HomeMy WebLinkAboutAgr 2007-05-04 (Soldavini Painting)
TOWN OF TIBURON
TIBURON, CALIFORNIA
OWNER-CONTRACTOR AGREEMENT
FERRY PLAZA HANDRAILS AND APPURTENANT WORK
THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this
f"* day of M,o.~ ' 2007, by and between the TOWN OF TIBURON, a municipal
corporation, 1505 Ti uron Boulevard, Tlburon, CA 94920, ("Owner"), and KEN SOLDA VINI
PAINTING, P.O. Box 900, Ross, CA 94957 ("Contractor").
In consideration of the mutual covenants and agreements set forth herein, Contractor and
Owner hereby agree as follows:
ARTICLE I
WORK DESCRIPTION
The Contractor shall do all the work and furnish all the labor, services and materials necessary to
complete the work described in the Contractor's Bid Proposal attached as Exhibit A ("Work"). The
Contractor shall complete the Work in a good, workmanlike and substantial manner, to the satisfaction
of Owner and in accordance with the terms of this Agreement and the Town's encroachment permit.
ARTICLE II
CONTRACT SUM
Contractor's compensation under this Agreement shall be known as the Contract Sum. The Contract
Sum shall be a not-to-exceed amount of$21.125.00 (twenty one thousand one hundred twenty five
dollars) as full compensation for the Work. All payments shall be subject to the General Conditions,
set forth in Exhibit B.
ARTICLE III
TIME FOR PERFORMANCE
Contractor shall commence performance of the Work on a date to be specified by Owner to Contractor
to proceed ("Notice to Proceed"). Contractor shall diligently proceed with performance of the Work
and agrees to achieve Completion of the entire Work within 20 working days after receiving the
Notice to Proceed ("Scheduled Completion Date").
ARTICLE IV
EXHIBITS
This Contract includes the following Exhibits, which are attached hereto and incorporated herein
by reference:
Exhibit A
Exhibit B
The Work (Contractor's Proposal)
General Conditions
Ken Soldavini Paintin'lY - Ferrv Plaza Handrails
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the
day and year first herein above written.
TOWN OF TIBURON
APPROVED AS TO FORM:
rran, Town Manager
fl~~~_
~Ann R. Danforth, Town Attorney
~
,
By flu
Margaret A.
~,~J/Jtl(!-}3-~____.._
CONTfCT~j: re: So~~avini Painting
By W-J~()(
Its r!.~ ()JuI~v/~; (~dvl'f't fdJ,,1/~
Contractor's License No~ -3 ~ )
Expiration Date: ~. _ .... 613CJ h..o 6 '/
Ken Soldavini Painting - Ferry Plaza Handrails 2
EXHIBIT A
CONTRACTOR'S PROPOSAL .
W()r'~I(\~ Cc!~~.).~ ~r-KI~~ ~/ ...r~1'
K 0_" "''''it A. 1\ \_~ bSO'rk ~~C\:
fV,,", ~ "d' r--a-t" \oN f U'UQI r
<o~~'ol\ ~. WcW-~ M~'t 6~ ~"1 r;;".
f Y"c p"r- ~d.
;h3
s~i";e. ~arlL 01"1 +?-I '. ,).dr'l W'crrf<.'ttt
k~ ~~r/~ 1'116.#, /, 2do /.... W'~ f>'r~~
will ~6-V~ ((3 b-f I'6i lr 6" hfl':l It)d(;?
~ {~" r~-fi'f\4A
S~~ 'f~~ ~ r~t.r ~ill 6~ r~nvJU~
~~ ~l"l'..1t S~t- U rQ..-?,,~~
Ff,,~ i~~ CF(- ~1.r ~?}t i~ ~,..M (}f^Q,~
S~~~ 5~~'\o~ 'ts ra.-(^.s~tJJ~
r I I~
J6h bt'M b~ ~~~ ~ y 4y . / .lOG;>
W~~~,.. PQJ'/lhfi+~
Ken Soldavini Painting - Ferry Plaza Handrails 3
f ,
.1,~"~VINI
~ \ : t:: :':~." ~'!
:;'! ::: :::~T9~f(1J'1(\I~IN6
~ 'I ill III " '~ ..~.
:.0 I, . ~...... -
'J~~___._,' ) : ,.
~~l}={]O~OLr IA
Phone
po. Box 900, Ross, CA 94957
(415) 461-6557 Lie. 513337
*,.__--- Job Name ~L ~ IlcN,J..:~~ \
Job Address
(! vrch t8 V
'SIl) ~V' C~
'-{ ~~-- ,3 err
/) JOB DESCRIPTION
fZ(Lh'\ <<r-V ~ 0--1/ A~h~r(J-'iis ,
pl<'hfL <r-~ ~(}'^ol <J\lt rcr,JL
5~~ aJ l ro.~u ()JI+~ s(}.)...cJ^,,; SQ~~r
'T orJ(j GO ~J '. _' (/(Jt..rri',J ~ 0,1'-1 J
rlL- (ro. &'1~ll Ao.~lr()\.'ILJt:t(~I\-Q.S~~~~
~~~V-~ (Jh~ -s e.u'/t'tll1 ()~ Att-v-J,(}Iii.J d-.
