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Home My WebLink AboutAgr 2008-01-30 (Fine Line Striping, Inc.) Letter of Transmittal Date: 1/30/2008 RE: Notice to Provide Schedule and Proceed with Work Richard Reed Fine Line Striping PO Box 1836 Rohnert Park, CA 94928 From: Nicholas Nluyen, Director Town of Tiburon 1505 Tiburon Blvd TibUg,;4.9. 20 _/ __ . Signed: ~ ~-- ~ ~ - . To: Reason: _ As per your request _ Returned for corrections _ For your review and comment L For your use and files _ Resubmit as requested _ Approved _ Approved as noted Being sent: _ Report CCO _ Specifications i Other: ~c...r- _ Letter _ Plans/Drawings Items: Fully executed contract to perform long line striping of Tiburon streets. Other comments: Richard, please consider this your Notice to Proceed for this work. Of course, since rain storms are passing over our area consistently, we do not want Fine Line to start work until a break in the weather that is conducive to striping. Please coordinate your work with Joel Brewer and his foreman, John McKelvie at 415-435-7399. Best, Nick Cc: Joel Brewer TOWN OF TIBURON TIBURON, CALIFORNIA [D)~~~aw~@ /JI) JAN 2 3 Z008 ill! OWNER-CONTRACTOR AGREEMENT DIRECTOR or: PUGUC WORKS TOWN OF TIDU;:~ON 2008 LONG-LINE STRIPING MAINTENANCE PROJECT THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this ~~ay of :IAN~ ~~ ' 2008, by and between the TOWN OF TffiURON, a municipal corporation, 1505 Tiburon Boul vard, Tlburon, CA 94920, ("Owner"), and FINE LINE STRIPING, INC., P.O. Box 1836, Rohnert Park, CA 94928 ("Contractor"). In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I WORK DESCRIPTION The Contractor shall do all the work and furnish all the labor, services and materials necessary to complete the . work described in the Contractor's Bid Proposal attached as Exhibit A ("Work"). The Contractor shall complete the Work in a good, workmanlike and substantial manner, to the satisfaction of Owner and in accordance with the terms of this Agreement and the Town's encroachment permit. ARTICLE II CONTRACT SUM Contractor's compensation under this Agreement shall be known as the Contract Sum. The Contract Sum shall be a not-to-exceed amount of $ -:}..q-oo. -co as full compensation for the Work. All payments shall be subject to the General Conditions, set forth in Exhibit B. -' ARTICLE III TIME FOR PERFORMANCE Contractor shall commence performance of the Work on a date to be specified by Owner to Contractor to proceed (''Notice to Proceed"). Contractor shall diligently proceed with performance of the Work and agrees to achieve Completion of the entire Work within 5 working days after receiving the Notice to Proceed ("Scheduled Completion Date"). ARTICLE IV EXHIBITS This Contract includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit B The Work (Contractor's Work Proposal not inclusive of terms and conditions) General Conditions Exhibit A r"~__ _ T .:__.... C"'4-.:_:.A_ ,_...~ 11lflO T _.......,.... T ;...,.. C"~';~;....rr A4'rw:.".tnMrr'll'l""'''' IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first herein above written. TOWN OF TIBURON APPROVED AS TO FORM: By ~'-.r-- Margaret A. C an, Town Manager ~ By /#, p':--- Ann R. Danforth, Town Attorney CONTRACTOR: FINE LINE STRIPING. INC. BY~~ . Its l;eJ~~/ Contractor's License No. 7J 7590 Expiration Date: / / -Je>-o 'I Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 2 EXHIBIT A CONTRACTOR'S PROPOSAL (attached) Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 3 EX8..IbI'f A Fine Line Striping, Inc. P.O. Box 1836 Rohnert Park, CA 94928 State Lic.# 737590 PH(707)829-0100/Fax 824-0900 ~M. ~ IIIC. ESTIMA TE DATE Estimate # 8/24/2007 E27313 CUSTOMER Town Of Tiburon Nick Nguyen 1505 Tiburon Blvd. Tiburon, CA 94920 TERMS AS PER JOB NAME upon completion John's list 07 Aug24, 2007 Restripe .. QUANTITIES MEAS. DESCRIPTION Total We will use a Graco Road Lazer powered by a 2007 chevy which has a truck mounted arrowboard. We will have a chase truck following protecting the wet stripes by putting down cones on the wet stripes. This estimate is based on 1 coat of paint with beads. Thank you for the bid opportunity. Total $7,700.00 All material is guaranteed to be as specified, and the above work to be preformed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. This estimate may be withdrawn by us if not accepted within 30 days. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. SIGNATURE AND DATE Page 3 t)~J ~~... /-13 -oJ> A - (/:) Fine Line Striping, Inc. P.O. Box 1836 Rohnert Park, CA 94928 State Lic.# 737590 PH(707)829-0100IFax 824-0900 'A"~ ~,l\" ~ .NC. ESTIMATE DATE Estimate # 8/24/2007 E27313 CUSTOMER Town OfTiburon Nick Nguyen 1505 Tiburon Blvd. Tiburon, CA 94920 TERMS AS PER JOB NAME upon completion John's list 07 Aug24, 2007 Restripe QUANTITIES MEAS. DESCRIPTION Total Revised quote to include restripe existing centerline and edgeline (fogline). I) Porto Marino 500 LF+- Double Yellow 2) Hacienda 1,000 LF+- Double Yellow 3) Tresle Glen 3,000 LF+- Double Yellow 6,000 LF+- 4" Stripe (fogline) 4) Reed Ranch Rd 3,500 LF+- Double Yellow 1,000 LF+- 4" Stripe (fogline) 5) Via Los Altos 1,000 LF+- Double Yellow 1,000 LF+- 4" yellow stripe 6) North Terrace 150 LF+- Double Yellow 7) Karen Way 1,000 LF+- Double Yellow 8) Mercury Dr 1,000 LF+- Double Yellow 9) Beach Rd ~OO LF+- Double Yellow 10) Beach Rd This estimate is based on I coat of paint with beads. Thank you for the bid opportunity. Total All material is guaranteed to be as specified, and the above work to be preformed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. This estimate may be withdrawn by us if not accepted within 30 days. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. SIGNATURE AND DATE Page 1 oj 5 A~7ts Fine Line Striping, Inc. P.O. Box 1836 Rohnert Park, CA 94928 State Lic.# 737590 PH(707)829-0100/Fax 824-0900 ~Kt. ESTIMATE DATE Estimate # 8/24/2007 E27313 INC. CUSTOMER Town OfTiburon Nick Nguyen 1505 Tiburon Blvd. Tiburon, CA 94920 TERMS AS PER JOB NAME upon completion John's list 07 Aug24, 2007 Restripe QUANTITIES . MEAS. DESCRIPTION Total 600 LF+- Double Yellow 11) Lagoon View 500 LF- Double Yellow . 12) Esperanze St 500 LF- Double Yellow 13) Mar West 2,000 LF+- 4" skip yellow 100 LF+- Double Yellow 14) Beach Rd 500 LF+- Double Yellow 15) Sugarloaf 500 LF+- Double Yellow 16) Roundhill 3,500 LF+- Double Yellow 17) Lyford Dr 1,000 LF+- Double Yellow 18) Rockhill 1 ,000 LF+- Double Yellow 19) Geldert 300 LF+- Double Yellow 1 Lump Sum Striping as per list from John. 7,700.00 We will use Pervo Rapid Dry Low VOC Traffic Paints and Potters Glass Beads This estimate is based on 1 coat of paint with beads. Thank you for the bid opportunity. Total All material is guaranteed to be as specified, and the above work to be preformed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. This estimate may be withdrawn by us if not accepted within 30 days. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. SIGNATURE AND DATE Page 2 (>; J A- "' >IS' CO,. . . . - ..11/ RAPID DRY LOW VOC TRAFFIC PAINTS 7100 - White 7102.. Blaek 7103 - Yellow Lead-Free (PT-lSO) Durability and speed of dry are featured in the fonnulation of these paints. The trend in traffic paint formulation has been toward speed of dry, which results in nrinimUlu traffic tie-up. The paillt call be appli"u wilhuuL I.h~ expt:nsive and sophisticated application equipment needed for some of the new fast-drying paints. 50-60 150 Beads (Type A Drop-On) shaH be applied by drop-on nlethod at lORt.e of ~h{ to eight pounds per U.S. gallon of traffic bead binder. Tests are per Federal Standard 'IT-P-141c. Meets the Performance Requirements of Federal Specification, TT-P-l1SF and TT-P-110C for Black. TESTINGtrEST METHOD (.-\: .......:.. Contrast Ratio: S Mils Wet, minimum 1~ MU. Wet, mlldmum Bleeding, ATM D..969, minimum Reflectance, mioimum. VOC gblS/liter, Maxmum I~-"'. White Yellow Black 11.79:1:0.33 11.39:t:O.33 54.W.0 53.3:2.0 37.0 72.2~2.0 71.5=2.0 7~ - 90 4 10 No erackiDg 0.92 0.86 0.98 0.98 1.0 0.90 0.90 N/A. 85 N/A 'All Pervo's product meet SCAQMD and California air pollution requirements I 4 t, ^~dWO~ lNI~d OAM3d 9 es: 39 Af'l .;.P. ~.l9$ 31 38Pf1 :10R-:on INiE:Rf'~nCt~L 213227'5t70 P.03 ~~ . 1 Z 3 P . 