GEYSERS ROAD STO M DAMAGE EPAIR (Cl 1605, C11604 AND …

COUNTY OF SONOMA

DEPARTMENT OF TRANSPORTATION

AND PUBLIC WORKS

(http://www.sonoma-countv.org/tpw)

BID BOOK

FOR CONSTRUCTION OF

GEYSERS ROAD STO M DAMAGE

EPAIR

(Cl 1605, C11604 AND C21602) PM 23.78, 29.77 AND 36.75

COUNTY PROJECT NO. C11605, Cl1604 AND C21602

FEDERAL PROJECT NO. SNCOC08, SNCOC07 AND SNCOC85

FOR USE IN CONNECTION WITH CALTRANS STANDARD SPECIFICATIONS DATED 2015,

STANDARD PLANS DATED 2015, CURRENT GENERAL PREVAILING WAGE RATES AND

LABOR SURCHARGE AND EQUIPMENT RENTAL RA TES.

BID OPENING DATE: 2:00 P.M., SEPTEMBER 15, 2020

ADDENDUM NO. 0 1 2 3 4

http://www.sonoma-countv.org/tpw

BIDDER'S BOOK

TABLE OF CONTENTS

Contents PROPOSAL ....................................................................................................................................................................... I

BID ITEM LIST (PROPOSAL)

LIST OF SUBCONTRACTORS ..................................................................................................................................... IO

......................................................................................................................................... 3

ADDENDUM ACKNOWLEDGMENT ............................................................................................................................ 8

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ...................................................................................... 9

SUBCONTRACTOR PAYMENT DECLARATION ..................................................................................................... 11

PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ................................................................................. 12

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ........................................................................... 13

PUBLIC CONTRACT SECTION 10232 STATEMENT ................................................................................................ 13

NONCOLLUSION AFFIDAVIT ..................................................................................................................................... 14

NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS ................................................................. 15

DEBARMENT AND SUSPENSION CERTIFICATION ............................................................................................... 16

DISCLOSURE OF LOBBYING ACTIVITIES ............................................................................................................... 17

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES ........................ 18

MBE/WBE INFORMATION -GOOD FAITH EFFORTS ........................................................................................... 20

BIDDER'S BOND ........................................................................................................................................................... 23

BIDDER'S BOND - DECLARATION ............................................................................................................................ 24

CONTRACT .................................................................................................................................................................... 25

CONTRACT EXHIBIT "A" ............................................................................................................................................ 31

GUARANTEE ................................................................................................................................................................. 45

CONTRACT BOND- PERFORMANCE ........................................................................................................................ 47

CONTRACT BOND- PAYMENT .................................................................................................................................. 48

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605. Cl 1604 AND C2l602 BB-i August 2020

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PROPOSAL

TO THE BOARD OF SUPERVISORS OF SONOMA COUNTY, SANTA ROSA, CALIFORNIA

(Do Not Detach)

(www.sonoma-countv.org/tpw)

FOR CONSTRUCTION OF

GEYSERS ROAD STORM DAMAGE REP AIR COUNTY PROJECT NO. C11605, C11604 AND C21602

Ghilotti Construction Company, Inc.NAME OF BIDDER:

246 Ghilotti Avenue BUS l NESS ADDRESS:

Santa Rosa, CA 95407CITY, ST A TE, ZIP:

TELEPHONE NO: (707) 585-1221

FAX NO: (707) 585-1601

EMAIL [email protected]=-=--------------------CONTRACTOR LICENSE NO: 644515

LOCATION

The work to be done and referred to herein is in Sonoma County, State of California, of a replacement of fire damaged guardrail on various County Roads and shall be constructed in accordance with the Special Provisions (including the payment of not less than the minimum wage rates set forth therein) and the contract annexed hereto and also in accordance with the Standard Plans, dated 2015, the Standard Specifications, dated 2015, the current General Prevailing Wage Rates according to the California Department of Industrial Relations, and the current issue of the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," on file with the California Department of Industrial Relations (telephone 415 703-4774).

Bids are submitted for the entire work. The total amount of the bid for comparison purposes will be determined on the basis of item price and then the total of the individual items. The total of unit basis items will be determined by extension of the item price bid on the basis of the estimated quantity set forth for the item.

The bidder shall set forth for each item of work, in clearly legible figures, an item price and a total of the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of 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: GEYSERS ROAD STORM DAMAGE REPAIR Cll605.C11604ANDC21602 BB-I August2020

mailto:[email protected]

www.sonoma-countv.org/tpw

(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 often, 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 County of Sonoma'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 County of Sonoma, and that discretion will be exercised in the manner deemed by the County of Sonoma to best protect the public interest in the prompt and economical completion of the work. The decision of the County of Sonoma respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

It is hereby agreed that the undersigned, as bidder, shall furnish a Faithful Performance Bond and a Labor and Materials Bond, each in the amount of one hundred percent ( I 00%) of the total amount of this Proposal, to the County of Sonoma and at no expense to said County, executed by a responsible surety acceptable to said County, in the event that this Proposal is accepted by said County of Sonoma.

If this Proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give the bond in the sum to be determined as aforesaid, with surety satisfactory to the Depaiiment of Transportation and Public Works of Sonoma County, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice that the contract has been awarded, the Department of Transportation and Public Works 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 such security accompanying this Proposal shall operate and the same shall be the property of the County of Sonoma.

The undersigned, as bidder, declares that the only persons or parties interested in the 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 be proposes and agrees if this Proposal is accepted that he will contract with the County of Sonoma, 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 \Vork 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 therefor the following item prices, to wit:

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605. Cl 1604 AND C21602 BB-2 August 2020

BID ITEM LIST {PROPOSAL)

GEYSERS ROAD STORM DAMAGE REPAIR- Cl 1605, Cl 1604 AND C21602

BID ITEM NO.

S/F CODE ITEM DESCRIPTION UNIT QUANT

ITV UNIT

PRICE ITEM TOTAL

1 070030 LEAD COMPLIANCE PLAN LS 1

\Soo ISD 2 080050 PROGRESS SCHEDULE

(CRITICAL PATH METHOD) LS 1

:l <goo d-2?00

3 100100 DEVELOP WATER SUPPLY LS 1

j')oD I;)_oo

4 120090 CONSTRUCTION AREA SIGNS LS 1

04'0D {_p(aoo

5 120100 TRAFFIC CONTROL SYSTEM LS l

<Jooo 8000

6 120101 FLAGGING FA 100000 i loo ooo

7 120152 TEMPORARY PAVEMENT MARKING (TAPE)

SQFT 60 ;lo l2oo

8 120182 PORTABLE DELINEATOR EA 200

75 l5ooo

9 128650 PORTABLE CHANGEABLE MESSAGE SIGN

EA-DY

1200

ss ~lo coo

10 129000 TEMPORARY RAILING (TYPE K) LF 180

lo \Sou 11 130100 JOB SITE MANAGEMENT LS 1

l&O'..D I& ooo 12 130200 PREPARE WATER POLLUTION

CONTROL PLAN LS 1

580 5'60 13 130620 TEMPORARY DRAINAGE INLET

PROTECTION EA 10

3':>o '3Soo

14 130640 TEMPORARY FIBER ROLL LF 2280

LJ 9/d-O

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605, Cl 1604 AND C21602 BB-3 August 2020

15 130710 TEMPORARY CONSTRUCTION ENTRANCE

16 130730 STREET SWEEPING

17 130900 TEMPORARY CONCRETE WASHOUT

18 146002 CONTRACTOR-SUPPLIED BIOLOGIST (LS)

19 160110 TEMPORARY HIGH-VISIBILITY FENCE

20 170103 CLEARING AND GRUBBING (LS)

21 190101 ROADWAY EXCAVATION

22 F 192037 STRUCTURE EXCAVATION (RETAINING WALL)

?~_., F 192049 STRUCTURE EXCAVATION (SOLDIER PILE WALL)

24 F 193013 STRUCTURE BACKFILL (RETAINING WALL)

25 F 193029 STRUCTURE BACKFILL (SOLDIER PILE WALL)

26 F 193116 CONCRETE BACKFILL (SOLDIER PILE WALL)

27 F 193119 LEAN CONCRETE BACKFILL

28 205034 DECOMPOSED GRANITE

29 210270 ROLLED EROSION CONTROL PRODUCT (NETTING)

30 210300 HYDROMULCH

31 260203 CLASS2AGGREGATEBASE (CY)

EA

LS

LS

LS

LF

LS

CY

CY

CY

CY

CY

CY

CY

SQFT

SQFT

SQFT

CY

6

3'5oo d-;{ODD

1

Ylloo 400

1

3oco ~OOD

I

210

L{ ~io 1

ao.:x;v J-0 Soo

1330

\so \149 Soo

783

\ 3v lo\190 223

DL4o 5~SZ-o 430

Js-5 IOC/ lo 5lJ

226

.L\ z.o q'19 2-0

391

2.'5fs \oo ~1 ~

103

\00 10300

60

~o \800

6500

O,lD'M 41..\LO 6500

D. \L\ 9\o 560

\ lo_ 0 29 ta 00

GEYSERS ROAD STORM DAMAGE REPAIR CI 1605. CI 1604 AND C21602 BB-4 August 2020

32 390102A ASPHALT CONCRETE (TYPE A, 1/2" MAX, PG 64-16)

TON 320

;;;_ <2() ooo 33 394002 PLACE ASPHALT CONCRETE

(MISCELLANEOUS AREA) SQYD 12

\~O !lo io 34 394040 PLACE ASPHALT CONCRETE

DIKE (TYPE A) LF 480

\5 1 d-60

35 398300 REMOVE BASE AND SURFACING

CY 15

iso lllSO 36 460210 GROUND ANCHOR

(SUB HORIZONTAL) EA 41

5L,o0 Jact /JJ

37 F 47501 lA RETAINING WALL (MODULAR BLOCK)

LS I

lX_DOOO :;)_o OC) u

38 490310 STEEL SOLDIER PILE (HP 12 X 53)

