HomeMy WebLinkAboutAgr 2010-09-09 (Ghilotti Bros Inc.)TOWN OF TIBURON
TIBURON, CALIFORNIA
OWNER-CONTRACTOR AGREEMENT FOR THE
2010 Street Improvement Project
THIS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this day of
9SYMn-,9w,-5(Z_ , 2010, by and between the TOWN OF TIBURON, municipal corporation, 1505 Tiburon
Boulevard, Tiburon, CA 94920, ("Owner") and C>g iL TT i gg~>S l r4 e • ("Contractor"), whose
principal place of business is 15 _"l~~~gti STtL~ , SPr•J ZA FA a,, CA 9¢9 C>!
In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as
follows:
ART1C I .F 1
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 2010 Street Improvement Project ("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 of labor, 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.
ART1C'i.F If
PAVMF.NT
See Section 5-1.7 of the Special Provisions of Contract Documents. Total compensation for the Work shall not exceed
$690,683.00 without prior written authorization from the Owner, and will consist of the Base Bid plus the Alternative
Bid streets of Park Place, Washington Court, Irving Court, and Jefferson Court.
A-1
ARTICLF. M
TIME FOR PERFORMANCE
Section 3.1 Time of Completion:
See Section 8-1.06 of the Standard Specifications and Section 4 of the Special Provisions.
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 $1000 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.
X
OWNER
CONTRACTOR " aOT-T- I BROS., INC,
MICHAEL M. GHTLOTTI
ARTICLE IV PRESIDENT/TREASURER
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 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 7-1.01A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as
set forth in California Labor Code § 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-DISCRIMINATION
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
A-2
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 The Site
Exhibit B The Contract Documents
Exhibit C Bid Proposal (Pages P 1-P 16)
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove
written.
APPROVED AS TO FORM:
n
By
Town Attorney
TOWN OF TIBURON
By C
Town anager
CONTRACTOR: GMOT-T-I BROS., INC.
By
MIEL M. MUM
Its- PRES11)FINITIMEAS
Contractor's License No.~~
Expiration Date:
F t
A-3
Bond Executed in Triplicate
TOWN OF TIBURON
PERFORMANCE BOND
(To Accompany Contract)
Bond No. 09018567
Premium: $4,632.00
WHEREAS, the Town of Tiburon, acting by and through the Department of Public Works, has awarded to
Contractor Gh i 1 o t t i Bros., Inc. , hereafter designated as the "Contractor", a
contract for the work described as follows:
Tiburon 2010 Street Improvement Project
AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract,
guaranteeing the faithful performance thereof:
NOW, THEREFORE, we the undersigned Contractor and Surety are held firmly bound to the Town of
Tiburon in the sum of $s ix hundred ninety thousand six hundred eighty three & 00/100- - dollars
690,683.00 - to be paid to said Town or its certain attorney, its successors and assigns: for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the above bound Contractor, its heirs, executors, administrators, successors or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements
in the foregoing contract and any alteration thereof made as therein provided, on his or their part to be kept
and performed at the time and in the manner therein specified, and in all respects according to their intent
and meaning, and shall indemnify and save harmless the Town of Tiburon, its officers and agents, as therein
stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full
force and virtue.
IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 31st day of
August 20 10
Correspondence or claims relating to this bond Ghilotti Bros . , Inc .
should be sent to the surety at the following 47f -_t &
address: Michael M. Gh lot i, President/Treasurer
560 Mission Street, Ste 2400
San Francisco, CA 94105
Contractor
Fidelity and Deposit Company of Maryland
V111 tSurety (SEAL)
By : Attomey-in-Fact Kelly Ho 1 t emann
NOTE: Signatures of those executing for the surety must be properly acknowledged.
A-8
ACKNOWLEDGMENT
State of California
County of Marin
on September 2, 2010 before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, President/ Treasurer
who proved to me on the basis of satisfactory evidence to be the personv) whose namef4 is/tm
subscribed to the within instrument and acknowledged to me that he/Mrey executed the same in
hisAhe aV authorized capacity i , and that by his/11'9 air signature(,Oon the instrument the
person(p; or the entity upon behalf of which the person(Ps'f 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.
KATHLEEN J. FREW EC'KHAUS
WITNESS my hand and official seal.
Commission # 1704510
Nolaiy Public - California z
Z Z
tAclrir, ^Unfy
3, 2010
ti `V
Signature F (Seal)
ACKNOWLEDGMENT
State of California
County of Marin )
On August 31st, 2010
_ before me, J _ DeLuca, Notary -
(insert name and title of the officer)
personally appeared Kelly- Ho l temann
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(.s~ is/afe,
subscribed to the within instrument and acknowledged to me that fie/she/tom executed the same in
-iii-,4Yher/tar authorized capacity(iee*, and that by 4ie/her/tom; signature(&~ on the instrument the
person(, or the entity upon behalf of which the person(..) 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.
