HomeMy WebLinkAbout20-Development Services
ORIGI~~AL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution awarding a contract to
Matich Corporation for Pavement
Dept: Development Services Rehabilitation on 4th Street from
5th Street to Tiaj uana Street
Date: September 22, 2008 (SS06-37), per Project Plan No.
12539.
FileNo. 1.7616
MCC Date: October 6, 2008
Synopsis of Previous Council Action:
August 2008
The Mayor and Common Council approved FY 2008-09 CIP Budget.
Recommended Motion:
I. Authorize the Director of Finance to amend the FY 2008/09 Budget by transferring
$125,000 from the unappropriated fund balance of the State Infrastructure Loan Fund to
Account No. 240-379-5504-7616 (SS06-37) "4th Street Pavement rehabilitation from Mt
Vernon Ave to 5th Street", and
2. Adopt Resolution.
h(/,7(~
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer
Phone: Ex! 5203
Supporting data attached: Staff Report, Resolution
& Vicinity Map
Ward:
1,3
FUNDING REQUIREMENTS: Amount:
$ 475.000.00
Source:
(Ace!. Nos.)
240-379-5504-7616
Acct.
Description:
State Infrastructure Loan
Council Notes:
Finance:
t!?6ao 2a>8 'S8r
Agenda Item No. 2.0
I D-lP.oB
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution awarding a contract to Matich Corporation for Pavement Rehabilitation on 4th Street
from 5th Street to Tiajuana Street (SS06-37), per Project Plan No. 12539.
Background:
The pavement on 4th Street between Mount Vernon A venue and 5th Street is in need of pavement
rehabilitation. For the section of roadway between Mount Vernon A venue and Tiajuana Street,
the Public Services Department will be performing a mill and overlay treatment. The remaining
roadway segment on 4th Street between Tiajuana Street and 5th Street requires spot repair work,
full depth grinding of the asphaltic concrete, paving up to 4 inches and striping of the roadway.
Due to the nature ofthe work, bids have been solicited for this portion of the project.
Plans and specifications for this project were completed and the project was opened to public
bidding on September 2, 2008. The project was advertised locally in the San Bernardino County
Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego
Daily Transcript, Daily Construction Reporter, Reed Construction Data, Bid America Online,
Construction Bid Source, Bid Ocean, the City's web sites, and with the San Bernardino Area
Chamber of Commerce.
Bids have been received and are listed below:
Name of Bidder City Amount of Basic
Bid
Matich COrDoration San Bernardino, CA $ 363.636.00
Palm Canvon Contractors, Inc. Yucaipa, CA $ 366,810.00
Hardv & Hamer, Inc. Santa Ana, CA $ 385,000.00
All American Asphalt Corona, CA $ 389,315.60
Laird Construction Co., Inc. Rancho Cucamon!!a, CA $ 393,393.00
Silvia Construction, Inc. Rancho Cucamon!!a, CA $ 401,698.40
International Paving Solutions, Inc. San Bernardino, CA $ 409,747.70
Cooley Construction, Inc. Hesperia, CA $ 425,836.76
Enl!ineer's Estimate $ 403.300.00
Based on review of the sealed competitive bids received, staff has determined that Matich
Corporation of San Bernardino, the apparent low bidder, has met the minimum requirements of
the specifications and bid guidelines; and, therefore, recommends that the Mayor and Common
Council award the referenced contract to Matich Corporation.
2
09/24/200812:50 PM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
The estimated project costs are as follows:
Construction Cost (Basic Bid) $ 363,636.00
Contract Management and Inspection (Annrox. 15.0%) $ 54,545.40
Contingencies (Approx. 15.9%+-) $ 56,818.60
Estimated Total Proiect Cost $ 475,000.00
If approved, this project is expected to begin construction in October of 2008 and be completed
by the end of the month.
Financial Impact:
Funding in the amount of $362,400 is available for this project in Account No. 240-379-5504-
7616 (SS06-37) "Pavement Rehabilitation on 4th Street from Mt Vernon Ave to 5th Street"
leaving a shortfall of $112,600. Staff is proposing to remedy the shortfall by transferring funds
from the unappropriated fund balance in the State Infrastructure Loan Fund.
