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Home My WebLink AboutAgr 2007-11-27 (Ghiotti Bros. Inc.) )/ TOWN OF TIBURON TIBURON, CALIFORNIA OWNE~CONTRACTORAGREEMENTFORTHE TIBURON BOULEV ARD/ REED RANCH ROAD INTERSECTION IMPROVEMENTS THIS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this 21- rH day of f'.J!)\l~5 6A-- , 2007, by and between the TOWN OF TIBURON, municipal corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner") and h ~ i L 0 ,.,..'~ ~~ \ N~. ("Contractor"), whose principal place of business is 67.- S ~AU>~l ~~ S.lrN RAfA~\.- i GA '4 ?-o I .' In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I CONSTRUCTION Subject to and in accordance with the terms of this Agreement, the Contractor shall do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete, in accordance with the Contract Documents (as hereinafter defined) in a good, workmanlike and substantial manner and to the satisfaction of the Owner, the Tiburon Boulevard/ Reed Ranch Road Intersection Improvements ("Project") located in Tiburon, California more particularly depicted on Exhibit A ("the Site"). The Project is that described and reasonably inferable from the drawings and specifications and documents enumerated in Exhibit B, such construction and furnishing oflabor, services, materials and equipment and the performance of Contractor's other services and obligations required by the Contract Documents are hereinafter referred to as the "Work." The term "Contract Documents" shall mean this Agreement, and all of the items enumerated in Exhibit B. ARTICLE II PA YMENT See Section 5-1. 7 of the Special Provisions of Contract Documents. AR TI CLE In TIME FOR PERFORMANCE Section 3.1 Time of Completion: See Section 8-1.06 of the Standard Specifications and Section 4 of the Contract Documents Section 3.2 Liquidated Damages: Contractor will pay liquated damages as set forth Section 8-1.07 of the Standard Specifications and Section 4 of the Special Provisions. The Parties acknowledge that time is of the essence in this Agreement and wish to avoid the cost, difficulty and delay of proving the damages caused by delay. Accordingly, the Parties agree that the Contractor shall pay to the Town the sum of$750 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed in Section 3.1 hereof. lllto-4-(!1--LUL-L/-- -- OWNER '.f}~~. CONTRACTOR CHAEL M. GIDLOrn PRESIDENT/fREASURER AR TI CLE IV PREVAILING WAGES The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the Director of the Department of Industrial Relations of the State of California, copies of which ("Prevailing Rate Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any interested party upon request. The holidays A-I upon which rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workman employed on the Project. Attention is directed to Section 7-1.01 A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as set forth in California Labor Code S 1775, twenty-five dollars ($25.00) for each calendar day or portion thereof, for each workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done by any subcontractor under Contractor. ARTICLE V NON-DISCRIMINA TION The Contractor hereby agrees to comply with the provisions contained in Section 5-1.1 of the Contract Documents. ARTICLE VI WORKER'S COMPENSATION INSURANCE By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's 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 of this Agreement. ARTICLE VII CONFLICT In the event of conflict between the terms of this Agreement and the bid or proposal of said Contractor, then, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the proposal conflicting herewith. ARTICLE VIII EXHIBITS This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A Exhibit B Exhibit C The Site The Contract Documents that comprise the terms of this Agreement Contract Prices IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove written. APPROVED AS TO FORM: TOWN OF TIBURON By /~~- Town Attorney By ~<:1Q.A.~,-,,---------- Town anager CONTRACTOR: GIllLOrn BROS., INC. t~~ BY~ ;- OIB Its PRESIDENT/fREASURER Contractor's License No. /3 Z I Z S Expiration Date: I~ / 7:>, / 01 , ( A-2 EXHIBIT A The Site The area of public right-of-way located in the Town of Tiburon, California described as: Tiburon Boulevard (State Route 131) from Reed Ranch Road intersection to approximately 380' northeast of said intersection. A-3 EXHIBIT B Contract Documents . Project plans . Standard Specifications . Standard Plans . Special Provisions . Proposal and Contract . Contract bonds s required . Any supplemental agreements amending or extending work . Any working drawings, sketches, or instructions clarifying or enlarging upon the work specified. . Pertinent portions of any other documents included by reference in the specifications, Standard Specifications, or Plans. A-4 1 Temporary Storm Drainage Inlet 1 EA t;OO.Ov S7J0, 00 Protection 2 Mobilization 1 LS ~CN>O. 00 ~OWr 0{) . ." 3 Traffic Control System (8) 1 LS 15; 019.00 15, 019, 00 4 Construction Area Signs (S) 1 LS Z (){)D. () 0 ~ooo_ Cl) "I 5 /Lead Compliance Plan (S) 1 LS .3000.00 :l,ooo.OO -~ 6 Remove Thermoplastic Traffic Stripe 564 LF 11.00 to ~O+, O'D (Yellow) , 7 Relocate Roadside Sign (Single Post) 2 EA 4oo~ f)() cft)(). DO 8 Clearing and Grubbing 1 LS ~"DD.OO SlXD. ()'~ 9 Remove Portland Cement Concrete 255 SF 19.0D 4 ~.,().uiJ 10 Roadway Excavation 166 CY gO.OQ , I ZfO. 00 11 Asphalt Concrete (Type A) 209 Ton '.3),00 z..11 7/7, CO 12 Roadside Sign (Single Post) 3 EA 300.00 qOD. 00 13 Curb (Type B 1-6) 278 LF ~2. 00 ~ g-'1~.OD 14 Thermoplastic Pavement Marking 84 SF /~. 00 R4<J. 00 15 Thermoplastic Traffic Stripe (4 Inch 80 LF 10.00 White) f1)O.OO 16 rrhermoplastic Traffic Stripe (4 Inch 358 LF ~.fD 2 327.()D Yellow) I 17 rrhermoplastic Traffic Stripe (8 Inch 131 LF 7. DO 917. ()D White) 18 lPavement Marker (Retroreflective) 17 EA /0. 00 /7(). 00 19 Textured Concrete (S) 137 SF 35", ()o 4 7fJ: ()O 20 Install Wood Chip Mulch 1 LS If"'oo.ou I.s-ov. 0 D 21 Irrigation Supply Line 1 LS 33DO. dO ~.}. 60t!.~ 3,j~ u, . TOTAL BID = II Di '";35 " 0 0 JtJ)t H . ~rr c TOWN OF TIBURON TIBURON BOULEV ARD/ REED RANCH ROAD INTERSECTION IMPROVEMENTS BID PROPOSAL The contractor agrees to accept payment, in full therefore, at the following prices to wit: EST. UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE NOTES: 1. (S) - INDICATES SPECIALTY ITEM. 2. THE TOTAL BID., CALCULATED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, WILL BE USED TO DETERMINE THE LOWEST BIDDER. 3. ALL BLANKS IN THE BID SCHEDULE MUST BE APPROPRIATELY FILLED IN. Grand Total of Bid items 1 through 21 (written) Oi'\e. HvV\J~J. QI.1J feV\ Thovsa...J. 5;.l( HVr1c.:fvpcf \' h : y +h y 'F ~ \r~ d e>/I (;l Y'S Dollars P-3 &).00 v