C#5515
CONSTRUCTION AGREEMENT
This Construction Agreement ("Agreement") is made and entered into this 3rd day of _ 2021, by and between the City of Richmond, a municipal corporation and charter city ("City") and Ghilotti Bros., Inc, ("Contractor"), with reference to the following facts. The parties may be referred to in this Agreement individually as "Party" and collectively as the "Parties."
RECITALS
On December 16, 2020, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of the Yellow Brick Road Project, located at 7th Street from Ripley Avenue to Pennsylvania Avenue, 8'h Street from Ohio Avenue to Lincoln Avenue, and Pennsylvania Avenue from 2'd Street to Harbour Way (the "Project").
B. Contractor submitted the lowest responsive bid and has been determined to be responsible.
C. City now desires to contract with Contractor to furnish construction and related services for the Project.
NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:
ARTICLE I
CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.
Project Specifications - including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids - Contractor's Proposal attached as Exhibit A, and this Agreement, constitute the "Contract Documents."
Section 1.2 Construction.
Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
2018 Final Form
Section 1.3 Payments.
Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.
Section 1.4 Discovery of Hazardous Waste or Unusual Conditions. (a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class IT, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
Section 1.5 Laws and Regulations.
The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof. 2 2018_Final Form
(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures. (c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City's Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City's Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City's Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56).
During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.
Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.
3 2018 Final Form
Section 1.6 Inspections.
Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.
Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 1.8 Working Hours.
Eight hours of labor is a legal day's work. Any worker's time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.
Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers' Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861.
Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day 4 2018_Final Form
review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.
Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor's work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: "Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request." Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the 5 2018 Final Form
Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.
Section 1.10 Security In Lieu of Retention.
The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.
1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between whose address is
hereinafter called "Owner," whose
address is hereinafter called "Contractor" and
whose address is hereinafter called
"Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for _in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of 6 2018_Final Form
the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _ and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
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Address Address
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
Title Title
Name Name
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854 (Stats. 2014, ch. 28): (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public work pursuant to California Labor Code Section 1725.5 (Lab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Labor Code Section 1725.5 (Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).
Section 1.12 Job Site Notices.
Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
Section 1.13 Municipal Code Chapter 2.65 Requirements.
Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications. 8 2018 Final Form
ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a "Default" by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City's last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work. (c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City. 9 2018 Final Form
Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice d cure periods will, either at the option of the City or automatically where so specitied, relier le City of any obligation to make or continue payments and shall give the City the right proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.
Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 2.3 Waiver of Damages.
Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.
ARTICLE I
GENERAL PROVISIONS
Section 3.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all 10 2018 Final Form
persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.
Contractor shall be solely responsible for its own acts and those of its agents and employees.
Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:
1. The work performed in connection with the change to be made; The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 "Force Account" of the 2015 State of California Department of Transportation Standard Specifications; and
The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor's signature, provided the Department Head or his or her representative so indicates by noting thereon "unilateral change order." (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.
Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City. 11 2018_Final Form
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term "claim" is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a "Claim"), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, "Change Orders." If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City's written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.
Contractor's written claim must identify itself as a "Claim" under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 - 5; and (7) verification under penalty of perjury of the claim's accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.
Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.
1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.
If Contractor disputes City's written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City will 12 2018_Final Form
provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to Section 3.3(f) of this Agreement.
Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City's failure to have responded to a claim, or its failure to otherwise comply with the time requirements of Section 9204 of the Public Contract Code, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.
Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City's direction.
(f) Compliance
1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the completion or termination of the contract.
Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor's right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any ubsequent Government Code claim, administrative hearing, or civil action 13 2018 Final Form
3. City shall not be deemed to waive any provision under this Section 3.3 if, at City's sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.
Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "Actions"), resulting from injury to or death sustained by any person (including Contractor's or any subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor's fault or negligence; provided, however, that Contractor's, and Contractor's subcontractors' indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.
Section 3.5 Non-Liability of City Officials, Employees and Agents.
No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.
Section 3.6 No Third Party Beneficiaries.
There shall be no third party beneficiaries to this Agreement. 14 2018 Final Forin
Section 3.7 Conflict of Interest.
Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person's tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and (1) if intended for the City shall be addressed to:
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Tawfic Halaby
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall be addressed to:
Ghilotti Bros., Inc.
525 Jacoby Street
P.O. Box 10268
San Rafael, CA 94912
Attn: Lance Bushnell
15 2018_Final Fonn
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
Section 3.9 Applicable Law.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 3.10 Parties Bound.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.
Section 3.11 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 3.12 Force Majeure.
Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor beyond the control or without the fault of the Party claiming an extension of time to perform ("Force-Majeure Delays"). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty 16 2018_Final Form
(60) days unless the City is the cause of such delay. In the event that the parties cannot agree th in section 3 of this Agrees it sharie to the Force-Majieure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
Section 3.13 Waivers.
Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.
Section 3.14 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions.
Section 3.15 Entire Understanding of the Parties.
The Contract Documents - along with any written change orders and dispute determinations that may be issued by the City in the course of performance - shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.
The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.
Section 3.16 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
[Signatures on following page]
17 2018_Final Form
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
CITY:
Reviewed By:
Onli CITY OF RICHMOND, a municipal corporation and
charter city
City Attorney
By:
ATTEST:
Name: Laura Snideman
Pamela Christ Its: City Manager
City Clerk
CONTRACTOR:
Ghilotti Bros., Inc.
By: Yaah
Name: Lance A. Bushnell
Its: Vice President - Estimating
18 2018 Final Form
Ghilotti Bros., Inc. CHILOTTI BROS
525 JACOBY STREET • SAN RAFAEL, CA 94901
OVER 100 YEARS
P 415.454.7011 • F 415.454.8376 • www.GhilottiBros.com GAN RAFAEL CSLB LICENSE # 132128 • DIR # 1000001037
CORPORATE RESOLUTION
1, Michael M. Ghilotti, President and C.E.O. of Ghilotti Bros., Inc., a corporation organized under the laws of the State of California, do hereby certify that the following resolution is a full, true and correct copy of a resolution of the Board of Directors of said corporation, duly and regularly adopted by the Board • of Directors in conformance with applicable law and by-laws of said corporation on the 14th day of February, 2020.
RESOLVED, that Lance A. Bushnell, Vice President of Estimating, is hereby authorized to sign all bid, subcontract and contract documents for Ghilotti Bros., Inc.
IN WITNESS WHEREOF, we the Board of Directors set forth our names and affix the seal of said corporation, this 14th day of February, 2020.
Miliatristilatt Mario M. Sibe
Michael M. Ghilotti Mario M. Ghilotti
President/C.E.O Corporate Officer/Secretary •
PAVING • EXCAVATING • HEAVY HIGHWAY • CONCRETE • RECYCLING & MATERIALS • UNDERGROUND Exhibit A
Proposal
19 2018_Final Form
City of Richmond
Department of Engineering
BID
FOR
YELLOW BRICK ROAD
CITY OF RICHMOND PROJECT NO. CIP16-469
ACTIVE TRANSPORTATION PROGRAM
FEDERAL PROJECT NO. ATPL-5137(049)
Notice to bidders and Special Provisions dated: _12/14/2020.
Project Plans approved: 10/16/2020
Standard Specifications dated: 04/17/2020
Standard Plans dated: _04/17/2020
FEDERAL PROJECT NO. ATPL-5137(049)
Bid Opening Date: JANUARY 28, 2021
P-2
PROPOSAL TO THE CITY OF RICHMOND
ENGINEERING & CAPITAL IMPROVEMENT PROJECTS DEPARTMENT
450 CIVIC CENTER PLAZA
RICHMOND, CA 94804
TELEPHONE: (510) 307-8091
YELLOW BRICK ROAD
CITY OF RICHMOND PROJECT NO. CIP16-469
ACTIVE TRANSPORTATION PROGRAM
FEDERAL PROJECT NO. ATPL-5137(049)
NAME OF BIDDER Ghilotti Bros., Inc.
