liable. The term “balance of the Contract price” as used in this paragraph
shall mean the total amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and
make available as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the Contract price, including other costs and damages for which
Surety may be liable. The term “balance of the Contract price” as used in this paragraph
shall mean the total amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any Contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents
or to the Project.
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By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that
surety is an admitted surety insurer authorized to do business in the State of California.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20___.
Contractor/ Principal
By
Title
Surety
By Attorney-in-Fact
Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of ___________________________________________
process in California, if different ___________________________________________
from above)
(Telephone number of Surety ___________________________________________
and Agent or Representative for
service of process in California)
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies
only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies
only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives
of the bonding company must also be attached.
END OF PERFORMANCE BOND
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E. PAYMENT BOND (LABOR AND MATERIALS)
CIP NO. 114
GREENWICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Hermosa Beach (hereinafter designated as the “City”), by action taken or
a resolution passed ___________________ , 20_____, has awarded to
________________________ hereinafter designated as the “Principal,” a Contract for the work
described as follows: CIP NO. 114: GREENWICH VILLAGE NORTH –UNDERGROUND
UTILITIES ASSESSMENT DISTRICT(the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance of
the work Contracted to be done, or for any work or labor done thereon of any kind, or for amounts
due under the Unemployment Insurance Code or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held
and firmly bound unto the City in the penal sum of ______________ Dollars ($___________)
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the
persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other
supplies, used in, upon, for or about the performance of the work Contracted to be done, or for any
work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the Contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department or Franchise Tax Board
from the wages of employees of the Contractor and his subcontractors pursuant to Revenue and
Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay
for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is
brought upon this bond, all litigation expenses incurred by the City in such suit, including
reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as
to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released
from the obligation of this bond by any change, extension of time for performance, addition,
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alteration or modification in, to, or of any Contract, plans, specifications, or agreement pertaining
or relating to any scheme or work of improvement herein above described, or pertaining or relating
to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of
any terms of payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted rescission or
attempted rescission of the Contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such Contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of Contract between the owner or City and original
Contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the
full amount of his claim and that Surety does hereby waive notice of any such change, extension
of time, addition, alteration or modification herein mentioned, including but not limited to the
provisions of sections 2819 and 2845 of the California Civil Code.
By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that
surety is an admitted surety insurer authorized to do business in the State of California.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
Contractor/ Principal
By
Title
Surety
By
Attorney-in-Fact
Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies
only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies
only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of
the bonding company must also be attached.
END OF PAYMENT BOND
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F. GUARANTEE TO THE CITY OF HERMOSA BEACH
CIP NO. 114
GREENWICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
As a material inducement to the City to award the Contract for CIP No. 114, Greenwich Village
North Underground Utilities Assessment District to _________________________, the
undersigned (“Guarantor”) has agreed to enter into this guarantee. The Guarantor hereby
unconditionally guarantees to the fullest extent allowed by law the following work included in this
project: CIP No. 114 Greenwich Village North Underground Utilities Assessment District (“the
Work”).
Guarantor guarantees that the materials and equipment used by itself and its sub-Contractors will
be free from defects and that the Work will conform to the Plans and Specifications. Should any
of the materials or equipment prove defective or should the Work as a whole, or any part thereof,
prove defective for any reason whatsoever (except due to intentional torts by the City), or should
the Work as a whole or any part thereof fail to operate properly or fail to comply with the Plans
and Specifications, Guarantor will, at the City’s sole election: 1) reimburse the City, upon written
demand, for all of the City’s expenses incurred replacing or restoring any such equipment or
materials, including the cost of any work necessary to make such replacement or repairs; or 2)
replace any such defective material or equipment and repair said work completely, all without any
cost to the City. Guarantor further guarantees that any such repair work will conform to the Plans
and Specifications for the Project. This guarantee will remain in effect for one year from the date
on which the Contract for the Work is accepted by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any
replacements or repairs itself or to have such replacement, repair, performed by the undersigned.
The City shall have no obligation to consult with Guarantor before the City proceeds to perform
any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair,
replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed
within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make
reimbursement payment within 15 days after receipt of a written demand for payment from the
City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs
and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor’s
failure or refusal.
