HomeMy WebLinkAboutPW MUP Phase 1 Concrete Slab ReplacementsCITY OF SAN RAFAEL
Department of Public Works
111 Morphew Avenue
San Rafael, CA 94901
Public Works Contract for Projects up to $175,000
This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and
Van Midde and Son Concrete ("Contractor"), a corporation authorized to do business in California, for
work on the City's Multi -Use Pathway Phase 1 Concrete Slab Replacements (City Project No. 11309)
("Project"), and is effective onf 1 42' 204("Effective Date").
The parties agree as follows:
1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies,
transportation, and any and all other items or services necessary to perform and complete the work
required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms
and conditions of this Contract, including all attachments to the Contract and any other documents and
statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or
are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This
Project requires a valid California contractor's license for the following classification (s): A
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below:
2.1 Notice Inviting Bids;
2.2 Contract;
2.3 Addenda, if any;
2.4 Exhibit A — Scope of Work;
2.5 Exhibit B — Payment, Performance, and Bid Bonds;
2.6 Exhibit C — Noncollusion Declaration;
2.7 Exhibit D — Bid Schedule;
2.8 Exhibit E — Subcontractor List.
3. Contract Price. As full and complete compensation for Contractor's timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay
Contractor a lump sum of $14,800 with an additional construction contingency of $2,200 for a total not -to -
exceed $17,000 (the "Contract Price") for all of Contractor's direct and indirect costs to perform the
Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs,
in accordance with the payment provisions contained herein.
3.1 Payment. Contractor must submit an invoice on the first day of each month during the
Contract Time, defined in Section 3 below, and/or upon completion, for the Work performed during the
preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor
warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of
any claims, liens, or encumbrances upon payment to Contractor.
3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor
must provide City with a payment bond and a performance bond using the bond forms included in this
Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must
be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent,
Contractor must provide a substitute bond from a surety acceptable to City within seven days after written
notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may,
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project* 11309 Page 1
Approved by City Attorney, dated 02/27/2020
in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's
expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract.
4. Time for Completion. Contractor will fully complete the Work within 6 months from the date the
City authorizes Contractor to proceed with the Work ("Contract Time").
5. Liquidated Damages. if Contractor fails to complete the Work within the Contract Time,
Contractor must pay liquidated damages in the amount of $500 per day for each day of unexcused delay
in completion.
6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of
care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at
Contractor's sole expense, any Work that the City determines is deficient or defective.
7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the
term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the
required California contractor's license and a City business license.
8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold
harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and
volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses,
and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Contractor's acts or omissions
with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or
willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount
or type of damages or compensation payable under Workers' Compensation or other employee benefit
acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract.
City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201.
9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage
required in this section to cover the activities of Contractor and any subcontractors relating to or arising
from performance of the Work. Each policy must be issued by a company licensed to do business in
California, and with a strength and size rating from A.M. Best Company of A -VIII or better. Contractor
must provide City with certificates of insurance and required endorsements as evidence of coverage with
the executed Contract, or through the PINSAdvantage website https://www.pinsadvanta_e.com/ upon
request by the City, and before the City authorizes Contractor to proceed with the Work.
9.1 Workers' Compensation. Statutory coverage is required by the California Workers'
Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized
Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance
with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis,
including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in
performing the Work, including Contractor's protected coverage, blanket contractual, products and
completed operations, broad form property damage, vehicular coverage, and employer's non -ownership
liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.
9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired
vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury,
death, or property damage.
9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer
waives any right of subrogation it may have against the City or the City's insurers.
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9.5 Required Endorsements. The CGL policy and the automotive liability policy must include
the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and
consultants (collectively, "Additional Insured") must be named as an additional insured for
all liability arising out of the operations by or on behalf of the named insured, and the policy
must protect the Additional Insured against any and all liability for personal injury, death or
property damage or destruction arising directly or indirectly in the performance of the
Contract.
(2) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies
have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss ("primary and non-contributory").