LF 3178

30 q5340 39 490409 42" DRILLED HOLE LF 1408

2-50 '3':>2000

40 490603 24" CAST-IN-DRILLED-HOLE CONCRETE PILING

LF 847

d50 ;;iu -rs-o 41 F 510060 STRUCTURAL CONCRETE,

RETAINING WALL CY 244

\400 3'-\ \ Lo 00

42 F 510094A STRUCTURAL CONCRETE, DRAINAGE INLET

EA l

CSaou Sooo

43 F 515004A PRECAST CONCRETE LAGGING SQFT 2804

'10 l9(oJiC)

44 F 520103 BAR REINFORCING STEEL (RETAINING WALL)

LB 24635 \. io l\L\ ?>L\J

45 590120 CLEAN AND P A!NT STEEL SOLDIER PILING

LS I

\loooo \lo oou 46 600021 REMOVE RETAINING WALL (LS) LS I

1!251)00 (/:) ooo

47 600027A REMOVE STEEL SHEET PILING (PORTION) (LS)

LS I

f}.ooov d-t)OoO

48 665011 12" CORRUGATED STEEL PIPE (0.064" THICK)

LF 37

~'50 ld-CiSb




51 68041 l 12" PERFORATED STEEL PIPE UNDERDRAIN (0.064" THICK)

52 691900 FLUME DOWNDRAIN

53 692001 ENTRANCE TAPER

54 692101 TAPERED INLET

55 700637 36" CORRUGATED STEEL PIPE INLET (.064" THICK)

56 703233 GRATED LINE DRAIN

57 F 721015 ROCK SLOPE PROTECTION (LIGHT, METHOD B) (CY)

58 729012 ROCK SLOPE PROTECTION FABRIC (CLASS 10)

59 F 750001 MISCELLANEOUS IRON AND STEEL

60 750008 FRAME AND COVER

61 820250 REMOVE ROADSIDE SIGN

62 832006 MIDWEST GUARDRAIL SYSTEM (STEEL POST)

63 F 833085 PIPE HANDRAJLING

64 839539 TERMINAL SYSTEM (TYPE Sl<T)

65 839607A CRASH CUSHION (SHORTRACC)

LF

LF

LF

LF

EA

EA

LF

LF

CY

SQYD

LB

EA

EA

LF

LF

EA

EA

8

\4oo ll cioo 110

Yoo L\Y oou 300

i:l-u -~loooo

JO

~5D is-oo

1

·joo 3oO

1

;).oDO -;;}_ 000

31

\000 ?;\000

180

\7S ~\ Sl)O

7 70 f) 4Cioo

17

J.. 34 1030

lo (p I 8 0

4

,asv '3000

2

\ '?:>o Z<.uo 340

~o \OLCO

25

\So 37So 4

LI 200 11.9 ioo 2

aoooo Lfo ooo


66 F 839740A CALIFORNIA ST-75 BRIDGE RAIL

67 840501 THERMOPLASTIC TRAFFIC STRIPE

68 999990 MOBILIZATION

69 999998 GUARANTEE

LF 180

LF 1350

LS

LS

8'I

333000

100 TOTAL


ADDENDUM ACKNOWLEDGMENT

Bidder acknowledges receipt of the following addenda, which are to become part of the Plans, Special Provisions and Estimate:

Addendum No.: 1 Date: 8/18/20

Addendum No.: 2 Date: 8/21/20

Addendum No.: :3 Date:

Addendum No.: Date:

Addendum No.: Date:

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605. Cl 1604 AND C21602 B13-8 August 2020

(THE BIDDER'S EXECU11ON ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND £-XECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The bidder, Ghilotti Construction Company, Inc.

proposed subcontractor ______________________hereby certifies that they haveE have not__, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, they have 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) (I)), 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-I) 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.

GEYSERS ROAD STOR!'v! DAMAGE REPAIR Cl 1605. Cl 1604 AND C2l602 BB-9 August 2020

LIST OF SUBCONTRACTORS

In accordance with the provisions of Section 4104 to 4113, inclusive ofthe Public Contract Code, each bidder shall list below the name and location of place of business of each subcontractor who will perform a portion of that contract work in an amount ill' excess of one-half of the one per-cent of the total bid or $10,000, whichever is greater. (Note: Bidder's attention is directed to Section 5-1.30 "Subcontracting," of the Special Provisions in completing this form.)

Complete columns 1, 2, 3, 4, and 5 and submit with the bid. Failure to provide complete information in columns 1 through 5 within the time specified may result in a nonresponsive bid.

•• )

/ Subcontr-acfo:r ' · · Busin_~tNa~e · ..:_- ancl Lo.cation.

•. •1

' • ~<

_: ·subcontractor:. · License · ·

.. ·Number· '. -:_;.

· Bid Item Number

(s)

Percentage of Bid Item

Subco~tracted

· · · · D~~ffption of~·:'-.·. ~Subcontra.cted··wo,~~~ . ·

.,•. .., ~· ~ , .

Pacific Coast Drilling

Company, Inc.

Santa Rosa, CA

539855

DIR#

1000001271

39

40

25%

18%

42" Drilled Hole

24" CIDH Concrete Piling

Tyrrell Resources, Inc

Truckee, CA

. 938998

DIR# 1000007965

20 100% Clearing & Grubbing

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605, Cl 1604 AND C21602 BB-10 August2020


In accordance with the provisions ofSection 4104 to 4113, inclusive of the Public Contract Code, each bidder shall list below the name and location of place of business ofeach subcontractor who will perform a portion of that contract work in an amount in excess of one-half of the one per-cent of the total bid or $10,000, whichever is greater. (Note: Bidder's attention is directed to Section 5-1.30 "Subcontracting," of the Special Provisions in completing this form.) ·


::· 9.0LU1YIN 2 , ,. '

·subcontr'act9f . ·-subcontractor · · ,-: .' 'Li~ens~ '- ,.Business Nam~

· · ·and Location ?Number ·:.:· •'', .~- •~ .. ·:~-, ,:

COLUMN.3

Bid'Jtem Number ··

(s) ..

COLUMN 4. . .

Percentage-of, ;Bid.Item

·subcon:tra<;:ted

·· ·.. COLUMNS···· ...

..Uescr.iption of ... ·· Subco~~iact~d Worli· ..

Hillside Drilling, Inc. 478991

Anderson, CA DIR#

1000002589

PC & N Construction, 771652

Inc. DIR#

Byron, CA 1000002500

36

62

64

65

100%

100%

100%

100%

Ground Anchor

Midwest Guardrail System

Terminal System

Crash Cushion

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605, Cl1604 AND C21602 BB-10 August 2020


In accordance with the provisions of Section 4104 to 4113, inclusive of the Public Contract Code, each bidder shall list below the name and location of place of business ofeach subcontractor who will perform a portion of that contract work in an amount in excess ofone-half of the one per-cent ofthe total bid or $10,000, whichever is greater. (Note: Bidder's attention is directed to Section 5-1.30 "Subcontracting," of the Special Provisions in completing this form.)


CpltiPM:N:l .. ~ ...

~ :t-•'

.:. . s·ubcontraefor.: ;- ' Busin~~:Na~e. . ·and ·Lotation. .. ~ ·, . ... .

."COLUMN 2: . . ~ .. ' . ; ~ -- ~ .:

.. -. ~ . '

. ·;S'ubcontr~ctoi: ,•; ,, License-. :: . '

··: .Number'·,,,,~. ' ~ ' ..

COLUMN 3 ' .

Bid Item. Number.

(s\:

COLp:MN 4

Perce~tage of . Bidftein.

Subcontr~~t~d :

. ' .;,,_

. . . l)es~r(pt,ion of, : · ,·_•: . · Subc9iltr~cted Wor.k_.-

-.. : . · ; ·-. ::.. · ~-, .. : •.• .. -.· ... ~ ;, . . ~··~. .. ' ..

P C & N Construction,

Inc.

Byron, CA

Camblin Steel

Service, Inc.

Rocklin, CA

771652

DIR#

1000002500

218839

DIR#

1000003852

66

40

44

100%

14%

100%

California ST-75 Bridge Rail

24" CIDH Concrete Piling

Rebar

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605, Cl 1604 AND C21602 BB-10 August2020

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Sonoma County Department of Transportation and Public Works SUBCONTRACTOR PAYMENT DECLARATION

This form must be completed and submitted by the Prime Consultant/Contractor for all subcontractors/subconsultants, vendors, and joint venture partners with every invoice submitted to the Sonoma County TPW. Failure to submit all required information may lead to partial withholding of incremental or progress payment.

Contract Title:

Date: Prime:

Invoice Date: Invoice No.:

For the Period Total Invoice Amount:

Subcontractor/ Vendor/JV

DBE/SBE (Y/N)

Business Address Payment Sent to

Amount Paid Payment Date

Check Number

Total Amount Paid to Subconsultants (this Pav Period):

I/We declare under penalty of perjury under the laws of the State of California that the above information is complete and that the tabulated amounts paid to date are accurate and correct.

Signature of Contact Person Date

Print Name, Title Phone

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605, Cl 1604 AND C21602 BB-I I August 2020

PUBLIC CONTRACT CODE SECTION 10285.l STATEMENT

In accordance 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 X

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 pminer, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The Bidder must place a check mark 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 accordance with Public Contract Code Section I 0162, the Bidder shall complete, under penalty of pe1jury, 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 X

If the answer is yes, explain the circumstances in the following space.

PUBLIC CONTRACT SECTION 10232 STATEMENT

In accordance with Public Contract Code Section l 0232, 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.



NONCOLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

To the COUNTY of SONOMA DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS.

In accordance 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.


GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605, CI 1604 AND C21602 BB-14 August 2020

NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS

The prospective participant cettifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

(I) 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.

(2) 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 accordance 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 ce1tification 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 sub recipients shall certify and disclose accordingly.

