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Agr 2009-06-29 (Conservation Corps)
TOWN OF TIBURON TIBURON, CALIFORNIA MIDDLE RIDGE TRAIL VEGETATION REMOVAL OWNER-CONTRACTOR AGREEMENT THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this day of Z~ , 2009, by and between the TOWN OF TIBURON, a municipal corporation, 1505 Tiburon oulevard, Tiburon, CA 94920, ("Owner"), and t i 5 r.VA-rt o/J co gps gA y , 27 Larkspur Street, 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 $7, 000.00 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 S 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) Exhibit B General Conditions Conservation Corps IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first herein above written. 4 TOWN OF TIBURON APPROVED AS TO FORM: By Nicholas Nguyen, ublic Works Ann R. Danforth, Town Attorney CONTRACTOR: Bya Print ~0,r"Aee Title L x@~wT : r-e ckule- Contractor's License No. to 9 0 O ~ Expiration Date: Conservation Corps 2 EXHIBIT A CONTRACTOR'S PROPOSAL (attached) Conservation Corps ExxrBrr _ /k PROPOSAL 6/19/09 Conservation Corps North Bay CONTRACTORS LIC. #690064 27 Larkspur Street, San Rafael, CA 94901 and The Town of Tiburon Vegetation Clearance Scope of Work Conservation Corps North Bay will supply to The Town of Tiburon a supervised crew of Corpsmembers to work on the following tasks: CCNB will remove vegetation for the purpose of fire fuel reduction and habitat enhancement. Branches will be chipped on site and any rounds will be stacked neatly beside the fire road. Fiscal Display Charges are based on a labor rate and materials and equipment expenses as follows and as required: Dump truck, $125; Chipper, $300 per day; Extra vehicle, $75 per day; Disposal costs and materials are billed at cost plus 10% handling. The hourly labor rate is $23 per Corpsmember hour and $43.75 per Supervisor hour. A typical crew of 10 Corpsmembers and 1 Supervisor is $2,190.00 per day plus expenses. Billing includes travel time to and from the MCC Center. Labor (7 cm crew @ $1638 x 3 days ($4914) + 9 cm crew @ $2006 x 1 day ($2006) + 1 cm @ $23 x 3.48 hrs ($80)) Total estimate (all labor): $7,000.00 Labor and services will be provided until total costs equal Seven Thousand Dollars or the scope of the work is completed, whichever comes first. Actual daily costs may vary due to attendance. This proposal is good for two months. 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 Co r+ s e F- VA'r 16tJ & K?I Iy oe-rk t) Al and its officials, agents, and employees. 1.1.4 "Day" shall mean working day unless specifically designated otherwise. 1.1.5 "Excusable Delay" shall mean an actual delay in the performance of the Work by Contractor caused by events to the extent that such events are not reasonable foreseeable and are beyond the reasonable control of Contractor, such as fire, flood, earthquake or unusually and unforeseeably severe and abnormal weather conditions, war, embargo, or sabotage. 1.2 CONTRACT CONDITIONS The Contractor shall carefully study this Contract and shall at once report in 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 Conservation Corps 4 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 Cpntract. Conservation Corps 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 (10%) retention, as provided by Public Contract Code 3 22300. Alternatively, Contractor may submit a lump sum invoice for the total work cost upon final completion. 2.1.3 No payment shall constitute an acceptance of any Work not in accordance with this Contract. The Contractor warrants that title to all components of the Work will pass to the Owner either by incorporation in the construction or upon receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances of any kind. 2.1.4 The Owner may withhold payment in whole or in part if the Contractor fails to perform its contractual obligations to the extent necessary to protect the Owner from damage, injury or loss. Without limiting the foregoing, Owner may without payment as necessary to correct defective Work not remedied; defend from existing or likely third-party claims, remedy the failure or likely failure of payments to subcontractors, or for labor, materials or equipment; or damage to the Owner or another contractor. 