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision
that such coverage will also apply on a primary or non-contributory basis for the benefit of
City before the City's own insurance or self-insurance will be called upon to protect it as a
named insured.
(5) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to
all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section
1720, and the related regulations, including but not limited to requirements pertaining to wages, working
hours and workers' compensation insurance. Contractor must also post all job site notices required by
laws or regulations pursuant to Labor Code section 1771.4.
10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under
Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in
sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's
office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775,
Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or
portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying
each worker the difference between the applicable wage rate and the amount actually paid.
10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a
legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum
of $25 for each day during which a worker employed by Contractor or any subcontractor is required or
permitted to work more than eight hours during any one calendar day, or more than 40 hours per
calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work
must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or
authorized in writing by City.
10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records
in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by
the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors
must certify under penalty of perjury that the information in the record is true and correct, and that it has
complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Page 3
Approved by City Attomey, dated 02/27/2020
is under $25,000, Contractor must electronically submit certified payroll records to the Labor
Commissioner as required under California law and regulations.
10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the
apprenticeship requirements in Labor Code section 1777.5.
10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance
monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the
exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform
public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the
Contract Price is for under $25,000.
11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: 1 am aware of the provisions of Labor Code section 3700 which
require every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the Work on this Contract."
12. Termination.
12.1 Termination for Convenience. City reserves the right to terminate all or part of the
Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice;
comply with City's instructions to protect the completed Work and materials; and use its best efforts to
minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for
damages, including for loss of anticipated profits from the Project. If City terminates the Contract for
convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract
termination, as well as five percent of the total value of the Work performed as of the date of notice of
termination or five percent of the value of the Work yet to be completed, whichever is less, which is
deemed to cover all overhead and profit to date.
12.2 Termination for Default. The City may terminate this Contract for cause for any material
default. Contractor may be deemed in default for a material breach of or inability to perform the Contract,
including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment
to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees,
subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules,
or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the
Work within the Contract Time; or responsibility for any other material breach of the Contract
requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the
Work satisfactorily performed before Contract termination.
13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the
dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are
incorporated by reference.
14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will
not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, regardless of the character of any such breach.
15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for
the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as
complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the
Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work
or materials, including repair or replacement of any other Work or materials that is or are displaced or
damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Page 4
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16. Worksite Conditions.
16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in
a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must
remove and properly dispose of debris and waste materials from the Work site.
16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.
16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract
does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as
identified by any federal, state, or local law or regulation. If Contractor encounters materials on the
Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the
asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work
in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area
affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous
materials may be used in performance of the Work.
16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if,
during the performance of the Work, Contractor discovers utility facilities not identified by City in the
Contract documents, Contractor must immediately provide written notice to City and the utility. In
performing any excavations or trenching work, Contractor must comply with all applicable operator
requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends
deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104.
17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a
separate set of as -built drawings while the Work is being performed, showing changes from the Work as
planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be
updated as changes occur, on a daily basis if necessary.
18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have,
maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or
policy or in violation of any California law, including under Government Code section 1090 et seq. and
under the Political Reform Act as set forth in Government Code section 81000 et seq. and its
accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
19. Non -Discrimination. No discrimination will be made in the employment of persons under this
Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person.
20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
this Contract as an independent contractor. Contractor is solely responsible for its means and methods in
performing the Work. Contractor is not an employee of City and is not entitled to participate in health,
retirement or any other employee benefits from City.
21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5,
Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes
of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright
Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services, or materials pursuant to the Contract or any
subcontract. This assignment will be effective at the time City tenders final payment to Contractor,
without further acknowledgement by the parties.
22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must
be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Page 5
Approved by City Attorney, dated 02/27/2020
overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon
delivery unless otherwise specified. Notice for each party must be given as follows:
City:
Address:
City/State/Zip:
Phone:
Attn:
Email:
Contractor:
Name:
Address:
City/State/Zip:
Phone:
Attn:
Email:
111 Morphew Street
San Rafael, CA 94901
(415) 458-5326
Theo Sanchez, Associate Civil Engineer
Theo. Sanchez(a-)-cityofsanrafael.org
Van Midde and Son Concrete
490 B Street
San Rafael, CA 94901
(415) 459-2530
Jason Van Midde
.ason vanmiddeconcrete.com
23. General Provisions.
23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and
local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws,
conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced
workers who are not employed by the City and who do not have any contractual relationship with City,
with the exception of this Contract.
