HomeMy WebLinkAboutAgr 2008-01-17 (Gardeners Guild)
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TOWN OF TIBURON
TIBURON, CALIFORNIA
OWNER-CONTRACTOR AGREEMENT
2008 MEDIAN LANDSCAPING ENHANCEMENT PROJECT
TIllS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this (7 tciay
of ~~"1' ,2008, by and between the TOWN OF TIBURON, a municipal corporation, 1505
Tiburon Boulevard, Tiburon, CA 94920, ("Owner"), and GARDENER'S GUILD, INC., 2143 E. Francisco
Blvd, San Rafael, CA 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 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$8.005.00 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 10 working davs 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
The Work (Contractor's Work Proposal not inclusive of terms
and conditions)
General Conditions
Exhibit B
Gardener's Guild, Inc. - 2008 Medians Landscaping Enhancement
IN WIlNESS WHEREOF, the parties to these presents have hereunto set their hands the day and
year fIrst herein above written.
TOWN OF TIBURON
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~I\....--- Ann R. Danforth, Town Attorney
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EXHIBIT A
CONTRACTOR'S PROPOSAL
(attached)
Gardener's Guild, Inc. - 2008 Medians Landscaping Enhancement
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2143 E. Francisco Boulevard, San Rafael, CA 94901
Phone (415) 457-0400 Fax (415) 457-2373
Proposal For Extra Work
Contact: Joel Brewer
Company: Town of Tiburon
Site #: 0581
Site Name: Tiburon Medians
Submitted bY:
Contact: Randy yancy
Date: 12/12/2007
Submitted to:
Description of Work: Installation, transplanting and irrigation.
Location of Work: Selected areas through out median strips.
Scope of Work: Install 158 (1gal.), 17(5gal.) and 35 (2gal.) shrubs and perennials.
Plants to include lantana, melalueca, oleander, pennisetum I
coleonema, nandina, euonymus, goldenrod and carpet roses. In
selected areas transplant existing carpet roses and nandinas. Clean
up and haul away related debris.
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$8,005.00
Additional Comments: Proposal includes extending drip irrigation to transplants and new
plantings. Transplanted plant material not warrantied. Proposal
does not include any transplanting of phormium.
Client Authorization to Proceed: ~ I
Date I
(please fax back signed copy or reply to e-mail indicating approval)
Notes:
All new plants to be fertilized and watered in.
New plants under the care of GGI are warrantied for one-year against defects
Unless specified, all other work is excluded.
Work to be invoiced commensurate with completion with all invoices due net 30.
Past due invoices will be subject to service charges at a rate of 1.5% per month (18% per annum).
12/1212007 -1:27 PM
0581 medians revised - Client Proposal
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Page 1 of 1
Nicholas Nguyen
From: Randy Yancy [RYancy@gardenersguild.com]
Sent: Tuesday, January 29, 2008 12:32 PM
To: Nicholas Nguyen
Cc: Joel Brewer; anderson-gram@comcast.net
Subject: Plant list
Nicholas,
Here is the plant list that includes the plants that are being installed in selected areas in the median strips. Please review it
and let me know if you have any questions.
1. Lantana "Gold Rush" /39 (1gal.)
2. Solidago "Fireworks" /8 (1gal.)
3. Oleander (white non-dwarf) /10 (5gal.)
4. Pennisetum "Rubrum" /10 (1gal.)
5. Coleonema "Sunset Gold" /61 (1gal.)
6. Phormium "Dark Delight" /1 (5gal.) and "Sundowner" /5 (5gal.)
7. Nandina "Gulf Stream" /24 (1gal.) and 7 (5gal.)
8. Euonymus "Golden Prince" 16 (1gal.)
9. Carpet roses (yellow) /35 (2gal.)
10. Melalueca (dwarf & multi-trunk) 1 (5gal.)
The transplanting of the roses and nandinas is completed. The planting of the oleanders and coleonema started today.
Thanks,
Randy
1/29/2008
/t-Z
-
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 Gardener's Guild. Inc. 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 frre, 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
Gardener's Guild, Inc. - 2008 Medians Landscaping Enhancement
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remedy the Owner may have, correct such deficiencies. The Owner shall be entitled to a credit for the cost of
such correction against the Contract Sum.