7/7 / O Potters IndUltries InC. In -'fili_ rJ 11M PQ CDrporIIJon September 02, 1999 Interstate 1raffic Control P~oQ~ets 1600 Gil~r.th ioa~ Uurli~9~m9, CA 94010 Potten Indusmes, tJ1~# 4665 Fina.."lo' Way Kinarnan, /\2. i6401 Tel: (S20) 757.8666 Toll Free (888) 821.296& MaieriU CerUftYl&. This is to certify tha.t Potters IhduJtrlll, Inc. Iupplies TMT Palhwtzy with glus bcads that meet Of exceed the lJ'Cl'i1!cations for the California State Spec. Bead Type l1li2 with Moilturo ProotCOltina under California Qoc1e 1;810-004. Quality Control data to Sub5t&l\date thh cc:tifieatjon ls on file an our QuAlity Con.trol Laboratory and is available upon requMt By:/J)i~~ 1bq/~ k,5'15 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 ofTiburon, and its officials, agents and employees. 1.1.3 "Contractor" shall mean Fine Line Striping and its officials, agents, and employees. 1.1.4 "Day" shall mean working day unless specifically designated otherwise. 1.1.5 "Excusable Delay" shall mean an actual delay in the performance of the Work by Contractor caused by events to the extent that such events are not reasonable foreseeable and are beyond the reasonable control of Contractor, such as fife, 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 of Tiburon. 1.3.3 Unless otherwise provided in this Contract, the Contractor shall provide, pay for and be responsible for all labor and materials necessary for the proper execution of the Work. The Contractor shall supervise and direct the Work, using the best skill and attention necessary for a contractor experienced and expert in this type of construction. The Contractor shall employ only persons skilled in the task assigned to them and only machinery and equipment of suitable capacity to the task, and operated by an experienced operator. The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, subcontractors and their agents and employees. Notwithstanding the forgoing, nothing in this Contract shall be interpreted to make the Contractor an agent of the Owner. 1.3.4 The Contractor shall promptly correct all Work rejected by the Owner as defective or as failing to conform to this Contract. The Contractor shall bear all costs of correcting such Work. If the Contractor does not, within five (5) days after receipt of written notice from the Owner, commence and diligently complete correction of any deficient or nonconforming Work, the Owner may, without prejudice to any other Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 4 remedy the Owner may have, correct such deficiencies. The Owner shall be entitled to a credit for the cost of su~h correction against the Contract Sum. 1.3.5 The Owner reserves the right to perform work related to the Work with the Owner's own forces, and to award separate contracts in connection with other portions of the Work or other work on the Site. The Owner and the Contractor shall provide for the coordination of the work. The'Contractor shall afford the Owner and separate contractor's reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by this Contract. 1.4 INDEMNIFICATION Contractor shall defend, indemnify and hold harmless Owner from any claims or damages, including attorney's fees, arising from Contractor's performance of this Agreement, with the exception of those claims or damages arising from the active negligence of Owner. In the event that the Owner's active negligence accounts for only a percentage of the liability involve, the obligation of Contractor will be 'for that portion or percentage of liability not attributable to the active negligence of Owner. 1.5 .USE OF SUBCONTRACTS AND OTHER CONTRACTS FOR THE WORK Contractor shall comply with the California Subletting and Subcontracting Fair Practices Act, Cal. Pub. Contr. Code 33 4104 - 4114.1 in the use and substitution of subcontractors. 1.6 CHANGE ORDERS 1.6.1 A Change Order is a written order to the Contractor signed by the Owner and authorizing a change in the Work and/or an adjustment in the Contract Sum and/or the Contract Time. The Contract Sum and the Scheduled Completion Date may be changed only by specific Change Order. Adjustments of Contract Time, Work or Sum may be issued without notice to Sureties, and absence of such notice shall not relieve the Sureties of any responsibilities. ". 1.6.2 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract Change Order. The cost or credit to the Owner resulting from a change in the work shall be determined, at the Owner's option, by mutual agreement between the Owner and Contractor, or on the basis of time and material actually and properly incurred, plus a twenty percentage fee for profit and overhead. 