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2 Contract
This public works contract (“Contract”) is entered into by and between the City of San Mateo (“City”) and DL Falk Construction, Inc. (“Contractor”), for work on the Marina Branch Public Library Restoration 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 16, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: Additive Bid Alternate A and Additive Bid Alternate B.
2. Contract Documents. The Contract Documents incorporated into this Contract include those within the Contract Book, and inclusive 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.
2.1Notice Inviting Bids;
2.2Instructions to Bidders;
2.3Addenda, if any;
2.4Bid Proposal and attachments thereto;
2.5Contract;
2.6Payment and Performance Bonds;
2.7General Conditions;
2.8Special Conditions;
2.9Project Plans and Specifications, including Technical Specifications;
2.10Change Orders, if any;
2.11Notice of Potential Award;
2.12Notice to Proceed; and
2.13The following:
Appendix A; Appendix B
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 $5,405,000 (“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 320 working days from the start date set forth in the Notice to Proceed, and 80 working days for the plant establishment maintenance period.(“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 1 2
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2 amount of $1,200 per day for each day of unexcused delay in achieving 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 and Minimum Wage 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.
7.4 Minimum Wage. Bidder agrees to comply with the City’s minimum wage ordinance as codified in San Mateo Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
Contractor and its Subcontractors are required to pay the higher of the currently applicable state prevailing wage rates or City minimum wage.
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 Mateo
Public Works Department
330 W. 20th Avenue
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2 San Mateo, CA 94403
Phone: (650) 522-7300
Attn: Karen Cornejo, Desmond Chan, Jimmy Vo
Email: [email protected]
[email protected]
[email protected]
Contractor:
Name: DL Falk Construction, Inc.
Address: 3526 Investment Boulevard
City/State/Zip: Hayward, CA 94545
Phone: (510) 887-6500
Attn: David T. Falk
Email: [email protected]
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 San Mateo 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 San Mateo 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 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 Corporations Code § 313. [Signatures are on the following page.]
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2 The parties agree to this Contract as witnessed by the signatures below:
CITY:Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Matt Fabry, Director of Public Works Linh P. Nguyen, Assistant City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Date: ___________________________
CONTRACTOR: ___________________________________________________ DL Falk Construction, Inc.
s/_______________________________ Seal:
_________________________________
David T. Falk, Vice President
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Heidi Diep, Controller
Date: ____________________________
683837 - 01/31/2026
Contractor’s California License Number(s) and Expiration Date(s)
END OF CONTRACT