~ -{.., ~ ~. R \... -/~ {.c),.:U wl ().,~ fff'\ 'tJ ~~) ~
ts....~61f~ (\\V\G-+~~.,r -.5Q.v'l-rorl) ~ vJQr-ICC/1, iJ.,,~rL
(S..f''-.- -{{)'l'-f' -'> ~ c.J-\.r~ N '(oM Qf..l.J~ Go )W'J ~/~
'(;f )6 "'-2S- r eJ'1 Lc
Name
[)a te
^ddress
City
City
Job Phone
-II
2~/2.l
~Yme~rt~i3> ~~1~B
I
Any alteration, or deviation from the above specifications involvin extra . , .
over the sum mentioned in this contract. All agreements must be male in wr~tg~f matenal or labor will only be executed upon written orders for same, and will become an extra charge
"'I' . BUYER'S RIGHT TO CANC
ou are enttlled to c,1ncel this agreement before midnight of the third day (excluding S d ) f EL ,
,un ay a ter the date of your signature.
The undersigneu accepts the terms of the contract set forth hereinabove and agre~;ToE;atl'tAhfNCIIE r .
I, U Y perlorm accord
Price
Submitted by
D^TE
If accepted. please sign and return white copy
ACCEPTED BY
Conlr~clors are requi...,d by I~w III be licensed ~nd re~ul~led b the (' I ~~TI~E. TO OWNER
. ollh~ .~~a~d. wh,~~ ~d~re~~, is: , Y' nlr~<Iol s Slall' 1.1n'1I'" Ilo,ud. !\II~ '1IIl',lim" rulll'ernill~ a nJllII ador mal. he rdlTrl'd 10 Ihe re~i,lrar
.. Ir~(lors Stale 1.1(~IL"" "o~rd, 1020 N Slreet. Sacramenll, {"alilornia ~5H14
or Olh~~Il~~~~C ~~,~~~~:~~ I :,clll.Jw, allY wlllraClor. ,uhwlllral:lOr, lal."el. ll\aleIlJIJIlill\
.,s u 'mllfovc your pro[lCrty ami IS 1101 pallll", I". hI> J i'~.;'I~'~. '~~lIlIaled alld n:qlllllllg 111.11 a C11I1Hallur\ pa,,"ellllllllld he leuuded ill ,"cl1
or 11l~~~rtal: ha, a IIghllo e,lllort:C Ill' c1allB agamsl your prol~r(y. s, 1 I ":IVlll:' '; II>. .I" ,,,,ud ,l1all he 111 311 ,I fIlO"1l I ')(~ b, Il1al1 Idlv 1....11:c1l1 1'0%1 or Ihe ,"',,"a"
IlJer Ihe law, you may prolccl youI:,c1l agall"l stJel1 claim' hy him' t.j , :~'le ~ltJ '1:.,~1. II1.ld:1111l1lIl0 allY ClIlldlllllll' [')1 lite 1>.:r1illlllallce III lite ClllltraCl. Ix: lOlld,
mcncing ~lI~h work ur lmpruvcmc_~l. an ol'l.gmall.:olltr.u.:t for Ill' k [' g. lC ore com ,',l,IIl:ll 1)1 t,ll.: r1.lYIIll~11111l11l1I Dl Ihe cl.ul1i'lol .111 r)(.:r~on~ 1'111111'1111111;; 1.lho, \1..:1 vit~~ l'"tllllll
. e .w'~r \I Il1lpr\lV~melll.:'r 1 ell "I "'dlella, Ill, tile work dC"'f1Ix:d III "lid 1\IIlII;lL.( ...
EXHIBIT B
GENERAL CONDITIONS
ARTICLE 1
IN GENERAL
1.1 DEFINITIONS
1.1.1 "Director" shall mean the Owner's Director of Public Works or his designee.
1.1.2 "Owner" shall mean the Town of Tiburon, and its officials, agents and employees.
1.1.3 "Contractor" shall mean Ken Soldavnini and its officials, agents, and employees.
1.1.4 "Day" shall mean working day unless specifically designated otherwise.
1.1.5 "Excusable Delay" shall mean an actual delay in the performance of the Work by Contractor
caused by events to the extent that such events are not reasonable foreseeable and are beyond the
reasonable control of Contractor, such as fire, flood, earthquake or unusually and unforeseeably severe
and abnormal weather conditions, war, embargo, or sabotage.
1.2 CONTRACT CONDITIONS
The Contractor shall carefully study this Contract and shall at once report in w~iting to the Owner any
error, inconsistency, omission or lack of coordination that may be discovered. Any discrepancies
between this Contract and conditions of the Site, or in the layout given by stakes, points or
instructions, discovered by the Contractor shall be promptly brought to the attention of the Owner.