Recommendation:
I Authorize the Director of Finance to amend the FY 2008/09 Budget by transferring $125,000
from the unappropriated fund balance of the State Infrastructure Loan Fund to Account No. 240-
379-5504-7616 (SS06-37) "4th Street Pavement rehabilitation from Mt Vernon Ave to 5th Street",
and
2. Adopt Resolution.
Attachments:
"1" - Vicinity Map
)
09/25/20089:34 AM
City of San Bernardino, California
Department of Public Works, Division of Engineering
elP No. SS06-37
PAVEMENT REHABILITATION
FOR
4th STREET
FROM
5TH STREET TO TIAJUANA STREET
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VICINITY MAP
N. T. S.
SS06-37
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO MATICH CORPORATION FOR
PAVEMENT REHABILITATION ON 4TH STREET FROM 5TH STREET TO
TIAJUANA STREET (SS06-37), PER PROJECT PLAN NO. 12539.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Matich Corporation, 1596 Harry Sheppard Blvd., San Bernardino, Ca.
92408, is the lowest responsible bidder for Pavement Rehabilitation on 4th Street from 5th Street
to Tiajuana Street (SS06-37), per Project Plan No. 12539. An Agreement is awarded
accordingly to said bidder in a total amount of $363,636.00, with a contingency amount of
$56,818.60. Such award shall be effective only upon being fully executed by both parties. All
other bids are hereby rejected. The City Manager is hereby authorized and directed to execute
said Agreement on behalf of the City; a copy of the Agreement and pages from the title page to
page SP-ll of the Bid and Contract Documents, Plans and Special Provisions No. 12339 are
hereby incorporated into this Resolution and are attached hereto as Exhibit "A" and by this
reference made a part hereof. The Agreement and bid and contract documents in their entirety
are on file in the office of the City Clerk and incorporated herein by reference as fully as
though set forth at length.
SECTION 2. This contract and any amendment or modifications thereto shall not take
effect or become operative until fully signed and executed by the parties and no party shall be
obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of passage ofthe resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO MATICH CORPORATION FOR
PAVEMENT REHABILITATION ON 4TI1 STREET FROM 5TH STREET TO
TIAJUANA STREET (SS06-37), PER PROJECT PLAN NO. 12539.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2008, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
By:
-)(l~l'ic- Cl11111SQ(
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AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this _ day of
City of San Bernardino (owner and hereinafter "CITY"), and
, 20_. between the
(hereinafter "CONTRACTOR"),
I. For and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of
which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper
cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and
equipment and perform all the work necessary to complete in good workmanlike and substantial manner the
PA VEMENT REHABILITATION
ON
4TH STREET
FROM
5TH STREET TO TIAJUANA STREET
(SS 06-37)
in strict conformity with Plans and Special Provisions No. 12539 , and also in accordance with Standard
Specifications for Public Works/Construction, 2008 Edition, on file in the Office of the City Engineer, Public
Works Division, Department of Development Services, City of San Bernardino, which said Plans and Special
Provisions and Standard Specifications are hereby especially referred to and by such reference made a part
~~ .
2, CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full
compensation for furnishing all materials and 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 any unforeseen difficulties or
obstructions which may arise or be encountered in the prosecution of the work and for all risks of every
description connected with the work; also for all expenses incurred by or in consequence of the suspension or
discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and
according to the Plans and Special Provisions. and requirements of the Engineer under them,
3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors,
administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex,
marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person
claiming under or through him or her, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this
contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy, as recipient deems appropriate,
Exhibit "A"
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AGREEMENT: PAVEMENT REHABILITATION ON 4TH STREET
FROM 5TH STREET TO TIAJUANA STREET (SS 06-37 )
4, CITY 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 terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the
time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs,
executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained,
5, It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and
nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith,
IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4)
counterparts, each of which shall be deemed an original in the year and day first above mentioned,
CONTRACTOR
NAME OF FIRM:
CITY OF SAN BERNARDINO
BY:
LORI SASSOON, Acting City Manager
City of San Bernardino
BY:
TITLE:
ATTEST:
MAILING ADDRESS:
RACHEL G, CLARK
City Clerk
PHONE NO,: L-)
APPROVED AS TO FORM:
ATTEST:
J~~cI/~tt6P8ey
S r~..d ,.1 C oc."s.e (
Secretaty
NOTE: Secretary of the Owner should attest.