BUSINESS P.O. BOX P.O. Box 10268
CITY, STATE, ZIP _ San Rafael, CA 94912
BUSINESS STREET ADDRESS 525 Jacoby Street
(Please include even if P.O. Box used)
CITY, STATE, ZIP San Rafael, CA 94901
TELEPHONE NO: AREA CODE (415) 454-7011
FAX NO: AREA CODE (15) 454-8376
CONTRACTOR LICENSE NO. 132128
The work for which this proposal is submitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans described below, including any addenda thereto, the contract annexed I hereto, and also in conformance with the 2018 California Department of Transportation Standard Plans, the 2018 Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The special provisions for the work to be done are dated November 13, 2020 and are entitled:
City of Richmond
Engineering & Capital Improvement Projects Department
NOTICE TO CONTRACTORS AND SPECIAL PROVISIONS FOR
The project plans for the work to be done were approved October 16, 2020 and are entitled:
YELLOW BRICK ROAD
CITY OF RICHMOND PROJECT NO. CIP16-469
ACTIVE TRANSPORTATION PROGRAM
FEDERAL PROJECT NO. ATPL-5137(049)
P-3
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the City of Richmond's Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City of Richmond, and that discretion will be exercised in the manner deemed by the City of Richmond to best protect the public interest in the prompt and economical completion of the work. The decision of the City of Richmond respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
P-4
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the City of Richmond, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the City of Richmond that the contract has been awarded, the City of Richmond may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the City of Richmond.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of Richmond, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:
P-5
ever
YELLOW BRICK ROAD
CITY OF RICHMOND PROJECT NO. CIP16-469
ACTIVE TRANPORATION PROGRAM
FEDERAL PROJECT NO. ATPL-5137(049)
BID ITEM LIST REVISED JANUARY 25, 2021
BID
DESCRIPTION UNIT QUANTITY UNIT COST ITEM COST
ITEM
BASE BID - SCHEDULE "A" and "B"
BASE BID - SCHEDULE "A" - ATPL-5137(049)
101 Mobilization (5% max.) LS 1 240,000. 240,000-
102 Traffic Control LS 1 29834125248,341.25
103 Construction Layout and Staking LS 1 45,000.- 45,000.- 104 Water Pollution Control LS 1 10,000.' 10,000.-
201 Clear and Grub SF 1,349 8.- 10,792.-
202 Remove Tree (<12" Diameter) EA 2 1,000,- 2,000.-
203 Remove Tree (18" Diameter) EA 1 1,500.- 1,500.-
204 Remove Portland Cement Concrete SF 19,156 6.- 114,936.- 205 Remove Full Depth AC SF 58,947 4.- 235,788.-
206 Remove Pavement Stripings and 10,500.-
Marking LS 1 10,500.-
207 Remove Sign, Post and Foundation EA 31 200.- 6,200.~ 208 Remove Storm Drain RCP LF 270 50.- 13,500.-
209 Remove Storm Drain Inlet EA 15 420.- 6,300.-
210 Remove Culvert LF 115 50.- 5,750.-
211 Remove Rubber Curb LF 49 4.- 196.-
212 Remove Brick SF 1,985 7.- 13,895.-
301 Concrete Curb and Gutter (6") LF 1,338 73.- 97.674.- 302 Concrete Curb and Gutter - Median LF 158 97.- 15,326.- 303 Concrete Vertical Curb (6") LF 3,128 50.- 156,400-
304 Concrete Mountable Traffic Circle LF 119 105.- 12,495.- 305 Concrete Driveway SF 2,026 23.59 47,6ll.-
306 Concrete Curb Ramp SF 4,839 30.- 145,170-
P-6
307 Concrete Passageway SF 1,112 29.- 32,248.-
Detectable Warning Surface at Raised
308 SF 882 40.- 35,280-
Intersections and Raised Crosswalks
309 Concrete Sidewalk SF 13,050 14.- 182,700°
Concrete Median and Traffic Circle 30! 22,200.-
310 SF 740
Flatwork
311 Concrete Bus Pad SF 470 40≤ 18,800≤
312 Metal Bollards EA 16 1,100- 17,600.?
401 Crack Sealing SF 4,587 1.50 6,880.59
402 Base Repair SF 1,951 14.^ 27,314.'
403 Asphalt Concrete Mill and Fill SF 5,981 6.- 35,886.- 404 Asphalt Concrete - Roadway (Raised) SF 21,799 5.50 119,894.50 405 Asphalt Concrete Transition Ramp SF 9,545 5.50 52,497.50 406 Textured Colored Asphalt Concrete SF 19,816 ll.- 217,976:
407 Full Depth HMA SF 35,643 11.50 409,894.50
408 Slurry Seal SF 136,696 •50 68,348!
509 Adjust - Sanitary Sewer Manhole EA 12 650.- 7,800≤
510 Adjust - Storm Drain Manhole EA 11 650- 7,150."
511 Adjust - Traffic Signal Box EA 11 500. 5,500.-
512 Adjust - Cathodic Protection EA 3 515.- 1,545.-
513 Adjust - Street Light Box EA 3 500.? 1,500.-
601 192 145.- 27,840.-
6" PVC Storm Drain Pipe LF
602 LF 157 198.- 31,086.-
10" HDPE Storm Drain Pipe
603 12" HDPE Storm Drain Pipe LF 1,293 192.- 248,256.≤
604 15" HDPE Storm Drain Pipe LF 28 245.- 6,860-
605 18" HDPE Storm Drain Pipe LF 2.87 248.- 71,176-
606 40 4,500.- 180,000!
New Storm Drain Inlet EA
607 EA 3 8,000.' 24,000^
New Storm Drain Junction Box
608 New Storm Drain Manhole EA 13 8,300.- 107,900.-
609 200 250.- 50,000!
Grated Line Drain LF
Thermoplastic line (White, 4"), 1.30." 721.50
701 (Yellow, 4"), White, 6") LF 555
p-7
Thermoplastic Crosswalk Basic (White,
702 LF 4,252 4.75 20,197'
12"), (Yellow 12")
Thermoplastic Crosswalk Ladder 7.50
703 LF 821. 6,157.50
(White, 12"'), (Yellow 12")
