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3 <br />"bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, <br />capacity, and experience to satisfactorily perform the public works contract."6 <br />Villalobos and Associates has the following documented safety and health violations with the <br />OSHA. NCIC is therefore concerned that, based on its history and violations, Villalobos and <br />Associates lacks the qualities of a responsible bidder. NCIC urges the City to conduct a thorough <br />factual investigation into Villalobos and Associates' responsibility, including obtaining more <br />specific information about the following: <br />a. Health and Safety Violations <br />A review of publicly available information from the federal OSHA database shows Villalobos <br />and Associates had a serious accident7 involving one of its workers while working on a public <br />works project for the City of Saratoga on April 27, 2021, resulting in $21,825.00 in penalties. <br />The following safetyviolations were found during OSHA’s inspection on the Continental Circle <br />Stabilization Project8: <br />1. §341. Permit Requirements – Excavations, Trenches, Construction & Demolition <br />2. §1541(A)(1) Excavation shall not commence until the area has been marked as specified in <br />Government Code Section 4216.2 (Serious) <br />3. §1541(J)(2). Protection of employees from loose rocks or soil <br />4. §1541(K)(1) Daily inspections of excavations, the adjacent areas, and protective systems <br />(Serious) <br />5. §1509. Active Construction, Accident Prevention Program <br />6. §3395. Heat Illness Prevention in Outdoor Places of Employment <br />CONCLUSION <br />Adequately investigating issues of non-responsibility goes to the heart of the City’s fiduciary <br />responsibility to taxpayers. In light of the abovementioned issues, NCIC respectfully requests <br />that the City exercise its fiduciary responsibility by rejecting Villalobos and Associates' bid. The <br />City should investigate the bid received by Villalobos and Associates to ensure the costs laid out <br />in the bid are correct and consistent with the requirements of prevailing wage and job <br />classifications and contain all necessary scopes of work. In addition, the City should investigate <br />Villalobos and Associates’ recent health and safety violations to determine whether they should <br />be considered a “responsible” bidder. <br />If the City finds that Villalobos and Associates's bid is non-responsive or that Villalobos and <br />Associates is not a responsible bidder, the City must either award the Project to the next lowest <br />bidder, Rosas Brothers Construction, or reject all bids and commence a new round of bidding for <br />the Project. <br /> <br />6 Public Contract Code § 1103. <br />7 OSHA Inspection Number 15727621.015. <br />8 Department of Industrial Relations Project ID Number 358242.