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HomeMy WebLinkAboutAgr 2006-04-21 (Community Playgrounds) TOWN OF TIBURON TIBURON, CALIFORNIA OWNER-CONTRACTOR AGREEMENT FOR THE SOUTH OF KNOLL TOT LOT RENOVATION PROJECT THIS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this ~ f!!- day of -A-:r"-: I , 2006, by and between the TOWN OF TIBURON, municipal corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner") and Community Playgrounds ("Contractor"), whose principal place of business is 1620 Grant Avenue, Novato, Calif, 94945,( phone:415.892.1707). In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I CONSTRUCTION Subject to and in accordance with the terms of this Agreement, the Contractor shall do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete, in accordance with the Contract Documents (as hereinafter defined) in a good, workmanlike and substantial manner and to the satisfaction of the Owner, the South of Knoll Tot Lot Renovation Project ("Project") located in Tiburon, California more particularly depicted on Exhibit A ("the Site"). The Project is that described and reasonably inferable from the drawings and specifications and documents enumerated in Exhibit B, such construction and furnishing of labor, services, materials and equipment and the performance of Contractor's other services and obligations required by the Contract Documents are hereinafter referred to as the "Work." The term "Contract Documents" shall mean this Agreement, and all of the items enumerated in Exhibit B. ARTICLE II PAYMENT If- 2( -Dr #5-( J Attention is directed to Section 5-1.7 of the Special Provisions. ARTICLE III TIME FOR PERFORMANCE Section 3.1 Commencement of Work; Tilne of Completion: Attention is directed to Section 8-1.06 of the Standard Specifications. The Contractor shall begin work within 10 calendar days after the date of the Notice to Proceed, and shall diligently prosecute said work to completion before the expiration of --4L WORKING DAYS Section 3.2 Liquidated Damages: Attention is directed to Section 8-1.07 of the Standard Specifications. The Parties acknowledge that time is of the essence in this Agreement and wish to avoid the cost, difficulty and delay of proving the damages caused by delay. Accordingly, the Parties agree that the Contractor shall pay to the Town the sum of$300 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed in Section 3.1 hereof. ~ ~~.. ~ ~ )J C;iT~~T~R ARTICLE IV PREVAILING WAGES The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the Director of the Department of Industrial Relations of the State of California, copies of which ("Prevailing Rate Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any interested party upon request. The holidays upon which 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 Proj ect. Attention is directed to Section 7-1.01 A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as set forth in California Labor Code S 1775, twenty-five dollars ($25.00) for each calendar day or portion thereof, for each workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done by any subcontractor under Contractor. ARTICLE V NON-DISCRIMINATION The Contractor hereby agrees to comply with the provisions contained in Section 5-1.1 of the Special Provisions. ARTICLE VI WORKER'S COMPENSATION INSURANCE By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 ofthe Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. ARTICLE VII CONFLICT In the event of conflict between the terms of this Agreement and the bid or proposal of said Contractor, then, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the proposal conflicting herewith. ARTICLE VIII EXHIBITS This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A Exhibit B Exhibit C The Site ( .,h <-- , Contract Documents {~ .u <- 1\1 \ Contract Prices (Bid Proposal) IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove written. APPROVED AS TO FORM: TOWN OF TIBURON /~ Jf?--- Town Attorney By ~ ~~~j Town Manager By ::NK Its ?lG-6Gl ~ -r-- Contractor's License No. ~,~ Expiration Date: \0 / .3 i ;' I)(p I I __ _ _ _ _ _ _ ___ ______ _ _ _ ___ _ _ _ __ - - -- - --- - - - -- - --- ---- - - - -- --- - --Page Break. -- - - - - -- -- -.- -- - - -- - -- - -- -- - - - - - - -- - - -- - - - - - --- - - -- - - - -- - - - -- TOWN OF TIBURON PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SOUTH OF KNOLL PARK TOT LOT RENOVATION SECTION 1. SPECIFICATIONS AND PLANS The work embraced herein shall be done in accordance with the Standard Specifications dated July 2002, and the Standard Plans dated July 2002, of the State of California Department of Transportation insofar as the same may apply and in accordance with the following Special Provisions. Also, where noted, the Marin County Standard Plans shall be used. In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. DEFINITIONS AND TERMS As used herein, unless the context otherwise requires, the following terms have the following meaning: DEPARTMENT OF TRANSPORTATION: Town Council of the Town of Tiburon, State of California. DIRECTOR OF TRANSPORTATION: Town Engineer of the Town of Tiburon, State of California. ENGINEER: The Town Engineer of the Town ofTiburon, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. LABORATORY: The established laboratory of the Materials and Research Department of the Department of Transportation of the State of California or laboratories authorized by the Engineer to test materials and work involved in the contract. STATE: The Town of Tiburon. TRANSPORTATION BUILDING: Town Hall, Town of Tiburon, State of California. STATE HIGHWAY ENGINEER: The Town Engineer of the Town of Tiburon. STANDARD SPECIFICATIONS: The 2002 edition of the Standard Specifications of the State of California, Department of Transportation. Any reference therein to the State of California or a State agency, office, or officer shall be interpreted to refer to the Town or its corresponding agency, office, or officer acting under this contract. STANDARD PLANS: Standard Plans shall mean the standard plans of State of California, Department of Transportation dated July 2002 And Errata dated October 2000. and/or Marin County's latest standard plans. CONTRACT DOCUMENTS: The work shall conform to the requirements of all the following contract documents: Project Plans. The Standard Specifications, insofar as they may apply. The Standard Plans, insofar as they may apply. These specifications, including the Notice to Contractors. S:\ADMINISTRATION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC ~XH,i'T B The Proposal and the Contract (or Agreement). The two (2) contract bonds required herein. Any supplemental agreements amending or extending the work. Any working drawings, sketches, or instructions clarifying or enlarging upon the work specified herein. Pertinent portions of any other documents included by reference thereto in these specifications, the Standard Specifications, or the Plans. In case of conflict between the Standard Specifications and these following provisions, these provisions shall take precedence over and be used in lieu of such conflicting portions. It is the intent of this contract to obtain a fmished, workmanlike job, complete in place. The order of precedence is as follows: Plans Special Provisions Standard Details/Standard Plans Standards Specifications SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. The list of subcontractors shall also set forth the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In accordance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. SECTION 3. A W ARD/EXECUTION OF CONTRACT 3-1.01 AWARDOFCONTRACT Section 3-1.01, "Award of Contract," of the Standard Specifications is amended to read: The right is reserved to reject any and all proposals. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 30 days after the opening of the proposals. This period will be subject to extension for such further period as may be agreed upon in writing between the Department and the bidder concerned. All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done. The Town reserves the right to make such alterations, deviations, additions to or deletions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of work or to delete any item or portion of work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper construction of the whole work contemplated. S:\ADMINISTRATION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 7 SECTION 4. BEGINNING OF WORK. TIME OF COMPLETION AND LIOUIDATED DAMAGES Attention is directed to the provisions in Section 8-1.03, "Beginning of Work, " in Section 8-1.06, "Time of Completion," and in Section 8-1.07, "Liquidated Damages," of the Standard Specifications and these special provisions. ARCHAEOLOGICAL DISCOVERIES. All articles of archaeological interest which may be uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. The further operations of the Contractor with respect to the find will be decided under the direction of the Engineer. SECTION 5. GENERAL 5-1.1 LABOR NONDISCRIMINA nON Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REOUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE. SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.0 1 A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 5-1.2 PREVAILING WAGE Attention is directed to Section 7-1.0 1 A(2), "Prevailing Wage," of the Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available at the Labor Compliance Office at the offices of the District Director of Transportation for the district in which the work is situated. These wage rates are not included in the Proposal and Contract for the project. Changes, if any, to the general prevailing wage rates will be available at the same location. 5-1.3 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and S:\ADMINISTRA TION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06. DOC Page 8 the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays," of the Standard Specifications. Removal and disposal of yellow pavement markings, legends and stripes shall be according to applicable local, State, and Federal law. 5-1.4 SUBCONTRACTING Attention is directed to the provisions in Section 8-1.01, "Subcontracting," and Section 2, "Proposal Requirements and Conditions," and Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. of debarred contractors is available from the Department of Industrial Relations web http://www.dir.ca.gov/dir/Labor _law/DLSE/Debar.html. and This list site at 5-1.5 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.6 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract," of the Standard Specifications. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 5-1.7 PAYMENTS Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions. For the purpose of making partial payments pursuant to Section 9-1.06, "Partial Payments," of the Standard Specifications, the amount set forth for the contract items of work listed in the contract bid schedule shall be deemed to be the maximum value of the contract item of work which will be recognized for progress payment purposes. After acceptance of the contract pursuant to the provisions in Section 7-1.11, "Acceptance of Contract," of the Standard Specifications, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes listed for the item, will be included for payment in the first estimate made after acceptance of the contract. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. SECTION 6. (BLANK) SECTION 7. INSURANCE REOUIREMENTS 7-1.01 CONTRACTOR'S LIABILITY INSURANCE S:\ADMINISTRATION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 9 Contractor shall provide and maintain insurance as set forth in this Article on behalf of the Town ofTiburon ("Town"). 7-1.01.1 Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No. CGOOOlll 85 or 88. Policy limits shall be no less than one million dollars per occurrence for all coverages and two million dollars general aggregate. Town and its employees and agents shall be added as additional insured using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990). Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to Town or any employee or agent of Town. 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. 7-1.01.2 Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a "drop down" provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor's limitation endorsement. Policy limits shall be not less than five million dollars per occurrence and in the aggregate, above any limits required in the underlying policies. The policy shall have starting and ending dates concurrent with the underlying coverages. 7-1.01.3 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. 7 -1.01.4 Workers' CompensationlEmployer'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 Town, its employees or agents. 7-1.01.5 Contractor and Town further agree as follows: .1 This Section supersedes all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. .2 The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Contract and shall be interpreted as such. .3 All insurance coverage and limits provided pursUant to this Contract shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Contract or any other contract relating to the Town or its operations limits the application of such insurance coverage. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Contract. .4 For purposes of insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance or towards, performance of this Contract. .5 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 S:\ADMINISTRATION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 10 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. .6 All general or auto liability insurance coverage provided pursuant to this Contract, or any other contract pertaining to the performance of this Contract, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against Town. .7 Unless otherwise approved by Town, Contractor's insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best's" Insurance Guide rating of"A:VII." Self-insurance will not be considered to comply with these insurance specifications. .8 In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Contractor. .9 Contractor agrees to provide evidence of the insurance required herein, satisfactory to Town, 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 20 10 11 85 prior to commencing work under this Concrete. 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 "endeavor" with regard to any notice provisions. .10 Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages. .11 Any actual or alleged failure on the part of the Town or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of Town or any additional insured, in this or any other regard. .12 Contractor agrees to require all subcontractors or other parties hired for this project to purchase and maintain insurance of the type specified above naming as additional insureds all parties to this Contract. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of Town, will reserve the right to charge back to Town the cost of insurance required by this Contract. Contractor agrees that upon request,'all agreements with subcontractors or others with whom Contractor contracts with on behalf of Town, and all certificates of insurance obtained in compliance with this paragraph will be submitted to Town for review. Failure of Town to request copies of such documents will not impose any liability on Town, or its employees. .13 Contractor agrees to provide immediate notice to Town of any claim or loss against Contractor that includes Town as a defendant. Town assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve Town. .14 In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor agrees to be personally responsible for any an all losses, claims, suits, S:\ADMINISTRATlON\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 11 damages, defense obligations and liability of any kind attributed to Town, or Town's employees as a result of such failure. .15 Coverage will not be limited to the specific location or individual or entity designated as the address of the Project. .16 Contractor agrees not to attempt to avoid its defense and indemnity obligations to Town and its employees, agents, officials and servants by using as a defense Contractor's statutory immunity under workers' compensation and similar statutes. .17 Contractor agrees to require all parties or subcontractors, including Engineers or others, with which it enters into contracts or hires pursuant to or related in any way with the performance of this Contract, to provide insurance covering the operations contracted for and naming as additional insureds all parties to this Contract. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required here. Contractor agrees that no contract, standard form or otherwise, used by any party in any way connected with this Contract, or contracts Contractor enters into on behalf of Town, will reserve the right to charge back to Town the cost of insurance required by this or any other contract. .18 Contractor agrees to have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which Contractor conducts operations of any type on behalf ofT own. Contractor warrants these limits will not be reduced or exhausted except for losses attributable to those specific locations and not by losses attributable to any other operations of Contractor. .19 Contractor agrees to 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 Town or between Town and any other insured or Named Insured under the policy, or between Town and any party associated with Town or its employees. .20 For purposes of insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Contract. .21 Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of Town, will be submitted to Town for review. Contractor acknowledges that such contracts or agreements may require modification if the insurance requirements do not reflect the requirements herein. Failure of Town to request copies of such agreements will not impose any liability on Town, or its employees. .22 If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents, and other persons necessary or incidental to its operations are insureds. .23 Contractor shall maintain commercial general liability, and ifnecessary, commercial umbrella liability insurance with a limit of not less than five million dollars each occurrence for at least three years following substantial completion of the work. 7-1.02 OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: S:\ADMINISTRATION\STAFF FOLDERS\ADANFORlH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 12 .1 General Liability and Automobile Liability Coverages a. The Town, its officials, employees, agents and contractors, and Town's Engineer are 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 Town, its officials, employees, agents, the Engineer, and contractors. b. The Contractor's insurance coverage shall be primary insurance as respects the Town, and/or the Tiburon Redevelopment Agency, its officials, employees, agents, and the Engineer. Any insurance or self-insurance maintained by the Town, its officials, employees, agents, contractors, or Engineer shall be excess of the Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officials, employees, agents, or contractors. d. 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. .2 All coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. 7-1.03 ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers acceptable to the Town Manager. 7-1.04 VERIFICATION OF COVERAGE Contractor shall furnish the Town with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Proof of Insurance shall then be mailed to: Town of Tiburon Town Attorney 1505 Tiburon Boulevard Tiburon, California 94920 7-1.05 SUBCONTRACTORS Contractor shall include all subcontractors as insureds under its oolicies or shall obtain seoarate certificates and endorsements for each subcontractor. S:\ADMINISTRATION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 13 SECTION 8. MATERIALS 8-1.01 GENERAL Attention is directed to Section 6, "Control of Materials," of the Standard Specifications and these Special Provisions. 8-1.02 MATERIAL In lieu of the provisions in Standard Specifications Section 6-1.02, "State Furnished Materials," the Contractor will be required to furnish all construction signs. Construction signs shall be installed in accordance with "State of California Manual of Traffic Controls for Construction and Maintenance and Work Zones," 1990 Ed, by CAL TRANS. See Section 10-1.06. The bidder's attention is directed to Section 10-1.06 "SIGNS & TRAFFIC CONTROL" for details of sign requirements. 8-1.03 STORAGE OF EQUIPMENT AND MATERIALS In general, no storage areas are available, however possible areas may be arranged with the Engineer. Limited storage may be available adjacent to the work site. All materials removed as part of the work (Le. broken concrete, etc.) shall be immediately removed from the job site, and no temporary storage will be permitted on-site. To the fullest extent possible, materials to be used for the new work shall be delivered on the day they are to be used. SECTION 9. DESCRIPTION OF WORK The work to be performed under this contract consists of removal of existing facilities, site preparation, installing new drainage facilities, installation of play structures, placement of rubber poured-in-place playground surfacing, new fence construction and related work. The work may require construction area signs, traffic control, acquiring encroachment permits, and other miscellaneous items not mentioned above that are required by the plans, the Standard Specifications or these Special Provisions to be performed, placed, constructed or installed. SECTION 10. TECHNICAL PROVISIONS 10-1.01 GENERAL The Contractor shall take all reasonable precautions to restrict operations to the least area of work possible and shall not disturb private property beyond the areas of work. 10-1.02 ORDER OF WORK AND PROGRESS SCHEDULE Attention is directed to Section 5-1.05 "Order of Work" of the Standard Specifications and these Special Provisions. The Contractor shall prepare and submit a work plan and progress schedule in accordance with Section 8-1.04 "Progress Schedule" of the Standard Specifications and in a form provided by, or acceptable to, the Engineer and shall also prepare and submit a Traffic Control Plan. $:\ADMINISTRA llON\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 14 The above items shall clearly disclose the contractors proposed procedures and methods of operation, including identifYing any special equipment intended for use on the project and his method of handling traffic. The Contractor shall allow five (5) working days for review and approval of each of these items by the Engineer, which will be counted concurrently if all items are submitted simultaneously. No work may begin under contract until the Town Engineer has approved the Progress Schedule. Time required for review and approval of these items shall not constitute a basis for time extension. 