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PW Boyd Park Bathroom DemolitionCity of San Rafael * California Form of Contract Agrcernent for Informal $ids Boyd Park Bathroom Demolition This Agreement is made and entered into this 4N day of 6br-0BE 9 , 2015 by and between the City of San Rafael (hereinafter called City) and DWH Creative Contracting Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter gamed, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary to perform the work for the project entiltled "Boyd Park Bathroom Demolition", all in accordance with the scope of work outlined in the Contractor's quote dated October 13, 2015 attached Hereto as Attachment A. 2- Time of Completion (a) The work to be performed under this Contract shall be comrpenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work, including punchlist items, shall be completed within 5 WORKING DAYS, and with such reasonable extensions of time as may be requested by Contractor and approved by City. 3. Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, pnd that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,200 for each and every working day's delay in finishing the work in excess of the number of working days prescribed Above; and the Contractor agrees to pay said liquidated damages herein provided for, and fyrther agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 4. The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the untis for work in the following scheduled completed at the unit price stated. The number of units contained in this schedule is approximately only, and the figal payrpent shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. BID ITEMS ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTfTy PRICE PRICE Demolish Boyd Park Bathroom and Cap 1. Existing Utilities 1 t.S $18,885.00 = $18,885.00 GRAND TOTAL BID $ 18,885.00 S. Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together wit} such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estinlate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 �Jayp after the pxpiration of 35 days following the filing of the notice of completion and acceptance of the wort by thq Publio Workp Department. Agreement • 1 (d) The Contractor may elect to receive 100% of payments dpe under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securilies of equivalent value with the public agency in accordance with the provisions of Section 4390 of the Goverprnent Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decisipn on valuation of the securities shall be final. 6. Acceptance and Final Payment (a) Upon receipt of written notice that thp wprlt is ready fpr final inspection and aepeptance, the Engineer shall within 5 days make such inspection, and when he finds the work gcceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, inclpdirlg the retained percentagp, shall be paid to the Contractor by the City within 15 days after the expiration? of 35 days following thp date pf rgcopdatjon pf said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faglty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufactprers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) if after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance dye for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 7. Insurance. (a). Scope of Coverage. During the tern of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amoynt of one million dollars ($1,000,000) per occurrenceltwo million dpllars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per pccpmence. 3. If it employs any person, Contractor shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regplations, and as necessary to protect both Contractor and City against all liability for injuries to Coptractoes officers and employees. Contractor's worker's compensation insurance shall be specifically "domed to waive any right of subrogation against City. (b) Other Insurance Requirements. The ins6rrarice coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following reQpirpmepts: 1. The insurance policies shall be specifically enf orsed to ipclgde the City, its officers, agents, employees, and volunteers, as additionally named insureds finder the policies. 2. The additional insured coverage under Cgntrlctor's insqlanpe polipies shall be primary with respect to any insurance or coverage maintained by City bpd shall nqt cell gpon Citi insurance or self-insurance coverage for Agreement • 2 any contribution. The "primary and noricontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 0104 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise mpdi y the terms and con4itions of spid instlrartce policies except upon ten (10) days written notice to City. S. If the insurance is written on a Ciaims Made Foran, then, following termination of this Agreement, said insurance coverage shall survive for a period of not lesq than five years. 