The URL can be used to link to this page

Home My WebLink AboutRolfe Construction - 2014 AgreementSECTION 00500 AGREEMENT Joint Trunk Sewer Replacement PROJECT NUMBER 14 -PW -208 THIS AGREEMENT, made this Z� day of /qu9u�S�" Zo�H by and between the City of Gilroy, hereinafter called the "City," and Rolfe Construction 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 Joint Trunk Sewer Replacement, Project No. 14- PW -208, 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. 14 -Pw -208 AGREEMENT Joint Trunk Sewer Replacement SECTION 00500 -25 4822 - 5697- 8712v2 RLC104706002 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 terms 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. Notice to Prospective Bidders Instructions to Bidders 14 -PW -208 AGREEMENT Joint Trunk Sewer Replacement SECTION 00500 -26 4822 - 5697- 8712v2 RL004706002 Bid Documents Designation of Subcontractors Bid' 'Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements: Standard Specifications (Caitrans) 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 0109.0, 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 wilt 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: tie 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_ 6e 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 14 -PW -208 ,AGREEMENT Joint Trunk Sewer Replacement SECTION 00500 -27 4x22- sss��ztn2 RLCI 07402 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 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 ITNESS WHEREOF, this agreement has been executed on this.-j� day of it Dennis Rolfe Name of Contractor Signature of City Signature of Contractor Partner Title of Signator ATTEST: Signature Title of Signator 14 -PW -208 Joint Trunk Sewer Replacement 4822 - 5697 - 87122 RLC104706002 LIN. e of Signator Approved as to Form: Gilroy City Attomey's Office nLM' By. ** *END OF SECTION * ** Si Title d Signator S AGREEMENT SECTION 00500 -28 ROLFE -2 OP ID: RL2 ACORN" CERTIFICATE OF LIABILITY INSURANCE BATE (NMmi fwn 08/27/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE 6ERTI1FICATE 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(SL AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) 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 Leap/Car enter/Kemps Insurance 3187 Collins Dr. Mercedt. CA 95348 Michael J. Carpenter CONTACT NAME. No Arc No): nODRESSi 026892068 01/31/2014 01131 /2015 INSURER(S) AFFORDING COVERAGE NAIC INSURERA:State COMP Insurance Fund 35076 MED EXP (Any one person) INSURED Rolfe Construction INsuRERa: Nat] Fire Ins of Hartford 20478 3573 Southern Pacific Avenue Atwater, CA 95301 INSURER C: Continental Casualty Co. 20443 INSURER D: American Cas Co of Reading PA 20427 INSURER E $ 2,000,00 Emp Ben. INSURER F : C AUTOMOBILE X X COVERAGES CERTIFICATE NUMBER- RFVISION NUMRFR- 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. TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Gilroy POLICY NUMBER MID MMIODIYYYY LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR X X 026892068 01/31/2014 01131 /2015 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 10,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000000 GENERAL AGGREGATE $ 2,000,00. GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS- COMP /OP AGG $ 2,000,00 Emp Ben. $ 1,000,00 C AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS X X 025892085 01/31/2014 01/31/2015 COMBINED SIN-7LE—LIMIT Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDENT $ S - D X UMBRELLA LIAR EXCESS LIAS X OCCUR CLAIMS -MADE 4026892071 01/31!2014 01/31/2015 EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 DEC) I X I RETENTION$ 10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFRCER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under - DESCRIPTION OF OPERATIONS below NIA X 000820 -9 -13 10/01/2013 10/01/2014 X WC STATU- 0TH - E.L. EACH ACCIDENT $ 1000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,00 E.L. DISEASE- POLICY LIMIT_ -$._ 1,000,00 B Leased/Rented Equipment 026892068 01/31/2014 01/31/2015 100,00 Ded 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schodule, V more space Is rsqulmd) City of Gilroy, Its Officers, Elected or Appointed Officials, Employees, ents and Volunteers are named as Additional Insured with respects to General & Auto Liability per attached forms. Waiver of Subrogation applies to General and Auto Liability and Workers Comp GERTIRr-ATF MOI nFR PAMPCLI ATlnal GILRO -3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Gilroy THE ,EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Division ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna St. AUTHORIZED REPRESENTATIVE Gilroy, CA 95020 O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 4026892085 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. . This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 5/21/2014 Countersigned By: opt ctawrta Named Insured: Rolfe Construction SCHEDULE Name of Person(s) or Organization(s): Any person or organization that the Named Insured is obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of i r� 1=9 a* POLICY NUMBER: 4026892068 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organisation: REFER TO 02404 will be shown In The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sedtion IN — Conditions: 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 05 09 Copyright, Insurance Services Oi%e, Ina, 2008 Page I of 1 POLICY NUMBER: 4026892068 COMMERCIAL GENERAL LIABILITY CG 25 03 OS 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE EACH OF YOUR CONSTRUCTION PROJECTS LOCATED AWAY FROM PREMISES OWNED BY OR RENTED TO YOU Information required to complete this Schedule, If not shown above, will be shown in the Declarations. 