23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract is deemed to be inserted, and the Contract will be construed and enforced as though such
provision has been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
23.3 Assignment and Successors. Contractor may not assign its rights or obligations under
this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's
and City's lawful heirs, successors and permitted assigns.
23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract.
23.5 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Superior Court of Marin County, and no other place.
23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a
writing duly authorized and signed by the parties to this Contract.
23.7 Integration; Severability. This Contract and the Contract documents incorporated herein,
including authorized amendments or change orders thereto, constitute the final, complete, and exclusive
terms of the agreement between City and Contractor. If any provision of the Contract documents, or
portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract documents will remain in full force and effect.
23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so
by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor
is a corporation, signatures from two officers of the corporation are required pursuant to California
Corporation Code section 313.
[Signatures are on the following page.]
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Page 6
Approved by City Attorney, dated 02/27/2020
The parties agree to this Contract as witnessed by the signatures below:
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Date:
Approv d as to form:
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Date: 2111 'PZI
CONTRACTOR: �lcl►1 M i dde &- I, (n c.rr-k
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Contractor's California License Number(s) and Expiration Date(s)
Exhibit A: Scope of Work
Exhibit B: Bond Forms
Exhibit C: Noncollusion Declaration
Exhibit D: Bid Schedule
Exhibit E: Subcontractor List
END OF CONTRACT
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Page 7
Approved by City Attomey, dated 02/27/2020
Exhibit A
SCOPE OF WORK
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Scope of Work
Approved by City Attomey, dated 02/27/2020
Proposal
N 016217
Van Midde & Son Concrete U.
490 B Street, San Rafael CA 94901 REVISED
q p. (415) 459-2530
fax. (415) 459-3028 Date 12/9/2020
t e-mail: info@vanmiddeconcrete.coni
nry r p rr�* website: www.vanmiddeconcrete.com
c a n G R L l E a CA State License: #676584
PROPOSAL SUBMITTED TO
City of San Rafael
PHONE
0: 415.458.5326 C: 415.7:5.1003
FAX NUMBER
E-MAIL ADDRESS
Attn: Theo Sanchez
Theo.Sanchez@cityofsanrafael.org
]OB LOCATION
111 Morphew St
SMART path at Rice Drive, San Rafael
CITY, STATE, ZIP
ESTIMATOR
San Rafael, CA 94901
Jason Van Midde
We hereby submit the following specifications and estimates:
Job Description:
Note: Work performed as to plan provided to contractor from STV and BKF, dated Oct 2020.
Demo and remove two sections of uplifted pathway on SMART path, sections approximately 10'x 10' each.
Install bearing pads with steel reinforcement doweled into existing bridge-, allow time to cure.
Install a layer of base rock and compact.
Install replacement approach slabs.
Bid assumes we can park our truck adjacent to path on Rice drive and will use wheel barrow to bring material to work areas.
L.S. $14,800.00
It in the event it becomes necessary for contractor by lien or other action to enforce collection of any amount payable by buyer hereunder, buyer agrees to pay contractor all
expenses including interest and attorney's fees. Finance charges of 1 1/2% per month (18% annual percentage rate) on overdue accounts may be charged.
In the State of California contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be
referred to the Registrar of the Board whose address is:
Contractor's State License Board, PO Box 26000, Sacramento, CA 95826 or web address. http://www.cslb.ca gov
We Propose hereby to furnish material and labor complete in accordance with the above specifications, for the sum of:
SEE ABOVE LUMP SUM AMOUNT(S)
PAYMENTS TO BE MADE AS FOLLOWS: PROGRESSIVE BILLING, FULL BALANCE DUE UPON COMPLETION OF JOB
Terms and conditions -
All material is guaranteed to be as specked. All work to be completed in a professional
manner according to standard practices. Any alteration or deviation from above specifications
involving extra costs will be executed only upon written orders, and will become an extra
charge over and above the estimate. All agreements contingent upon strikes, accidents or
delays beyond our control. Owner to carry all necessary insurance, Our workers are fully
covered by Worker's Compensation Insurance. If either party becomes involved in litgalion
arising out of this agreement, the court shall award costs/expenses including attorney fees to
the party justly entitled to them.
