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HomeMy WebLinkAboutAgr 2013-03-27 (Michael Paul Company)TOWN OF TIBURON TIBURON, CALIFORNIA UP&*, , i.. Del Mar Undergrounding Field Support & Multi-Use Path Regrade Paving OWNER CONTRACTOR AGREEMENT THIS OWNER CONTRACTOR AGREEMENT ("Agreement") is made and entered into this _J day of H A CZ , 2013, by and between the TOWN OF TIBUR.ON, a municipal corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner"), and Mt/'19MIL PAUL. CoMIPa4. 1700 CW,-A GCE Rt> PE?t-ALWh%h CA - ("Contractor"). `t4-9s4- 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 (e.g. encroachment permits). ARTICLE II CONTRACT SUM Contractor's compensation under this Agreement shall be known as the Contract Sum. The Contract Sum shall be a not to-exceed amount of $18,268.00 as full compensation for the Work. All payments shall be subject to the General Conditions, set forth in Exhibit B. ARTICLE III TIME FOR PERFORMANCE Contractor shall commence performance of the Work on a date to be specified by Owner to Contractor to proceed ("Notice to Proceed'. Contractor shall diligently proceed with performance of the Work and agrees to achieve Completion of the entire Work within the timeframe directed by the Owner after receiving the Notice to Proceed. ARTICLE IV EXHIBITS This Contract includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A The Work (Contractor's and conditions) Exhibit B General Conditions Work Proposal not inclusive of terms Michael Paul Co - Del Mar UG Field Support & MUP Paving IN WITNESS WIEREOF, 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: .z_..~ c By r-) Margaret Curran, Town Man er CONTRACTOR: M' ael Paul Com an By 1-2 ~ Print Title Ev e S t r~4 Pnl Contractor's License No. A121 60 1 Expiration Date: 10By Ann Danforth, Town Attorney Michael Paul Co - Del Mar UG Field Support & MUP Paving EXHIBIT A CONTRACTOR'S PROPOSAL (attached) Michael Paul Co - Del Mar UG Field Support & MUP Paving "v L1- - X) e, -C YO,--K vi oa v-- Qpo,v-~ 0 0;5 di Y 1 ,r t~ b} Ji v • . r '13 10 39dd oo -invci -1391HOzw 099069LLOL t£ =91 £T0Z/51/£0 y/3 TASK 1 Work To Be Performed: Mill out existing asphalt pavement on the MUP at the conform of the Eastern Lyford parking lot pedestrian path, re-grade, pave and compact with new asphalt concrete per the accompanying diagram and consistent with ADA maximum slopes and grades. Pedestrian traffic control and bypass is required around the construction site and work shall be completed between 9 AM and 2 PM. Total lump sum compensation: $1,923.00 313 Task 2 Work To Be Performed: Contractor will provide personnel and equipment to provide services in connection with the Del Mar Undergrounding project utility cut-over activities, as directed by the Town Engineer. Personnel will consist of a crew of one foreman and one laborer for a period of up to ten (10) days. One backhoe and one tractor will be provided for up to one labor day. The Town Engineer will provide a minimum of 48-hours of notice for the need of a crew for a given day or set of days of work. Total not-to-exceed time and material compensation: $16,345.00 EXHIBIT B GENERAL CONDITIONS ARTICLE 1 IN GENERAL 1.1 DEFMTIONS 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 Michael Paul Company and its officials, agents, and employees. 1.1.4 "Day" shall mean working day unless specifically designated otherwise. 1.1.5 "Excusable Delay" shall mean an actual delay in the performance ofthe 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 Michael Paul Co - Del Mar UG Field Support & MUP Paving 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 TERM[NATION 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. Michael Paul Co - Del Mar UG Field Support & MUP Paving 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-five percent (95%) 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 five percent (5%) retention. 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. 