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HomeMy WebLinkAboutAgr 2012-05-02 (Metro Construction, Inc.)TOWN OF TIBURON TIBURON, CALIFORNIA TOWN HALL ADA IMPROVEMENTS 2012 OWNER-CONTRACTOR AGREEMENT THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this Z day of M Pry , 2012, by and between the TOWN OF TIBURON, a municipal corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner"), and METRO CONSTRUCTION, INC., 1 Black-field Drive, Suite 323, Tiburon, CA 94920 ("Contractor"). In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I WORK DESCRIPTION The Contractor shall do all the work and furnish all the labor, services and materials necessary to complete the work described in the Contractor's Bid Proposal attached as Exhibit A ("Work"). The Contractor shall complete the Work in a good, workmanlike and substantial manner, to the satisfaction of Owner and in accordance with the terms of this Agreement and the required Town's permits. ARTICLE II CONTRACT SUM Contractor's compensation under this A reement shall be known as the Contract Sum. The Contract Sum shall be a not-to-exceed amount of $-3e, DO. 00 as full compensation for the Work. All payments shall be subject to the General Conditions, set forth in Exhibit B. ARTICLE III TEVIE 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 3° days after receiving the Notice to Proceed ("Scheduled Completion Date"). ARTICLE IV EXHIBITS This Contract includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A The Work (Contractor's Work Proposal not inclusive of terms and conditions) Exhibit B General Conditions Metro Construction - Town Hall ADA IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first herein above written. TOWN OF TIBURON APPROVED AS TO FORM: By Margaret Cun , Town Managger By Ann Danforth, Town Attorney CONTRACTOR: 1N► v 004 5Ttzu cmotJ/ rN c . By R.~►~j ~`1r Print Titre ? WS 1064 1 Contractor's License No. g Expiration Date: '3.31. 12-- Metro Construction - Town Hall ADA 2 i % E~ Brr A CONTRACTOR'S PROPOSAL (attached) Metro Construction Town Hall ADA 6i? Metro Construction, Inc. 1 Blackfield Drive, Suite 323 Tiburon, CA 94920 Phone 415.331.1101 Date: 4/26/12 Proposal for: Tiburon Town Hall ADA Accessibility Project Mr. Joel Brewer Superintendent Department of Public Work -Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 }+X'H7RjT A Dear Joel, Per our site visit on March 20 and discussions about the scope of work with you and Fred Lustenberger, we submit our proposal to provide alterations to Town Hall to correct ADA deficiencies, in the lump sum amount of Thirty Eight Thousand Nine Hundred Dollars and 00/100 ($38,900) for the scope of work as specifically outlined below. Scope of work as directed by the Town of Tiburon: 1. All issues concerning parking including but not limited to, placards, stenciling, signage, van accessibility, etc. Check all issue's at Town Hall parking areas. Issues: parking pad is not less then 2% slope; van side discharge is not the right size; stall painting and painted markings are not correct; signs are not correct. Scope of Work: Remove pavers and install a tinted concrete pad (color to be determined) in a 21' x 35' area with a broom finish. Tie into exiting pavers on three sides and the concrete retaining wall on one side. Install parking stall marking paint, disabled access symbol paint, van accessible discharge marking paint, including "No Parking" verbiage, supply and install four new signs (two for each spot) to be placed on existing posts. This assume the ramp, which is presently too steep, will be reworked coming out into the parking area parallel to the north retaining wall. This configuration will necessitate a full rework of the parking area, including loss of the small compact stall on the south side. If the ramp is not reworked or corrected, the parking area costs may be less based on the final scope of work. 2. Installation of truncated dome (Tactile) mats, at front entry to Town Hall at entry steps, and other locations to be identified as scope of work. Scope of Work: Provide and install truncated dome mats in two locations as follows: Location 1 - i approximately 10 feet long x 3 feet wide area between two existing concrete bollards at the top of the existing disabled access parking discharge zone; and Location 2 - approximately 12 feet long x 3 feet wide from the entry of the newly extended disabled access ramp to the top of the parking area terminating at an existing concrete bollard. Truncated domes are to be wet set in new concrete. Dome strips come in various colors but must be opposite in color from their background. Note: truncated dome termination at north concrete wall is dependent on access ramp reconfiguration. 3. Control access notification to the blind when approaching parking area and drive lane. This work is in lieu of installing truncated dome notification strips across the entire front patio area. Scope of work: Supply and install new 2" wide vinyl coated chain between existing bollards at the head of the two existing disabled parking spaces. Do not install chain where tactile domes are installed as noted above. New chain is to be fastened to new galvanized steel eye bolts anchored into Town of Tiburon ADA Work Proposal 4/26/12 Page 2 of 4 the existing concrete bollards. Provide a pipe clamp around the existing steel post. Color selection of chain to be determined. 