Acceptance of Proposal - The above prices,
specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made as outlined above.
Authorized
Signature
Ted Van Midde III
Note This proposal may be
wi}hd: awn by us if not accepted w -thin __. = U days
Signature:
Date of Acceptance: Signature:
During the course of construction the following
conditions may apply to this contract. It is
requested you review and initial each one.
INITIALS
1. If the fine grade is being provided by another contractor or the owner, please
be advised that if the grade falls above or below 1 inch, the additional labor and
material needed to correct the grade will be billed to the owner.
2. Van Midde & Son Concrete is not responsible for underground utilities.
3. If, during the course of our work, underground utilities are interfered with, we can
endeavor to repair them ourselves with the cost of $75.00 per man/ per hour, plus
materials being paid by the owner of the project or the owner may hire an outside
repairman.
4. Any changes in the project after the layout and form work is established will be
billed to the owner at $75.00 per man/ per hour plus materials.
5. If we agree to remove an existing driveway of either asphalt or concrete, our bid
is based on the assumption that the material to be removed is between 4" to 6"
thick. If the old material is thicker than 6" and/or we run into wire or steel, the bid
for this phase of the contract will have to be re -negotiated with the owner.
6. Please be advised that concrete can crack after installation, even though we take
great care to create control joints to avoid them. They will most likely be small
shrinkage cracks that will not affect the serviceability of the slab.
Comments:
Please initial all the above items and sign the acceptance below.
Thank you, and we look forward to working with you on your project.
By my/our signature below, I/we agree to all the conditions of this contract:
Date
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Exhibit B
BONDFORMS
Required for conli-acts over S25, 000.
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Bond Forms
Approved by City Attomey, dated 0212712020
Payment Bond
City of San Rafael ("City") and ("Contractor") have entered into a
contract, dated , 20_ ("Contract") for work on the
("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond").
General. Under this Bond, Contractor as principal and
its surety ("Surety"), are bound to City as obligee in an amount not less than
$ , under California Civil Code sections 9550, et seq.
2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the
persons named in California Civil Code section 9100 amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the
Contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of Contractor and its
subcontractors, under California Unemployment Insurance Code section 13020, with
respect to the work and labor, then Surety will pay for the same.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civil Code section 9100, so as to give a right of action to those persons or their assigns in
any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond
upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and
equipment furnished for use in the performance of the Work required by the Contract, in
conformance with the time requirements set forth in the Contract and as required by
California law, Surety's obligations under this Bond will be null and void. Otherwise,
Surety's obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or
extensions of time for performance of the Work under the Contract. Surety waives the
provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond
for any supplemental contract under Civil Code section 9550. Any notice to Surety may be
given in the manner specified in the Contract and delivered or transmitted to Surety as
follows:
Attn:
Address: _
City/State/Zip:
Phone:
Fax:
Email:
6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant
to this Bond will be venued in the Superior Court of Marin County, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Payment Bond
Approved by City Attomey, dated 02/27/2020
7. Effective Date; Execution. This Bond is entered into and is effective on
20_. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY:
Business Name
s/
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
Business Name
s/
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/
Name/Title
END OF PAYMENT BOND
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Payment Bond
Approved by City Attomey, dated 02/27/2020
Performance Bond
City of San Rafael ("City") and ("Contractor") have entered into a
contract, dated 20 ("Contract") for work on the
("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond").
General. Under this Bond, Contractor as Principal and , its
surety ("Surety"), are bound to City as obligee for an amount not less than $
By executing this Bond, Contractor and Surety bind themselves and their respective heirs,
executors, administrators, successors and assigns, jointly and severally, to the provisions of this
Bond.