If Contractor is a corporation, Secretary should attest.
Exhibit "A"
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AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this _ day of
City of San Bernardino (owner and hereinafter "CITY"), and
, 20_, between the
(hereinafter "CONTRACTOR").
I. For and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of
which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper
cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and
equipment and perform all the work necessary to complete in good workmanlike and substantial manner the
PA VEMENT REHABILITATION
ON
4TH STREET
FROM
5TH STREET TO TIAJUANA STREET
(SS 06-37)
in strict conformity with Plans and Special Provisions No. 12539 . and also in accordance with Standard
Specifications for Public Works/Construction, 2008 Edition, on file in the Office of the City Engineer, Public
Works Division, Department of Development Services, City of San Bernardino, which said Plans and Special
Provisions and Standard Specifications are hereby especially referred to and by such reference made a part
hereof. . ,
2. CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full
compensation for furnishing all materials and 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 any unforeseen difficulties or
obstructions which may arise or be encountered in the prosecution of the work and for all risks of every
description connected with the work; also for all expenses incurred by or in consequence of the suspension or
discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and
according to the Plans and Special Provisions, and requirements of the Engineer under them.
3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors,
administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex,
marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person
claiming under or through him or her, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this
contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy, as recipient deems appropriate.
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AGREEMENT: PAVEMENT REHABILITATION ON 4TH STREET
FROM 5TH STREET TO TIAJUANA STREET (SS 06-37)
4. CITY 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 tenns and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the
time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs,
executors, administrators, and assigns, do hereby agree to the full perfonnance of the covenants herein contained.
5. It is further expressly agreed by and between the parties hereto that should there be any conflict
between the tenns of this instrument and the bid of said CONTRACTOR, then this instrument shall control and
nothing herein shall be considered as an acceptance of said tenns of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4)
counterparts, each of which shall be deemed an original in the year and day first above mentioned.
CONTRACTOR
NAME OF FIRM:
CITY OF SAN BERNARDINO
BY:
LORI SASSOON, Acting City Manager
City of San Bernardino
BY:
TITLE:
ATTEST:
MAILING ADDRESS:
RACHEL G. CLARK
City Clerk
PHONE NO.: L-)
APPROVED AS TO FORM:
ATTEST:
J~it661'~a6ffiey
.s f'Pd..1 C o'-''''s'e (
Secretary
NOTE: Secretary of the Owner should attest.
If Contractor is a corporation, Secretary should attest.
I L! 1'1 ().; K.:.-'J .L-N) I eC ( C II...
FILE NO. 1.7616
ACCT NO. 240-379-5504-7616
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
BID AND CONTRACT DOCUMENTS
PLANS AND SPECIAL PROVISIONS NO. 12539
FOR
PAVEMENT REHABILITATION
ON
4TH STREET
FROM
5TH STREET TO TIAJUANA STREET
(SS 06-37)
\
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DIVISION OF PUBLIC WORKS
DEPARTMENT OF DEVELOPMENT SERVICES
CITY OF SAN BERNARDINO
JULy, 2008
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M.
