HomeMy WebLinkAboutPW Second and Irwin Retaining Wall ProjectCITY 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
Maggiora & Ghilotti, Inc. ("Contractor"), a corporation authorized to do business in California, for work on
the City's Second and Irwin Retaining Wall project (City Project No. 11386) ("Project"), and is effective
on /,n d- , 2 VA" 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 $57,775 (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,
Second and Irwin Retaining Wall Up to $175,000 Contract
City Project #: 11386 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 15 days 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.pinsadvantage.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 $2,000,000 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.
Second and Irwin Retaining Wall Up to $175,000 Contract
City Project #: 11386 Page 2
Approved by City Attorney, dated 02/27/2020
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
Second and Irwin Retaining Wall Up to $175,000 Contract
City Project #: 11386 Page 3
Approved by City Attorney, 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: "I 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.
Second and Irwin Retaining Wall Up to $175,000 Contract
City Project #: 11386 Page 4
Approved by City Attorney, dated 02/27/2020
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
Second and Irwin Retaining Wall Up to $175,000 Contract
City Project #: 11386 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: 111 Morphew Street
City/State/Zip: San Rafael, CA 94901
Phone: (415) 458-5347
Attn: Shawn Graf, Junior Engineer
Email: Shawn. Grafi( cityofsan rafael. org
Contractor:
Name: Maggiora & Ghilotti, Inc.
Address: 555 Dubois Street
City/State/Zip: San Rafael, CA 94901
Phone: (415) 459-8640
Attn: Juan Trejo
Email: 0uan(a)maggiora-ghilotti.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
Second and Irwin Retaining Wall
City Project #: 11386
Approved by City Attorney, dated 02/27/2020
Up to $175,000 Contract
Page 6
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.]
Second and Irwin Retaining Wall Up to $175,000 Contract
City Project #: 11386 Page 7
Approved by City Attorney, dated 02/27/2020
The parties agree to this Contract as witnessed by the signatures below:
CITY: Approve :�to for..
s/ �/[ �s/ l �(
Jim Scity Manage J Robert F. Epstein, City Attorney
Date: (Z — 7•' 24 .2,-0
Attest:
s/ �?-N�fi
Lindsay Lara, City Clerk
Date: �� 0
Date: I Z�2�2112a
CONTRACTOR: e-
BusinesEM'
s/ '� Seal.
Name/-ritle
Date: i i - V -1-
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Name/Title
Date: f (- (q - bow
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Contractor's California License Numbers) 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
Second and Irwin Retaining Wall
City Project, #: 11386
END OF CONTRACT
Approved by City Attorney, dated 02/27/2020
Up to $175,000 Contract
Page 8
Exhibit C
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the P.z: N- [title] of kAc-::t>%LA r%
[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.
I 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 11-1rf-?_0Z0 [date], at
RL , [city], < ;a [state].
' a
s/ I
Name [print]
END OF NONCOLLUSION DECLARATION
Second and Irwin Retaining Wall Up to $175,000 Contract
City Project #: 11386 Noncollusion Declaration
Approved by City Attorney, dated 2/27/2020
General Info
Total:
$57,775.00
Number
Description
Second and Irwin Retaining
The Project is located at the North West corner of Second Street and Irwin Street, and is
Wall
described as follows: The removal and replacement of an existing retaining wall with a
Deadline
timber lagged soldier pile wall.
11/05/2020 07:00 PM UTC
Zoom Meeting Info for Bid Opening on November 5th, 2020 at 11:00 AM:
Public Works is inviting you to a scheduled Zoom meeting.
Vendor
Maggiora & Ghilotti, Inc.
Topic: Second and Irwin Retaining Wall Bid Opening
Time: Nov 5, 2020 11:00 AM Pacific Time (US and Canada)
Submitted
Join Zoom Meeting
11/05/2020 05:34 PM UTC
https://zoom.us/j/96532574347
Signed by
Meeting ID: 965 3257 4347
Gary Ghilotti Account Holder
One tap mobile
Maggiora & Ghilotti, Inc.
