1992-104-Authorizing The Execution Of An Agreement With Progressive Pacific For The Construction Of Project 9212-Winchester Boulevard Retaining WallRESOLUTION 1992 -104
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
PROGRESSIVE PACIFIC FOR THE CONSTRUCTION OF
PROJECT 9212 - WINCHESTER BOULEVARD RETAINING WALL
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Manager is authorized to enter into the agreement
with Progressive Pacific attached as Exhibit A for the construction of Project 9212 -
Winchester Boulevard Retaining Wall.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 15th day of June, 1992, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
NAYS: None
ABSENT: Mayor Eric D. Carlson
ABSTAIN: None
SIGNED:
Via-MAYOR F THE WN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
C21 \RESOS \PRO9212
Section 7
AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as
"Owner ") and Progressive Pacific Inc., (hereinafter referred to as "Contractor "). Owner
and Contractor, for the consideration hereinafter named, agree as follows:
1 -...SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of
PROJECT 9212 - WINCHESTER BOULEVARD RETAINING WALL in accordance with
the Contract Documents.
2 -CON RACT PRICE
As full compensation for furnishing all materials and for doing all the work contemplated
and embraced in this agreement, also for all loss of damage arising out of the nature of
the work aforesaid, or from the actions of the elements, or from any unforeseen difficulties
or obstructions which may arise or be encountered in the prosecution of the work until
its acceptance by Owner, and for all risks of every description connected with the work,
also for all expenses incurred by or in consequence of the suspension or discontinuance
of work, and for well and faithfully completing the work, and the whole thereof, in the
manner and according to the Contract Documents, Owner shall pay the amount specified
by Contractor in Contractor's Bid Form.
3 --CONTRACT IDOCUMENTS
All rights and obligations of Owner and Contractor are fully set forth and described in
the Contract Documents. All parts of the Contract Document are intended to be
correlated so that any work called for in one part and not mentioned in the other, or vice
versa, is to be executed the same as if mentioned in all said documents. The Contract
Documents are defined in section 8 -01(a) of these Specifications and are incorporated
herein by reference the same as though set out in full.
4 --BEGINNING OF WORK
Following the execution of this agreement and the approval of bonds and insurance
policies and certificates, Owner shall issue a notice to proceed with the work.
Commencing work or the entrance of equipment or materials on the site of the work by
Contractor before receipt of the notice to proceed is at the sole risk and expense of
Contractor, and the Contractor shall be fully liable for any damage or injury sustained by
Owner or third persons resulting therefrom.
5 - TIME OF COMPLETION
The work called for herein shall be commenced within ten (10) working days of the Notice
to Proceed issued by Owner, and shall be fully completed within the time limit set forth in
the Special Conditions.
(Revised Sere 10, 1992)
SECTION 7 - AGREEMENT
2
6 - CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY
TOWN
Contractor shall remedy any defects due to faulty materials and /or workmanship
and pay for any damages to other work and /or existing facilities resulting therefrom which
shall appear within a period of one year from the date of recording of the Notice of
Completion.
7 - LIQUIDATED DAMAGES
The undersigned has reviewed and is thoroughly familiar with the appropriate sections
of the Contract and Section 8 -06(c) of these Specifications pertaining to liquidated
damages.
IN WITNE S WHEREOF, the parties hereto have executed this Agreement as of the
f� day of
TOWN OF LOS GATOS
in
An
By:
uc(zzc, vwnei
Business Address: 15 Camo Evers Lane Scotts Valley CA 95006
Contractor's License Number: 577633A (expiration date: 9/30/93)
Approved as to
u�
arine And
(Revised June 10, 1992)
JUL-�'U -J2 1HU 7;a.8 WIGHTNAN INSUR, AGENCY FAX N0, 4084382698_ P, 02
MwOl!D. CERTIFICATE .P INSURANCE BBDE °ATE;MM, ° °VY)
PRODUCER [IDOES CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
ERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Atlantic Pacific Insurance Brokers NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
`itman Insurance Agency IES BELOW.
i- Box 66558 COMPANIES AFFORDING COVERAGE
Scotts Valley, CA 95067
INSUAED
Progressive Pacific Construction and
Development
15 Camp Evers bane
Scotts Valley, CA 95066
ER COMPANY A
Western International
COMPANY
Republic Indemnity
COMPANY
LETTER C
COMPANY D
LETTER
COMPANY E
LETTER
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,
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
.TR DATE (MM /OD /YY) DATE (MM/POIYY) LIMITS
GENERAL LIABILITY
GENERAL AGGREOAIE
6
2,000,000
X COMMERCIAL GENERAL LIABILITY
PRODUCTS•COMP /OP AOG.
S
A CLAIM$ MADE X OCCUR. CPP 151599 -02
0,4/01/92 O4/Ol/93 PGRSONAL A ADV. INJURY
S
110001000
OWNER'S 8 CONTRACTOR'S PROT.