704 Limit Line (Stop Line) LF 474 4.75 2.251.50
706 Detail 10 LF 350 •50 175^
707 Detail 22 LF 1,897 2: 3,794.-
708 Detail 24 LF 194 • 50 97.-
709 Detail 27B (White Right Edge Line) LF 92 92.
710 Detail 38A LF 525 1.20 630."
711 Detail 39 (Bike Lane Line) LF 6,323 l.' 6,323=
Detail 39A (Bike Lane Line
712 LF 1,000 l.' 1,000.'
Intersection)
713 Detail 29 LF 317 3.50 1,109.50
714 Bike lane Buffer LF 77 3.= 231.-
715 Thermoplastic Pavement Marking
(White) -"STOP" EA 39 150.- 5,850-
Thermoplastic Pavement Marking 150.-
717 EA 3 450.-
(Yellow) - SLOW"
718 Thermoplastic Pavement Marking 240.-
EA 3 720.-
(Yellow) - "SCHOOL"
719 Thermoplastic Pavement Marking
EA 3 150.- 450.-
(Yellow - "XING"
720 Thermoplastic Pavement Marking - EA 24 100.- 2,400? bike lane symbol with person
721 Thermoplastic Pavement Marking - 35.-
EA 24 840.-
bike lane arrow
Thermoplastic Pavement Marking - 100.- 1,100.-
722 EA 11
Type IV (L) arrow
723 Thermoplastic Pavement Marking - 4,800.г
EA 32 150.-
Chevron
724 Bike Boulevard Marking EA 36 85.- 3,060.-
725 Shared Roadway Bicycle Marking EA 1 120.- 120.-
726 Green Thermoplastic Marking SF 3,061 10.' 30,610.-
728 Type D Markers EA 27 10.- 270.-
729 Blue Pavement Marker EA 10 25.- 250.-
730 Red Curb LF 246 3.- 738.-
731 Sign, Post and Foundation - New EA 33 400.- 13,200.- 732 Sign, Post and Foundation - Salvaged EA 45 275.- 12,375.- P-8
801 Mulch SF 9,207 9,207.-
TRAFFIC SIGNAL SYSTEM
1000 MODIFICATIONS @ PENNSYLVANIA 1 291,040- 291,040."
AVE/ 5TH ST
TRAFFIC SIGNAL SYSTEM
1001 MODIFICATIONS @ PENNSYLVANIA LS 1 63,795. 63,795:
AVE/ 7TH ST
TRAFFIC SIGNAL SYSTEM
1002 MODIFICATIONS @ MACDONALD LS 1 12,420." 12,420.
AVE/ 8TH ST
NEW PEDESTRIAN HYBRID BEACON 227,215:
1003 LS 227,215:
SYSTEM @ BARRETT AVE/ 8TH STREET
1004 TRENCH AND BACKFILL LF 11,585 7.- 81,095!
1005 2"PVC CONDUIT LF 11,385 9.48 107,292.80
1006 3" PVC CONDUIT LF 200 52.60 10,520≤
1007 #8 AWG STRANDED COPPER
LF 33,510 2.77
CONDUCTOR 92,822.70
#8 AWG BARE SOLID CONDUCTOR 2.77
1008 LF 11,200 31,024.-
(GROUND)
1009 #5 PULL BOX EA 175 1,146: 200,550.
1010 #6 PULL BOX EA 4 2,173." 8,692.-
1011 CIRCUIT BREAKER EA 16 280.' 4,480.^
1012 CONTACTOR EA 16 52.50 840.-
ORNAMENTAL LIGHT FIXTURE, POLE,
1013 EA 41 9,750: 399,750-
AND FOUNDATION
1014 SERVICE CABINET AND FOUNDATION EA 2 60,655.- 13, 310.- BASE BID - SCHEDULE "A" SUBTOTAL 5,182, 208.75
BASE BID - SCHEDULE "A" SUBTOTAL (WORDS) Fine million one hundred eighty two thousand two hundred light dollers and seventy firevents
BASE BID - SCHEDULE "B" - Urban Greening Grant
1101 Mobilization (5% max.) LS 1 30,000.- 30,000.-
1102 Traffic Control LS 1 200,000- 200,000≤
1103 Construction Layout and Staking LS 1 18,000.- 18,000.- 1104 Water Pollution Control LS 1 5,000.- 5,000!
1201 Clear and Grub SF 1,670 6.' 10,020≤
1202 Remove Storm Drain LF 40 28.- 1,120.-
P-9
1203 Remove Abandoned Gas Line LF 1,300 17.' 22,100.~
1204 Remove Portland Cement Concrete SF 15,598 3.' 46,794:
1205 Remove Full Depth AC SF 13,270 3.50 46,445:
1206 Remove Sign, Post and Foundation EA 19 100^ 1,900? 1301 Concrete Sidewalk Thickened Edge LF 220 6.- 1,320" 1303 Concrete Vertical Curb LF 1,760 47: 82,720"
1305 Concrete Driveway SF 1,851 24.- 44,424.-
1306 Concrete Curb Ramp SF 2,545 40.- 101,800."
1308 Detectable Warning Surface SF 920 35.- 32,200.≤
1309 Concrete Sidewalk SF 10,481 12:- 125,772"
1403 Asphalt Concrete Mill and Fill SF 630 6,930.-
1406 Textured Colored Asphalt Concrete SF 1,120 23.25 26,040." 1407 Full Depth HMA SF 5,700 23.- 131,100.≤
Asphalt Concrete Conform SF 350 5.50 1,925.-
1409
1503 Adjust Storm Drain Inlet EA 3 1,500.- 4,500.-
1510 Adjust Storm Drain Manhole EA 750.- 3,000.-
1511 Adjust Traffic Signal box EA 6 555.- 3,330-
1513 Adjust Street light box EA 2 555- 1,110.=
1601 7 400.- 2,800.-
Curb Cut Inlet (Type 1) EA
1602 400.- 2,800."
Curb Cut Inlet (Type 2) EA
1603 300 240. 72,000≤
12" HDPE Storm Drain Pipe LF
1604 7 1,200." 8,400.-
Trench Dam EA
1605 18" HDPE Storm Drain Pipe 480 260.- 124,800.-
LF
1606 Drain Inlet (Type F) 12 5,000- 60,000.-
EA
1607 105 45.- 4,725. -
Bioretention Underdrain LF
1608 6 8,100.- 48,000^
Storm Drain Manholes (Type I) EA
1609 Storm Drain Manholes (Type 1) 2 8,100." 160,200."
EA
1701 Flexible Delineators EA 24 80.- 1,920"
Thermoplastic Crosswalk Basic (White, 4.85 1,212.58
1702 LF 250
12"), (Yellow 12'")
P-10
1703 Rubber Lane Separators EA 20 150.- 3,000.-
1704 Limit Line (Stop Line) LF 95 4.85 460.15
Thermoplastic Pavement Marking
1715 EA 9 150- 1,350.'
(White) - "STOP"
1730 Red Curb LF 1,760 3.- 5,280."
1731 Sign, Post and Foundation - New EA 20 400.' 8,000.' 1801 Structural Soil SF 3,100 Б5.' 170,500.
Soil Preparation (+/- 48" deep) - Non- 131,300.-
1802 SF 10,100 13.'
Stormwater
Soil Preparation and Amendments (+/- 20.-
1803 18" deep) - Bioretention Soil SF 1,500 30,000.-
1804 Sheet Mulch System SF 13,100 1.70 22, 270.
1805 Cobbles SF 170 20.- 3,400.-
BASE BID - SCHEDULE "B" SUBTOTAL • 1, 6/00,568.25
one million six nundred sixty Six thousand
BASE BID - SCHEDULE "B" SUBTOTAL (WORDS) Five hundred sixty eight dollors and twenty fire cents
**ADDITIVE ALTERNATE BIDS
ADDITATIVE ALTERNATE BID #1 - SCHEDULE "A" - 8TH
AND ELM TRAFFIC CIRCLE ONLY
A1-1 Remove Full Depth AC SF 132 15.- 1,980.-
A1-3 Concrete Mountable Traffic Circle LF 13 84.- 1,092.= Concrete Median and Traffic Circle 27.- 918.-
A1-4 SF 34
Flatwork
A1-5 Type D Markers EA 3 10." 30.-
A1-6 Crack Sealing SF 553 4. ' 2,212.-
A1-7 Textured Colored Asphalt Concrete SF 150 10.- 1,500.- Thermoplastic Crosswalk Basic (White, 5.- 320.-
A1-8 LF 64
12"), (Yellow 12")
A1-9 Limit Line (Stop Line) LF 18 5.- 90.-
A1-10 Mulch SF 51 1.30 76.59
ADDITIVE ALTERNATE BID #1 - SCHEDULE "A" - SUBTOTAL 8,218.50 P-11
ADDITIVE ALTERNATE BID #1 - SCHEDULE "A"… eignt thousand two hundred SUBTOTAL (WORDS) eignteen dollors and fifty cents