+16699006833„96532574347# US (San Jose)
Ghilotti
+13462487799„96532574347# US (Houston)
Opened
Dial by your location
11/05/2020 07:03 PM UTC By
+1 669 900 6833 US (San Jose)
shawn.graf@cityofsanrafael.org
+1 346 248 7799 US (Houston)+1
253 215 8782 US (Tacoma)
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Germantown)
+1 312 626 6799 US (Chicago)
Meeting ID: 965 3257 4347
Find your local number: https://zoom.us/u/ado6fWHfBP
Allows zero unit prices and labor
No
Allows negative unit prices and labor
No
ATTACHMENT LIST
Notice Inviting Bids.pdf (86.9 KB)
Second and Irwin Plans for Bid.pdf (858 KB)
2157.328 Calc Package.pdf (281 KB)
Second and Irwin Retaining Wall Specs for Bid 20201019.asd.pdf (1.39 MB)
Page 1 of 7 11/06/2020
Addendum 1—Second and Irwin Retaining Wall .pdf (255 KB)
Addend um2_Second and Irwin Retaining Wall.pdf (230 KB)
BID PROPOSAL
("Bidder") *
Maggiora & Ghilotti, Inc
hereby submits this Bid Proposal to the City of San Rafael ("City") for the above -referenced project ("Project') in response to the
Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice.
1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents,
within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct
or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price ("Base Bid"):
$57,775.00
2. 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 (click "+" to add
addenda. Type "N/A" if no addenda have been issued):
Addendum #:*
Addendum Date: *
10/27/2020
2. 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 (click "+" to add
addenda. Type "N/A" if no addenda have been issued): 1
Addendum #:*
Addendum Date: *
11/02/2020
Page 2 of 7 11/06/2020
3. Bidder's Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the
following:
3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that,
to the best of Bidder's knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to
the limitations of Public Contract Code§ 1104.
3.2 Examination of Project Site. Bidder has had the opportunity to examine the Project site and local conditions at the
Project location.
3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill,
qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the
Contract Documents and within the Contract Time.
3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or
omissions contained in its completed Bid. All statements and information provided in this Bid Proposal and enclosures are
true and correct to the best of Bidder's knowledge.
3.5 Nondiscrimination. In preparing this Bid, the Bidder has not engaged in discrimination against any prospective or
present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual
orientation, age, disability, or marital status.
3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the
Iran Contracting Act, Public Contract Code § 2200 et seq. (the "Act"), as a person engaging in investment activities in Iran,
as defined in the Act, or is otherwise expressly exempt under the Act.
4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the
Project, within ten days following issuance of the Notice of Award to Bidder, Bidder will do all of the following:
4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and
submitting to City the Contract prepared by City using the form included with the Contract Documents;
4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract
Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and
4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract
Documents.
Page 3 of 7 11/06/2020
This Bid Proposal is hereby submitted on [Date] *
11/05/2020
s/ *
Gary Ghilotti
Name and Title
Gary Ghilotti - President
s/ *
Scott Ghilotti
Name and Title
Scott Ghilotti - Vicepresident
Company Name *
Maggiora & Ghilotti, Inc.
License #, Expiration Date, and Class
226767. 03/31/2021. "A"
Address *
555 DuBois Street, San Rafael, CA 94901
DIR Registration #
1000007991
City, State, Zip *
San Rafael, CA. 94901
Phone *
(415)459-8640
Contact Name *
Juan Trejo
Contact Email
juan@maggiora-ghilotti.com
END OF BID PROPOSAL
Page 4 of 7 11/06/2020
BID SCHEDULE - DIRECTIONS
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 LF = Linear Foot CF = Cubic Feet LS = Lump Sum CY = Cubic Yard SF = Square Feet EA = Each TON
= Ton (2000lbs)
LB = Pounds
BID SCHEDULE
Bid Item No. Item Description
1 Mobilization
2 Signs and Traffic Control
3 Soldier Pile Retaining Wall
SUBCONTRACTOR LIST - INSTRUCTIONS
$57,775.00
Est Qty. Unit
Unit Cost
Extension
1.00 LS
$5,000.00
$5,000.00
1.00 LS
$2,775.00
$2.775.00
1.00 LS
$50,000.00
$50,000.00
Total: $57,775.00
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,[1] 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.