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 Michael Paul Co - Del Mar UG Field Support & MUP Paving 6 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. 2.3.3 Liquidated damages will be assessed at $1,000 per calendar day beyond the adjusted completion date where time may have been extended for Excusable Delay. 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. Michael Paul Co - Del Mar UG Field Support & MUP Paving 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 dollars per occurrence for all coverages and two million dollars general ag gre ante,. 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 relaxed practices. 4.1.2 Business Auto Coverage shall be written on ISO Business Auto Coverage from CA 00 0106 92 including symbol l (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 fiuther 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 ofthe insurance required herein, satisfactory to Owner; consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Michael Paul Co - Del Mar UG Field Support & MUP Paving 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 primn 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 Contractors 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. Michael Paul Co - Del Mar UG Field Support & MUP Paving 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 Michael Paul Co - Del Mar UG Field Support & MUP Paving 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, worlunan 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 Michael Paul Co - Del Mar UG Field Support & MUP Paving 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 Michael Paul Co - Del Mar UG Field Support & MUP Paving 12 AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DDrYYYY) 03/22/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - - PRODUCER Woodruff-Sawyer & Co. CONTACI P1 c0NE -~FAx - 88 Rowland Way, Suite 180 iA&_N9 fail - - E-MAIL Novato, CA 94945 nD,ESST (415) 878-2460 INSURER a First` Mercury InsuraTlCe C 0111PWIV - - l I 1065NAIC 7 ~ INSURED INSURER B : Old Republic Gencial hisurance Corporation 24139 Michael Paul Company, Inc. INSURERG 1200 Casa Grande Rd. - _ Petaluma, CA 94954 , INSURER 0 INSURER E INSURER F ; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIRT TYPE OF INSURANCE iAGOLrS - - MY NUMBER POLICY EFL ' PODGY I±JCP t - - - R pOl ER2 MMIDDfYYYY M_tIVIDDtYYYY 10 0118 ( 1 ? Ut01 /20131 ~y LIMITS F I X~l'.~Yt2 - ACH i t~l=; GENERAL LIABILITY I A 1 C`~i93491204 EACH o s ,()0(1 NLL CcU RRENCE t t a€+E $ l,1()410OU:{II)tl I Fin s s COMMERCIAL GENERAL LIAFiII ITY (t,', r. CLAIMS-MADE ~ 1 OCCUR 1 I ED EXP (Ancwt t-10159n) j 5 5,000 PERSONAL & ADV !NJURY $ 1,000,000 1 GENERAL AGGREGATE s 2,000,000 GENT AGGF ATE LIMIT APPLIES PER { ( PRODUCTS - COMP/OP AGU $ 21000,000 PRO $ AUTOMO BILE LIABILITYT L G H { 491204 l 01(} 112012E 10/O l /2013 lPdG 'C 11i W1 1 000 000 GA9 B , , A 1 3 ' X ANY AUTO BODIL Y INJURY (Per person) $ j At L OWNED F SCHEDULED AUIOS AUTOS BOCII Y INJURY (Per accident) $ I I ; I X 'NON-OWNED X - f r''Rf)'I Fat Y DAt?li`~ $ t I HIRED AUTOS AUTOS f?cr erc.°}rat, UMBRELLA LIAB A OCCUR ~ 5,000,000 NYEX00000 1833601 1 10,10 l%2012 10;0 1!20 3 EAL I I c~CCLI~FaI ICE 1 ~at..~ ~ f EXCESS LIAR r S , , { CL ,s t'1r u ~ 5,000i000 AGGREGATE $ DE 1) F>E 1 14 i tx714 ' • $ WORKERS COMPENSATION - - _ . ~ l _ B AND EMPLOYERS' LIABILITY Y N C W93491204 10/01/2012. 10/01/2013 X LORY L~~„(` S ELF j t ANY PROPRIETOR!PARTNER/EXE U'I IVE i' NIA X 1 E L ACH ACCIDENT S 1,000,000 - OFFICER/MEMBER EXCLUDED? (MandatM In NH) : I E.t DISEASE EA LP,dI'LUYLF 5 1 10r{1{)i} It yc'~' 1j"Clibe wider 1 000 000 ) j TI tNS bolow DE5GF:,RTfON OE OPERA G' , , . $ I E.L DISEASE - POLICY L'.MIT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach AGORD 101, Additional Remarks Schedule, If more space Is required) Del Mar UG Field Support & MUP Paving. Town of'riburon and its employees and agents are named additional insureds on General Liability coverage per endorsements CG 2010 07 04 and CG 2037 07 04 