1.3.5 The Owner reserves the right to perform work related to the Work with the Owner's own
forces, and to award separate contracts in connection with other portions of the Work or other work on the Site.
The Owner and the Contractor shall provide for the coordination of the work. The Contractor shall afford the
Owner and separate contractor's reasonable opportunity for the introduction and storage of their materials and
equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required
by this Contract.
1.4 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless Owner from any claims or damages, including attorney's
fees, arising from Contractor's performance of this Agreement, with the exception of those claims or damages
arising from the active negligence of Owner. In the event that the Owner's active negligence accounts for only
a percentage of the liability involve, the obligation of Contractor will be for that portion or percentage of
liability not attributable to the active negligence of Owner.
1.5 USE OF SUBCONTRACTS AND OTHER CONTRACTS FOR THE WORK
Contractor shall comply with the California Subletting and Subcontracting Fair Practices Act, Cal. Pub. Contr.
Code 33 4104 - 4114.1 in the use and substitution of subcontractors.
1.6 CHANGE ORDERS
1.6.1 A Change Order is a written order to the Contractor signed by the Owner and authorizing a
change in the Work and/or an adjustment in the Contract Sum and/or the Contract Time. The Contract Sum
and the Scheduled Completion Date may be changed only by specific Change Order. Adjustments of Contract
Time, Work or Sum may be issued without notice to Sureties, and absence of such notice shall not relieve the
Sureties of any responsibilities.
1.6.2 The Owner, without invalidating the Contract, may order changes in the Work within the
general scope of the Contract Change Order. The cost or credit to the Owner resulting from a change in the
work shall be determined, at the Owner's option, by mutual agreement between the Owner and Contractor, or
on the basis of time and material actually and properly incurred, plus a twenty percentage fee for profit and
overhead.
1.7 TERMINATION OF THE CONTRACT
1.7.1 If the Contractor becomes bankrupt or insolvent or is guilty of a substantial violation of a
provision of 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.
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ARTICLE 2
PAYMrnNTSANDCOMWLETION
2.1 PAYMrnNTS
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, frrm or corporation shall be entitled to receive any part thereof. Contractor shall have the
option of substituting acceptable securities for the ten percent (10%) retention, as provided by Public Contract
Code 322300. 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 frrst, 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 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 FINAL PAYMENT
2.2.1 Upon Final 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.
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2.2.3 Acceptance by the Contractor of fmal 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 DELAYS AND EXTENSIONS
2.3.1 The Scheduled Completion Date shall not be extended except to the extent that the Contractor
is actually prevented from completing the Work before the Scheduled Completion Date because of an
Excusable Delay.
2.3.2 In the event that Contractor is actually delayed on the performance of the Work by any
Excusable Delay and because of said Delay is unable to complete the work by the Scheduled Completion Date,
Contractor's sole remedy shall be an extension of time for a period equal to the length of such Excusable
Delay. In no event shall it be entitled to a monetary payment over and beyond the Contract Sum. Actual
delays in activities that do not prevent the Contractor from completing the work by the Scheduled Completion
Date will not constitute an "Excusable'Delay" nor be a basis for changing the Scheduled Completion Date.
2.4 GUARANTEE
Independent of applicable manufacturers' warranties of materials used, for a period of one (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 tiled with the County or when fmal payment is made if a notice is not filed.
ARTICLE 3
WORK MANAGEMENT RESPONSffiILITIES
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.
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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 Der occurrence for
all coverages and two million dollars general ag2feflate. 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.
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4.1.4.3 Contractor shall provide evidence of the insurance required herein, satisfactory to Owner, consisting of
certificate( s) of insurance 'evidencing all of the coverages required and an additional insured endorsement to
Contractor's general liability and umbrella liability policies using ISO form CG 70 57 (03-96) 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, le~ed 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 Drimary 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.
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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
PREY AILING WAGE REOUIREMENTS
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 typ~ 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 erriployment 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
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and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee
employed by the Contractor or subcontractor in connection with the Work. The payroll records shall be kept in
accordance with the provisions of Section 1776 of the California Labor Code and Contractor and each
subcontractor shall otherwise comply with all requirements of such Section 1776.