4. Provide painted stair tread edge nosing notification on front concrete stairs. Scope of Work: paint 2" paint strip on each stair tread nosing. 5. Install correct stair striping at steps located at the back of Town Hall leading to the paid parking area. Provide notification to the blind that they are entering a drive area via warning mat. Scope of Work: Paint one 2" strip on all treads. Supply and install one 4 foot long by 3 foot wide truncated dome pad. Glue and screw down to existing asphalt concrete. 6. Provide "Roll-Under Space" at picnic table located at the rear entrance to Town Hall. This will necessitate the adding of concrete path and widening pad to widen the approach to and allow for roll under seating for those with disabilities. Scope of Work: Purchase and install a new 3 seat table and dispose of old table. Allowance cost for table delivered with tax is $900. Note - concrete work priced in the item below. 7. Widen route of travel at the main electrical meter to a minimum of 4' wide at the rear entrance to Town Hall. This may necessitate the addition of concrete to widen path to the rear stairs that lead to the paid parking area adjacent to Town Hall. Scope of Work: remove and replace concrete at rear door, widen concrete path around electrical switch gear and fill in concrete in a 1/4 circle between paths and the picnic concrete circle. 8. Reduce all closure activated doors at Town Hall to 5# pressure closure and install appropriate signage where necessary. Assumes 12 doors need adjustment. This item includes and allowance of $765 Note: if door pressure cannot be reduced, closers will need to be replaced at additional cost. 9. Remove or reposition "Boot Cleaner" located at the rear entry to Town Hall. 10. Install stainless steel "Bollard" or extend wing wall at the drinking fountain area adjacent to the restrooms located in the rear hallway near the rear entry to Town Hall. 11. Install compliant toilet paper dispensers at all toilet stalls. Scope of work: remove and replace 5 toilet dispensers. Replace with Bay West Dubl-Serv 2-Roll Tissue Dispenser. Color to be a smoke gray. Cover old holes in ceramic tile with white caulk. 12. Lower "Defibrillator" cabinet and either recess into wall so that a max. of 4" protrudes or locate a bollard below. Scope of work: relocate defibrillator box to wall on left hand side of access to toilet room vestibule. Recess existing box into new wall opening. Cut open sheet rock, reframe wall with metal studs, mud and tape opening. Patch, prime and paint entire wall at new location and old location. Paint to match. 13. Insulate "P" Trap and hot water piping under break room sink. 14. Toilet room signage and front door accessibility signage Scope of work: remove and replace toilet room door signage with appropriate door and strike signage, including Braille requirement. Locations are one men's and one women's room door on the ground floor and one unisex toilet room on the second floor. Signs are to be made in blue plastic. Add Building Solutions Since 1992 i Town of Tiburon ADA Work Proposal 4/26/12 Page 3 of 4 on disabled access placard 6" x 6" in blue and white on the left side of the front door indicating accessible entry to the disabled. 15. Correct ramp slopes and reconfigure non-compliant landings as necessary. This will be in the front or entry area of Town Hall, located to the left of the entry when facing the building from the front. We should measure and see if there is a configuration that may work in this area so as to come into compliance, if feasibly possible. Scope of Work: Top of ramp - remove approximately 15 feet of ramp at top of ramp and rebuild extending ramp to front door landing. Add correct grooves at top of ramp in concrete to notify visually impaired of ramp start point. Bottom of ramp - at bottom of ramp, remove and replace bottom landing to be 72" long, less then 2% slope and correct slope tie in to ramp. Additionally, remove very steep ramp to disabled parking area. Install new concrete curb and gutter and ramp to the south and then turn back east a parallel the existing concrete retaining wall until the ramp (at less then 501b) ties into the parking pavers. No asphalt work is included. No handrail work is needed at the new ramps. Curb should be less then 6". Handrail rework is needed at the existing handrails and is noted in the handrail item below. Drain inlets is to be left in place and saw cut around. 16. Relocate attached "Sub Panel" at the exit located at the rear exit to Town Hall from the latch side maneuvering space at the exterior of the building. Scope of Work: Remove and recess back towards building approximately 2", emergency generator disconnect switch. 17. Reposition and/or relocate all grab bars in the restrooms to comply with current ADA codes as to heights and locations. Scope of Work: we did not measure all grab bars. Scope assumes we relocate 6 grab bars in two accessible stall locations and one unisex restroom. Fill remainder holes with white caulk. 