6. The insurance policies shlill provide for p re�rojctive dlite of place{nerlt coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied py a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall Contain or be endorsed to contain a provision that such coverage shall also gpply op a prirpary and nopcpntributory basis for the benefit of City (if agreed to in a written contract or agreerrient) before City's own insurpnce or self-insurance shall be called upon to protect it as a named insured. 8. it shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or lirpits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to thp named insured; Whichever is greater. (c ) Deductibles and SIR's. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shah not reoucp the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's ppdon, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administratiop, attorpey's fees apd defepse expenses. (d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set fgrth in ti»s Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contrpctor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. 8. Indemnifcation (a) Except as otherwise provided in Paragraph P., Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, arld hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not linlited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of Contractor's performance of its obligations or conduct of its operations under this Agreement. The Fontractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Igderonitces. However, to the extent that liability is caused by the active negli*ence or willful miscapdrict of the City Indemnitees, the Contractor's indemnification obligation shall be reduped in proportioq to the City Iridemnitees' share of liability for the active negligence or willful misconduct. In addition, the accpptance or approval of the Contractor's work or work product by the City or any of its directors, officers or erpployeps shall not relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's pelor}narice of qr operations under this Agreement, Contractor shall provide a Agreement • 3 defense to the City Indemnitees or at City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period oftirge allowed by law. 9. Nondiscrimination Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 10. Compliance with All Laws Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations upder this Agreement. Contractor shall perform all services under this Agreement in accordance with these laws, ordinances, codes and relations. Con"ptor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and 411 4pmgges, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes pr regulations. 11. No Third Party Beneficiaries City and Contractor do not intend, by any provisiop of this Agreement, to create in any thiFd party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to thp other party. 12. Notices All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of tine date of personal delivery, or if mailed, upon the date of deposit with the United StatFs Post#1 Sprv1pe. Notice *h1ll bq given ps fpllows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915.1560 To Contractor : Matthew Jensen DWH Creative Contracting, Inc. 750 National Ct. Richmond, CA 94804 13. Independent Contractor For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an lndgpendent Contractor and not that of an employee of City. 14. Entire Agreement; Amendments (a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subjgct matter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relatipg to the sybjept matter of this Agreement, shall be valid or binding, except by way of a written arrrgpdment to thil Agreement. Aarepment • 4 (d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor arld the City, (e) If any conflicts arise between the (errgs and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 15. Waivers The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other tens, covenant, condition, ordipance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulatipn. 15. City Business License, Other Taxes Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any aqd all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Agreement, until Coptractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Nr}mber qpd Cergflcgiion). 17. Prevailing Wages Contractor shall pay prevailing wages to all of its eipployees performing work upder this Agreement in accordance with the Califomia Labor Code Section 1771 and San Rafael Municipal Code Section 11.50. 1 80(C). IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the CITY OF SAN RAFAEL: Jim S Utz City Ma ager ATTEST: r Esther C. Beirne City Clerk APPROVED AS TO FORM: DWIJ CIREATIVE CONTRACTING INC. P BX=� Robert F. Epstein Printed acme: �►toiI City Attorney Title: V1,CA.