GEYSERS ROAD STORM DAMAGE REPAIR CI 1605. Cl 1604 AND C21602 BB-15 August 2020

DEBARMENT AND SUSPENSION CERTIFICATION

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of pe1jury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:

• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

• 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.

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605. Cl 1604 AND C2!602 BB-16 August 2020

DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

3. Report Type: __a. initial filingb. material change

For lVlaterial Change Only: Year __Quarter __Dale of Last Report

2. Status of Federal Action:

--

a. bid/offer/application

b. initial award c. post-award

l. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance

4. Name and Address of Reporting Entity: Prime

Subawardee

Tier, if kno\\11:

Congressional District, ifknown:

5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Congressional District, if known:

7. Federal Program Name/Description:

CFDA Number, if applicable:

6. Federal Department/Agency:

8. Federal Action Number, ifknmm: 9. Award Amount, ifknovm: $

IO. a. Name and Address of Lobbying Entity: IO. b. Individuals Performing Services (including address if different from No. (last name, first name, Ml) 10,a)

NO LOBBYING ACTIVITIES!

(Attach Continuation Sheet(s) SF-LLL-A lfNeccssarv) (if individual. last name, first name, middle) 13. Type of payment (check all that apply):

a. retainer

b. one-time fee

c. commission-

d. contingent fee ---

e. deferred

_ [ other; specify:

11. Amount of Payment (check all that apply):

$ Actual

$ Planned

12. Form of Payment (check all that apply):

- a. cash

_ b. in-kind; specify:

Nature

Actual

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or mcmber(s) contracted for Payment indicated in Item 11:

(Attach Continuation Sheet(s) SF-~,nccessary) ( n 15. Are Continuation Sheet(s) SF-LLL-A Attached: Yes-+ (Number\ ) J'liQ,,;;::;::- Vi ;';

~

m #Signature':_...~ , 1 I :,,~~& ~z.,..A_,,_4i '16. Information requested through this form is authorized by Title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact npon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 lJ.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than S10,000 and not more than Sl00,000 for each such failure.

Print Name: Thomas Smith

Vice President of EstimatingTitle:

Telephone: (707) 585-1221

Date: g~~s\w


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.

3. 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.

4. Enter the full name, address, city, State and zip code of the repotiing 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 sub award recipient. Identify the tier of the sub awardees, e.g., the first sub awardees of the prime is the first tier. Sub awards include but are not limited to subcontracts, sub grants and contract awards under grants.

5. If the organization filing the repo1i in Item 4 checks "Sub awardees" 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.

7. 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.

8. Enter the most appropriate federal identifying number available for the federal action identification in item I (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."

9. 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.

I 0. ( 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 (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item I 0). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change repott, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). 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(es). 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 officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public repo1ting 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.

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605. CJ 1604 AND C21602 BB-19 August 2020

To be submitted as instructed in Add #4

MBE/WBE INFORMATION -GOOD FAITH EFFORTS

Project No. SNCOC08, SNCOC07, SNCOC85 Bid Opening Date __91_1_51_2_0_____

The information provided herein shows that a good faith effort was made to procure the services of Minority and Women's Business Enterprises, following the affirmative steps defined in 2 CFR 200.321.

Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts.

If subcontractors are proposed to be employed as part of this contract, Contractor must complete the information below. If no subcontractors are included in this bid, complete this form by writing "NA" in response to each section. In both cases this form must be submitted with all bid documents. Bid documents submitted without this form will be rejected as unresponsive.

1. The names and dates of written notices sent to certified MBE/WBE's soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the MBE/WBE's were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of MBE/WBE's Solicited Date of Initial Solicitation Follow Up Methods and Dates

2. The names and dates of each publication in which a request for MBE/WBE pmiicipation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement

The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons for the bidder's rejection of the DB Es, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each MBE/WBE if the selected firm is not a MBE/WBE:

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605, CI 1604 AND C21602 BB-20 August 2020

Names, addresses and phone numbers ofrejected MBE/WBE's and the reasons for the bidder's rejection of the MBE/WBE's:

Names, addresses and phone numbers of firms selected for the work above:

3. The items of work which the bidder made available to MBE/WBE firms including, where appropriate,

any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation. It is the

bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was made available to DBE firms.

Bidder Normally Performs Item (YIN)

Breakdown of Items

Percentage of Contract Items of Work Amount($)

4. Efforts made to assist interested MBE/WBE's in obtaining bonding, lines of credit or insurance, and any

technical assistance or information related to the plans, specifications and requirements for the work which was provided to MBE/WBE's:


Efforts made to assist interested MBE/WBE's in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate:

5. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting

and using MBE/WBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results

Any additional data to suppo1t a demonstration of good faith efforts (use additional sheets if necessary):

NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605. Cl 1604 AND C:21602 BB-22 August 2020

BIDDER'S BOND

Accompanying this Bid is ____B_id_d_e_r'_s_B_o_n_d_____________in amount equal to at least ten percent of the total of the bid.

(Notice: Insert the words "Cash($___~," "Cashier's Check," "Certified Check," or "Bidder's Bond," as the case may be.)

The names of all persons interested in the foregoing proposal as principals are as follows:

Ghilotti Construction Company, Inc.

Richard W. Ghilotti - President Brian 0ngaro - Senior Vice President

IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

Ghilotti Construction Company, Inc.

Richard W. Ghilotti - President, Treasurer

Stacy L. Magill - Secretary

Ali Yazdi - GM

Licensed in accordance with an act providing for the registration of Contractors, and Section 7028.15 of the Business and Professions Code, License No. 644515 Expiration Date: _5_/_3_1/_2_2_____

By my signature on this proposal I certify, under penalty of perjury, that the forgoing Public Contract Code Sections 10162 questionnaire and I0232 statement and the Title 23 United States Code, Section 112 NonCollusion Affidavit, and the representations made in connection with Section 7028.15 of the Business and Professions Code 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.)

Thomas Smith, Vice Presiident of Estimatingr~ Name, Title

9/15/20 Li,Jt~ Date Signature of Bidder

Business Address: 246 Ghilotti Avenue, Santa Rosa, CA 95407

Place of Business: Santa Rosa, CA

Place of Residence: San Rafael, CA - President

GEYSERS ROAD STORM DAMAGE REP AIR Cl 1605. Cl 1604 AND C21602 BB-23 August 2020

Corporate Resolution to Execute Proposals

Resolved that this Corporation, Ghilotti Construction Company, hereby approves and appoints Richard W. Ghilotti, President and Treasurer of Ghilotti Construction Cr:)mpany, Brian Ongaro, Senior Vice President of Ghilotti Construction Company, Ali Yazdi, Executive Vice President of Public Works and Chief Operating Officer ofGhilo:ti Construction Company, Stacy L. Magill, Executive Vice President of Finance and Secretary of Ghilotti Construction Company and Thomas Smith, Vice President of Estimating of Ghilotti Construction Company for the purpose of executing in the name of this corporation, any and all bid documents and Bidder's Bonds.

Resolved further, that any and all actions taken by Richard W. Ghilotti, Brian O2:garo, Ali Y azdi, Stacy L. Magill and Thomas Smith in executing said bid documents and Bidder's Bonds be, and they hereby are, ratified and approved, and all such Proposals and bonds and documents are hereby adopted as binding obligations of this corporation.

I, Stacy L. Magil.I, Secretary of Ghilotti Constl'uction Com.pany, a corporation · incorporated under the laws the State of California, do hereby certify thatthe foregolng is a full, true and correct copy of resolutions of the Board of Directors of the said corporation, duly and regularly passed and adopted at a special meeting of Board of Directors of the said corporation which was duly and regularly called and held in all respects as required by law, and by the bylaws of the said corporation, at the office thereof on the 2nd day of November, 2004, at which special meeting a majority of the board of Directors of the said corporations was present and voted in favor of said resolutions.

IN WITNESS WHEREOF, I have hereto set my hand as such Secretary and affixed the corporate seal of the said corporation, this 1t 11 day of January, 2020.

- Engineering Contractor -

246 GHILOTTl AVENUE• SANTA ROSA, CA 95407 • 707-585-1221 • FAX: 707-585-0129 www.ghilotti.com

STATE CONTRACTORS LICENSE #644515

www.ghilotti.com

BIDDER'S BOND M DECLARATION

KNOW ALL MEN BY THESE PRESENTS,

That we, Ghilotti Construction Company, Inc. as PRINCIPAL, and Liberty Mutual Insurance Company as SURETY, are held and firmly bound unto the County of Sonoma in the penal sum ofTEN PERCENT ( I 0%) OF THE TOT AL AMOUNT OF THE BID ofthe Principal above named, submitted by said Principal to the County of Sonoma for work described below, for the payment of which sum in lawful money ofthe United States, well and truly to be made, to the County ofSonoma, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability ofthe surety hereunder exceed the sum of$Ten Percent of Total Amount Bid

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:

WHEREAS, the Principal has submitted the above-mentioned bid to the County of Sonoma as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at Santa Rosa, California, for

GEYSERS ROAD STORM DAMAGE REPAIR (CU605, C11604 AND C21602)

NOW THEREFORE, if the aforesaid Principal is awarded a contract and, within the time and in the 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 County of Sonoma, 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 remain in full force and virtue.•

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____8_th______day of September 2020 A.D.

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605, CI 1604 AND C21602

SEAL

SEAL

Thomas Srrdth (SEAL)

Principal

Liberty Mutual Insurance Company (SEAL)

>"' . :::> '(SEAL)

!3ona··G;a Buschmann, Attorney in Fact (SEAL) Surety

_17_5_B_e_rk_e_le___y_S_t._,_B_os_to_n_,_M_A_02_1_1_6___ (SEAL) Address

BB-24 August2020

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 1County of P acer

On SEPTEMBER 8, 2020 before me Jana B. Pilgard, Notary Public'-------------------

(insert name and title of the officer)

personally appeared Dona Lisa Buschmann 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

~~(/4/7Signature ~ (._ t£!I/ (Seal)

This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Mutual Insurance Company The Ohio Casualty Insurance Company

West American Insurance Company Certificate No: 8200942-977442

SURETY

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 State of New Hampshire, that Liberty Mutual Insurance Company is a co!poration 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 Julie A. Shiroma, Stephen D. Bender, Dona Lisa Buschmann, J. Buschmann, Edward D. Johnson, Robert D. Laux, Jana B. Pilgard, Kathy Rangel

all of the city of Sacmmento state of California 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 beha~ as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, 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 Power of Attorney has been subscribed by an authorized officer or official of the Companies and the colJ)orate seals of the Companies have been affixed thereto this ~ day of April , 20 I 9 .