2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract,
including its warranty obligations under the Contract, Surety's obligations under this Bond will
become null and void upon City's acceptance of the Project, provided Contractor has timely
provided a warranty bond as required under the Contract. Otherwise Surety's obligations will
remain in full force and effect until expiration of the one year warranty period under the Contract.
Surety waives any requirement to be notified of and further consents to any alterations to the
Contract made under the applicable provisions of the Contract documents, including changes to the
scope of Work or extensions of time for performance of Work under the Contract. Surety waives
the provisions of Civil Code sections 2819 and 2845.
3. Application of Contract Balance. Upon making a demand on this Bond for completion of the
Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for
completion of the Work under the Contract. For purposes of this provision, the Contract Balance is
defined as the total amount payable by City to Contractor as the Compensation minus amounts
already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which
City is entitled under the terms of the Contract.
4. Contractor Default. Upon written notification from City that Contractor is in default under the
Contract, time being of the essence, Surety must act within seven calendar days of receipt of the
notice to remedy the default through one of the following courses of action:
4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent,
but only if Contractor is in default solely due to its financial inability to complete the Work;
4.2 Arrange for completion of the Work under the Contract by a qualified contractor
acceptable to City, and secured by performance and payment bonds issued by an admitted
surety as required by the Contract documents, at Surety's expense; or
4.3 Waive its right to complete the Work under the Contract and reimburse City the amount
of City's costs to have the remaining services completed.
S. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover
all costs it incurs due to Surety's default, including legal, design professional, or delay costs.
6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal
delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable)
file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety
must be given as follows:
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Performance Bond
Approved by City Attomey, dated 02/27/2020
Attn:
Address:
City/State/Zip:
Phone:
Fax:
Email:
Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this
Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be
responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond
8. Effective Date; Execution. This Bond is entered into and effective on
20 . Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY:
Business Name
s/
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR.
Business Name
s/
Name/Title
s/
Name/Title
END OF PERFORMANCE BOND
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project* 11309 Performance Bond
Approved by City Attomey, dated 02/27/2020
Bid Bond
("Bidder") has submitted a bid,
dated 120 ("Bid"), to the City of San Rafael ("City") for work on
the ("Project'). Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and
, its surety ("Surety"), are bound to City as obligee in the penal sum
of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bind themselves
and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as
follows:
1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with
City in accordance with the terms of the Bid.
2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must
submit to City the following:
2.1 Contract. The executed Contract, using the form provided by City in the Project contract
documents ("Contract Documents");
2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a
surety licensed to do business in the State of California using the Payment Bond form
included with the Contract Documents;
2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price,
executed by a surety licensed to do business in the State of California using the Performance
Bond form included with the Contract Documents; and
2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract
Documents, and any other documents required by the Instructions to Bidders or Notice of
Award.
Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance
certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond
Sum to City. Any notice to Surety may be given in the manner specified in the Contract and
delivered or transmitted to Surety as follows:
Attn:
Address: _
City/State/Zip:
Phone:
Fax:
Email:
4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation
will be null and void; otherwise it will remain in full force and effect for 60 days following the bid
opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the
provisions of Civil Code §§ 2819 and 2845.
[Signatures are on the following page.]
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Bid Bond
Approved by City Attomey, dated 2/27/2020
This Bid Bond is entered into and effective on , 20
SURETY:
Business Name
s/
Date
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
BIDDER:
Business Name
s/
Date
Name, Title
END OF BID BOND
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Bid Bond
Approved by City Attomey, dated 2/27/2020
Exhibit C
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the 9reS i clop i- [title] of VQVI m J'Ckt OC 5017 %7 n [.+^E i e
[business name], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in
a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to
any corporation, partnership, company, association, organization, bid depository, or to any member or
agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or
entity for such purpose.
This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 §
112.
1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on I — 20 - 2-1 [date], at
Sun Wc-. I [city], G A [state].
s/ el
Uc*
Name [print]
END OF NONCOLLUSION DECLARATION
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project #: 11309 Noncollusion Declaration
Approved by City Attomey, dated 2/27/2020
Exhibit D
BID SCHEDULE
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be
provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed
by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether
direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total
Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds
LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.)
BID
ITEM
NO.
ITEM DESCRIPTION
EST. QTY.
UNIT
UNIT
COST
EXTENDED
TOTAL AMOUNT
I�tce ctth 5erh?rn.5
700
5
bly goO,"
TOTAL BASE BID: Items 1 through I inclusive: $ 1H I VCrC7 '"o
Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount entered in
Section 1 of the Bid Proposal form.
Francisco Blvd West MUP-2nd to Andersen #1
City Project #: 11309
Approved by City Attomey, dated 2/27/2020
Up to $175,000 Contract
Bid Schedule
This Bid Proposal is hereby submitted on :Yanuz;ru Ufln , 2021.
s/
�%an VVI iGeC - aC Son ��n�✓ta
Company Name
H 90 8 s t -
Address
San I�t� ,1 , CA- q N 90 I
City, State, Zip
jm5y n Vat MdAQ
Contact Name
Jason Vgn 1711'4* Ptj Lc w►ciww eir
Name and Title
led Von flfk k 1� Pre Si d¢47 t
Name and Title
60 -16 n y 9430 /Z/ L9;
License #, Expiration Date, and Classification
I ®MCM -2 ---7- 9H I
DIR Registration #
9 I s- 4 s9 - 2-s30
Phone
naso n (? Ua K wt dc��,n Cine ate - t�v w►
Contact Email
Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued
for this Bid. Bidder waives any claims it might have against the City based on its failure to receive,
access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following
addenda:
Addendum:
#01
#02
#03
#04
Date Received:
Addendum
#05
#06
#07
#08
END OF BID SCHEDULE
Francisco Blvd West MUP-2nd to Andersen #1
City Project #: 11309
Approved by City Attomey, dated 2/27/2020
Date Received:
Up to $175,000 Contract
Bid Schedule
Exhibit E
SUBCONTRACTOR LIST
For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 %
of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the
Subcontractor, its California contractor license number, the location of its place of business, its DIR
registration number, and the portion of the Work that the Subcontractor is performing based on a
percentage of the Base Bid price.
DESCRIPTION SUBCONTRACTOR CALIFORNIA LOCATION OF DIR REG. NO. PERCENT
OF WORK NAME CONTRACTOR BUSINESS OF
LICENSE NO. WORK
END OF SUBCONTRACTOR LIST
' For street or highway construction this requirement applies to any subcontract of $10,000 or more.
Francisco Blvd West MUP-2nd to Andersen #1 Up to $175,000 Contract
City Project* 11309 Subcontractor List
Approved by City Attomey, dated 2/27/2020
1
� 2
yo
Cl/
T
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Iman Kayani for Theo S Extension: 3352
Contractor Name: Van Midde & Son Concrete
Contractor's Contact: Jason Van Midde Contact's Email: jason@vanmiddeconcrete.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Che_ ck/Initial
1 Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City
12/15/2020
Attorney c/o Laraine.Gittens@cityofsanrafael.org
0 IK
2 City Attorney
a. Review, revise, and comment on draft agreement
0 LG
12/15/2020
and return to Project Manager
12/15/2020
0 LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
12/22/2020
0 BG
contractor
4
Project Manager
Forward three (3) originals of final agreement to
1/4/2021
DIKK
Project Manager
contractor for their signature
5
When necessary, contractor -signed agreement
0 N/A
agendized for City Council approval *
*City Council approval required for Professional Services
OIKK
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
1/27/2021
IKK
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
41 ZDZ�
City Attorney
agreement
'!/I` 2ZZJ
8
Review and approve insurance in PINS, and bonds
_
City Manager / Mayor
(for Public Works Contracts)
9
Agreement executed by City Council authorized
official
10
City Clerk
Attest signatures, retains original agreement and
�6
forwards copies to Project Manager