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Home My WebLink AboutAgr 2010-06-30 (Fine Line Striping)TOWN oFTIBL*:R0N TIBUTRON, CALIFORNIA TOWN-WIDE P:1VENMENT STRIPING: 2010 OWN ER-C'-ONTRAC"TOR >`1CREENM NT THIS ('1WNFR-("O`v"C'RAC"TOR AGREEMENT t"At(Jeement") Is mad and entered into this 1r1- clray of 2-0I0. by and be iv\c cn the.. TOWN OF TIBURON. a municipal corporation, 1 ?t}`i Tiburon Boulevard, Tihuio,, CA 94920, ("Owner"), and FINE,, LINE TRIPIMi, PO Box 1836, Rohnert Park. C'r'y 9492 lta c`aart,+ S~°rati~?a of the rratatural covenani and .agrcements set forth herein, ContraCtorand Owner hereby :agree xa, lollcat\ s: ARTICLE I WORK DESC.RIPTION The Contractor shall clay Al the work and furnish all the labor.,,ers iceN anti in atcrials ray ~ I 10 complete the work clewca )bcd tri The t'asratr;at,101'V S Bid Proposal ;:at:tac hetl as E,,x.hahn A ("Work"). I'lic C.'ontractor shall ca: mpiet.e the \'cark. Hi ua goa 1. v,,orkm anlike and :,~at~, :anti ai manner, to th~ tat O" neWr saner in accordance %,ith the (erni c.>S this A,greenient and tthe.rl_qaiirc d 7c;7 xn em rc~ r hmc tit x-rnait. ARTi.cI.. '.II C'ON TRACT SUM 101 V175, 4, :~tati AI under this A-reement shtall he known a the Contract :Sung. The C omr-t : Turn shall C'e ntrrac:tor's c of be a not-to-exceed ,trtt<aaarat of `a. full Compensation for the Work, All pa€ rnent, shall t.) sutry cc i t.a the Ciene"rtal Conditions, sit forth in ,.\hitait B. ARTICLE 1.11 TIME FOR PERFORMANCE C ontr actc_rr shall ccarnme nce performance of" the: Work can <a (lute it) he Specified by Owner to Contractor to prc)ca ecl cAotice to Proceed—). Contractor shall diligently proceed ",'Ili performance tit the: Work and agrees to tachleve C ornple flora o tfac entire Work within at~; dg ,s after receivinLI tltc•', otice to Pr(,A-,e d C'Schedulecl Completion Daic") ARTIC'I_,F. IN' EXHIBITS 'rhis C:c>ratr<ac:t includes the f0lloxving Exhibit,, which tare attached herelo and ittcorporateaf herein l>y rcf rerrce f Mhihit : The Work 4C ontractcar. Work Prof-canal L,t;,t r~rc ~atyra cw` rr~'tc°~°rra and c ontlitic+ m') l .xliihit fI General Conditions tlinc l._iaic I{?tsn-c+ic stripme "010 IN WIT"N tip; WHEREOF- the parties to then pr'es-eats licive hereunto set their hands the dark and year fir'4t her°ein ahove ti\ ritte"rt. TOWN OF '1'1131-~RON AE'PRt VEI AS "T"() FORM- Arrtt Daartf wth, To ti Atttrmc; f~R-- Print Title, F,ne nc T,vo n-~rkide Striping, 2!)!t) EXHIBIT A CONTRACTOR'S PROPOSAL (attached) Fine Line - Town-wide Striping 2010 EXHIBIT Fine Line Striping, Inc. P.O. Box 1836 Rohnert Park, CA 94928 State Lic.# 737590 PI-1(707)829-01 OO/Fax 824-0900 alk N%W 'it. Estimate DATE Estimate # 6 16 2010 1:10153 ■ w w. CUSTOMER F-own Of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 JOB NAME TERMS AS PER 10Junc l6. -1010 Restripe upon completion F-mail 6 15 10 QUANTITIES MEAS DESCRIPTION ITEM NO. Total I W 1.F Double Yellow 1 570 1.F Double Yellow 2 400 LF Double Yellow 2A I.()00 1 F Gash Yellow 2A 195 LF Double Yellow 3 100 LF Double Yellow 4 1.680 1.F Dash yellow 4 70 LF Double Yellow 5 240 LF Double Yellow (i 80 LF Double Yellow 7 2.203 LF Dash yellow 7 939 LF Double Yellow 8 380 LF Double Yellow 9 1.340 LF Dash yellow 9 115 1.F Double Yellow IO 680 LF Dash yellow 10 645 LF Double Yellow 11 170 LF Double Yellow 12 100 1..F Double Yellow 13 1,200 LF Double Yellow 13A 800 LF Dash Yellow 13A 1.000 LF 4" white stripe (foglinc) 13A 365 LF= Double Yellow 14 2.335 LF Dash yellow 14 644 LF Double Yellow 15 1,257 LF Dash yellow 16 495 LF Double Yellow 17 225 1.1- Double Yellow 18 664 LF Double Yellow 19 3.090 1.F