Liberty Mutual Insurance Company The Ohio Casualty Insurance Company

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By: ~ David M. Carey, Assistant Secretary

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State of PENNSYLVANIA ss County of MONTGOMERY

On this 18th day of April , 2019 before me personally appeared David M. Carey, who acknowledged himse~ to be the Assistant Secretary of Liberly Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the colJ)orations by himself as a duly authorized officer.

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.

'

<r<v;aiin,i,?x'( COMMONWEALTH OF PENNSYLVANIA

Mnn!nonmrvCm111ts

'ii,,.i,i;;y.;;;;;;;iwi;~,m;;;i;;:;;;,;iNOL~

rlf:: .. ' J} + ,ti By: ~ ~

Teresa Pastella, Notary Public

This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:

ARTICLE IV-OFFICERS: Section 12. Power of Attorney. 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 President 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 surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the ColJ)oration. When so executed, such 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 President or by the officer or officers granting such power or authority.

ARTICLE XIII - Execution of Contracts: Section 5. Surely Bonds and Undertakings. Any officer of the Company authorized for that pu!pose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, 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 surety obligations. Such attorneys-in-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 instrumenls 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 David M. Carey, Assistant Secretary to appoint such attorneys-infact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety 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 valid 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 8th day of September , 2020 .

~~ By:~L.~~~~~~~--------

Renee C. Llewellyn, Assistant Secretary

LMS-12873 LMIC OCIC WAIC Multi Co_062018

COUNTY OF SONOMA

ADDENDUM NO. 01

SUBJECT: Addendum Number 1 to Bid No. SC00-0000001147

Bid for Construction of Geysers Road Storm Damage Repair

DATE: 08-18-2020

This addendum is issued to furnish information that is supplemental to, will clarify, or modify the

above-referenced solicitation.

CLARIFICATIONS: The plan set was inadvertently removed from the posting. It is available now

on the Supplier Portal.

All other terms and conditions of bid No. SC00l-0000001147 remain unchanged.

Please sign and date below as acknowledgment of receipt of Addendum No. 01 and include with your submittal.

. · Vice President of EstimatingThoPrinted Name: -----"--'--"""'-.......,_......._""-'=-'-''-'-'--"-'---'--------------------

Firm: _____G_Hi_LO_T_Tf_____c__coc...:..:i=,P-=-=-1i1='\lY,____________

08/29/2016

COUNTY OF SONOMA

ADDENDUM NO. 02



DATE: 08-21-2020



SUPPLEMENTAL INFORMATION: Supplemental materials can be found at the following link:

https://files.sonoma-county.org/link/aQdyEh5yGx8/

All other terms and conditions of bid No. SCOOl-0000001147 remain unchanged.


Thomas Smith Vice President of EstimatingPrinted Name: ___________________________

Firm: ________G_HI_LO_TT_I_CO_N_ST_R_UC_TI_O_N_CO_fl_iP._~i',_fi'______

08/29/2016

https://files.sonoma-county.org/link/aQdyEh5yGx8

COUNTY OF SONOMA

ADDENDUM NO. 03



DATE: 08-28-2020



MODIFICATIONS: Updated plans have been posted.

All other terms and conditions of bid No. SC00l-0000001147 remain unchanged.


Signature and Date: -"""=+-<!'-4--i,,U;!-~.;;;__--_....""-"--"'-"'-"'-'-"---------1,-1,,.,C:,.c_½--'-=----

Printed Name: _____T_,h_,_o_m_a_s_S_m_,_it_.h_,__V_i_c_e_P_r_es_i_d_e_n_t_o_f_E_s_ti_m_a_t_in-g~

08/29/2016

COUNTY OF SONOMA

ADDENDUM NO. 04



DATE: 09-01-2020

This addendum is issued to furnish information that is supplemental to, will clarify, or modify

the above-referenced solicitation.

I. TECHNICAL QUESTIONS/CLARIFICATIONS: Please see attached.

II. PLAN SHEET CHANGES: Please see attached.

All other terms and conditions of bid No. SC00-0000001147 remain unchanged.


Printed Name: Thomas Smith Vice President of Estimating

Firm: ______G_H_IL_O_r_,I_C_O_Nv_q_R_U_C!_,fO_N_'_________

Geysers Road Addendum No. TECHNICAL QUESTIONS/CLARIFICATIONS

The Notice to Bidders states: "The Contractor shall possess a Class A license at the time of bid submittal. At the time the contract is awarded the Contractor shall possess a Class A license with a hazardous substance removal certificate." This project does not appear to have hazardous waste removal as a major item of work.

Change the following in the Notice to Bidders, page NTB2:

Delete the paragraph: "At the time the contract is awarded, the Contractor shall possess a Class

A license with a hazardous substance removal certificate. The Contractor shall possess a Class A

license at the time of bid submittal" and replace said paragraph with:

"The Contractor shall possess: a Class A license at the time of bid submittal and at the time of

award. Also, the Contractor shall either possess a hazardous substance removal certificate at the

time of bid submittal, or the Contractor shall have a listed subcontractor, so licensed and

certified, designated to perform the hazardous substance removal work requiring the additional

license and certificate."

Can you confirm that the county does not have a scheduled pre-bid for this project?

There is no pre-bid scheduled.

Are there any union requirements?

There are no union requirements; however, there are prevailing wage requirements in the Notice

to Bidders.

Section 2-1.330(2) specifies the requirements for MBE/WBE Good Faith Efforts. Is there an

MBE/WBE percentage goal for this project?

There is no set percentage goal. Bidders should follow the 5 affirmative steps to ensure MBE/WBE

subcontractors are given full opportunity to participate.

Regarding the Clean and Paint Soldier Pile scope and the details shown on Drawing S-4, can you

clarify the length of coating for the Undercoat portion?

Apply the Undercoat to all pile surfaces as designated in the detail "Clean and Paint Steel Soldier

Pile" on sheet 31 of 41. That means full length of the pile.

Are the Soldier Pile to be Undercoated on all pile surfaces, full length (100%) OR from top of

pile to 5' below the transition elevation?

Yes, all surfaces and full length.

The Clean and Paint Steel Soldier Pile Detail shows that the Undercoat is all surfaces, typ and

the Finish Coats are the exposed surfaces from top of pile to 5' below FG.

Apply the Finish Coats to the three exposed pile surfaces from top of pile to 5 feet below FG as

designated in the detail "Clean and Paint Steel Soldier Pile" on sheet 31 of 41.

Whereas the Limits of Payment Soldier Pile Detail only details that the Clean and Paint scope

is 5' below the transition elevation.

5' below finish grade is the correct limit.

Will the County change the GFE submission requirement to after the bid date and to only the

low 3 bidders?

Yes.

On BB-20 of the Bid Book it says that the "lowest, second lowest and third lowest bidders shall

submit the following information to document adequate good faith efforts." Please clarify

when the 3 low bidder's need to turn in their Good Faith Efforts.

24 hours after bid opening.

Can you please clarify the drainage items and quantities?

See Addendum No. 03 for the July 29, 2020 plan set.

Site B- DS2 calls for 8" perforated and CSP, and there are no bid items.

All 8" pipe was replaced with 12" pipe in the July 29, 2020 plan set. See Addendum No. 03 for this

plan set.

There appears to be ~G4If total of 18" CSP listed for Site A- DS1-e & Site B- DS1b. Bid Item 50-

18"CSP has 110 If.

There is 37.8 LF on site A and 66 LF' on site B. The Rounded Quantity is 110 LF. See Addendum

No. 03 for this plan set.

There appears to be ~2141f total of 12" perforated listed for Site A- DS1-a&c. Bid Item 51-12"

Perforated CSP has 300 If.

The 8" pipe was changed to 12" in the July 29, 2020 plan set. The quantities match. See

Addendum No. 03 for this plan set.

Section 13 discusses water sampling. In what bid item will sampling be compensated?

Should sampling be required, the cost will be covered under Prepare Water Pollution Control

Plan. Sampling should not be required unless you satisfy one of the criteria in the 1st paragraph

of section 13-1.01D(S)(b) Water Quality and Sampling analysis.

Is there an equivalent wide flange beam that we can use for the walls at A and Bin place of H

beam?

You may use W 12x53 as an alternative to HP 12x53 as designated on the plans. Steel for the W

12x53 section will be either ASTM A992 or as designated on the plans.

Item 6 Flagging has a quantity of 100,000 but no cost listed and per section 2-1.32 "Bid Price for Flagging" says that there should be cost listed. Will this be revised in an addendum?

Flagging is paid at Force Account per section 9-1.04 of the Standard Specifications. The estimated

cost is $100,000 however, reimbursement will be made on a strict time and materials basis, there

is no guaranteed maximum.

Clarifications

Bid Item No. 18 Contractor-Supplied Biologist (LS) is deleted. You should put in a unit cost of $0

and the item total should be zero.

In this Addendum No. 04 is the list of plan changes from the June 30, 2020 plan set (Addendum

No. 01) to the July 29, 2020 plan set (Addendum No. 03).

Geysers Road Storm Damage Repair

Plan Sheet Changes from June 30, 2020 set to July 29, 2020 set (Addendum No. 03)

Sheet No. Changes

1 of41 Signature dates

2 of41 Superelevations refer to Note 1. Note 2 changed. Note 3 added.

