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PW Second and Irwin Retaining Wall ProjectCITY OF SAN RAFAEL Department of Public Works 111 Morphew Avenue San Rafael, CA 94901 Public Works Contract for Projects up to $175,000 This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Maggiora & Ghilotti, Inc. ("Contractor"), a corporation authorized to do business in California, for work on the City's Second and Irwin Retaining Wall project (City Project No. 11386) ("Project"), and is effective on /,n d- , 2 VA" Effective Date"). The parties agree as follows: 1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This Project requires a valid California contractor's license for the following classification(s): A 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below: 2.1 Notice Inviting Bids; 2.2 Contract; 2.3 Addenda, if any; 2.4 Exhibit A — Scope of Work; 2.5 Exhibit B — Payment, Performance, and Bid Bonds; 2.6 Exhibit C — Noncollusion Declaration; 2.7 Exhibit D — Bid Schedule; 2.8 Exhibit E — Subcontractor List. 3. Contract Price. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay Contractor $57,775 (the "Contract Price") for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions contained herein. 3.1 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 3 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. 3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor must provide City with a payment bond and a performance bond using the bond forms included in this Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, Second and Irwin Retaining Wall Up to $175,000 Contract City Project #: 11386 Page 1 Approved by City Attorney, dated 02/27/2020 in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract. 4. Time for Completion. Contractor will fully complete the Work within 15 days from the date the City authorizes Contractor to proceed with the Work ("Contract Time"). 5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $500 per day for each day of unexcused delay in completion. 6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor's sole expense, any Work that the City determines is deficient or defective. 7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor's license and a City business license. 8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's acts or omissions with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201. 9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A -VIII or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work. 9.1 Workers' Compensation. Statutory coverage is required by the California Workers' Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis, including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in performing the Work, including Contractor's protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer's non -ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate. 9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired vehicles must provide coverage of at least $2,000,000 combined single limit per accident for bodily injury, death, or property damage. 9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers. Second and Irwin Retaining Wall Up to $175,000 Contract City Project #: 11386 Page 2 Approved by City Attorney, dated 02/27/2020 9.5 Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, "Additional Insured") must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss ("primary and non-contributory"). (4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City's own insurance or self-insurance will be called upon to protect it as a named insured. (5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. 10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. 10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. 10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City. 10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price Second and Irwin Retaining Wall Up to $175,000 Contract City Project #: 11386 Page 3 Approved by City Attorney, dated 02/27/2020 is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. 10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code section 1777.5. 10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000. 11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract." 12. Termination. 12.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City's instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 12.2 Termination for Default. The City may terminate this Contract for cause for any material default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. 13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated by reference. 14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. Second and Irwin Retaining Wall Up to $175,000 Contract City Project #: 11386 Page 4 Approved by City Attorney, dated 02/27/2020 16. Worksite Conditions. 16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must remove and properly dispose of debris and waste materials from the Work site. 16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City. 16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous materials may be used in performance of the Work. 16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104. 