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HomeMy WebLinkAboutAgr 1998-12-21 (Creative Builders)~I f m 4'.l 0 . 12/17/1998 revised RECRIVEb (y,Vvfl DEC 2 1 1998 Submitted To: Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Fax 435=7395, Admin TOWN MANAGERS OFFICE TOWN OF TIBURON.,__-.._--.._._._.-,-- 1 NAVV 435-7373 PROPOSAL. Project: Bridge replacement Location: Trestle Glen We hereby commit to: Replace the existing pedestrian bridge that has collapsed on Trestle Glen Rd. Remove entirely the existing wooden bridge and replace with a new bridge built with pressure treated lumber. The design is to remain somewhat consistent with the existing construction. The main support beams, (2), are to be 6"x14" with the decking to be 3"x6" members screwed to the frame. The decking is to end up flush with the existing asphalt walkway. Asphalt will not be replaced on top of decking, as was the old design. The existing guardrail, as installed directly to the south of the bridge, will be extended to and over the new bridge and terminate at the north end of the bridge in a downward direction as to provide safety for bicyclists. All garbage will be carted away. All traffic safety will be implemented to insure the greatest amount of protection to the public. Painting or staining is by others. Any required concrete work would be by additional change order. Any required overtime, as directed by the town, will be by additional change order. Addendum by town of Tiburon is included as part of agreement. Contract Price: Nine thousand five hundred fifty dollars, $ 9,550. Payments shall be made based upon percentage of work completed and shall be made weekly. Balance of 100% of contract price shall be paid upon completion of work. Addendum 1 is made a part of this contract. Authorized Signature Date /-:f /7/ ~d This contract may be withdrawn if not accepted within J days Acceptance of Proposal- Above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as The outlined above. Authorized Signature_ V 4 Date`Z /z1/~ dDAN License Number 467684 #20 Burgess Court Sausalito, CA 94965 i 415 331-5905 CONTRACT ADDENDUM REPAIR OF TRESTLE GLEN PEDESTRIAN BRIDGE The parties agree that the following conditions shall be included as a part of the Prime Construction Contract dated : to Y~,.QV ~1. Contractor is familiar and shall comply with the provisions of the California Labor Code which are required by law to apply4 fliis job (including those relating to prevailing wages). 2. Contractor shall furnish a certificate of insurance showing that Contractor has the insurance required below and that the Town and its officials, employees and agents have been added as named insured using a standard form endorsement. 2.1 Comm- ercial General Li?bilit, Insurance (prim-any). Policy limits shall be _-io less l-= one million dollars per occurrence for all coverages and two million dollars general aggregate. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to Town or any official, employee or agent of Town. ew d tdu~ss i~r, w/7"A -~u/h CREATIVE BUILDERS: TOWN OF TIBURON Gl y POW $o tresleglenbridgecont. dpw. wpd 2.3 Workers' Compensation/Employer's Liability. Contractor shall provide workers' compensation statutory benefits as required by law. 4dd,e4.(,;1,vin / PRI", CONSTRUCTION CONTR Cr e t V e.1 B u.~ a e.r s Name ZO ASS COVr Address S au's 1 l 0 (A - Owl City hereinafter called "CONTRACTOR" THIS AGREEMENT IS BETWEEN AND ocor't of 6i4. r vin Name %._bL1ro;,7 ISiv-d lil / tt5 Address t ~ .1J' ~r r a n CA 9 Sof9 20 State zip city State Zip hereinafter called "OWNER" "Construction Lender" (if any) Description of the Work: Contractor will fumish all labor and materials to construct and complete in a workmanlike and substantial manner a (hereinafter called "The Protect") upon the following described real property: CONTRACT NUMBER: n C~' . Tre f f e G /Q n ~~?c~Es S f ~-yq 8 j-/~7~9 •1 shaWay cdWactor s ffs-t plus a 7P/, fee for Tuch v*4. The employment of a sods engineer shad be the sole resnons~bility of the Owner .zVh 2. Plans Specifications. and Permits: The project will be constructed according to the plans n d sp cifi. t, s and addendum which have been pv Ole examined by the