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Teichert Construction - FY19 Citywide Pavement Maintenance, Project No. 19-PW-252SECTION 00500 AGREEMENT FYI CITYWIDE PAVEMENT MAINTENANCE PROJECT PROJECT No. 19-PW-252 }h THIS AGREEMENT, made this .10 day of Mal./10 , 20197 by and between the Citv of Gilrov, hereinafter called the "City," and Teichert & Son, Inc. hereinafter called the "Contractor." WIT NESSETH: 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 FY 18 CITYWIDE PAVEMENT MAINTENANCE PROJECT, 18-PW- 250, 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 substantial damages FY19 Citywide Pavement Maintenance Project 19-PW-252 29 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." City,s::i�f� Contractols 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 Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement FY19 Citywide Pavement Maintenance Project 19-PW-252 30 Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans, 2010 edition) 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, 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 FY19 Citywide Pavement Maintenance Project 19-PW-252 31 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 T_ichert & Son; Tnc, -- Name of Contractor Signature of Contractor Francis Johnson Vice President Title of Signator ATTE i' ig� at r 9 Stacy Foss Office Manager Title of Signator ***END OF SECTION*** Signature of City Citv Administrator Title of Signator Approv d as to form bye City Attorney Titlof"4/ nator FY19 Citywide Pavement Maintenance Project 19-PW-252 32 SECTION 00630 CERTIFICATE OF INSURANCE Return Completed Certificate to City of Gilroy (Agency) This certifies to the Agency that the following described policies have been issued to the Insured named below and are in force at this time. Teichert Construction, Inc. 400 Sunrise Ave, Suite 300, Roseville, CA, 95661 Description of operations/locations/products insured (show contract name and/or number, if any): POLICIES AND INSURERS Excess Workers' Compensation Liberty Insurance Corporation Best Ratings: AXV Check policy type: COMPREHENSIVE GENERAL LIABILITY , or COMMERCIAL GENERAL LIABILITY X Liberty Mutual Fire Insurance Company Best's Rating: A XV BUSINESS AUTO POLICY Liability Coverage Symbol 1 UMBRELLA LIABILITY Allied World Assurance Company US Inc. Best's Rating: A XV Bodily LIMITS Property POLICY EXPIRATION Injury Damage NUMBER DATE Employers Liability Named Insured is a California qualified self -insurer $1 ,000,000 registered under#1867. Workers' C)mpensation 03/31 /2020 $1,000,000 Policy #EW7-66N-067002-019 provdes Excess Workers' Compensation / Employers Liability $1 ,000,000 coverage excess of a $750,000 SIR EW7-66N-067002-019 "Claims Made" Occurrence X Each Each Occurrence Occurrence $ $2,000,000 Aggregate Aggregate $ $4,000,000 or Combined Single Limit Aggregate $ Each Person Each Accident Each Accident or, Combined Single Limit $2,000,000 "Claims Made" Occurrence X Occurrence/Aggregate $10M Self -Insured Retention $N/A E132-661-067002-039 03/31 /2020 EU2-661-067002-049 03/31 /2020 0308-2614 03/31 /2020 FY 19 Citywide Pavement Maintenance Phase 11 19-PW-252 Page 46 The following coverage or conditions are in effect: Yes No The Agency, its officials, and employees are named on all liability policies described above as insureds as respects: (a) activities performed for the Agency X by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, and (c) premises owned, leased or used by the Named Insured. Products and Completed Operations X The Insurer will mail to the Agency 30 days written notice of cancellation or X reduction of coverage or limits Cross Liability Clause (or equivalent wording) X Personal Injury, Perils A, B and C X Broad Form Property Damage X X, C, U& Hazards included X Contractual Liability Coverage applying to Blanket Contracts I X Liquor Liability X Coverage afforded the Agency, its officials, employees and volunteers as Additional Insured's applies as primary and not excess or contributing to any X insurance issued in thename of the Agency Waiver of subrogation from Workers' Compensation Insurer X This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies 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 may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Willis Insurance Services of California, Inc. Liberty Mutual Insurance Company Agency or Brokerage Insurance Company 525 Market Street, Suite 3400, San Francisco, CA, 94105 Home Offic Nelson Scharffenberger J,, I Ji' oq Name of Person to be Contacted Authorized Signature Date 415-955-0224 Telephone No. Note: Authorized signatures may be the agent's if the agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer. FY 19 Citywide Pavement Maintenance Phase 11 19-PW-252 Page 47 City of Gilroy ("the Agency") GENERAL LIABILITY ENDORSEMENT 7351 Rosanna Street Gilroy, CA 95020 Attn: Risk Manager A. POLICY INFORMATION Endorsement No. 1. Insurance Company Liberty Mutual Fire Insurance Company Policy No. EB2-661-067002-039 2. Policy Term (from) 03/31/2019 (to) 03/31/2020 3. Named Insured Teichert, Inc. 4. Address of Named Insured 3500 American River Drive, Sacramento, CA, 95864 5. Limit of Liability Any One Incident/Aggregate $ $2M/$4M 6. Deductible or Self -Insured Retention: (Nil unless otherwise specified): $ 750,000 7. Coverage is equivalent: r.nmprehencive General Liability fnrm CAL 0002 (Ed 1/731 Commercial General Liability "occurrence" form CG0001 X Comprehensive General Liability "claims -made" form CG0002....................................................... 