5.2 HOURS OF LABOR
The Contractor shall forfeit to the Owner, as a penalty, the sum of Twenty-five Dollars ($25.00) for each
workman employed in the execution of the Contract for each calendar day during which such laborer, workman
or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of
Sections 1810 to 1816, inclusive, of the Labor Code of the State of California.
ARTICLE 6
DISPUTE RESOLUTION
6.1 MEDIATION
The parties will make a good faith attempt to resolve any disputes arising from this Agreement through
mediation prior to initiating litigation. The parties shall mutually agree upon a mediator and shall share the
costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to
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 TION
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 oflimitations. The award rendered by the arbitrator or
arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 GOVERNING LAW
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.
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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 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
Gardener's Guild, Inc. - 2008 Medians Landscaping Enhancement
12
01/17/2008 18:22 FAX
I4J 002/005
1~':' .ACORD,., CERTIFICATE OF LIABILITY INSURANCE I DATil lMIIIVD~
01/17/2008
P"ODUCE" THIS CERTIFICATE IS IS.SUED AS A MAnER OF INFORMATION
W oodru ff-Sawyer & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
220 Bu~ll St., 7th Floor WOlDER. THIS CERTIFI/:ATE DOES NOT AMEND, EXTEND OR
San Francisco CA 94104 ALTER THE COVERAGE AfFORDED BY THE POLICIES aeLOW.
(415) 3!11-2141 INSURE~S AFFORDING COVERAGE HAle.
.-
INIURID INSU..eRA: Zwich American Inltlllftee Company 16535
Gardeners Guild, Inc, INSUREFt B~ Zurich Ammean 1nJ\\I'IftU COIllpUlY of Illinou 218S5
2143 B franciaeo Blvd.
San Raflel. CA 94901 INSURE" C: .-
INSURER D:
I INSUReR E~
THe POLICies OF INSURANCE uSTEO BELOW HAVE BEEN ISSUED TO THE INSuRED NAMED ABOVE FOR THE POlICV PERIOD INDICATED. NOTWITHSTANDING
A~ REQUIREMENT. TERM OR CONDITION OF ANV CONTRACT OR ontER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAV peRTAIN. THE INSURANCE AFFORDED BY THE POLICIES DeSCRIBED HEREIN 18 SUBJECl TO All THE n:RMS, EXCLUSIONS AND CONDITIONS OF SUCH
POliCIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
a~:: ~t~ flOUCY NUMID POLICY ~"!C11V1 'OUC'Y IiiXPIMn(IN l.-rn
X ~N!IW. LlAlllnY CP0427793S00 10/01/2007 10/01/2008 EACH occuRRENCE S I non nnn
,x. :::iMEAC;I~ GENERAL LIAIILlTY ~,~~~~~NIt!U S 300.000
A .- CLAIM' MADE [XJ OCCUR MED EXP (My OM DeIWl") S 10.000
- PER8~ . /4DV INJURY $ 1 000.000
- GENERAL AOOREOAU S 2.000.000
~'L AGGRTXlE LIMIT APPlIES PER: PRODuCTS. COMPIOP AGG S 2_000 000
POLICY X ~~~ l=r LOe
A ~IIOIUL~W.IILITY CP0427793500 10/01/2007 10/01/2008 eo~.~ SINGLE LIMn I 1,000,000
~ ANY AUTO (Ea aacId.nl)
- ALl owNED AUTos EIODll Y INJURY
I
SCttEDULED AUTOS (Per pMOn)
X HIRED A\1TOS BODILY INJURY
X (P. aoddeft) S
N9N-owNEO AuToS
,- PROPERTY QAMACJE S
(,., Itddlnl)
ROADEUUUTT AUTO ONLY - EA ACCIDENT .
NlVAUTO Oll'lERTHAN EA ACC I
MO ONLY: AGG $
aa&MJMI"ELLA UA8ILrTY EACH OCCURRENCe .
=:J OCCUR D CLAIMS MACE AOoAEB4TE S
I .-
R DEDUCTIBLE S
RElliNTICN $ S
B WOnK!UCOIIPDlUTlDN AND WC427793600 10/01/2007 1 % 1/200~; X I we STAlUo I 1 OJ,t'-
EMP1.0YERa' UAIIUTY E.l. fACH ACCIOENT I 1.000-,-000
AtIV PROPRJnORlPARfNEWEXJ:CUTIVE 1.000.000
OFFICER/MEMBER EXCLUDED? E.L DIBEASE . eA EMPlOYEE .
