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HomeMy WebLinkAboutAgr 2003-12-18 (Gaidano & Sons Painting) TOWN OF TIBURON TIBURON, CALIFORNIA OWNER-CONTRACTOR AGREEMENT TOWN HALL INTERIOR PAINTING THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this lB..- day of PcpmW ' 2003, by and between the TOWN OF TIBURON, a municipal corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner"), and Gaidano & Sons Painting & Decorating, 1595 East Francisco Boulevard, San Rafael, California 94901 ("Contractor"). In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I WORK DESCRIPTION The Contractor shall do all the work and furnish all the labor, services and materials necessary to complete the work described in the Contractor's Proposal attached as Exhibit A ("Work"). The Contractor shall complete the Work in a good, workmanlike and substantial manner, to the satisfaction of Owner and in accordance with the terms of this Agreement. ARTICLE II CONTRACT SUM Contractor's compensation under this Agreement shall be known as the Contract Sum. The Contract Sum shall be a not-to-exceed amount of$26,095.00 (twenty-six thousand ninety-five sixty dollars) as full compensation for the Work. All payments shall be subject to the General Conditions, set forth in Exhibit B. ARTICLE III TIME FOR PERFORMANCE Contractor shall commence performance of the Work on a date to be specified by Owner to Contractor to proceed ("Notice to Proceed"). Contractor shall diligently proceed with performance of the Work and agrees to achieve Completion of the entire Work by 45 calendar days after receiving the Notice to Proceed ("Scheduled Completion Date"). ARTICLE IV EXHIBITS This Contract includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A Exhibit B The Work (Contractor's Proposal) General Conditions IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first herein above written. rhtmpr-rnntrnrtnr Avrppmpnt nnidnnn &- Snn~ Pnintinv TOWN OF TIBURON APPROVED AS TO FORM: By Ann R. Danforth, Town Attorney ONS PAINTING & DECORATING B Its Contractor's License No. 799000 Expiration Date: August 31, 2005 Owner-Contractor Agree. doc 2 Owner-Contractor Agree. doc EXHIBIT A CONTRACTOR'S PROPOSAL 3 GAl DAN & SONS PAINTING & DECORATING License # 785408 P.O. Box 917 www.gaidanoandsons.com San Anselmo, CA 94979 (415) 482-6055 Fax (415) 482 -605 7 October 15, 2003 Dept. of Public Works Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Atten: Suzanne Creekmore We are pleased to be able to bid on the interior painting of your Town Hall. Our pricing includes all Labor, Materials, Equipment, and Insurance to properly prepare, including repairs necessary due to bad drywall joints, "popping screw heads, and other imperfections in the wall surfaces. We will then apply 2 coats of first quality acrylic paint in colors as selected. Water stains on the ceiling of the council chambers to be sealed, followed by the application of non-bridging accustic paint to the entire ceiling area. All work to be done during the holiday shut-down. Approx. 12-19-03 through 1-4-04. Bid #1 Complete Interior $26,095.00 Bid #2 Complete, less individual offices $21,250.00 _..-- Sincerely, // /' Cary Gaidano Gaidano & Sons, Inc. EXHIBIT B GENERAL CONDITIONS ARTICLE 1 IN GENERAL 1.1 DEFINITIONS 1.1.1 "Director" shall mean the Owner's Director of Public Works or his designee. 1.1.2 "Owner" shall mean the Town of Tiburon, and its officials, agents and employees. 1.1.3 "Contractor" shall mean Gaidano & Sons Painting & Decorating and its officials, agents, and employees. 1.1.4 "Day" shall mean calendar day unless specifically designated otherwise. 1.1.5 "Excusable Delay" shall mean an actual delay in the performance of the Work by Contractor caused by events to the extent that such events are not reasonable foreseeable and are beyond the reasonable control of Contractor, such as fire, flood, earthquake or unusually and unforeseeably severe and abnormal weather conditions, war, embargo, or sabotage. 1.2 CONTRACT CONDITIONS The Contractor shall carefully study this Contract and shall at once report in writing to the Owner any error, inconsistency, omission or lack of coordination that may be discovered. Any discrepancies between this Contract and conditions of the Site, or in the layout given by stakes, points or instructions, discovered by the Contractor shall be promptly brought to the attention of the Owner. 1.3 PERFORMANCE OF THE WORK 1.3.1 The Owner shall at all times have access to the Work. 1.3.2 At the time the contract is awarded, all contractors and subcontractors shall be properly licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code. At the commencement of work, all contractors and subcontractors shall have obtained business licenses from the Town ofTiburon. 