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HomeMy WebLinkAboutEF&S Concrete - FY 20 Spalling Concrete RepairDocuSign Envelope ID: CSFDDFBF-D563-4D46-BD7C-7CADECFBCFA6 ,� �: ;i :: r .�: �;�- - � FY 20 SPALLING CONCRETE REPAIR PROJECT No. 20-PW-255 THIS AGREEMENT, made this � �� day of i�,,��;�� , 2020, by and between the City of Giirou, hereinafter called the "City," and � r�qS �`vYl�-r'�- � �v"�C.� hereinafter called the "Contractor." WiTNESSETH; WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and confiract requirements and technical specifications and drawings for the construction of the FY 20 SPALLING CONCRETE REPAIR PROJECT, Project No. 20- PVV-255, 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 parfiies herein contained and to be performed, the City and Contractor agree as fol{ows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work sha{I be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810-2.0, Time Allowed for Col�noletion, subject to extension as expressly provided in the Contract Documents. Article 3. Liquidated Damages. The city anti the c®ntractar recognise that the city v�riN sart�er soabstantiai damages . and significant financial I®ss as a result of the cor�tracfi®r's �e4ays i� per�fe�rsroa�ce FY 20 Spalling Concrete Repair Project, 20-PW-255 2g DocuSign Envelope ID: CSFDDFBF-D563-4D46-BD7C-7CADECFBCFA6 of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the dan'aages and financial loss sustained as a result of any such delays in perforra�ance will be extrerv�ely difficult and irnpraciical to ascertain. therefore, the city and c®ntractor hereby agree that in the event of such delays in per#ormance, the city shall be entitled t® compensation by way of liquidated damages (and not penalty) #or the detriment resrulirng therefrorro in accordance with paragraph 00700�6.5, liouidated damactes, of the contract doctuments. the city and the contractor further agree that the amounts designated as liquidated dar'nages are a reasonable estirraate of the city's damages and financial Ross in the e�aent of any such delays in performance c®nsidering all ®# the circurvestances e�cisting as of the date of this agreement, inclaading the relationship of such amounts to the range o#harm t® the city which reasonably could be anticipated as ®# the date of this agreerr�ent and the expectation that proo# of actual damages would be extremely di#ficult and unpractical. �y initialing This paragraph below, the parties hereto signify their approval and c®nsent t® the terms ®#this article 3. DS - _ c �� City's Bn"st�ais C®niracYors ini#�a9s Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City sha41 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 OQ50Q of the Contract Documents) and the following, a!I of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in fuU. Invitation to Bid [nstructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements FY 20 5palling Concrete Repair Project, 20-PW-255 29 Docusign Envelope ID: CSFDDFBF-D563-4D46-BD7C-7CADECFBCFA6 Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans, 2010 edition) Technical Specifications Drawings Addenda, if any Bxecuted 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, dotes 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 sale discretion. No assignment by the Contractor of any rights, obligations, dufiies 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 shaft 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, offtcers, directors, agents or representatives of the City or its successor and assigns. !n accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors' State FY 20 Spatting Concrete Repair Project, 20-PW-255 30 DocuSign Envelope ID: CSFDDFBF-D563-4D46-BD7C-7CADECFBCFA6 License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is flied within four years of the date of the alfeged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within i o years of the date of the alfeged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95�26. fN WITNESS WHEREOF, this agreement has been executed on this da y of Nlr;��� �.�� r�'; �% . �-��� ���� r�� Name of Contractor � Signature of Gity City Administrator S� n Lure of Co trac Tftie of Signator Title of Signator Approved as to fo by City Attorney �. ATTEST: ATTEST: Signature i� Signature 14C538FCOE76461 .��.at.✓1-'�� Title of Signator J Title of Signator FY 20 Spelling Concrete Repair Project, 20-Pw-255 31 D ,a �,,. $1 j11 .