ON SEPTEMBER 23 , 2008
( UIJ.'51 GM:]))
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DESCRIPTION OF THE COMPONENTS
OF THESE
PLANS AND SPECIAL PROVISIONS
The "Bid and Contract Documents" for this project consists of three (3) Parts as follows:
PART I - Administration
PART II - Special Provisions
The above two (2) parts are bound together in one (1) manual titled "Bid and Contract
Documents"
PART III - PLANS, One (I) separately bound set
PAVEMENT REHABILITATION ON 4TH STREET
FROM 5TH STREET TO TIAJUANA STREET (SS 06-37)
Contents for Bid and Contract Documents.doc
CITY OF SAN BERNARDINO
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TABLE OF CONTENTS
PART I
ADMINISTRA nON
NOTICE INVITING SEALED BIDS
BID DOCUMENTS
BID FORM
BID SCHEDULE
BIDDER'S INFORMATION AND SIGNATURE
& BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS
SPECIAL NOTICE
DESIGNATION OF SUBCONTRACTORS
WORKERS' COMPENSATION INSURANCE CERTIFICATION
NON-COLLUSION AFFIDAVIT
FORM OF BID BOND
MBE/WBE INFORMATION - GOOD FAITH EFFORTS
REFERENCES
PART II
SPECIAL PROVISIONS
INSTRUCTIONS TO BIDDERS
SECTION 1
SECTION 2
SECTION 3
SECTION 4
- SPECIFICATIONS AND PLANS
- BID REQUIREMENTS AND CONDITIONS
- A WARD AND EXECUTION OF CONTRACT
- CONSTRUCTION SCHEDULE & COMMENCEMENT OF
WORK, TIME OF COMPLETION & LIQUIDATED DAMAGES
SECTION 5 - LEGAL REQUIREMENTS
SECTION 6 - GENERAL
SECTION 7 - UTILITIES
SECTION 8 - DESCRIPTION OF WORK
SECTION 9 - TRAFFIC CONTROL
SECTION 10 - MOBILIZATION
SECTION II - CLEARING & GRUBBING
SECTION 12 UNCLASSIFIED EXCAVATION (CUT EARTHWORK)
SECTION 13 BLANK
SECTION 14 - ASPHALT CONCRETE
SECTION 15 - AGGREGATE BASE
SECTION 16 - PORTLAND CEMENT CONCRETE
SECTION 17 - COLD MILLING
SECTION 18 THROUGH SECTION 19
BLANK
B-1
B-2
C-I
C-2
C-3
C-4
C-5
C-6
SP-I
SP-5
SP-9
SP-I2
SP-14
SP-20
SP-31
SP-36
SP-39
SP-42
SP-43
SP -44
SP-46
SP-47
SP-48
SP-49
SP-5I
SP-53
n
n
SECTION 20 . TRAFFIC STRIPING & P A YEMENT MARKING
SECTION 21 THROUGH SECTION 24 BLANK
SECTION 25A - ADJUSTMENT OF WATER METER & WATER VALVE ENCLOSURES
SECTION 26 THROUGH SECTION 49 BLANK
SECTION 50 - REMOVAL & RESTORATION OF EXISTING IMPROVEMENTS
EXCEPT STREET PA VEMENT
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APPENDIX
SOILS REPORT
STANDARD DRAWINGS
CALIFORNIA MUTCD STANDARDS
PROJECT LOCATION SURVEY DOCUMENTS
CONTRACT AGREEMENT
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SP.54
SP-55
SP.56
SP-59
SP-60
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PART I
ADMINISTRATION
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Engineer's Estimate (Range Only): $380,000 to $420.000
NOTICE INVITING SEALED BIDS
CITY OF SAN BERNARDINO
Owner
NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for:
PAVEMENT REHABILITATION
ON
4TH STREET
FROM
5TH STREET TO TlAJl!ANA STREET
(SS 06-37)
in accordance with Special Provision No. 12539 in file in the Office of the City Engineer, Third
Floor, San Bernardino City Hall.
Plans and Specifications may be obtained from the City Engineer's Office; Third floor, City
Hall, 300 N. "0" Street, San Bernardino, California 92418, upon a non-refundable payment
of $15.00 for each set if picked up in person. Upon request. the Plans and Special Provisions
mav be mailed for an additional charge of $5.75 per set.
No bid will be received unless it is made on a bid form furnished by the City with the unit prices
written in words and also shown in figures for each item, and with the total of each item and
total of all items filled in.
Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "0" Street, San
Bernardino, California, with the bidder's name and address, the specification title and number
and "SEALED BID" clearly marked on the outside of the envelope
Said bids will be received up to the hour of 2:00 p.m., on, Tuesdav, September 23. 2008, at
which time all of said bids will be publicly opened, and examined and declared in the City
Engineer's Conference Room, Third Floor, City Hall.
