HomeMy WebLinkAboutPW Smith Ranch Road and Lucas Valley Road Resurfacing ProjectContract
This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and
Ghilotti Bros., Inc. ("Contractor"), for work on the Smith Ranch Road and Lucas Valley Road Resurfacing
Project ("Project").
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid
Proposal to perform the Work to construct the Project. On June 1, 2020, City authorized award of
this Contract to Contractor for the amount set forth in Section 4, below.
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 Award;
2.12 Notice to Proceed;
2.13 Uniform Standards All Cities and County of Marin (available online at:
https://www.marincounty.org/-/media/files/departments/pw/engineering/2018-ucs-complete-
set.pdf?la=en); and
2.14 The following: No Other Documents
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, and in full compliance
with Laws.
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 $997,779 ("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.
Time for Completion. Contractor will fully complete the Work for the Project within 40 working
days from the commencement date given in the Notice to Proceed ("Contract Time"). By signing
below, Contractor expressly waives any claim for delayed early completion.
Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will
assess liquidated damages in the amount of $500 per day for each day of unexcused delay in
Smith Ranch & Lucas Valley Resurfacing 2020 Form CONTRACT
City Project No. 11336 Page 1
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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 http://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.
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.
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City Project No. 11336 Page 2
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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 Clerk's Office
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Attn: City Clerk
Copy to: Director of Public Works
Email: Bill. Guerin 0-citvofsanrafael.ora
Contractor:
Name: Ghilotti Bros. Inc.
Address:525 Jacoby Street
City/State/Zip: San Rafael, CA 94901
Phone:415-265-7011
Attn: Dennis Huette
Email: dennish@ghilottibros.com
Copy to: Susan Harward
12. General Provisions.
12.1 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.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Marin County Superior Court, and no other place. Contractor waives any right
it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any
action arising from or relating to this Contract to a venue outside of Marin County,
California.
12.4 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.
12.5 Integration. 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.
12.6 Severability. If any provision of the Contract Documents is determined to be illegal,
invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract
Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by
signing below, that it is not identified on a list created under the Iran Contracting Act, Public
Smith Ranch & Lucas Valley Resurfacing 2020 Form CONTRACT
City Project No. 11336 Page 3
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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.
12.8 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 § 313. If Contractor is a partnership, a
signature from a general partner with authority to bind the partnership is required.
[Signatures are on the following page.]
Smith Ranch & Lucas Valley Resurfacing 2020 Form CONTRACT
City Project No. 11336 Page 4
SR City Attorney Approved 1/30/2020
The parties agree to this Contract as witnessed by the signatures below:
CITY: s Ar ved as to form:
s/ �.�,c� - i s/ a IV,
Jim Schutz,Tanaer Z RobertF. Epstein,vCity Attorney
Date: / ZtlAZy 2-,o
Date:
Attest:
�j V
yew 444 i
�r Lindsay Lara, City Clerk
Date:
CONTRACTOR: Ghilotti Bros., Inc.
Business Name
A1%
Michael M. Ghilotti, President
Name, Title
Date: ` 1
Second Signature (See Section 12.8):
s/
Daniel Chin, Chief Financial Officer
Name, Title
Date: Q 0�
132128 exp 12.31.21
Contractor's California License Number(s) and Expiration Date(s)
END OF CONTRACT
Smith Ranch & Lucas Valley Resurfacing 2020 Form CONTRACT
City Project No. 11336 Page 5
SR City Attorney Approved 1/30/2020
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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 HY Extension: 3352
Contractor Name: Ghilotti Bros., Inc.
Contractor's Contact: Debbie Petersen Contact's Email: DebbieP@ghilottibros.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
I _ _ _
a. Email PINS Introductory Notice to Contractor
DATE
Check/Initial
1
Project Manager
Click hers to
❑
enter a date.
b. Email contract (in Word) and attachments to City
G ick here to
Attorney c/o Laraine.Gittens@cityofsanrafael.org
enter a date.
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
( (ick. here to
and return to Project Manager
enter .L elate.
❑
b. Confirm insurance requirements, create Job on
Click here to
PINS, send PINS insurance notice to contractor
entci a date.
❑
3
Department Director
Approval of final agreement form to send to
Click or tap
❑
contractor
it) enter a
data.
4
Project Manager
Forward three (3) originals of final agreement to
Click herd to
❑
contractor for their signature
When necessary, contractor -signed agreement
enter a date.
5
Project Manager
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
X❑IKK
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
6/1/2020
Date of City Council approval
_
_
6/24/2020 IKK
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
Review and approve hard copy of signed
7
City Attorney
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
&/Z4
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
i
official
10
City Clerk
Attest signatures, retains original agreement and
N
JbT
_
1 forwards copies to Project Manager
074