��� �bV'�iS !F1 e r P . EHYBt 4306D447B... DocuSign Envelope ID: C8FDDFBF-D563-4D46-BD7C-7CADECFBCFAB Ac R®® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �� I 02/06/2020 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 have ADDITIONAL INSURED provisions or 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 coNTacr Heather Wa ner NAME: g Hunter Insurance Services, Inc �/aNlu . EXn: (619) 713-1034 ac. Noi: (619) 713-1034 9855 Pras ect Ave 'MAIL heather hunteronline.com p ADDRESS: Suite D INSURER(S)AFFORDINGCOVERAGE NAIC# Santee CA 92071 INsuRERA: Kinsale Insurance Company 38920 INSURED INSURERB: WeSCO InSUfanCe Company 25011 E F & S Concrete inc INsuRER c : Capitol Indemnity Corporation 10472 8352 Church St. Ste #F1 INsuRER D : Everest Premier Insurance Company 16045 INSURER E Gilroy CA 95020 INSURER F COVERAGES CERTIFICATE NUMBER: 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. )LTR TYPE OF INSURANCE Ajy� Sy yp POLICY NUMBER (MM DDY/YYYY1 (MMIDDYIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I $ 1,��0,00� �/ CLAIMS -MADE /� OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,�DO MED EXP (Any one person) $ A Y 01000953690 9/19/2019 9/19/2020 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,0�0 PoucY � PRO � JECT LOC PRODUCTS - COMP(OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) 1 +000 000 ANY AUTO BODILY INJURY (Per person) I $ B OWNED �/ SCHEDULED Y AUTOS /� WPP158339902 9/18/2019 9/18/2020 BODILY INJURY (Per accident) $ ONLY AUTOS XHIRED V NON -OWNED PROPERTYDAMAGE $ AUTOS ONLY /� AUTOS ONLY (Per accidenU UMBRELLA LIAB OCCUR H EACH OCCURRENCE $ 2Aoo,0o0 C X EXCESS�/LIAB CLAIMS -MADE Y XS20020038 1/22/2020 9/19/2020 AGGREGATE $ 2,000,000 I DED /� RETENTION $ $ WORKERS COMPENSATION I AND EMPLOYERS' LIABILITY Y❑ /� STATUTE ER D OF ICER/MEMBEREXCLUDEDyECUTIVE N/A 7600014878191 5/2/2019 5/2/2020 E.L.EACHACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is named as additional insured per attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEp POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 1N City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE 7351 Rosanna St. GILROY CA 95020 MavkiHu.wFu- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016l03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C8FDDFBF-D5B3-4D46-BD7C-7CADECFBCFAB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100095369-0 09/19/2019 12:01AM at the Named Insured E F & S Concrete address shown on the Declarations Additional Premium: I Return Premium: $o $o This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persan(s) or Organization(s): Locations) of Covered Operations Blanket, as required by written contract, executed prior to Locations as required and specified by written contract, the start of work on the project. executed prior to the start of work on the project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the persons) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds) at the locations) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 2010 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 DocuSign Envelope ID: C8FDDFBF-D563-4D46-BD7C-7CADECFBCFAB SCHEDULE OF UNDERLYING INSURANCE Issued to: E F & S CONCRETE By: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. TYPE OF POLICY OR COVERAGE GENERAL LIABILITY INSURER, POLICY N0. AND POLICY PERIOD Kinsale Insurance Company 09/18/19 09/18/20 Policy Number: EBU 018286343 LIMITS S 1,000,000 PER OCCURRENCE 52,000,000 GENERAL AGGREGATE � 1,000,000 PRODUCTS &COMPLETED OPS. AGGREGATE 82,000,000 PER PROJECT GENERAL AGGREGATE 52,000,000 PER LOCATION GENERAL AGGREGATE Defense Expenses are in addition to the limit AUTHORIZED REPRESENTATIVE UNDSCH 15/99) AH 0006 DocuSign Envelope ID: C8FDDFBF-D563-4D46-BD7C-7CADECFBCFAB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -BLANKET Attached To and Forming Part of Policy 0100095369-0 Additional Premium: $0 Effective Date of Endorsement 09/19/2019 12:01AM at the Named Insured address shown on the Declarations J Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE Named Insured E F & S Concrete ,I i SECTION IV —CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of "your work" done under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS4002 0110 Page 1 of 1 DocuSign Envelope ID: C8FDDFBF-D563-4D46-BD7C-7CADECFBCFAB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION -AMENDED AGGREGATE PER PROJECT OR LOCATION Atta hec d oT and Forming Part of Policy 0100095369-0 Additional Premium: Effective Date of Endorsement 09/19/2019 12:01AM at the Named Insured address shown on the Dec{arations Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE General Aggregate applies to EACH LOCATION in the amount of: Total ALL LOCATIONS Aggregate Limit: General Aggregate applies to EACH PROJECT in the amount of: Total ALL PROJECTS Aggregate Limit: SECTION III —LIMITS OF INSURANCE — 2, is amended by the addition of the following: Named Insured E F & S Concrete $2,000,000 $5,000,000 d. The General Aggregate Limit applies separately to each "project" of the Named Insured or to each "location" of the Named Insured as indicated in the Schedule above. Notwithstanding the application of the General Aggregate Limit to each "project" or each "location" of the Named Insured, under no circumstances will we pay more than the TOTAL ALL LOCATIONS AGGREGATE LIMIT or the TOTAL ALL PROJECTS AGGREGATE LIMIT shown in the Schedule above for all claims arising out of all "locations" or all "projects" as applicable under this policy. The following are added to the DEFINITIONS section of this policy: "Project" means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, change orders or work done at multiple locations under one contract are not separate "projects" within the meaning of this coverage. "Location'° means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS4005 0310 Page 1 of 1 DocuSign Envelope ID: C8FDDFBF-D563-4D46-BD7C-7CADECFBCFAB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT r Attached To and Forming Part of Policy 0100095369-0 Additional Premium: Effective Date of Endorsement 09/19/2019 12:01AM at the Named Insured address shown on the Declarations Return Premium: This endorsement modifies insuranee provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE ENVIRONMENTAL COMBINED LIABILITY POLICY - ALL COVERAGE PARTS iVamed Insured E F & S Concrete The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5003 0717 Page 1 of 1 DocuSign Envelope ID: C8FDDFBF-D563-4D46-BD7C-7CADECFBCFAB POLICY NUMBER: WPP1583399 02 COMMERCIAL AUTO CA990187 0715 This End®rsement Changes The Policy. Please Read It Carefully �� �� • ��� 1�_ \: This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed Organizations, Employee Hired Car Liability and Blanket Additional Insured Status for Certain Entities. Item 1. Who is an Insured of Paragraph A. Coverage under SECTION II —COVERED AUTOS LIABILITY COVERAGE is amended to add: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership of a majority interest (greater than 50%), will qualify as a Named Insured; however, (1) coverage under this provision is afforded only until the 180t" day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that results from an "accident" which occurred before you acquired or formed the organization; and (3) coverage does not apply if there is other similar insurance available to that organization, or if similar insurance would have been available but for its termination or the exhaustion of its limits of insurance. This insurance does not apply if coverage for the newly acquired or formed organization is excluded either by the provisions of this coverage form or by endorsement. e. An "employee" of yours is an "insured" while operating an °'auto" hired or rented under a contract or agreement in that "employee's'° name, with your permission, while performing duties related to the conduct of your business. f. Any person or organization you are required by written contractor agreement to name as an additional "insured", but only with respect to liability created in whole or in part by such agreement. B. Increase Of Loss Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended to read: (4) We will pay reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $1,000 per day because of time off from work. C. Fellow Employee Injured By Covered Auto You Own Or Hire Item 5. Fellow Employee of Paragraph B. Exclusions under SECTION II —COVERED AUTOS LIABILITY COVERAGE is amended to add: This exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. Such coverage as is afforded by this provision is excess over any other collectible insurance. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission DocuSign Envelope ID: C8FDDFBF-D563-4D46-BD7C-7CADECFBCFAB D. Limited Automatic Towing Coverage Item 2. Towing, of Paragraph A. Coverage, under SECTION III —PHYSICAL DAMAGE COVERAGE is amended to read: 2. Towing We will pay for towing and labor costs each time that a covered "auto" is disabled. All labor must be performed at the place of disablement of the covered "auto". a. The limit for towing and labor for each disablement is $500; b. No deductible applies to this cover- age. E. Item 3. Glass Breakage — Hitting A Bird Or Animal —Falling Objects or Missiles of Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to add: Glass Repair Coverage We will waive the Comprehensive deductible for Glass, if one is indicated on your covered "auto", for glass repairs. We will repair at no cost to you, any glass that can be repaired without replacement, provided the "loss" arises from a covered Comprehensive "loss" to your "auto". F. Increase Of Transportation Expense Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to read: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". G. "Personal Effects" Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Coverage We will pay actual cash value for "loss" to "personal effects" of the "insured" while in a covered "auto" subject to a maximum limit of $2,500 per "loss", for that covered "auto" caused by the same "accident". No deductible will apply to this coverage. H. "Downtime Loss" Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION 111. PHYSICAL DAMAGE COVERAGE, is amended to add: "Downtime Loss" Coverage We will pay any resulting "downtime loss" expenses you sustain as a result of a covered physical damage "loss" to a covered "auto" up to a maximum of $100 per day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a. We will provide "downtime loss" beginning on the 5th day after we have given you our agreement to pay for repairs to a covered "auto" and you have given the repair facility your authorization to make repairs; b. Coverage for "downtime loss" expenses will end when any of the following occur: (1) You have a spare or reserve "auto" available to you to continue your operations. (2) You purchase a replacement "auto". (3) Repairs to your covered "auto" have been completed by the repair facility and they determine the covered "auto" is road -worthy. (4) You reach the 30 day maximum coverage. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission — DocuSign Envelope ID: C8FDDFBF-D563-4D46-BD7C-7CADECFBCFAB 1. Item 4. Coverage Extensions, of d. Contraband or property in the course Paragraph A. Coverage, under SECTION of illegal transportation or trade. III. PHYSICAL DAMAGE COVERAGE, is e. "Loss" caused by theft, unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered "auto" and a police report is reimbursement expenses incurred by you for filed. a rental of an "auto" because of "loss" to a "auto" K. Accidental Airbag Discharge Coverage covered up to a maximum of $100 per day, for a maximum of 30 days for the same Item 3.a. of Paragraph B. Exclusions under physical damage "loss", subject to the SECTION III —PHYSICAL DAMAGE following conditions: COVERAGE is amended to read: a. We will provide rental reimbursement a. Wear and tear, freezing, mechanical incurred during the policy period or electrical breakdown. The beginning 24 hours after the "loss" and exclusion relating to mechanical ending, regardless of the policy break -down does not apply to the expiration, with the number of days accidental discharge of an air bag. reasonably required to repair or replace L. Loan or Lease Gap Coverage the covered "auto". If the "loss" is Paragraph C. Limit Of Insurance under caused by theft, this number of days is SECTION III —PHYSICAL DAMAGE the number of days it takes to locate the COVERAGE is amended to add: covered "auto" and return it to you or the number of days it takes for the claim to If a covered "auto" is owned or leased and be settled, whichever comes first. if we provide Physical Damage Coverage b. Our payment is limited to necessary and on it, we will pay, in the event of a covered "loss", actual expenses incurred. total any unpaid amount due on the "auto", lease or loan for a covered less: c. This coverage does not apply while "autos" a. The amount paid under the Physical there are spare or reserve Damage Coverage Section of the available to you for your operations. policy; and