3 of41 Superelevations refer to Note 1. Note 2 changed. Note 3 added. 8" Perforated Steel Pipe Underdrain to 12" Perforated Steel Pipe Underdrain. HP dimensions changed.

4 of41 Superelevations refer to Note I. Note 2 changed. Grading between Access road and roadway updated. ES dimensions changed to varies. Crash Cushion to Crash Cushion (SHORTRACC) or Approved Equal. Block Wall to Retaining Wall (Modular Block).

5 of41 Notes updated. Hinge point identified and width modified. Terminal System callouts clarified.

6 of 41 Notes updated. Hinge point identified and width modified.

7 of41 Access road clarified and updated. Crash Cushion to Crash Cushion (SHORTRACC) or Approved Equal. Concrete Steps to Modular block Steps. Retaining Wall (Masonry Wall) to Retaining Wall (Modular Block). Begin and end Striping added.

8 of41 Grade Break Information added. +/- in proposed callouts removed.

9 of41 Grade Break Information added. Significant stations on Superelevation added. End station clarified.

10 of41 1.67% To 1.70%. +/- in proposed callouts removed.

I 1 of41 Begin Steel Pipe Handrail added. Proposed Contours added. Handrail to Profile added. Information to Steel Pipe Handrail Detail added. Crash Cushion to Crash Cushion (SHORTRACC) or Approved Equal. DG removed from profile. FG clarified and updated. Block Wall to Retaining Wall (Modular Block).

12 of41 Quantities Rounded.

13of41 Quantities Rounded.

14 of41 Quantities Rounded.

15 of41 Identified Drainage Inlets as 36" Corrugated Steel Pipe Inlet. Added RSP Dimensions. Add Place AC (Miscellaneous Area).

16of41 Added Notes 1 and 2. Identified Drainage Inlets as 36" Corrugated Steel Pipe Inlet. Added RSP Dimensions. 8" Perforated Steel Pipe Underdrain to 12" Perforated Steel Pipe Underdrain. 8" CSP to 12" CSP. AC (Miscellaneous Area) to Place AC (Miscellaneous Area).

17 of41 Added Notes 1, 2, and 3. Added Grated Line Drain Trench Detail. Modify SD MH To Exist SD MH. G 1 DI identified as Minor Concrete, Drainage Inlet.


Sheet No. Changes

18 of41 RSP To RSP (Light, Method B). Added RSP Fabric. RSP Updated with dimensions. Added Miscellaneous Iron and Steel and trash rack. Drainage Items band d heights modified. Pipe Slopes Updated.

19 of41 RSP to RSP (Light, Method B). Added RSP Fabric. RSP Updated with dimensions. Added Miscellaneous Iron and Steel and trash rack. Drainage system 2, unit c & e 8" Perforated Steel Pipe Underdrain to 12" Perforated Steel Pipe Underdrain. Drainage system 1 unit a height modified. Drainage system 2 unit f height modified. Drainage System 2, unit b - 8" CSP to 12" CSP. Pipe Slopes Updated. Drainage system 2 unit g updated.

20 of41 Note 2 changed. Drainage System l unit b height modified. Added Miscellaneous Iron and Steel. FL to Grated Line Drain FL.

21 of 41 HMA (Miscellaneous Area) to AC (Miscellaneous Area). Match Exist to Conform to Exist. HMA Ditch to AC Ditch. Perforated Steel Pipe Underdrain System modified for 12" pipe.

22 of 41 Stage Notes Updated. Added Note I. Temporary Paving Section and callout updated. Removed Sl from Sign Quantities.

23 of41 Stage Notes updated. Updated Project limits from 10+90 to 10+50. Temporary Pavement structural section removed.

24 of41 Stage Notes updated. Update Temporary Paving structural section and callout.

25 of41 Stage Notes updated. Callout 12" Temporary Pavement Marking (Tape). Add Structural Section Legend.

26 of41 Stage Notes Updated. Show Temporary Paving in A-A. Structural Section 2 Changed. Added Note 1. Removed S l from Quantity Table.

27 of41 Note 1 Changed. Added Pavement Section Legend. Added Structural Section callout on B-B. Removed Temporary Sign 020-2.

28 of41 Geocomposite drain to Filter fabric. 42" drilled hole quantity.

29 of41 Geocomposite drain to Filter fabric. 42" drilled hole quantity.

30 of41 Drain section added in typical sections.

31 of41 No change other than removing 11 3 11 from reference to sites in title block, etc.

32 of41 Backfill detail for soldier pile wall.

33 of41 Geocomposite drain to Filter fabric. Modified Lean Cone callout in Section C-C.

34 of41 Modified Stay plate callout on Typical Part Elevation.

35of41 No change other than removing "3 11 from reference to sites in title block, etc.

36 of41 Chamfer size added. Geocomposite drain to Filter fabric. Notes 2 and 3 changed.

37 of41 Rebar modified in Detail 1.

2


Sheet No. Changes

38 of41 No change other than removing "3" from reference to sites in title block, etc.




3

COUNTY OF SONOMA SANTA ROSA, CALIFORNIA

(www.sonoma-countv.ondtpw)

CONTRACT FOR CONSTRUCTION OF

GEYSERS ROAD STORM DAMAGE REPAIR

COUNTY PROJECT NO. C11605, C11604 AND C21602

THIS CONTRACT, by and between the County of Sonoma, party of the first part, and

___________________ Contractor, party of the second part.

ARTICLE I.

WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the Department of Transpmtation and Pub lie Works, County of Sonoma, in Sonoma County the Geysers Road Storn1 Damage Repair, Cl 1605, CI 1604 and C21602 in accordance with the Standard Plans, dated 2015, the Standard Specifications, dated 2015, the current General Prevailing Wage Rates according to the California Department of Industrial Relations, and the current issue of the California Department of Transpo1tation publication entitled "Labor Surcharge and Equipment Rental Rates," on file with the California Department of Industrial Relations (telephone 415 703-4774), which said provisions, Standard Plans, Standard Specifications, General Prevailing Wage Rates, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.

ARTICLE II.

The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the tetms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE UL

The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties thereto that should there be any conflict between the terms of this instrument and the bid or


www.sonoma-countv.ondtpw

proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE IV.

By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

ARTICLE V.

And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or to be encountered in the prosecution of the work until its acceptance by the Department of Transportation and Public Works, and for all risks of every description connected with the work; also for all expenses incurred by or inconsequence of the suspension or discontinuance of work and for well and faith-fully completing the work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit:

GEYSERS ROAD STOR1vl DAMAGE REPAIR Cl 1605. Cl 1604 AND C21602 BB-26 August 2020

Bid Item List (Contract)

GEYSERS ROAD STORM DAMAGE REPAIR- CJ 1605, Cl 1604 AND C21602

BID ITEM NO.

S/F CODE ITEM DESCRIPTION UNIT QUANTITY UNIT

PRICE ITEM TOTAL

l 070030 LEAD COMPLIANCE PLAN LS I

2 080050 PROGRESS SCHEDULE (CRITICAL PATH METHOD)

LS l

,., .) 100100 DEVELOP WATER SUPPLY LS l

4 120090 CONSTRUCTION AREA SIGNS LS l

5 120100 TRAFFIC CONTROL SYSTEM LS l

6 120101 FLAGGING FA 100000

7 120152 TEMPORARY PAVEMENT MARKING (TAPE)

SQFT 60

8 120182 PORTABLE DELINEATOR EA 200

9 128650 PORTABLE CHANGEABLE MESSAGE SIGN

EA-DY

1200

10 129000 TEMPORARY RAILING (TYPE K) LF 180

11 130100 JOB SITE MANAGEMENT LS I

12 130300 PREPARE WATER POLLUTION CONTROL PLAN

LS I

13 130620 TEMPORARY DRAINAGE INLET PROTECTION

EA JO

14 130640 TEMPORARY FIBER ROLL LF 2280

15 130710 TEMPORARY CONSTRUCTION ENTRANCE

EA 6

16 130730 STREET SWEEPING LS I

17 130900 TEMPORARY CONCRETE WASHOUT

LS I

18 146002 CONTRACTOR-SUPPLIED BIOLOGIST (LS)

LS J

19 160ll0 TEMPORARY HIGH-VISIBILITY FENCE

LF 210

20 170103 CLEARING AND GRUBBING (LS) LS I

21 190101 ROADWAY EXCAVATION CY 1330

22 F 192037 STRUCTURE EXCAVATION (RETAINING WALL)

CY 783

?"_.) F 192049 STRUCTURE EXCAVATION (SOLDIER PILE WALL)

CY 71"-=.)