owner and which have been. or may be, signed by the parties hereto w~bfin and pay for all construction permits required and Owner will pay assessments and charges required by public bodes and utilities for financing or repaying the cost of sewers, storm drains, water service and other utilities, including sewer and storm drain reimbursement charges. revolving fund charges, hook-up charges and the like. 3. Payment: Owner will pay contractor the sum of S S Qe TO a S ai- Ul QOI, in installments as follows: se-6 V (0 p o s final payment to be paid 35 days after notice of completion has been filed or upon issuance of lien-free endorsement by a title company. a e roue a construction e fund is sufficient to pay the contract all o nor herabv irrawn and a may e ordered by owner. and Owner will do everything necessary to expedite Where the project is ready for occupancy and major items or corrective or repair worts remain to be completed and the cost thereof will exceed more than 1% of the gross contract price. then the Owner may withhold payment of a sufficient amount to pay for completion of such work, but shall not withhold any greater amount. This amount is to be retained in escrow. Within 30 days after execution of this agreement. Owner will have the job site ready for commencement of construction, and will have approval of any necessary construction loan. When job site is ready for contractor. and all necessary financing has been obtained and approved, contractor shall commence work within ten (10) days after written notice from the Owner. Contractor shall complete the work within in paragraph 4. /D working days after commencement. Subject to permissible delays as described 4. Deiay: The contractor stall be excused for any delay in completion of the contract caused by acts of God. acts of the owner or the owner's agent, employee or independent contractor, stormy weather, labor trouble. acts of public utilities, public bodies or mspecters, extra work, failure of the owner to make progress payments promptly, or other contingences unforeseeable by or beyond the reasonable control of the contractor. 5. Contract. Plans and Specifications: The contract, plans and specifications are intended to supplement each other. In case of conflict, however, 'he specifications shall control the plans, and the provisions of this contract shall control both. 6. Labor and Material: The contractor shall pay all valid charges for labor and material incurred by contractor and used in the construction of the project. but may delay this obligation for bills received in any period during which the owner is in arrears in making progress payments to the contractor. Should the contractor fail to make any payments required under this paragraph, owner may make such payments on behalf of contractor, and contractor shall on demand reimburse owner for the amount actually paid, but owner shall not by means of assignment or otherwise be entitled to collect any greater amount from contractor than the amount actually paid for labor or material under this paragraph. CBF - 3 (10-30-80) - (over) 7. Taxes and Assessments: Take ,essments of all descriptions will be paid f- ' Vvner. 8. Extra Work: Should the owner; c'onftruction lender, or any public body or insr..,_.t,. Direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Modifications or additions to the work shall be executed only when a Contract Change Order has been signed by both the Owner and the contractor. The change in the Contract Price caused by such Contract Change Order shall be as agreed in writing, or if the parties are not in agreement as to the change in Contract Price, then the contractors actual cost for all labor, equipment, subcontracts and materials, plus a contractors fee of 20% shall be the change in Contract Price. Contractor shall promptly notify the Owner of (a) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (b) unknown physical conditions differing materially from those ordinarily en- countered and generally recognized as inherent in work of the character provided for in this contract. Any expense incur- red due to such conditions shall be paid for by Owner as added work. 9. Allowances: If the