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HomeMy WebLinkAboutRandazzo Enterprises - 2015 AgreementSECTION 00500 AGREEMENT PROJECT NAME: 7350 Rosanna Parking Improvement Project Phase I Demolition PROJECT NUMBER: 15 -PW -227 THIS AGREEMENT, made this 3_ day of , by and between the City of Gilroy, hereinafter called the "City," and Z �. 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 7350 Rosanna Parking Improvement Project Phase I Demolition, PROJECT NO. 15 -PW -227, 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 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 etterms of this article 3. r 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 Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements 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 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 KYh day of , Name of Contractor �r�'trLPs i�a Signature of Contractor pr Azc� �ip,�i� Title of Signator ATTEST: Signature 00&facF 04Tn Title of Signator Signature of City bX� kAANuzsra.V er, Ll Title of Signator Approved as to Form: Gilroy City AttomeVs Office ** *END OF SECTION * ** _ % /)L J �.. _ . RANDA -3 OP ID: LM CERTIFICATE OF LIABILITY INSURANCE DATE IMWDONYYY) V 04/13/2015 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 pollcypes) 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 bolder In lieu of such endorsement(s). PRODUCER Financial & Insurance Svcs P.O. BOX 4209 1123 Soquel Ave Santa Cruz, CA 95062 Clay Timmons NAM Cla Timmons PHONE , 831.423 -8542 FNC Ne ; 831 - 423 -5714 E. ADDRESS: INSURERM AFFORDING COVERAGE NAIC 0 INSURER A: Interstate Fire & Casual 22829 DAN1000361 INSURED Randazzo Enterprises, InC. 13550 Bille, C 95 Casiroville, CA 95012 ,Nsula:RB:American Auto Insurance Co. 2'1857 INSURMC:Scottedale Insurance 41297 INSURER D : Westchester Surplus Lines 10172 INSURER E : $ 5,000 INSURERF- COVERAGES CERTIFICATE NUMBER oclllcrf%kl kt iaaeeo. THIS 1S 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 W VD POLICY NUMBER P Y EFF POLICY EXP MMID LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE Q OCCUR X DAN1000361 04/13/2015 EACH OCCURRENCE S 1,606,im- PREMISES Ea occurrence) 300,00 MED EXP one arson) $ 5,000 PERSONAL✓£AWINJURY S 1,000,000 GEN'LAGGREOATELIMITAPPLIESPM =cy � JECT El LOC GENERAL AGGREGATE S 2,000,0 PRODUCTS - COMPIOPAGG S 2,000,00 Deduct a 5,0 OTHEP_* B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X NOW WNED AUTOS MXA80312144 04113/2015 04/1312016 ancEden INGUELIMIT $ , 1 ,00000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PR TYOAMAGE (Per accident)$ S C X UMBRH.LA L1AB EXCESS L X OCCUR CLAIMS -MADE XLS0096748 04/13/2015 04/13/2016 EACH OCCURRENCE $ 1,000,000 AGGREGATE s 1,000,00 0 1 O 000 DED X RETEMON S r $ WORT ERSCOMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROPRIETOWP4RTNER(EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) Ft�aa deseriDe under DESCRIPTION OF OPERATIONS below NIA 1.11 STATUTE Ett E.L. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYE $ DISEASE -POLICY LIMIT $ D Pollution G27683246001 04113/2015 04/1312016 Limit 1,000,00 Deduct 5,00 DESCMPTM OF OPERATONS I LOCATN)NS J VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached H more space Is required) City of.Gilroy is named as additional Insured per Blanket Al Forms C 20 10 10101 & CG 20 3710101 attached, with respect to operations of the named Insured at Job #6566 7350 Rosanna Street Gilroy, CA 95020 CITYG -1 City of Gilroy Building Department 7351 Rosanna Street Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE `DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 Ypitl�� -v. ©1988 -2014 ACORD CORPORATION. All riahts ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Policy No. DAN1000361 Randazzo Enterprises, Inc. COMMERICAL GENERAL LIABILITY CO 20 37 10 01 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 or SCHEDULE Blanket when required by written contract Location and Description of Completed Operations: As Per Contract Included no entry appears above, Information required to complete this Schedule, if not clarations as applicable to this endorsement.) Section Il —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 ". CG 20 37 10 01 ISO Properties, Inc., 2000 Page 1 of '1 Policy No. _DAN1000361 POLICY NAME: Randazzo