10-1.03 EXISTING FACILITIES/COOPERATION Attention is directed to Sections 7-1.14 "Cooperation" and 8-1.10 "Utility and Non-Highway Facilities" of the Standard Specifications. It is not the intent of the plans to show the exact location of existing or relocated utilities, and the Engineer assumes no responsibility therefor. Whenever any such utilities are indicated thereon. the Contractor shall be responsible for verifYing their actual location and depth in the field. Where excavation deeper than eight inches is contemplated, the Contractor shall notify Underground Service Alert at (800) 227-2600 prior to excavation. The Contractor shall be cognizant of the existing utility lines in the proximity of the work area and take precautions, as necessary, to not disturb these facilities. Where excavations are performed in the vicinity of underground utility mains and/or services the Contractor shall, as necessary, perform initial exploratory excavations to determine their exact depth and location. Extreme care shall be exercised to avoid damage, and it will be the Contractor's responsibility to have repairs made to existing facilities at his/her expense in the event of damage. Full compensation for complying with the above provisions shall be considered as included in the contract price for the various bid items and no separate payment will be made. 10-1.04 PRESERVATION OF PROPERTY Attention is directed to the provisions in Section 7-1.11, "Preservation of Property," of the Standard Specifications and these Special Provisions. The Contractor will make a thorough investigation of the job site and size equipment accordingly. The Contractor shall select equipment to avoid damaging existing facilities, which include, but are not limited to: street paving, traffic controls, sidewalks, curbs and gutters, etc. The Contractor at no cost to the Town shall restore any damage caused by oversized equipment. ' Specifically, equipment that has manufacturers' listed operating weight as heavy or heavier than the following equipment shall be prohibited from use on the project. (a) Caterpillar 900 series loaders (Le., 910F, 930, etc.) or equivalent articulated loader by any other manufacturers. Full compensation for complying with the above provisions shall be considered as included in the contract price for the various bid items and no separate payment will be made. S:\ADMINISTRATION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 15 10-1.05 MOBILIZATION Mobilization shall conform to the provisions in Section 11, "Mobilization," of the Standard Specifications, and as provided herein. Mobilization shall include satisfactory completion of the following tasks in accordance with Sections 1 through 9 of the project specifications. 1. The Contract has been signed by the Town and the Contractor. 2. Completion of all tasks and submittal of all documents (bonds, insurance, schedule, etc.) required as conditions of issuing the Notice to Proceed. 3. Issuance of the Notice to Proceed. 4. Pre-Construction Meeting. 5. Documentation of Existing Conditions for the subject site, ifrequired, in accordance with Section 10- 1.07 herein. 6. Construction staking at the subject site as applicable. 7. Obtain all necessary licenses. 8. Obtain all necessary permits. 9. Beginning work on the project or at the subject site as applicable. Mobilization shall not exceed five percent of the total construction costs and will be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved in mobilization, as specified herein, and no additional allowance will be made therefor. 10-1.06 TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS Description: A traffic control and construction area signs system shall consist of closing traffic lanes in accordance with the provisions of Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications, the provisions und~r "Maintaining Traffic" and these Special Provisions. The provisions in this section will not relieve the Contractor from his respo~ibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," ofthe Standard Specifications. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right of way. MAINTAINING TRAFFIC. Attention is directed to Sections 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and S:\ADMINISTRATlON\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 16 12, "Construction Area Traffic Control Devices," of the Standard Specifications and to the Section entitled "Public Safety" elsewhere in these Special Provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.09. Personal vehicles of the Contractor's employees shall not be parked on the paved shoulders or the traveled way, including any section closed to public traffic. The Contractor shall notify local authorities of his intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. The Contractor shall conduct all operations with the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be completed within a workday with due regards to the rights of the public. To protect the right of abutting property owners, the Contractor shall conduct the construction so that the least inconvenience as possible is caused to abutting property owners. The Contractor shall be responsible for providing adequate safeguards, safety devices, protective equipment, and any other needed actions to protect life, health, and safety of the public, and to protect property in connection with the performance of the work covered by the contract. The Contractor shall perform any measures or actions the Town or the Engineer may deem necessary to protect the public and property. The Town of Tiburon holidays are as follows: January 1 (New Year's Day) The third Monday in January (Observance of King's birthday) February 18 (President's Day) The last Monday in May (Observance of Memorial Day) July 4 (Independence Day) The first Monday in September (Labor Day) November 11 (Veteran's Day) The fourth Thursday in November (Thanksgiving) The Friday after Thanksgiving December 25 (Christmas Day) December 31 (New Year's Eve Day) When a holiday falls on Saturday, the preceding Friday shall be observed. When a holiday falls on Sunday, the following Monday shall be observed. When December 25 falls on Saturday, Friday, December 24, shall be observed as the Christmas holiday and Thursday, December 23, shall be observed as the Christmas Eve holiday. When December 25 falls on Sunday, both Friday and Monday shall be observed as holidays. When December 25 falls on Monday, Monday shall be observed as the Christmas holiday and December 22 shall be observed as the Christmas Eve holiday. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order. Davs and hours of work: The contractor shall limit his work, including warming up and servicing equipment, receiving deliveries and other related work to Monday through Friday from 8 :00 AM to 5 :00 PM. Except that no work shall occur on Town of Tiburon holidays as defmed elsewhere in these Special Provisions. 10-1.07 DOCUMENTATION OF EXISTING CONDITIONS (OPTIONAL).--It is recommendedthatjustprior(IO working days maximum) to beginning work at the subject site, the contractor photograph and videotape in sufficient detail S:\ADMINISTRATlON\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 17 to show each area of the project site, including but not limited to the proposed alignment, staging areas, routes of ingress and egress for hauling and delivering on private property etc., and all other areas that the contractor believes are appropriate. 10-1.08 EXISTING F ACILITIES.- The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these Special Provisions. The work covered by this section shall include: 1. Removal of existing concrete in accordance with Section 15-3 "Removing Concrete" of the Standard Specifications. 2. Removal of fencing, walls, or other facilities as required for construction of proposed improvements. P A YMENT.--Full compensation for removing existing structures or portions of existing structures and removing existing pipes as described in this section shall be considered as included in the contract unit price paid for various other items of work and no separate payment shall be made therefor. 10-1.09 Not used. 10-1.10 Not used. 10-1.11 Not Used. 10-1.12 CLEARING AND GRUBBING.--Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these Special Provisions. Vegetation, including tree removal, shall be cleared and grubbed within the excavation and embankment slope lines, and as shown or noted on the plans. All existing vegetation, outside the areas to be cleared and grubbed, shall be protected from injury or damage resulting from the Contractor's operations. PAYMENT.--Full compensation for clearing and grubbing, including tree removal as shown on the plans, shall be considered as included in the contract price paid for various other items of work, and no separate payment will be made therefor. 10-1.13 UTILITY EARTHWORK.--Earthwork for construction of underground utility pipelines and structures shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications and these Special Provisions. Structure excavation and backfill shall conform to Section 19-3 "Structure Excavation and Backfill" of the Standard Specifications. Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the street right-of-way and water, sewer, or storm drain easements in accordance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right-of-Way," of the Standard Specifications. No excavated material will be allowed to be stockpiled overnight in or adjacent to public right-of-ways. 10-1.13.1 EXCA V ATION.