HomeMy WebLinkAboutAgr 2009-11-02 (Mike Brown Electric)TOWN OF TIBURON
TIBURON, CALIFORNIA
PARADISE DRIVE AND MAR EAST STREET STREETLIGHT INSTALLATION
OWNER-CONTRACTOR AGREEMENT
THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this
day of 0 , 2009, by and between the TOWN OF TEBURON, a municipal corporation, 1505
Tiburon Boulevard, Tiburon, CA 94920, ("Owner"), and MIKE BROWN ELECTRIC, 561-A Mercantile
Drive, Cotati, CA 94931 ("Contractor").
In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner
hereby agree as follows:
ARTICLE I
WORD 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 'Fork in a goad, workmanlike and substantial manner, to the satisfaction of Owner and in
accordance with the terms, of this Agreement and the required 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 $34,031. 00as 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 days after receiving the Notice to Proceed and receipt of
special-order streetlight material ("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
Mike Brown Electric - Streetlights
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and
year first herein above written.
TOWN OF TIBURON
Margaret Curr# Town Manager
CONTRACTOR: HIM WMD EbXft C06
By -7` e~L~~
Pri Jam= 0. ]Br o",
Title pf"
Contractor's License No. ?"t b~
Expiration Date: qkolw(n
APPROVED AS TO FORM:
By
Ann R. Danforth, Town Attorney
Mike Brown Electric - Streetlights
EXHIBIT A
CONTRACTOR'S PROPOSAL
In addition to Exhibit A which is attached, the Work shall include all activities and material (such
as, but not limited to, excavation, wiring, conduits, backfilling with asphalt concrete and concrete
work) necessary to install all five (5) streetlights and prepare them for energizing by PG&E. Work
shall also include disposal of no longer needed material and dropping of damaged streetlight to the
Town Corporation Yard.
Milce Bro~vil Electric - Streetlights
E~ITBIT
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Riw'~'SS+}'r~7y~p2I-.r~'t ~'e~e"t~~ti~iO~..'"~e7.ir.`t;:~• 'pJ::r~ +1't)'!,
61-A Mercantile Dnve
Cotati, CA 94931-3040
(707) 792-8100 a FAX: (707) 792-8110
Cont. Lic. #306767
PROJECT:
Street Lights
LOCATION:
Tiburon
BID DATE:
10/15/2009
CONTRACT:
#
Date: October 15, 2009
To: Town of Tiburon
Attn: Nicholas T. Nguyen, P.E.
Director of Public Works/Town Engineer
From: Dave Deruus
THE FOLLOWING IS OUR BID FOR THE ABOVE-REFERENCED PROJECT
Bid Item
Description
Quantity Unit Price Total
Install (5) street lights per your request and job
walk on 10/12/2009. The bid includes
1) installation of (4) new poles on new
foundations, (1) street light on existing
foundation, conduit and wire to utility boxes
with wire for utility hookup
Lump Sum Lump Sum _'n;$i338'810~'
'FA7 to'6_4'r ISO. cx:)
Total Base Bid:j fl'>>
Note: 1. Bid based on Payment (including retention) 30 days after acceptance of our work by the owner.
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 Mike Brown Electric Company 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
13n .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 cominenceinent 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
Mike Brown Electric - Streetlights 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 ofthose 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.
Mike Brown Electric - Streetlights
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.
Mile Brown Electric - Streetlights
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.
Mike Brown Electric - Streetlights 7
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 11 85 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 Comperisation/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: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, satisfactoryto Owner, consisting of
certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to
Mike Brown Electric - Streetlights
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.
Mike Brown Electric - Streetlights
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. Infonnation relative to apprenticeship standards, wage schedules, and other requirements may be
obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship Standards
and its branch offices.
5.1.6 The Contractor shall make such travel and subsistence payments to each workman needed to
execute the Work as are established in the applicable collective bargaining agreements filed in accordance with
Section 1773.8 of the California Labor Code.
5.1.7 The Contractor and each subcontractor shall keep an accurate payroll record showing the
name, address, social security number, work classification, straight time and overtime hours worked each day
and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee
employed by the Contractor or subcontractor in connection with the Work. The payroll records shall be kept in
Mike Brown Electric - Streetlights 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 pennitted 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.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 GOVERNING LAW
7.1.1 The Contract shall be governed by the law of the place where the Work is located. The
Contractor shall conform to and abide by all local, state and federal building, sanitary, health and safety laws;
rules, and regulations, including all Town ordinances and regulations.