17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate set of as -built drawings while the Work is being performed, showing changes from the Work as planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be updated as changes occur, on a daily basis if necessary. 18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 19. Non -Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person. 20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties. 22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable Second and Irwin Retaining Wall Up to $175,000 Contract City Project #: 11386 Page 5 Approved by City Attorney, dated 02/27/2020 overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City: Address: 111 Morphew Street City/State/Zip: San Rafael, CA 94901 Phone: (415) 458-5347 Attn: Shawn Graf, Junior Engineer Email: Shawn. Grafi( cityofsan rafael. org Contractor: Name: Maggiora & Ghilotti, Inc. Address: 555 Dubois Street City/State/Zip: San Rafael, CA 94901 Phone: (415) 459-8640 Attn: Juan Trejo Email: 0uan(a)maggiora-ghilotti.com 23. General Provisions. 23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract. 23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 23.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 23.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Marin County, and no other place. 23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 23.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect. 23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor Second and Irwin Retaining Wall City Project #: 11386 Approved by City Attorney, dated 02/27/2020 Up to $175,000 Contract Page 6 is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] Second and Irwin Retaining Wall Up to $175,000 Contract City Project #: 11386 Page 7 Approved by City Attorney, dated 02/27/2020 The parties agree to this Contract as witnessed by the signatures below: CITY: Approve :�to for.. s/ �/[ �s/ l �( Jim Scity Manage J Robert F. Epstein, City Attorney Date: (Z — 7•' 24 .2,-0 Attest: s/ �?-N�fi Lindsay Lara, City Clerk Date: �� 0 Date: I Z�2�2112a CONTRACTOR: e- BusinesEM' s/ '� Seal. Name/-ritle Date: i i - V -1- S/ -1 S/ O'c'-w�At J Name/Title Date: f (- (q - bow 2,Z(.r,,-7co-7 ol�l /4.1 Contractor's California License Numbers) and Expiration Date(s) Exhibit A: Scope of Work Exhibit B: Bond Forms Exhibit C: Noncollusion Declaration Exhibit D: Bid Schedule Exhibit E: Subcontractor List Second and Irwin Retaining Wall City Project, #: 11386 END OF CONTRACT Approved by City Attorney, dated 02/27/2020 Up to $175,000 Contract Page 8 Exhibit C NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the P.z: N- [title] of kAc-::t>%LA r% [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 11-1rf-?_0Z0 [date], at RL , [city], < ;a [state]. ' a s/ I Name [print] END OF NONCOLLUSION DECLARATION Second and Irwin Retaining Wall Up to $175,000 Contract City Project #: 11386 Noncollusion Declaration Approved by City Attorney, dated 2/27/2020 General Info Total: $57,775.00 Number Description Second and Irwin Retaining The Project is located at the North West corner of Second Street and Irwin Street, and is Wall described as follows: The removal and replacement of an existing retaining wall with a Deadline timber lagged soldier pile wall. 11/05/2020 07:00 PM UTC Zoom Meeting Info for Bid Opening on November 5th, 2020 at 11:00 AM: Public Works is inviting you to a scheduled Zoom meeting. Vendor Maggiora & Ghilotti, Inc. Topic: Second and Irwin Retaining Wall Bid Opening Time: Nov 5, 2020 11:00 AM Pacific Time (US and Canada) Submitted Join Zoom Meeting 11/05/2020 05:34 PM UTC https://zoom.us/j/96532574347 Signed by Meeting ID: 965 3257 4347 Gary Ghilotti Account Holder One tap mobile Maggiora & Ghilotti, Inc. +16699006833„96532574347# US (San Jose) Ghilotti +13462487799„96532574347# US (Houston) Opened Dial by your location 11/05/2020 07:03 PM UTC By +1 669 900 6833 US (San Jose) shawn.graf@cityofsanrafael.org +1 346 248 7799 US (Houston)+1 253 215 8782 US (Tacoma) +1 929 205 6099 US (New York) +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) Meeting ID: 965 3257 4347 Find your local number: https://zoom.us/u/ado6fWHfBP Allows zero unit prices and labor No Allows negative unit prices and labor No ATTACHMENT LIST Notice Inviting Bids.pdf (86.9 KB) Second and Irwin Plans for Bid.pdf (858 KB) 2157.328 Calc Package.pdf (281 KB) Second and Irwin Retaining Wall Specs for Bid 20201019.asd.pdf (1.39 MB) Page 1 of 7 11/06/2020 Addendum 1—Second and Irwin Retaining Wall .pdf (255 KB) Addend um2_Second and Irwin Retaining Wall.pdf (230 KB) BID PROPOSAL ("Bidder") * Maggiora & Ghilotti, Inc hereby submits this Bid Proposal to the City of San Rafael ("City") for the above -referenced project ("Project') in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price ("Base Bid"): $57,775.00 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda (click "+" to add addenda. Type "N/A" if no addenda have been issued): Addendum #:* Addendum Date: * 10/27/2020 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda (click "+" to add addenda. Type "N/A" if no addenda have been issued): 1 Addendum #:* Addendum Date: * 11/02/2020 Page 2 of 7 11/06/2020 3. Bidder's Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder's knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code§ 1104. 