EACH OCCURRENCE
S
1,000,000
FIRE DAMAGE (Any ono gee)
S
50,000
NEC, EXPENSE (Arty one wrAn) d
AUTOMOBILE LIABILITY
COMBINED SINGLE
`
6
-
ANY AUTO
LIMIT
"
ALL OWNED AUT03
BODILY INJURY
9
SCHEDULED AUTOS •
(Per Penes) _
HIRED AUTOS
SOOILY INJURY
s
NON-OWNED AUTOS
(Par etelCent!
GARAGE LIABILITY
PROPERTY DAMAGE
: S
EXCESS LIABILITY
EACH OCCURRENCE
S
UMBRELLA FORM
;A00RE0ATE
S
OTHER THAN UMBRELLA FORM'
WORKER'S COMPENSATION STATUTORY LIMITS
B AND PC 941827 06/01/92 06/01/93 EACH ACCIDENT s 1,000,000
EMPLOYERS' LIABILITY
DISEASE— POLICY LIMIT S 1, C00,000 .
OTHER
,wa,m,rnun Ur VrLNA I IVNS /LOGATIONbIYENIGLES /SPECIAL ITEMS Certificate holder, its Town Council members, Boards,
Commissions, employees and agents, acting in their capacity as such are named as additional
insureds as per form CG 20 10 for the work performed under this certificate only. This
insurance is to be primary.
Kevin Slavia
Town of Los Gatos
F ding & Engineering Services
P� .pox 949
Los Gatos, CA 95031
R*12117
GAN(;ELLATIDN ,'. •, . • ., :•• _. � .,,':'n' , ,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
r.
> EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ZTI�
MAIL It) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
r.
LEFT, ��
AUTHORIZED REPRESENTATIVE .O.r
y _
• � ®ACC D CORPORATION 1990
JUL-UU -U2 lHU 7,419 114 1GH? I INSUR. AGENCY FAX N0, 4084382698 P. 03
POLICY NUMBER: CO`A RCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART,
SCHEDULE
Name of Person or Organization: Town of Los Gatos, its Town Council members,
Hoards, Commissions, employees and agents
Building & Engineering Services
PO Box 949
Los Gatos, CA 95031
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) 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 work" for that Insured by or for you.
CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 ❑
-27-
'UL -30 -92 THU 7:50 W?GHT M INSUE AGENCY FAX N0. 40843P698 P,04
Named intuteds
7P n `
� Foiicy Sruwo�
CPP
d by (Name of tmuranor f
ofestern Internatiom
to
Numbar
It it ogreed that this policy it hemby amended u Indicated. All other terms and eondtttoru of this policy retnatn unchanged.
Fags 1 of 1
BLANKET WAIVER OF SUBROGATION
It is agreed that notwithstanding anything to the contrary in
Paragraph 8 of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV),
TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, in the event Of
any payment under this policy we waive our right of recovery against
any principal for whom the insured is operating under a written
contract when such contract requires a waiver of subrogation.
It is further agreed that work commenced under letter of intent or
work order, subject to subsequent reduction to writing with
customers whose customary contracts would require a waiver, would
also fall within this blanket waiver provision.
-19-
N
confirmation of liability coverage
� .+^ CAL, FOR NIA STATE AUTOMOaI.E ASSOCIATION N?ER- INSURANCE BDR EAD
Name and Address:
CASE ROBERT ABA PROGRESSIVE PACIFIC
15 CAMPEVERS LANE
SCOTTS VALLEY CA 95066
Additional Insured for Bodily Injury and Property Damage Is:
F5- 77 -42 -9
04 -25 -92
04 -25 -93
The Bureau will give 10 days Notice of Cancellation for non - payment of premium, 20 days Notice of Cancellation for any
Coverages are extended to:
Named Insured
reason or lapse of policy tC
The policy of automobile insurance includes the Coverages and limits Of liability as shown below. The policy will expire on the date shown unless cancelled
by the Insured or by the Bureau prior thereto.
DESCRIPTION OF AUTOMOBILE(S)
LIABILITY COVERAGES
MAKE
CHEVY
2. CHEVY
YEAR
80
:_b, No. (Last 5 tl em)
13124
BODILY INJJRY LIABILITY
PROPERTY DAMAGE
JABIL'TV
LIMITS OF UA9ILITY
LIMIT
74
49352
Eacn Person
500 ,D00
Each Occurrence
$ 500 ,000
Each Occurrence
$ 50 ,000
3. FORD
92
08488
Oaten at CAPITOLA CA CALIFORNIA STATE AUTOMOBILE ASSOCIATION
ICayI swal INTER- INSURANCE BUREAU
JULY 09 a 92
luanihl 577 PAT ESTES
iv1
rir+ o+a.. 8.37) Part t (while) - INSURED Pert 2 (yellow) - MAIN OFFICE