ADDITATIVE ALTERNATE BID #1 - SCHEDULE "B" - 8TH
AND ELM TRAFFIC CIRCLE ONLY
1204 Remove Portland Cement Concrete SF -476 2.- -952.- 1205 Remove Full Depth AC SF -710 9.- - 6,390.-
1303 Concrete Vertical Curb LF -280 29.- -8,120.≤
1306 Concrete Curb Ramp SF 15.- - 1,200.-
1308 Detectable Warning Surface SF 23" - 1,150<
1309 Concrete Sidewalk SF G.- - 2,580"
1409 Asphalt Concrete Conform SF -570."
1801 Structural Soil SF 25: -7,250.-
Soil Preparation (+/ - 48" deep) - Non-
1802 SF -650 12- - 7,800-
Stormwater
1804 Sheet Mulch System SF -790 1.50 - 1,185:
ADDITIVE ALTERNATE BID #1 - SCHEDULE "B" - SUBTOTAL -37,197.- negative Thirty seren thousand
ADDITIVE ALTERNATE BID #1 - SCHEDULE "B" -
SUBTOTAL (WORDs) One hundred ninety seven collars
BASE BID - SCHEDULE "A" SUBTOTAL 5, 182, 208.75
BASE BID - SCHEDULE "B" SUBTOTAL 1, ,06lo, 568.25
BASE BID (SCHEDULES "A" & "B") GRAND
TOTAL 61,848,777.-
**The Bid Items shown for Additive Alternate Bid #1 are additive incremental quantities to the Base Bid work at 8t* and Elm Street Traffic Circle and are additive incremental cost to the Base Bid.
P-12
The undersigned hereby certifies that they understand and agree that the items listed as Additive Alternate Bids may be incorporated into the Contract Documents at the discretion of the City depending on the financial resources available at the time the contract is awarded. The undersigned hereby also certifies they understand and agree that regardless of whether the City incorporates the use of the Additive Alternate Bids, the Low Bidder will be determined by the Base Bid Grand Total (as shown above):
which is the total of the Base Bid Schedule 'A' Subtotal plus Base Bid Schedule 'B' Subtotal.
The price for lump sum bid items shall include all costs for the construction of the improvements with appurtenances, including labor and material, as shown on the plan and herein described.
The Base Bid includes all the work included in the plans and as indicated in the base bid schedule. One additive alternate bid is included and must be provided to be considered a responsive bidder.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Iter Total" or "Extension" column shall be the product of the unit price bid and the estimated quantity for the item. The "Total Bid" shall be the sum of all item totals/extensions.
In the event there is more than one bid item in a Bidding Schedule, the bidder shall furnish a price for all bid items in the Schedule, and failure to do so may be grounds for its rejection as non-responsive. The bidder shall state in figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies, or machinery, and completely perform the Contract.
If the unit price and the total amount for any items are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform thereto.
Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum.
Proposals may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the CITY's Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
In the case of a discrepancy between the Total Bid and the sum of all item totals/extensions (due to math errors by the Bidder), the extensions shall prevail and the CITY shall reconcile the error.
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Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY, and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
In accordance with Public Contract Code 5103, within five days after the opening of bids, a bidder may withdraw its bid providing the bidder can establish to the CITY's satisfaction that a mistake was made in preparing the bid. A bidder desiring to withdraw shall give written notice to the CITY, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be.
Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the Contract Documents. Other than as provided above for discrepancies, CITY will not waive clerical errors.
The quantities given in the Notice to Contractors, Proposal, and Contract forms are approximate only, being given as a basis for the comparison of Proposals, and the City does not, expressly or by implication, warrant that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any item or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the City Engineer. Payment for changes in quantities shall be in accordance with Caltrans Standard Specifications section 4-1.05, as revised herein and in the Special Provisions. No allowance will be made for anticipated profit on work which is deleted or decreased.
Bidders Bond Information
Accompanying this proposal is a "cashier's check" or "bidder's bond," as they may be, in an amount equal to at least ten percent of total of the bid.
If this proposal is accepted and the undersigned fails to enter into the contract and to give the two bonds in the form and amount required within eight (8) days, not including Sundays and legal holidays, after the bidder has received notice from the City Engineer, the City Engineer may, at his option, determine that the bidder has abandoned the contract. On such determination, this proposal and the acceptance of it shall be null and void and the security accompanying this proposal shall be forfeited and shall be the property of the City of Richmond.
Noncollusion Statement
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein and that this proposal is made without collusion with any other person, firm or corporation. In submitting this proposal the undersigned bidder agrees that if it is determined that he is the successful bidder, he will execute the noncollusion affidavit. p-14
NOTE: The City reserves the right to reject any and all bids.
ACKNOWLEDGMENT OF ADDENDA
The undersigned Bidder acknowledges receipt of the following Addenda, which have been considered in preparation of this Bid:
No. 1 (One) Dated January 21, 2021 Initial Here: YR
No. 2 (Two) Dated January 25, 2021 Initial Here: 4B
No. Dated Initial Here:
No. Dated Initial Here:
No. Dated Initial Here:
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code).
By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.
Date: January 28, 2021
Sian
Yaa.t
Lance A. Bushnell, VP of Estimating
Signature and Title of Bidder
Business Address 525 Jacoby Street, San Rafael, CA 94901 Place of Business 525 Jacoby Street, San Rafael, CA 94901 Place of Residence Petaluma,CA
P-15
CHILOTTI BROS
OVER 100 YEARS General Engineering Contractors - Excavating. Paving, Grading, Concrete, Underground GAN RAFAEL 525 JACOBY STREET • SAN RAFAEL, CA 94901 • TELEPHONE (415) 454-7011 • Fax (415) 454-8376 STATE CONTRACTORS LICENSE# 132128
CORPORATE RESOLUTION
I, Michael M. Ghilotti, President and C.E.O. of Ghilotti Bros., Inc., a corporation organized under the laws of the State of California, do hereby certify that the following resolution is a full, true and correct copy of a resolution of the Board of Directors of said corporation, duly and regularly adopted by the Board of Directors in conformance with applicable law and by-laws of said corporation on the 23rd day of December, 2020.
RESOLVED, that Lance A. Bushnell, Vice President of Estimating, is hereby authorized to sign all bid, subcontract and contract documents for Ghilotti Bros., Inc.
IN WITNESS WHEREOF, we the Board of Directors set forth our names and affix the seal of said corporation, this 23rd day of December, 2020
Main M. Stil
Michael M. Ghilott/ Mario M. Ghilotti
President/C.E.O Corporate Officer/Secretary
GEN-ST-003 www.ghilottibros.com 180614
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN
ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder's execution on the signature portion of this proposal shall also constitute an endorsement and execution of those certifications which are a part of this proposal.
The bidde..... Ghilotti Bros., Inc. proposed subcontractor hereby certifies that he has,
a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause.
Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-
1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. p-16
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder has has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285,1, The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
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Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes.. No V
If the answer is yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
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Signature Page: Interested Persons
The names of all persons interested in the foregoing proposal as principals are as follows: (If bidder or other interested person is a corporation, state the legal name of corporation, and the names of the president, secretary, treasurer and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if bidder or other interested person is an individual, state first and last name in full.
Ghilotti Bros., Inc., a California corporation
Michael M. Ghilotti - President/CEO, Mario M. Ghilotti - Secretary/Treasurer Thomas G. Barr - COO, Daniel Y. Chin - CFO
Lance A. Bushnell - VP of Estimating
Licensed in accordance with an act providing for the registration of Contractors, License No. 132128 Classification(s) A,C8,C12,C21,C31,C32,C42, HAZ By my signature on this bid I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this Bid I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.