24 F 193013 STRUCTURE BACKFILL (RETAINING WALL)

CY 430

25 F 193029 STRUCTURE BACKFILL (SOLDIER PILE WALL)

CY 226

26 F 193116 CONCRETE BACKFILL (SOLDIER PILE WALL)

CY 391

27 F 193119 LEAN CONCRETE BACKFILL CY 103

28 205034 DECOMPOSED GRANITE SQFT 60

29 210270 ROLLED EROSION CONTROL PRODUCT (NETTING)

SQFT 6500

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605. CI 1604 AND C21602 BB-27 August 2020

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

210300 HYDRO MULCH

260203 CLASS 2 AGGREGATE BASE (CY)

390!02A ASPHALT CONCRETE (TYPE A, 1/2" MAX, PG 64-16)

394002 PLACE ASPHALT CONCRETE (MISCELLANEOUS AREA)

394040 PLACE ASPHALT CONCRETE DIKE (TYPE A)

398300 REMOVE BASE AND SURFACING

460210 GROUND ANCHOR (SUBHORIZONTAL)

F 47501 lA RETAINING WALL (MODULAR BLOCK)

490310 STEEL SOLDIER PILE (HP 12 X 53)

490409 42" DRILLED HOLE

490603 24" CAST-IN-DRILLED-HOLE CONCRETE PILING

F 510060 STRUCTURAL CONCRETE, RETAINING WALL

F 510094A STRUCTURAL CONCRETE, DRAINAGE fNLET

F 515004A PRECAST CONCRETE LAGGING

F 520103 BAR REINFORCING STEEL (RETAINING WALL)

590120 CLEAN AND PAINT STEEL SOLDIER PILING

600021 REMOVE RETAINING WALL (LS)

600027A REMOVE STEEL SHEET PILING (PORTION) (LS)

665005 12" CORRUGATED STEEL PIPE (0.064" THICK)



680411 12" PERFORATED STEEL PIPE UNDERDRAIN (0.064" THICK)

691900 FLUME DOWNDRAIN

692001 ENTRANCE TAPER

692101 TAPERED INLET

700637 36" CORRUGATED STEEL PIPE INLET (.064" THICK)

703233 GRATED LINE DRAIN

F 72!015 ROCK SLOPE PROTECTION (LIGHT, METHOD B) (CY)

729012 ROCK SLOPE PROTECTION FABRIC (CLASS I 0)

F 750001 MISCELLANEOUS IRON AND STEEL

750008 FRAME AND COVER

820250 REMOVE ROADSIDE SIGN

SQFT 6500

CY 550

TON 320

SQYD 12

LF 480

CY 15

EA 41

LS 1

LF 3178

LF 1408

LF 847

CY 244

EA 1

SQFT 2804

LB 24635

LS 1

LS I

LS l

LF 37

LF 8

LF 110

LF 300

LF 10

EA I

EA I

LF 31

LF 180

CY 7

SQYD 17

LB 1030

EA 4

EA 2

GEYSERS ROAD STORi'vl DAMAGE REPAIR Cl 1605. Cl 1604 AND C21602 BB-28 August 2020

62 832006 MIDWEST GUARDRAIL SYSTEM (STEEL POST)

LF 340

63 F 833085 PIPE HANDRAILING LF 25

64 839539 TERMINAL SYSTEM (TYPE SKT) EA 4

65 839607A CRASH CUSHION (SHORTRACC) EA 2

66 F 839740A CALIFORNIA ST-75 BRIDGE RAIL

LF 180

67 840501 THERMOPLASTIC TRAFFIC STRIPE

LF 1350

68 999990 MOBILIZATION LS I 69 999998 GUARANTEE LS I

TOTAL

ARTICLE VI.

In the performance of this contract, Contractor agrees to comply with all of the terms set forth in Exhibit A hereto, which is incorporated by this reference. To the extent that any terms of this agreement conflict with the terms of Exhibit A, the terms of Exhibit A shall control.

Statutory Compliance/Living Wage Ordinance. Contractor agrees to comply with all applicable federal, state and local laws, regulations, statutes and policies, including but not limited to the County of Sonoma Living Wage Ordinance, applicable to the services provided under this Agreement as they exist now and as they are changed, amended or modified during the term of this Agreement. Without limiting the generality of the foregoing, Contractor expressly acknowledges and agrees that this agreement may be subject to the provisions of Article XXVI of Chapter 2 of the Sonoma County Code, requiring payment of a living wage to covered employees. Noncompliance during the tenn of the agreement will be considered a material breach and may result in termination of the agreement or pursuit of other legal or administrative remedies.

AIDS Discrimination. Contractor agrees to comply with the provisions of Chapter 19, Article U, of the Sonoma County Code prohibiting discrimination in housing, employment, and services because of AIDS or HIV infection during the term of this agreement and any extensions of the term.

ARTICLE VII.

The County's Board of Supervisors has awarded this contract to the Contractor on the basis of the Contractor's base bid (Items I through 69), together with Alternate, in accordance with the contract documents as modified by Addenda(um) No(s).

ARTICLE VIII.

For the work covered by this contract, the County agrees to pay and the Contractor agrees to accept the sum of , subject to adjustment on the basis of the unit prices set forth in the Contractor's bid.

ARTICLE IX.

The County shall retain 5% of the estimated value of the work done and 5% of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time after 20 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the County may reduce the total amount being retained from payment pursuant to the above requirements to 3 percent of the


total estimated value of the work and materials and may also reduce the amount retained from any of the remaining partial payments to 3 percent of the estimated value of the work and materials.

The County shall hold retainage described above from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the County, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the County. Federal law ( 49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the County's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

IN WITNESS WHEREOF, the parties hereto have affixed their signatures: By CONTRACTOR, this day of 20 ; and

By COUNTY, this day of 20

CONTRACTOR COUNTY OF SONOMA CALIFORNIA

Br:

Chairman, Board of Supervisors

ATTEST:

Br:

Clerk of the Board

(SEAL) APPROVED AS TO FORM

County Counsel

GEYSERS ROAD STORl'vl DAMAGE REPAIR Cl 1605, Cl 1604 AND C21602 BB-30 August 2020

CONTRACT EXHIBIT "A"

FEDERAL PROVISIONS - FEMA

1. DEFINITIONS

1.1. Government means the United States of America and any executive department or agency thereof.

1.2. FEMA means the Federal Emergency Management Agency.

1.3. Third Party Subcontract means a subcontract at any tier entered into by Consultant or any subconsultant or subcontractor, financed in whole or in part with federal assistance derived from the Federal Emergency Management Agency.

1.4. For purposes of this Exhibit, Consultant shall sometimes be refen-ed to as "contractor."

1.5. Agreement means that certain Agreement between the County of Sonoma ("County") and Consultant, and to which this Exhibit is made a part.

2. FEDERAL REQUIREMENTS

2.1. Consultant acknowledges that FEMA financial assistance will be used to fund this Agreement.

2.2. Consultant shall at all times comply with all applicable federal laws, regulations, executive orders,

Office of Budget and Management circulars, and FEMA policies, procedures, and directives, as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 C.F.R. 200.317 through 200.326 and Appendix II to 2 CFR

Part 200-"Contract Provisions for non-Federal Entity Contracts Under Federal Awards," which is

included herein by reference; and including the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990, the Civil Rights Act of 1964 (Title VI); the Civil Rights Act of 1968 (Title

VIII); the Drug-Free Workplace Act of 1988; the Drug Abuse Office and Treatment Act of 1972; the

Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of

1970; the Public Health Service Act of 1912; the Education Amendments of 1972 (Title IX); the Equal Opportunity in Education Act; the Energy Policy and Conservation Act; the False Claims Act;

the Hotel and Motel Fire Safety Act of 1990; the National Environmental Policy Act; the Rehabilitation Act of 1973; the Whistleblower Protection Act; the Hatch Act (5 U.S.C. 1501 et seq.);

and all related and Department of Homeland Security--mandated federal regulations, including 44

CFR Part 7.

2.3. Whether or not expressly set forth herein, all contractual provisions required by FEMA are hereby incorporated by reference. In the event of any conflict between any provision of this Agreement or

any FEMA term, condition, or requirement, the stricter standard shall apply. Consultant shall refer any inconsistency or perceived inconsistency between this Agreement and any federal requirement to

County for guidance. Consultant shall not perform any act, fail to perform any act, or refuse to

comply with any requests that would cause County to be in violation of any FEMA term, condition,

or requirement.

2.4. Consultant acknowledges that this Agreement may be subject to grant assurances mandated by

funding federal agencies. In such event this Agreement shall be subject to and subordinate to all GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605, Cl 1604 AND C21602 BB-31 August 2020

such grant assurances in effect at all times during the term of this Agreement. Any grant assurances mandated by any federal funding agency for inclusion after the execution date of this Agreement

shall be deemed by the parties to have been incorporated herein.

2.5. Consultant must acknowledge their use of federal funding when issuing statements, press releases,

requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

2.6. The Government shall enjoy the right to seek judicial enforcement of any law, regulation, condition,

or provision stated herein.

2.7. Whistleblower Protections. Consultant shall inform all its employees in writing of the rights and remedies provided under the federal Whistleblower Protection Act, including 41 USC 4 712.

2.8. Repair or Construction Activity. For all repair or construction activity done pursuant to this

Agreement (if applicable), all such repair or construction shall be carried out in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes,

specifications and standards, including those required pursuant to 44 CFR 206.400.

2.9. The Consultant agrees to include the above clauses in each Third Party Subcontract such that all

provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.

3. ACCESS TO RECORDS

3.1. Consultant and its successors, transferees, assignees, and subcontractors acknowledge and agree to

comply with applicable provisions governing Government access to records, accounts, documents, information, facilities, and staff, including compliance review, investigation, evaluation,

documentation and reporting requirements.

3.2. The Consultant agrees to provide the County, FEMA, the Comptroller General of the United States

or any their authorized representatives access to any books, documents, papers, and records of the

Consultant which are related to this Agreement, for the purposes of making audits, examinations, excerpts, and transcriptions. The Consultant agrees to permit any of the foregoing parties to

reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3.3. The Consultant agrees to provide the FEMA Administrator or his authorized representatives access

to construction or other work sites pertaining to the work being completed under this Agreement.

3.4. The Consultant agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than five years after the later of: (a) the date of termination or

expiration of this Agreement or (b) the date all projects, programs, and close outs are completed, except in the event of audit, litigation, or settlement of claims arising from this Agreement, in which

case, Consultant agrees to maintain same until the County, FEMA, the Comptroller General, or any

of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or

exceptions related thereto. Contractor shall grant County the option of retention of the records, books, papers, and documents in unalterable, electronic form if Contractor elects to dispose of said

documents followfog the mandatory retention period.


3.5. The requirements set forth above are all in addition to, and should not be considered to be in lieu of, any more stringent requirement set forth in the Agreement.

4. DEBARMENT AND SUSPENSION

4.1. This Agreement is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such the Consultant is required to verify that none of the Consultant, its principals (defined at 2 CFR

180.995), or its affiliates (defined at 2 CFR 180.905) are excluded (defined at 2 CFR 180.940) or

disqualified ( defined at 2 CFR 180.935). Covered transactions shall not be entered into with excluded or disqualified persons or with parties listed on the Government's Excluded Parties List System in the System for Award Management (SAM). The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared

ineligible under statutory or regulatory authority. (2 CFR Pait 200 Appendix II, (I)). No entity, including subconsultants, may receive any federal funds through this Agreement unless the entity has

provided its unique entity identifier to County.

