HomeMy WebLinkAboutPW North San Rafael Pavement MaintenanceContract
This public works contract ("Contract") is entered into by and between the City of San Rafael
("City") and VSS International, Inc. ("Contractor"), for work on the North San Rafael Pavement
Maintenance Project ("Project").
The parties agree as follows:
Award of Contract. In response to the Notice Inviting Bids, Contra or has submiUel(ow.
Bid Proposal to perform the Work to construct the Project. On 2qity
authorized award of this Contract to Contractor for the amount se rth i Section
2. Contract Documents. The Contract Documents incorporated into this Contract include
and are comprised of all of the documents listed below. The definitions provided in Article 1
of the General Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment and Performance Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Potential Award;
2.12 Notice to Proceed;
3. Contractor's Obligations. Contractor will perform all of the Work required for the Project,
as specified in the Contract Documents. Contractor must provide, furnish, and supply all
things necessary and incidental for the timely performance and completion of the Work,
including all necessary labor, materials, supplies, tools, equipment, transportation, onsite
facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor
must use its best efforts to diligently prosecute and complete the Work in a professional
and expeditious manner and to meet or exceed the performance standards required by the
Contract Documents.
4. Payment. 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
Documents, City will pay Contractor $1,035,522 ("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 in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all
requirements for Final Completion, within 1 year from the commencement date given in the
Notice to Proceed ("Contract Time"). By signing below, Contractor expressly waives any
claim for delayed early completion.
6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if
Contractor fails to complete the Work within the Contract Time, City will assess liquidated
damages in the amount of $3,600 per day for each day of unexcused delay in achieving
North San Rafael Pavement Maintenance CONTRACT
Project #11432-02 2022 Form Pagel
Final Completion, and such liquidated damages may be deducted from City's payments
due or to become due to Contractor under this Contract.
7. Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of
Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages,
working hours and workers' compensation insurance, as further specified in Article
9 of the General Conditions.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements
applicable to the locality in which the Work is to be performed for each craft,
classification or type of worker needed to perform the Work, including employer
payments for health and welfare, pension, vacation, apprenticeship and similar
purposes. Copies of these prevailing rates are available online at
littp://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City may not enter into the Contract with a bidder without proof
that the bidder and its Subcontractors are registered with the California Department
of Industrial Relations to perform public work pursuant to Labor Code § 1725.5,
subject to limited legal exceptions.
8. Workers' Compensation Certification. Pursuant to Labor Code § 1861, by signing this
Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code §
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."
9. 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 requirement, or in violation of any California law, including Government
Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000
et seq. and its accompanying regulations. Any violation of this Section constitutes a
material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and
will have control of the Work and the means and methods by which it is performed. Contractor
and its Subcontractors are not employees of City and are not entitled to participate in any health,
retirement, or any other employee benefits from City.
11. 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 overnight delivery service, or by email as a PDF file. Notice is deemed
effective upon delivery, except that service by U.S. Mail is deemed effective on the second
working day after deposit for delivery. Notice for each party must be given as follows:
City:
City of San Rafael
Department of Public Works
111 Morphew Street
San Rafael, CA 94901
(415)725-1166
Attn: Sage Crosby, Junior Engineer
North San Rafael Pavement Maintenance CONTRACT
Project #11432-02 2022 Form Page 2