contract price includes "allowances", and the cost of performing the work covered by the allowances is either greater or less than the allowance, then the contract price shall be increased or decreased accordingly. Unless other- wise requested by the owner in writing, the contractor shall use his own judgment in accomplishing work covered by an al- lowance. If the owner requests that work covered by an allowance be accomplished in such a way that the cost will exceed the allowance, the contractor shall comply with the owner's request provided that the owner pays the additional cost. • 10. Comp lion an upancy- ner agr o sign and record a notic f completi ithin five ys after proje com to an ea for o p ncy. w r fails t o cord no ' comple n hen ow r ereby p nts ac- tor own sag t to ' n a d re d a tice o omp tion eha of o er. his a cy ' irrev ab a is age y c pled ith inter st. ntrac r uses h f e as is eces y to ny cupa cy the o- ct b ner or y e else u 11 notice ompleti s been rec d and co r has r ed all p y nts d rider t is con- tra In the event the owner occupies the project or any part thereof before the contractor has received all payments due under this contract, such occupancy shall constitute full and unqualified acceptance of all the contractor's work by the owner and the owner agrees that such occupancy shall be a waiver of any and all claims against the contractor. 11. Insurance and Deposits: , ~ - at ice w~ oss, , d or may procure agent for and at t e ex , r. Contractor shall carry Worker's Compensation Insurance for the protection of contractor's employees during the progress of the work. Owner shall obtain and pay for insurance against injury to his own employees and persons under Owner's direction and persons on the job site at Owner's invitation. 12. Right to Stop Work: Contractor shall have the right to stop work if any payment shall not be made timely to contractor un- der this agreement, contractor may keep the job idle until all payments due are received. Furthermore, the contractor may at his option terminate the contract and the owner shall be liable to the contractor for breach of contract. 13. Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdic- tion thereof. Each party to this contract shall select an Arbitrator who shall hold an active license as either a Contractor, Architect, Civil or Mechanical Engineer in the State of California. The Arbitrators so selected shall in turn select a third Arbitrator who shall also be so licensed and shall be the chairman of the Arbitration Hearing. If any party refuses or neglects to appoint his Arbitrator or to participate in the arbitration within twenty (20) days after receiving notice thereof, the Arbi- trator or Arbitrators are empowered to decide the controversy in accordance with whatever evidence is presented. The Arbi- trators are authorized to award reasonable costs, expenses and attorneys fees. Any decision of this Arbitration Board shall be binding by simple majority vote of the Arbitrators. 14. Limitations: No action of any character arising from or related to this contract, or the performance thereof, shall be com- menced by either party against the other more than two years after completion or cessation of work under this contract. 15. Clean-up: Upon completion of the work, contractor will remove debris and surplus material created by his operation from owner's property and leave it in a neat and clean condition. 16. Assignment: Neither party may assign this contract without written consent of the other party. 17. Attorney Fees: In the event the, Darties hereto become involved in litigation arising out of this contract, or the performance or breach thereof, the court in such litigation, or in a separate suit, shall award reasonable costs, expenses and attorneys fees to the prevailing party. The court shall not be bound by any court fee schedule, and may, in the interest of justice, award the full amount of costs, expenses and attorneys fees incurred in good faith. Contractors are required by law to be licensed and replated by the Contractors' State License Board. Any questions concerning a contractor may be referred to the registrar of die board whose address is: Contractors' State License Board - P.O. Box 26000, Sacramento, CA 95826. q Dated: •(o ~l f • /7.9op Owner: / ~ C'r ~Y ej B V`'i i ~r s Contractor: Contractor's License Number By 1.2,' I ; /1998 I5: 6 415'3317426 CREATIVE EUILDER'--o- PAGE U'2'' 1 _ r F LIABILITY f NS U'R)1 cs DATE (MM!ljf~l v^rY 'O COX O aROOUCI=R 12/17/98 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION OC LYANO CONFERS NO RIGHTS UPON THE CERTIFICATE BOLDS INSURANCE BROIZRAG£ HCLE)ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1601 Second Street ALTER THE COVERAGE AFFORDED BY THE POLICIES 8ELOW. San Rafac-1 CA 94501- COMPANIES AFFORDING COVERAGE Ron Solds, ARM ?I,2n9No, 415-48S-1700 Fax14L. 4ZS-4$~-WSURE) COMPANY ~S Creativt builders ~OMFANY Darn Deffner, dba: certifICatt'fC?vid nC2 previo, sfy 20 Btttgez5 Ct. CIOM PAINY 155LIEd od r- Marin City CA 94965 COVERAGES HIS IS TO CERTIFY THp7 TAIL P;:aL1CiE5 OF INSURANCE LISTED BELQW HAJ e HAVE BEEN ! SUt;ta TO THE INSURED NAMED ABOVE F H Ll GT ECY PERIOD INDICATED NOTWITHSTANDINO ANY REQUIREMENT, 'rIRm OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH REST PE WHICH 71'+1b CERTIFICATE MAY BE ISSUED OR MAY PERTPJN, THE IN3LIRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUILJECT TO ALL THE TERMS, EXCLUSIONS ANC] CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE DEEN REDUCED BY PAID CLAIMS, JC TYpE CF :tiiSi_I :ANC p~ r^ POLICf EFFECTIVE NOLICY EXPIRAT'ON 9, -F LTR ~Lirf NUMBER DATE (MM.rDDA^!) f}A7E (M,YI1DolYY1 i LI>1AI i tiENERAL LABILITY GENERAL AG(i!4Et?ATE _ $2,000,000 A COMMERCIAL GENEPALL,IAtSiUTY ~ GLAE►130C}424 05/04/9 05/04/519 ~'Rc;pUGts~GGM-rOPAGO I~1r0001000 CLAIMS PAAGE f " ' -XGUR j' PER4pNAL Ji ADV IN.AjpzY S 1 000 00 0 X I JVFdE.fZ's & CCNTFtACI~)R'.S PROT I f • ~ ~ I EA~•F ~GOL REtEtJre $ 1, O v u, Q u 0 r _ FIRIR DAMAGE (Any' one fire) $ 5o 0 4 0 f MF_D E"XP' (AAY one verwn) $ S'000 \L7'COAC51LE LIABILTY { f I ANN AUTO GOVIGNED SINGLE LIMIT 3 H i A.Ln G kNED AUT06 ?Si EDULEC AU-, 08 BODIL`! INJURY S r (P - I er pe son) I HIRED AUTOS I NON-OWNE0 AUT03 FsODILY INJURY (Pet & Idenq I _ • I PROPERTY DAMAGE $ 43ARACE LIASILITv i ALIT,! ONLY - EA ACCIDENT $ .4fTlr'Au":4 OTHER THAN AUTO ONLY• I----i - - - EACH AC-CMENT ' S - I AGGREGATE $ Uti161rELLA FORM EACH OG-CURR&NOF $ -w- AG-GREGA7 g i OTHER'NAN UMBRELLA FOPM x - VAf*RI{EI2S OOMS'[_`;SAT?GN AND - I E,~"PLOYERS' LIAPII_rrY f TORY LIMIT ER EL EACH ACOWN- T $ THE PROr Pt=Rj II 11ZL RARTPJERyi i ~ r%E'CL''I'JE - EL D15EA5E • POLICY LIMIT $ I ~~FFIG6RS AR=", I E)(CI_ j EL DiZEASE - ESA EMPL('YEE 3 C?THER ~ I I I DFISCRIPTION CIF fJPEFJ TI ANSILOCATION,,OHICLES,'SPZ:CiAL ITEMS i Certiric4te Holck-r is named Additional Incurred per CG2010 10/93. *10 Days Notice of Cancellation far NOn-Payment of Prerctium , CcJvaragL iaa Primary and gon-contributory. R R i e: lefia r Trestle G14an Pedestrian Bridge CEIRTIFtOAT~ FlcJU)Ek CANEELLATION Town of Tiburon, Municipal Cczp, and its af£iiiJatcs, a np.lvyees & agents 1155 Tiburon Blvd. Tiburon CA 94920 aCOAP 2&4s. 0r95) 'E . i COMPANY A United Capitol Tnsurar_ce Co. T15UO O 1 SHOULD ANY OF THE AQOVE DE-3CRI7ED POLIGE$ CA^iCELLED BEFORE THE EkP:RATION DATE T40Z2oF. THE ISSUING COMPANY WILL ENDZi'- •OR TO N4AIL 0'F DAYS WRITTEN NOTICE TC3'tF?E CERTIFICATE HOLDER NAMED TC 7HE L--FT RUT FAiU;RE TO MAIL SUC P VgPICE SHALL IMPOar. NO OSLIGATMCfd 017 LIABILITY OF ANY KIND UPON THE COWIPA.NY. ITS AGENTS OR REPRESENTATNLE^ AWTHURIZED REPRESENTATIVE Ron Bolds, ARM .,M a' QR'P QRATION 190¢ 1~i 1 ;`938 10: 08 415331 4'26 CREATI /E EUILDEPL: PAGE U 3 POLICY NUMBER: Per attached certificate. CCMMEFICIAL GENERAL LIM31LITY CC ZO 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (CORM B) Tn;s endorsement modifies insurance provided Under the foliQwing: - CU Ivr l el E. C >=CAL LIABILITY COVERAGE ?ART SCHEDULE Name of Parson or Orgarti2stiors: Per attached certificate (if no entrf appears abovz, infarrr;ation eequired to cnmplete this endorsement will be zhorrin in the Declara- ti0fis as applicable to this endorsement.) WHO IS AN IN*5URF-D (Section Ii) is amended t4 include es an insured thfa person or orQanizatia,z srio%vn its the Schedule. but omy with respect to iiability arising cut of yo4,r ongoing operations performed for that in- sured. A-i~ u 12/17/1998 revised Submitted To: Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Fax 435-7395, Admin. 