1.3.3 Unless otherwise provided in this Contract, the Contractor shall provide, pay for and be responsible for all labor and materials necessary for the proper execution of the Work. The Contractor shall supervise and direct the Work, using the best skill and attention necessary for a contractor experienced and expert in this type of construction. The Contractor shall employ only persons skilled in the task assigned to them and only machinery and equipment of suitable capacity to the task, and operated by an experienced operator. The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, subcontractors and their agents and employees. Notwithstanding the forgoing, nothing in this Contract shall be interpreted to make the Contractor an agent of the Owner. 1.3.4 The Contractor shall promptly correct all Work rejected by the Owner as defective or as failing to conform to this Contract. The Contractor shall bear all costs of correcting such Work. If the Contractor does not, within seven (7) days after receipt of written notice from the Owner, Owner-Contractor Agree. doc 4 may, without prejudice to any other remedy the Owner may have, correct such deficiencies. The Owner shall be entitled to a credit for the cost of such correction against the Contract Sum. 1.3.5 The Owner reserves the right to perform work related to the Work with the Owner's own forces, and to award separate contracts in connection with other portions of the Work or other work on the Site. The Owner and the Contractor shall provide for the coordination of the work. The Contractor shall afford the Owner and separate contractor's reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by this Contract. 1.4 INDEMNIFICATION Contractor shall defend, indemnify and hold harmless Owner from any claims or damages, including attorney's fees, arising from Contractor's performance of this Agreement, with the exception of those claims or damages arising from the active negligence of Owner. In the event that the Owner's active negligence accounts for only a percentage of the liability involve, the obligation of Contractor will be for that portion or percentage of liability not attributable to the active negligence of Owner. 1.5 USE OF SUBCONTRACTS AND OTHER CONTRACTS FOR THE WORK Contractor shall comply with the California Subletting and Subcontracting Fair Practices Act, Cal. Pub. Contr. Code SS 4104 - 4114.1 in the use and substitution of subcontractors. 1.6 CHANGE ORDERS 1.6.1 A Change Order is a written order to the Contractor signed by the Owner and authorizing a change in the Work and/or an adjustment in the Contract Sum and/or the Contract Time. The Contract Sum and the Scheduled Completion Date may be changed only by specific Change Order. Adjustments of Contract Time, Work or Sum may be issued without notice to Sureties, and absence of such notice shall not relieve the Sureties of any responsibilities. 1.6.2 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract Change Order. The cost or credit to the Owner resulting from a change in the work shall be determined, at the Owner's option, by mutual agreement between the Owner and Contractor, or on the basis of time and material actually and properly incurred, plus a twenty percentage fee for profit and overhead. 1.7 TERMINATION OF THE CONTRACT 1.7.1 If the Contractor becomes bankrupt or insolvent or is guilty of a substantial violation of a provision of this Contract, and fails within seven (7) days after receipt of notice to commence and continue correction of such default with diligence and promptness, tne Owner may, without prejudice to any other remedy the Owner may have, terminate the employment of the Contractor and take possession of the Site and of all materials and equipment thereon owned by the Contractor as necessary to complete the Work. 1.7.2 The Owner may terminate the performance ofthe Work in whole or in part, whenever the Owner determines that such termination is in the best interests of the Owner. Any such termination shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which the performance of the Work is terminated, and the date upon which termination becomes effective. Upon such termination for convenience, Contractor shall stop all Work and be entitled to reimbursement for its reasonable actual costs for Work performed under this Contract plus a Owner-Contractor Agree. doc 5 fee of twenty percent profit; however in no event shall such reimbursement exceed the Contract Sum. In determining the reasonable cost, Owner shall receive a credit for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, other savings realized by the Contractor because of the termination of the Work and for defective or incomplete Work not corrected. ARTICLE 2 PAYMENTS AND COMPLETION 2.1 PAYMENTS 2.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments thereto, is the total amount payable by the Owner to the Contractor for the performance of the Work under this Contract. 