[1] For street or highway construction this requirement applies to any subcontract of $10,000 or more.
SUBCONTRACTOR LIST
Page 5 of 7 11/06/2020
Description of Subcontractor California Contractor Location of DIR Reg Percent of
Work Name License Number Business No. Work
NON -COLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the
President
of: *
Maggiora & Ghilotti, Inc.
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.
I 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
[date], * [city] * [state]
11/05/2020 San Rafael CA
F,—/I agree that my digital or electronic signature applies to this form
Name *
Gary Ghilotti
Page 6 of 7 11/06/2020
Bid Security
As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid
security in the amount of ten percent of its maximum bid amount in one of the following forms (select one). Upload a scan of the
paper bid security.
Within ten calendar days following City's issuance of the Notice of Award to the apparent low bidder, the bidder must submit
original hardcopies of the payment and performance bonds to City as specified in the Contract Documents using the bond forms
included in the Contract Documents.
Guarantee Method *
Paper Bid Security, Cashier's
Check, or Certified Check:
Paper Bid Security, Cashier's Check, or Certified Check:
Confirmation: *
A bid security, using the Bid Security form included with the Contract Documents, payable to City and executed by a surety
licensed to do business in the State of California.
REQUIRED DOCUMENTS LIST
Name Omission Terms Submitted Pile
Paper Bid Security, Certified Check, or Cashier's
Check I am verifying my bid security electronically. Bid Bond Cornplete.pdf
[insert instructions for delivery of wet -ink, original
documents]
1 Required Document
Page 7 of 7 11/06/2020
Bid Bond
Maggiora & Ghilotti, Inc. ("Bidder") has submitted a
bid, dated November 3. 12020 ("Bid"), to the City of San Rafael ("City")
for work on the Second and Irwin Retaining Wall Project ("Project"). Under this duly executed bid
bond ('Bid Bond"), Bidder as Principal and The Ohio Casualty Insurance Company 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 Califomia 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.
3. 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:
Liberty Mutual / Claims Dept.
Address:
1001 4th Avenue Ste 3800
City/State/Zip:
Seattle WA 98154
Phone:
206-473-6210
Fax:
866-548-6837
Email: hoscl(o)-libertymutual.com
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.]
Second and Irwin Retaining Wall 2020 Form BID BOND
City Project No. 11386 Page 16
SR City Attorney Approved 1130/2020
This Bid Bond is entered into and effective on October 29 2020
SURETY:
The Ohio Casualty Insurance Company
Business Name
s/
Jill eymour, Attor y -in -Fact
Name, Title
October 29, 2020
Date
(Attach Acknowledgment with Notary Seal and Power of Attorney)
BIDDER:
Maggiora & Ghilotti, Inc,
Business Name
s/� October 29, 2020
Date
Name, Title
END OF BID BOND
Second and Irwin Retaining Wall 2020 Form BID BOND
City Project No. 11386 Page 17
SR City Attorney Approved 1/30/2020
This Power of Attorney limits the acts of prose named herein, and they have no authority to
Libelbind the Company except in the manner and to the extent herein stated. 0, -ty
Libel Liberty Mutual Insurance Company
mutu'l l The Ohio Casualty Insurance Company Certificate No: 8203258 - 976005
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name constitute and appoint,
Tom Griffith, Jenny Hagemann, Paul Ramalici, Biianna Rainatici, Jill Seymour
all of the city of Petaluma state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligat ons, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their own proper
persons.