1 A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical 'occurrences' under Section 1— Coverage A. and expenses shall reduce the Designated for all medical expenses caused by accidents under Construction Project General Aggregate Limit Section 1 — Coverage C, which can be attributed for that designated construction project Such only to ongoing operations at a single designated payments shall not reduce the General construction project shown in the Schedule above: Aggregate Limit shown in the Declarations nor 1. A separate Designated . Construction Project shag they reduce any other Designated Construction Project General Aggregate Limit General Aggregate Limit applies to each designated construction project, and that limit is for any other designated construction project equal to the amount of the General Aggregate shown in the Schedule above. Limit shown in the Declarations. 4. The limits shown in the Declarations for Each 2. The Designated Construction Project General Occurrence, Damage To Premises Rented To Aggregate Limit is the most we will pay for the You and Medical Expense continue to apply.. However, instead of being subject to the sum of all damages under Coverage A, except damages because of °bodily injury" or "properly General Aggregate Limit' shown In the damage' included n the "products - completed ed Declarations, such limits will be subject to the d Designated applicable Designate Construction Project operations hazard; and for medical expenses under Coverage C regardless of the number of General Aggregate � a. Insureds; b. Claims made or "suits" brought; or a Persons or organizations making claims or em bringing'sub." in CG 2S 03 05 09 Copyright, insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally C. obligated to pay as damages caused by °occurrences° under Section t — Coverage A. and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated concoction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available D. under the General Aggregate Umit or the Products-completed Operations Aggregate Urnit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate limit. When coverage for liability arising out of the 'products- completed operations hazard' is provided, any payments for damages because of 'bodily injury' or °property damage" included in the °products - completed operations hazard' Will reduce the Products- completed Operations Aggregate Unlit, and not reduce the General Aggregate limit nor the Designated Construction Project General Aggregate Unit. K the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables. the project will still be deemed to be the same construction project. E. The provisions of Section Ili — Umits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2008 CO 25 03 05 09 WAIVER OF SUBROGATION REP A2 STATE 820 -13 000009 RENEE NF 1- 24 -12 -14 PAGE 1 HOME OFFICE SAM FRANCISCO EFFECTIVE AUGUST 14, 2014 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING OCTOBER 1, 2014 AT 12.01 A.M. AT 1201 AM PACIFIC STANDARD TWEL OR THE TIME INDICATED AT PACIFIC STANDARD TIME ROLFE CONSTRUCTION 3573 S OUT BERN PACIFIC AVE ATWATER, CA 95301 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STA'T'E COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF GILROY WHICH MI%JT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY. ROLFE CONSTRUCTION IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING TilE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON' THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03 %. NOTHING W THIS ENDORSEMENT CONTAINED SWILL arm #imm TO VARY, ALTER. WAIVE OR EXTEND ANY OF THE TERMS. CONDITIONS. AGREEMENTS. OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHIN O ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED ARID ISSUED AT SAANFRFRANC4=r (f4 AUTHORIZH� REPRESENT IVE SCIF FOL U 10217 *EV.7 -10111 AUGUST 18, 2014 2570 PRESIDENT AID CEO OLD w 217 POLICY NUMBER: 4026892068 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY'COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) City of Gilroy, Its Officers, Elected or Appointed Officials, Employees, Agents and Volunteers Location And Description Of Completed Operations City of Gilroy Joint Trunk Sewer 7351 Rosanna St. Gilroy CA 95020 I 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 person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard." However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 ISO Properties, Inc., 2004 CG 20 37 0413 ❑ POLICY NUMBER: 4026892068 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL, INSURED ® OWNERS, LESSEES OR CONTRACTORS ® SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(si City of Gilroy, Its Officers, Elected or Appointed Officials, Employees, Agents and Volunteers Location(s) Of Covered Operations City of Gilroy Joint Trunk Sewer 7351 Rosanna St. Gilroy CA 95020 I 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 1. Your acts or omissions; or include as an additional insured the person(s) or 2. The acts or omissions of those acting on your organization(s) shown in the Schedule, but only behalf; with respect to liability for "bodily injury" "property damage" or "personal and advertising injury' caused, in whole or in part, by: CG 2010 0413 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 2 in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 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 insured(s) 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. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2012 CG 2010 0413