--Excavation for storm drains, and appurtenant structures shall be made only after the material to be used in the work is delivered to the job site. Trench walls within 10 feet of paved areas shall be shored and vertical; sloped or v- ditch trenching is not allowed. Any trench wall within 10 feet of any above ground structure shall be continuously shored and braced. If trench walls start to cave in, work shall stop until the caved-in area is repaired and measures are taken to prevent further caving in. In public street areas, excavation and pipe laying shall be coordinated so that a minimum of interference with public traffic will occur. All work in city, county, or state rights-of-way shall be performed consistent with the approval required to be received from the agency havingjurisdiction over the right-of-way. The construction shall be plugged at the end of each day to keep out any foreign matter while maintaining flows. At the S:\ADMINISTRATlON\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 18 end of each work day or shift, the Contractor shall provide temporary piping to convey storm drain flows. The capacity of this piping shall be no less than the capacity of the existing storm drain. The cost of this piping shall be included in the unit price for the various other bid items and no separate payment will be made therefore. Unless otherwise provided for in these specifications, the excavation may not be left without backfill during non-working hours except with prior written approval from the Engineer. Excavations left without backfill shall be barricaded and covered or otherwise protected to ensure public safety. Excavations left open after working hours shall be covered with steel plates so as not to present a hazard to the public or animals in the area, and shall be limited to structure excavations or 50 feet of steel plate at the working end of the trench, and shall conform to the general provisions and the requirements for bridging of excavations below. Control of Line and Grade: All pipe shall be laid to conform to the prescribed line and grade as shown on the plans except as such adjustments are ordered by the Engineer to maintain minimum cover requirements. Each pipe length shall be checked to ensure conformance to the grade line which the Contractor establishes from the grade stakes. Alternate use of commercial LASER grade setting systems in lieu of string lines specified herein are acceptable when the following requirements and conditions are met: The Contractor shall have the responsibility of providing an instrument operator who is qualified and trained in the operation of the LASER and said operator must adhere to the provisions of the State of California Construction Safety Orders issued by the Division of Industrial Safety. Attention is particularly directed to Sections 1516, and 1800 through 1801, of said Orders for applicable requirements. All LASER control points shall be established bench marks or construction off-set stakes identified on cut sheets and set in the field for the work. LASER set up points shall be on these control points or on points set directly from them by instrument. Tree Roots: Major roots (four [4] inches or greater in diameter) encountered in the course of excavation shall be exposed but not severed, and they shall be wrapped in burlap as a protective measure while exposed. Roots (two [2] to four [4] inches in diameter) that are severed in the course of excavation shall be neatly trimmed and coated with a heavy coat of an approved tree seal. 10-1.13.2 Not Used. 10-1.13.3 DEWATERING -- All water encountered in excavations shall be disposed of by the Contractor in such manner as will not damage public or private property or create a nuisance or health menace. The Contractor shall furnish, install, and operate pumps, pipes, appliances, and equipment of sufficient capacity to keep all excavations and accesses free from water until the excavation is backfilled, unless otherwise authorized by the Project Inspector. The Contractor shall provide all means of facilities necessary to conduct water to the pumps. Water, if odorless and stable, may be discharged into an existing storm drain, channel, or street gutter in a manner approved by the Project Inspector. Environmental permit requirements require that a means shall be provided for desilting the water before discharging it. 10-1.13.4 BEDDING AND BACKFILL.-- The Contractor at all times shall employ whatever pumping is necessary to control the ground water in the trench so that all pipe laying, and concrete work for structure foundations, will be "in the dry". All culverts, pipelines, and structures, which are constructed or installed under these contract documents, shall be bedded and backfilled as shown on the project plans and as described below: A. Bedding Material. Bedding Material shall meet all the requirements for Class 2 Aggregate Base (3/4" maximum) as specified in Section 26-1.02 of the State Standard Specifications. All pipe installed over unsuitable soil shall be bedded on twelve(l2) inches minimum of permeable bedding material wrapped in an envelope of filter fabric. S:\ADMINISTRATlON\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 19 1. Filter Fabric. Filter fabric used with trench bedding or backfill shall conform to the requirements of Section 88-1.03 (Edge Drains) of the State Standard Specifications. 2. Permeable Bedding. Permeable bedding material shall meet all of the size and quality requirements of Section 68-1.025 Permeable Material, Class I, Type A of the State Specifications. No material shall be used as permeable bedding unless it has been approved by the Engineer. B. Backfill Material. 1. For work within the paved traffic areas, backfill material shall meet all the requirements for Class 2 Aggregate Base (3/4 inch maximum) as specified in Section 26-1.02 of the State Standard Specification. 2. F or work outside of the vehicle traffic areas, native material reclaimed from the excavation may be used as backfill. C. Structural Backfill shall meet the requirements for Class 2 Aggregate Base (3/4" maximtUIl) as specified in Section 26-1.02 of the State Standard Specifications, unless otherwise noted or detailed in the Contract Documents. 10-1.13.5 AGGREGATE BASE.-Aggregate base (AB) shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications. P A YMENT.--Full compensation for installing aggregate base as specified herein shall be included in the various other contract items of work, and no separate payment will be made therefor. 10-1.13.6 Not Used. 10-1.13.7 EXPLOSIVES AND BLASTING.--Blasting will not be permitted. 10-1.13.8 MECHANICALLY COMPACTED BACKFILL.--Backfill shall be mechanically compacted by means of tamping rollers, sheepsfoot rollers, pneumatic tire roller, vibrating rollers, or other mechanical tampers. All such equipment shall be of a size and type approved by the Project Inspector. Impact-type pavement breakers (stompers) will not be permitted. Permission to use specific compaction equipment shall not be construed as guaranteeing or implying that the use of such equipment will not result in damage to adjacent ground, existing improvements, or improvements installed under the Contract. The Contractor shall make its own determination in this regard. Material for mechanically compacted backfill shall be placed in lifts which, prior to compaction, shall not exceed the thickness specified below for the various types of equipment: I) Vibratory equipment, including vibratory plates, vibratory smooth-wheel rollers, and vibratory pneumatic-tired rollers--maximum lift thickness of 12 inches. 2) Rolling equipment, including sheepsfoot (both vibratory and nonvibratory), grid, smooth-wheel (nonvibratory), pneumatic-tired (nonvibratory), and segmented wheels--maximum lift thickness of 1 foot. 3) Hand-directed mechanical tampers--maximum lift thickness of8 inches. S:\ADMINISTRATION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 20 Mechanically compacted backfill shall be placed in horizontal layers of thickness (not exceeding those specified above, unless approved by the Engineer) compatible to the material being placed and the type of equipment being used. Each layer shall be evenly spread, moistened (or dried, if necessary) and then tampered or rolled until the specified relative compaction has been attained. Under no circumstances will jetting be allowed. Testing for relative compaction shall be performed by the Contractor as outlined in Section 6-3 "Testing" in the Standard Specifications. At least two tests will be performed for each run of new pipe construction between manholes. Relative compaction will be determined by Test Method No. California 216 or Test Method No. California 231, in accordance with section 6-3 of the State Standard Specifications and these Special Provisions. The test method to be used will be determined by the Engineer at the beginning of the project and will not be changed during the progress of the work. Relative compaction of trench backfill materials shall conform to the requirements shown on the plans and shall be done concurrently with pipe installation and placement of backfill materials. In unpaved areas backfill shall match to existing ground grade. 10-1.13.9 GEOTECHNICAL REPORT AND BORING LOGS -- Subsoil investigations have not been conducted for this project. 10-1.13.10 MEASUREMENT AND PAYMENT -- Full compensation for all labor, materials, equipment, and incidentals for Utility Earthwork including excavation, control of line and grade; bridging of excavations; dewatering; bedding and backfill; aggregate base, temporary pavement; mechanical compacted backfill, and removal of aggregate base to the depth of the final A.C. pavement before final paving shall be considered as included in the contract unit price paid for various other bid items and no additional compensation will be allowed therefor. 10-1.14 Not Used. 10-1.15 Not Used. 10-1.16 PORTLAND CEMENT CONCRETE 10-1.16.1 PORTLAND CEMENT.-Portland Cement Concrete shall conform to the requirements of Section 90, "Portland Cement Concrete", of the Standard Specifications for Type IT Modified (see Amendments to July 2002 Standard Specifications issued March 12, 2002). This type of cement shall be required for all concrete pipes and for all other concrete drainage structures, including curbs and gutters. Calcium Chloride admixture shall not be permitted in either reinforced concrete pipe or concrete, minor structure. 10-1.16.2 REINFORCEMENT.-Bar reinforcing steel and welded wire fabric shall conform to the provisions in Section 52, "Reinforcement," of the Standard Specifications and these Special Provisions. Payment for reinforcement shall be included in the various items requiring reinforcement and no additional compensation will be made therefore. 10-1.16.3 MINOR CONCRETE--Unless otherwise noted on the plans, minor concrete includes the following items to be removed and/or constructed as detailed on the plans and as specified herein: 1. Concrete aprons 2. Drain inlets or catch basins 3. Standard gutter depressions and transitions 5. Reconstructed concrete drainage inlet Curb and gutter, walkway, and sidewalk shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifications, these Special Provisions, and the plan details. S:\ADMINISTRA TION\STAFF FOLDERS\ADANFORTH\PUBllC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 21 Removal of existing concrete shall be in accordance with Section 10-1.09, "Remove Portland Cement Concrete." Concrete Pavement shall be constructed as shown, noted and detailed on the plans. MEASUREMENT AND P A YMENT.-- The contract unit price paid per square foot for Construct PCC Sidewalk and Remove and Replace PCC Walkway shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing minor concrete, complete in place, as shown on the plans, as specified in these specifications and as directed by the Engineer. 10-1.16.4 CONCRETE STRUCTURES.-Portland cement concrete structures shall conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these Special Provisions. 10-1.17 STORM DRAIN CULVERTS A. Collars and Connections. Connection of culverts to structures or other culverts shall be watertight and shall be made in accordance with the plan details. Where ends of pipes are to be connected by a collar, the connection shall be made in accordance with APW A Standard Plan 380-1. B. Upsizing Pipe. The Contractor at his option may provide pipe with larger dimensions than shown in the Contract Documents. Should the Contractor opt to use larger culvert than specified, any additional direct or indirect cost caused by the larger culvert size shall be borne by the Contractor. Such additional indirect cost may include backfill and paving material, or cost and delays for resolution of conflicts with existing utilities. 