IN WITNESS WHEREOF, this Pourer of Attorney has been subscriber) by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 601 day of March 2020
Liberty Mutual Insurance Company
P� INSr/R� P�tV INSUR � INSI/Rq The Ohio Casually Insurance Company
aJ °ryPOq'r 4� yJ GORPoq fl 9y GP oRPOggr y West American Insurance Company TI
>
,3 Fom Q3 �ocl r° Foncn p y
1 1912 _
rri r o 0 1919 � � 1991 0 � / // // vi
Il) �'d, *ss �1`y S� y -cFry Pv' y�0 6 y� ,/Q Ill
0 9CHUS da O NAid?`'� a Y vN01A1tP a l( �{f / C
hNd
By: 3
David M. Carey, Assistant Secretary u0
rp State of PENNSYLVANIA >
aCounty of MONTGOMERY ss M
�
o0 On this 6th day of \larch , 20-0 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance O
- to Company, The Oh o Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes m U)
_ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L) LLI
na E
c 0 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c Q
rn O
O N 1r p. O M
`- �� ,. y '4`� COMMONWEALTH OF PENNSYLVANIA Q'ct
do i x, rp Notarial Sear O
O ,p Teresa Pastella. Notary PaI)1_ e4 ` (C9
C @ Upper Menon Twp , Montgomery County By:
\'kt, My Cnmmissicn Expires Mardi 20.2021- - E
eresa Pastella, Notary Public o ru
mrm
N .•�: Meocr. Pesyivania Association of Notaries I]_ O
CThis Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual •L
E-s� Insurance Company, and West American Insurance Company which resolutions are now in fall force and effect reading as follows: o (D
o � ARTICLE IV- OFFICERS:Sect:on 12 Power ofAtlorney. H
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ffi n
cPresident may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely I o
> � any and all undertakings, bonds, recognizances and other surety obl,gatrons. Such attorneys -in -fact, subject to the limilal orfs set forth in their respective powers of attorney, shall = N
o have full power to bind the Corporation by their signature and execut on of any such instruments and to attach thereto the seal of the Corporation. When so executed. such E CO
z instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the Presdenl or by the officer or officers granting such power or authority. o 0
ARTICLE XIII — Execution of Contracts: Section 5. Surely Bonds and Undertakings. L"'
Any officer of the Company authorized for that purpose in writing by the chairman or the pres;dent, and subject to such lim rations as the chairman or the president may prescribe, 0—
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surely obligations. Such attorneys -m -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Dav d M Carey, Assistant Secretary to appoint such attorneys -In -
fact as may be necessary to act on behalf of the Company to make, execute. seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be Val d and binding upon the Company with
the same force and effect as though manually affixed
I, Renee C. Llewellyn, the undersigned Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of ,762
INS (!R -SY [Alsoa INSUR
J24oaeoq�f�oym QJ�4URPoggrFR9y .GPoDarog4��yn
1912 n 0 1919�n �1991�0 �C
YdSSACHUSF'rda yO Nq ldI. day YS �NDIAtIP .sa3 By. Renee C. Llewellyn. Assistant
R7) * h� Hyl r ►� R41 * > y Secretary
LMS -12873 LMIC OCIC WAIC Multi Co 12r19
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sonoma
On f�ir'r / / 2 r ZQ before
personally appeared Jill Seymour
Jenny Anne Hagemann - Notary Public
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
alllllllllll 1111111111111111111111111111111111111111111111111111111111111111�
JENNY ANNE HAGEMANN
COMM. #2156191 =
b� Notary Public - California "o
., Sonoma County -
B �:•;k?�; •• My Comm Expires Juno 11. 20205
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"The notary commission extended pursuant
Sig natur�1! it Y►l/1+�� (Seal) to Executive Order N-63-20"
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 SG Extension: 3352
Contractor Name: Maggiora & Ghilotti, Inc.
Contractor's Contact: Juan Trejo Contact's Email: juan@maggiora-ghilotti.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/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
11/12/2020
Attorney c/o Laraine.Gittens@cityofsanrafael.org
NIKK
2
City Attorney
a. Review, revise, and comment on draft agreement
11/13/2020
N LG
and return to Project Manager
11/13/2020
N 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
11/13/2020
N BG
contractor
4
Project Manager
Forward three (3) originals of final agreement to
11/16/2020
N IKK
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
N N/A
agendized for City Council approval *
*City Council approval required for Professional Services
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.
SG
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
12/1/2020
SG
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
�Z/2I20Za
n',
j�-
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
7- /„
(for Public Works Contracts)
`
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
10
City Clerk
Attest signatures, retains original agreement and
/
forwards copies to Project Manager
Oa
L
i