G
Signature of Bidder
Lance A. Bushnell, VP Estimating
Print Name
Business Address _ 525 Jacoby Street, San Rafael, CA 94901 Place of Residence San Rafael, Petaluma, Novato
Dated_01-28-2021
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If bidder is a co- partnership, the true names of them shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnership. If bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
P-19
Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) Proposal Exhibit "A" As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://efiling.dir.ca.gov/PWCR/ActionServlet?action= displayPWCRegistrationForm In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.
Line Item & Description Annual Gross Receipts
License Number
contracted DIR Reg Number
Name: ARSI Constaction 205:11.96% <1 million
inC 205,402,403 $ 35,400. <$5 million
402:13.18% 5270 <$10 million
City, State:
Hayward. cA 403:10.03% 1000002818 $15 million
Cold Plane Age of Firm: 25yrs.
Name: Jonester landscape 801, 1802,1803, $1 million
Inc. 463280 <$5 million
1804, 1805, A1-10 $185,154. allat 25591 <$10 million
City, State:
So Martin, CA $15 million
mulch+ Soil 100% 1000002345 Age of Firm: 3Oyrs.
Name: Bond Blacktop <$1 million
Inc. 401,408, 41-60 746432 <55 million
City, State: $ 70,495.45 <$10 million
allat <$15 million
unioncity, cA 100% 1000001972
Crackseal+Slurry Age of Firm: 2Yyrs.
<S1 million
Name: Asphalt Impressiors 4060,1406, A1-7
Inc. 900385 $5 million
City, State: 247,368.60 <$10 million
all at <$15 million
Sacramento, cA Stamped Asphalt 100%% 1000002092 Age of Firm: 14yrs.
Name: Sierra Traffc 200,701-730,1701 $1 million
all at 755317 <$5 million
markings Inc 1730, 103, 91-8, 21.5,
City, State: 119,36.60 <$10 million
Roseville, CA 100% <$15 million
Stripe 10000072783 Age of Firm: 30yrs.
Name: Krambid and Keleyhe <$1 million
doa 1B electic i constucton 1000-1014 1021892
158,548550 all at <$5 million
City, State: <$10 million
Fairfeld, cA 1,585,83.50 100% 1000002380 $15 million
Electrical Age of Firm: 4. yrs.
P-20
Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) Proposal Exhibit "A" As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.
Subcontractor Name and Line Item & Description Annual Gross Receipts License Number
contracted DIR Reg Number
Name: Schotka -102-3.41% X $1 million
Construction Inc 102,207,731, 732, 1206,1731 $153,775 723309 <$5 million -207,731, 33099 <$10 million
City, State:
Rohner+ Pork, CA 732,1206, <$15 million
SignsicAs 1731at100% 1000002520 Age of Firm: 1Byrs.
Name: CMC Traffic Control <$1 million
Specialists Inc. 102 125,950-102-4445% 792059 <$5 million City, State: 33473 $10 million
Sanfrancisco, cA <$15 million
Traffic Cantrol 1000006503 Age of Firm: 19yrs.
Name: (onstuctson <S1 million
Saves laf. NA <55 million
103, 1103 # 63,000.
City, State: all at 40114 <$10 million
<$15 million
Berkeley, CA Survey 100% 1000011157
Age of Firm: 2.5yrs.
Name: <$1 million
$5 million
City, State: $10 million
$15 million
Age of Firm: yrs.
Name: $1 million
$5 million
City, State: <$10 million
<$15 million
Age of Firm: yrs.
Name: $1 million
<$5 million
City, State: <$10 million
$15 million
Age of Firm: yrS.
P-20
Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) Part II
In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms.
Subcontractor Name and Line Item & Description Subcontract Percentage of Contractor DBE DBE Cert Annual Gross Receipts Location Amount Bid Item Sub- License Number (Y/N) Number contracted DIR Reg Number
Name: Pavement <S1 million
401,408,A1-6 100%
Coatinas CO. 303609 $5 million
city, State: <$10 million
Jurupa valley, cA 84,445.04 $15 million
Crack Seal/slumy 1000003382 Age of Firm: 45yrs.
$$1 million
$5 million
306784
k$ko million
Sanjose <$15 milion!
1000006178 Age of Firta vrs.
Name Bond $1 milion
Black+p 746431 $5 million
$10 millior
miareity cA N/A $15 milli%
1000001972
Age of Firm:
Name: Santa Mcna 101,301-306,309,310 <$1 million
Concrete Inc. 1101,1301,13003,1305. 1,089,457 1009454 $5 million City, State: 1306,130б.1309 100% 45754 $10 million
Son Jose, cA 1000608220 <15 million
concrete Age of Firm: Styrs.
6601, 6002, 603,604 $1 million
Basset Engineering - 6005, 6010,607,6000,609 1,779,212.19 Allat 1070288 $$5 million City, State: 101 - 1609 100% $10 million
Sunfrancisco, (A 1000051792 $15 million
undergrand Age of Firm: 2yrs.
Name: Super seal and 206, 701-730,1701 S1 million
Stripe 1702, 1703, 1704, 1715 203,596.75 All at 396627 $5 million City, State: 100% 2003 $10 million
1730,01-5,A1-8,A1-9
Filmore, cA 1000000752 <$15 million
Stiping Age of Firm: Coyrs.
P-21
Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE Part II
In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms.
Subcontractor Name and Line Item & Description Subcontract Percentage of Contractor DBE DBE Cert Annual Gross Receipts Location Amount Bid Item Sub- License Number (Y/N) Number contracted DIR Reg Number
Name: Tennyson 1000-1014 $1 million
electric inc. Allat 717998 <$5 million
City, State: 2,564313 $10 million
100%
livermore, cA N/ALE $15 million
Electrical 1000013487 Age of Firm: yrs.
Name: M, ke Brown <1 million
Electric co. 1000-1014 All at 306767 $5 million
City, State: 1,972,190 100% $10 million
<$15 million
Cotati, cA flectrical N/ALB 1000000469
Age of Firm: 45 yrs.
<$1 million
N. Bradley Electic 1000-1014 All at 390741 <$5 million
City, State: 10090 <$10 million
<$15 million
Novata,cA Electrical П1,798,313 N/A<B 1000005322 Age of Firm: 43yrs.
Name: Columbia Electic $1 million
Inc. 1000-1014 3,196,213.25 All c 7605902 <5 million
City, State: 100% 38529
$10 million
$15 million
Son leandro, cA Electrical MALE 1000001478 Age of Firm 3 Coyrs. 2067047301701, <1 mallion
S Million/
100% 175581711 <$10 million
Rosenile co Striana 11060002783 Si5 milion
Age of Firm: 30yrs.
2000,701-738,1701 $1 million
NameChrisp Company 1702, 1703, 1704, 1715) An a 374600 <$5 million 1730,41-5, 41-8, 41-9 8 157,808 100% <S10 million
1000000306 <$15 million
fremont, cA Striping Age of Firm: 4/ yrs.
P-21
Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) Part II
In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms.
Subcontractor Name and Line İtem & Description Subcontract Percentage of Contractor DBE Cert Annual Gross Receipts Location Amount Bid Item Sub- License Number Number
contracted DIR Reg Number
2062703-20407S $1 million
Bryside Stipe :seal 100% 883985 <55 million
City, State: 1730, A1-5, A1-T, AL-9 #139,706 $10 milion Petaluma, CA $15 million
Stiping 1000001757 Age of Firm: )2yrs.
Name: <1 million
St. Francs Electric. 1000-1014 All @ 1003811 $5 million City, State: $2,042,400 100% <$10 million
San leandro, 14 <$15 million
Electrical 1000022208 Age of Firm: 74yrs.
Name: All@ <$1 million
2002 0037041715 <$5 million
triping graphics 100% 576756
City, State: \ 1730, A1-5, A1-8, A1-9 $165,000 <$10 million $15 million
cotati, cA Sniping 1000006495 Age of Firm: 32yrs.