8. Bodily Injury and Property Damage Coverage is: "claims -made" - "occurrence X if claims -made, the retroactive date is NOTE: The Agency's standard insurance requirements specify "occurrence" coverage. "Claims -made" coverage requires special approval. B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The Agency, its elected and appointed officers, officials, employees and volunteers are included as Additional insureds with regards to damages and defense of claims arising from: (a)activities performed by or on behalf of the Named Insured, (b) products and completedoperations of the Named Insured, or (c) premises owned, leased or used by the Namedlnsured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the Agency; or (b) products sold by the Named Insured to the Agency; or (c) premises leased by the Named Insured from the Agency, the insurance afforded by this policy shall be primary insurance as respects the Agency, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. lay--cec-� .yy�h�,..�},� h ffa�.��l� �+m lnvnnC. .%r% ri uS f 51 i'i , , rr7P�TwV�-%AN I'm �It mteersshhall-iir,,c � �"3 vi �`i10 3. SCOPE OF COVERAGE. This coverage, if primary, affords coverage at least as broad as: (1) Insurance Services Office form number GL 002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form FY 19 Citywide Pavement Maintenance Phase 11 19-PW-252 Page 48 comprehensive General Liability endorsement: or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG 0001 or "claims -made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 3. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability. 4. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its elected or appointed officers, officials, employees or volunteers. 5. CANCELLATION NOTICE. The insurance afforded by this policy shall not be auqpeRded, cancelled, r in lknAs except after thirty (30) days prior written notice k sa f,^^' —+urn ro ipt Fequested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: CQ. 00'.XP &, M� x ( : \ C (Title X Department) r W (C pany) 74e- (Address) ��qa \1�\_N 1 1� IM L '6-o � (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER, I, � ��`' (print/type name), warrant that I have uthonty to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE � � (original signature requir``��ed on en orsement furni ed o the Agency) ORGANIZATION r h� �� \t','�` TITLE - � C ADDRESS R TELEPHONE�®5ko� 1 FY 19 Citywide Pavement Maintenance Phase 11 19-PW-252 Page 49 WORKER'S COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT The City of Gilroy ("the Agency") 7351 Rosanna Street Gilroy, CA 95020 Attn: Risk Manager A. POLICY INFORMATION Endorsement # 1. Insurance Company Liberty Insurance Corporation ("the Company') EW7-66N-067002-019 2. Effective Date of This Endorsement 3. Teichert, Inc. 4. Employer's Liability Limit (Coverage B) B. POLICY AMENDMENTS In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. Cancellation Notice. The insurance afforded by this policy shall not be , cancelled, Pel- ago, or ' 'te except after thirty (30) days prior written notice by et,^ has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement. 2. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, , --Q,P, 51,mf (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF AU HORIZED REPRESENTATIVE (original signature required on endorsement furnished to the Agency) ^� ORGANIZATION L 1�0-r\TITLE C�! t R,S ADDRESS / �i i 1 TELEPHONE C 7 3 J (� FY 19 Citywide Pavement Maintenance Phase 11 19-PW-252 Page 50 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." l; SignaturB A. Teichert & Son, Inc. dba Teichert Construction Name of Contractor Francis Johnson Vice President Title 5` ll,a j1G'1 Date ***END OF SECTION*** FY 19 Citywide Pavement Maintenance Phase 11 19-PW-252 Page 51 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 nondis ' ination clause. May 16, 2019 Date Licensed General Contractor Francis Johnson - Vice President A. Teichert & Son, Inc. dba Teichert Construction Company 8 License # ***POST IN CONSPICUOUS PLACE OF EMPLOYMENT*** ***END OF SECTION*** FY 19 Citywide Pavement Maintenance Phase 11 19-PW-252 Page 52