435-7373 Project: Bridge replacement Location: Trestle Glen We hereby commit to: PROPOSAL. 4 ~T~} 7 Replace the existing pedestrian bridge that has collapsed on Trestle Glen Rd. Remove entirely the existing wooden bridge and replace with a new bridge built with pressure treated lumber. The design is to remain somewhat consistent with the existing construction. The main support beams, (2), are to be 6"x14" with the decking to be 3"x6" members screwed to the frame. The decking is to end up flush with the existing asphalt walkway. Asphalt will not be replaced on top of decking, as was the old design. The existing guardrail, as installed directly to the south of the bridge, will be extended to and over the new bridge and terminate at the north end of the bridge in a downward direction as to provide safety for bicyclists. All garbage will be carted away. All traffic safety will be implemented to insure the greatest amount of protection to the public. Painting or staining is by others. Any required concrete work would be by additional change order. Any required overtime, as directed by the town, will be by additional change order. Addendum by town of Tiburon is included as part of agreement. Contract Price: Nine thousand five hundred fifty dollars, $ 9,550. Payments shall be made based upon percentage of work completed and shall be made weekly. Balance of 100% of contract price shall be paid upon completion of work. Addendum 1 is made a part of this contract. Authorized Signature ~j Date /af 171 Y'8 This contract may be withdrawn if not accepted within J days Acceptance of Proposal- Above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as The outlined above. Authorized Signature Date`. 1211 ' DANIEL DEF ER License Number 467684 #20 Burgess Court Sausalito, CA 94965 415 331-5905 lam, l < U It a& n / PRIME ISTRUCTION CONTRAC tr e 1 V el B u.i d e-r s Name 2,0 V u e 5 S CA t/ ,r Address (,A city hereinafter called "CONTRACTOR" THIS AGREEMENT IS BETWEEN AND DL0 0 oT Tl 614- e o ti Name 1-3I vel Kt 415 Address r Li-49.0 CA 9dlq ze State Zip City State Zip hereinafter called "OWNER" "Construction Lender" (if any) Description of the Work: Contractor will furnish all labor and materials to construct and complete in a workmanlike and substantial manner a e 4 d d Se VfO205 Q (hereinafter called "The Protect") upon the following described real property: CONTRACT NUMBER I : 1z 01. Ow r wi ate tablis rope s fo c n a ill i u st a set it ' ns d h k, ; ere 3 d ub s t th oun art . In ;h a roc n m bl or ry tool enc ere if in r rt sh ay c actors st plus a io fee for uch The employment of a sods engineer shall belhe sole resann ~htlity of the Qwner. 2. Plans Specifications, and Permits: The project will be constructed according to the lans v d swciffiic ti? s and addendum which have been examined by the owner and which have been. or may be, signed by the parties hereto ill ob in and pay for all construction permits required and Owner will pay assessments and charges required by public bodes and utilities for financing or repaying the cost of sewers, storm drains, water service and other utilities. including sewer and storm drain reimbursement charges. revolving fund charges, hook-up charges and the like. 3. Payment: Owner will pay contractor the sum of S See f Q o Q.f~ in installments as follows: Set F f o o o S A a 4 Ck 0 final payment to be paid 35 days after notice of completion has been filed or upon issuance of lien-free endorsement by a title company. fund is sufficient to pay the contract price all D ner herabv irra=ably and a may be ordered by Owner, and Owner will do everything necessary to expedite Where the project is ready for occupancy and major items or corrective or repair work remain to be completed and the cost thereof will exceed more than 1% of the gross contract price, then the Owner may withhold payment of a sufficient amount to pay for completion of such work, but shall not withhold any greater amount. This amount is to be retained in escrow. Within 30.days after execution of this agreement. Owner