1.3 PERFORMANCE OF THE WORK
1.3.1 The Owner shall at all times have access to the Work.
1.3.2 At the time the contract is awarded, all contractors and subcontractors shall be
properly licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business and
Professions Code. At the commencement of work, all contractors and subcontractors shall have
obtained business licenses from the Town ofTiburon.
1.3.3 Unless otherwise provided in this Contract, the Contractor shall provide, pay for and
be responsible for all labor and materials necessary for the proper .execution of the Work. The
Contractor shall supervise and direct the Work, using the best skill and attention necessary for a
contractor experienced and expert in this type of construction. The Contractor shall employ only
persons skilled in the task assigned to them and only machinery and equipment of suitable capacity to
the task, and operated by an experienced operator. The Contractor shall be responsible to the Owner
for the acts and omissions of the Contractor's employees, subcontractors and their agents and
employees. Notwithstanding the forgoing, nothing in this Contract shall be interpreted to make the
Contractor an agent of the Owner.
1.3.4 The Contractor shall promptly correct all Work rejected by the Owner as defective or
as failing to conform to this Contract. The Contractor shall bear all costs of correcting such Work. If
the Contractor does not, within five (5) days after receipt of written notice from the Owner, commence
and diligently complete correction of any deficient or nonconforming Work, the Owner may, without
Ken Soldavini Painting- Ferry Plaza Handrails 4
prejudice to any other remedy the Owner may have, correct such deficiencies. The Owner shall be
entitled to a credit for the cost of such correction against the Contract Sum.
1.3.5 The Owner reserves the right to perform work related to the Work with the Owner's
own forces, and to award separate contracts in connection with other portions of the Work or other
work on the Site. The Owner and the Contractor shall provide for the coordination of the work. The
Contractor shall afford the Owner and separate contractor's reasonable opportunity for the
introduction and storage of their materials and equipment and the execution of their work, and shall
connect and coordinate the Work with theirs as required by this Contract.
1.4 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless Owner from any claims or damages, including
attorney's fees, arising from Contractor's performance of this Agreement, with the exception of those
claims or damages arising from the active negligence of Owner. In the event that the Owner's active
negligence accounts for only a percentage of the liability involve, the obligation of Contractor will be
for that portion or percentage of liability not attributable to the active negligence of Owner.
1.5 USE OF SUBCONTRACTS AND OTHER CONTRACTS FOR THE WORK
Contractor shall comply with the California Subletting and Subcontracting Fair Practices Act, Cal.
Pub. Contr. Code 33 4104 - 4114.1 in the use and substitution of subcontractors.
1.6 CHANGE ORDERS
1.6.1 A Change Order is a written order to the Contractor signed by the Owner and
authorizing a change in the Work and/or an adjustment in the Contract Sum and/or the Contract Time.
The Contract Sum and the Scheduled Completion Date may be changed only by specific Change
Order. Adjustments of Contract Time, Work or Sum may be issued without notice to Sureties, and
absence of such notice shall not relieve the Sureties of any responsibilities.
1.6.2 The Owner, without invalidating the Contract, may order changes in the Work within
the general scope of the Contract Change Order. The cost or credit to the Owner resulting from a
change in the work shall be determined, at the Owner's option, by mutual agreement between the
Owner and Contractor, or on the basis of time and material actually and properly incurred, plus a
twenty percentage fee for profit and overhead.
1.7 TERMINATION OF THE CONTRACT
1.7.1 If the Contractor becomes bankrupt or insolvent or is guilty of a substantial violation
of a provision of th is Contract, and fails within five (5) days after receipt of notice to commence and
continue correction of such default with diligence and promptness, the Owner may, without prejudice
to any other remedy the Owner may have, terminate the employment of the Contractor and take
possession of the Site and of all materials and equipment thereon owned by the Contractor as
necessary to complete the Work.
1 .7.2 The Owner may terminate the performance ofthe Work in whole or in part, whenever
the Owner determines that such termination is in the best interests of the Owner. Any such
termination shall be effected by delivery to the Contractor of a notice of termination specifying the
extent to which the performance of the Work is terminated, and the date upon which termination
becomes effective. Upon such termination for convenience, Contractor shall stop all Work and be
entitled to reasonable compensation for Work performed and accepted under this Contract.
Ken Soldavini Painting - Ferry Plaza Handrails 5
2.2
2.2.1 Upon Final Completion of the Work, Owner shall pay Contractor the mal payment ,) J.
and an remaining retainage. Notwithstanding the foregoing, in the event of a dis te between t.....
ContI: ctor and the Owner, the Owner may withhold from the final payment an amount n to exceed
15 ~ of the disputed amount. No payment shall be construed to be an approval or accepta e of any
d ect in Work or improper materials.
ARTICLE 2
A YMENTS AND COMPLE
PAYMENTS
The Contract Sum is stated in the Agreement and, including authorized a ~ustments
theret is the total amount payable by the Owner to the Contractor for the performanc of the Work
under tlf Contract.