attached. Coverage is primary and non-contributory per endorsement CG EN GN 0029 09 06 attached. Waiver of Subrogation applies to WC coverage per WC 99 03 15 01 07 endorsement attached. CERTIFICATE HOLDER GANGELLATION Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 LOAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t~awif) GtLo- aiwrn~ ID C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD NAMED INSURED: Michael Paul Company, Inc. POLICY NUMBER: AICG93491204 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization s): Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 Location s) Of Covered Operations Del Mar UG Field Support & MUP Paving. Town of Tiburon and its employees and agents are named additional insureds on General Liability coverage per endorsements CG 2010 07 04 and CG 2037 07 04 attached. Coverage is primary and non-contributory per endorsement CG EN GN 0029 09 06 attached. Waiver of Subrogation applies to WC coverage per WC 99 03 15 01 07 endorsement attached. - required to ~ com I~ Schedule, if not shown above, will be shown in the Declarations. Information re,e-t~ this A. Section II - 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 11 of 1 ❑ NAMED INSURED: Michael Paul Company, Inc. POLICY NUMBER: AICG93491204 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 L Name Of Additional Insured Person(s) ` Or Organization(s)___ Location And Description Of Completed Operations Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 Information rettgired to co Del Mar UG Field Support & MUP Paving. Town of Tiburon and it! employees and agents are named additional insureds on General Liability coverage per endorsements CG 2010 07 04 and CG 2037 07 04 attached. Coverage is primary and non-contributory per endorsement CG EN GN 0029 09 06 attached. Waiver of Subrogation applies to WC coverage per WC 99 03 15 01 07 endorsement attached. lete this Schedule, if not shown above, will b shown in the Declarations. Section II - Who Is An Insured is amended to in- at the location designated and described in the elude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property pleted operations hazard". damage" caused, in whole or in part, by "your work" CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 9 of 1 UNIFORM OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations Town of Tiburon Del Mar UG Field Support & MUP Paving. Town of'Tiburon and its 1505 Tiburon Blvd employees and agents are named additional insureds on General Tiburon, CA 94920 Liability coverage per endorsements CG 2010 07 04 and CG 2037 07 04 attached. Coverage is primary and non-contributory per As required by written contract: endorsement CG EN GN 0029 09 06 attached. Waiver of Subrogation applies to WC coverage per WC 99 03 15 01 07 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV - Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Policy Number Policy Period Producer's Name. Producer Number: Michael Paul Company, Inc. A 1 CG9349 1204 10/0 1 /2012 10/01/2013 AUTHORIZED REPRESENTATIVE Endorsement No. to Endorsement Effective Date: 03/22/2013 DATE CG EN GN 0029 09 06 OLD REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00 Torun of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 Del Mat UG Field Support & MUP Paving. Torun of Tiburon and its employees and agents are named additional insureds on General liability coverage. per endorsements CO 2010 07 04 and CG 2037 07 04 attached. Coverage is primary and non-contributory per endorsement CG EN GN 0029 09 06 attached. Waiver of Subr6gation applies to WC coverage per WC 99 03 15 01 07 endorsement attached. Named Insured Policy Number tticht t'! l'ttttl ('()J11p,111ti Inc-, ; A1CW93491204 Endorsement No. 000 Policy Period 10/01/2012 1 i 10/01/2013 Endorsement Effective Date: _ Producer's Name _ i OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY, INC Producer Number: 0000007000 l If0f 6 G~ - &Offnd 03/22/2013 AUTHORIZED REPRESENTATIVE DATE WC 99 03 15 (01107)