will have the job site ready for commencement of construction, and will have approval of any necessary construction loan. When job site is ready for contractor. and all necessary financing has been obtained and approved, contractor shall commence work within ten (10) days after written nonce from the Owner. Contractor shall complete the work within in paragraph 4. /D working days after commencement. subject to permissible delays as described 4. Deiay: The contractor shall be excused for any delay in completion of the contract caused by acts of God. acts of the owner or the owner's agent. employee or independent contractor, stormy weather, labor trouble. acts of public utilities, public bodies or inspectors, extra work, failure of the owner to make progress payments promptly, or other contingencies unforeseeable by or beyond the reasonable control of the contractor. 5. Contract, Plans and Specifications: The contract, plans and specifications are intended to supplement each other. In case of conflict, however. 'he specifications shall control the plans, and the provisions of this contract shall control both. 6. Labor and Material: The contractor shall pay all valid charges for labor and material incurred by contractor and used in the construction of the project. but may delay this obligation for bills received in any period during which the owner is in arrears in making progress payments to the contractor. Should the contractor fail to make any payments required under this paragraph, owner may make such payments on behalf of contractor, and contractor shall on demand reimburse owner for the amount actually paid, but owner shall not by means of assignment or otherwise be entitled to collect any greater amount from contractor than the amount actually paid for labor or material under this paragraph. CB F - 3 (10-30-80) (over) 7. Taxes and Assessments: T assessments of all descriptions will be p, y Owner. f 8. Extra Work: Should the owr.ei, construction lender, or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Modifications or additijons to the work shall be executed only when a Contract Change Order has been signed by both the Owner and the contractor. The change in the Contract Price caused by such Contract Change Order shall be as agreed in writing, or if the parties are not in agreement as to the change in Contract Price, then the contractors actual cost for all labor, equipment, subcontracts and materials, plus a contractors fee of 20% shall be the change in Contract Price. Contractor shall promptly notify the Owner of (a) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (b) unknown physical conditions differing materially from those ordinarily en- countered and generally recognized as inherent in work of the character provided for in this contract. Any expense incur- red due to such conditions shall be paid for by Owner as added work. 9. Allowances: If the contract price includes "allowances", and the cost of performing the work covered by the allowances is either greater or less than the allowance, then the contract price shall be increased or decreased accordingly. Unless other- wise requested by the owner in writing, the contractor shall use his own judgment in accomplishing work covered by an al- lowance. If the owner requests that work covered by an allowance be accomplished in such a way that the cost will exceed the allowance, the contractor shall comply with the owner's request provided that the owner pays the additional cost. • 10. Comp tion an cupancy- ner agr o sign and record a notic f completi ithin five ys after proje com to an ea for o p ncy_ w r fails t o cord no ' comp) n hen ow r ereby p nts ac- tor own sag t to ' n a d re d a tice o omp tion eh of o er. his a cy ' irrev ab a is age y c pled ith inter st. ntra r uses h f e as is eces y to ny cupa cy the o' ct b ner or y e else u til notice ompleti s been rec d and co r or has r ed all p y nts d rider t is con- tra In the event the owner occupies the project or any part thereof before the contractor has received all payments due under this contract, such occupancy shall constitute full and unqualified acceptance of all the contractor's work by the owner and the owner agrees that such occupancy shall be a waiver of any and all claims against the contractor. 