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HomeMy WebLinkAboutPremier Builders - 2015 Agreement - Project No. 16-PW-230SECTION 00500 AGREEMENT PROJECT NAME: Christopher High School Aquatic Center & Gilroy Senior Center Shade Structure Project PROJECT NUMBER: 16 -PW -230 THIS AGREEMENT, made this 25th day of August , 2015 , by and between the City of Gilroy, hereinafter called the "City," and Premier Builders Inc. 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 Christopher High School Aquatic Center & Gilroy Senior Center Shade Structure Project, PROJECT NO. 16 -PW -230, 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 Christopher High School Aquatic Center & Gilroy Senior Center Shade Structure Project Project No. 16 -PW -230 Section 00500 -1 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. Ci '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 Christopher High School Aquatic Center & Gilroy Senior Center Shade Structure Project Project No. 16 -PW -230 Section 00500 -2 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 Christopher High School Aquatic Center & Gilroy Senior Center Shade Structure Project Project No. 16 -PW -230 Section 00500 -3 concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. IN WITNESS WHEREOF, day of _ ,- , c4JA . � ✓�����it�t�lGt�l.hC Name of Contractor Signa ure of Contr ctor Title of eignator ATTEST: 4M� L45r Signature Title of Signator this agreement has been executed on this ignature of City Title of Sign for (Y�,, c Title o Signator ** *END OF SECTION * ** Approved as to Form: Gilroy VI-- City Atto ey's Office - B� City Attorney Christopher High School Aquatic Center & Gilroy Senior Center Shade Structure Project Project No. 16 -PW -230 Section 00500 -4 PREMBUI -01 LSERRANO ACORU- #%�' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/14/2015 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Fresno CSG Alliant insurance Services, Inc. 9 River Park Place E.3rd FI Fresno, CA 93720 CONTACT NAME: PHONE (559) 374 -3560 WC, No No Ext ADOARss: INSURE S AFFORDING COVERAGE NAIC A 10/01/2015 INSURER A: Landmark American Insurance Company 33138 $ 1,000,000 INSURED INSURERS: Nationwide Mutual Insurance Company 23787 Premier Builders, Inc. 8021 Carmel St INSURER C -Torus National Insurance Co 25496 INSURER D: State Compensation Insurance Fund of CA 35076 INSURER E: $ 11990-1009 Gilroy, CA 95020 INSURER F : $ 2,000.000 PRODUCTS - COMP/OP AGG 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IN WVD POLICY NUMBER LILY EF MMIDDIWYY MIDD EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X LHA138488 10/01/2015 10/01/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTFD PREMISES Ea occurrence $. 50,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 11990-1009 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F JET LOC OTHER. GENERAL AGGREGATE $ 2,000.000 PRODUCTS - COMP/OP AGG $ 2,000,90. B AUTOMOBILE LIABILITY X ANY ALL OWNED SCHEDULED AUTOS AUTOS X X NON -OWNED HIRED AUTOS AUTOS X ACP3016843837 10!01/2015 10/01/2016 ''� COMBINED BINGLELIMIT Ea accident $ 1 OOQOD BODILY INJURY (Per person) _._. $ BODILY INJURY (Per accident) $ PROPER AMA E Per accident $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X 86671K151AL1 10/01/2015 10/01/2016 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILrrY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑NIA OFFICERIMEMBER EXCLUDED? (Mandatory In NH) if yes, describe under DESCRIPTION OF OPERATIONS below 9142711 -15 10/01/2015 10/01/2016 Al S ATUTE ER E.L EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE- POLICY LIMIT $ 1,000J000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Gilroy Senior Center Shade Structure Project, Project #16-PW -230 The City, its officers, officials, employees, and volunteers are to be covered as additional insureds for liability coverage but only as respects the operations of the named Insured. City of Gilroy City Engineer 7351 Rosanna Street Gilroy, CA 95020 GANGtLLA I IUN 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 CORPORATION. All riahts reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD r POLICY NUMBER: LHA138488 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 Organization(s) Location And Description Of Completed Operations City of Gilroy- The City, its officers, officials, employees, and volunteers 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 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111 — 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. © Insurance Services Office, Inc., 2012 Page 1 of 1