2.1.2 The Contractor shall submit monthly invoices for Work complet , for the review and
approvalofth irector or his representative. Within 20 days of receipt ofe ch invoice, the Owner
shall either appro e the Work covered by the invoice or advise Contractor the specific deficiencies
that must be correc d prior to approval. Upon approval of the Work co red by the invoice, Owner
pay shall ninety perc t (90%) of the amount due. Retained percent es are for the sole protection
and benefit of the Own and no other person, firm or corporation s I be entitled to receive any part
thereof. Contractor shall H ve the option of substituting acceptable ecurities for the ten percent (10%)
retention, as provided by Pu ic Contract Code 3 22300. Altern Ively, Contractor may submit a lump
sum invoice for the total worK ost upon final completion.
2.1.3 e of any Work not in accordance with this
Contract. The Contractor warrants t t title to all co onents of the Work will pass to the Owner
either by incorporation in the construct n or upon r ceipt of payment by the Contractor, whichever
occurs first, free and clear of all liens, cla s, sec ity interests or encumbrances of any kind.
2.1.4 The Owner may withhold ment in whole or in part if the Contractor fails to
perform its contractual obligations to the e ent n essary to protect the Owner from damage, injury or
loss. Without limiting the foregoing, 0 ner may .thout payment as necessary to correct defective
Work not remedied; defend from ex. ing or likely t .rd-party claims, remedy the failure or likely
failure of payments to subcontracto , or for labor, mater Is or equipment; or damage to the Owner or
another contractor.
2.1.5 The Contra or following receipt of payment B the Owner shall promptly pay each
subcontractor, out of the a ount paid to the Contractor on accoun fsuch subcontractor's Work, the
amount to which said s contractor is entitled. The Contractor sha , by an appropriate agreement
with each subcontract , require each subcontractor to make payments to eir sub-subcontractors in
similar manner. Th Owner shall have no obligation to payor to see to the p ment of any monies to
any subcontracto or sub-subcontractor.
2.2.2 Prior to final payment, if requested by Owner, Contractor shall submit a wn en
certification that all payrolls, bills for materials and equipment, and other indebtedness connected wit
the Work for which the Owner or the Owner's property might in any way be responsible, have been
paid or otherwise satisfi .. wner other data establishing payment or
sa a such obligations to Owner's satisfaction.
Ken Soldavini Painting - Ferry Plaza Handrails 6
2.2.3 Acceptance by the Contractor offmal payment shall be and shall operate as a release
to Owner of and from any and all other claims, causes of action, damages or liabilities, whether or not
known or suspected, which Contractor ever had or claims to have had relating to this Contract or the
performance of the Work. No payment, however, final or otherwise, shall operate to release the
Contractor or his sureties from any obligations under this contract for the Contractor's bond for faithful
performance and Contractor's payment bond.
2.3 DELAYS AND EXTENSIONS
2.3.1 The Scheduled Completion Date shall not be extended except to the extent that the
Contractor is actually prevented from completing the Work before the Scheduled Completion Date
because of an Excusable Delay.
2.3.2 In the event that Contractor is actually delayed on the performance of the Work by
any Excusable Delay and because of said Delay is unable to complete the work by the Scheduled
Completion Date, Contractor's sole remedy shall be an extension of time for a period equal to the
length of such Excusable Delay. In no event shall it be entitled to a monetary payment over and
beyond the Contract Sum. Actual delays in activities that do not prevent the Contractor from
completing the work by the Scheduled Completion Date will not constitute an "Excusable Delay" nor
be a basis for changing the Scheduled Completion Date.
2.4 GUARANTEE
Independent of applicable manufacturers' warranties of materials used, for a period of one year
after acceptance by the Owner, the Contractor shall guarantee all work performed under this
contract. Any failure caused by defective materials or workmanship shall be promptly repaired or
replaced at the Contractor's expense. Failure of the Contractor to make such corrections will cause
the Town to make or have made any necessary repairs at the Contractor's expense. The warranty
period starts when a notice of completion is filed with the County or when final payment is made if
a notice is not filed.
ARTICLE 3
WORK MANAGEMENT RESPONSIBILITIES
3.1 SAFETY PRECAUTIONS AND PUBLIC CONVENIENCE
3.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. THis duty shall extend, without
limitation, to the safety of all employees on the Work and all other persons who may be affected
thereby; all the Work and all materials and equipment to be incorporated therein; other property at the
Site or adjacent thereto, and the work of the Owner or other separate contractors. Without limiting the
foregoing, Contractor, not Owner, shall remain fully responsible for the disposition and the exposure
to persons of materials, whether or not hazardous. Contractor remains fully responsible for the
handling of and the removal of products and systems and shall take necessary measures to protect
employees, subcontractors, general public, design consultants and others.
3.1.2 The Contractor shall so conduct his operations as to offer the least possible
obstruction and inconvenience to the public. The Contractor shall provide for the convenience of
abutting owners along the right-of-way as far as practicable. No material or equipment shall be stored
where it will interfere with the free, safe, and convenient passage of public traffic.