~,lEE~~:.rNS belaw E.L DISEASE. POLIO\' ..aWrT I 1.000.0()()
OTHER S
S
$ -
DEICRIP110N Of OPEAATtOMa I LCCAnoH" Vl!HICL!I , DeLUSIONS ADDED BY ENElOaE...EN, I SPECIAL PIIO\IIIIDNI
Job #0581, Town ofTiburon.Medians.
Primary and non-contributory wording is provided by endorsementl1-GL-1175-A CW 09 03 attlched. To",," of Tiburoft, itl eD;ploytes and agenll are
named as additional insured per form U-GL.117S-A CW 09 03 auached.
CERTIFICATE HOLDER
COVERAGES
Town ofTiburon
1505 Tiburon Blvd
Tiburon, CA 94920
CANCELlATION 10 Day Notice (arNon.Payment offremiwn
SHOULD ANY OF THE ABOVE D!8c:fU8ED POuau 86 CANCELLEO BEf101tI! THI! EX..lRAnoN
DATI! THIi"IOF, THE alauo~o IH'IUREA WtLl ENDEAVOR TO MAIL 12.- OAYS WIUTTEN
HanCE TO THI! Cl!tm"'CATf HOl.DlR NAMED TO THE L.En. IUT ..AlLURE TO DO eo 8HAI.l
IMPOIE NO 08L.I<MTION OR L1ArllLlTY 0' ANY KIND UPON THE IHeURER, ITI AGENTS (lj
REPRElEHTATIvtill.
AUYHOlUZ6g RiP..eSENTA11VE /7 ...... n _ ~
LM1"~ V\NfDStJ.tlA
<<> ACORD CORPORATION 1888
I LOA.N -~
ACORD 25 (2001/08) 10 #: Mr. Nicholas T. Nguyen
01/11/2008 1822 FAX
III 003/005
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(les) must be endorsed. A statement
on this certifICate does not confer rignls to the certificate holder in lieu of such enclorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the PCIUCYI certain policies may
require an endorsement. A statement on this certificate does not confer rights to the eertlflcate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does nol constitute 8 contract between
the issuing insurK(s), authorized representative or producer, and the certi~lC8te holder, nor does il
affirmatively or negatively am&nd, 8xtend or aUer the cO\f®& afforded by the poliei.. listed thereon.
ACORD 25 (2001/08)
01/17/2008 16:22 FAX
III 004/005
.~AMED'INSURED; GardcllmJ Guild, Inc.
-
ZuRIC.H
Additional Insured - Automatic - Owners, Lessees Or
Contractors - Broad Form
[
licy No. Eff. Date orPo1. Exp. Date o(Pol. Eft'. nare oCEud. Produc:c:r J\dd'l. Prem
1~P042.7793~OO JOIOII2007 1010 112008 WoodIUft'-S.wycr !:
It Co.
l :-- "..,
Tms ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endoqerncnt modifies the insurance provided under the:
Commercial General Liability Coverage Part
A. WHO IS AN INSURED (Sectlo.. II) is amended to in<:lude as an insured any person or 'Drganization whom you are required
to add as an additional insured on this policy under a written contract Or written agJeement.
B. The msur8Q<:e provided to additional insureds applies only to "bodily injwy", "property damage" or "personal and advertising
injury" covered under Section I. Coverage A, BODILY INJURY AND PROPERTY D'AMAGE LIABILITY and
Coverage B, PERSONAl... AND ADVERTISING INJURY LIABILITY. but only if:
1. The llbodily injury" or ''property damage" reswls from your negligencc; Wld
2. The '"bodily injul}"" "property damage" or "personal and advertising injury" resulUi directly from:
8. Your ongoing operations; or
b. "Your work" completed 8S included in the ''products-completed operations haz;lld", performed for the additional
insured, which il> the subject of the written contract or written agreement.