��GSi File No.: 22.08.09 Agreement • 5 am mmm lama& CMTIVE COMPMETING October 13, 2015 Mr. Jeff Stutsman P.E. Assistant Civil Engineer City of San Rafael, Dept. Of Public Works Subject: Demolition Reference: 1125 B St. (restrooms) San Rafael, CA. Dear Mr. Stutsman ATTACHMENT A 750 National Ct, Richmond, CA 94804 1-888-304-DWH1 www.dwhcreativecontracting.com License #985951 DWH Creative Contracting Inc. (DWH) is pleased to submit this proposal for the structure demolition. Our scope of work is as follows: 1. Per the provided Lead in Paint and Asbestos Micro Analytical Laboratories, Inc. analytical dated 10/8/15 2. Per the job walk with City of San Rafael dated October 7, 2015 Scope of Work: 1. mobilization, a. Submit BAAQMD notifications plus fees. Please note that there is a 10 working day waiting period. 2. Remove approx.. 20 LF of cyclone fencing on Laurel P1 to gain access to appointed structure. a. DWH to provide temporary barrica4es for the duration of our work at opening. b. DWH excludes re instalment of cyclone fencing. 3. Demolition and removal of existing I story CMU structure and totaling 480 SF. Price includes SOG and Footings. SOG NTE 5" in Thickness single layer. Footing NTE Tin depth. All misc. Debris, furnishings and contents not associated with the structure to be removed by others. 4. Remove existing A/C walk ways totaling 90 SF. NTE 4" in thickness s4igle layer. NO petro, Mat. Base rock under walkways to be removed down to soil 5. Utility lines (SSD and Water) will be cut and cape4. Gas anq elcctric to be completed by others. 6. Site to be left in a dean, rough graded condition. Lump Sum: $18,885.00 Duration 3 working days. Standard Exclusions General Exclusions: Permits, utility cut-offs, safeoff, layout, engineering, shoripg, bracing, weather protection, pedestrian barricades, dust partitions, safety railings, wall prep, floor prep, cost impacts from project delays, bonds, glue or mastic under any finish flooring, finish cuts, any work with hazardous or contaminated materials, early payment discounts, SWPP design, installation or maintenance, petromat in asphalt, wire mesh irl concrete. Removal of or cost implications from damage to unknown or buried structures / utilities / building features. X -ray I scanning. Exclusions and Clarifications 1. Price is good for 30 days 2. The work would be performed during regular, straight -time, weekday hours 3. Work stoppage due to layout, dewatering, noise vibration, engine fumes, dust inherent in the type of work and equipment involved, or other reason will be billed at our hourly rate plus markup over and above the contract price. 4. Price is good for 30 days. 5. Price based on one move-in(s). Additional move -ins will be charged $3000 each. 6. Recycling certificates will be available approximately 30 days after the month in which work is complete. 7. Unless for reasons specifically agreed to, a dean hazardous materials assessment is required prior to project start. B. In the event of default in any of the terms of this contract, or in the event of any action to enforce any of the terms thereof, the prevailing party shall be entitled to reasonable attorney's fees and cost of suit. 9. RETENTION IS DUE AND PAYABLE WITHIN 30 DAYS AFTER COMPLETION OF OUR WORK. Interest will be charged @ 1.5% per month on past due accounts. 10. If any dispute arises regarding the performance tinder this contract, the parties hereby agree to arbitrate this dispute pursuant to the construction industry rules of the American Arbitration Association then in effect- This provision does not affect the right of DWH Creative Contracting, Inc. to pursue legal remedies for stop notices, mechanics' liens and recovery against bonding companies. 11. DVH Creative Contracting, Inc. reserves the salvage rights on items not scheduled to be returned to owner per bid documents. Unauthorized removal of salvageable items not iti bid documents will result in a Change Order. 12. The above scope of work and exclusions are expressly the scope of the work for any subsequent subcontract except as agreed in writing. 13. Owner/General Contractor to provide access to power, water to the work area, toilet facilities. 14. DWH Creative Contracting will not accept back charges unless notified in advance and mutually agreed upon. 15. Unless mutually agreed upon in writing, this proposal will be inpprporpted as an addendum to any contract. 16. Work is scheduled on a first come, first served basis, only after a contract has been received. Any job rescheduling within 72 hours of scheduled start date may rf-stik in additional delays. 17. Any indemnity provision will be limited by the law as i the prime and subcontract were entered into after january 1, 2013. DWH excludes indemnification of any person other than the prime contractor and those persons which the prime contract requires the subcontractor to indemnify. 