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The Contractor shall possess a Class "A" License or Appropriate Specialty License(s) at the
time the contract is awarded. The prime Contractor shall perform, with his own organization,
contract work amounting to at least 50 % of the contract price.
All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid
bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the
bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the
contract if awarded to him. In the event the bidder refuses to execute said contract, the use by
the public of the improvements will be delayed, and the public will suffer great damage. From
the nature of the case, it would be extremely difficult and impractical to fix said amount of
damages. Therefore, the City and the bidder agree that the above sum of ten percent shall be
paid to the City upon the condition above set forth as liquidated damages and not as a forfeiture.
All bonds furnished pursuant to this notice must be underwritten by a surety company having a
rating in Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety
who is listed in the latest version ofU. S. Department of Treasury Circular 570 and is authorized
to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid
Documents in Part I of the Special Provision. Notarization of the signatures of both the
Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this
form.
The Contractor may substitute securities for any monies withheld by the Agency to ensure
performance under the contract as provided for in Section 10263 and Section 22300 of the
California Public Contract Code.
A Non-mandatory Pre-Bid Meeting wi!! be held on Tuesdav, September 16. 2008. at
2:00 p.m., in the office of the City Engineer, Public Works Division of Development Services,
Third Floor, City Hall, 300 North "D" Street, San Bernardino, CA 92418. This meeting is to
provide information, to answer questions, to inform bidders of MBEs/WBEs subcontracting and
material supply opportunities, and to make the prime Contractor aware of the City's outreach
program as it relates to minority hiring and participation. Bidder's attendance at this meeting is
recommended, but the prime may certify that they are familiar with the program and attendance
is not required. Attendance and/or certification may be used as part of the good faith effort.
Certified minority (MBE/WBE) subcontractors and material suppliers for the San Bernardino
area located in Caltrans District 8 are listed on the California Unified Certification Program
(UCP) DBE Directory and can be obtained by accessing the directory on the California
Department of Transportation DBE website at http://www.dot.ca.govlhqlbeplindex.
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Pursuant to law, the Mayor and the Common Council of the City of San Bernardino, by
Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and
made a part thereof by references as fully as though set at length herein, have ascertained and
determined the general prevailing rate per diem wages, and of per diem wages for legal holidays
and overtime work for each craft or type work of workman needed in the execution of contracts
under jurisdiction of said Mayor and Common Council.
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Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The
general prevailing wage rates in the county in which the work is to be done have been
determined by the Director of the California Department of Industrial Relations. These wages
are available from the California Department of Industrial Relations' Internet web site at
http://www.dir.ca.gov/dirdatabases.html. General prevailing wage rates, in effect ten (10) days
prior to the actual Bid Opening, which have been predetermined and are on file with the
California Department ofIndustrial Relations are also referenced and made a part thereof.
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It shall be mandatory upon the Contractor to whom the contract is awarded and upon any sub-
contractor under him to pay not less than specified rates to all laborers, workmen, and mechanics
employed by them in the execution of the contract, and to prevent discrimination in the
employment of persons because of race, creed, color, or national origin, as set forth in the
provisions of Resolution No. 7414 of the Mayor and Common Council of the City of San
Bernardino.
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The City of San Bernardino reserves the right to waive any informalities or inconsequential
deviations from contract specifications, or to reject any and all bids. '
No bidder may withdraw his bid within ..JL working days from the date of the bid opening.
The City reserves the right to take all bids under advisement for a period of 90 days.
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Specific questions regarding this project should be submitted in writing to the City Engineer's
Office as follows:
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City of San Bernardino
City Engineer's Office
300 North "0" Street, Third Floor
San Bernardino, CA 92418
SUBJECT: PAVEMENT REHABILITATION ON 4TH STREET
FROM 5TH STREET TO TIAJUANA STREET
(SS 06-37) PLANS & SPECIAL PROVISIONS NO. 12539
Attention: Michael Grubbs, Project Manager
Tel: (909) 384-5179; Fax: (909) 384-5155
E-mail: grubbs_mi@ci..san-bernardino.ca.us
.