Guarantor/Contractor Date
By Title
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G. GENERAL COMPREHENSIVE LIABLITY ADDITONAL INSURED
ENDORSMENT
CIP NO. 114
GREENWICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
NAME OF ADDRESS OF INSURED:
General description of agreement(s) and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is
attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. That the City of Hermosa Beach and its or their elected officials, officers, agents and
employees are insureds thereunder in relation to those activities described generally
above with regard to operations performed by or on behalf of the named insured.
2. Such insurance shall be primary, and not contributing with any other insurance
maintained by the City.
3. The policy to which this endorsement is attached shall apply separately to each insured
against whom claim is made or suit is brought except with respect to the limits of the
company's liability.
4. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits or non-renewal except after written notice to Risk
Management, City of Hermosa Beach, by certified mail, return receipt requested, not less
than thirty (30) days prior to the effective date thereto.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
Except as stated above and not in conflict with this endorsement, nothing contained herein shall
be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
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Endorsement No. Effective Date Policy No.
TYPE OF COVERAGES TO WHICH
LIMITS OF THIS ENDORSEMENT
ATTACHES LIABILITY POLICY PERIOD
FROM______________ TO _____________
FROM______________ TO _____________
FROM______________ TO _____________
FROM______________ TO _____________
Scheduled items or locations are to be identified on an attached sheet.
The following inclusions relate to the above coverages includes:
( ) Premises & Operations ( ) Explosion Hazard
( ) Contractual Liability ( ) Collapse
( ) Independent Contractors ( ) Underground Hazard
( ) Products/Completed Operations ( ) Personal Injury
( ) Broad Form Property Damage ( )
( ) Broad Form Liability Endorsement
A deductible or self-insured retention (strike out one) of
applies to coverage.
DEDUCTIBLE APPLIES PER CLAIM, PER OCCURRENCE
INSURANCE COMPANY:
ADDRESS:
I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the above-named
insurance company to this endorsement and by my execution hereof, do so bind said company.
Signature of Authorized Representative (Original Signature only; No facsimile signature or
initialed signature accepted)
Executed at , on, 20__ .
Phone No.: ( )
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H. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT
CIP NO. 114
GREENWICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
NAME OF ADDRESS OF INSURED:
General description of agreement(s) and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is
attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees
are insureds thereunder in relation to those activities described generally above with regard to
operations performed by or on behalf of the named insured.
2. Such insurance shall be primary, and not contributing with any other insurance maintained by the
City.
3. The policy to which this endorsement is attached shall apply separately to each insured against
whom claim is made or suit is brought except with respect to the limits of the company's liability.
4. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits or non-renewal except after written notice to Risk Management, City
of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior
to the effective date thereto.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
Except as stated above and not in conflict with this endorsement, nothing contained herein shall
be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached.
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Endorsement No. Effective Date Policy No.
TYPE OF COVERAGES TO WHICH
LIMITS OF THIS ENDORSEMENT
ATTACHES LIABILITY POLICY PERIOD
FROM______________ TO _____________
FROM______________ TO _____________
FROM______________ TO _____________
FROM______________ TO _____________
Scheduled items or locations are to be identified on an attached sheet.
The following inclusions relate to the above coverages includes:
( ) Owned Automobiles ( ) Owned, Non-owned and Hired Automobiles
( ) Non-owned Automobiles
( ) Hired Automobiles
A deductible or self-insured retention (strike out one) of
applies to coverage.
DEDUCTIBLE APPLIES PER CLAIM, PER OCCURRENCE
INSURANCE COMPANY:
ADDRESS:
I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the above-named
insurance company to this endorsement and by my execution hereof, do so bind said company.
Signature of Authorized Representative (Original Signature only; No facsimile signature or
initialed signature accepted)
Executed at , on, 20__.
Phone No.: ( )
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I. INSTRUCTIONS FOR COMPLETING, EXECUTING, AND SUBMITTING
EVIDENCE OF INSURANCE TO THE OWNER
CIP NO. 114
GREENWICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
Insured: Date:
(Contractor, Lessee, Permittee, etc.)
Insured
A. In order to reduce problems and time delays in providing evidence of insurance to the City,
you are requested to give your insurance agent or broker a copy of the attached Insurance
Requirements and endorsement forms along with these instructions for completing,
executing, and submitting evidence of insurance.
If the agreement requires Workers' Compensation coverage and you have been authorized by the
State of California to self-insure Workers' Compensation, then a copy of the certificate from the
State authorizing self-insurance for Workers' Compensation shall meet the requirements for
Workers' Compensation insurance covering activities within the State of California.