2.1.5 The Contractor 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 pay or 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 final payment and any remaining retainage. Notwithstanding the foregoing, in the event of a dispute between Contractor and the Owner, the Owner may withhold from the final payment an amount not to exceed 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 final payment, if requested by Owner, Contractor shall submit a written certification that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might in any way be responsible, have been paid or otherwise satisfied, and if required by the Owner, other data establishing payment or satisfaction of all such obligations to Owner's satisfaction. Conservation Corps 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, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this contract for the Contractor's bond for faithful performance and Contractor's payment bond. 2.3 DELAYS AND EXTENSIONS 2.3.1 The Scheduled Completion Date shall not be extended except to the extent that the Contractor is actually prevented from completing the Work before the Scheduled Completion Date because of an Excusable Delay. 2.3.2 In the event that Contractor is actually delayed on the performance of the Work by any Excusable Delay and because of said Delay is unable to complete the work by the Scheduled Completion Date, Contractor's sole remedy shall be an extension of time for a period equal to the length of such Excusable Delay. In no event shall it be entitled to a monetary payment over and beyond the Contract Sum. Actual delays in activities that do not prevent the Contractor from completing the work by the Scheduled Completion Date will not constitute an "Excusable Delay" nor be a basis for changing the Scheduled Completion Date. 2.4 GUARANTEE Independent of applicable manufacturers' warranties of materials used, for the statutory period or a period of one (1) year, whichever is longer, after acceptance by the Owner, the Contractor shall guarantee all work performed under this contract. Any failure caused by defective materials or workmanship shall be promptly repaired or replaced at the Contractor's expense. Failure of the Contractor to make such corrections will cause the Town to make or have made any necessary repairs at the Contractor's expense. The warranty period starts when a notice of completion is filed with the County or when final payment is made if a notice is not filed. ARTICLE 3 WORK MANAGEMENT RESPONSIBILITIES 3.1 SAFETY PRECAUTIONS AND PUBLIC CONVENIENCE 3.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. This duty shall extend, without limitation, to the safety of all employees on the Work and all other persons who may be affected thereby; all the Work and all materials and equipment to be incorporated therein; other property at the Site or adjacent thereto, and the work of the Owner or other separate contractors. Without limiting the foregoing, Contractor, not Owner, shall remain fully responsible for the disposition and the exposure to persons of materials, whether or not hazardous. Contractor remains fully responsible for the handling of and the removal of products and systems and shall take necessary measures to protect employees, subcontractors, general public, design consultants and others. 3.1.2 The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall provide for the convenience of abutting owners along the right-of-way as far as practicable. No material or equipment shall be stored where it will interfere with the free, safe, and convenient passage of public traffic. Conservation Corps 3.2 SITE MANAGEMENT AND CLEAN UP The Contractor shall confine operations at the Site to areas permitted by law, ordinances, permits and this Contract, and shall not unreasonably encumber the Site with any materials or equipment. The Contractor shall keep the Site free from accumulation of waste material or rubbish caused by his operations under the Contract. At completion of the 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 01 118 5 or 88 or equivalent. Policy limits shall be no less than one million dollars per occurrence for all coverages and two million dollars general aggregate. Owner and its employees and agents shall be added as additional insured using ISO form CG 70 57 (03-96) or equivalent. Coverage shall apply on a primary, non- contributing basis in relation to any other insurance or self-insurance, primary or excess, available to Owner or any employee or agent of Owner. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. 4.1.2 Business Auto Coverage shall be written on ISO Business Auto Coverage from CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to any umbrella policy required above for a total limit of no less than five million dollars each accident. 4.1.3 Workers Compensation/Employer's Liability shall provide workers compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars per accident or disease. Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the Owner. 4.1.4 Contractor and Owner further agree as follows: 4.1.4.1 All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clari fication only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 4.1.4.2 Unless otherwise approved by Owner, Contractor's insurance shall be written by insurers authorized to do business in the State of California and with a minimum ABest's Insurance Guide rating of AA:VII. Self- insurance will not be considered to comply with these insurance specifications. 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 Conservation Corps 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, 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. Conservation Corps 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 PREVAILING 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 maybe obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship Standards and its branch offices. 5.1.6 The Contractor shall make such travel and subsistence payments to each workman needed to execute the Work as are established in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code. 5.1.7 The Contractor and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractor or subcontractor in connection with the Work. The payroll records shall be kept in Conservation Corps 10 accordance with the provisions of Section 1776 of the California Labor Code and Contractor and each subcontractor shall otherwise comply with all requirements of such Section 1776. 5.2 HOURS OF LABOR The Contractor shall forfeit to the Owner, as a penalty, the sum of Twenty-five Dollars ($25.00) for each workman employed in the execution of the Contract for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of Sections 1810 to 1816, inclusive, of the Labor Code of the State of California. ARTICLE 6 DISPUTE RESOLUTION 6.1 MEDIATION The parties will make a good faith attempt to resolve any disputes arising from this Agreement through mediation prior to initiating litigation. The parties shall mutually agree upon a mediator and shall share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names 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 ARBITRATION Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. A demand for arbitration shall be made within 30 days after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. The 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. Conservation Corps I I 7.2 SUCCESSORS AND ASSIGNS The Owner and the Contractor, respectively, bind themselves, their partners, successors and assigns to this Contract. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 7.3 RIGHTS AND REMEDIES The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Owner shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 7.4 PENALTY FOR COLLUSION If, at any time, it is determined by the Town that the person, firm or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and his sureties shall be liable for loss or damage which the Owner may suffer thereby, and the Owner may advertise for new bids for said work. 7.5 EQUAL OPPORTUNITY Contractor shall comply with the provisions of Section 1735 of the Labor Code of the State of California, which provides as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every, contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." END OF GENERAL CONDITIONS Conservation Corps 12 CERTIFICATE OF LIABILITY INSURANCE OPIDsd AcoR© OATE(V4lOD1Y1YYI 8 MARINCI . 09/26/0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Farallone Pacific Insurance THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HOLDER Services, LLC OF84441 . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 859 Diablo Avenue r -ato CA 94947 , ieT 415-493-2500 Fax: 415-493-2505 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: NIAC INSURER B: Marin Conservation Corps INSURER C. Viola Morris 27 Larkspur Street 0..SRNER¢ San Rafael CA 94901 IN3URF3N E UUVr-KAbCJ THE POLICIES OF INSURAIIC E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED HAUEO ABOVE FOR THE POLICY PERIOD 1 NOICATEO. NOMTHSTAP40710 ANYREOLARE!JEIT,TERM ORCONDITIONOFANYCONTRACT OROTHER OOCWEN MI-IRESPECTTO%VICHTPESCERTIFICATEMYBEISSUEDOR ALLY PERTAID, THE INSURANCE AFFORDED BY THE POLICIES OESCRJSEO HEREIN 19 SUBJECT TO ALL THE TERUS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UAtTS BHOAN UAY HAVE BEEJI REDUCED BY PAID OLAMS. WSR D01 POLICY EFFECTIVE POLICY EXPIRATION UfITS LYR NSRO TYPE OF L40VRA~NCE POUCYNVIIBER DATE[UMOOPM DATE u EACH OCCURRENCE s $1, 