C. However, regardless of tht; provisioll9 of paragraphs A. and B. above:
1. We will not extend any insurance coverage to any additional insured person or org81Bization:
a. That is not provided to you in this policy; or
b. That is any broadeJ covcrage than yo u are required ro provide to the additional JJ15wed person or olganization in the
wrinen contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of:
a. The Limits oflnsllrance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contraCt or written agteement.
D. The inSUlallCC provided to the additional insUled person or organization does not apply to:
1. "Bodily injury", .'propeny damage" or "personal and advertising injury" that reaults solely from n~gligence of the
additional insured; OJ'
U-GL-117S-A CW (9/03)
Page 1 of2
Includes copyrighted material of Insurnnce Services Offic~) Inc. with its permission.
01/17/2008 1823 FAX
I4J 005/005
. 2. '''Bodily injwy'\ ''property damagett or upersonal and advertising injury" arising out of the rendering or failure to
render any professional architectural, engineering or surveying services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, repons, surveys,
field orders, change oIders or drawings and specifications; and
b. Supervisory, insp~ctiOD, architectural or engineering Ilctivities.
E. The additional insured mu,,' see to it that:
1. We are notified as soon a9 practicable of an "occurrencen or offense that may result in a claim:
2. We receive written notice oC a claim OJ "suit" IS soon 8.9 practicable; and
3. A request for defense and indemnity of the claim or "guit" will promptly be brought against any policy issued by
another inlurer under which the additional insured also has rights as an insured or additional insured.
F. The insU1"8I!ce provided by this endorsement is primary insurance and we will Dot seek cO:Dtribution from any other
insurance available to any additional insured person or organization unless the other insurance is provided by a
conlnlctor other than you for the same operations Dnd job location. Then we will sbue wi.th that other insurance by the
method described in paragtlph 4.c. of SECTION IV - COMMERCIAL GENERAL LlABILITY CONDITIONS.
/U.IY provisions in this Coverage Part not changed by the terms and conditions of this endo{Sement continue to apply as
w.itten.
Joh #OS81, Town ofTiburon-MeJians.
Primary and non-contributory wording i~ prOvided by endorsement U-GL-1175-A CW 09 03 aruched. Town ofTiburon. it!
empJoyeea and agents are rwnecl u additional iosured per Conn U-GL-117S-A CW 09 03 .ltaChed.
AIIDITIONAL INSURED~ Town ofTiburon, its employees and .gent'
U-OL-1175-A CW (~/03)
Page 2 of2
Jnclud~s copyrighted material ofInsurance Services Office, tnc. with its permission.
01/11/2008 1822 FAX
III 003/005
IMPORTANT
If the certiftcate holder is an ADDITIONAL INSURED. the policy(les) must be endorsed. A statement
on this certifICate does not confer "gntts to the certificate holder in lieu of such enclorsement(a).
If SUBROGATION IS WAIVED. subject to the terms end conditions of the pClllcy. certain policies may
require 8rl endorsement. A statement Orl 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 in9urar(s)I authortzed representative or producer, and the certifilC8te holder. nor does it
affirmatively or negatlvAly amend, extend or alter the CO\lerege afforded by the policies listed thereon.
ACORD 25 (2001/08)
01/17/2008 18:22 FAX
III 002/005
t\ACQRD,. CERTIFICATE OF LIABILITY INSURANCE I DATII\MIlWDIT1'N)
01/17/2008
PRODUCt" THIS CERTIFICATE IS 18.8UED AS A MAnER OF INFORMATION
W oodru ff-Sawyer & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
220 BU!o.ll St., 7th Floor HOLDER. THIS CERTlFIf::ATE DOES NOT AMEND, exTEND OR
San Francisco CA 94104 AL TER TH~ .COVERAGE AFFORDED BY THE POLICIES BELOW.
(415) 391-2141 INSURERS AFFORDING COVERAGE HAle'
INIUflI!D 16535 -
Gardeners Guild, Inc, INSU,.flllA: Zurich American Inltll'lftce Company -
IN$URER I: Zurich American InlllflftU Company oflllinou 218SS
2143 B Ftanciato Blvd.
San Raflel. CA 94901 INSURE~ c: -
INSURER D: .-
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC'f' PERIOD INDICATED. NOTWITHSTANDING
A~ REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR ontER DOCUMENT WITH RESPECT TO WMICH THIS CERTIFICATE MAY IE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFOnDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECr TO All THE TE:RMS, EXClUSIONS AND CONDITIONS OF SUCH
POllCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.~.:: =-: _.. POU(:T NUMBU POLlCT 1!"!C'rIVI 'R~.f.T DPlRAll(IN .......