<1 million
806150215031804 1068% 463R80 $5 millen
y 1255914 k$10 million
NAKE 1000002345 $515 millich
Age of Firm: 30yrs.
<$1 million
A5 million
($tO million
$15 millar
Age of Firm: _ yrs.
$1 million
Same Fervest 523187 $5 million
City, State: 61,000 $10 million
lodi, cA CAS <$15 million
1000001371
Age of Firm: yTS.
P-21
Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) Part II
In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms.
Subcontractor Name and Line Item & Description Subcontract Percentage of Contractor DBE DBE Cert Annual Gross Receipts Location Amount Bid Item Sub- License Number (Y/N) Number contracted DIR Reg Number
Name:Central Striping <$1 million
20601701-730,1701
Seruce Inc. all at 403896 <$5 million
1702, 1703,1704,1715 148,928.90 $10 million
730,A15, Al-8,Ar9 100%
Rancho cordova, CA $15 million
Strpina 1000006499 Age of Firm: 3D yrs.
Name: Wester <$1 million
traffc Spon Inc. $155,007 974188 $5 million
City, State: $10 million
1000003313 <$15 million
Pleasanton, cA Traffic control Age of Firm: yrs.
Name: S1 million
WBradley Electic Inc 1000-1014 390741 <$5 million
1,719,495 allat
City, State: <$10 million
100% <$15 million
Novato, CA Electrical 1000005327 Age of Firm: 9.0 yrs.
Name: $1 million
<S5 million
City, State: $10 million
<$15 million
Age of Firm: _ yrs.
Name: $$1 million
5$5 million
City, State: $10 million
$15 million
Age of Firm: yrs.
Name: $1 million
<$5 million
City, State: $10 million
$15 million
Age of Firm: yrs.
P-21
BIDDER'S BOND Proposal Exhibit "B"
KNOW ALL MEN BY THESE PRESENTS:
THAT WE... Ghilotti Bros., Ino.
as PRINCIPAL, and Hartford Fire Insurance Company
as SURETY are held; and firmly bond unto the City of Richmond in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Richmond for the work described below, for the payment of which sum in lawful money of the United States well and truly to be made to the City of Richmond to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ ten percent (10%) of the total amount bid ——.
THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Richmond for certain construction specifically described as follows, for which bids are to be submitted electronically via the City's BidsOnline portal, on: YELLOW BRICK ROAD, ACTIVE TRANSPORTATION PROGRAM, FEDERAL AID PROJECT NO. ATPL-5137(049).
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 22nd day of January, 2021
Ghilolli Bros., Inc. Hartford Fire Insurance Company (Seal) (Seal)
Milks (Seal)
Tande A. Bushnell, VP Estimating Kelly Holtemann, Altomey-In-Fact s25 Jacoby Sireel, San Rafael, CA$490Acldress: 101 Montgomery Street, Suite 2700 San Francisco, CA 94104
NOTE: Signatures of those executing for the surety must be properly acknowledged CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
county of Marin
oncanuary 22, 2021 beforeme Saran Kriletich, notory public Here Insert Name and Title of the Officer
lance A. Bushnell
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
SARAH KRILETICH I certify under PENALTY OF PERJURY under the NOTARY PUBLIC - CALIFORNIA I COMM. #2169411 laws of the State of California that the foregoing SONOMA COUNTY paragraph is true and correct.
My Comna Expires Ocl. 24, 2020
WITNESS my hand and official seal.
The notary commission
extended persuant to
executie order N-63-20
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public _ OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
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Document Date: _ Number of Pages:_
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Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):> • Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fack • Guardian or Conservator • Trustee • Guardian or Conservator. • Trustee
• Other: • Other:
Signer is Representing: Signer is Representing:
088888888888888888888888808888888888I88HSNEN
©2019 National Notary Association
CALIFORNIA ALL PUMPOSE ACKNOWLEDOMENT CIAR. CODE $ 1180 A notary public or other officer completing this certificate verifies only the identity of the indivichal wito signedd the document to which this certificate is attached, and not the truthfuiness, accuracy, or validity of that document.
State of California )
County of Marin
on Jan 22, 2021 before me, J. DeLuca, Notary Public
Data Here Insert Namo and Title of the Officer
personally appeared Kelly Holtemann
Name(s) of Signer(s)
who prover to mo on the basis of satisfactory evidence to be the person(e) whose name(e) is/are- subscribed to the within instrument and acknowledged to me that helshe/they executed the same in s/her/their authorized capacity(ies), and that by hie/her/thei signature(e) on the instrument the perante), or the entity upon behalf of which the person(s) 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.
J. DELUCA
Notary Public - California
Marin County Luas
Commission # 2338744 Signature
My Comm. Expires Nov 27, 2024 Signature of Notary Public Place Notary Seal Above
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i. Parter - LI Limited L General | Partner - | Limited [| General A Individual : Individual E: Attorney in Faci
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©2014 National Notary Association • www.NatlonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-11
POWER OF ATTORNEY One Hartford Plaza
Hartford, Connecticut 08166
Bond [email protected]
call: 898-2G6-3488 cw fex: 86D-757-5635
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: WOODROPF SAWYER & COMPANY Agency Code:
Hartford Fire Insurance Company, a carpention duty organized ander the lose of the State of Corectient Hartford Casualty Insurance Company, a corporation duly organized ander the lans of the State of Indime Hartford Accident and Indemnity Company, a corporation duly organized unde the laws of the State of Connectican Hanford Underwriters Insurance Company, a corporation daly organized under the laws of the State of Connectics Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a comoration daly organized under the laws of the State of linois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a comporation duly organized under the laws of the State of Florida saving the home office Hand, come hereter collectely refered as the Compas do here make come can up to the amount of Unlimited :
Nerissa S. Dartolome, Christina Burton, Alicia Dass, Joan Deluca, Patrick R Diebel, Valerie Garcia, Kelly Holtemann, Thomas E. Hughes, Munekawa, Zachary V.
Overbay, Sara Ridge, Yvonne Roncagliolo, Charles R. Shoemaker, Peter Tan of SAN FRANCISCO, California
their true and lawful Allorneys)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by , and to execute, seal and acknowledge any and all bonds, undertakings, contracts and olher written instruments in the nature thereof, on behalf of the Compantes in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and underlakings required or permilled in any actions of proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by ils Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secrelaly. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
Shelby Wiggins
Shelby Wiggins, Assistant Secrefary Joelle L. LaPierre, Assistant Vice President
STATE OF FLORIDA
S5. Lake Mary
COUNTY OF SEMINOLE
On this 13th day of February, 2020, before me personally came Joelle LaPlere, to me known, tho being by the duly sworn, did depose and spy:
that (she resides in Seminale County, State of Florida; that (she is the Assistant Vice Presideni of the Companies, the corporations described in and which execuled the above instrument; that (she knows the seals of the said corporations; thal the seals affixed to the said instrument are such corporate seals:
that they were so affixed by authority of the Boards of Directors of said corporations and thal (e)he signed his/her name thereto by like authorily.
Jessica Accone,
Icier Noello Creas
My Chunchu 10200
Esper hone: 20. 2001
1. the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that anuape an oregain% is a true and correct copy of the Power of Allorney executed by said Companies, which is still in full force effective as of January Signed and sealed in Lake Mary, Florida.
1079
Keith D. Dozois, Assistant Vice President
Safety Record Exhibit "C"
The following statements as to safety experience of bidder are submitted with bid, as a part thereof, and the truthfulness and accuracy of information are guaranteed by bidder.
PLEASE PROVIDE THE FOLLOWING SAFETY STATISTICS (FROM YOUR OSHA NO. 200 LOG) FOR THE PAST THREE CALENDAR YEARS FOR THE LOCAL OFFICE MOST LIKELY TO PROVIDE SERVICES TO THE CITY OF RICHMOND.