Double Yellow 211 I`his estimate is based on 1 coat of paint with beads. Thank you for the bid opportunity. Total All material is guaranteed to be as specified. and the above work to he preformed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner. Any alteration or deviation from above specifications involving extra costs will be exrcuted only upon written order. and veill become an extra charge over and above the estimate. All agreements contingent upon strikes. accidents, or delays beyond our control ]-his estimate may be withdrawn by Us if not accepted within 30 da%s. I he above price., specifications and conditions are satisfactory and are herehv accepted. You are authori/ed to do the work as specified. Payments %%III he made as outlined above SIGNATURE AND DATE Panp 1 Fine Line Striping, Inc. P.O. Box 1836 Rohnert Park, CA 94928 State L.ic.# 737590 PH(707)829-0100/1°ax 824-0900 Estimate DATE Estimate # 6 162010 F:10153 Inc. CUSTOMER 'I-o«=n Of Tiburon 1505 [ iburon 131W. 1 iburon. CA 94920 JOB NAME TERMS AS PER 103uncl6. 2010 Restripe upon completion [,-mail 615 10 QUANTITIES MEAS. DESCRIPTION ITEM NO. Total 200 1-17 Double Yello« 21 140 LF Double Yello~k 22 150 IT Double Ycllo%% 23 1,500 IT Double YelloNN 23A 300 [.F Double Yellow 24 180 LF Double Ycllo« 25 2.080 LF Double Yello« 26 3.910 1_.1. 4" white Stripe (fogline) 26 50 LF Double Yellow 27 650 IT Double Yellow 28 595 LF Double Yellox% 29 920 LF Double Yellow 30 180 LF Double Yellow 31 325 LF Dash fellow 31 60 LF Double Yellow 32 1 Lump Sum Striping 10_495.i►ta This estimate is based on 1 coat of paint w ith beads. Thank sot, for the bid opportumt-,. 00 495 l S i 0 T t . . o a All material is guaranteed to he as specified. and the above work to he preformed in accordance with the dra%+ings and specifications submitted for abk)%e %%ork and completed in a substantial workmanlike manner. AnN alteration or de%iation from above specifications in%ol%mg, extra costs N%ill be executed onh, upon %%ritten order. and kill become an extra charge over and above the estimate. All agreements contingent upon strikes. accident:. or dela}s be}ond our control I his estimate ma\ be withdrawn b% us if not accepted within 30 da\s. The above prices, specifications and conditions are satisf"aetorN and are hereb\ accepted. You are authorised to do the work as specified, l1avments \►iII he made as outlined abmc. SIGNATURE AND DATE Page 2 c CT+ E ~ G ° yy ~f7 O 7L V Q7 r` i O ~ G LD :v cr) f\+ aV a a r- co a a c 0 0 c O W J C a ai C m c 0 J ~ v U. 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'Z ~ ~ J~ UJLr00a Mcr O O T ~ > C C O C C t/1 Kf c O O m p - ti O c moo ' a N¢< LL C. a y. ao o J a t m CL a °'ym~mmm M Q 5 > > S> i. 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 Fine Line Striping and its officials, agents, and employees. 1.1.4 "Day" shall mean working day unless specifically designated otherwise. 1.1.5 "Excusable Delay" shall mean an actual delay in the performance of the Work by Contractor caused by events to the extent that such events are not reasonable foreseeable and are beyond the reasonable control of Contractor, such as 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 Fine Line - Town-wide Striping 2010 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 Contract. Fine Line - Town-wide Striping 2010 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. Fine Line - Town-wide Striping 2010 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. Fine Line - Town-wide Striping 2010 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 eng eral agg`re agate. Owner and its employees and agents shall be added as additional insured using ISO form CG 70 57 (03-96) or equivalent. Coverage shall apply on a primary, non- contributing basis in relation to any other insurance or self-insurance, primary or excess, available to Owner or any employee or agent of Owner. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. 4.1.2 Business Auto Coverage shall be written on ISO Business Auto Coverage from CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to any umbrella policy required above for a total limit of no less than five million dollars each accident. 4.1.3 Workers Compensation/Employer's Liability shall provide workers compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars per accident or disease. Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the Owner. 4.1.4 Contractor and Owner further agree as follows: 4.1.4.1 All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 4.1.4.2 Unless otherwise approved by Owner, Contractor's insurance shall be written by insurers authorized to do business in the State of California and with a minimum ABest's Insurance Guide rating of AA: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 Fine Line - Town-wide Striping 2010 8 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. Fine Line - Town-wide Striping 2010 9 4.3 SUBCONTRACTORS Contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. ARTICLE 5 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 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 Fine Line - Town-wide Striping 2010 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. 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 Fine Line - Town-wide Striping 2010 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 Fine Line - Town-wide Striping 2010 12 CERTHOLDER COPY P.O. BOX 420807, SAN FRAN9CISCO,CA 94142-01807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE RATE: 06--23-2010 THE TOWN OF TIBURON NC 1505 TIBURON BLVD BELVEDERE TIBURON CA 94920.2520 GOP- 000641 POL iCY NUMBER: 0000838-2009 CERTIFICATE ID: 151 CERTIFICATE E P RES: 10-01-2410 10-01-2009110_01-2010 This is to cent f} that v,~e have iss, ec a i< ';1 'A/^. rkers Compensation insurance pQhcv ',r a forrri appro-jed b'j tl Cal forma insurance CZ"-nrr,~s; .ciner to tree er .poyes r'iarned celcw for the wPcficy pe,,;od it?C;catod- This policy is not subje..- to cancekauor by the Find except upon 30 nays advance wvr teen notice to the employer, We mil also give you 30 days advance nonce should this policy be cancelled prior to its normal exp ratiom This certificate of :nsurarice is not are insurance policy and does not arnend. extend or alter the coverage afforded by the policy listed herein Notvv thstavdinq any requirement, terra or condition of any contract or other document wth respect to whirl, certificate of tns,,rance may be iss;jee or to which it may pertain, the :naurance afforded by the policy described he-em is subject to all the terms, exclusions, and conditions, of s:;ch pohcy 1L thorired Representats-ve inter,m P,esicient and "--EC EMPLOYER'Si LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT x#0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2010-06-'23 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: THE TOWN OF TIBURON ENDORSEMENT #1600 - RICHARD REED PRES TRES - EXCLUDED. ENDORSEMENT ,#1600 - PAULA REED SEC VP _ EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-°01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENIPi_JYER FINE LINE STRIPING INC NC PO BOX 1836 ROHNERT PARK CA 94927 [ANI,A GSj NC PRINTED : 06-23-2010 'Rii .1.2 10) Jun 23 10 04:33p Sheppard 916784020 p.2 CERTIFICATE OF LIABILITY INSURANCE ID AA vA - e I.MLOUfTT TT} a8123/1t? THIS CERTIFICATE 13 i3SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE. Sheppard & ASSOC Ing Agency HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 970 Reserve Drive Suite #170 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Roseville CA 95578 Phone. 