4.2. Consultant represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment

and Suspension" or Executive Order 12689, and that it is not on the Excluded Patties List System in the System for Award Management (SAM) or on any comparable list of precluded persons, entities,

or facilities. Consultant agrees that neither Consultant nor any of its third party subconsultants shall enter into any third party subcontracts for any of the work under this Agreement with a third party

who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or any federal regulation, including 2 CFR Part

200. Gov. Code§ 4477.

4.3. The Consultant must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters

into. Consultant agrees to the provisions of Exhibit [X]-1, Certification Regarding Debarment,

Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement and Exhibit [X]-1, Consultant is the

"prospective lower tier participant."

4.4. The Consultant agrees to include the above paragraphs in each Third Party Subcontract such that all

provisions will equally apply to the subcontractor. It is further agreed that the paragraphs shall not be

modified, except to identify the subcontractor who will be subject to its provisions.

4.5. This certification is a material representation of fact relied upon by County. If it is later determined

that the Consultant did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in

addition to remedies available to the County, the Government may pursue available remedies,

including but not limited to suspension and/or debarment.

4.6. The bidder or proposer agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2

CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may

arise from this offer. The bidder or proposer further agrees to include a provision requiring such

compliance in its lower tier covered transactions.


5. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONSULTANT

5.1. The County and Consultant acknowledge and agree that, notwithstanding any concurrence by the

Federal Government in or approval of the solicitation or award of the underlying Agreement, absent the express written consent by the Government, the Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the County, Consultant, or any other party

(whether or not a party to this Agreement) pertaining to any matter resulting from the Agreement.

5.2. The Consultant agrees to include the above clause in each Third Party Subcontract such that all


6. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (applicable to aH construction contracts awarded meeting the definition of "federally assisted construction contract" under 41 CFR 61-1.3)

6.1. Consultant agrees to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, I 967, and as

supplemented in Department of Labor regulations ( 41 CFR Part 60). 41 CFR 60-1.4 is hereby

incorporated by reference.

6.2. During the performance of this Agreement, contractor agrees as follows:

6.3. The contractor will not discriminate against any employee or applicant for employment because of

race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during

employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or

national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advetiising; layoff or termination; rates

of pay or other forms of compensation; and selection for training, including apprenticeship. The

contractor agrees to post in conspicuous places, available to employees and applicants for

employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

6.4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without

regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

6.5. The contractor will not discharge or in any other manner discriminate against any employee or

applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This

provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions

discloses the compensation of such other employees or applicants to individuals who do not

otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an

investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish

information.

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605. Cl 1604 i\ND C21602 BB-34 August 2020

6.6. The contractor will send to each labor union or representative of workers with which he has a

collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section,

and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

6.7. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6.8. The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and

the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,

regulations, and orders.

6.9. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or

with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or

suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in

Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,

regulation, or order of the Secretary of Labor, or as otherwise provided by law.

6.10. The contractor will include the portion of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or purchase order unless

exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of

Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each

subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,

including sanctions for noncompliance: Provided, however, that in the event a contractor becomes

involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such

litigation to protect the interests of the United States.

7. NONDISCRIMINATION CLAUSE

7.1. Consultants and subconsultants shall not unlawfully discriminate, harass, or allow harassment against

any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability,

medical condition (cancer), age (over 40), marital status, denial of family care leave, or based on any

other prohibited basis.

7.2. Consultants, and subconsultants shall ensure that the evaluation and treatment of their employees and

applicants for employment are free from such discrimination and harassment.

7.3. Consultant shall comply with the applicable provisions of the Fair Employment and Housing Act

(Gov. Code§ 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California

Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair


Employment and Housing Commission implementing Government Code Section 12990 (a-f), set

forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated

into this Agreement by reference and made a pait hereof as if set forth in full. Consultants shall give written notice of their obligations under this clause to labor organizations with which they have a

collective bargaining or other agreement.

7.4. The Consultant agrees to include the above clauses in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be

modified, except to identify the subcontractor who will be subject thereto.

8. CONTRACT WORK HOURS AND SAFETY STAND ARDS (applicable to all contracts in excess of $100,000 that involve the emplovment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarilv available on the open market, or contracts for transportation or transmission of intelligence)

Compliance: Consultant and all subcontractors shall comply with the Contract Work Hours and Safety Standards Act, 40 USC 370 l through 3708 (including sections 3702 and 3704), as supplemented by Department of Labor regulations at 29 CFR Part 5, which are incorporated hereto. CFR Consultant and all subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Consultant shall not require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety.

8.1. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics (including watchmen and

guards) shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or

mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay

for all hours worked in excess of forty hours in such workweek.

8.2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the contractor or any subcontractor responsible therefore shall be liable

for the unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States

for liquidated damages. Such liquidated damages shall be computed with respect to each individual

laborer or mechanic, including watchmen and guards, employed in violation of the provisions of paragraph B in the sum of $25 for each calendar day on which such employee was required or

permitted to work in excess of the standard workweek of forty hours without payment of the

overtime wages required by paragraph B.

8.3. Withholding for unpaid wages and liquidated damages: The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to

be withheld, from any moneys payable on account of work performed by the contractor or

subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards

Act, which is held by the same prime contractor, such sums as may be determined to be necessary to

satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as

provided in the clause set for in paragraph C of this section.


8.4. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in

paragraphs A through D of this section and also a clause requiring the subcontractors to include these

clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of

this section.

9. NOTICE OF REPORTING REQUIREMENTS

9.1. Consultant acknowledges that it has read and understands the reporting requirements of FEMA,

including the "SF-425 Federal Financial Report Filing Instructions" (available at https://www.fema.gov/media-library/assets/documents/28389). Consultant agrees to comply with all applicable reporting requirements, including those contained in any grant terms and conditions,

notices of funding opportunity, or any program guidance associated with any FEMA funding related

to this Agreement.

9.2. The Consultant agrees to include the above clause in each Third Party Subcontract such that all


10. NOTICE OF REQUIREMENTS PERTAINING TO COPYRIGHTS

10.1. Consultant agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license

to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:

I 0.1.1. The copyright in any work developed with the assistance of funds provided under this

Agreement;

10.1.2. Any rights of copyright to which Consultant purchases ownership with the assistance of funds

provided under this Agreement.

I 0.1.3. The Consultant agrees to include the above paragraph in each Third Party Subcontract such

that all provisions will equally apply to the subcontractor. It is further agreed that the clauses

shall not be modified, except to identify the subcontractor who will be subject thereto.

11. PA TENT RIGHTS (applicable to contracts meeting the definition of "funding agreements" (see 37 CFR Part 401) for experimental, research, or development projects financed bv FEMA) CFR

NIA

12. ENERGY CONSERVATION REQUIREMENTS

12.1. The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the

Energy Policy and Conservation Act (42 USC 6201).

12.2. The Consultant agrees to include the above paragraph in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall

not be modified, except to identify the subcontractor who will be subject thereto.

GEYSERS ROAD STORM DAMAGE REPAIR CI 1605. Cl 1604 AND C21602 1313-37 August 2020

https://www.fema.gov/media-library/assets/documents/28389

13. CLEAN AIR AND WATER REQUIREMENTS (applicable to aH contracts and subcontracts in excess $150,000, including indefinite quantities where the amount is expected to exceed $150,000 in any year)

13. l. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q), as amended, and the Federal Water Pollution

Control Act as amended (33 USC 1251-1388) (as all or any may be amended), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

13 .2. Consultant agrees to report each violation of these requirements to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office.

13.3. The Consultant agrees to include the above paragraphs in each Third Party Subcontract exceeding $150,000, such that all provisions will equally apply to the subcontractor. It is further

agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.

14. TERMINATION FOR CONVENIENCE OF COUNTY (applicable to all contracts in excess of $10,000)

See Paragraph 4 of the Agreement.

15. TERMINATION FOR DEFAULT (applicable to all contracts in excess of $10,000)

Consultant's failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Paragraph 4.2 of the Agreement.

16. CHANGES

See Paragraph 8 of the Agreement.

17. LOBBYING (Byrd Anti-Lobbving Amendment, 31 USC 1352 (as amended))(applicable to an contracts and subcontracts in excess of $100,000)

17. I. Consultant shall not use or expend any funds received under this Agreement with any person

or organization to influence or attempt to influence an officer or employee of an 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 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.

17.2. Consultant agrees to the provisions of Exhibit [X]-2, Certification Regarding Lobbying, attached hereto and incorporated herein, and shall obtain such certifications for all subcontracts in

excess of $100,000. Each tier certifies to the tier above that it will not and has not used Federal

appropriated funds to pay any person or organization for influencing or attempting to influence an

officer or employee of any agency, a member of Congress, officer or employee of Congress, or an

employee of a member of Congress in connection with obtaining any Federal contract, grant, or any

GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605. Cl 1604 AND C:21602 BB-38 August 2020

other award covered by 31 USC 1352. Each tier shall also disclose any lobbying with non-Federal

funds that takes place in connection with obtaining any Federal award. Such disclosures are

forwarded from tier to tier up to the recipient.

17.3. Consultant agrees to include the above paragraphs in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be


18. MBE / WBE REQUIREMENTS

Consultant shall make good faith effort and take all necessary affirmative steps (including those listed in 2 CFR 200.321) to assure that Minority and Women's Business Enterprises and labor surplus area firms are used when possible. Failure to engage in such affirmative steps shall be considered as a material breach of the contract.

Consultant, and all its subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible, including as sources of supplies, construction, equipment, or services. These affirmative steps must be documented and reported. Failure of Consultant or any subcontractor thereof to take the following steps shall be deemed a material breach of this Agreement:

A. Place qualified small and minority businesses and women's business enterprises on solicitation lists;

B. Assure that small and minority businesses, and women's business enterprises are solicited whenever

they are potential sources;

C. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;

D. Establish delivery schedules, where the requirement permits, which encourage participation by small

and minority business, and women's business enterprises; and

E. Use the services and assistance of the Small Business Administration, and the Minority Business

Development Agency of the Department of Commerce.