18. Should any persons require use of DWH Creative Contracting's owned or rented equipment, a signed release of liability letter fully indemnifying DWH Creative Contracting will be required. Any operator must provide certification proving ability to operate such a machine or tool. Said party must agree to maintain and fuel the equipment. Please do not hesitate to call me if you have any questions. Thank you for contacting DWH Creative Contracting, Inc. regarding your abatement needs. Sincerely, Afaff" (760raw Matthew Jensen Ac R" CERTIFICATE OF LIABILITY INSURANCE DATE,MMI°°"YYY' L _- I 09/18/2015 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 Bonding & Insurance Specialists Agency, Inc. In California, dba Bonds and Insurance Services, License #0795489 13841 Southwest Highway Orland Park IL 60462-1354 INSURED DWH Creative Contracting, Inc. 750 National Court Richmond CONTACT NAME: Karen O'Connell NAME: DED I I RETENTIONS PHONE.J:ar). 708-598-5355 I 708-598-6686 (nlc. Not: E-MAIL oconne kll ADDRESS: @bisa-InC.COm OFFICER/MEMBER EXCLUDED? INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: ARCH Specialty Insurance Company 21199 INSURER B: ARCH Insurance Company 11150 I INSURER C: I INSURER 0: I INSURER E: CA 94804 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. ILTRR TYPE OF INSURANCE AINSD WVD , POLICY NUMBER (MWDDYNYYY1 IMIINLIDDY�1 LIMITS A X COMMERCIAL GENERAL LIABILITY X XEACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ❑X OCCUR 12 EMP 05418 00 05/15/15 05/15/16 PREM SES EaEoccurrrencel $ 100,000 X 'Contractor's Pollution X for Asbestos & Lead Ops GENL AGGREGATE LIMIT APPLIES PER POLICYX] PRO- LOC JECT , OTHER: AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS X HIRED AUTOS A X UMBRELLA LIAB SCHEDULED AUTOS X NON -OWNED AUTOS H OCCUR X X 11 CAB 92442 00 X X 12 EMX 05419 00 EXCESS UAB CLAIMS -MADE DED I I RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) I(yyesdescribe under DESGIMOTION OF OPERATIONS below CONT CTORSPLUTION aR17Y /q MOLDOPS-CLAIMS MADEFORM X X 12 EMP 05418 00 PROFESSIONAL LIABILITY CLAIMS MADE FORM I MED EXP (Any one person) $ I PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ * PER CLAIM $ COMBINED SINGLE LIMB I $ (Eaenti 05/15/15 05/15/16 130 ILY INJURY I BODILY INJURY (Per person) � $ BODILY INJURY (Per accident) I $ PROPERTY DAMAGE I$ (Par accidenll I$ 05/15/15 05/15/16 EACH OCCURRENCE I $ 05/15/15 05/15/16 AGGREGATE I $ I$ ST ME I I ER I I E.LEACH ACCIDENT Is I E L DISEASE - EA EMPLOYEEIJ$ E L DISEASE - POLICY LIMIT I $ $1,000,000- MOLD LIMIT -PER CLAIM $2,000,000- MOLD AGGREGATE $1,000,000- PER CLAIM $2,000,000- PER AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 107, AddlUonal Remarks Schedule, may be attached U more space Is required) All projects done during the captioned policy term. 5,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 5,000,000 5,000,000 The City of San Rafael, its elective and appointive Boards, Commissions, Officers, Agents and Employees are named as Additional Insureds on General Liability, Automobile Liability and Excess/Umbrella Liability policies. The General Liability and Excess/Umbrella policies are on a primary and non-contributory basis. 10 Days Notice of Cancellation. '30 Days Notice of Cancellation, Subject to 10 days notice of cancellation for non-payment of premium' CERTIFICATE HOLDER CANCELLATION City of San Rafael SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 111 Morphew Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN San Rafael, CA 94915-1560 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE kao ©1988-2013 ACORD CORPORATION. All rights reserved. ACORD 25 (2013/04) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/ PRIMARY COVERAGE INCLUDING COMPLETED OPERATIONS (COVERAGES A, B, D & F) This endorsement modifies insurance provided under the Environmental Multiline Policy It is agreed that Section III - WHO IS AN INSURED is amended to include the following: Under Coverages A,B,D and F the person or organization shown in the schedule below shall be an Additional Insured, but only to the extent liability arises out of YOUR WORK for that Additional Insured and not due to any actual or alleged independent liability of said Additional Insured. This Endorsement does not apply to BODILY INJURY or PROPERTY DAMAGE arising out of the sole negligence or willful conduct of, or for defects in design fumished by the Additional Insured. With respect to the coverage afforded to the Additional Insured, this insurance is primary and non- contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent or on any other basis. This Endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. Additional Insured: ANY PERSON OR ORGANIZATION FOR WHOM YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE WRITTEN CONTRACT MUST BE EFFECTIVE PRIOR TO THE DATE OF THE LOSS OCCURRENCE. All other terms and conditions of this Policy remain unchanged. Policy Number. 