916-784-9292 Fax; 916-'784-0202 INSURERS AFFORDING COVERAGE NAIC INSCREAA: Interstate Fire & Casualty Fine Lane Stlri 1►~scII~I1R11 Financial Pacific 31453 i pii7q, Inc. Donnell or Richar3 a~~u~TIRC P. fl. Box 1836 Rohz~ert Park CA 94928 INSJ~€~~ IK ukLK L COVERAGE THe POL;GIZS OF INSJUNCE LISTED EE10W HAVE BEEN ISSUED TO THE N9URED ,1tAA4 D ABOVE FOR THE POt..W„Y 404CATW U NOTW'"riS' »i.3 ,,,I ANY P'tEQJ!RE t+#T, TIERM OR CONO TION OF ANY CC3wrRAC7 OR OTHER VO UWENT w" MH RESPECT TO VMNCH T4S Gr.-1TIFCAT M~+Av BE SSUFO OR I MAY I*RTAIAi, INC N S,0tX E AFFOnEO OY T4E PO <0ES OE5CWBEQ y}EREi N IS SU CT TO ALL T-4k TERMS. EX L AS'NS AND CCNJI .W' CIw. SUCH N P~{JI.IC.IsS.. A€~GRI GATE UI&T5 S40WIN w.AAV HAVE SEEN REDUCED BY PA10 CLAWS LTIt SRO TYPE OF MISURANICL POLICY NUMBER DATE 'ARM t7iJtYYYY ' GATE RAfrTtt700yVYY LIIaMT& GENERAL LIABILITY EACH QCCURFFNCE $ 10t10000 ,A, X X COMMERIC'ALG"OSERA LIABILT'x LICICO0 89 ? 11/2S/09 11/25110 $t>Iti1 s , 1~crcur cc} SIDO000 -7~ CLAIMS VAOC X O CJ€4, ~ ra_0 CXP IA - y ~~,t ~aaraur+f S 5 000 PER ONAL & A YV ,.UAY $1000000 ~r ERAL A ,R€ SATE C,w'+i s2000000 t3ENt.AGGREGATE LIMIT ADDLICSPEaf, WR0jYji tS n 0klPfOIARC4 s2000000 X POLICY LOC. j W Att'TOMIOHILE LIASIJTY 9 ' t;ETI.t6lI^~3 ~aavLE ..iI1 Y C1?4?~'t}C Y #t°t~ ~y, AIti'T AUTO 180506A 11/25/09 f 5 / l o y Lei ~S»" t"I# a14j 1, . $ B X u:Cv1CDyJLCD AUTOS " i tPer Wx r' X *44RF0 AUTOS BOJIt.Y #^4 JTcY X NON-OWNED AUTOS (Per ate: srst; PROPERTY DAMAGE :I s (Por xc 0wq LLaIBE1TY AJT0 04LY • EA AMOENT ANY AJTO Ot",FR TKAN FA ACC , s AJT431 NL ' A4a{"s E$8l UM>I3TtELLA LIABILITY ExC L 1 EACH OCC'JRREW S OCCUR CLA VS MA"J£- AGGREGATE . 3 i x OEOUCT;fte L ' IMAO ! ' wu T4- T TC L~ I;i AM E M P L L I Y E R I i ! LIABILITY Y i a ti AMY PRO-)2IETOI~AiRT4ERtFXEC..t?,1/'-- fR MEM ER EXCLJOED? Qf H ACO DENT E L EACH ^ Illistdja-V to 414) ~L LRS'eASt EA EIVPLOYEE 5 M rs. dacnde un6la r ' Sf°EC'N. °'Kv1+t$tC3idS bb°S► . ~ E.L C=SEASE • PO1.ICY L,I?" $ OTHER I 5ESCPLIPTMbN OIL OPERATIONS t LOCATIONS i VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS cancellation Rxcept on: 10 Daly notice for nonpayment of premium. Town of Tiburon and its employees are named as additional insured in regards to the General and Auto Liability policies, p er the attached e►ndorsexent. Insurance is primary and non contributory. CERTIFICATE HOLDER CANCELLATION S14OULD ANY Of THE ABOVE DESCRIBED POLICIES BE CA7+ICELLEO BEFORE TA EXP11RATIO1 TOWNOFTT DATE THEREOF> THE 1'S301410 INSURER WILL ENDEAVOR TO MAIL IQ.-_ HAYS WRIT-Tex NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF'. BUT FAILURE TO DO SO SHALL IMPOSE NO tOOLIGATION OR LIA8ILIrY Of ANY KIND UPON THE PISUREP, fTS A4ENTS OR Town of Tiburon REiRESEfiTaTIYES. Attn: Nicholas Nguyen 1505 Tiburon Blvd. Tiburon CA 94924 ACOR>D 25 (2449149) , reserved. The ACORD name and logo am registerea markE Of ACORD Just 23 10 04:33p Sheppard 916784020 P.3 LIC IOOO589 COMMERCIAL GENERAL LIABILITY CO 20 33 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEI IENTWITH YOU This endorsement modifies insurance provided under the hollowing COMMERCIAL GrzNERAL LIABILITY COVERAGE PART A. Section 11 - Who 1s An insured is amended to include as ari irsured any person cr organization for whom you are performing