d. If a "loss" results from the total theft of a "auto" b. Any: covered of the private passenger type, we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue Damage Coverage Extension. payments at the time of the J. "Personal Effects" Exclusion "loss"; Paragraph B. Exclusions under SECTION (2) Financial penalties imposed III —PHYSICAL DAMAGE COVERAGE, is under a lease for excessive use, amended to add: abnormal wear and tear or high mileage; "Personal Effects" Exclusion (3) Costs for extended warranties, We will not pay for "loss" to "personal Credit Life Insurance, Health, effects" of any of the following: Accident or Disability Insurance a. Accounts, bills, currency, deeds, purchased with the loan or evidence of debt, money, notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor; and b. Bullion, gold, silver, platinum, or other (5) Carry-over balances from precious alloys or metals; furs or fur previous loans or leases garments; jewelry; watches; precious or semi-precious stones. c. Paintings, statuary and other works of art. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission — DocuSign Envelope ID: C8FDDFBF-D563-4D46-BD7C-7CADECFBCFAB M. Aggregate Deductible Paragraph D. Deductible under SECTION III —PHYSICAL DAMAGE COVERAGE is amended to add: Regardless of the number of covered "autos" involved in the same "loss", only one deductible will apply to that "loss". If the deductible amounts vary by "autos", then only the highest applicable deductible will apply to that "loss". N. Diminishing Deductible Paragraph D. Deductible under SECTION III —PHYSICAL DAMAGE COVERAGE is amended to add: Any deductible will be reduced by the percentage indicated below on the first "loss" reported during the corresponding policy period: Loss Free Policy Periods Deductible With the Expansion Reduction on the Endorsement first "loss" 1 0% 2 25% 3 50% 4 75% 5 100% If we pay a Physical Damage "loss" during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deductible stated in the Declarations page of each such COVERAGE FORM will not be reduced on any subsequent claims during the remainder of your policy period and your deductible reduction will revert back to 0%for each such COVERAGE FORM if coverage is renewed. O. Knowledge of Loss and Notice To Us Subsection a. of Item 2. Duties In the Event of Accident, Claim, Suit or Loss of Paragraph A. Loss Conditions under SECTION IV --BUSINESS AUTO CONDITIONS is amended to add: However, prompt notice of the "accident", claim, "suit" or "loss" to us or our authorized representative only applies after the "accident", claim, "suit" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or director, if you are a corporation; (4) A manager or member, if you are a limited liability company; (5) Your insurance manager; or (6) Your legal representative. P. VIlaiver Of Subrogation For Auto Liability Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended to read: 5. Transfer of Rights of Recovery Against Others To Us If any person or organization to or for whom we make payments under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after an "accident" or "loss" to impair them. However, if the insured has waived those rights to recover through a written contract, we will waive any right to recovery we may have under this Coverage Form. Q. Insurance is Primary and Noncontributory Subpart a. of Item 5. Other Insurance of Paragraph B. General Conditions under SECTION IV —BUSINESS AUTO CONDITIONS is amended to read: a. This insurance is primary and noncontributory, as respects any other insurance, if required in a written contract with you. R. Other Insurance —Hired Auto Physical Damage Subpart b. of Item 5..Other Insurance of Paragraph B. General Conditions under SECTION IV —BUSINESS AUTO CONDITIONS is amended to read: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission — DocuSign Envelope ID: C8FDDFBF-D563-4D46-BD7C-7CADECFBCFAB (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV —BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you musfi report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V —DEFINITIONS is amended to add: "Personal effects" means personal property owned by the "insured". "Downtime loss" means actual loss of "business income" for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss" and 2. Is in the custody of a repair facility if not a total "loss". "Business Income" means: 1. Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of 5 Used with permission DocuSign Envelope ID: C8FDDFBF-D5B3-4D46-BD7C-7CADECFBCFAB ADDITIONAL INFORMATION DocuSign Envelope ID: C8FDDFBF-D5B3-4D46-BD7C-7CADECFBCFAB r Eric Argar��aso From: Chu, Cindy <Cindy.Chu@berliner.com> Sent: Monday, March 02, 2020 4:11 PM To: LeeAnn McPhillips; Eric Argamaso Cc: Andy Faber; Jolie Houston; Faranak Mandavi Subject: RE: City of Gilroy Contract Agreement Documents Eric, I believe the Best A.M. reviews that LeeAnn forwarded cover the surety providers for both contracts. I know at least the Allegheny belongs to McKim, and the Wesco belongs to EF&S. Andy can approve the McKim contract at the Council meeting tonight. You can provide him with the EF&S agreement to approve as to form, as well (just saves from having to circulate it to us by mail). Cindy Chu � Attorney Cindv.Chu@berliner.com San Jose � Modesto � Merced 10 Almaden Blvd., Eleventh Floor 0 San Jose, California 95113 � 408.286.5800 I F 408.998.5388 � www.berliner.com CONFIDENTIALITY NOTICE: This message may contain information that isattorney-client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in error, please notify the sender by reply a -mail and delete the message and any attachments. Please consider the environment before printing this email. From: LeeAnn McPhillips <LeeAnn.McPhillips@ci.gilroy.ca.us> Sent: Monday, March 02, 2020 3:24 PM To: Eric Argamaso<Eric.Argamaso@ci.gilroy.ca.us>; Chu, Cindy <Cindy.Chu@berliner.com> Cc: Faber, Andrew L. <Andy.Faber@berliner.com>; Houston,lolie <Jolie.Houston@berliner.com>; Faranak Mandavi <Faranak.Mandavi@ci.gilroy.ca.us> Subject: RE: City of Gilroy Contract Agreement Documents [External Email] Yes, I looked at both as I thought they were somehow tied together. Thanks LM LeeAnn McPhillips, MPA, SPHR, IPMA-SCP Human Resources Director/Risk Manager DocuSign Envelope ID: C8FDDFBF-D5B3-4D46-BD7C-7CADECFBCFAB City of Gilroy Human Resources and Risk Management f�e,�;�rtment 7351 Rosanna Street Gilroy, CA 95020 �` • www.citvof�ilrov.or� r, l��'C.� . aw main # (408) 846 0228 direct # (408) 846-0205 fax # (408) 846-0200 leeann.mcphil li as@citvof�ilrov.or� This e-mail transmission contains information that is intended to be confidential and privileged. if you receive this e-mail and you are not a named addressee you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this communication without the consent of the sender and that doing so is prohibited and maybe unlawful. Please reply to the message immediately by informing the sender that the message was misdirected. After replying, please delete and otherwise erase it and any attachments from your computer system. Your assistance in correcting this error is appreciated. From: Eric Argamaso Sent: Monday, March 02, 2020 2:01 PM To: Chu, Cindy; LeeAnn McPhillips Cc: Andy Faber; Jolie Houston; Faranak Mandavi Subject: RE: City of Gilroy Contract Agreement Documents Thank you Cindy and LeeAnn for your timely responses. LeeAnn, There are two different projects being discussed in this thread; a contract with EF&S which will go to council on March 16 and a contract with McKim Corporation which goes to council tonight. I saw the attachments that verified EF&S. Has the one for McKim Corporation been verified as well? We do not anticipate this process to be rushed in the future. This project is a special case because failure to deliver this project and use allocated funds in a timely manner may result in the City receiving penalties and funding being revoked in the future. The nature and deadlines of this project required the entire process to be accelerated, so I do appreciate everyone's help in this. Best regards, Eric Argamaso Engineer, Capital Improvement Projects Department of Public Works City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Email: eric.ar>;amaso@citvof>;ilrov.org Phone: (408) 846-0217 DocuSign Envelope ID: C8FDDFBF-D5B3-4D46-BD7C-7CADECFBCFAB 'ilroy From: Chu, Cindy fmailto:Cindv.Chu@berliner.coml Sent: Monday, March 02, 2020 12:05 PM To: LeeAnn McPhillips; Eric Argamaso Cc: Andy Faber; Jolie Houston; Faranak Mandavi Subject: RE: City of Gilroy Contract Agreement Documents Thanks, LeeAnn. Eric, I received the bid schedule documents and am glad that further review allowed you to catch that discrepancy. We to do not have any other concerns with the McKim