1.7 TERMINATION OF THE CONTRACT 1.7.1 If the Contractor becomes bankrupt or insolvent or is guilty of a substantial violation of a provision of this Contract, and fails within five (5) days after receipt of notice to commence and continue correction of such default with diligence and promptness, the Owner may, without prejudice to any other remedy the Owner may have, terminate the employment of the Contractor and take possession of the Site and of all materials and equipment thereon owned by the Contractor as necessary to complete the Work. 1.7.2 The Owner may terminate the performance of the Work in whole or in part, whenever the Owner determines that such termination is in the best interests of the Owner. Any such termination shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which the performance of the Work is terminated, and the date upon which termination becomes effective. Upon such termination for convenience, Contractor shall stop all Work and be entitled to reasonable compensation for Work performed and accepted under this Contract. Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 5 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 or his representative. Within 20 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 (I 0%) retention, as provided by Public Contract Code 3 22300. Alternatively, Contractor may submit a lump sum invoice for the total work cost upon fmal completion. 2.1.3 No payment shall constitute an acceptance of any Work not in accord~ce 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 co~tractual obligations to the extent necessary to protect the Owner from damage, injury or loss. Without iliniting 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 following 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 PINAL PAYMENT 2.2.1 Upon Pinal Completion of the Work, Owner shall pay Contractor the fmal 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 fmal payment an amount not to exceed 150% of the disputed amount. No payment shall be construed to be an approval or acceptance of any defect in Work or improper materials. 2.2.2 Prior to fmal 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. Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 6 2.2.3 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, fmal 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 DELf\.VS AND EXTENSIONS 2.3.1 The Scheduled Completion Date shall not be extended except to the extent that the Contractor is actually prevented from completing the Work before the Scheduled Completion Date because of an Excusable Delay. 2.3.2 In the event that Contractor is actually delayed on the performance of the Work by any Excusable Delay and because of said Delay is unable to complete the work by the Scheduled Completion Date, Contractor's sole remedy shall be an extension of time for a period equal to the length of such Excusable Delay. In no event shall it be entitled to a monetary payment over and beyond the Contract Sum. Actual delays in activities that do not prevent the Contractor from completing the work by the Scheduled Completion Date will not constitute an "Excusable Delay" nor be a basis for changing the Scheduled Completion Date. 2.4 GUARANTEE Independent of applicable manufacturers' warranties of materials used, for a period of one (1) year after acceptance by the Owner, the Contractor shall guarantee all work performed under this contract. Any failure caused by defective materials or workmanship shall be promptly repaired or replaced at the Contractor's expense. Failure of the Contractor to make such corrections will cause the Town to make or have made any necessary repairs at the Contractor's expense. The warranty period starts when a notice of completion is filed with the County or when fmal payment is made if a notice is not filed. ARTICLE 3 WORK MANAGEMENT RESPONSmILITIES 3.1 SAFETY PRECAUTIONS AND PUBLIC CONVENIENCE 3.