18. Correct main entry landing slopes at the entry to Town Hall not to exceed minimum ADA standards. This may involve using a topping type mix to bring into compliance. Scope of Work: Remove and replace concrete landing at front door. Note: this scope of work should be tied together with the reworking of the top of the disabled access ramp noted above, as the two landings should be one in order to make the slopes of the ramp meet the landing at the front door. If this item is selected alone, the distance from the ramp top to the landing, which is currently non- compliant, will be reinstall non-compliant. 19. Correct ramp handrail extensions, located at the entry ramp to Town Hall so as to comply with current ADA standards. Scope of Work. modify top and bottom handrails on both sides of ramp to work with corrected ramp slops. 20. Install 10" minimum height "Kick Plates" on doors leading to the upstairs community room. Scope of Work: Custom make door kick that return on themselves for approximately 1" where they can be seen thought the glass pane of the door. 21. Shop Drawings - provide shop drawings to show areas of concrete work and hand rail details. Drawings to include slopes on concrete and elevations from a generic starting point (these are not survey drawings). Drawings to be approved by the Town of Tiburon prior to the start of work. Back ground drawings to be provided by the Town of Tiburon for our use. Building Solutions Since 1992 A 3~e Town of Tiburon ADA Work Proposal 4/26/12 Page 4 of 4 Joel, please review the list and let me know if you have any questions. Please note that we have not included permit drawings or permit costs. Also, we exclude: performance and payment bonds, union labor, overtime, hazardous materials -or dead based paint identification, abatement, removal or disposal. We have included all work to be provided at prevailing wage. Construction schedule / phasing - we propose to start the concrete work on a Saturday. We will start at the rear entry with removal and replacement of the concrete at the rear entry door on that Saturday. We will move to the front, continuing with demolition (jack hammering) on Saturday but continuing on -Monday until demo is complete. This will be a noisy activity. We will need to close off the entry to the front door from Saturday to the next Thursday. Entry is possible, if you would like, through the town hall .space to the right of the front door. Note that wheel chair access during this time would be through the rear entry door. We figure someone with the town will help with temporary. signage and coordination issues associated with access to the building during the concrete work at the front door. We assume notification will be given to the town employees about what we will be doing and when. Regardless of the suggested schedule above, we will work on a schedule that best meets the Town needs. Temporary pedestrian access facilities, signage, material and equipment needed for detours as needed and required by the Town are included in the above quote. Thank you for requesting a bid from Metro Construction. Our bid is good for 30 days. Sincerely, Bradford C. Tardy President Metro Construction, Inc. Cc: file Building Solutions Since 1992 EXI:ilBIT B GENERAL CONDITIONS ARTICLE 1 IN GENERAL 1.1 DEIFINITIONS 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 Metro Construction, Inc. and its officials, agents, and employees. 1.1.4 "Day" shall mean working day unless specifically designated otherwise. 1.1.5 "Excusable Delay" shall mean an actual delay in the performance of the Work by Contractor caused by events to the extent that such events are not reasonable foreseeable and are beyond the reasonable control of Contractor, such as 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 Metro Construction - Town Hall ADA 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. Metro Construction - Town Hall ADA 5 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 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. Metro Construction - Town Hall ADA 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. Metro Construction - Town Hall ADA 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 011185 or 88 or equivalent. Policy limits shall be no less than one million dollars12er occurrence for all coverages and two million dollars general ag egate. 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 0106 92 including symbol 1 (Any Auto). Limits shall be no less than one million dollars per accident. B-A"eliey 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:V11. 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 Metro Construction - Town Hall ADA 8 (LP 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. Metro Construction - Town Hall ADA 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 maybe obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship Standards and its branch offices. 