10-1.17.1 Not Used. 10-1.17.2 PLASTIC STORM DRAIN CULVERT A. Where shown or noted on the drawings, plastic pipe will be permitted for use in construction of storm drain culverts. Plastic pipe shall be in conformance with Section 64 of the State Standard Specifications and these specifications. Pipe shall have a smooth interior wall. B. Where the plans call for direct buried storm drain to be polyethylene (PE or HDPE), pipe shall be polyethylene or other plastic storm drain culvert in accordance with this section. C. Joints for plastic storm drain pipe shall incorporate a neoprene rubber gasketed seal and shall meet the minimum requirements for "watertight" (4.3 PSI for 10 minutes) and "positive" as described in Section 61- 1.02, "Performance Requirements for Culvert and Drainage Pipe Joints" of the State Standard Specifications. D. Curved alignment where shown on the plan shall be accomplished by special fittings, deflection of joints and bending of pipe. Where the curve radius is less than recommended by the manufacturer, the Contractor may increase the number of joints (shorter segments) to decrease the allowable radius or use bend fittings to achieve the deflection as shown on the plans. Bend fittings for plastic storm drain pipe shall be factory made by the pipe manufacturer and shall be of the same material and joint requirements as the pipe, and shall be custom made for non-standard bend deflections. The maximum allowable deflection between structures, and for anyone-bend fitting, shall be 25 degrees. TESTING OF PLASTIC STORM DRAIN PIPE.-General: All tests shall be completed and approved prior to placing of permanent resurfacing. Air Test or Hydrostatic Testing: Air test or hydrostatic testing will not be required on this project. S:\ADMINISTRATION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 22 Television Inspection: After completion of construction of the pipeline and prior to final pavement restoration, the Contractor shall inspect the new pipeline for obstructions and shall clean the new line using the Wayne sewer ball method or other approved method. The Contractor shall inspect the new line by television camera. Television inspection shall be witnessed by the Construction Manager and shall be performed by a television inspection firm acceptable to the Construction Manager. The costs for such television inspection of the line shall be included in the cost for installation of the sewer line and no additional payment will be made therefor. After completion of television inspection, Contractor shall submit TV logs and video tapes to the Inspector for review. The submitted tapes shall be in color and VHS format. MEASUREMENT AND P A YMENT.- The contract unit price paid for storm drain culvert includes all labor, materials, and incidentals for excavation; bridging of excavations; dewatering; repair of existing utilities damaged in the excavation; removal of existing abandoned utilities in the trench, connections to structures, connections to other culverts, or connections of other culverts, bedding and backfill; aggregate base, temporary pavement, final pavement; surface restoration to pre-construction, or better, condition; mechanical compacted backfill testing and removal of aggregate base to the depth of the final A.C. pavement before fmal paving. Full compensation for all labor, materials, and incidentals for plastic (HDPE) and reinforced concrete pipe (RCP) storm drain pipe sections will be paid for per linear foot of pipe installed, measured along the centerline of the pipe from outside edge of manhole or structure to outside edge of manhole or structure, including connections to structures (e.g. concrete collar), connections to other culverts, or connections of other culverts, and all related items of work necessmy to construct plastic pipe. Note that drawings show pipe footage from centerline of structures to centerline of structures. Footage inside structures will not be paid for under this unit price item. Also included in the unit price paid are all fittings, deflection fittings, flared end sections, all labor, materials, and incidentals for excavation; bridging of excavations; dewatering; repair of existing utilities damaged in the excavation; removal of existing abandoned utilities within the trench; bedding and backfill; aggregate base, temporary pavement, final pavement; gravel surfacing; mechanical compacted backfill testing and removal of aggregate base to the depth of the final A.C. pavement before final paving. 10-1.18 STORM DRAIN STRUCTURES Storm drain underground structures and/or structure frames and covers shall be installed as shown or noted on the plans with reference to the following details: Type B Catch Basin Marin County Standard Dwg. No. 221 Type A Manhole Marin County Standard Dwg. No. 202 Manhole Frame and Cover Marin County Standard Dwg. No. 210 10-1.18.1 Not Used. 10-1.18.2 Not Used. 10-1.18.3 DRAINAGE INLET--Drainage inlets or catch basins shall be installed as shown, noted and detailed on the plans and described herein. 10-1.18.4 MEASUREMENT AND PAYMENT Measurement of storm drain structures shall be in the number of each installed. Payment for storm drain manholes includes all costs for the required manhole including precast manhole sections, top slab and base section concrete, miscellaneous metals, reinforcing, excavation, backfilling according to the requirements for backfilling against structures, gasket and mastic materials, removal of pavement and repaving as required above with no additional compensation therefor. S:\ADMINISTRA TION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 23 Payment for catch basins shall include all costs for the structure including the specified base, precast sections, miscellaneous metals, reinforcing, concrete, frame, grate, covers, depressed gutter, excavation, backfill, temporary pavement and final paving all as shown, noted, detailed, directed and specified herein and no additional compensation will be allowed therefore. AC paving adjacent to storm drain catch basin shall be considered included in the contract price for Install Storm Drain Catch Basin, which price shall include full compensation for furnishing all labor, tools, materials, equipment, and incidentals, and doing all work associated with removing, regrading and replacing AC pavement and base material, for a depth of 6 inches, adjacent to storm drain inlet structures as specified, shown, noted or detailed in the contract documents and no additional payment will be made therefore. 10-1.19 MISCELLANEOUS METALS 10-1.19.1 MISCELLANEOUS IRON AND STEEL.--Miscellaneous iron and steel shall conform to the provisions in Section 75, "Miscellaneous Metal," of the Standard Specifications. 10-1.19.2 STORM DRAIN STRUCTURE FRAMES, GRATES AND COVERS.--SeeSection 10-1.18 "Storm Drain Structures. " 10-1.20 MISCELLANEOUS WOOD 10-1.20.1 REMOVE AND REPLACE WOOD FENCE AND GATES. -- Where shown or noted on the plans or as required for construction of proposed improvements, the Contractor, at his option may remove existing fences. Where existing fence has been removed (or damaged) by the Contractor, new fence shall be installed as detailed on the plans and specified herein. PAYMENT. --Removing, disposing and replacing of existing wood fence, as specified in this section shall be paid at the contract unit price per linear foot which price shall include full compensation for furnishing and installing wood fence and fence posts and concrete foundations, complete in place as specified herein. 10-1.21 Not Used. 10-1.22 STORMWATERPROTECTION The Contractor will provide labor, materials and equipment to provide Best Management Practices (BMPs) for the protection and prevention any material, other than stormwater, from entering stormwater conveyance facilities. The Contractor shall train all employees and inform subcontractors of stormwater protection requirements including but not limited to the following: 1) Spill Prevention and Control a. The CONTRACTOR shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site, and ensure that all employees know where these materials are and how to use them. b. The CONTRACTOR shall immediately contain and prevent leaks and spills from entering storm drains, and properly clean up and dispose of the waste and cleanup materials. c. The CONTRACTOR shall not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. d. The CONTRACTOR shall report any hazardous materials spill to the fire department. 2) Dewatering Operations a. Sediment Control S:\ADMINISTRATlON\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 24 i) The CONTRACTOR shall route water through a control measure, such as a sediment trap, sediment basin, or Baker tank, to remove settleable solids prior to discharge to the storm drain system. ii) Approval of the control measure shall be obtained in advance from the ENGINEER. iii) Filtration of the water following the control measure may be required on a case-by-case basis. iv) If the ENGINEER determines that the dewatering operation would not generate an appreciable amount of settleable solids, the control measure requirement in i) above may be waived. v) The CONTRACTOR shall reuse water for other needs, such as dust control or irrigation, to the maximum extent practicable. 3) Earthwork a. The CONTRACTOR shall maximize the control of erosion and sediment by using the BMPs for erosion and sedimentation in the RWQCB's Erosion and Sediment Control Field Manual. 4) Vehicle I Equipment Cleaning a. The CONTRACTOR shall not perform vehicle or equipment cleaning on-site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. b. The CONTRACTOR shall perform vehicle or equipment cleaning offsite, or onsite with water only, in a designated, bermed area that will not allow rinse water to run off-site or into streets, gutters, storm drains, or creeks. 5) Vehicle I Equipment Maintenance and Fueling a. The CONTRACTOR shall perform maintenance and fueling of vehicles or equipment in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. b. The CONTRACTOR shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured. c. The CONTRACTOR shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site. d. The CONTRACTOR shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, e. The CONTRACTOR shall not wash any spilled material into ~treets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. f. The CONTRACTOR shall report any spill of vehicle fluids to the Town ofTiburon. g. The CONTRACTOR shall inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made. h. The CONTRACTOR shall recycle waste oil and antifreeze. 1. The CONTRACTOR shall comply with local, State and Federal requirements for aboveground storage tanks. Payment: Full compensation for providing all labor, materials, tools, equipment and incidentals, and doing all work involed in Stormwater Protection, as described in this section shall be considered as included in the contract price for the various bid times of work, and no additional compensation shall be allowed therefor. 