3.2 Examination of Project Site. Bidder has had the opportunity to examine the Project site and local conditions at the Project location. 3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder's knowledge. 3.5 Nondiscrimination. In preparing this Bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the "Act"), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents. Page 3 of 7 11/06/2020 This Bid Proposal is hereby submitted on [Date] * 11/05/2020 s/ * Gary Ghilotti Name and Title Gary Ghilotti - President s/ * Scott Ghilotti Name and Title Scott Ghilotti - Vicepresident Company Name * Maggiora & Ghilotti, Inc. License #, Expiration Date, and Class 226767. 03/31/2021. "A" Address * 555 DuBois Street, San Rafael, CA 94901 DIR Registration # 1000007991 City, State, Zip * San Rafael, CA. 94901 Phone * (415)459-8640 Contact Name * Juan Trejo Contact Email juan@maggiora-ghilotti.com END OF BID PROPOSAL Page 4 of 7 11/06/2020 BID SCHEDULE - DIRECTIONS This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance LF = Linear Foot CF = Cubic Feet LS = Lump Sum CY = Cubic Yard SF = Square Feet EA = Each TON = Ton (2000lbs) LB = Pounds BID SCHEDULE Bid Item No. Item Description 1 Mobilization 2 Signs and Traffic Control 3 Soldier Pile Retaining Wall SUBCONTRACTOR LIST - INSTRUCTIONS $57,775.00 Est Qty. Unit Unit Cost Extension 1.00 LS $5,000.00 $5,000.00 1.00 LS $2,775.00 $2.775.00 1.00 LS $50,000.00 $50,000.00 Total: $57,775.00 For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the bidder's total Contract Price,[1] the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. [1] For street or highway construction this requirement applies to any subcontract of $10,000 or more. SUBCONTRACTOR LIST Page 5 of 7 11/06/2020 Description of Subcontractor California Contractor Location of DIR Reg Percent of Work Name License Number Business No. Work NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the President of: * Maggiora & Ghilotti, Inc. the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], * [city] * [state] 11/05/2020 San Rafael CA F,—/I agree that my digital or electronic signature applies to this form Name * Gary Ghilotti Page 6 of 7 11/06/2020 Bid Security As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (select one). Upload a scan of the paper bid security. Within ten calendar days following City's issuance of the Notice of Award to the apparent low bidder, the bidder must submit original hardcopies of the payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. Guarantee Method * Paper Bid Security, Cashier's Check, or Certified Check: Paper Bid Security, Cashier's Check, or Certified Check: Confirmation: * A bid security, using the Bid Security form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California. REQUIRED DOCUMENTS LIST Name Omission Terms Submitted Pile Paper Bid Security, Certified Check, or Cashier's Check I am verifying my bid security electronically. Bid Bond Cornplete.pdf [insert instructions for delivery of wet -ink, original documents] 1 Required Document Page 7 of 7 11/06/2020 Bid Bond Maggiora & Ghilotti, Inc. ("Bidder") has submitted a bid, dated November 3. 12020 ("Bid"), to the City of San Rafael ("City") for work on the Second and Irwin Retaining Wall Project ("Project"). Under this duly executed bid bond ('Bid Bond"), Bidder as Principal and The Ohio Casualty Insurance Company its surety ("Surety"), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents ("Contract Documents"); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business In the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of Califomia using the Performance Bond form included with the Contract Documents; and 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Award. 3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Liberty Mutual / Claims Dept. Address: 1001 4th Avenue Ste 3800 City/State/Zip: Seattle WA 98154 Phone: 206-473-6210 Fax: 866-548-6837 Email: hoscl(o)-libertymutual.com 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845. [Signatures are on the following page.] Second and Irwin Retaining Wall 2020 Form BID BOND City Project No. 11386 Page 16 SR City Attorney Approved 1130/2020 This Bid Bond is entered into and effective on October 29 2020 SURETY: The Ohio Casualty Insurance Company Business Name s/ Jill eymour, Attor y -in -Fact Name, Title October 29, 2020 Date (Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER: Maggiora & Ghilotti, Inc, Business Name s/� October 29, 2020 Date Name, Title END OF BID BOND Second and Irwin Retaining Wall 2020 Form BID BOND City Project No. 11386 Page 17 SR City Attorney Approved 1/30/2020 This Power of Attorney limits the acts of prose named herein, and they have no authority to Libelbind the Company except in the manner and to the extent herein stated. 