2.1.2 The Contractor shall submit monthly invoices for Work completed, for the review and approval of the Director. Within 30 days of receipt of each invoice, the Owner shall either approve the Work covered by the invoice or advise Contractor of the specific deficiencies that must be corrected prior to approval. Upon approval of the Work covered by the invoice, Owner pay shall ninety percent (90%) of the amount due. Retained percentages are for the sole protection and benefit of the Owner and no other person, firm or corporation shall be entitled to receive any part thereof. Contractor shall have the option of substituting acceptable securities for the ten percent (1 0%) retention, as provided by Public Contract Code S 22300. Alternatively, Contractor may submit a lump sum invoice for the total work cost upon final completion. 2.1.3 No payment shall constitute an acceptance of any Work not in accordance with this Contract. The Contractor warrants that title to all components of the Work will pass to the Owner either by incorporation in the construction or upon receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances of any kind. 2.1.4 The Owner may withhold payment in whole or in part if the Contractor fails to perform its contractual obligations to the extent necessary to protect the Owner from damage, injury or loss. Without limiting the foregoing, Owner may without payment as necessary to correct defective Work not remedied; defend from existing or likely third-party claims, remedy the failure or likely failure of payments to subcontractors, or for labor, materials or equipment; or damage to the Owner or another contractor. 2.1.5 The Contractor fo I lowing receipt of payment by the Owner shall promptly pay each subcontractor, out of the amount paid to the Contractor on account of such subcontractor's Work, the amount to which said subcontractor is entitled. The Contractor shall, by.an appropriate agreement with each subcontractor, require each subcontractor to make payments to their sub-subcontractors in similar manner. The Owner shall have no obligation to payor to see to the payment of any monies to any subcontractor or sub-subcontractor. . 2.2 FINAL PAYMENT 2.2.1 Completion. When the Director determines that the Work is complete, he shall issue a Notice of 2.2.2 Upon Final Completion of the Work, Owner shall pay Contractor the final payment and any remaining retainage. Notwithstanding the foregoing, in the event of a dispute between Contractor and the Owner, the Owner may withhold from the final payment an amount not to exceed Owner-Contractor Agree. doc 6 150% of the disputed amount. No payment shall be construed to be an approval or acceptance of any defect in Work or improper materials. 2.2.3 Prior to final payment, if requested by Owner, Contractor shall submit a written certification that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might in any way be responsible, have been paid or otherwise satisfied, and if required by the Owner, other data establishing payment or satisfaction of all such obligations to Owner's satisfaction. 2.2.4 Acceptance by the Contractor of final payment shall be and shall operate as a release to Owner of and from any and all other claims, causes of action, damages or liabilities, whether or not known or suspected, which Contractor ever had or claims to have had relating to this Contract or the performance of the Work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this contract for the Contractor's bond for faithful performance and Contractor's payment bond. 2.3 DELAYS AND EXTENSIONS 2.3.1 The Scheduled Completion Date shall not be extended except to the extent that the Contractor is actually prevented from completing the Work before the Scheduled Completion Date because of an Excusable Delay. 2.3.2 In the event that Contractor is actually delayed on the performance of the Work by any Excusable Delay and because of said Delay is unable to complete the work by the Scheduled Completion Date, Contractor's sole remedy shall be an extension of time for a period equal to the length of such Excusable Delay. In no event shall it be entitled to a monetary payment over and beyond the Contract Sum. Actual delays in activities that do not prevent the Contractor from completing the work by the Scheduled Completion Date will not constitute an "Excusable Delay" nor be a basis for changing the Scheduled Completion Date. ARTICLE 3 WORK MANAGEMENT RESPONSIBILITIES 3.1 SAFETY PRECAUTIONS AND PUBLIC CONVENIENCE 3.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. This duty shall extend, without limitation, to the safety of all employees on the Work and all other ,persons who may be affected thereby; all the Work and all materials and equipment to be incorporated therein; other property at the Site or adjacent thereto, and the work of the Owner or other separate contractors. Without limiting the foregoing, Contractor, not Owner, shall remain fully responsible for the disposition and the exposure to persons of materials, whether or not hazardous. Contractor remains fully responsible for the handling of and the removal of products and systems and shall take necessary measures to protect employees, subcontractors, general public, design consultants and others. 