Ken Soldavini Painting - Ferry Plaza Handrails 7
3.2 SITE MANAGEMENT AND CLEAN UP
The Contractor shall confine operations atthe Site to areas permitted by law, ordinances, permits and
this Contract, and shall not unreasonably encumber the Site with any materials or equipment. The
Contractor shall keep the Site free from accumulation of waste material or rubbish caused by his
operations under the Contract. At completion of the daily work, the Contractor shall remove from and
about the Work such waste and rubbish, and the Contractor's tools, construction machinery,
equipment, surplus materials and other property. Good and reasonable house-keeping practices shall
be applied at the end of each working day, as approved by the Owner.
ARTICLE 4
INSURANCE
4.1 CONTRACTOR'S LIABILITY INSURANCE
Contractor shall provide and maintain insurance as set forth in this Article on behalf of the Owner.
4.1.1 Commercial General Liability Insurance (primary) shall be provided on ISO-CGL
form No. CG 00 01 11 85 or 88 or equivalent. Policy limits shall be no less than one million dollars
per occurrence for all coverages and two million dollars general aggregate. Owner and its employees
and agents shall be added as additional insured using ISO form CG 70 57 (03-96) or equivalent.
Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-
insurance, primary or excess, available to Owner or any employee or agent of Owner. Coverage shall
not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall
contain no contractors' limitation endorsement. There shall be no endorsement or modification
limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground
property damage or employment-related practices.
4.1.2 Business Auto Coverage shall be written on ISO Business Auto Coverage from CA
00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than one million dollars per
accident. This policy shall be scheduled as underlying insurance to any umbrella policy required
above for a total limit of no less than five million dollars each accident.
4.1.3 Workers Compensation/Employer's Liability shall provide workers compensation
statutory benefits as required by law. Employer's liability limits shall be no less than one million
dollars per accident or disease. Employer's liability coverage shall be scheduled under any umbrella
policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of
subrogation as respects the Owner.
4.1.4
Contractor and Owner further agree as follows:
4.1.4.1 All insurance coverage and limits provided pursuant to this Contract shall apply to the full
extent of the policies involved, available or applicable. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a
given coverage feature is for purposes of clarification only and is not intended by any party to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
4.1.4.2 Unless otherwise approved by Owner, Contractor's insurance shall be written by insurers
authorized to do business in the State of California and with a minimum ABest's Insurance Guide
rating of AA:VII. Self-insurance will not be considered to comply with these insurance specifications.
Ken Soldavini Painting - Ferry Plaza Handrails 8
4.1.4.3 Contractor shall provide evidence of the insurance required herein, satisfactory to Owner,
consisting of certificate( s) of insurance evidencing all of the coverages required and an additional
insured endorsement to Contractor's general liability and umbrella liability policies using ISO form
CG 70 57 (03-96) prior to commencing work under this Contract. Certificate(s) are to reflect that the
insurer will provide 30 days notice of any cancellation of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer
to mail written notice of cancellation imposes no obligation, and to delete the word Aendeavor= with
regard to any notice provisions.
4.1.4.4 . Contractor shall require all subcontractors or other parties hired for this Work to purchase and
maintain insurance of the type specified above naming as additional insureds all parties to this
Contract. Contractor shall make reasonable efforts to ensure that such coverage is provided as
required here.
4.1.4.5 Contractor shall provide immediate notice to Owner of any claim or loss against Contractor
that includes Owner as a defendant. Owner assumes no obligation or liability by such notice, but has
the right (but not the duty) to monitor the handling or any such claim or claims if they are likely to
involve Owner.
4.1.4.6 In the event of any loss that is not insured due to the failure of Contractor to comply with these
requirements, Contractor shall be personally responsible for any an all losses, claims, suits, damages,
defense obligations and liability of any kind attributed to Owner as a result of such failure.
4.1.4.7 Contractor shall not attempt to avoid its defense and indemnity obligations to Owner by using
as a defense Contractor's statutory immunity under workers compensation and similar statutes.
4.1.4.8 Contractor shall ensure that coverage provided to meet these requirements is applicable
separately to each insured and that there will be no cross liability exclusions that preclude coverage for
suits between Contractor and Owner or between Owner and any other insured or Named Insured under
the policy, or between Owner and any party associated with Owner.
4.2 OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
4.2.1
General Liability and Automobile Liability Coverages
4.2.1.1 The Owner is to be covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed operations of the Contractor;
premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on the scope of protection afforded
to the Owner.
4.2.1.2 The Contractor's insurance coverage shall be primary insurance as respects the Owner. Any
insurance or self-insurance maintained by the Owner shall be excess of the Contractor's insurance and
shall not contribute with it.
4.2.1.3 Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the Owner.
Ken Soldavini Painting - Ferry Plaza Handrails 9
4.2.1.4 Coverage shall state that the Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability .
4.2.2 Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days'
prior written notice by has been given to the Owner.
4.3 SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies or shall obtain separate
certificates and endorsements for each subcontractor.