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. This duty shall extend, without limitation, to the safety of all employees on the Work and all other persons who may be affected thereby; all the Work and all materials and equipment to be incorporated therein; other property at the Site or adjacent thereto, and the work of the Owner or other separate contractors. Without limiting the foregoing, Contractor, not Owner, shall remain fully responsible for the disposition and the exposure to persons of materials, whether or not hazardous. Contractor remains fully responsible for the handling of and the removal of products and systems and shall take necessary measures to protect employees, subcontractors, general public, design consultants and others. 3.1.2 The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall provide for the convenience of abutting owners along the right-of-way as far as practicable. No material or equipment shall be stored where it will interfere with the free, safe, and convenient passage of public traffic. Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 7 3.2 SITE MANAGEMENT AND CLEAN UP The Contractor shall confme 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 daily work, the Contractor shall remove from and about the Work such waste and rubbish, and the Contractor's tools, construction machinery, equipment, surplus materials and other property. Good and reasonable house-keeping practices shall be applied at the end of each working day, as approved by the Owner. ARTICLE 4 INSURANCE 4.1 CONTRACTOR'S LIABILITY INSURANCE Contractor shall provide and maintain insurance as set forth in this Article on behalf of the Owner. 4.1.1 Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or equivalent. Policy limits shall.be no less than one million dollars oer occurrence for all coverages and two million dollars general aggregate. Owner and its employees and agents shall be added as additional insured using ISO form CG 70 57 (03-96) or equivalent. Coverage shall apply on a primary, non- contributing basis in relation to any other insurance or self-insurance, primary or excess, available to Owner or any employee or agent of Owner. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. 4.1.2 Business Auto Coverage shall be written on ISO Business Auto Coverage from CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to any umbrella policy required above for a total limit of no less than five million dollars each accident. 4.1.3 Workers Compensation/Employer's Liability shall provide workers compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars per accident or disease. Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the Owner. 4.1.4 Contractor and Owner further agree as follows: 4.1.4.1 All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 4.1.4.2 Unless otherwise approved by Owner, Contractor's insurance shall be written by insurers authorized to do business in the State of California and with a minimum ABest's Insurance Guide rating of AA:Vll. Self- insurance will not be considered to comply with these insurance specifications. Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 8 4.1.4.3 Contractor shall provide evidence of the insurance required herein, satisfactory to Owner, consisting of certificate( s) of insurance evidencing all of the coverages required .and an additional insured endorsement to Contractor's general liability and umbrella liability policies using ISO fonn CG 70 57 (03-96) or similar 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. 4.1.4.4 Contractor shall require all subcontractors or other parties hired for this Work to purchase and maintain insurance of the type specified above .naming as additional insureds all parties to this Contract. Contractor shall make reasonable efforts to ensure that such coverage is provided as required here. 4.1.4.5 Contractor shall provide immediate notice to Owner of any claim or loss against Contractor that includes Owner as a defendant. Owner assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling or any such claim or claims if they are likely to involve Owner. 4.1.4.6 In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor shall be personally responsible for any an all losses, claims, suits, damages, defense obligations and liability of any kind attributed to Owner as a result of such failure. 4.1.4.7 Contractor shall not attempt to avoid its defense and indemnity obligations to Owner by using as a defense Contractor's statutory immunity under workers compensation and similar statutes. 