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HomeMy WebLinkAboutGuerra Construction - 2017 Agreement for San Ysidro Pathway & LightingSECTION 00500 AGREEMENT SAN YSIDRO PATHWAY AND LIGHTING PROJECT NO. 17 -PW -240 THIS AGREEMENT, made this day of , by and between the City of Gilroy, hereinafter called the "City," and je,-Ona+riwl or) hereinafter called the "Contractor." WIT NESSETH: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the SAN YSIDRO PATHWAY AND LIGHTING, Project No. 17 -PW -240, 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. San Ysidro Park Pathway and Lighting Project No. 17 -PW -240 SECTION 00500 - 39 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. Invitation to Bid Instructions to Bidders San Ysidro Park Pathway and Lighting Project No. 17 -PW -240 SECTION 00500- 40 Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans) 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 01.090, 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, San Ysidro Park Pathway and Lighting Project No. 17 -PW -240 SECTION 00500- 41 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 day of 2,q Wly-Ch , 20 Q . G 110 MA �Dl'1StM �r � G•�•� Name of Contractor Signature of C Signature of Contractor Title of Signator a4admL Approved as to Form: Gilroy City Attomey's Offies Title of Signator . By: Attomey AT TE T: ATTEST: Signature Ognp re Title of Signator Title o ignator ** *END OF SECTION' San Ysidro Park Pathway and Lighting Project No. 17 -PW -240 SECTION 00500- 42 ACoR�6 CERTIFICATE OF LIABILITY INSURANCE DA,E`MMIDD,YYYY► 4/20/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION bNLf Amo 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 eertifleats holder Is an- ADDITIONAL INSURED, the pollcy(les) must be endorsed. H SUBROGATION IS WAfVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A stabemerlt on this certificate does not confer rights to the certificate holder in lieu of such endorseme s . PRODUCER Leavitt Pacific Insurance Brokers, Inc. License #OD79674 1330 S Bascom Ave San Jose CA 95128 "Toni Mendez PHONE (408)288- 6262 FAX Na: (408)298 -7635 _toni- mendez@leavitt.com Baru AFFORDING COVERAGE NAIC0 DISURERA:Mount Hawley Insurance Company 37974' INSURED Guerra Construction Group Santa Clara Construction & Engineering, Inc 984 Memorex Drive Santa Clara CA 95050 MuRERB ;West American Insurance Company 44`393 a1SUREkc :Everest National. Insurance Company 10120 njuRERD :Ohio Casualty Insurance Company 24074 DISURERE'• EACH OCCURRENCE 1 DISUREdF: A COVERAGES CERTIFICATE NUMBERe17 GL /AU /WC /UM REVISION NUMBER: THIS dS TO C_ ERTIFY 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. I TRR, TYPE OF UGURANCE L POLICY NUMBER - EFF POLICY E>a' LIMTS X I COMMERCIAL GENERALLIABILnY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE ❑X OCCUR DAMAGE PREMISES E.occurrence) $ 50,000 MED EXP (Any one person) $ 1,000 X XGLO186034 4/1/2017 4/1/2018 PERSONAL BADV'INJURY $ 1,0,00,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 POLICY X, PRO- �.LOC JECT PRODUCTS - COMP /OPAGG $ 2.000, 006 Employee Benefits $ 1,000,006 OTHER: AUTOMOBILE LUUMLITY COMBINED SINGLE LIMIT Ea accident $ 1, -000, 000 BODILY INJURY (Per person) $ B X ANY AUTO O SCHEDULED ALL AUTOS AUTOS X BAWS6321564 4/1/2017 4/1/2018 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 A EKCESS LIAR CLAIMS -MADE DED I X I RETENTION$ 10,000 $ M 4/1/2017 4/1/2018 C WORKERS COMPENSA710N AND EMPLOYERS'1JARLffY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (MendaiorylnNFq NIA 7600017482171 4/1/2017 4/1/2018 g STATUTE ERµ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,.000,000 If yyes, describe under DESCRIPTION OF OPERATIONS, below E.L. DISEASE - POLICY LIMIT $ 11000,000 D Rented Leased Equipment BKS56321564 10/10/2016 10/10/2017 275,000 DESCRIPTION OF OPERATIONS I LOCA710NS I VEHICLES (ACORD 101, AdmeorW RamaAor Soheduh, my M aflached Bmwe spew In raquhsd) Re San.Ysidro Park 7700 Murry Ave Gilroy Ca 95020 City of Gilroy its officers, elected or appointed officials, employees, agents and volunteers are named as additonal insured per Auto & GL endorsment. Primary wording applies. CERTIFICATE HOLDER CANCELLATION City of Gilroy 7351 Rosanna St 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. AUTHORDMD