Signature
<<•„ • J. DELUCA
D
V ~~Yw_.
COMM. #1815054
r
T
V
NOTARY PUBLI C-CALiFORMA
MARIN COUNTY
Q
My Comm. Expires October 24 2012
(Seal)
Bond Executed in Triplicate
TOWN OF TIBURON
PAYMENT BOND
(Section 3247, Civil Code)
Bond No: 09018567
Premium: Included
WHEREAS, The Town of Tiburon , acting by and through the Public Works Department, hereafter
referred to as "Obligee", has awarded to Contractor Ghilotti Bros., Inc. , hereafter
designated as the "Principal", a contract for the work described as follows:
Tiburon 2010 Street Improvement Project
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to
secure the payment of claims of laborers, mechanics, material, men and other persons as provided by
law.
NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in the sum
of
six hundred ninety thousand six hundred eighty three & oo/loo--- dollars
690,683.00 for which payment, we bind ourselves, jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section
3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by
such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board
for the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue
and Taxation Code, with respect to such work and labor, that the surety herein will pay for the same in an
amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case
suit is brought upon this bond, the surety will pay a reasonable attorney's fee to fixed by the court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right
of action to such persons or their assigns in any suit brought upon this bond.
Dated: August 31st
Correspondence or claims relating to this bond
should be sent to the surety. at the following
address:
560 Mission Street, Ste 2400
San Francisco, CA 94105
20 10
Ghilotti Bros., Inc.
2 7ZL---6~iltl
Michael M. Gh' ott , President/Treasurer
Principal
Fidelity and Deposit Company of Maryland
Surety (SEAL)
By : Attorney-in-Fact Kelly Ho l t emann
NOTE: Signatures of those executing for the surety must be properly acknowledged.
A-6
ACKNOWLEDGMENT
State of California
County of Marin
On September 2, 2010 before me,
Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, President / Treasurer
who proved to me on the basis of satisfactory evidence to be the personv) whose namef4 isitm
subscribed to the within instrument and acknowledged to me that he/shley executed the same in
hisAie air authorized capacity i , and that by his/hurtthek signature(,s~ on the instrument the
person(ps,, or the entity upon behalf of which the personal 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.
KRTNLEE ~l J. R Rlw rCitll~us
WITNESS my hand and official seal.
Commission # 1 70 4510
Z 'F4a~ ti p Notary Public - California D
Merin County
My Comm. bores Nov 13, 2010
Signature (Seal)
ACKNOWLEDGMENT
State of California
County of Marin
On ---August 31st, 2010
before me, J DeLuca _Notary_ Public
(insert name and title of the officer)
personally appeared ___________.______Ke l ly_ Holt emann
who proved tome on the basis of satisfactory evidence to be the person(s) whose name(s.) is/ aye
subscribed to the within instrument and acknowledged to me that #e/she/" executed the same in
-H~her/t-~e authorized capacity(4es , and that by 4-Ae/her/t** signature( on the instrument the
person(s~, or the entity upon behalf of which the person(-&) 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. t,.. ' J. DELUCA
~A D
COMM. #1815054
/ +9 NOTARY PUBUGCAUFORNIA
MAR!N COUNTY O
1 , My Comm. Expires October 24, 2012
Signature (Seal)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Lamkm~i~reofl Company, which are
set forth on the reverse side hereof and are hereby certified to be in full force and eff t does hereby
nominate, constitute and appoint Kelly HOLTEMANN and Joan DEL ~r , California, EACH
its true and lawful agent and Attorney-in-Fact, to make, execu o ' as surety, and as its
act and deed: any and all bonds and undertakin n o~ L11_ ertakin s in pursuance of these
said Co r d`~ I ~lA i c 'nd ur oses as if the had been duly
executed and acknowledge 1 ctedT pany at its office in Baltimore, Md., in their own
proper persons. This.-{' ~ifatt re,.yQl~i ~ ehalf ol'Kelly HOLTEMANN, dated August 30, 2007.
The said Assistant
Section 2, of the By-
~ tffy'ihat the extract set forth on the reverse side hereof is a true copy of Article VI,
y, and is now in force.
IN WITNESS WfWRPOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December,
A.D. 2007.
ATTEST:
~,o oEPOS~
icA Ojvf ~
O O
+ w «w c
State of Maryland
ss:
City of Baltimore
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
Gregory E. Murray Assistant Secretary
Theodore G. Martinez
On this 3rd day of December, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
)I j
7J~~711111
Constance A. Dium Notary Public
My Commission Expires: July 14, 2011
POA-F 016-0949G
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of' the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary ol'the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually al'lixecl."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this F l day of ` ' e,~ l C
I N %low sec•relarv