11. Insurance and Deposits: . i at ice wi oss, , d or may procure agent for and at t e e , (by an a i . . . , . , 9F by thef r. Contractor shall carry Worker's Compensation Insurance for the protection of contractor's employees during the progress of the work. Owner shall obtain and pay for insurance against injury to his own employees and persons under Owner's direction and persons on the job site at Owner's invitation. 12. Right to Stop Work: Contractor shall have the right to stop work if any payment shall not be made timely to contractor un- der this agreement, contractor may keep the job idle until all payments due are received. Furthermore, the contractor may at his option terminate the contract and the owner shall be liable to the contractor for breach of contract. 13. Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdic- tion thereof. Each party to this contract shall select an Arbitrator who shall hold an active license as either a Contractor, Architect, Civil or Mechanical Engineer in the State of California. The Arbitrators so selected shall in turn select a third Arbitrator who shall also be so licensed and shall be the chairman of the Arbitration Hearing. If any party refuses or neglects to appoint his Arbitrator or to participate in the arbitration within twenty (20) days after receiving notice thereof, the Arbi- trator or Arbitrators are empowered to decide the controversy in accordance with whatever evidence is presented. The Arbi- trators are authorized to award reasonable costs, expenses and attorneys fees. Any decision of this Arbitration Board shall be binding by simple majority vote of the Arbitrators. 14. Limitations: No action of any character arising from or related to this contract, or the performance thereof, shall be com- menced by either party against the other more than two years after completion or cessation of work under this contract. 15. Clean-up: Upon completion of the work, contractor will remove debris and surplus material created by his operation from owner's property and leave it in a neat and clean condition. 16. Assignment: Neither party may assign this contract without written consent of the other party. 17. Attorney Fees: In the event the, parties hereto become involved in litigation arising out of this contract, or the performance or breach thereof, the court in such litigation, or in a separate suit, shall award reasonable costs, expenses and attorneys fees to the prevailing party. The court shall not be bound by any court fee schedule, and may, in the interest of justice, award the full amount of costs, expenses and attorneys fees incurred in good faith. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractors' State License Board - P.O. Box 26000, Sacramento, CA 95826. 0~;roor 0( Dated: /71 fop Owner: l~ Contractor: Cre ~Yej Bv.~ l ors Contractor's License Number 1`a~y v~ By - CONTRACT ADDENDUM REPAIR OF TRESTLE GLEN PEDESTRIAN BRIDGE The parties agree that the following conditions shall be included as a part of the Prime Construction Contract dated . (-t , t va `1. Contractor is familiar and shall comply with the provisions of the California Labor Code which are required by law to apply"Lo this job (including those relating to prevailing wages). 2. Contractor shall furnish a certificate of insurance showing that Contractor has the insurance required below and that the Town and its officials, employees and agents have been added as named insured using a standard form endorsement. 2.1 Comm- ercial General Lirybilit-v Insurance (pru-ra.*;y). Polic,r limits shall be -Ac less dli= one million dollars per occurrence for all coverages and two million dollars general aggregate. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to Town or any official, employee or agent of Town. rOV 2.2 B L* s snhae no I than n;ullio airs accid Oil Iff s 0 to 7p/oly ql6ir:Y s sh~ll 4 sc4 4dleduZd4l iiig,~*Jsuanc to yZb ell oli r ired ove r~ o =i- I , CREATIVE BUILDERS: TOWN OF TIBURON 2.3 Workers' Compensation/Employer's Liability. Contractor shall provide workers' compensation statutory benefits as required by law.