ARTICLE 5
PREV AILING WAGE REQUIREMENTS
5.1 GENERAL REQUIREMENTS
5.1.1 The Contractor shall forfeit as penalty to the Owner $50.00 for each calendar day or
portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft
in which such workman is employed for any work done under the Contract by him or by any
subcontractor under him, in violation of the provisions of the Labor Code of the State of California,
and in particular, Section 1770 to 1780 thereof, inclusive. The general rate of prevailing wages is on
file in the Owner's offices.
5.1.2 The holidays upon which such rates shall be paid shall be all holidays recognized in
the collective bargaining agreement applicable to the particular craft, classification or type of workman
employed on the Work. The difference between such stipulated prevailing wage rates and the amount
paid to each workman for each calendar day or portion thereof for which each workman was paid less
than the stipulated prevailing wage rate shall be paid to each workman by the Contractor pursuant to
the requirements of Section 1 775 of the Labor Code of the State of California.
5.1.3 The Owner will not recognize any claim for additional compensation because of the
payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the
Contract.
5.1.4 Notwithstanding any other provision of the Contract to the contrary, the general
prevailing rate of wages in this locality for each craft, classification, or type of workman needed to
execute the Contract for the Work (which rate includes employer payments for health and welfare,
vacation, pension, travel time, and subsistence pay as provided for in Section 1773.8 of the Labor
Code of the State of California, apprenticeship or other training programs authorized by Section 3093
of the Labor Code, and similar purposes) app licab Ie to the work to be done for straight time, overtime,
Saturday, Sunday and holiday work is that ascertained by the Director of the Department of Industrial
Relations of the State of California and determined by the Town, which said rates are made a part
hereof, incorporated herein by reference as though fully set forth. The holiday wage rate listed shall
be applicable to all holidays recognized in the collective bargaining agreement of the particular craft,
classification or type of workman employed on the Work.
5.1.5 Attention is directed to the provisions of Section 1777.5 and 1777.6 of the California
Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. The
Contractor and any subcontractor shall comply with the requirements of Section 1777.5 and 1777.6 in
the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and
Ken Soldavini Painting - Ferry Plaza Handrails 10
other requirements may be obtained from the Director of Industrial Relations, ex-officio the
Administrator of Apprenticeship Standards and its branch offices.
5.1.6 The Contractor shall make such travel and subsistence payments to each workman
needed to execute the Work as are established in the applicable collective bargaining agreements filed
in accordance with Section 1773.8 of the California Labor Code.
5.1.7 The Contractor and each subcontractor shall keep an accurate payroll record showing
the name, address, social security number, work classification, straight time and overtime hours
worked each day and week and the actual per diem wages paid to each journeyman, apprentice,
worker or other employee employed by the Contractor or subcontractor in connection with the Work.
The payroll records shall be kept in accordance with the provisions of Section 1776 of the California
Labor Code and Contractor and each subcontractor shall otherwise comply with all requirements of
such Section 1776.
5.2 HOURS OF LABOR
The Contractor shall forfeit to the Owner, as a penalty, the sum of Twenty-five Dollars ($25.00) for
each workman employed in the execution of the Contract for each calendar day during which such
laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation
of the provisions of Sections 1810 to 1816, inclusive, of the Labor Code of the State of California.
ARTICLE 6
DISPUTE RESOLUTION
6.1 MEDIATION
The parties will make a good faith attempt to resolve any disputes arising from this Agreement through
mediation prior to initiating litigation. The parties shall mutually agree upon a mediator and shall
share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute
shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide
the parties with the names offive qualified mediators. Each party shall have the option to strike two of
the five mediators selected by JAMS and the mediator thereafter remaining shall hear the dispute.
6.2 ARBITRATION
Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually
agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association currently in effect. A demand for arbitration shall be made within
30 days after the Claim has arisen, and in no event shall it be made after the date when institution of
legal or equitable proceedings based on such Claim would be barred by the applicable statute of
limitations. The party filing a notice of demand for arbitration must assert in the demand all Claims
then known to that party on which arbitration any party may demand under this Agreement. The
award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 GOVERNING LAW
Ken Soldavini Painting - Ferry Plaza Handrails 11
7.1 .1 The Contract shall be governed by the law of the place where the Work is located.
The Contractor shall conform to and abide by all local, state and federal building, sanitary, health and
safety laws, rules, and regulations, including all Town ordinances and regulations.
7.1.2 All Contractors and subcontractors employed upon the Work shall and will be
required to conform to the provisions of the Labor Code of the State of California, and shall also
comply with all rules, regulations and Labor Laws of the federal government and the various acts
amendatory and supplementary thereto, and all other laws, ordinances and legal requirements.
Without limiting the foregoing, Contractor, will comply with applicable provisions of Section 3700 of
the Labor Code, which requires every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions of that Code.
7.2 SUCCESSORS AND ASSIGNS
The Owner and the Contractor, respectively, bind themselves, their partners, successors and assigns to
this Contract. Neither party to the Contract shall assign the Contract or sublet it as a whole without the
written consent of the other.