4.1.4.8 Contractor shall ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Contractor and Owner or between Owner and any other insured or Named Insured under the policy, or between Owner and any party associated with Owner. 4.2 OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 4.2.1 General Liability and Automobile Liability Coverages 4.2.1.1 The Owner is to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall 'contain no special limitations on the" scope of protection afforded to the Owner. 4.2.1.2 The Contractor's insurance coverage shall be primary insurance as respects the Owner. Any insurance or self-insurance maintained by the Owner shall be excess of the Contractor's insurance and shall not contribute with it. 4.2.1.3 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Owner. 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. Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 9 4.3 SUBCONTRACTORS Contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. ARTICLE 5 PREV AILING WAGE REQUIREMENTS 5.1 GENERAL REQUIREMENTS 5.1.1 The Contractor shall forfeit as penalty to the Owner $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or by any subcontractor under him, in violation of the provisions of the Labor Code of the State of California, and in particular, Section 1770 to 1780 thereof, inclusive. The general rate of prevailing wages is on file in the Owner's offices. 5.1.2 The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workman employed on the Work. The difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor pursuant to the requirements of Section 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 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 of Industrial Relations of the State of California and determined by the Town, which said rates are made a part hereof, incorporated herein by reference as though fully set forth. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workman employed on the Work. 5.1.5 Attention is directed to the provisions of Section 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. The Contractor and any subcontractor shall comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and 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 1 773.8 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 Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 10 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 1 776 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 ..th~ e~ght (8) hours. in violation of the provisions of Sections 1810 to 1816, inclusiye, of the Labor Code of the State of California. ARTICLE 6 DISPUTE RESOLUTION 6.1 MEDIA nON The parties will make a good faith attempt to resolve any disputes arising from this Agreement through mediation prior to initiating litigation. The parties shall mutually agree upon a medj~tor and shall share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMSIENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and the mediator thereafter remaining shall hear the dispute. 6.2 ARBITRA nON 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 award rendered by the arbitrator or arbitrators shall be fmal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 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 ordinanc.es 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. Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 11 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, frrm or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and his sureties shall be liable for loss or damage which the Owner may suffer thereby, and the Owner may advertise for new bids for said work. 7.5 EQUAL OPPORTUNITY Contractor shall comply with the provisions of Section 1 735 of the Labor Code of the State of California, which provides as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." END OF GENERAL CONDITIONS Fine Line Striping, Inc. - 2008 Long-Line Striping Maintenance 12 From: Kim Smith At: Sheppard & Assosciates FaxID: To: Donnell or Richard Date: 1/812008 08:59 AM Page: 2 of 3 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 1~ DAlE (MMlOOIVVYY) FINEL-l 05/04/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONfERS NO RIGHTS UPON THE CERTIFICATE Sheppard & Assoc Ins Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8035 