10-1.23 RUBBER POURED-IN-PLACE SURFACING The new tot lot shall utilize rubber poured-in-place surfacing as shown on the plans. Surfacing shall consist of Tot Turf (Standard Tan color) or approved equivalent surfacing material that conforms to California Integrated Waste Management Board (CIWMB) criteria for recycled tire content. Surfacing shall be three (3) inches thick and placed by a qualified installer. The following installer is deemed qualified: Robertson Industries Contact: David Adams Phone: 916-215-1916 S:\ADMINISTRATION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 25 FAX: 916-391-6154 Bidders proposing an alternate installer shall submit installer's qualifications to the Engineer for consideration. Prior to installation of the surfacing, installer shall submit Reliable Contractor Declaration CIWMB Form 168 for approval by CIWMB. Upon completion, installer shall also provide recycled content certification using CIWMB Form 74G- Tire. These forms are provided in the appendix of these specifications. S:\ADMINISTRATION\STAFF FOLDERS\ADANFORTH\PUBLIC WORKS\AGREEMENTS\TOT LOT CONTRACT DOCS., 2-06.DOC Page 26 ;--rom: Betty Owens At: InterWest Ins. Servo Inc. Fa)(ID: InterWest Insurance To: Christian \ elasquez Date: 2/22/2006 04:54 PM Page: 2 of .' ACORD.. CERTIFICATE OF LIABILITY INS URANCE OP 10 :B9 DATE (MMIDDfYYYY) COMM-09 02/22/06 PRODUCER THISC ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION InterWest Insurance Services ONLY J NO CONFERS NO RIGHTS UPON THE CERTIFICATE Capitol Division HOLDE R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. :Box 255188 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Sacramento CA 95865-5188 Phone: 916-488-3100 Fax:916-488-3492 INSUREFi 5 AFFORDING COVERAGE NAIC# INSURED INSURER A Zenith Insurance Company INSURER B Rationwide Mutual Ins COMpany community Platgrounds INSURER C Aspen specialty Ins. Co 1620 Grantg S e 5 INSURER D Novato CA 4945 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P~LlCY PERIOD INDICATED. NOTWITHSTA~IDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAiN, THE II\ISURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER ~S EXCLUSIONS AND COI\JDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA,IMS II~~R ~SR[ TYPE OF INSURANCE POLICY NUMBER t'D~~~{ri~jt~r f!;'t '8kt1l (~~b'D'NYl'"i LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - c X X COMMERCIAL GEI\JERAL LIABILITY GL003095 08/14/ 05 08/14/06 U;'\MA\.:>t: I U 1-(1::1\11 I::U $ 50,000 PREMISES (Ea occul'ence) - :J CLAIMS MADE ~ OCCUR - Iv1ED EXP (AllY olle pel-SOil) $ Excl uded PERSONAL & ADV INJURY $1,000,000 - GENERAL AGGREGATE $ 2 ,000 ,000 - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 -:-l n PRO- nLOC X POLICY JECT AUTOMOBILE LIABILITY COMBIi\JED SI~IGLE LIMIT - $ 1000000 :B X X NN I\UT 0 ACP7801928320 08/14/ 05 08/14/06 (Ea accident) - ALL OWNED AUTOS BODIL Y II\JJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODIL Y INJURY - $ NON-OWNED AUTOS (Per accident) I--- rl I PROPERTY DAMAGE $ (Per aCCIdent) GARAGE LIABILITY ! AUTO ONL Y - EA ACCIDE~IT $ R AN'! AUTO I : I OTHER THA~I EA ACC $ ! AUTO ONL Y AGG $ EXCESS/UMBRELLA LIABILITY EA.CH OCCURRENCE $ o OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETEr~TION $ $ WORKERS COMPENSATION AND X IT~\l:~ifs I IOJ~ A EMPLOYERS' LIABILITY Z067729901 10/01/ 05 10/01/06 $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDE~IT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1000000 If yes, describe uncler EL. DISEASE - POLICY LIMIT $ 1000000 SPECIAL PROVISIONS Ilelow OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIALF ROVISIONS certificate holder (*see attached list) additional in ~ured as respects project:Renovation of South Knoll Park Tot Lot as per CG2010 1185 for Gen'l Liab & Auto Liability for.m 160156.Waiver of Subrogati bn applies as attached. Insurance is Primary. Evidence of Workers compensatio n coverage. 30 day notice of cancellation applies. CERTIFICATE HOLDER CANCEL ~A TION TOWN002 SHOULD ~ NY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Town Of Tiburon DATE THE REOF, THE ISSUING INSURER WILL E~AIL 30 DAYS WRITTEN - Attn: Dave Bernardi NOTICE T ~ THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAJXm:~mIHALL Interim Director/Public Works IMPOSE N b OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1155 Tiburon :Blvd Tiburon CA 94920 REPRESE ~TATIVES. AUTHU o;;!7j:1E 6 ACORD 25 (2001/08) @ ACORD CORPORATION 1988 From: Betty Owens At: InterWest Ins. Servo Inc FaxlD: InterWest Insurance To: Christian Velasquez Date: 2/2212006 04:54 PM Page: 3 of 6 *The Town, its Officers, Officials, Employees, Volunteers, Agents, Contractors and the Town's Engineer, Tiburon Redevelopment Agency, its officials, employees, agents and the Engineer, as respects contracted operations with the named insured. "=rom: Betty Owens At: InterWest Ins. Servo Inc. FaxlD: InterWest Insurance To: Christian Velasquez Date: 2/22/2006 04:54 PM Page: 4 of 6 POLICY NUMBER: GL003095 Aspen Speciality Insurance Company COMMERCIAL 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 Tiburon, it's Officers, Officials, Employees and Volunteers. Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period. (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 II) 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. Coverage provided by this policy to the Additionallnsured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additionallnsured(s) shall be excess and non-contributory, but only as respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named Insured and only if required of the Named Insured by written contract. CG 2010 11 85 Copyright, I nsurance Services Office, Inc. J 1984 Page 1 of 1 ~From: Betty Owens At: InterWest Ins. Servo Inc. FaxlD: InterWest Insurance To: Christian Velasquez Date: 2/22/2006 04:54 PM Page: 5 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM - Allied Insurance - ACP7801928320 GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name of Person or Organization: Town of Tiburon, its Officers, Officials, Enployees, and Volunteers. Description of Operations or Services: Renovation of existing park site, South of Knoll Park Tot Lot. Location: Tiburon Blvd % Trestle Glen Road, Town of Tiburon Description of Covered "Autos": Hired, Owned, Non-Owned (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The WHO IS AN INSURED provision under LIABILITY COVERAGE is changed to include as an "Insured" 1 . Your operations or services performed for that person or organization at the location shown in the Schedule; or 2. The ownership, maintenance or use of the covered "autos" described in the Schedule. A Person's or organization's status as an additional insured under this endorsement ends when: 1. Your operations or services performed for that person or organization are completed; or 2. That person's or organization's interest in the described "auto" ends. 160156 (2-98) Includes copyrighted material of Insurance SeNices Office, Inc., vvith its permission. Copyright, Insurance Services Office, Inc., 1984,1996 ;=rom: Betty Owens At: InterWest Ins. Servo Inc. FaxlD: InterWest InsLlrance To: Christian Velasquez Date: 2/22/2006 04:54 PM Page: 6 of 6 INSURED: Community Playgrounds POLICY NUMBER: GL003095 INSU RA NCE CO: Aspen Specialty Ins. Co COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Town of Tiburon, its Officers, Officials, Employees and Volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINS OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of paym ents we make for injury or damage arising out of your ongoing operations and included in the II products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright~ Insurance Services Office, Inc., 1992 o ORIGINAL ~@ AMER:8~~~o;~~~~~\~~~~L~sIA~~L~~~~J~o~~o~P ANY ~ Bond No. 284109 Premium: $ 1,540.00 Public Works - Performance KNOW ALL MEN BY THESE PRESENTS, That we, Community Playgrounds, Inc. 1620 Grant Ave. Ste. 5, Novato, CA 94945 , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto Town ofTiburon, 1505 Tiburon Blvd, Tiburon, CA 94920 , as Obligee, in the sum of Sixty One Thousand Six Hundred Thirteen 00/100------------------------------------------- Dollars ($ 61,613.00 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above-bounden Principal has entered into a contract dated with said Obligee to do and perform the following work, to wit: March 2006 South of Knoll tot lot renovation project NOW, THEREFORE, if the above-bounden Principal shall well and truly perform or cause to be performed, "the works under the contract," then this bond shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 27th day of February 2006 Principal AMERICAN CONTRACTORS INDEMNITY COMPANY By. ~!!::tr Attorney-in-Fact CALIFORNIA ALL-PU~POSE ACKNOWLEDGMENT ATTACHED HCCSZZ209B I 0/05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On Y / s-/ 08 before me, Andrew D Holzbaur, Notary Public Personally appeared C u-r.t- [,rJ Po. r D personally known to me /o~ved to lne on the basis of satisfactory evidence 8\ to be the person(s) whose name(s@re subscribed to the within instrument and acknowledged to me th~/she/they executed the same ~er/their authorized capacity(ies) and that b~er/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument WITNESS my hand and offic', 1 seal. \:). OPTIONAL INFORMATION DOCUMENT Title or Type of Document Date of Document Number of Pages Other Signer(s) SIGNER'S CLAIMED CAPACITY DIndividual D Other CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT t.~... - '~'..~~~~~~~~~~~~A:'P~~~~~~~~i 1 County of Sonoma } SS. State of California On 2/27/06 Date before me, Nancy L. Wa 11 i s, Notary Publ i c Name and Title of Officer (e.g., . Jane Doe, Nolary Public") personally appeared Cheryl Griggs Name(s) of Signer(s) 5a personally known to me D proved to me on the basis of satisfactory evidence J;; NANCYL. WAlliS" .~ ~)?!-:--~ j>\~~.';;;iJ\. Commission # 1502059 r "'i~~ll'(><V' . C I'f '0 ;;;; ~ I~(f;,:;~::~~~ : Notary Public - a I orm ~ L. .~t :~:,;'~.p Sonom~ counhd' J ~~A.'.l:~'~";;" My Comm. Expires Jut 23,2008 . ~~~~~~ to be the person(p1 whose name~ is/~ subscribed to the within instrument and acknowledged to me that ~she/~ executed the same in ~er/~ authorized capacity(i~, and that by ~er/~ signature~ on the instrument the person(~, or the entity upon behalf of which the person~ acted, executed the instrument. >1 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. >1 Description of Attached Document Title or Type of Document: Bond #284109 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General XJ Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top of thumb here > ~ Signer Is Representing: American Contractors lndemni ty Com any @ 1999 National Notary Association' 9350 De Solo Ave., P.O. Box 2402' ChalsVlorth, CA 91313.2402' wVlVI.nalionalnolary.org Prod. No. 5907 Reorder: Call TolI.Free 1-800.876.6827 ~@ AMERI~~~p;~~~~~~~=~O~~~~E~~~~~3~~~~ANY ~ Bond No. Premium: $ 284109 Public Works - Payment KNOW ALL MEN BY THESE PRESENTS, That we, Community Playgrounds, Inc. 1620 Grant Ave. Ste, 5, Novato, CA 94945 , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existinfi un~er the laws of the State of California, and authorized to transact a general surety business in the State of Ca IfomJa , as Surety, are held and firmly bound unto Town of Tiburon, 1505 Tiburon Blvd., Tiburon, CA 94920 , as Obligee, in the sum of Sixty One Thousand Six Hundred Thirteen 00/1 00------------------------------------------------ Dollars ($ 61,613,00 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above-bounden Principal has entered into a contract dated with said Obligee to do and perform the following work, to wit: March 2006 South of Knoll tot lot renovation project NOW, THEREFORE, if the above-bounden Principal shall faithfully pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such person or persons, or subcontractors, with materials and supplies for the carrying on of such work, then this bond shall be null and void; otherwise it shall remain in ful force and effect. Signed, sealed and dated this 27th day of February 2006 By American Contractors Indemnity Company Principal ~ery!br Attorney-in-Fact HCCSZZ811 B I 0/05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~~~~~~~~~~~~~~l I County of Sonoma } ss I 'I State of California On 2/27/06 Date before me, Nan cy L. Wa 11 i s , Not ar y p ubI i c Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared C h e r y 1 G rig g s 'I < Name(s) of Signer(s) ~ personally known to me o proved to me on the basis of satisfactory evidence )] l.....