7.3 RIGHTS AND REMEDIES
The duties and obligations imposed by this Contract and the rights and remedies available thereunder
shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise
imposed or available by law. No action or failure to act by the Owner shall constitute a waiver of any
right or duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be specifically
agreed in writing.
7.4 PENALTY FOR COLLUSION
If, at any time, it is determined by the Town that the person, firm or corporation to whom the Contract
has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the
Contract shall be null and void, and the Contractor and his sureties shall be liable for loss or damage
which the Owner may suffer thereby, and the Owner may advertise for new bids for said work.
7.5 EQUAL OPPORTUNITY
Contractor shall comply with the provisions of Section 1 735 of the Labor Code of the State of
California, which provides as follows:
"No discrimination shall be made in the employment of persons upon public works because of the
race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital
status, or sex of such persons except as provided in Section 12940 of the Government Code, and every
contractor for public works violating this section is subject to all the penalties imposed for a violation
of this chapter."
END OF GENERAL CONDITIONS
Ken Soldavini Painting - Ferry Plaza Handrails 12
ApI'" 16 07 03:3810'
ferrant~ insuranc@
9256740903
p. 1
- l
~ORD CERTIFICATE OF LIABILITY INSURANCE DArE
___. TM 04/16/2007
R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
nte Ins:uranCQ SQr<:nCliiS I Inc. ONLY A.ND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIfiCATE DOES NOT AMENDr EXTEND OR
Willow Pass Road ~rER THE COVERAGE AFFORtlEO BY THE POliCIES BELOW.
100 INSURERS AfFORDING COVERAGE
~d CA 94519-
.......-------- ~.~-- ------.-----------
INSUR.;:R A Lloyds of London 2020
olda",ini Custom Painting i INSUR:i;R a. -----
x 900 I '.NSUR~R C
I ---_...--..._-'-----
~URER D. ._-~--------_.-
---
CA 94957- I INSURER E'
R~
CJVEI AGES
[lv. lUCIES 0< INSJRANCE "'ST.o BELOVl HAVE BEEN ,SSL ED TO CltE INSURED NAMEC ABOVE FOR THE '~UCY PER":'D IN"'O'XEn ImW.OTHSTANOIN3 ';.y
I fti:QU, ~EME~~T,Ef{V OR CO\lOIT:ON OF ArJY CDNTRA.CT OR OTHER OOCUMEN1 ,^~~'H RESPECT TD WHC--I THiS CERf!FIC..:l..TE M.u." t'.E ISSi.:ED DR r"IW PERTA!N,
1 ~'HE 111SURUlCE AFFORDED BY THE POL1CIES DESeR6ED HEREIN IS SUSJECT ~O ALL Tl-'E TERMS, EXClL'S:JNE P\~,D CON:njO~~S OF SUCi- POLlCIES
; j~GG>:{ :GATE LIMITS SHOWN M!W HA/~~~l?- CLA.lM~. ----------
IN~~~.. T'l'P1: OF INSURANCE ~OL.1CV NUMBER 1.1IJ\ITS
l~ /4/;RAL. L1ASIUn' WSE\. - 0 (Ie 023-1
: ~ gOM'MERClhL GENERAL L......BIl.:n
- 1-'"
L CLAIMS M,),OE ~ OCCUR
-----.--- ..-
G. N'L JI.GGREGATi: L:MI7 APPLIES PER:
; PRO- '"'"1
JEeT i Loe
.A(:
"Pl;)DUC~
Ftltrre:
3()l8
Sui tE;
Conel
IN;.u~et'
K\~n ::.
PO B(,
/
,I
I
I
I
I
!
I
.: ,U"fOMOBllE L!ABILlTY
~ ANY p,lITO
- - All. OWNED AUTOS
SCHEDULE:) AUTOS
i HIKEDAUTO~
1 NOI~.O'tINED AUTOS
.l---
I
I
I
I
I
I
I
I
/
_~ ~RAGE LIAS:I.!1"Y
. ...j MY ~\.!TO
i
I I
/ /
I
T I
I KCiSS L.!ABILITY
. ] occu~ 0 ':LAIMS tvlADE
3;DUCT6cf
I RErEr.JT\O~ $
~ ICRK&R.<; COMPENSATICN AN.rJ
: I MPLOY5RS' L.iAIilILlrY
i
I
1. ;~ER
J.
I /
I I
/ /
I I
I I
I I
I !
/ I
OESC, :IP110N Qf op=AA.nO~;sILOCAT10N8/Vf!HiCLES{EXC\.U$IO"S ADDiO BY IiNOOlltSE'UNTISPECIAl PROVISION5
['<1.cat<l bOlder C. to b. n....d .. add'.ti.nal ifiSurod.
CEf'! ~IFICA TE HOLDER ' AOOITlONAL INSUlltI'!D'IN3I.1RER ~I!TTEA:
1-' ~
!
