Loading...
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