3.1.2 The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall provide for the convenience of abutting owners along the right-of-way as far as practicable. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. 3.2 SITE MANAGEMENT AND CLEAN UP Owner-Contractor Agree. doc 7 The Contractor shall confine operations at the Site to areas permitted by law, ordinances, permits and this Contract, and shall not unreasonably encumber the Site with any materials or equipment. The Contractor shall keep the Site free from accumulation of waste material or rubbish caused by his operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Work such waste and rubbish, and the Contractor's tools, construction machinery, equipment, surplus materials and other property. ARTICLE 4 INSURANCE AND BONDING REQUIREMENTS 4.1 CONTRACTOR'S LIABILITY INSURANCE Contractor shall provide and maintain insurance as set forth in this Article on behalf of the Owner. 4.1.1 Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88. Policy limits shall be no less than one million dollars per occurrence for all coverages and two million dollars general aggregate. Owner and its employees and agents shall be added as additional insured using ISO form CG 70 57 (03-96). Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to Owner or any employee or agent of Owner. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment- related practices. 4.1.2 Business Auto Coverage shall be written on ISO Business Auto Coverage from CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to any umbrella policy required above for a total limit of no less than five million dollars each accident. 4.1.3 Workers Compensation/Employer's Liability shall provide workers compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars per accident or disease. Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the Owner. 4.1.4 Contractor and Owner further agree as follows: 4.1.4.1 All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 4.1.4.2 Unless otherwise approved by Owner, Contractor's insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best's Insurance Guide rating of "A:VII. Self-insurance will not be considered to comply with these insurance specifications. 4.1.4.3 Contractor shall provide evidence of the insurance required herein, satisfactory to Owner, consisting of certificate( s) of insurance evidencing all of the coverages required Owner-Contractor Agree. doc 8 and an additional insured endorsement to Contractor's general liability and umbrella liability policies using ISO form CG 70 57 (03-96) prior to commencing work under this Contract. Certificate(s) are to reflect that the insurer will provide 30 days notice of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. 4.1.4.4 Contractor shall require all subcontractors or other parties hired for this Work to purchase and maintain insurance of the type specified above naming as additional insureds all parties to this Contract. Contractor shall make reasonable efforts to ensure that such coverage is provided as required here. 4.1.4.5 Contractor shall provide immediate notice to Owner of any claim or loss against Contractor that includes Owner as a defendant. Owner assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling or any such claim or claims if they are likely to involve Owner. 4.1.4.6 In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor shall be personally responsible for any an all losses, claims, suits, damages, defense obligations and liability of any kind attributed to Owner as a result of such failure. 4.1.4.7 Contractor shall not attempt to avoid its defense and indemnity obligations to Owner by using as a defense Contractor's statutory immunity under workers compensation and similar statutes. 4.1.4.8 Contractor shall ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Contractor and Owner or between Owner and any other insured or Named Insured under the policy, or between Owner and any party associated with Owner. 4.2 OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 4.2.1 General Liability and Automobile Liability Coverages 4.2.1.1 The Owner is to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protecti"on afforded to the Owner. 4.2.1.2 The Contractor's insurance coverage shall be primary insurance as respects the Owner. Any insurance or self-insurance maintained by the Owner shall be excess of the Contractor's insurance and shall not contribute with it. 4.2.1.3 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Owner. Owner-Contractor Agree. doc 9 4.2.1.4 Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4.2.2 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by has been given to the Owner. 