bid package. Regards, Cindy Cindy Chu � Attorney Cindv.Chu(c�berliner.com '� San Jose � Modesto � Merced 10 Almaden Blvd., Eleventh Fioor I San Jose, California 95113 (408.286.5800 � F 408.998.5388 I www.berliner.com I �� ,� � �- CONFIDENTIALITY NOTICE: This message may contain information that is attorney -client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in error, please notify the sender by reply a -mail and delete the message and any attachments. Please consider the environment before printing this email. From: LeeAnn McPhillips <LeeAnn.McPhillios�ci.l?ilrov.ca.us> Sent: Monday, March 02, 2020 12:00 PM To: Chu, Cindy <Cindv.Chu[c�berliner.com>; Eric Argamaso <Eric.Arl?amaso(c�ci.eilrov.ca.us> Cc: Faber, Andrew L. <Andv.Faber(u)berliner.com>; Houston, Jolie <Jolie.Houston�berliner.com>; Faranak Mandavi <Faranak.Mandavi@ci.�ilrov.ca.us> Subject: RE: City of Gilroy Contract Agreement Documents [External Email] Hello, The insurance looks acceptable. I looked up the surety company and they have a good rating. See attached. Eric and Faranak —please be sure you send this over well in advance of the council meeting —we should not be checking day of meeting —should check before staff report is prepared if at all possible. DocuSign Envelope ID: C8FDDFBF-D5B3-4D46-BD7C-7CADECFBCFAB Thanks, LM LeeAnn McPhillips, MPA, SPHR, IPMA-SCP Human Resources Director/Risk Manager City of Gilroy Human Resources and Risk Management Department 7351 Rosanna Street Gilroy, CA 95020 "" www.citvofeilrov.or� „ „ main # (408) 846-0228 �` direct # (408) 846-0205 fax # (408) 546-0200 leeann.mcnhillins@citvof�ilrov.or� This e-mail transmission contains information that is intended to be confidential and privileged. !f you receive this e-mail and you are not a named addressee you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this communication without the consent of the sender and that doing so is prohibited and maybe unlawful. Please reply to the message immediately by informing the sender that the message was misdirected. After replying, please delete and otherwise erase it and any attachments from your computer system. Your assistance in correcting this error is appreciated. From: Chu, Cindy �mailto:Cindv.Chu@berliner.coml Sent: Monday, March 02, 2020 11:30 AM To: Eric Argamaso; LeeAnn McPhillips Cc: Andy Faber; Jolie Houston; Faranak Mandavi Subject: FW: City of Gilroy Contract Agreement Documents Hi Eric/LeeAnn, The same two issues for the bid package with McKim Corp., that I just emailed about apply to this bid package. Eric, please send us the payment bases for this contract as well, for our review. LeeAnn, the surety certificate for attached bid package is on the second to last page of the document. Cindy Chu � Attorney Cindv.Chu@berliner.com ���� ,,,� �.crs San Jose I Modesto I Merced 10 Almaden Blvd., Eleventh Floor I San Jose, California 95113 � 408.286.5800 � F 408.998.5388 � www.berliner.com DocuSign Envelope ID: C8FDDFBF-D5B3-4D46-BD7C-7CADECFBCFAB CONFIDENTIALITY NOTICE: This message may contain information that isattorney-client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in error, please notify the sender by reply a -mail and delete the message and any attachments. Please consider the environment before printing this email. From: Eric Argamaso <Eric.Ar�amaso@ci.�ilrov.ca.us> Sent: Monday, February 24, 2020 5:12 PM To: Chu, Cindy <Cindv.Chu(a?berliner.com> Cc: Faber, Andrew L. <Andv.Faber(a�berliner.com>; Houston, Jolie <Jolie.Houston(a�berliner.com>; Faranak Mandavi <Faranak.Mandavi(a�ci.eilrov.ca.us> Subject: City of Gilroy Contract Agreement Documents [External Email] Good afternoon Cindy, The City of Gilroy recently advertised the FY20 Spalling Concrete Repair Project, Project No. 20-PW-255 and intends to award the contract for construction of this project to EF&S Concrete. The City has received the signed agreement and applicable insurance documentation from EF&S. At your earliest convenience, can you review these documents and provide any comments by end of business day Monday, March 2?This project will be brought up to City Council on March 16. If you have any questions feel free to let me know. Best regards, Eric Argamaso Engineer, Capital Improvement Projects Department of Public Works City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Email: eric.ar�amasoCc�citvof�ilrov.or� Phone: (408) 846-0217 �7'ilroy