Enterprises, Inc. COMMERCIAL GENERAL LIABILITY CG 20 10 10 /01 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 Blanket when required by written contract. Project: As described in the contract or agreement. A_ Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect. to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2 Exclusions 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 site 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 other person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 Page 1 of 1 RANDA -3 OP ID: LM CERTIFICATE OF LIABILITY INSURANCE DATE 21 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 04/13/4 /1 31 20015 5 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 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). DCD Financial & Insurance Svcs P.O. Box 4208 1123 Soquel Ave Santa Cruz, CA 95062 Clay Timmons NAl cT clay Timmons PHONE 831.423 -8542 FAX A/c N.)' 831 -423 -6714 a ADDRESS: INSURER LS) AFFORDING COVERAGE 1 NAIC 0 INSURERA- interstate Fire & Casual 22829 A INSURED Enterprises, Inc. 1360 Bi5 012 Casirovill,le , C A 9 95 C iNsuRm9:American Auto Insurance Co. 21857 ER INSURC:Scottsdale Insurance 41297 INsuRERo Mestchester Surplus Lines 10172 INSURER E : $ 1,000,00 INSURER F, X '+v V QMA%J=0 GCK I IMGA I In Nl1MRFR- e0qmm^a1 au u■ncs. 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 L)OCUMENT 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 TYPE OF INSURANCE SOOL POLICY NUMBER MOLL Y JEFF -MID P LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAMS -MADE a OCCUR X DAN1000361 04113/2016 04/13/2016 PREMISES aocaarence $ 300,00 MED EXP Airy one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER- POLICY a E� El LOC GENERAL AGGREGATE $ 2,060,00 GEWL PRODUCTS - COMPIOPAGG $ 2,000,000 OTHER �� Deduct $ 5,00 AUTOMOBILE LIABILITY 1 u Freak t $ 1,000,00 B ANYAUTO MXA80312144 04/13/2015 04/1312016 BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ JX AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS PR ryDAMAGE $ Peraccident UMBRELLA LIAR � X OCCUR EACH OCCURRENCE - $ 1,000,000 (',, X EXCESS LIAR cLWS -MADF XL.S0096740 04/13/2015 04113/2016 AGGREGATE S 1,000,00 DED X RETENTION S 10,000 $ WORKERS COMPENSATION TH- AND EMPLOYERS' LIABILITY YIN STATUTE I I ER E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIME MBER EXCLUDED? ❑ MIA (Mandatory es. d In under ftyyeess,,desciDe ulttlar DISEASE - EA EMPLOY S E-L DISEASE -POLICY OMIT $ DESCRIPTION OF OPERATIONS below D Pollution G27683246001 04/13/2013 04/1312016 Limit 1,000,00 Deduct 6,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Gilroy is named as additional insured per Blanket Al Forms CG 20 operations A 502 of the n2lmed Ins7urreed at Job 95 66 7380 Rosanna with StreeetGil oy, CERTIFICATE HOLDER CANCELLATION CITYG -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Gilroy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Building Department ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street AUTHORIZED REPRESENTATIVE Gilroy, CA 95020 ®1488 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Policy No. DAN1000361 Randazzo Enterprises, Inc. COMMERICAL GENERAL LIABILITY CO 20 37 10 01 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 SCHEDULE Name of Person or Organization: Blanket when required by written contract Location and Description of Completed Operations: As Per Contract .Additional Premium: Included (If no entry appears above, fnformiation required to complete this Schedule, if not shown here, will be shown in the Declarations as appitcabie to this endorsement.) Section Ii —Who Is An insured is amended to include as an additional insured the parson(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 ". CG 20 3710 01 ISO Properties, Inc., 2000 Page 1 of 1 Policy No. _DAN1000361 POLICY NAME: Randazzo Enterprises, Inc. COMMERCIAL GENERAL LIABILITY CG 20 10 10/01 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 of Person or Blanket when required by written contract. Project: As described in the contract or agreement. A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2 Exclusions 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 site 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 other person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 Page 1 of 1