5.1.6 The Contractor shall make such travel and subsistence payments to each workman needed to execute the Work as are established in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code. 5.1.7 The Contractor and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractor or subcontractor in connection with the Work. The payroll records shall be kept in Metro Construction - Town Hall ADA 10 0 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 Metro Construction - Town Hall ADA 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 CIJAJ Metro Construction - Town Hall ADA 12 05/10/2012 THU 9:52 FAX 0001002 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (1Iw09NO12001YYYY) 7M PRODUCER Phone: (848) 350-0545 I= (458) 350-0956 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K T L BUSINESS INSURANCE SERVICES, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 322 STH STREET SUITE # 101 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DEL MAR CA 92014 ALTER THE C2VERAGE AFFORDED BY THE BEL - - INSURERS AFFORDING COVERAGE NAIC # A Uclt OD58801 _ INSURED INSURER A: CaStlePaInt National Insurance Company 17205 METRO CONSTRUCTION, INC. INSURER 8: Amerlran Economy Insurance Company 19690 1 BLACKFIELD DRIVE #323 INSURER C: BELVEDERE TIBURON CA 94920 INSURER D. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 7HE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR LTR ADD% TYPE OF ptSURANCE POLICY NUMBER POLCYEFFECM DATE Nwao POLCYEXPRATION DATE (KNOCAM LIMITS GEKERALUABAITY 10ATMAG-304257-GLO3 10121/11 10121M2 EACH occ mE s 1,000, 00 X OOAtbtERCU1L GENERAL LIABILITY PRDAMAGE TO REkTW EMws i 300,000 -1 CLAIMS mm* Fx-~ occult MED. EXP (Anyone person) s 10,000 A PERSONAL a AOV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'LAGGREGATE LIMIT APPLES PER: PRODUCTS X)WiOP AGO. S 2,000.000 PRO- POLICY JECT LOC AUTOMOBILE LIABILITY 02CE22465110 01/21112 01121113 COMBINED SINGLE LIMB (Ea wddent) $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY Per o~on) _ X SCHEDULEOAUTOS ( p B X HIRED AUTOS BODILY INJURY s X NON-OWNEDAU10S (Parseddent) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - ACCIDENT = ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGO S EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE i OCCUR MANS MADE AGGREGATE _ i S DEDUCTIBLE s RETENTION $ s WeSTA111 WORKERS COMPMAnON ANO OTHER 7mt ams 1 EMPLOYEMP LIABILITY 0NARTMENEXECUM AWFROPRIE E.L EACH ACCIDENT $ 1 OFFICE11014DA SR EXCLUDED? E.L. DISEASE-EA EMPLOYEE - S Mris.de nib urger OFECYILPROYttiR M, E.L. DISEASE-POLICYUMTT s OTHER: DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE PROJECT ADA IMPROVEMENTS TO TIBURON TOWN HALL @ 1505 TIBURON BOULEVARD, TIBURON. CA 94920 TOWN OF TIBURON, MUNICIPAL CORPORATION AND ITS OFFICIALS, EMPLOYEES, AGENTS AND CONTRACTORS AND TOWN'S ENGINEERS ARE NAMED AS ADDITIONAL INSUREDS ON GENERAL LIABILITY AND AUTOMOBILE COVERAGE PER ENDORSEMENT CG 20 37 07 04. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY PER ATTACHED ENDORSEMENT. 10-DAY NOTICE OF PREMIUM FOR NON-PAY CONTINUOUS'" ncnrrn-Arr ur l ncn C011ICt l I ATInfa TOWN OF TIBURON, MUNICIPAL CORPORATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, 1HE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN 1605 TIBURON BOULEVARD NOTICE TO TIE CERTIFICATE HOLDER NAMED TO THE LEFT. TIBURON, CA 94920 AUTHORIZED REPRESENTATIVE Attention: JL*,~ K ACORD 25 (2001106) Certificate N 40875 W AIL;Ur-U UVIKFUIZATION 1UBB 05/10/2012 THU 9:52 PAX ®002002 POLICY NUMBER: 10ATMAG-304257-GL03 COMMERCIAL GENERAL LIABILITY CG 20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Town of Tiburon, Municipal Corporation and its Project: ADA improvements to Tiburon Town Hall Officials, Employees, Agents and Contractors @a 1505 Tiburon Boulevard, Tiburon, CA 94920 and Town's Engineers 1505 Tiburon Boulevard Tiburon, CA 94920 Insurance coverage is primary and non. contributory to any other insurance available to the certificate holder Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and Included in the "products- completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 t7 05/01/2012 TUB 11:46 FAX Policy Number 02CE22465110 ADDITIONAL INSURED "This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM 'T'RUCKERS COVERAGE FORM The previsions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement Town of Tiburon, municipal corporation and its officials, employees, agents, contractors, and Town's engineers ®003004 is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional Insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional Insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured. The additional insured will retain any right recovery as a claimant under this policy. Form TE 99 01 B (Ed. Effective 3/92) Fax Server 5/7/2012 3:48:04 PM PACE 3/003 Fax Server POLICYHOLDER COPY ISSUE DATE: 05-07-2012 P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF" WORKERS' COMPENSATION INSURANCE TOWN-OF TIBURON MUNICIPAL CORPORATION NC BUILDING DEPT 1505 TIBURON BLVD TIBURON CA 84920-2530 GROUP: POLICY NUMBER: 1959118-2011 CERTIFICATE lo- 9 CERTIFICATE EXPIRES: 12-09-2012 12-09-2011/12-09-2012 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 8 DATED 05-01-2012 JOB:ADA IMPROVEMENTS TO TIBURON TOWN HALL 1505 TIBURON BLVD. TIBURON CA 84920 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certiticate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms. exclusions. and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2012-05-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: TOWN OF TIBURON MUNICIPAL CORPORATION ENDORSEMENT #1800 - TARDY, BRADFORD P,S T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-15-2011 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER METRO CONSTRUCTION, INC DBA: METRO NC CONSTRUCTION 1 BLACKFIELD DR STE 323 TIBURON CA 94920 [KDM,CS] NC PRINTED : 05-07-2012 (REV.8•20101