operatic ns when you and such person or organization nave agreed in writing tri as contiaCt or agr'eert ent that swch parson or organizaticr. be added as an additional insured on your policy. Such person or organization is an additional insured omy w 1h respect to liabPity arising out of your tangoing operations performed for that insured A person's or organization's status as an insured under this er=cierseernent ends wher, your operatiors to that insured are completed B. With respect to the insurance afforded to i~ese additional insureds, the following additional exclusions apply 2. Exclusions This inscarance dries not apply to, a. "Bodily m ury" "property damage' or "personal and advertising injury" arising out of the rendering iof, or the faiiure to render, any professional architectural, engineering or surveying services, including: (3) The preparing, approving or failing to prepare or approve. maps, shop drawings, opinions, reports, surveys, field carders change orders or drawings and specifications, and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or 'property damage" occurring after; (1) AIi work, ncluding materials, parts or equipment furnished sn connection with such work, on the prefect (other than service, maintenance or repairs) to be performed by or on behalf of the additional irs,ured(s) at the site of the covered operations has o9en completed, or (2) Tr,at portion of ''your work o f of which the injury or damage arises has been. put to is intended use by any pe'son or organization other than another contractor or subcontractor engaged in perforirnir°:g operations for a prircipal as a part of the same protect. CG 20 33 10 01 * ISO Properties, Inc_ 2000 Page 1 of 1 C) Jun 23 10 04:33p Sheppard 916784020 p.4 POLICY NUMBER: LIC1000589 COMMERCIAL GENERAL LIABiUTY CG 20 371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES R CONTRACTORS - COMPLETED OPERATIONS This endorsement, t odfies insurance provided under the fcllowi.g COMMERCIAL GENERAL IABILITY COVERAGE PART SCHEDULE Nor of Person or Organization: Town of Tiburon and its employees Location And Description of Completed Operations; AN Califomia Operations Additional Premium: NOME (If no entry appears above, informat-on required to complete this endorsemer:t will be shown .r tle Deciaratrons as applicable to this endorsement ) :Section 11 - Who Is An Insured is amended to include as an insured the person or organization s-iown in the Schedule, txA only with respect to liability arising out of "your work" at the locatior: designated and described in the schedole of this endorsement pe°formed fo, that insured and included to the "products-competed operations haz- ard". CG 20 3710 01 0 ISO properties lrc_ 2000 Page 1 of 1 13 Jwn 23 Ill 04:34p Sheppard 916784020 P• Town of Tib,:ron artd its employees LIC1E 589 AMENDMENT OF OTt R 1h UR.A WE CMIXTION - PRIMARY INSURANCE FOR AUTOMAT STATUS MOTIONAL INSURED THIS EN ORSEWNT C Ml TIQ! PM10Y, PLEAW READ tr CARlVULLY. 'm ertaor rat moaffi" xiaromi pri*cl uncut the fEfllt>wng: CC WYMC:1Ad. Oe L LIJUBILITYCOVERA06 PART requxnd c n4u a wr tte-n "ins,: =r*al* with yw, pamtGMh a. Peary Insurance in Sedrpn IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 4, Other le t is amid by adj rQ the fbltaw~v Pa, a aph, Not wtnstandir - the foregorrg, the v-surnce effc ed to any perscP or orgartza n w ha I-as oeen 8dcle^f "is polity by an Aut o;, Staffs Add tfcv~ insured Er4orwrnert is primary ar-C ncrv- cor0t,utW Wm rw,,ce, but only as re;spa=': htjry* or *property age liabi0ty or inq of,yoga, woW Performed alter the of mvaa date o tos s ociicy under a