I (
I
CANCELLATION
/
I
/
COMBINELJ SINGLE LllVI~
(fa aCt;lOttnl)
/
BCD IL Y ~NJURY
(Per por,.or,)
$
I
BODIL'j iNJURY
eer aCCIO\in/) -f!--
PROPER ry DI\MAGE I",
lP::r:.. 6cc'oent) $
~ AUTe ONLY. EA ACCILElr $
1 VTHER THAN '=^ ./I.CC
AUTO Of'oiL v: _.~ $
$
I
I EACtl OGC'JR'~E!1Gf
'- ",liGREGA'fe
i
I
1$
1.!-
1$
L
3
""':.. ST..A.. .T.(n ._ I t)7~-1
_.. I.?J~:(L ~~I~.... -,54
~EL tACH ""elDENT t
~E.L. )~SE~~E :$
~L.)$ A$E - POUGY !.IMI! $
SHOULU ANY OF lHE Aer:.VE OE5CRIBE:) POL.ICiES B~ Cc.i\lCiLLr.C SiOFORE 'mE
eXPI,"nON CA"fe THE"r,;OF, :HCi ISSU1NQ INSUREI'l \\~LL ~DEA.VOR TO MAIL
10 DAVS "~Tn. 'OTIC' TO 1". ""RTIFlC.,. HOlD'. ""'50 ro THe LI!'T OUT I
"'.,LIJRe. TO DO SO SHA. LI.IMPOSE .NOOBUGA~ION OR UA!SIUTY 01" ANY KINe UPON Tf-le:
INSURE!\, ITSAGENl$ OR /U:ff\!SI!! A'fIVI!~.
AUTHOPt,Zgo ".EPRESENTA 1'11(:'" \~-';:T _.... .
\ .... ~
_ @ACORD CORPORATiON 1988
(415) 435-2~38
City of Tiburon
1505 Tiburon B:vd.
i
I
L tiburon
ACO ~D 25-5 (7/97)
ft.,.,..- NS025S (1l91C)02
CA
94920,-
ELECTRONIC LASE:=t FORMS, :NC. . (8QO)327.{J54~
i'lOgO 1 cf ;/
Ma~ 07 07 10:44a
Ferrante insurance
SECTION IV . COMMERCIAL GENERAL
LIABILITY CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. You must see to it that we are notified as
soon as practicable of an "occurrence" or an
offense which may result in a claim. To the
extent possible. notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence"
or offense.
b. If a claim is made or "suW is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suW and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or "suit" as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit'"
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be
liable to the insured because of injury or
damage to which this insurance may
also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid r without our consent.
3. Legal Action Against Us
No person or organization has a right under
this Coverage Part:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
9256740903
p.2
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured obtained after an actual trial;
but we will not be liable for damages that are not
payable under the terms of this Coverage Part or
that are in excess of the applicable limit of
insurance. An agreed settlement means a
settlement and release of liability signed by us,
the insured and the claimant or the claimant's
legal representative.
4. Other Insurance
If other valid and collectible insurance is
available to the insured for a loss we cover
under Coverages A or Bof this Coverage Part,
our obligations are limIted as follows:
a. Primary Insurance
This insurance is primary ~~~2Px
}b.OOWXQQlXlklU~bllCf.S~~~~K
Xl>>Ijgt)t<D~XfJUC~XJXM~XlXKlli
Xl1tOOKl)g~ll~lVX~*<<i\'Kl
~karK:wkIX~~1aXl1t~~mex
me11O}{:a9O(it{~K~lIlMl>.M{
R~~InW>>R!R.fK
XbtS{l>>suranc)(~)oXatX
i&!~Rl{~~bttK*>>K~~>m<<lH!)D{
~~~:X~KIXOOGOt}q~X
l)t!ltEKtlllMS=X
k<<xMt~xfX?KEXVJKt~J{gCXJeX
XIlall.~~rtlmDa1i~Ri'&KHIX
XS{mMK~~K:Ig}UtlfX~K*~~X
~Xtmt~msK06Haa<.f>>pqx-Jm(l[Cf{S(
~~OC~H~KM~~~~>>~~~~
~K~bCJl~DQIlC1QMHG(M'\XrYBC;X
OCXXbat)6~NOO~IXX()tteX~H]tl{
~X~ooX~~~XK~~~.~X~X
Xll00)2~Be{'XlXJ(oomiselmoBX
>>~Xoo.KCXX~~KX
}Mfj~n~:h~mMrxxx
~x!Xh~>>~x>xmt1heXX
~~~KFlWK~~XiR~'
XXH~xxamKmeU~KrU~t)gX
~OO~~J~S~K~K~~~<<KXX
~~l@.Q~~M~Bl~~X
XiabXi~xx
~k~R~~j(ljWjl~Jti~ie~():
~bt~~K.ogdiedaij[tJ;jxxlJmQHgeGJEmisiKgCx
X1(lK~~<<rKiK<<<<Ot~J!E)tKti1XlefUlitK
~~~~~~~K~H>>KK~~~XX
XIX<<l~X)~~KdK1>>~U~~KtX