000, 000 OEPNE RAL LIABILITY 2008-09837-NPO 09/04/08 09/04/09 DASIAOE TO RF1NTm PREASSES(ERcavux ) 100,000 S A X X cot-w ERcuLOENERALuABv" El IJED EXP (MI «%o F*W) $ 10,000 I OCCUR CLAMS MADE PERSON&&ADVINJURY S 1,000,000 it GENERAL AGGREGATE s 2,000,000 X y Liquor Liabil PROOUOTS-COMPJOPAOG s 2, 000, 000 OENL AGGREGATE UlJI T APPLIES PER, Emp Ben. included POLICY EoT Loc AUTO MOBILE LIABILITY COMBINEOSINGLELIMIT S $1,000,000 2008-09837-NPO 09/04/08 09/04/09 (E"`eldwi) A X ANf AUTO ALL MINED AUTOS BODILY INJURY S (Pr Ferw~n) SCHEOULEDALT05 KRED AUTOS BODILY INJURY (Pr Kddvu) S NON.V ANEO ALTOS ' PROPERTY OAMLOE S AUTO ONLY -EAACCIDENT S GAR AGE LULBIUTY R THAN FAACC S H ANY AUTO OTHE AUTO CUM. AGO S EACHOCCURR"E S $3, 000, 000 EJICEiSNVJIRELIA UABBFTY --09837-UMB -NPO 09/04/08 09/04/09 AGGREGATE s A X OCCUR CLAIVSIrADE 2008 s $ DEOUCTOLE S RETEUTION 510,000 VIC STATU OTH TORY U!AT6 ER wORKERS COmPEINSATION AND E,YRLOYERr LIABILITY EL EACH ACC(Mrr f AH/ PROPJEETOAYARTNEJLEXECUTIVE EL DISEASE-EAEUPLOYEE S OFFICERTJEA®ER EXCLUDED) S I~~, CafaiG vld✓ EL DISEASE-POLICY LMT S SPECIAL PROVISIONS E+twv OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENOORSEYENT I SPECIAL PROVISIONS * 10 day notice of cancellation for non payment of premium to insured CERTIFICATE HOLDER CANCELLATION Town of Tiburon 1175 Tiburon Blvd. Tiburon CA 94920 SHOULD ANY OF THE ABOVE DESCRIBED POUCJES BE CANCELLED BEFORE TINEEXPntAT10N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO VAIL 30* OAYS MATTEN NOTICE TOME CERTIFICATE HOLDER NAV EO TO THE LEFT, BUT FAILURE TO 00 90 S WLLL BIPOSE NO OB UOATHJN OR UABRJTY OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. km,,- 4 ACORD CORPORATION 1988 ACORD 25 (2001108) IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001104) POLICY NUMBER; 2008-09837-NPO COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE I Name Of Additional Insured Person(s) Or Organization(s) 1 Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, and for which a certificate of insurance naming such person or organization as additional insured has been issued, but only with respect to their liability arising out of their requirements for certain perform- ance placed upon you, as a nonprofit organization, in consideration for funding or financial contribu- tions you receive from them. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. The Town of Tiburon, it's officieals, agents and employees are named as Additional Insured(s) 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. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 Who Is An Insured is amended to in- clude as an additional insured the person(s) or organk zation(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injurycaused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B, in connection with your premises owned by or rented to you, CG 20 26 07 04 © ISO Properties, inc., 2004 Page 1 of 1 ❑ Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of'2 Department of Consumer Affairs Contractors S"'I'tate Lirens e_oard Contractor's License Detail - License # 690064 A DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. %j Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 690064 Extract Date: 06/25/2009 CONSERVATION CORPS NORTH BAY INC Business Information: 27 LARKSPUR STREET SAN RAFAEL, CA 94901 Business Phone Number: (415) 454-4554 . Entity: Corporation Issue Date. 06/10/1994 Expire Date: 06/30/2010 _ License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: C27 LANDSCAPING CONTRACTOR'S BOND This license filed Contractor's Bond number CLB2708430 in the amount of $12,500 with the bonding company PLATTE RIVER INSURANCE COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History Bonding: BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number 41133534 for GARY THOMAS MILTIMORE in the amount of $12,500 with the bonding company PLATTE RIVER INSURANCE COMPANY. Effective Date: 12/04/2008 BQI's Bonding History Phis license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 290-0002124 ,.A1, ,.n Rn.,in„W;nP.q Prvic:e-XheckLicense/LicenseDetail.asp 6/25/2009 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 2 of 2 Effective Date: 07/01/2008 Workers' Compensation: Expire Date: 07/01/2010 Workers' Compensation History Conditions of Use I Privacy Policy Copyright © 2009 State of California 6/25/2009 ;PpnCA/T.11.P.11CP.1 Jel.aii.as-o License Status - Agency Details Agency License Details Page 1 of 5 The license status information shown below represents information taken from the California Department of Insurance (CDI) licensing database at