w*en conm bWween -PL and u r per or organza th r ir" you to €m ain primary and nor tritMO(y n r anti to ifk we stud perms or organization as addttional v red there" uxlee. Ail other terms and candtions of thJs p4llCV remain unchanged. lCB°8W l 04-05 Jon 23 10 04.34p Sheppard SEA' 19 %rv.Pf~, 10; 14 FR .ROLSE AND ASSOC POLICY # SIC 1000589 916784020 916 69 2?63 TO 3692763 COMMERCIAL GENERAL LIASIL#TY CO 24 04 10 93 THIS ENMR EMENT CHANGIES THE POLICY. PLEASE READ IT CAREFULLY, WAIVER F TRANSFER RIGHTS F RECOVERY AGAINST OTHERS T US This mo-"rrt modiftes insurance provided under the "10MM9, COMMERC A'L- GENERAL L ABILl"Y COVERAGE PART Name of won or Organization: SCHEDULE 'As dewribed in the oontract or agreer'r1Mnr (if no entry mars above, inlorrnatiori required to Complete this endorsernent w4l be shcwr in the [)eCivatior€s The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Coles orx (Section tIt - COMMERCIAL GENERAL LIABtLI'Y C DlTtON$) is arnendw by the adtiit on & the following: We wive any right of re vey we may have against the peon or organizaCcn shown in the Schedue above because of payments make for injury or damage arising out of your onga rig Operations or, -your worK' dram under a c ortmct with that person or or intzglor° and oncl;,ded ir,, the "pwoduc c ornp ed rations hazard", Thts waiver eptafieA on y to the c>erson or organ,za*.ior Shown the Scnedule above 0024041093 00.,right, lnsuranee S&-Acts Office. Imo., 1992 Pace , of 11 o Jun 23 10 t14: 48p Sheppard 916 784020 P.1 POLICY NUMBER, 180506A COMMERCIAL AUTO? • GARAGE COVERAGE COMMERCIAL. AUTO - BUSINESS AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATE=D PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE FORM COMMERCIAL AUTOMOBILE - GARAGE COVERAGE FORM SCHEDULE Name of Pusan or Organization: Town of Tiburon and its employees (ACTING WITHIN THE SCOPE O THEIR DUTIES THAT ARE CON7ROLLELI AND SUPERVISED BY THE PRIMARY (FIRST) ADDITIONAL INSURED) JOB DESCRIPTION: Striping JOEL LOCATION. Town of Tiburon A. Coverage The person or organization shown in the Schedule is included as an insured but only if liable for the conduct of an "insured" and only to the extant of treat !:ability B. Cancellation 4, If we cancel the policy we w l,F mil or deliver notice to such person or organization in accordance with the Common Policy Conditions, 2. If you cancel the policy, we will mail or deliver notice to such person or organization. 3. Cancellation ends this agreement. "WHEN THIS ENDORSEMENT APPLIES, SUCH INSURANCE AS IS AFFORDED BY THE GENERAL LIABILITY POLICY IS PRIMARY INSURANCE AND OTHER INSURANCE SHALL BE EXCESS TO THE. INSURANCE AFFORDED BY THIS ENDC,ORSEMEN7 FPIC60 (08.98) Page 1 of I Page 1 of 3 Nicholas Nguyen From: Ann Danforth Sent: Friday, July 02, 2010 11:26 AM To: Nicholas Nguyen Subject: RE: Interstate Fire & Casualty Sure, go ahead. Ann Ann R. Danforth Town Attorney, Town of Tiburon adanforthnci.tiburon.ca.us (415)435-7370 From: Nicholas Nguyen Sent: Thu 7/1/2010 3:44 PM To: Ann Danforth Subject: RE: Interstate Fire & Casualty Ann, sorry I missed you! Since you're out of the office, would you want for me to sign for you? Thanks, Nicholas T. Nguyen, P.E. Director of Public Works/Town Engineer Town of Tiburon 415-435-7388 www.ci.tiburon.ca.us From: Ann Danforth Sent: Thursday, July 01, 2010 2:57 PM To: Nicholas Nguyen Subject: RE: Interstate Fire & Casualty I just got off the phone with him. ;rust bring me the does and I'll sign. CONFIDENTIAL - ATTORNEY/CLIENT COMMUNICATION Ann R. Danforth Town Attorney, Town of Tiburon adanforth ,ci.tiburon.ca.us Office: 415-435-7370 7/2/2010