7.1.2 All Contractors and subcontractors employed upon the Work shall and will be required to
conform to the provisions of the Labor Code of the State of California, and shall also comply with all rules,
regulations and Labor Laws of the federal government and the various acts amendatory and supplementary
thereto, and all other laws, ordinances and legal requirements. Without limiting the foregoing, Contractor, will
comply with applicable provisions of Section 3700 of the Labor Code, which requires every employer to be
insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the
provisions of that Code.
7.2 SUCCESSORS AND ASSIGNS
The Owner and the Contractor, respectively, bind themselves, their partners, successors and assigns to this
Contract. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
7.3 RIGHTS AND REMEDIES
The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be
in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or
available by law. No action or failure to act by the Owner shall constitute a waiver of any right or duty
Mike Brown Electric - Streetlights 11
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
Mike Brown Electric - Streetlights 12
Bond Number: 070 007 821
Premium: $204.00
LABOR AND MATERIAL PAYMENT BOND
The American Institute of Architects, AIA Document A311, February 1970 Edition.
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
Mike Brown Electric Co.
561-A Mercantile Drive
Cotati, California 94931-3040
(Here insert full name and address or legal title of Contractor)
As Principal, hereinafter called Contractor, and, LIBERTY MUTUAL INSURANCE COMPANY, a corporation of the State of Massachusetts, as Surety,
hereinafter called Surety, are held and firmly bound unto
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, California 94920
(Here insert full name and address or legal title of Owner)
As Obligee, hereinafter called Owner, in the amount of Thirty Four Thousand Thirty One Dollars ($34,031.00), for the payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated November 2, 2009 , entered into a contract with Owner for
Paradise Drive & Mar East Street Streetlight Installation
Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it
shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or
reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been
paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or
materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums
as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the
following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last
of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount
claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to
the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any
manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not
be made by a public officer.
b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood,
however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall
be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which
the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part
thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,
inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim
for the amount of such lien be presented under and against this bond.
Signed and sealed this 2nd day of November 20 09
In the presence of
(Witness)
(Witness)
Labor and Material Payment Bond
Revised to February, 1970
Mike Brown Electric Co.
(Principal) (Seal)
By:
/X"" James G. Brown (Title) President
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
2634269
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
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KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
CATHERINE A. PINNEY, DONNALYN REVIS, K. DIXON WRIGHT, STACY M. DAVIS, NANCY L. WALLIS,
CHERYL A. RIPLEY, ALL OF THE CITY OF PETALUMA, STATE OF CALIFORNIA
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MILLION AND 00/100******************** DOLLARS 50,000,00.00***** ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 27th day of August ,
2009
LIBERTY MUTUAL INSURANCE COMPANY
# 1
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By( i.✓-
Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 27th day of August , 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written.
s g COMMONWEALTH OF PENNSYLVANIA
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Plymouth Tdvp., Mortr n vzzry Counry B
Rey co=n,riiiss rjn Exi;*es Mardi 2; 2013 ~ By
I Ter sa Pastella, Notary Public
Member. Parnsyryan€s Asslmattor, of Notaries
04 CERTIFICATE
I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this 2nd day of
November L009
By r
David M. Carey, Assi nt Secretary
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State of California )
SS.
County of Sonoma )
On November 2, 2009, before me, Susan Heath Allred, Notary Public,
personally appeared James G. Brown, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~zt2u "d
SUSAN HEATH ALLRED
COMM. #1771189 m
ur a; Notary PWIc-C.al0omia CA
W SONOMA C00M
My Comm. Exp. OCT 28, 2011
Susan Heath Allred
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Sonoma
On November 2, 2009 before me, K. Dixon Wright, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Stacy M. Davis
Name(s) of Signer(s)
J~~ K. DIXON WRIGHT
Q COMM. #1776547 M
NOTARY PUBLIC • CALIFORNIA G)
MARIN COUNTY
COMM. Exp. NOV. 21, 2011
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m an offi , I al.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: Stacy M. Davis
❑ Individual
Corporate Officer - Title(s): -
Partner - ❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
Hher Mntnal Incnrnnrr C'nmpnn)E
Number of Pages:
Top of thumb here
Signer's Name:
❑ Individual
[]Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
[]Attorney in Fact
[]Trustee
[]Guardian or Conservator
[]Other:
Signer Is Representing
11
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02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827