4.3 SUBCONTRACTORS Contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. 4.4 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 4.4.1 Following Award of the Contract and prior to commencing any of the Work, the Contractor shall provide the Owner with a 100 percent Performance Bond and Labor and Material Payment Bond, using the bond forms provided by the Owner in the Bidding Documents or an Owner-approved similar bond. In the event of any change order, the bond amount(s) shall be increased for increased value of changes in the Work. 4.4.2 At the election of Owner, Contractor shall provide, within ten (10) days of receipt of each progress payment and of the final payment, unconditional waivers and release of lien rights, signed by Contractor and each of its subcontractors and materials suppliers, in the form established therefor by Section 3262 of the Civil Code of the State of California. ARTICLE 5 PREV AILING WAGE REQUIREMENTS 5.1 GENERAL REQUIREMENTS 5.1.1 The Contractor shall forfeit as penalty to the Owner $25.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or by any subcontractor under him, in violation of the provisions of the Labor Code of the State of California, and in particular, Section 1770 to 1780 thereof, inclusive. The general rate of prevailing wages is on file in the Owner's offices. 5.1.2 The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workman emp loyed on the Work.' The difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor pursuant to the requirements of Section 1775 of the Labor Code of the State of California. 5.1.3 The Owner will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. 5.1.4 Notwithstanding any other provision of the Contract to the contrary, the general prevailing rate of wages in this locality for each craft, classification, or type of workman needed to Owner-Contractor Agree. doc 10 execute the Contract for the Work (which rate includes employer payments for health and welfare, vacation, pension, travel time, and subsistence pay as provided for in Section 1773.8 of the Labor Code of the State of California, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done for straight time, overtime, Saturday, Sunday and holiday work is that ascertained by the Director of the Department ofIndustrial Relations of the State of California and determined by the Town, which said rates are made a part hereof, incorporated herein by reference as though fully set forth. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workman employed on the Work. 5.1.5 Attention is directed to the provisions of Section 1777.5 and 1777.6 ofthe California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. The Contractor and any subcontractor shall comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship Standards and its branch offices. 5.1.6 The Contractor shall make such travel and subsistence payments to each workman needed to execute the Work as are established in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code. 5.1.7 The Contractor and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractor or subcontractor in connection with the Work. The payroll records shall be kept in accordance with the provisions of Section 1776 of the California Labor Code and Contractor and each subcontractor shall otherwise comply with all requirements of such Section 1776. 5.2 HOURS OF LABOR The Contractor shall forfeit to the Owner, as a penalty, the sum of Twenty-five Dollars ($25.00) for each workman employed in the execution of the Contract for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of Sections 1810 to 1816, inclusive, of the Labor Code of the State of California. ARTICLE 6 DISPUTE RESOLUTION 6.1 MEDIA TION Any Claim arising out of or related to the Contract shall be subject to mediation as a condition precedent to arbitration or the institution oflegal or equitable proceedings by either party. Unless the parties mutually agree otherwise, mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Work is located, unless the parties mutually agree to another location. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 6.2 ARBITRA TION Owner-Contractor Agree. doc 11 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. A demand for arbitration shall be made within 30 days after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration any party may demand under this Agreement. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable ~aw in any court having jurisdiction thereof. Owner-Contractor Agree. doc 12 ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 The Contract shall be governed by the law of the place where the Work is located. The Contractor shall conform to and abide by all local, state and federal building, sanitary, health and safety laws, rules, and regulations, including all Town ordinances and regulations. 