0, -ty Libel Liberty Mutual Insurance Company mutu'l l The Ohio Casualty Insurance Company Certificate No: 8203258 - 976005 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name constitute and appoint, Tom Griffith, Jenny Hagemann, Paul Ramalici, Biianna Rainatici, Jill Seymour all of the city of Petaluma state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligat ons, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF, this Pourer of Attorney has been subscriber) by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 601 day of March 2020 Liberty Mutual Insurance Company P� INSr/R� P�tV INSUR � INSI/Rq The Ohio Casually Insurance Company aJ °ryPOq'r 4� yJ GORPoq fl 9y GP oRPOggr y West American Insurance Company TI > ,3 Fom Q3 �ocl r° Foncn p y 1 1912 _ rri r o 0 1919 � � 1991 0 � / // // vi Il) �'d, *ss �1`y S� y -cFry Pv' y�0 6 y� ,/Q Ill 0 9CHUS da O NAid?`'� a Y vN01A1tP a l( �{f / C hNd By: 3 David M. Carey, Assistant Secretary u0 rp State of PENNSYLVANIA > aCounty of MONTGOMERY ss M � o0 On this 6th day of \larch , 20-0 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance O - to Company, The Oh o Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes m U) _ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L) LLI na E c 0 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c Q rn O O N 1r p. O M `- �� ,. y '4`� COMMONWEALTH OF PENNSYLVANIA Q'ct do i x, rp Notarial Sear O O ,p Teresa Pastella. Notary PaI)1_ e4 ` (C9 C @ Upper Menon Twp , Montgomery County By: \'kt, My Cnmmissicn Expires Mardi 20.2021- - E eresa Pastella, Notary Public o ru mrm N .•�: Meocr. Pesyivania Association of Notaries I]_ O CThis Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual •L E-s� Insurance Company, and West American Insurance Company which resolutions are now in fall force and effect reading as follows: o (D o � ARTICLE IV- OFFICERS:Sect:on 12 Power ofAtlorney. H Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ffi n cPresident may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely I o > � any and all undertakings, bonds, recognizances and other surety obl,gatrons. Such attorneys -in -fact, subject to the limilal orfs set forth in their respective powers of attorney, shall = N o have full power to bind the Corporation by their signature and execut on of any such instruments and to attach thereto the seal of the Corporation. When so executed. such E CO z instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the Presdenl or by the officer or officers granting such power or authority. o 0 ARTICLE XIII — Execution of Contracts: Section 5. Surely Bonds and Undertakings. L"' Any officer of the Company authorized for that purpose in writing by the chairman or the pres;dent, and subject to such lim rations as the chairman or the president may prescribe, 0— shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -m -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Dav d M Carey, Assistant Secretary to appoint such attorneys -In - fact as may be necessary to act on behalf of the Company to make, execute. seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be Val d and binding upon the Company with the same force and effect as though manually affixed I, Renee C. Llewellyn, the undersigned Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of ,762 INS (!R -SY [Alsoa INSUR J24oaeoq�f�oym QJ�4URPoggrFR9y .GPoDarog4��yn 1912 n 0 1919�n �1991�0 �C YdSSACHUSF'rda yO Nq ldI. day YS �NDIAtIP .sa3 By. Renee C. Llewellyn. Assistant R7) * h� Hyl r ►� R41 * > y Secretary LMS -12873 LMIC OCIC WAIC Multi Co 12r19 ACKNOWLEDGMENT 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 Sonoma On f�ir'r / / 2 r ZQ before personally appeared Jill Seymour Jenny Anne Hagemann - Notary Public (insert name and title of the officer) 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 capacity(ies), 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. 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. alllllllllll 1111111111111111111111111111111111111111111111111111111111111111� JENNY ANNE HAGEMANN COMM. #2156191 = b� Notary Public - California "o ., Sonoma County - B �:•;k?�; •• My Comm Expires Juno 11. 20205 a—uuuuuu•muununnuuunuunnnw:unuunnuuunnuulA "The notary commission extended pursuant Sig natur�1! it Y►l/1+�� (Seal) to Executive Order N-63-20" CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Iman Kayani for SG Extension: 3352 Contractor Name: Maggiora & Ghilotti, Inc. Contractor's Contact: Juan Trejo Contact's Email: juan@maggiora-ghilotti.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 11/12/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org NIKK 2 City Attorney a. Review, revise, and comment on draft agreement 11/13/2020 N LG and return to Project Manager 11/13/2020 N LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 11/13/2020 N BG contractor 4 Project Manager Forward three (3) originals of final agreement to 11/16/2020 N IKK contractor for their signature 5 Project Manager When necessary, contractor -signed agreement N N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. SG PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 12/1/2020 SG Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed �Z/2I20Za n', j�- agreement 8 City Attorney Review and approve insurance in PINS, and bonds 7- /„ (for Public Works Contracts) ` 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and / forwards copies to Project Manager Oa L i