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HSR, Inc. - 2008 Agreement - Camino Arroyo Bridge Project - Project No. 08-CDD-154 SECTION 00500 AGREEMENT CAMINO ARROYO BRIDGE PROJECT - PHASE II PROJECT NUMBER 08-CDD-154 THIS AGREEMENT, made this 2 fs+~ day of Mar- d.) and between the Citv of Gilrov , hereinafter called the "City," and t-I~ R I r) c.. hereinafter called the "Contractor." , 200g, by W!TNE~~ETH: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Camino Arroyo Bridge Project - Phase II, Project No. 08-CDD-154, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810-2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. Article 3. Liquidated Damages. THE CITY AND THE CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER Camino Arroyo Bridge Project - Phase II - Project No. 08-CDD-154 SECTION 00500-1 SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR HEREBY ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS SUSTAINED AS A RESULT OF ANY SUCH DELAYS IN PERFORMANCE WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE, THE CITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH DELAYS IN PERFORMANCE, THE CITY SHALL BE ENTITLED TO COMPENSATION BY WAY OF LIQUIDATED DAMAGES (AND NOT PENALTY) FOR THE DETRIMENT RESULTING THEREFROM IN ACCORDANCE WITH PARAGRAPH 00700-6.5, LIQUIDATED DAMAGES, OF THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR FURTHER AGREE THAT THE AMOUNTS DESIGNATED AS LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE CITY'S DAMAGES AND FINANCIAL LOSS IN THE EVENT OF ANY SUCH DELAYS IN PERFORMANCE CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE OF HARM TO THE CITY WHICH REASONABLY COULD BE ANTICIPATED AS OF THE DATE OF THIS AGREEMENT AND THE EXPECTATION THAT PROOF OF ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL. BY INITIALING THIS PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY THEIR APPROVAL AND CONSENT TO THE TERMS OF THIS ARTICLE 3. I/I1g City's Initials Contractors Initials Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Camino Arroyo Bridge Project - Phase II - Project No. 08-CDD-154 SECTION 00500-2 Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Maintenance Bond Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meetings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its Camino Arroyo Bridge Project - Phase II - Project No. 08-CDD-154 SECTION 00500-3 successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is 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 four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. fv1a. t-~ IN WITNESS WHEREOF, this agreement has been executed on this Z f/t'-l day of 2..0t;~ . . I-l~ r< I I n c . Name of Contractor Signature of City I)1IlAdttttO f/{tU Signature of Contractor Title of Signator OptVt..fiilA J /1lrlAtfpll Title of Signator ATTEST: ATTEST: Signature Signature Shawna Freels Gilroy City Clerk Anna J atczak Interim City Administrator Signature Linda Callon City Attorney ***END OF SECTION*** Camino Arroyo Bridge Project - Phase II - Project No. 08-CDD-154 SECTION 00500-4 ACORO,.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 03/27/08 PRODUCER LIC #0726293 1-408-973-9500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher I< CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers of California, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR One Almaden Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite #960 San Jose, CA 95113 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Steadfast Ins Co 26387 HSR General Engineering Contractors, Inc. dba HSR, Inc. INSURERB: Zurich American Ins Co 16535 530 Aldo Avenue INSURER C: Firemans Fund Ins Co 21873 Santa Clara, CA 95054 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~~ P~L1CY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER AT LIMITS A X ~NERAL LIABILITY GPL5963177-00 12/07/07 01/01/09 EACH OCCURRENCE $ 1, 000,000 X :3MMERCIAL GENERAL LIABILITY ~~~~~~~9E~~~J~~ncel $100,000 - CLAIMS MADE 0 OCCUR - MED EXP (Anyone person) $5,000 - PERSONAL & ADV INJURY $1,000,000 - GENERAL AGGREGATE $ 2,000,000 ~'lAGGREffiE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X ~~2T lOC B ~OMOBILE LIABILITY BAP9168495-00 12/07/07 01/01/09 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) - - All OWNED AUTOS BODilY INJURY (Per person) $ - SCHEDULED AUTOS X HIRED AUTOS I---- BODilY INJURY $ X NON-OWNED AUTOS (Per accident) I---- I-- PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A fJESS/UMBRELLA LIABILITY SE09168492-00 12/07/07 01/01/09 EACH OCCURRENCE $ 5,000,000 X OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000 $ ~ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND I T~~~m,~;,r IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ If yes. describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER MXI98119349 C Rented/Leased Equipment 11/09/07 11/09/08 $500,000 per occr 366,000 C Contractors Equip MXI98119349 11/09/07 11/09/08 Owned Equipment 2,348,651 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Project#08-CDD-154 Camino Arroyo Bridge Project, Phase II. Additional Insureds: City of Gilroy, its officers, officials, employees, and volunteers. CERTIFICATE HOLDER CANCELLATION 10 Day Notice for Non-Payment of Premium Project#08-CDD-154 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Gilroy DATE THEREOF, THE ISSUING INSURER WILL 1fil6l1'~~ MAIL ~ DAYS WRITTEN Community Development Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~Jt~X 7351 Rosanna Street XlllIII!lIIUlQll\~XIlUIJUrlf~UmKlllJIlI:lUI9lJCIEIllCKltlAm!K2'SClIIItX ~~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE /~rf)(l~ - USA X ACORD 25 (2001108) bdedios 8391926 @ACORDCORPORATION 1988 . . IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pOlicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) , . Endorsement # 9 @ ZURICH Additional Insured - Automatic - Owners, Lessees or Contractors - Broad Form COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY Policy No. EfT. Date of Pol. Exp. Date of Pol. Eff. Date of End. Broker Add'l Prem. Return Premo GPL 5963177-00 12/07/2007 01/01/2009 12/07/2007 18331-000 NONE NONE Named Insured and Mailing Address: Broker: HSR, INC. 530 ALDO A VENUE SA NT A CLARA, CA 95054 SWETT & CRAWFORD ONE CALIFORNIA STREET SUITE 1200 SAN FRANCISCO, CA 94111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy In consideration of the payment of premium and the Deductible by you and in reliance upon the statements in the Application made a part hereof, we agree with you, subject to all the terms, exclusions and conditions of the policy and with respect to COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY and the coverage provided by this endorsement that: 1. Who is an Insured (Section I.) in the COMMON POLICY PROVISIONS is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. 2, The insurance provided to the additional insured applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: a. The "bodily injury" or "property damage" results from your negligence; and b, The "bodily injury", "property damage" or "personal and advertising injury" results directly from: (1) Your ongoing operations; or (2) "Your work" completed as included in the "products-completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. 3, However, regardless of the provisions of paragraphs 1. and 2. above: a, We will not extend any insurance coverage to the additional insured person or organization: (1) That is not provided to you in this policy; or (2) That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b. We will not provide Limits oflnsurance to the additional insured person or organization that exceed the lower of: (1) The Limits of Insurance provided to you in this policy; or (2) The Limits of Insurance you are required to provide in the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured, Copyright <bi 2005 by Zurich Insurance Company STF-ESP-J01-B CW(01l05) Page 1 of2 All rights reserved. No part of this document covered by the copyrights hereon may be reproduced or copied in any form by any means - graphic, electronic, or mechanical, including photocopying, taping or information storage and retrieval systems - without written permission of the Zurich Insurance Company. . . 5, The additional insured must see to it that: a. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; b, We receive written notice of a claim or "suit" as soon as practicable; and c, A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured, 6, The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to the person or organization shown in the Schedule unless the other insurance is provided by a contractor other than you for the same operations and job location, Then we will share with that other insurance by the method described in paragraph 8.c, of Conditions (Section V,) in the COMMON COVERAGE PROVISIONS. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Signed by: Authorized Representative Date STF-ESP-101-B CW(OI/05} Page 2 of2 , . SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 03/27/08 NAME OF INSURED: HSR General Engineering Contractors, Inc. dba HSR, Inc. Additional Description of Operations/Remarks from Paae 1: Additional Information: Includes: General Liability: Additional Insured and Primary Wording Per Attached STF-ESP-101-BCW(01-05). ***** SUBJECT TO POLICY TERMS I< CONDITIONS ***** supp (05/04) , . CERTHOLDER COPY NG STATE COMPENSATION INSURANCE FUND P,O, BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-27-2008 GROUP: POLICY NUMBER: 7676134-2007 CERTIFICATE 10: 166 CERTIFICATE EXPIRES: 04-28-2008 11-09-2007/04-28-2008 CITY OF GI LROY COMMUNITY DEVELOPMENT DEPARTMENT 7351 ROSANNA ST GILROY CA 95020-6141 NG ~OB:PRO~ECT 08 COD 154 CAMINO ARROYO BRIOGE PRO~ECT PHASE II This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period that will expire or did expire as indicated above. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein, Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy, O:::REPRESENTATI THIS CERTIFICATE IS PART FOLLOWING POLICIES: 6676134-07 EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ~~ PRESIDENT OF AN ADR FAMILY THAT ALSO INCLUDES THE ENDORSEMENT #1600 - R KEITH DORSA PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - KATHERINE DORSA SECRETARY,TREASURER - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-09-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2008-03-27 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF GI LROY EMPLOYER HSR GENERAL ENGINEERING CONTRACTORS INC NG 530 ALDO AVE SANTA CLARA CA 95054 [B10,NG] PRINTED 03-27-2008 (REV,2-05)