the time of your inquiry. This information may not always be current. For example, items sent to the CDI may be pending review or simply may not have yet been entered into our licensing database. For instance, continuing education hours quoted may not reflect courses taken in the last 45 days. This database will reflect concluded disciplinary actions against licensees. Complaints and ongoing investigations are confidential and, therefore, not available. Section 12938 (a) of the California Insurance Code, in part, requires the CDI to make all fully executed stipulations, orders, decisions, and settlements available to the public on its Web site. You can search for key documents regarding any enforcement action the department has filed against this licensee on the Enforcement Action Documents Search Page. Please note Enforcement Action Documents (i.e. legal pleadings and orders generated during the enforcement action) are available on this Web site only for enforcement actions taken on or after July 1, 2001. If an enforcement action was taken prior to July 1, 2001, this Web site will only provide a summary description of the enforcement action. Documents relating to actions taken prior to July 1, 2001 may be obtained by submitting a written request to the CDI. Glossary Terms Name: FARALLONE PACIFIC INSURANCE SERVICES, LLC License type: Fire and Status: Active Casualty Broker-Agent License type: Life-Only Status: Active License type: Accident and Status: Active Health License type: Surplus Lines Status: Active Broker License#: OF84441 Status Date: 11/06/2007 Exp Date: 11/30/2009 Status Date: 11/06/2007 Exp Date: 11/30/2009 Status Date: 11/06/2007 Exp Date: 11/30/2009 Status Date: 06/30/2008 Exp Date: 11/30/2009 Business Address: 859 DIABLO AVENUE NOVATO, CA 94947 Bond Information Bond Amount: $10,000 Bond FX - Bd 7900665539 Surety Co: 23787 - NATIONWIDE MUTUAL INSURANCE COMPANY Bond Information Bond Amount: $50,000 Bond SL - 7900326019 Surety Co: 23787 - NATIONWIDE MUTUAL INSURANCE COMPANY Company Appointments This licensee is authorized to transact on behalf of the following insurers: „r..,h1,A],iicar/T ;riv Avv T~et,.STARTUP?Z ORG ID... 6/25/2009 : License Status - Agency Details ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY AMCO INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY AMERICAN ECONOMY INSURANCE COMPANY Page 2 of 5 For: Fire and Casualty Effective: 04/24/2008 For: Fire and Casualty Effective: 04/24/2008 For: Fire and Casualty Effective: 01/14/2008 For: Fire and Casualty Effective: 01/09/2008 AMERICAN FAMILY LIFE ASSURANCE For: Accident and Effective: 01/27/2009 COMPANY OF COLUMBUS Health AMERICAN FAMILY LIFE ASSURANCE For: Life-Only Effective: 01/27/2009 COMPANY OF COLUMBUS AMERICAN INSURANCE COMPANY (THE) For: Fire and Casualty Effective: 01/14/2008 AMERICAN STATES INSURANCE COMPANY For: Fire and Casualty Effective: 01/09/2008 OF TEXAS AMERICAN STATES INSURANCE COMPANY For: Fire and Casualty Effective: 01/09/2008 AMERICAN STATES PREFERRED INSURANCE For: Fire and Casualty Effective: 01/09/2008 COMPANY AMERICAN ZURICH INSURANCE COMPANY For: Fire and Casualty Effective: 05/22/2008 ANTHEM BLUE CROSS LIFE AND HEALTH For: Fire and Casualty Effective: 06/30/2008 INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION For: Fire and Casualty Effective: 01/14/2008 ASSURANCE COMPANY OF AMERICA For: Fire and Casualty Effective: 05/22/2008 CALIFORNIA CAPITAL INSURANCE For: Fire and Casualty Effective: 12/13/2007 COMPANY CAROLINA CASUALTY INSURANCE For: Fire and Casualty Effective: 01/25/2008 COMPANY CHUBB INDEMNITY INSURANCE COMPANY For: Fire and Casualty Effective: 05/30/2008 CHUBB NATIONAL INSURANCE COMPANY For: Fire and Casualty Effective: 11/07/2008 COLONIAL AMERICAN CASUALTY AND For: Fire and Casualty Effective: 05/22/2008 SURETY COMPANY CONTINENTAL INSURANCE COMPANY (THE) For: Fire and Casualty Effective: 01/21/2008 CONTRACTORS BONDING AND INSURANCE For: Fire and Casualty Effective: 03/31/2009 COMPANY DEPOSITORS INSURANCE COMPANY For: Fire and Casualty Effective: 04/24/2008 EMPLOYERS COMPENSATION INSURANCE For: Fire and Casualty Effective: 08/01/2008 COMPANY ENCOMPASS INSURANCE COMPANY For: Fire and Casualty Effective: 02/08/2008 ENDURANCE REINSURANCE CORPORATION For: Fire and Casualty Effective: 01/30/2008 OF AMERICA _+;.,o l[7A1. ;,~cnranrr~ r n anv/we.hu-,er/TJcw Agv Det$.STARTUP?Z ORG__ID... 6/25/2009 : License Status - Agency Details EXECUTIVE RISK INDEMNITY INC. FARMINGTON CASUALTY COMPANY FEDERAL INSURANCE COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIREMAN'S FUND INSURANCE COMPANY FIRST