REPRESENTATIVE Fred Stafford YWALD c ACORD 25 (2014101) The ACORD name and logo are. registered marks of ACORD INS025 (20a401) Policy Number: MGLO186034 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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 insur- ance 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 addi- tional insureds, the following is added to Section III — Limits Of Insurance: SCHEDULE 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. [Name Of Additional Insured Person(s) Or Organization(s): I City of Gilroy, its officers, officials, and employees 7351 Rosanna Street Gilroy, CA 95020 Service Agreement: San Ysidro Park 7700 Murry Ave Gilroy Ca 95020 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured A� V CERTIFICATE OF LIABILITY INSURANCE °4/20/ 017 4/20/2017 THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHT'S 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 INSIIRER(Sh AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER MPORTANT: If the cardflcats holder Is an ADDITIONAL INSURED, -the polhy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to Ow terms and condltlons of the Policy, certain policies may require an endoreemenL A statement on this Certflicete does not confer rights to the Cerdflcate holder In Hsu of such endomeme s . PRODUCER Leavitt Pacific Insurance Brokers, Inc. License #OD79674 1330 S Bascom Ave San Jose CA 95128 CONTACT Toni Mendez PHONE (408)288 -6262 (408)298 -7635 Not 11111% LAID , "llim toni= mendez@leavitt.com IINSURERM AFFORDING COVERAGE NAIL/ INSURetA:Mount Hawley Insurance Company 37974 04sURED Guerra Construction Group Santa Clara Construction & Engineering, Inc 984 Memorex Drive Santa Clara CA 95050 _ msuRete:West American Insurance_ Company 44393 msuRBtc:Everest National Insurance Company. 10120 a o -Ohio Casualty Insurance Company 24074 DISURFRE. n1sllRSeF; $ 1'000'000 COVERAGES CERTIFICATE NUMBER:17 GL /AF /WC /IdX 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. LTRR T TYPE OF INSURANCE POLICY NUMBER POLICY nr POLDDA nn LUM X COMMERCIAL GENERAL LI UMM EACH OCCURRENCE $ 1'000'000 A CLAIMS MADE 7X OCCUR PREMISES Ea RENTED cur ence ' $ 50, 000 MED EXP (Any one person) $ 1,000 X MGLO186034 4%1/2017 4/1/2018 PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY a JEC F7 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY CO MBINED SINGLE LIM Ea accident $ 11000,000 BODILY INJURY (Per person) $ B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X BAW56321564 4/1/2017 4/1/2018 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS X UMBRMJALIAB 1 X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 A EXCESSLIAS CLAIMS -MADE DED I X I RETENTION$. 10,000 $ IMXL0425225 4/1/2017 4/1/2018 WORKERRS COMPENSATION AND EMPLOYERS' LWBICRY YIN X STATUTE ETA ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 C 'OFFICER/MEMBER EXCLUDED? pbnddMInNlq NIA 7600017482171 4/1/2017 4/1/2018 E:L.DISEASE - EAEMPLO $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMB 1 $ 1 000 000 D Rented Leased Equipment SKS56321564 10/10/2016,10/10 /2017 275,000 DESCRPTION OF OPERATIONS I LOCATtOMM I VBDCM (ACORD 101, Addidonal Remaeb SdodWa, maybe aldWrad trusts space Is ragrdrsd) Re San Ysidro Park 7700 Murry Ave Gilroy Ca 95020 City of Gilroy its officers, elected or appointed officials, employees, agents and volunteers are named as additonal insured per Auto & GL endorsment. Primary wording applies. City of Gilroy 7351 Rosanna St 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. AUTHOR® REPRESENTATIVE Fred Stafford /YVVALD All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) Policy Number: MGLO186034 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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 insur- ance 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 addi- tional insureds, the following is added to Section III — Limits Of Insurance: SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): City of Gilroy, its officers, officials, and employees 7351 Rosanna Street Gilroy, CA 95020 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. Service Agreement: San Ysidro Park 7700 Murry Ave Gilroy Ca 95020 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured