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American Asphalt Repair & Resurfacing - 2013 AgreementSECTION 00500 AGREEMENT PAVEMENT MAINTENANCE PROJECT FY 13 PROJECT NUMBER 13 -PW -204 THIS AGREEMENT, made this /10� day of rl I I by and between the City of Gilroy, hereinafter called the "City," and Amer,c -in Rs d f 9,zf,1ra° C;,n&l P>,If-oh) Co• 17L hereinafter called the "Contractor." WITNESSETH: 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 PAVEMENT MAINTENANCE PROJECT FY 13, PROJECT NO. 13 -PW -204, 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. Pavement Maintenance Project FY 13 13 -PW -20 4 SECTION 00610 -25 Article 3. Liquidated Damages. The city and the contractor recognize that the city will suffer 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 ter of this article 3. 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 Instructions to Bidders Pavement Maintenance Project FY 13 13 -PW -20 4 SECTION 00610 -26 Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans) 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 meanings 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, Pavement Maintenance Project FY 13 13 -PW -20 4 SECTION 00610 -27 agents or representatives of the City or its 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 latent 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. IN WITNESS WHEREOF, this agreement has been executed on this day of _,� —, 190 5 8�(►'I t! Gt -A 4 P45 d hlt Ili 4+L l 0 , t& Name of Contracto— r Signature of City Signature 4 Contractor Co 0 Title of Signator ATTEST: Signature G1Gl/h.�- Title of 6ignator UTitle of Signator Ayr ** *END OF SECTION * ** Title of nator Pavement Maintenance Project FY 13 13 -PW -20 4 SECTION 00610 -28 ' ® CERTIFICATE OF LIABILITY INSURANCE ll ACORO DA E(MMIDD VYTYI 4/3/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER InterWest Insurance Services (AMERI22) License #0601094 3636 American River Dr, #200 NTA T NAME: Joanne Cadarette PaN "coN o ,1 2 FAX No: 1 - 7 - E -MAIL ADDRESS: caderetteaiwins.com INSURER JS) AFFORDING COVERAGE NAIL # Sacramento CA 95864 INSURER AfinanCial EaQific Ins Company 2131/2012 2/31/2013 INSURED INSURER B:Ar h Insurance Company 11150 INSURER C : American Asphalt Repair INSURER D: and Resurfacing Company, Inc 24200 Clawiter Rd. DAMAGE TUpT9TF5__ PREMISES Ea occurrence $100,000 Hayward CA 94545 I E CLAIMS -MADE K OCCUR NSURENSURER IR F: COVERAGES CERTIFICATE NUMBER: I R0 ,)117Riq REVISION NUMBER: THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR AND POLICYNUMBER POLICY EFF MMIDDIYYYY CYEXP III DIYYYY LIMITS A GENERAL LIABILITY Y Y 50423382 2131/2012 2/31/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TUpT9TF5__ PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 CLAIMS -MADE K OCCUR PERSONAL S ADV INJURY $1,000,000 X Contractual Liab X Ded.$5,000 GENERALAGGREGATE $2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 $ POLICY X PRO- LOC JECT A AUTOMOBILE LIABILITY 60423382 2/31/2012 213112013 Ea accident $1,000000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED 1 SCHEDULED AUTOS AUTOS NONPOWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLADAB X OCCUR 60423382 12131/2012 2/31/2013 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAR CLAIMS -MADE DED X I RETENTION$none 5 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY Y WG19290000 /1/2013 /1/2014 X WC STATU- GTH- V LIMI E.L. EACH ACCIDENT $1,000,000 E L. DISEASE -EA EMPLOYEE $1,000,000 CERIMEETORI EXCLUDED? (Mandatory NH) EXCLUDED? ory in (f N/A N/A EL .DISEASE -PDLCY LIMIT 51,000,000 yes, describe and DESCRIPTION Nunder pESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mom space is required) Re: Project #13 -PW -204, Pavement Maintenance. City Of Gilroy, Its Elected And Appointed Officials, Officers, Employees, Volunteers Are Included As Additional Insured Acting Within The Scope Of Their Duties Controlled /Supervised By The Primary (First) Additional Insured, Primary Wording, GLWC Waivers Attached. 30 -Day Notice Of Cancellation, Except 10 -Day Notice For Non - Payment Of Premium Applies Per Policy Provisions. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street AUTHORIZED REPRESENTATIVE Gilroy CA 95020 ZIC-0 - /r—/— a rnon nn DDADATH`IN All •inhfs rasorved_ ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 60423382 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Re: Project #13 -PW -204, Pavement Maintenance. City Of Gilroy, Its Elected And Appointed Officials, Officers, Employees, Volunteers Are Included As Additional Insured Acting Within The Scope Of Their Duties Controlled /Supervised By The (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the 'products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: 60423382 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Re: Project 413 -PW -204, Pavement Maintenance. City Of Gilroy, Its Elected And Appointed Officials, officers, Employees, Volunteers Are Included As Additional Insured Acting Within The Scope Of Their Duties Controlled /Supervised By The Primary (First) Additional Insured, Primary Wording, GL /WC Waivers Attached. 30 -Day Notice Of Cancellation, Except 10 -Day Notice For Non - Payment Of Premium Applies Per Policy Provisions. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization is held liable for "your work" for that person or organization by or for you. This endorsement applies to the following work: Description of Job: see Above Location of Job: see Above Al only Effective from: Effective Date: 12/31/2012 Expiration Date: 12/31/2013 When this endorsement applies, such insurance as is afforded by the general liability policy is primary and any other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. CG 20 10 11 85 Modified (07 -01) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. -f WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ANY PERSON(S) OR ORGANIZATIONS) FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER PRIOR TO A LOSS JOB DESCRIPTION ALL JOBS UNDER CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 044/01713 Policy No ZAWCI9290000 Endorsement No. Insured AMERICAN ASPHALT REPAIR Premium $TBA Insurance Company ARCH INSURANCE COMPANY Countersigned By (9 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual © 1999. SECTION 00650 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "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 this contract." rr riy Signature Name of Contractor U Title //S13 Date "`END OF SECTION... Pavement Maintenance Project FY 13 13 -PW -204 SECTION 00670 -38 SECTION 00670 NOTICE OF NONDISCRIMINATION IN EMPLOYMENT The undersigned contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, marital status or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, marital status or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment notice to be provided by the municipality setting forth the provisions of this nondiscrimination clause. y/3 Date Licensed eneral Contractor &&IeAA r�As�h�1 x11 2 , gl3Cl ny! Company License # ** *POST IN CONSPICUOUS PLACE OF EMPLOYMENT * ** * **END OF SECTION * ** Pavement Maintenance Project FY 13 13 -PW -204 SECTION 00700 -39