~~~....A.-~~ ~, /~~ NANCY L. WALlIS ~ J :S~:".~dA;~~ Commission # 1502059 r Zz \~~'-.:.o,~' ","~,.,"';;iJ Notary Public - California ~ .\ \.\, " "';vJ ); r~;:~~:'~ , Sonoma County - " c~: My Cornm, Expires Ju/23, 20,08 ~,' ""~"Q}~~~ to be the person(p1 whose name~ is/~ subscribed to the within instrument and acknowledged to me that ~she/~ executed the same in ~er/~ authorized capacity(i~, and that by iriS1her/~ signature~ on the instrument the person(~, or the entity upon behalf of which the person~ acted, executed the instrument. 'I )1 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ) I fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond # 284 1 09 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity{ies) Claimed by Signer Signer's Name: . Top of thumb here o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General KJ Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: American Contractors Indemni ty Com an @ 1999 National Notary Association' 9350 De Solo Ave., P.O Box 2402 ' Chalsworth, CA 91313.2402' www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1.800.876-6827 9841 Airport Blvd., 9th Floor Los Angeles, Californl~ ~004~ -- - ~ --~~- - ._-~ --- - --- -~~ - - --- -- ---~ - -- - - -- -- --- -- - ---- - ---- - -- -- ".'.'..1,...,....".,".:11.. ,'.'.,.,.,1".11',.".....'.',.." ...,..".~.!IIII~.I....I!:,'I,. .~..~~~~~~W~~lmN.J~"~ KNOW~ti MEN I 1I"I,'tHESE pgs=-~~~=~"c~ - ~ - :'~,:d' "\: ,', i ': I I,:, I i I!~ Ii ".1' _ _ -- ~- ":1, .',1", ",.~~='c=~ .=:; ~.=:~= "'=--=' = tra,",~:rs IncJllriWft1'e6mpany ii' :i':1 I':i!') -_..-.--- - ____u -~--- .--- - -- ----- - - -- -- -. ---- - __ _~ ___m _ ---- -- ------ - That American Co~ra~o~~ I_nd;~_~ty compa~~, ~I~ ~II 1 1 '1!lf~I' I' I ,I I! "I~ifo~ill, _ == =- ~~1iI cheryill~~ll ~ I" ~ ~brlgh ~':'~ ~'': ~=~~::-=~ ~~~~_ = .~=-_ 1'1'1 'IIIII!I' ,I ~~~"-,iS tiU~ lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, reco ~= -C=--" of mdemnity an" d" w".. ritings oblig""at"ory in the nature there.2f.", i..ssue~_.i!!:.~e. course'I:1 'I. l/t,I~'., ',I, 1,..),.11':, I, I to biM Amount not to exceed $ ****~~3~~0.00*-'*~ ~ml~ower 0' : '111,1 ire wi = 1~~~ ~ ~~~ ~!f=-==== ~;: ~~~ ~=3~~_~ .~ ~_-- I,!III:!I"I I, _ _ ~ _ = _~ ~""~~.o"'..'~.C-.~.r: ~~~7r..".t,e,..~."...,t...~,o,'-,:-...r"e..,.s,',',y"o...if...,s,.,:g,:..,..r..""",a.,n.'.',~.'.,tf.".:::.e~,-d......,..c.a.':..~s Signed an~~.."_"..."......e......."..,......a..... led by f~simil o..e..l,',MP,...~. '~.~,.I'I.,. ~~~ ~u:~~: ~:~~!:.~ ;-~ ~."c~ ~l'er, 1991~;!li:!I::I~I'1 ill ill!III~'il: ,llil.II!.i 111:1:: 1/' I !I!I'! . .. I;;.' .';llj:,'i III ,.=-~ .~ =- =_~:llilll "III! I'I!II 1:11 ''1''1 'I;II~IIII . = ii<~~ VED that I~~~ ~~~ "Ex ~~~lve Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Se~etary, shall ~e J!!P '_ ~ power and authority _ _ _ .. __ __ -=- ~ -- -==~= ~ ~ ~.~ ~-::: ; 1.t~~'~t~i(Jn beha~.I=-f#z;;/I~1m attachV = ,;;:;J ~ ~,pany ther~to:-~== 'I~~ I It un oc~ ',!'!tt~ obligato~ tliP:Wture thereoj and, 1\ ' I, ~ve. at any time. any ;"ch Attorney-in-Fact and revoke the authority given. "" ~~ ~ :;;;0 ~~_"= 'ilill Iliil)II!IIIII:;iiII111Itl'I!1 111111,11 111,1 I! RESOLVED FURTHER, that the signatures of such officer.s and the sed qfjIJ~-f}~ be a.f.liafEtil.ffp1jjij~er of Atto.~Y"~I!!,I..1 rt relating thereto b csimil~rP,rc!,any suc~il1iif-iltt~ertific~I~ if~fi~~~i1e signciftlfes O1jacsfin[[e seal shall be valid and binding upon... the Co .. .~II ~1"lSff....,. wer so ~-t/i!i.~ !!filB~ by facsi1iH/e ~~tum 7iiff1facsimile seal shall be valid and binding upon the Company in the future . ~~I t~!la' nd or uncteRaking10 Which it is attached" I !II', ."Ii 'i :'1111 I1II1111I .il..,', e..t~b. .... ,M.. )Iil~~~bint, i.. I' I,:"f III 11!.,'i]I!1 IN WI1NESS WHEREOF, American Contractors Indemnity Company has caused its seal to le a(fixed hereto an~~~.~ef Executive Officer on the 15th day of December, 2003. == -===~~~ ~~ =-_= ~ ii~~:~~ ~~-~ ~!ff! == ~~ ~:..~ '11.11111 ~= == ~ == == ~.RACT;s=-jNfiEiI~ITY COMPANY- "" -"-~ iill Ili'l 'Iiil! Agency No., #9004 -~- -- -~--- - -- ---- ----.-..-- - - - - --- -"---- - ~---- --- -~ - ---. --- ----- -_.-. .---- - - - ---_.- - -- - - -- -- ~~ --~----- - -- - - ~ -- ..-....---- -~ ---- - -.- --- ----- -- ---- ~- - -- _.- __. ___ ~~ - __. __. - u____ ==== ~~~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~.c<',.o('M~~~.&{';<X'~&Q~~~~~&Q.~~~&'Q~~~.c<'.c<'.c<'..c<'~.Q('~~~..c<'..c<'..c<'~'Y.I~ ~~ ,I ~ ' I I ::~::fo~alifomrriU^;~ } ss. /1 . I ~ On ~( I g, 'M t)(.~;' before me, yy\ttr fJ;~'ft~Ul' I (~M!U ~ ~ - 'Date (_' .. "Jane Doe, Notary Public ' ~ @ personally appeared !.f.J/L-C L i J;JLL-l7-/ ~ I N~'~~i;~:;~~ k~~w~~Ot~e basis of satisfacto~ ~ ~ evidence ~ I to be the person(s) whose name(s) is/are I ~,:'.""...: subscribed to the within instrument and ~.,.'.' II <:~ acknowledged to me that he/she/they executed ~ ~ the same in his/her/their authorized g ~ capacity(ies), and that by his/her/their g ~ signature(s) on the instrument the person(s), or .~., i i.'.~.'...<. @'MARYVELLAtheentitYUPonbehalfOfWhiChthe person(s) t,," I <:; '. .' ~ ....;. .... _ Commission # 1390, 818. z t d t d th t t I ~i ','.' . f z ac e ,execu e e ins rumen , ~,."'.: i, ~ ~...,~ Notary Public - Call ornla ~ ~~ ~<.' . .~' Mvc~ri~~~16.2(J)7 WI~~Ot!ilt~ ~.'..: ~ ."off oONo", Pob'Io g ~ Though the inlonnation below is not required by law, it m~:;~~?~~te to persons relying on the document and could prevent I I fraudutent removal and reattachment 01 this lonn to another document. ~ ~ I I, Description of Attached Document I. .. Title or Type of Document: Cum {"i-JXtI.. C/c.U JtVlLif~ C'tJYi1f'UtlJ f.JtYI.d! . ) . j ~ if; r Document Date: h? I::' :;2 7, 2. {)(') r;...., Number of Pages: I ( .,..1. ..... ,I Signer(s) Other Than Named Ab~ve: ~ft'&)i C,',- ~)~) '" Capacity(ies) Claimed by Signer ~ I 2 g~i:~~~ gff~~ited T~e~l~eral rop ofthomb h", I I ~ ~~:~~~i::;~nse~ator I ~ 0 Other: ~ I Signer Is Representing: I ~~'6S~~'C.(~~~~~'<X.'<X'<X,~~'<XXX;-<X:~~'<~<:;~~~~~~~'<X~'<X-~~~~~~~'O'~ Signer's Name: @ 1999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402' www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ;~: Proposal Job Number: 60007 Project: Knoll Park Tot Lot Tiburon CA Contact: Dave Bernardi Phone: 415.435.7388 Fax: 415.435,2438 e COMMUNITY ...... .<.. .... e~O~!gArt.~J:1e5S Novato, CA 94945 P#41 S-892-1707 . F#415-892-3132 Date: 01-11-2006 Page #: 2 of 4 Inc. Item Description Amount 1 Base Bid 1 Construction Fence 2 Mobilization, Staging, Clean Up 3 Install Drainage System 4 Install Substructure For Rubberized Surfacing 5 Install Rubber Poured-In-Place Surfacing 6 Install Play Structures/Equipment 7 Install Cone. Access Ramp 8 Install 6" x 18" Concrete Curb 178LF 840.00 1,756.00 6,988.00 4,993.00 26,965.00 11,355.00 1,542.00 7,174.00 Phase Total: 61,613.00 Grand Total: 61,613.00 Notes: Prices exclude demolition existing play equipment existing wood fence, construction of new fence. , removal or off-haul of existing sand surfacing, demo of Signature: ~ Date: J ~iJ Il 1 Zoc' ~ E;t<.HIBLTC ~ ~ "~GRO\)~ General Contractor Lie. # 362950 1620 Grant Avenue Suite 5, Novato, CA 94945 PH (415) 892-1707 FAX (415) 892-3132 SOUTH OF KNOLL PARK TOT LOT RENOVATION Town of Tiburon Public Works Department eKHIS'T<. PROPOSAL TO THE TOWN OF TIBURON PUBLIC WORKS DEPARTMENT NAME OF BIDDER C-vl--'\ ~U,.J ''''"I "R~jZ.ou,..J.0 BUSINESS P.O. BOX \ ~:k:? ~4-...lr- M€. ~e: ~ TOWN, STATE, ZIP ~o'J /.VfO , (A--- q 4- q 1- ~ BUSINESS STREET ADDRESS (Please include even ;f Po. Box used) TOWN, STATE, ZIP TELEPHONE NO: AREA CODE (11~ 04 v' 1-1 0 '1 FAX NO: AREA CODE d j.:(" 61 ~ '3>1 !.2..-- CONTRACTOR UCENSE NO. 'I '3 (, J- { .<;0 The work for which this proposal is su1mitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of T ransporlation Standard Plans, dated July, 2002; the Standard Specifications, dated July, 2002; and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. The project plans for the work to be done were approved July 20, 2005 and are entitled: TOWN OF TIBURON SOUTH OF KNOLL PARK TOT LOT RENOVATION PROJECT Bids are to be su1mitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage wise the unit price or item total in the Town of Tiburon's Final Estimate of cost. If hoth the unit price and the item total are unreadahle or otherwise unclear, or are omitted, the hid may he deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project heing bid has only a single item and a clear, readable total hid is provided. Symbols such as commas and dollar signs will he ignored and have no mathematical-significance in establishi~g any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. .Any situation not specifically provided for will be determined in the discretion of the Town of Tiburon, and that discretion will be exercised in the manner deemed:by the T own of Tiburon to best protect the public interest in the prompt and economical completion of the work. The decision of the Town of Tiburon respecting the amount of a bid, or the existence or treatment of an irregularity in a hid, shall be final. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the Town of Tiburon, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the Town of Tiburon that the contract has been awarded, the Town of Tihuron may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the Town of Tiburon. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the Town of Tiburon, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do ~ the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forlh, and that he will take in full payment therefor the following prices, to wit: SOUTH OF KNOLL PARK TOT LOT RENOVATION PROJECT BID PROPOSAL The contractor agrees to accept payment, in full therefore, at the following prices to wit: Bid Schedule A ITEM DESCRIPTION EST. QTY UNIT UNIT PRICE TOTAL PRICE ~~~~~---------------------------------------------------------------------------1-------------------1----------------------1 I 1 Mobilization (not to exceed 5%) 1 LS I I I Iii ! r--------------------------------------------------------------------------------------1-------------------1----------------------, r-----~------~~-~-~~!~~~~~-~~~~~~-~~-------------~-----------~::-----~-------.----------i-------------.--------I i i ! L() n i I 3 Install Drainage System 1 LS I I , rX" ~ ! I I i l/' \ \ ~ .~ r - - - - - ~-- h_ -'~;,t;.i'~~-~ct;;;~ fu;R;;~~~d-- -- -- - -- - -- m ~-- -- - - - - - - - -~~ - - - - t - - - -- - - - - - - - - - / f - - -F- )r/'n--I ~:::::~::::::~~~~~!'~~~~~~~~:~~~~~:::::::~:::::::::::~~::::j:::~::~~:~~:-::::::::::I I 6 Install Play StructureslEquipment 1 LS I V I I ~ Iii r--------------------------------------------------------------------------------------i--------------------i----------------------~ i : i ! I 7 Install Perimeter Fencing 1 LS I I I r---------------------------------------------------------------------------------------1------------------;----------------------1 i 8 Install access ramp 1 LS I I I ! ~ otal Bid Price :10 I , b I 3- i , Grand Total of Bid ite:ms 1 through 8 (written) ~ /)1:; 0 Ne Tldb,JJ",.J;. S-'j /dv,Jp,~ A..v'J -f7Jrfi!