All questions relating to insurance should be directed to the department or office responsible for
your Contract, lease, permit, or other agreement.
Insurance Agent or Broker
B. The appropriate Endorsement Form shall be used. No changes in the terms of the
Endorsement will be permitted. Certificates of Insurance alone will not be accepted by the
City.
More than one insurance policy may be required to comply with the insurance requirements.
Endorsement forms appropriate to your insured's Contract, lease or permit are checked below and
enclosed.
( ) Workers' Compensation/Employers Liability
( ) General Liability
( ) Automobile Liability
( ) Excess/umbrella Liability
( ) Professional Liability
( ) Property insurance
( ) Fine Arts Property Insurance
You shall have an authorized representative of the insurance company sign the completed
endorsement forms, note his phone number at the bottom of page 2 and have said representative
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transmit the forms to the City. Signatures must be originals as the City will not accept facsimile
(rubber stamp, photocopy, etc.) or initialed signatures.
The name of the Insurance Company underwriting the coverage and its address shall be noted on
page 2 of the endorsement form.
The "General description of agreement(s) and/or activity(ies) insured" shall include reference to
the activity and/or to either the specific City Contract number, lease number, permit number or
construction approval number.
The coverages and limits for each type of insurance are specified in the attached sheet of insurance
requirements. When coverage is on a scheduled basis, then a separate sheet is to be attached to the
endorsement listing such scheduled locations, vehicles, etc., so covered.
Endorsements to excess policies will be required when primary insurance is insufficient in
complying with the City's requirements.
If there is insufficient space on the form to note pertinent information, such as inclusions,
exclusions or specific provisions, etc., a separate sheet may be attached.
When additional sheets are attached, change the number of pages at the bottom of the form.
Completed Endorsement(s) and questions relating to the required insurance are to be directed to:
Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
Improperly completed Endorsements will be returned to your insured for correction by an
authorized representative of the insurance company.
DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS MAY
DELAY YOUR INSURED'S INTENDED OCCUPANCY OR OPERATION UNDER
AGREEMENT WITH THE OWNER.
For extensions or renewals of insurance policies which have the City's Endorsement Form(s)
attached, the City will accept a copy of the endorsement (with an original signature) to extend the
period of coverage as evidence of continued coverage.
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J. WORKER'S COMPENSATION INSURANCE CERTIFICATE
CIP NO. 114
GREENWICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
The Contractor shall execute the following form as required by the California Labor
Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of the Contract.
DATED:
CONTRACTOR:
By:
Signature
Title
ATTEST:
By:
Signature
Title
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K. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
CIP NO. 114
GREENWICH VILLAGE NORTH
UNDERGROUND UTILITIES ASSESSMENT DISTRICT
If an individual, so state. If a firm or co-partnership, state the firm and give the names of
all individual co-partners composing the partnership. If a corporation, state legal name of
corporation; state also the names of the president, secretary, treasurer, and manager thereof.
______________________________________________________
______________________________________________________
______________________________________________________
Business Address: ______________________________________________________
______________________________________________________
______________________________________________________
Telephone Number:
Date:
Print Name: ___________________________________________
Principal
Signature: ___________________________________________
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L. W9 FORM
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N. COPY OF BUSINESS LICENSE
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State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
July 23, 2025
Certification of Council Action
RESOLUTION NO. RES-25-7507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO
CEM CONSTRUCTION CORPORATION FOR THE CIP 114 GREENWICH
VILLAGE NORTH – UNDERGROUND UTILITIES ASSESSMENT DISTRICT IN
THE AMOUNT OF $2,307,500, AUTHORIZING CONTRACT CHANGE
ORDERS UP TO $461,500, APPROVING PROJECT DESIGN AND PLANS
PURSUANT TO GOVERNMENT CODE SECTION 830.6, AND ESTABLISHING
A PROJECT PAYMENT ACCOUNT
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, do hereby certify
that the above and foregoing Resolution No. RES-25-7507 was duly approved and
adopted by the City Council of said City at its regular meeting thereof held on
the 22nd day of July 2025, and passed by the following vote:
AYES: MAYOR SAEMANN, MAYOR PRO TEMPORE DETOY,
COUNCILMEMBERS JACKSON, KEEGAN, and FRANCOIS
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla,
City Clerk
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