If subcontracts are to be let Consultant shall take the affirmative steps listed above and as otherwise required by 2 CFR 200.321.

19. PROCUREMENT OF RECOVERED MATERIALS

19.1. Consultant shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by

the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring

only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part

24 7 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000

or the value of the quantity acquired during the preceding fiscal year exceeded $ I 0,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and

establishing an affirmative procurement program for procurement of recovered materials identified in

the EPA guidelines.

GEYSERS ROAD STOIU'vl DArvlAGE REPAIR Cl 1605, Cl 1604 AND C21602 BB-39 August 2020

19.2. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be

acquired-

19.2.1. Competitively within a timeframe providing for compliance with the contract performance

schedule;

19.2.2. Meeting contract performance requirements; or

19.2.3. At a reasonable price.

Information about this requirement, along with the list of EPA-designate items, is available at EPA' s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

19.3. The Consultant agrees to include the above clauses in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be


20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

The Consultant acknowledges that 31 USC Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this Agreement.

21. DHS SEAL, LOGO, AND FLAGS

The Consultant shall not use the DBS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials, including those of FEMA or the United States Coast Guard, without specific FEMA preapproval.

22. DAVIS-BACON ACT AND COPELAND ANTI-KICKBACK ACT (all prime construction, repair, or alteration contracts in excess of $2,000 funded under the emergencv Management Preparedness Grant Program, Homeland Securitv Grant Program, Nonprofit Security Grant Program, Tribal Homeland Securitv Grant Program, Port Security Grant Program, and Transit Securitv Grant Program [unless other grant or state/local law require independentlv])

NIA

Compliance with the Copeland "Anti-Kickback" Act (required for all Davis-Bacon contracts, and for contracts for construction or repair of public work financed in whole or part by federal loan or grant):

NIA

23. BONDS {for construction or facilitv improvement contracts, or anv subcontracts thereof, exceeding $150,000)

NIA

GEYSERS ROAD STORM DAMAGE REPAIR CI 1605. CI 1604 AND C21602 BB-40 August 2020

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

24. POLITICAL ACTIVITIES

Consultant understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the express prior written approval of OHS.

GEYSERS ROAD STORM D/\iv1AGE REPAIR Cl 1605. Cl 1604 AND C21602 BB-41 August 2020

CONTRACT EXHIBIT Al

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS

(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds)

As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, County may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of: or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the depatiment or agency with which this transaction originated.

6. The prospective lower tier participant fmiher agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it


determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility an VoltmtmJ1 Exclusion -Lower Tier Covered Transactions

I. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal depatiment or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Contractor Signature Date


CONTRACT EXHIBIT A2

CERTIFICATION REGARDING LOBBYING Certijicationfor Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. 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 an 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.

2. 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 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 Form to Repoti Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed vvhen 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.

Contractor Signature Date

GEYSERS ROAD STO!Uvl DAMAGE REPAIR Cl 1605. Cl 1604 AND C21602 BB-44 August 2020

(This guarantee shall be executed by the successful bidder in accordance with instructions in the Special Provisions. The bidder may execute the guarantee on this page at the time of submitting his bid or shaH execute the guarantee at the time the contract is executed.)

GUARANTEE

To the County of Sonoma Department of Transportation and Public Works for construction of

GEYSERS ROAD STORM DAMAGE REPAIR (Cl1605, C11604 AND C21602)

The undersigned guarantees all construction performed on this project and also guarantees all material and equipment incorporated therein.

General: The Contractor shall guarantee the work is in accordance with contract requirements and remains free from substantial defects in materials and workmanship for a period of one year after contract acceptance. For certain portions of the work ,vhere the Director relieves the Contractor of responsibility in accordance with Section 5-1.38, "Maintenance and Protection Relief," of the Standard Specifications, the guarantee period starts on the relief date and ends one year therefrom.

Substantial defects in materials and workmanship means defective work objectively manifested by damaged, displaced, or missing parts or components; and workmanship resulting in improper function of materials, components, equipment, or systems, as installed or manufactured by the Contractor, subcontractor, supplier, or manufacturer.

During the guaranty period, the Contractor shall repair or replace contract work and associated work which is not in accordance with contract requirements or has substantial defects in materials and workmanship. The Contractor shall perform the corrective work with no expense to the Department other than County- provided field inspection services.

The guaranty of work excludes damage or displacement that is outside the control of the Contractor and caused by normal wear and tear, improper operation, insufficient maintenance, abuse, unauthorized modification, or natural disaster as described in Section 5-1.39, "Damage Repair and Restoration," of the Standard Specifications.

The Contractor shall have the same insurance coverage during corrective work operations as prior to contract acceptance, in accordance with Section 7-1.05, "Indemnification" and Section 7-1.06, "Insurance," of the Standard Specifications.

The contract bonds furnished in accordance with Section 3-1.05, "Contract Bonds," of the Standard Specifications must remain in full force and effect during the guarantee period and until all corrective work is complete.

In the case of conflict between this guaranty provision and any warranty provision included in the contract, the warranty provision shall govern for the specific construction product or feature covered.

Corrective Work: During the guaranty period, the Department will monitor performance of the highway facilities completed by the Contractor and will perform a thorough review of the contract work at least 60 days before the expiration of the one-year guaranty.

If the Engineer discovers contract work not in compliance with contract requirements or that has substantial defects in materials and workmanship, at any time during the guaranty period, a list of items that require GEYSERS ROAD STORM DAMAGE REPAIR Cl 1605. Cl 1604 AND C21602 BB-45 August 2020

corrective work will be developed and forwarded to the Contractor. Within 15 days of receipt of a list, the Contractor shall submit to the Engineer a detailed plan for performing corrective work. The work plan shall include a start to finish schedule. It shall include a list of labor, equipment, materials, and any special services intended to be used. It shall clearly show related work including traffic control, temporary delineation, and permanent delineation.

The Contractor shall start the corrective and related work within 15 days of receiving notice from the Engineer that the Contractor's work plan is approved. The corrective work shall be diligently prosecuted and completed within the time allotted in the approved work plan.

If the Engineer determines that corrective work, covered by the guaranty, is urgently needed to prevent injury or property damage, the Engineer will give the Contractor a request to start emergency repair work and a list of items that require repair work. The Contractor shall mobilize within 24 hours and diligently perform emergency repair work on the damaged highway facilities. The Contractor shall submit a work plan within 5 days of starting emergency repair work.

If the Contractor fails to commence and execute, with due diligence, corrective work and related work required under the guaranty in the time allotted, the Engineer may proceed to have the work performed by County forces or other forces at the Contractor's expense. Upon demand, the Contractor shall pay all costs incurred by the Department for work performed by County forces or other forces including labor, equipment, material, and special services.

Inspection of the work shall not relieve the Contractor of any of his obligations under the contract. Even though equipment, materials, or work required to be provided under the contract have been inspected, accepted, and estimated for payment, the Contractor shall, at his own expense, replace or repair any such equipment, materials, or work found to be defective or otherwise not to comply with the requirements of the contract up to the end of the guaranty period.

The County shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned. In the event the County elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the County. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the County shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.

Signature of Authorized Representative of Bidder

Date:


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CONTRACT BOND-PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS:

That ________________________________as Principal, and ______________, incorporated under the laws of the State of California and authorized to transact surety business in the State of California, are held and firmly bound unto

COUNTY OF SONOMA, CALIFORNIA

In the sum of_______________________for the payment whereoC well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns,jointly and severally, firmly by these presents.

The Condition of the foregoing obligation is such that, Whereas the above bounden Principal has entered into a contract with the COUNTY OF SONOMA, CALIFORNIA to do and perform the following work, to-wit:

GEYSERS ROAD STORM DAMAGE REPAIR (C11605, C11604 AND C21602)

All alterations, extensions of time, extra and additional work, and other changes authorized by the specifications or any part of the contract may be made without securing the consent of the surety or sureties on the contract bonds. Surety waives any requirement of notice of any such alterations, extensions of time, extra and additional work or any other changes.

Any notice to the Surety may be physically delivered or mailed to it at its office.

Now, therefore, if the above bounden Principal shall well and truly perform the contract, then this obligation shall be void; otherwise to remain in full force and effect.

Signed and Sealed this day of 20

CONTRACTOR:

By:

Title:

SURETY:

By:

Title:

GEYSERS ROAD STORM DAtvlAGE REPAIR Cl 1605. Cl 1604 AND C21602 BB-47 August 2020

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CONTRACT BOND- PAYMENT

KNOW ALL MEN BY THESE PRESENTS: Than we _______________of __________________________________as Principal, and ___________, incorporated under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto

COUNTY OF SONOMA, CALIFORNIA, As Oblige, in the sum of____________ Dollars ($ ______,, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents.

The Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract with the Oblige to do and perform the following work, to-wit:

GEYSERS ROAD STORM DAMAGE REPAIR (C11605, C11604 AND C21602)

All alterations, extensions of time, extra and additional work, and other changes authorized by the specifications or any part of the contract may be made without securing the consent of the surety or sureties on the contract bonds. Surety waives any requirement of notice of any such alterations, extensions of time, extra and additional work or any other changes.

Any notice to the Surety may be physically delivered or mailed to it at its office.

NOW, THEREFORE if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns; or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor, the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's foe to be fixed by the court.

This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Signed and Sealed this day of 20

CONTRACTOR:

By:

Title:

SURETY:

By:

Title:

GEYSERS ROAD STORM D/\i'vlAGE REPAIR Cl 1605, Cl 1604 AND C2!602 BB-48 August 2020

GEYSERS ROAD STO M DAMAGE EPAIR (Cl 1605, C11604 AND …

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