-~,J I Dollars $(numbers) t? ; I h ;} By my signature hereunder, as Contractor, I certify that I am aware of the_provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provi- sions before commencing the performance of the work in this proposal and contract. In the case of any discrepancies between unit prices and totals, the unit price shall prevail. By my signature hereunder I understand and agree that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the T own to increase or decrease the amount of work under any'item as may be required, in accordance with the provisions set forth in the specification of this contract. Signature ~-&? Name (~ U JZ-::r' u-/rZ:A12-.-- Company Co'4"-1J U1-C-, ~ A-y4oLl.--lp:> Contractor's State License No. '3l:.::J-t ~ The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2-1.054, "Required Listing of Propo~ed Subcontractors," of the Standard Specifications and Section 2-1.01, "General," of the special provisions. LIST OF SUBCONTRACTORS Name anJAdJress Description of Portion of Work Subcontracted t2..0'~r~~~ ~9" i'4S "-1~~\f~' ~~ C ~tJ O~fe-- k-"'"Z.... f!3Czv& t ~.~ \ --t P~~e- 12.uo~ ~ p,---r- (11lE BIDDER'S EXECUTION ON mE SIGNATURE PORTION OF mIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF mOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder L-o ~ U/..I"" ~ ~ou.J.9S" , proposed subcontractor , hereby cemfies that he has _ , has not -1 participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opporhmity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CPR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt. ) Currently, Standard Form 100 (EEO-l) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering th e in ent period or such other period specified by the Federal Highway Administration or by t r, Office of Federal Contract Compliance, U. S. Department of Labor. ~ ~ J A-rJ d Dp PUBLIC CONTRACT CODE public Contract Cod.e Section 10285.1 Statement In conformance with public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not __been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitmstlawin connection with the bidding upon, award of, or perfonnance of, any public works contract, as defined in public Contract Code Section 1101, with any public entity, as defined in public Contract Code Section 1100, including the Regents of the University of California or the T mstees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. public Contract Cod.e Section 10162 Ouestionnaire In conformance with public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or7safe regulation? Yes No If the answer is yes, explain the circumstances in the following space. public Contract Code 10232 Statement In conformance with public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the ce:rtili.er to criminal prosecution. -:r::: Ii Noncollusion A.:ffidavit (Title 23 United States Code Section 112 and public Contract Code Section 7106) To the TOWN OF TIBURON PUBUC WORKS DEPARTMENT In conformance with Title 23 United States Code Section 112 and public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above N oncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this N oncollusion Affidavit. Bidders are cautioned that making a false certilication may subject the certi.fier to criminal prosecution. ~ . loG ~;;;J~. \ \ . I DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certilies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: · is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; · has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; · does not have a proposed debarment pending; and · has not been indicted, convicted, or had a civil judgment rendered against it by a courl of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certi&cation, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature pornon thereof shall also constitute' re of this Ce:rtilication. ~. h 0 ~ e.. . . ... COMMUNITY PLAYGROUNDS Inc. ..... ... ...1620 GrantAV<!nue SU'" 5 Novato, CA 94945 P# 415-892-1707 F#415-892-3132 Reference List The following projects are from a partial list of installations for the past 2 years: School/Preschool, & Day Care Center Contracts Customer Scope Completed Amount Contact Phone Community Action Marin 2 sites May 04 $54,728 Janet Mars (415) 472-1663 Mt. Diablo USD 4 sites Mar 05 $198,300 Jeff McDaniel (925.825-7440 Sunshine Preschool 1 site Jan 05 $44,584 Mary O'Hearn (707) 996-2702 Redwood City S.D. 3 sites July 05 $216,100 Don Dias (650) 569-2374 San Rafael City Schools 3 sites Jan 05 $186,986 Kris Thomas (415) 492.3235 Corpus Christi School 1 site Oct 05 $88,860 Katie Murphy (510) 530-4056 Salvation Army CC 1 Site Sept 05 $67,555 Major George R. (510) 773-6537 Park & Recreation Contracts Customer Scope Completed Amount Contact Phone Southgate Recreation 4 sites Oct 05 $478,440 Mau reen Casey (916) 428-1171 Folsom Zoo Sanctuary 1 site May 05 $34,640 Cristina Bracho (916) 355-8309 County of San Joaquin 2 sites Apr05 $194,160 James Flohrshuts (209) 468-3255 City of Alameda 1 site Sep 05 $103,310 Dale Lillard (510) 747-7570 Julius Kahn Playground 1 site Oct 03 $ 479,710 Vince Lattanzio (415) 674-0990 City of Davis 1 Site Jun 04 $ 79,514 Pat Riley (530) 757-5642 Washington Park, 1 Site Mar 04 $ 148,946 Tim Richmond (650) 558-7330 Burlingame ... - -..... . ... . '" . .. ... ~ I' .. II ~ I <I ~ I! I . " ..':';':":',-=~.:~~~~,:,-::-;:::,._..,_- ~ I : f .~ b = ;:r A1~ fg &. ~ 'f ffi e~ " 8 R " ~'r~ .., au AI"2 ~ ~&.!t ~ ~,,\O QR ~ 'VA ~ c: 0 c:: ;;;- _. ~ g'~, ., ~i! ~ ~f~ ~ l Q i" 'v t=r ~. a j' ~ s '" ~ g.V')~ -. E &. '" tD ~c:~ tD Q ~. . ~ ~ VI ~ ~ 5' C) = "2~ '~a ~ VI QQ' ~ ~ C fi 2.- r- n' ~ :;, ~ t:) c ~ :; ~ Vl ~. C Ii o " - r- ?\' " :;, ~ w 8 ~ I ~ 5' !~ -. i" . ;[ ~i ~. ~ , ci a ~ fj n *~. a ~ .. AI g ~ i ~ ts > ~ ~ ~ ~ z tj I ;3 ~ ~ ;1 : ~! t~ II ~!H ~ ;,' f.l!i i [ ~ 1 :' Hi f f ! ( Hi E:l N I Xl .. ;IQ t ~ /'tI Ai p'~ 8 j ~ ;.~~ ~ rf~' ~ &. a ~ ~ Q ~ ~ ~ ..-...c. .... . 8- a ..... f ~ t~~ .... t t-J ~ = (R ~ ~ t:) ~ ~ iff , I J I i I I I Ll-___.__ - -- - --=---::-==:-::::. -==~ ~.-::::::. :;--~.::.-::-::-- Ii From: Betty Owens At: InterWest Ins. Servo Inc. FaxlD: InterWest Insurance To: Curt Date: 913012005 04:46 PM Page: 2 of 2 ACORD.. CERTIFICA TE OF LIABILITY INSURANCE OP 10 B9 DATE (MMIDDIYYYY) COMM-09 09/30/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION InterWest Insurance Services ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE capitol Division HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 255188 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95865-5188 Phone: 916-488-3100 Fax:916-488-3492 INSURERS AFFORDING COVERAGE NAlC # . INSURED INSURER A Zenith Insurance Company INSURER B Community Pla~grounds INSURER C 1620 Grantg S e 5 INSURER D: Novato CA 4945 INSURER E: COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSRC TYPE OF INSURANCE POLICY NUMBER "D~~~(riMlrfDrNt I "8k!fe'r (NiMIDDIYY) LIMITS GENERAL LIABILI1Y EACH OCCURRENCE $ - l.)"'IV"""'~ I u t(l:::" Il:::U COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ - o CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ I n PRO- nLOC POLICY JECT AUTOMOBILE LIABILI1Y COMBINED SINGLE LIMIT I--- (Ea accident) $ ANY AUTO I--- ALL OWNED AUTOS BODIL Y INJURY I--- (Per person) $ SCHEDULED AUTOS I--- HIRED AUTOS BODIL Y INJURY I--- (Per accident) $ NON-OWNED AUTOS I--- I--- PROPERTY DAMAGE $ (Per aCCident) GARAGE LIABILI1Y AUTO ONL Y - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONL Y AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURREI~CE $ o OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X IT6'R\t:~I~ I IO~~- A EMPLOYERS' LIABILITY Z067729901 10/01/05 10/01/06 EL EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1000000 If yes. describe under EL DISEASE - POLICY LIMIT $ 1000000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate is Evidence of coverage. Individual certificates to be issued as required. 10 day notice of cancellation if cancels for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ***Evidence of Insurance*** Master Certificate NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR L1ABILI1Y OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO IZED REP @ACORD CORPORATION 1988 ACORD 25 (2001/08) _ ICORD. CERTIFICATE OF LIABILITY INSURANCE OP ID gaol DATE (INDDIYYYY) CQtdN-OI 10/04/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION InterNest Insurance services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Capitol Division HOLDER. THII CERTIFICATE DOES NOT AMeND, EXTEND OR P.O. Box 255188 ALTER THe COVlRAGE AfFORDeD BY THE POLICIES BELOW. sacramento CA 95865-5188 Phone: 916-488-3100 rax:116-488-3412 INSURERS AFFORDING COVERAGE NAIC ## INSURED INSlRER A: Zenith %nsurance Ccmpany INSlRER B: ..ti.-1_ aatua1 1M c......" Community PlatlrOUDd. INSlRER c: Aspen Special t:y :cn.. Co 1620 Grant~ S 5 INSlRR 0: Novato CA 4945 INSlRER E: COVERAGES ll-E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO nE I~ NMED ABOVE FOR nE POLICY PERIOD 1t-DICATEO. NOTWllHSTAM>ING ~y REOUIREMENT, TERM OR COI'l)ITION OF Nf{ CONTRACT OR OllER DOClJt.ENT WI1H RESPECT.TO WHICH THIS CERTIFICATE MAY BE ISSlEO OR MAY PERTAIN, 1l-E INSUR.ANCE .AFFORDED BY TtE POLICIES DESCRIBED tERElN IS SUBJECT TO ALL TtE TERMS, EXClUSIONS N<<) CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN w.y HAVE BEEN REDUCED BY PAID ClAIMS. 'LTR NSRO TYPE OF INSURANCE Pouev NUMBER "_ULKOT DAlIi LMTI DATE GENERAL LIABILITY EACH OCClJR:NCE $1,000,000 I-- C X COMMERCIAL GENERAL LIABILITY CJL003015 08/14/05 08/14/06 P'R'EMiSEs rEI OCCU'enCe) $ 50 ,000 I-- :=J CLAIMS MADE [!] OCCUR MEO EXP (My one person) $ ExclUded I-- ~ & N:JV!N.l.RY $ 1,000,000 I-- GENERAL. AGGREGATE $2,000,000 - GENt AGGREGATE LIMIT APPLIES PER: PRODUCTS - COWPIOP AGG $2,000,000 Xl POLICY n ';cR8T nLOC AUTOMOBILE LIABILITY COheIIEO SINGLE LIMIT - $ 1000000 B X ~y /lJJTO ACP7801128320 08/14/05 08/14/06 (EI ICCident) - ALL OWNED /lJJTOS BOOIL Y I~Y - (Per person) $ SCHEDUlED /lJJTOS - HIRED AUTOS BOOIL Y I~Y - (Per ICCident) $ NON-OWNED ALJrOS - - PROPERTY QPM6.GE $ (Per Iccldent) GARAGE LIABILITY AUTO ON.. Y - EA ACCIDENT $ =i IW' PUTO OnER THAN EA ACe $ AUTO ON.. Y: AGG $ EXCESSNMBRELLALIABILITY EACH OCC~NCE $ o OCCUR o CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X hORY LIMITS I IU& A EMPLOYERS' LIABILITY 8067729101 10/01/05 10/01/06 E.L. EACH ACCIDENT $ 1000000 />NY PROPRIETORJPARTNERJEXECUTIVE OFFICERlMEtlBER EXCLUDED? E.L. DISEASE. EA EhA.OYEE $ 1000000 II yes, describe lJ"lder E.L. DISEASE. POLICY LIMIT $ 1000000 SPECLAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS' LOCATIONS I VEHCLEII EXCLUIIOHI ADDED BY ENDORSEMENT I SPECIAL PROVI8IONI Certificate is Evidence o~ CClllllDerc1al General :r..1ab1lit:y, It.u~o Liability, aDd Workers Compensations insurance coverage. 30 day notice of cancellat:ion applies. ZV'XDBNC CANCELLATION lHOULD NIf OF THE ABOVE DE8CR8EO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISIUING INSURER WLL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOT1CE TO THE CERTlFlCAlIi HOLDER tWED TO THE LEFT, BlIT FALURE TO DO SO SHALL WOIE NO OBLIGATION OR UABIJTY OF NIf KJI) UPON THE INSURER, rrs AGENTS OR REPRElENTATIYEI. A o ACORD CORPORA liON 1988 CERTIFICATE HOLDER EVJ:DENCE 01' INStntAHCB I'or infor.mation purpose. ACORD 25 (2001/08) 7j(.A (:) (\of f- W W LI. (:) ~ .... w I -I ~ tIJ ~