Note: First aid cases that are not recordable on the OSHA Log should not be included in these calculations.
2019 2018 2017
1. No. of fatalities (Total of Columns 1 and 8). 0.
2. No. of cases involving lost work days/restricted
activity (Total of Columns 2 and 9). 2 4
3. No. of non-lost work day cases (Total of
Columns 6 and 13).
TOTAL OSHA CASES:
4. Total employee hours worked by work force
covered by the OSHA log for each year (field,
supervisory & clerical). Do not include any
non-work time, even though paid. 529,888 462,900 381,018
5. To calculate Total Case Rate, multiply total
OSHA cases for each year times 200,000 and
divide by the total number of employee hours
for the year.
TOTAL RECORDABLE INJURY RATE: 2.26 .864 2.099
6. List your Worker's Compensation Insurance
Experience Modification Rate for each year. 77% 24% 86% P-23
Statement of Safety Program Exhibit "D"
Attach a copy of your firm's safety manual, or, if said manual is voluminous, a statement outlining the key elements and methods of implementing the firm's safety program.
Note: a copy of the safety manual may be required for inspection by the City prior to award of contract.
Indicate which is attached:
- Safety Manual
or
Statement outlining key elements and methods of implementing the firm's safety program. -See Attached for statement and the table of contents to our manual- P-24
POLICY STATEMENT
Ghilotti Bros., Inc. is committed to protecting the health and safety of each employeo, subcontractor, stakeholder, visitor and the general public entering company facilities and fieldwork locations. GBI will make every reasonable effort to do it's best to identify and eliminate both potential and existing hazards, and to eliminate and reduce the number of employee injuries resulting from on the job accidents.
Employees shall be responsible for their personal safety and the well being of co-workers through strict adherence to the rules set forth in this program. Supervisory personnel shall have primary responsibility to assist front-line supervision in recognition, prevention and control of unsafe acts and conditions in the work place. Managers are responsible for safety in their respective departments and the enforcement of company rules and applicable outside regulations regarding safety.
Front line supervision (managers and superintendents) shall monitor each employee's work practices and safety awareness on a daily basis by informal observation. Violation of safety rules and/or procedures shall be considered sufficient reasons for administration of disciplinary action, up to and including termination.
The Company's Safety Committee, headed by Mike Ghilotti, and representing all employees, will meet on a regular basis to discuss relevant safety concerns and formulate recommendations to reduce employee exposure to illness and injury. The committee shall serve to promote and coordinate safety efforts in the work environment.
GBI recognizes that the company and senior management are responsible to advise and assist all levels of line or staff management in matters pertaining to health and safety.
GBI encourages enthusiastic participation of management, supervision and all employees at plant and field locations in its company safety program and remains committed to safeguarding of its people and property.
The policy provisions stated in this policy are applicable to sub-contractors of the company. Violations of these provisions or refusal to cooperate can result in GBl barring sub-contractors from the company facilities or from participating in the company operations.
MichaePon hillelt
Michael M. Ghilotti, President/Treasurer
GRI SAFETY PROGRAMS 2019 6
Table of Contents
1. Safely Policy p. 5
a. Policy Statement p. 6
b. Safety Committee p. 7
C. Safety Responsibilities p. 8
d. Prohibited Conduct p. l
e. Disciplinary Action p. 12
f. Safety Incentive Program p. 14
g. Worker's Compensation p. 14
2. Substance Abuse Prevention Policy p. 16
Substance Abuse Policy p. 17
Substance Abuse Prevention Policy Table of Contents p. 18 c. Statement of Purpose and Policy p. 19
d. Prohibited Behavior p. 20
e. Communication to Employees p. 20
f. Searches p. 21
Drug and Alcohol Prevention Plan Definitions p. 22
h. Drug Testing p. 23
i. Consequences of Failing or Refusing to p. 25
Take a Drug or Alcohol Test
Employee Assistance Program p. 26
• Diug p. 26
1. Drug Testing Laboratory p. 27
m. Medical Review Officer (MRO) p. 27
n. Retention of Samples and Retesting p. 32
o. Training and Education p. 33
p. Record Keeping p. 34
9. Confidentiality p. 35
r. Drug Testing Collection/Submission Procedures p. 35
s. Policy Violations p. 35
t. Employee Acknowledgement [Non-Union Employees] p. 36 i. Employee Acknowledgement [Union Employees] p. 37
v. EXHIBIT A - List of Authorized Personnel p. 38
w. EXHIBIT B - Collection/Submission Procedures p. 39
EXHIBIT C - Five Drug Pane p. 39
. EXHIBIT D - Union Agreement p. 40
z. EXHIBIT E - Public Substance Abuse Hotlines p. 40
Worker Safety Training/ Code of Safe Practices p. 41
GBI Code of Safe Practices Table of Contents p. 42
Safety Policy Statement p. 43
c. Think Safety p. 44
d. Your Own Safely p. 44
e. Batteries p. 44
Fire Prevention p. 45
g. Electrical Safety p. 45
.h. Substance Abuse p. 45
i. Pirst Aid and Medial Control p, 45
GBI SAFETY PROGRAMS 2019
j. Jobsite Safely p. 46
k. Lifting Procedures p. 47
1. Your Work Clothing p. 47
m. Personal Protective Equipment and Clothing p. 47
11. Heat Illness Prevention Program p. 51
0. Housekeeping p. 56
p. Crystalline Silica Work Policy p. 57
Compressor and Ail Tools p. 61
Lock Out Tag Out Procedure p. 61
S. Chemical Worker Safety (GHS) p. 63
Traffic Control p. 66
Welding and Cutting p. 69
v. Cranes p. 70
w. Scaffolding p. 70
x. Hand Tools p. 71
y. Power Tools p. 71
Zu. Accident & Injury Prevention & Reporting p. 72
aa. Safety Meetings p. 72
bb. Reporting Injuries that require Medical Attention p. 73 co. Concrete Work p. 74
dd. Underground Work p. 74
ee. Highway Vehicles p. 76
ff. Project Posting, Access Control, Signs and Barricades p. 77 gg. Asphalt Work p. 78
hh. Ladders p. 78
ii, Barricades (Protective) and Guard Rails p. 78
jj. Equipment p. 79
kk. Rigging Equipment p. 79
Il. Hole Protection p. 80
mm. Fall Protection Procedures p. 80
nn. Confined Spaces p. 83
o0. Material Hoists & Maulifts p. 84
pp. Reporting Minor Injuries/Near Misses that do not require p. 84 Medical Attention
40. Employee Acknowledgement Code of Safe Practices p. 86
4. Worker Health and Safety Programs p. 87
Illness and Injury Prevention Program (LIPP) p. 88
b. Methods/Procedures for correcting unsafe or unhealthy p. 91 conditions/work practices
First Aid Training Program p. 93
d. Cardiopulmonary Resuscitation (CPR) Awareness p. 96
e. Blood borne Pathogens Program p. 99
f. Hearing Conservation Program p. 101
Respiratory Protection Progran p. 103
. Crystalline Silica Work Policy p. 109
Emergency Procedures p. 113
Incident and Accident Reporting Procedures p. 114
b. Injury/First Aid/Treatment Centers p. 114
c. Crisis Management p. 114
Emergency Response and Procedures p. 115
e. Emergency Response and Procedures by Scenario p. 117 f. Appendix 1 - Emergency Telephone List p. 127
GDI SAPETY PROGRANIS 2019 3
6. Hazardous Materials Program p. 128
a.Hazard Communication Program p. 129
b.Hazard Materials Response Program p. 133
7. Driver Safety Program p. 137
a. Policy Statement p. 139
b. Responsibilities p. 140
A. Driver Policies p. 142
B. Driver Training p. 144
C. Vehicle Use Policy p. 145
D. Vehicles Safety Rules . p. 147
E. Vehicle Inspections p. 148
F. Vehicle Maintenance p. 148
G. Emergency Procedures p. 148
H. Driver Complaint Review p. 149
1. Accidents p. 150
J. Appendix p. 153
a. Driver Approval Checklist p. 154
b. Driver Safety Observation Checklist p. 155
c. Vehicle Daily Safety Inspection Checklist p. 157
d. Vehicle Accident Report Kit and Emergency Contact List p. 158 , Vehicle Accident Investigation Repor p. 159
: Motor Vehicle Record Waiver and Driver Safet p. 160
Acknowledgement
GIE SABETY PROGRAMS 2019
Exhibit E- Bidder's Experience /Qualifications
The Bidder represents that it is competent, knowledgeable, has not presented false claims to its past or present clients, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards. The Bidder shall complete the following questionnaire:
In what type of construction does the firm specialize?