A
X ..!!,NI!IW.. UAlIlnY
,X.~t4;ACIAL GENERAL LIABI.ITY
,.-W CLAIM8MADE [XJ OCCUR
CP0427793S00
1 % 1/2007
10/01/2008
EACH OCCURRENCE S
DAMMi~ -'91;:~~~\ S
MED EXP (Mv OM 1lIftO") l
PERSON.A&. . ADV II\UURY $
GENERA&. AC30REOATE S
PRODUCTS. COMPfOP AGG S
,-
-
A
~'L AGGR~E LIMIT AP~S PEA;
I POLICY I X I ~:g: I I LOC
~umllOlULI! UAM.lTY
,~ ""Y AUTO
f- ALl owNeD AI1tos
i-- SCHEDULeo AUTOS
l.X. HIRED AUTOS
X NQN-owNED Autos
PAOPERTY DAMACJE
(..., Itlddenl)
10/01/2008
eo~JINJiO SINGLE LIMn
(Ea 1&1dii.nt)
CP0427793500
1 % 112007
IIODIL Y IWURY
tP<< pelWn)
BODILY INJURY
tPw ICddMA)
-
~RAQEUUlUTY
--, ANY AUTO
AUTO ONt Y - fA ACCIDENT I
EA ACC I
AGG $
S
01l4ER THAN
AUTO ONLY:
aC2IWMI"fLU lJUlLITY
=:J OCCUR D CLAIMS MACE
EACH OCCURRENCE
ADoRE BATE
I DEDUCTIBLE
--, RETliNTION S
B MlftK!'" caII~Dl8A'TJDN AND
EMP\,OYEU' UA.IUT't
ANY PROPRJETORIPARTNEWUECUTIVE
OFFICERlMBtIEA EXCLUDED?
:.reE~-r~~crN5 belgw
. DTHER
10/01/2007
1 %1/200f;
X I.~~HH~..I 10J".t'-
E.L. eACH ACCIDENT $
E.L DI8EAf11! .eAEMPlOYEE .
E.L DISEASE, POliCY L.ltllT .
S
S
$
WC42779l600
IlVlll Mn
-
JOO~o..
10.000..
1.000J)()9,.
2000000
2.000 000
I
1,000,000
I
s
s
I
l
S
S
1 000.000
1.000.000
1.000. DUO
DE.CRIP110N OF OPERATION' I LOCAT1OH.' Vl!HICL!8/I!XCLUSIONa ADDED BY ENDOuEMENT I SPECIAL ItM)VlIIONl
Job #0581, Town ofTiburon..Medians.
Primary and non-contributory wording is provided by endorsement U-GL-117S-A CW 09 03 attached, TO"II\ of Ti buroll , it. m\ployees and agent! are
named as additional insured per farm U-GL.117~-A CW 09 03 lached.
CANCELLATION 10 nay NOllce {arNon.Payment oCFremium
S HOUl.ll ANY OF THE A80V~ D!8C:,.8ED POllan B6 CANCELLED aE'OItI!! TH! EXlltRA 110"
DATI! THi,.IIDF, THE IBIUING IM'IURER WlU. ENDEAVOR TO MAIL 12.- DAn WRlTTtN
HaneE TO THI CIRTlPlc.A"f! HOl.DER HAMiD TO THE LEn. BUT 'AlLURE 10 DO ao .HAll
IMPOSE NO 08LlGATION OR L1AIIILlTY 0' AtlY KIND UPON THE INIUREA. rTl AGENTS (l~
REPRESENT A TIYlill.
AUTHOfUZED RiPU81E!NTAnve (l,nll C't ~ OS iJ"V A
q:) ACORD CORPORATION 1988
CERTIFICATE HOLDER
Town ofTiburon
1505 TibUIon Blvd
Tiburon, CA 94920
I
LOAN ,,~
ACORD 25 (2001/08) ID #:
Mr. Nicholas T. Nguyen