12 EMP 05418 00 Named Insured: DWH CREATIVE CONTRACTING, INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 5/15/2015 00 EMP0101 00 01 14 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT COVERAGES A & B (ONGOING OPERATIONS ONLY) This endorsement modifies insurance provided under the Environmental Multiline Policy In consideration of the premium charged, it is hereby agreed that Section III - WHO IS AN INSURED is amended to include as an Additional Insured the person or organization shown in the schedule below as respects Coverages A. and B., but only with respect to liability arising out of your ongoing operations performed by you or on your behalf for that Additional Insured and not caused by or arising out of the actual or alleged independent liability of said Additional Insured. The entities scheduled below are covered under this Policy only for Limits of Insurance up to but not exceeding the amount required by the written contract with you and subject to the Limits of Insurance of this Policy. SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION FOR WHOM YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE WRITTEN CONTRACT MUST BE EFFECTIVE PRIOR TO THE DATE OF THE LOSS OCCURRENCE. All other terms and conditions of this Policy remain unchanged. Additional Premium: $0 Policy Number. 12 EMP 05418 00 Named Insured: DWH CREATIVE CONTRACTING, INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 5/15/15 00 EMP0091 00 05 06 Page 1 of 1 Arch Insurance Group' ARCH SPECIALTY INSURANCE COMPANY (A Missouri Corporation) Home Office Address: Administrative Address: 2345 Grand Blvd., Suite 900 One Liberty Plaza, 53rd Floor Kansas City, MO 64108 New York, NY 10006 Tel: (800) 817-3252 ENVIRONMENTAL MULTILINE POLICY COMMERCIAL GENERAL LIABILITY POLLUTION AND PROFESSIONAL LIABILITY INSURANCE DECLARATIONS Policy Number: 12 EMP 05418 00 Renewal of: Producer Name: Bonding & Insurance Specialists Agency, Inc. Producer Contact: Dana Kuber Producer Address: 9340 S. Harlem Avenue Bridgeview, IL 60455 In California dba t3o!idg and Insurance Services License # 0795489 COVERAGE E. (AND COVERAGE F. IF APPLICABLE) PROVIDES "CLAIMS -MADE AND REPORTED" COVERAGE. THIS COVERAGE REQUIRES THAT A CLAIM MUST FIRST BE MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND MUST BE REPORTED IN WRITING TO THE COMPANY DURING THE POLICY PERIOD OR THE EXTENDED REPORTING PERIOD. THE PAYMENT OF CLAIM EXPENSES FOR COVERAGE PROVIDED BY COVERAGES D., E. AND F. REDUCES THE LIMIT OF INSURANCE. PLEASE READ THE ENTIRE POLICY CAREFULLY. Item 1. Named Insured: DWH CREATIVE CONTRACTING, INC. Item 2. Mailing Address: 750 NATIONAL COURT RICHMOND, CA 94804 Item 3. Policy Period: Inception Date: 05/15/2015 Expiration Date: 05/15/2016 (12:01 AM Standard Time at the Address shown in Item 2) Item 4. Retroactive Date: 05/15/2015 Coverage E. N/A Coverage F. (If Applicable) Item 5. Limits of Insurance: Coverages A., B., C. $ 1,000,000 Bodily Injury and Property Damage Limit - Each Occurrence $ 1,000,000 Personal and Advertising Injury Limit— Each Offense $ 100,000 Damages to Premises Rented to You Limit — Each Occurrence 06 EMP0083 00 06 07 1 of 2 $ 5,000 Medical Payments — Each Occurrence Coverage D.: $ 1,000,000 Contractors Pollution Liability Limit - Per Claim Coverage E.: $ 1,000,000 Professional Liability Limit - Per Claim Coverage F.: $ 2,000,000 Fungus/Spore/Mold Liability Limit — Per Claim $ 2,000,000 Fungus/Spore/Mold Aggregate Limit All Coverage Parts: $ 2,000,000 General Aggregate Limit (Other than Products -Completed Operations and Coverages D., E. or F.) $ 2,000,000 Products -Completed Operations Aggregate Limit $ 2,000,000 Pollution Aggregate Limit (For Coverages D., E. and F.) Item 6. Deductibles: Coverage A.: $ 5,000 Each Occurrence Coverage B.: $ 5,000 Each Offense Coverage D.: $ 5,000 Each Claim Coverage E.: $ 5,000 Each Claim Coverage F.: $ 5,000 Each Claim Item 7. Policy Premium: (exclusive of any premium taxes or stamping fees) Surplus Line Tax Amount: Stamping Fee: Premium is Flat X Auditable Minimum Retained Premium 100% Premium Attributable to Terrorism Risk Insurance: $ 0 (Not Covered) Terror Risk Insurance Premium is Included In Addition to _ Policy Premium Item B. Endorsements Effective at Inception: See Attached Schedule of Forms and Endorsements Arch Specialty Insurance Company is licensed in the state of Missouri only. 06 EMP0083 00 06 07 2 of 2 SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED: DWH CREATIVE CONTRACTING, TERM: 5/15/2015 to 5/15/2016 INC. POLICY NUMBER: 12 EMP 05418 00 ENDORSEMENT NUMBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 FORM NUMBER TITLE 06 EMP0083 00 06 07 Separate Aggs Dec (occ-occ-cm) 00 ML0012 00 0103 Schedule of Forms and Endorsements 00 EMP0006 00 02 09 EMP Table of Contents (occ-occ-cm) 00 EMP0002 00 03 04 EMP Policy (occ-occ-cm) 06 ML0002 00 12 14 SIGNATURE PAGE -ASIC OOML0003 00 0807 Service of Suit -ASIC 00 ML0065 00 06 07 U.S. Treasury Notice 00 EMP0018 00 04 04 Deductible Liability Insurance - Coverages A and B Endorsement 00 EMP0086 00 0105 Limits of Insurance -Separate Aggs 00 EMP0025 00 04 04 Employee Benefits Liability Insurance 00 EMP0047 00 04 06 Special Conditions For Subcontractors Endorsement 00 EMP0099 00 06 12 Construction Defect Exclusion 00 EMP0078 00 08 04 Minimum Earned Premium Endorsement 00 