Madison Ave Suite Fl AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Citrus Heights CA 95610 Phone: 916-966-9292 Fax: 916-966-0202 INSURERS AFFORDING COVERAGE NAlC# INSURED INSURER A: Maryland Casualty Company INSURER B: Unitrin Speciality Fine Line st;iEina' Inc. INSURER c: Donnell or R1C ar P.O. Box 1836 INSURER D: Rohnert Park CA 94928 INSURER E COVERAGES THE POllCI~S Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAl-JED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMEN1, 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 "'""''' NSRC POLICY NUMBER D't~(ri,~,w,t: "DATi! (MMJDDJYY) LIMITS LlR TYPE OF INSURANCE GENERAL UABILllY EACH OCCURRENCE $ 1000000 - 11/25/06 11/25/07 PREMISES (E~"~~'c~~ence) A X X COMMERCIAL GENERAL LIABILITY SCPOO1999442 $ 300000 - ~ CLAIMS MADE ~ OCCUR iviED EXP (Anyone person) $ 10000 - PERSONAL & ADV INJURY $ 1000000 - GENERAl AGGREGATE $ 2000000 - GEN'l AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2000000 I n PRO- nlOC POLICY JECT AUTOMOBILE LIABlUlY COMBINED SIN'GLE LIMIT - $ ANY AUTO FCFICV1103922 06/30/07 06/30/08 (Ea accident) - All OWNED AUTOS BODilY INJURY - (Per person) $ B X SCHEDULED AlJTOS - X HIRED AUTOS BODilY INJURY - $ X NON-OWNED AUTOS (Per ace ident) - - PROPERTY DAMAGE $ (Per ace ident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA UABll.IlY EACH OCCURRENCE $ o OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TOR'), t:MI1~ I IUIM. ER EMPLOYERS' LlABlUlY E.l. EACH ACCIDENT $ ANY PROPRJETORlPARTNERlEXECUTIVE OFF ICER/MEUBER EXCLUDED? E l. DISEASE. EA EMPLOYEE $ If yes, describe under El. DISEASE. POLICY LIMIT $ SPECIAL PROVISIONS below O'THER DESCRIPTION OF OPERATIONS I LOCA TlONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Cancellation Exception: 10 Day notice for nonpayment of premium TOWNO" CANCELLATION SHOULD ANY OF iHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 'THE EXPIRATION DAlE 'THEREOF, 'THE ISSUING INSURER WILL E~AIL 30 DAYS WRITTEN NOTICE TO 'THE CERTlFICAlE HOLDER NAMED TO lHE LEFT. BUT F~llHALL IMPOSE NO OBLIGA 110N OR UABILllY OF ANY KIND UPON 'THE INSURER, ITS AGENTS OR REPRESENTATIVES. ~SE @ACORD CORPORATION 1988 CERTIFICATE HOLDER Town of Tiburon Attn: Nicholas Nguyen 1505 Tiburon Blvd. Tiburon CA 94920 ACORD 25 (2001/08) From: Kim Smith At: Sheppard & Assosciates FaxID: To: Donnell or Richard Date: 1/812008 08:59 AM Page: 3 of 3 POLICY NUMBER: SCP001999442 COMMERCIAL GENERAL LIABILITY CG 20 10 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZA TION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organ ization; Town of Tiburon (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 Inusred (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 ongoing operations performed for that insured. THE INSURANCE PROVIDED BY THIS ENDORSEMENT IS PRIMARY INSURANCE AND WE WILL NOT SEEK CONTRIBUTION FROM ANY OTHER INSURANCE AVAILABLE TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE UNLESS THE OTHER INSURANCE IS PROVIDED BY A CONTRACTOR OTHER THAN YOU FOR THE SAME OPERATION AND JOB LOCATION. THEN WE WILL SHARE WITH THAT OTHER INSURANCE BY THE METHOD DESCRIBED IN PARAGRAPH 4.C. OF COMMERCIAL GENERAL LIABILITY CONDITIONS (SECTION IV). C G 20 10 03 97 A Copyright Insurance Services Office, Inc. 1996 Page 1 of 1 Cl POLICYHOLDER COpy NC STATE COMPENSATION INSURANCE FUND P.O. BOX 420807, SAN FRANCISCQ,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-14-2008 GROUP: 000841 POLICY NUMBER: 0000838-2007 CERTIFICATE 10: 112 CERTIFICATE EXPIRES: 10-01-2008 10-01-2007/10-01-2008 TOWN OF TIBURON 1&05 TIBURON BLVD BELVEDERE TIBURQN CA 94920-2&30 NC This is to certify that we have issued a valid Workers' Compensation insurance policy In a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain. the insurance afforded by the policy described herein is subject to all the terms. exclusions, and conditions, of such policy. d:::'REPRESENTA TI EMPLOYER'S LIABILITY LIMIT ~~ PRESIDENT INCLUDING DEFENSE COSTS: $1 .000.000 PER OCCURRENCE. ENDORSEMENT #1800 - RICHARD REED PRES TRES - EXCLUDED. ENDORSEMENT #1800 - PAULA REED SEC VP - EXCLUDED. ENDORSEMENT #208& ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER FINE LINE STRIPING INC PO BOX 1836 ROHNERT PARK CA 94927 NC [TBT,CN] (REV.2-0&1 PRINTED 01-14-2008