Ghilotti Bros., Inc. specializes in Heavy Highway and Street Construction
2. Have officers or principals of the firm ever had their contractor's licenses suspended or revoked? Yes. (Explain on a separate, signed sheet) Nov
List at least 5 subcontractors the firm regularly uses:
PRS, Mountain F. Enterprises, Chrisp Co. Columbia Electric, St. Francis Electric, Mike Brown Electric
4. List of employees from which on-site superintendent would be chosen: Name Position Years w/ firm Years experience
Superintendent Robert Heaton
Superintendent Brian Pace
5. List of employees from which project manager (or project engineer, if they will function as project manager) would be chosen:
Name Position Years w/ firm Years experience
Jason Miniello Project Manager 2 years 14 Years
6. Has firm, owner or affiliated company ever: Yes _No
A. Been unable to obtain a bond or been denied a bond for a contract? NO - B. Defaulted on a contract forcing a Surety to suffer a loss? NO Failed to complete a contract within Time of Completion? NO - D. Ever declared bankruptcy? NO -
E. Been in receivership? NO -
F. Had any arbitration on a contract? NO
G. Are there any outstanding Stop Notices filed against firm? NO - - H. Been sued by a client? NO - -
I. Failed to complete a project for any reason? NO
Explain any Yes answers, with dates of occurrences, on a separate, signed sheet, or in the space below:
P-25
Exhibit E- Bidder's Experience /Qualifications (continued) Provide information on the 5 most recent contracts (excluding those which have not been in construction for at least 2 months): Do not list projects with values less than _$-
Contract Award
Owner Contact Person Phone # Project Name/Description Value Date Awarded **See attached 5 recent contract page
List 3 contracts completed for a public agency in the past three years which are of comparable scope to subject bid:
Agency **See attached project reference sheet
Contact Person
Phone #
Project Name/Description
Contract Award Value
Final Contract Value
Date of Notice to Proceed
Contract Time of Completion working days working days working days Actual Time of Completion working days working days working days Date of Completion
By submitting this bid, Bidder grants City any permission which may be necessary to contact Bidder's past & present clients, whether or not listed above or otherwise disclosed. "City may use its own experience with bidder as basis to determine responsibility of bidder.
P-26
Glilottt Bros,, Inc. Smost recent Contracts
510-215-3069 San Pablo 19/20 Pavenient Repalr Pr.
Sonoma County. Digula Caball $8,683,930,15 5/19/2020
Mycr's and Sons
Construction-
(Cattrans District 4 Marc Vaniden. L916-283-9950 /04-366204 Aiemany Circle $2,252,595.00 2/2/2020 Ghilotti Bros., Inc. Recently Completed Public Project's Location Owner Owner Contact Project Decription Contract Value Completion Dare Solano Co., CA Caltrans Dist 4 Jolie Schneider 510- Cold plane AC pavement and place S5.778,32950 12/18/2018 AC Pave/Vallejo 377-4171 RHMA-D (Friction Course).
Measure B Group 1 Hwy 1 - Larkspur, Ca City of Larkspur Julian Skinner Sawcutting, cold planing demo, S2,996,084.00T 8/13/2019 Pavement Rehab iskinner@cityoflarkspur. HMA, curb ramp, sidewalk, curb forg and gutter, adjust iron, striping,
traffic control, WPCP.
04-254094 Hwy 101, Marin/Sonoma Caltrans Dist. 4 Christopher Blunk Earthwork, Bridgework, Grading. S47,572,824.00 1/30/2020 San Antonio Creek- Counties christopher_blunk@dot./Paving. Underground Realign Hwy & ca.gov
Construct New Bridge
04-4H2004 Repair Napa County 510 Concrete, Earthwork, Grading, $ 15,588,539.00 4/3/2019 Pavement & ADA Grading/Paving. Underground to
(Improvement repair pavement and create ADA
improvements.
2019 Central Region San Anseimo, CA Marin County full with grind, repair base 5982,208.00 9/1/2019 Road Rehab
improvements, safety railing, AC
dike, concrete curb, and pavement
San Pablo Ave. San Pablo, CA City of San Pablo Carol Huang 520-| Construct bike lanes and sidewalks, S5,283,271.00 12/6/2015 Complete Streets 215-3060 traffic signals, retaining walis, roadway widening, traffic control,
WPCP, concrete and asphalt
concrete, electrical and streetlights.
Measure Q, Pavement Concord, CA City of Concord Aldrich Bautista Paving Concrete, HMA, Cold $2,303,652-10 3/22/2019 Repair Projects 5&6 925-571-3028 Plane, Overiay
Ghiloti Bros., inc. Recently Completed Private Project's Chase Center Area San Francisco, CA Mortenson-Clark Christopher Bell Light-Weight Foam-Fill installation, $ 18,060,000.00 9/6/2019 Warriors Stadium 202-570-0362 form work for all surface perimter concrete stairs and walkways. GBI
was called upon to assist in
emergency last minute design
changes.
Facebook classic Mento Park, CA Facebook GC-DPR Tan Cunningham Excavation, Grading, Paving, SA,524,459.00 2/6/2020 Campus 408-857-2600 Underground, Fire Une, Site
improvements
Google Midppint Bidg 2 Mountain View, CA Google GC: XL Matthew Seeberger Demo and Replace Concrete $3,212,424.61 2/10/2020 Warehouse Construction 2408-240-5030 walkways and patios, Replace Concrete Footing throughout
service yard, Place tranch drains,
Grade and Pave parking lot
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the City of Richmond Engineering Department.
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. p-27
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
P-28
NONLOBBYING CERTIFICATION
FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
P-29
N/A
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: Status of Federal Action: 3. Report Type:
a. contract • a bid/offer/aonlication a initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
è. loan guarantee year quarter
f. loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime • subawardee
Tier if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, M address if different from No. 10a) (last name, first name, MI
(attach Continuation Sheets) if necessary)
11. Amount of Payment (check all that apl 13. Type of Payment (check all that ap actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c commission a. cash d. contingent fee
b. in-kind; specify: nature e deferred
value f. other, specify
p-30
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer (s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheets) if necessary)
15. Continuation Sheets) attached:
Yes
16.Information requested through this form is
authorized by Title 31 U.S.C. Section 1352. TI Signature:
disclosure of lobbying reliance was placed by
the tier above when his transaction was madi Print Name:
entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information
be reported to Congress semiannually and w
be available for public inspection. Any perso Telephone No.: Date:
who fails to file the required disclosure shall !
subject to a civil penalty of not less than $10,
and not more than $100,000 for each such
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
D.31
Standard Form LLL Rev. 09-12-97
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.
Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI).
Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply, If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officers) or employee(s) contacted or the officers) employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheets) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90«ENDIF» P-32