EMP0016 00 04 04 Professional Services Defined 00 EMP0049 00 04 06 Terrorism Exclusion 00 EMP0054 00 03 05 Transportation Coverage Endorsement 00 EMP0053 00 05 04 Wrap -Up Exclusion 00 EMP0052 00 05 04 Waiver of Subrogation - Specific Person or Organization Endorsement 00 EMP0101 00 0114 Additional Insured Primary Coverage Including Completed Operations (Coverages Abdf) 00 EMP0102 00 0114 Covered Operations And Non -Owned Locations Coverage Endorsement 00 EMP0062 00 05 04 Per Project General Aggregate - Excluding Contractors Pollution, E&O and Mold 00 ML0207 00 1103 Manuscript Endorsement D-2 California Notice Signed by: Date: 7/1312015 Authorized Representative ACO ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `� I 9/18/2015 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 I NAME: MISHA ESPINOZA ACI COMMERCIAL INSURANCE I PHONE (714) 755-1575 I FAX (714)755-4124 CA/C, No. E:tl: IA/C. Not: 505 E. First St. E-MAIL ADDRESS: SERVICE@ACIINSURE. COM Ste E I INSURERS) AFFORDING COVERAGE NAIC A Tustin CA 92780 IINSURERA:Travelers Insurance Comnanv INSURED INSURERB:STATE COMPENSATION INSURANCE FUND DWH CREATIVE CONTRACTING INC IINSURERC: 750 NATIONAL CT I INSURER 0: INSURER E: RICHMOND CA 94804-2008 INSURER F: COVERAGES CERTIFICATE NUMBER:2015-2016 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INnn ,&yn POLICY NUMBER IMMIDD/YYYYI IMM/DDIYYYYI I LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE H OCCUR II GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PRO - OTHER: OTHER: JECT AUTOMOBILE LIABILITY _ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAB R EXCESS LIAR H,0LcAc,MuS-MADE DED I I RETENTIONS B WORKERS COMPENSATION 9133268-15 AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? H N I A (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below A RENTED/LEASED EQUIPMENT 6602G406467 5/15/15 5/15/16 I EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES fEa occurrence) $ MED EXP (Any one person) S I PERSONAL a ADV INJURY I $ I GENERAL AGGREGATE I $ PRODUCTS -COMP/OP AGG I $ I �$ CONI 114CU OOYULE LIMIT I $ /Ea accident) BODILY INJURY (Per person) I $ BODILY INJURY (Per accident) I $ PROPERTY DAMAGE i $ Wer accidenll I I$ EACH OCCURRENCE Is AGGREGATE I $ I I$ I X I PER I I ERH I E EACH ACCIDENT Is EL DISEASE - EA EMPLOYEqJJ$ E L DISEASE - POLICY LIMIT I $ 5/15/2015 5/15/16 PER ITEM LIMIT DEDUCTIBLE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be allached If more space Is required) CERTIFICATE HOLDER CANCELLATION 1,000,000 1,000,000 1,000,000 $50,000 $1,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SAN RAFAEL THE EXPIRATION DATE THEREOF, NOTICE WILL BE ED IN 111 MORPHEW ST ACCORDANCE WITH THE POLICY PROVISIONS. SAN RAFAEL, CA 94915-1560 AUTHORIZ {REP E E k ©1988-21614 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) PROFESSIONAL SERVICES AGREE' COMPLETION CHECKLIST AND r re rp L & --' V.- 2 6, J/A-�--- �6 / * Below is the process for getting your professional seivic executed. Please attach this "Completion Checklist an( contract as you circulate it for review and signatures. Ple services a7reements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department ac J Cit Attorney Review, revise, and comment on draft °�r �F�J°.chrcr , agreement. _.......... �` 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review bonds, and msurrove form of ance certificates andent; r -4-11J w � o� Leel,fI endorsements. f - oe r ?� 5 City Manager / Mayor / or Agreement executed by Council authorized w�ze�/J Department Head official. 6 City iClerk agreement signatures, retains original City ty g and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager:9a �- MOLV/1 Project Name: Oo I 1Ar k 8a'{'RQ IM Agendized for City Council Meeting of (if necessary): _ _.__... eh'1d If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. City of San Rafael ♦ California Form of Contract Agreement for Informal $ids Boyd Park Bathroom Demolition This Agreement is made and entered into this day of , 2015 by and between the City of San Rafael (hereinafter called City) and DWH Creative Contracting Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1 - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary to perform the work for the project entiltled "Boyd Park Bathroom Demolition", all in accordance with the scope of work outlined in the Contractor's quote dated October 13, 2015 attached hereto as Attachment A. 2- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work, including punchlist items, shall be completed within 5 WORKING DAYS, and with such reasonable extensions of time as may be requested by Contractor and approved by City. 3. Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,200 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 4. The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the untis for work in the following scheduled completed at the unit price stated. The number of units contained in this schedule is approximately only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM DESCRIPTION Demolish Boyd Park Bathroom and Cap Existing Utilities BID ITEMS ESTIMATED UNIT QUANTITY lS UNIT TOTAL PRICE PRICE $18,885.00 $18,885.00 GRAND TOTAL BID $ 18,885.00 5. Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the pxpiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. Agreement • 1 (d) The Contractor may elect to receive 100% of payments dpe under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4390 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Direptor, whose decision on valuation of the securities shall be final. 6. Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready fpr final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of rccordatjon of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufactprers' guarantees. it shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance dye for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 7. Insurance. (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occprrence. 3. If it employs any person, Contractor shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regplations, and as necessary to protect both Contractor and City against all liability for injuries to Coptraptor's officers and employees. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: 1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under Cgntrgctor's insurance policies shall be primary with respect to any insurance or coverage maintained by City and Shall nqt call upon City insurance or self-insurance coverage for Agreement • 2 any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 0104 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to City. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for p retroactive date of placelnept coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also 4pply on a primary and nopcpntributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c ) Deductibles and SIR's. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shall not reoucp the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorpey's fees and defense expenses. (d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. Thp insurance shall be approved as to form and sufficiency by City. 8. Indemnifcation (a) Except as otherwise provided in Paragraph P., Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attompY's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the activg negligence or willful miscondgct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performagce pf qr operations under this Agreement, Contractor shall provide a Agreement • 3 defense to the City Indemnitees or at City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 9. Nondiscrimination Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 10. Compliance with All Laws Contractor shall observe and comply with all appiicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulltions. Contraptor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes pr regulations. 11. No Third Party Beneficiaries City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreemerlt, to thp other party. 12. Notices All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Post4l Servipe. Notice sh4ll by given p fpllows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-i560 To Contractor : Matthew Jensen DWH Creative Contracting, Inc. 750 National Ct. Richmond, CA 94804 13. independent Contractor For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 14. Entire Agreement; Amendments (a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject hatter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statenlent, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. Agreement • 4 (d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor arld the City. (e) If any conflicts arise between the termis and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 15. Waivers The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulatipn. 16. City Business License; Other Taxes Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certjfication). 17. Prevailing Wages Contractor shall pay prevailing wages to all of its erpployees performing work under this Agreement in accordance with the California Labor Code Section 1771 and San Rafael Municipal Code Section 11.50. 1 80(C). IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the CITY OF SAN RAFAEL: Jin: Schuh City Manager ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 22.08.09 DW" CREATIVE CONTRACTING INC. Py.: 11 0�' I 0'j ZkW-t11-A Printed ame: -0ON,0'Ia W lei w�Z(— Title: v1�C� �� S i c>j ttir— Acpreement • 5 !' ➢,' ,,, CREATIVE CONTRACTIN4 October 13, 2015 Mr. Jeff Stutsman P.E. Assistant Civil Engineer City of San Rafael, Dept. Of Public Works Subject: Demolition Reference: 1125 B St. (restrooms) San Rafael, CA. Dear Mr. Stutsman AT I 111u m )° 750 National Ct, Richmond, CA 94804 1-888-304-DWH 1 www.dwhcreativecontracting.com License #985951 DWH Creative Contracting Inc. (DWH) is pleased to submit this proposal for the structure demolition. Our scope of work is as follows: 1. Per the provided Lead in Paint and Asbestos Micro Analytical Laboratories, Inc. analytical dated 10/8/15 2. Per the job walk with City of San Rafael dated October 7, 2015 Scope of Work: 1. Mobilization, a. Submit BAAQMD notifications plus fee's. Please note that there is a 10 working day waiting period. 