7.1.2 All Contractors and subcontractors employed upon the Work shall and will be required to conform to the provisions of the Labor Code of the State of California, and shall also comply with all rules, regulations and Labor Laws of the federal government and the various acts amendatory and supplementary thereto, and all other laws, ordinances and legal requirements. Without limiting the foregoing, Contractor, will comply with applicable provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code. 7.2 SUCCESSORS AND ASSIGNS The Owner and the Contractor, respectively, bind themselves, their partners, successors and assigns to this Contract. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 7.3 RIGHTS AND REMEDIES The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Owner shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 7.4 PENALTY FOR COLLUSION If, at any time, it is determined by the Town that the person, firm or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and his sureties shall be liable for loss or damage which the Owner may suffer thereby, and the Owner may advertise for new bids for said work. 7.5 EQUAL OPPORTUNITY Contractor shall comply with the provisions of Section 1735 of the 'Labor Code of the State of California, which provides as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." END OF GENERAL CONDITIONS Owner-Contractor Agree. doc 13 ~~~'i"';'1'~~';.!frJ~~,.;."t"ii3~i.>ik:..iMe.-"J[ ~:",;,~~;~:!'~~rl~-~.Jl--_I !7U1U iliH JJ -.}\I\J:~n\.-';'..I.lt.<;JJV"~t>l~~h.~~;;~.~l.OJ~~~~"'if~-.~"-'~,;,~.__.. ,_c ,.';::;'0'- '<.; A"".,.:.:.';."_4"."l)~-t':.,~:;:-;l,~~~'II 0151 ~-~~~--- iil- 1I.b;....~,~.~...~~Ff ~~~~~:,~.;!!~"""..\l")..._'....". <_,_,;.r_;l_."'~~..,_-':';;,-_.;'_.,:O';,fo;;~'$'-n;kl B' .m ISU Sander~ Jacobs, Cassayre Insurance Service December 16, 2003 Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Re: Contract for Town Hall Interior Painting Project Gaidano & Sons Painting & Decorating Inc. To Whom It May Concern: This letter is being written on behalf of our client, Gaidano & Sons Painting & Decorating Inc. and the award of contract for the Town Hall Interior Painting Project. A certificate of insurance has been issued for this project naming the Town of Tiburon as Addtionallnsured, however the following are our observations in the review of the insurance requirements: . Insurance & Bonding requirements, Article 4: The ISO-CGL coverage coverage form is written on the CG00001 01/96 not the 11/85 or the '88 edition. Our policy applies as excess (not primary) coverage over any other valid & collectible insurance. Our policy provides the Additional Insured endorsement CG2033 (10-01) and will not allow any other form to be used. Our policy also contains exclusions for all the perils indicated at the end of this paragraph of item 4.1.1, . Item 4.1.4.2: "Best Insurance Guide" rating for our insurer, CBIC, is A:VI. This contract calls for the carrier to have a rating of A:VII. . Item 4.1.4.3: Additional Insured endorsement - already explained above. Also, our insurer prohibits us from altering the cancellation notice disclaimer on these certificates of insurance by "x'ing" out the language specified by this clause. We can assure you that in the event of any cancellation situation, you will be informed directly by our agency at least 30 days in advance of the cancellation date. This stated, we do not foresee or expect any situation to arise where this policy would be ca'ncelled for any reason. . Item 4.2.1.1: The coverage provided to the Town under the Addtional Insured endorsement will cease when the project is completed and accepted by the Town. . Item 4.2.1.2: Again, this coverage is not primary & non-contributing coverage, but applies as excess coverage over any valid and collectible insurance. Regards, ~ ACORD CERTIFICA TE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) TM 12/16/2003 PRODUCER (707)252-8822 FAX (707)253-8255 THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION ISU Sander Jacobs Cassayre Ins. Servo ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3200 Villa Lane ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Napa, CA 94558 Sarah Kerr INSURERS AFFORDING COVERAGE NAIC# INSURED Ga i dano & Sons Painting & Decorating Inc. INSURER A: C B I C 1595 East Francisco Blvd, # C INSURER B: San Rafael, CA 94901 INSURER c: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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. I~f: ~~~~ TYPE OF INSURANCE POLICY NUMBER PRH~Y EFFECTIVE PQ~!P'y EXPIRATION LIMITS GENERAL LIABILITY INSBB1842 10/11/2003 10/11/2004 EACH OCCURRENCE $ 1,000,000 f---- DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY $ 300,000 I-- tJ CLAIMS MADE 0 OCCUR ,~. nr:r:l ]rom,,.. \ MED EXP (Anyone person) $ 5,000 A X PD Ded $500 PERSONAL & ADV INJURY $ 1,000,000 I-- GENERAL AGGREGATE $ 2,000,000 f---- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 n n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I-- (Ea accident) $ ANY AUTO f---- ALL OWNED AUTOS BODILY INJURY I-- (Per person) $ SCHEDULED AUTOS I-- HIRED AUTOS BODILY INJURY I-- (Per accident) $ NON-OWNED AUTOS I-- I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T'-X~$T ~JI~~c; I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ If yes, describe under EL. DISEASE - POLICY LIMIT SPECIAL PROVISIONS below $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Town Hall Interior Painting Project. The Town of Tiburon, its officials, agents, and employees are included as Additional Insured per policy Form CG2033 attached. CERTIFICATE HOLDER Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 CANCELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ACORD 25 (2001/08) FAX: (415)435-2438 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY NO. INSBB1842 COMMERCIAL GENERAL LIABILITY CG 20 33 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability aris- ing out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: 2. Exclusions This insurance does not apply to: 8. "Bodily injury", "property damage" or "per- sonal and advertising injuryll arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage'l occur- ring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project {other than service, maintenance or repairs} to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion or lIyour work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contrac- tor or subcontractor engaged in perform- ing operations for a principal as a part of the same project. CG 20 33 10 01 @ ISO Properties, Inc., 2000 Page 1 of 1 o ; 2-17-2005 09:53 Fr.....,.,..,. (/::1.1 <;i 73') 0609 . ....F~Ot~ r St1 SJf To. '4826057' Page: 2/~! roR~s\3'?25?'" 0/2003i 2,ye.~Jf P~l 00 1/00 I F-685 CERTifiCATE HOLDER COPY STA.TE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 <COMP!';NSATION i J'-I S U I"f A N CE FUND CERT1F.lCATE.oF WORKERS1 COMPENSATION INSURANCE DECEMBER 17, 2003 GROUP: 000315 POl.)C'r' Nut!.{Ia.5i;!.' lJ';;)-2~,f\3 CERTIFICATE ~p~ .:n CERTTF1CAIE EXPiRT;S: ~Q - Ql~:20{l.ij JO-Ol-200~/lO-Ol-20C4 To\:n~ OF Tl13URON l.~.i'~{S TI~TJ~r01:~ E~"\-Z!:; TIBURON CA 94920 'ro,",.~r:J .,K~.L'::' ..INTERIDR l?J1._!N'l'n~G PROJECT. This is tC) C$rt1fy that "'Ie have issued ;::"4 valid Workers Compensation Itl$uiariCC policy in a form approved by the California Insurance COmrnl$SIOner 10 ttJl;;f el1lp(Q'jerrT~ifTI~~~oel'Q\li( j'G"\~ltLw ~\i.:.~;l.pet'iGd ,1'tl:i\\C<i1d4d. This poliCY is not subject to cancellation Py the Fund except upon 30 days adva.nce wrillen liOtlCl$ '(0 the el11ploy~er. W~ will al50 give you 30 days advance notice should tl"\l5 policy ba cancelled prior to its nornlal expiration. This.c&r't\nca~t:: of ir:sul"~nc;~ is. not ~n ir~$iJrance.poHcy and does not a.'1\~nd, extend or alter the coverage afforded by the policies fisted lIereln. f\lOl\i'IITtnsmna'lng ClIT:t l~arl1:Irrret1t, (liit'Hi Q( Cui"i\1\1.~"t ~y .m";'j' !:Dnt.'2f!C! m b(.l':'<G11' ..!.uu,t~w wm") (~~l?ect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies d~$cribed herein 1$ subject to all the terms, exclu.slons, and condiflons, .of SUGh pOlic"E;l$. \'\...,>.1"//]1.. /7 ~ . /"'1-"" 1'~()l.A'Iv'- ~~ .-',UTHORIi:::;P R::PRESENTATlve t1.Jd,7c.~ ~. ~ f'H.~::>IClENT mJIPJ..OYER'S LII':.E!.'LI'l'Y LH4J:T ItiCllUUING DEFEN'SE CO;;;'l'S~ $l.~ 000. 000 PER OCCt'\"RREi'K~8 CAR~ ~~IDANO, P~ES - EXCLUDED CHRIS~OPHER GAID~~O,SEC - EXCLUDED JOHl'J QAIDANO, 'rRES - EXCLUDED ENDORSEMEN'T #20155 EN'rITLEP CE~T:rFICp.TE HOLDERS' NOTICE EF'FEC1'IVE 10-01-2002 15 ATTACHED TO l>.NLl l~OF.f;r$" A. :i?AK'.L' OF Yf;:.cS FVJ~Z'CY- 2NDORSEME~IT #2570 ENTITLED WAIVER OF 3UBROGATIO~ EFFECT!VE 12-17-2003 IS AT'EACHED 'ro MiD FlJRt.r.=r A i?Ai~-.f" OF :rWIS p.:;z,:rCY. 7'H.rRr:' 'p'~,<T::" J:nM.5'.. T.-;jJil)::T. OF Tt.'E.nRQ~J ENDORSEJvlENT 1f20O'5 E:r;ITJ:'!"LEil CJS:RrricYCiV:.."'r: nV:/L'D'81:,:S' ?l7Dr::!"[:R J1PPJlCT:r~;'S .2D-i\1-;:'OI;;3 ..IS ~~~~~~~C TO ~Nn FORMS A PART OF THIS FOLICY. Et,1PI..OYt:~r GAID;:'..KO .&. BONS J;'Alb1'l'ING &. DBC0!11.l.TING. :n:rc l ~55 i''''i::;:~t~\:.'ISOO ~'l.. i/li' e. STIZ .C SF_N RP..FJ'-.EL CA. 9'1901. sCn= 102.62E rePF-UI~ OMNl TOWN OF TIBURON MEMORANDUM To: From: Subject: Date: Pat Echols, Public Works Director/!2wn Engineer Alex D. Mcintyre, Town Manager Roofing and Painting Contract Bond . ers December 5, 2003 Pursuant to the Town Attorney's request, given the cost of these individual contracts, please consider this as authorization for you to waive the bond requirements for the roofing and painting contracts. Please place this memorandum into each project file. c - Town Attorney ~ ~~~~W~ ~ DEe 0 8 2003 IYJ DIRECTOR OF PUBLIC WORKS TOWN OF TIBURON