NATIONAL INSURANCE COMPANY OF AMERICA FOREMOST INSURANCE COMPANY GRAND RAPIDS, MICHIGAN GENERAL INSURANCE COMPANY OF AMERICA GREAT NORTHERN INSURANCE COMPANY MARYLAND CASUALTY COMPANY MONTEREY INSURANCE COMPANY NATIONAL SURETY CORPORATION NATIONWIDE MUTUAL FIRE INSURANCE COMPANY NATIONWIDE MUTUAL INSURANCE COMPANY NORTHERN INSURANCE COMPANY OF NEW YORK NORTHWESTERN PACIFIC INDEMNITY COMPANY PACIFIC INDEMNITY COMPANY PROGRESSIVE CASUALTY INSURANCE COMPANY PROGRESSIVE WEST INSURANCE COMPANY PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY PRUDENTIAL INSURANCE COMPANY OF AMERICA (THE) PRUDENTIAL INSURANCE COMPANY OF AMERICA (THE) SAFECO INSURANCE COMPANY OF AMERICA Page 3 of 5 For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty Effective: 05/30/2008 Effective: 02/29/2008 Effective: 05/30/2008 Effective: 05/22/2008 For: Fire and Casualty For: Fire and Casualty Effective: 01/14/2008 Effective: 01/09/2008 For: Fire and Casualty Effective: 08/11/2008 For: Fire and Casualty Effective: 01/09/2008 For: Fire and Casualty Effective: 05/30/2008 For: Fire and Casualty Effective: 05/22/2008 For: Fire and Casualty Effective: 12/13/2007 For: Fire and Casualty Effective: 01/14/2008 For: Fire and Casualty Effective: 04/24/2008 For: Fire and Casualty Effective: 04/24/2008 For: Fire and Casualty Effective: 05/22/2008 For: Fire and Casualty Effective: 05/30/2008 For: Fire and Casualty Effective: 05/30/2008 For: Fire and Casualty Effective: 01/02/2008 For: Fire and Casualty Effective: 01/02/2008 For: Accident and Effective: 03/24/2009 Health For: Life-Only Effective: 03/24/2009 For: Accident and Effective: 07/29/2008 Health For: Life-Only Effective: 07/29/2008 For: Fire and Casualty Effective: 01/09/2008 SAFECO INSURANCE COMPANY OF ILLINOIS For: Fire and Casualty Effective: 01/09/2008 imw aov T)Pt%.STARTUP?Z ORG ID... 6/25/2009 License Status - Agency Details SOUTHERN INSURANCE COMPANY ST. PAUL FIRE AND MARINE INSURANCE COMPANY Page 4 of 5 For: Fire and Casualty Effective: 07/01/2008 For: Fire and Casualty Effective: 02/29/2008 ST. PAUL GUARDIAN INSURANCE COMPANY For: Fire and Casualty Effective: 02/29/2008 ST. PAUL MERCURY INSURANCE COMPANY For: Fire and Casualty Effective: 02/29/2008 STANDARD FIRE INSURANCE COMPANY For: Fire and Casualty Effective: 02/29/2008 (THE) TRAVELERS CASUALTY AND SURETY For: Fire and Casualty Effective: 02/29/2008 COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY TRAVELERS CASUALTY COMPANY OF CONNECTICUT TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA TRAVELERS COMMERCIAL INSURANCE COMPANY For: Fire and Casualty Effective: 02/29/2008 For: Fire and Casualty Effective: 02/29/2008 For: Fire and Casualty Effective: 02/29/2008 For: Fire and Casualty Effective: 02/29/2008 TRAVELERS INDEMNITY COMPANY OF CONNECTICUT (THE) TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY UNITED FINANCIAL CASUALTY COMPANY UNUM LIFE INSURANCE COMPANY OF AMERICA UNUM LIFE INSURANCE COMPANY OF AMERICA VIGILANT INSURANCE COMPANY For: Fire and Casualty Effective: 02/29/2008 For: Fire and Casualty Effective: 02/29/2008 For: Fire and Casualty Effective: 02/29/2008 For: Fire and Casualty Effective: 01/02/2008 For: Accident and Effective: 03/24/2009 Health For: Life-Only Effective: 03/24/2009 For: Fire and Casualty Effective: 05/30/2008 If you have any questions about the license information you retrieved, please see the most commonly asked questions in our License Questions and Answers section. If you need further assistance, please call CDI's Producer License bureau at (800) 967-9331 or (916) 322-3555, or send an e-mail to Producer Licensi np- Bureau Please be sure to include your name, license number, e-mail address and telephone number in all correspondence with the Department. Aorv Det,%.STARTUP ?Z ORG ID... 6/25/2009 : License Status - Agency Details Need Help? Last Revised - June 23, 2009 12:32 PM Copyright © California Department of Insurance Page 5 of 5 I,++r. inc>>rnnrP, rn Pnv/wehuser/Licw A2v Det$.STARTUP?Z ORG_ID... 6/25/2009 0 ' t cv, S" LAI' 0 un LW W Scott Anderson From: Eva Buxton [evabuxton@sbcglobal.net] Sent: Monday, June 22, 2009 4:03 PM To: Scott Anderson I sent the last messge by mistake - here it is again: Scott yes, there are other areas that could be worked on: Page 1 of 1 Area # 3 - remove a) French broom above the retaining wall; b) pampas grass above band of French broom (not mapped as a specific area, but easily detectable) (I think I counted about 10 plants) Area #5 - remove a) at least a few pine_trees near the road; b) dig up underground stems of bamboo that has come back; t~ { 1< /11) /1 nno