2. Remove approx.. 20 LF of cyclone fencing on Laurel PI to gain access to appointed structure. a. DWH to provide temporary barricades for the duration of our work at opening. b. DWH excludes re instalment of cyclone fencing. 3. Demolition and removal of existing 1 story CMU structure and totaling 480 SF. Price includes SOG and Footings. SOG NTE 5" in Thickness single layer. Footing NTE Tin depth. All misc. Debris, furnishings and contents not associated with the structure to be removed by others. 4. Remove existing A/C walk ways totaling 90 6F. NTE 4" in thickness single layer. NO petro Mat. Base rock under walkways to be removed down to soil. 5. Utility lines (SSD and Water) will be cut and caped. Gas anq electric to be completed by others. 6. Site to be left in a clean, rough graded condition. Lump Sum: $18,885.00 Duration 3 working days. Standard Exclusions General Exclusions: Permits, utility cut-offs, safeoff, layout, engineering, shoripg, bracing, weather protection, pedestrian barricades, dust partitions, safety railings, wall prep, floor prep, cost impacts from project delays, bonds, glue or mastic under any finish flooring, finish cuts, any work with hazardous or contaminated materials, early payment discounts, SWPP design, installation or maintenance, petromat in asphalt, wire mesh in concrete. Removal of or cost implications from damage to unknown or buried structures / utilities / building features. X ray / scanning. Exclusions and Clarifications 1. Price is good for 30 days 2. The work would be performed during regular, straight time, weekday hours 3. Work stoppage due to layout, dewatering, noise vibration, engine fumes, dust inherent in the type of work and equipment involved, or other reason will be billed at our hourly rate plus markup over and above the contract price. 4. Price is good for 30 days. 5. Price based on one move in(s). Additional move- ins will be charged $3000 each. 6. Recycling certificates will be available approximately 30 days after the month in which work is complete. 7. Unless for reasons specifically agreed to, a clean hazardous materials assessment is required prior to project start. 8. In the event of default in any of the terms of this contract, or in the event of any action to enforce any of the terms thereof, the prevailing party shall be entitled to reasonable attorney's fees and cost of suit. 9. RETENTION IS DUE AND PAYABLE WITHIN 30 DAYS AFTER COMPLETION OF OUR WORK. Interest will be charged @ 1.5% per month on past due accounts. 10. If any dispute arises regarding the performance under this contract, the parties hereby agree to arbitrate this dispute pursuant to the construction industry rules of the American Arbitration Association then in effect. This provision does not affect the right of DWH Creative Contracting, Inc. to pursue legal remedies for stop notices, mechanics' liens and recovery against bonding companies. 11. DWH Creative Contracting, Inc. reserves the salvage rights on items not scheduled to be returned to owner per bid documents. Unauthorized removal of salvageable items not in bid documents will result in a Change Order. 12. The above scope of work and exclusions are expressly the scope of the work for any subsequent subcontract except as agreed in writing. 13. Owner/General Contractor to provide access to power, water to the work area, toilet facilities. 14. DWH Creative Contracting will not accept back charges unless notified in advance and mutually agreed upon. 15. Unless mutually agreed upon in writing, this proposal will be inporporated as an addendum to any contract. 16. Work is scheduled on a first-come, first-served basis, only after a contract has been received. Any job rescheduling within 72 hours of scheduled start date may result in additional delays. 17. Any indemnity provision will be limited by the law as if the prime and subcontract were entered into after January 1, 2013. DWH excludes indemnification of any person other than the prime contractor and those persons which the prime contract requires the subcontractor to indemnify. 18. Should any persons require use of DWH Creative Contracting's owned or rented equipment, a signed release of liability letter fully indemnifying DWH Creative Contracting will be required. Any operator must provide certification proving ability to operate such a machine or tool. Said party must agree to maintain and fuel the equipment. Please do not hesitate to call me if you have any questions. Thank you for contacting DWH Creative Contracting, Inc. regarding your abatement needs. Sincerely, /ffaffiieai !%6se r Matthew Jensen