Responses will be provided to written questions only. No written response will be provided
to verbal questions.
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/ CI~ OF S.. AN BERNARDINO
l~dLl fj.fLtt,~ ~~~~
/ RACHEL G. ctARK~. {};j &.,
. CityClerk- . ~
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NOTICE TO ADVERTISE:
SPECIFICA nON NO. 12539
SHALL APPEAR IN FIRST ISSUE NOT LATER THAN
DATE 09 / 02 /08 & 09 / 08 /08
(FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION)
SIGNATURE
DATE
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BID DOCUMENTS
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BID FORM
TO THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the location of the proposed work, that
he has examined the Plan and read the accompanying instructions to bidders and hereby proposes
to furnish any and all required labor, materials, transportation and service for the
PAVEMENT REHABILITATION
ON
4TH STREET
FROM
5TH STREET TO TIAJUANA STREET
(SS 06-37)
in strict conformity with Plans and Special Provisions No. 12539, of the Public Works Division,
Department of Development Services for the City of San Bernardino and also in accordance with
Standard Specifications for Public Works Construction, 2008 Edition. Undersigned proposes and
agrees if this bid is accepted, that he will contract with the City of San Bernardino, in the form of
the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and
other means of maintenance, and to do all the work and furnish all the materials specified in the
contract, in the manner and time therein prescribed, and that he will take in full payment therefor
the following unit prices or lump sum prices, to-wit:
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BID SCHEDULE
Matich Corporation
PLAN NO. 12539
PAVEMENT REHABILITATION
ON 4TH STREET
FROM 5TH STREET TO TIAJUANA STREET (SS 06-37)
ITEM
NO.
ESTIMATED
OUANTITY UNIT
DESCRIPTIOII' OF ITEMS
AND UNIT PRICE WRlTTEN IN WORDS
UNIT PRICE
IN FIGURES
TOTAL
IN FIGURES
I LS MOBILlZA TlON, al the Lump Sum price of
fl.",",:> As..." 71+0_" 10",,- Pv,J~ SnT'1 Dollars
& f" I ~ Cents LS
I.
SrJ
s .3~"~ -
2
LS TRAFFIC CONTROL, at the Lump Sum price
ofnuO THtI~,Ik"l> .filii: /hII"l>lI:!'o Dollars ..2 51>>!.!>
& A/(J Cents LS S
LS CLEARING and GRUBBING, at the Lump Sum
price of ()JJf: -nI1J...._1.l
Dollars .-
& tv,) Cents LS. S /, UJt)-
3.
4.
SY
COLD MILL, (Grind Depth = 4"). at
",.Jf.
& T>i11U-1 .rill/!
15,752
Dollars
Cents per SQ. YD.
.,s
s J - I SY S
~
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5.
SY
4.528
COLD MILL, (Grind Depth = 2"), at
ONe Dollars
& -nh1U) J:lv~ Cents per SQ. YD.
3$
-
sJ ISY s
KO
<-,112. -
6
TN
3,145
ASPHALT CONCRETE PAVEMENT, at
~c:~ StNb-' Dollars
& F/~ Cents perTON
~o
S ??~ ITN S ~L/3. ?3'-
7.
10,900
SF
REMOVE Exisling & REPLACE with 4.5"
Thick ASPHALT CONCRETEPA VEMENT
O..r 6.5" Thick AGGREGATE BASE, Class II
Complete in Place, at
;"<.itf.
& .foe.T'J
Dollars
Cents per SQ. FT.
liP 0(,
S l/ - I SF S If?, 9c.o-
8
EA
ADJUST Existing WATER VALVE Enolosure
To Grade, at OIJG /+a.I__'i>~I!D Dollars
& r-I {) Cents per EACH
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Matich Corporation
. BID SCHEDULE
PLAN NO. 12539
PAVEMENT REHABILITATION
ON 4TH STREET
FROM 5TH STREET TO TIAJUANA STREET (SS 06-37)
ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL
NO. OUANTITY UNIT AND UNIT PRJCE WRJTTEN IN WORDS IN FIGURES IN FIGURES
9 LS TRAFFIC STRIPING & PAVEMENT
MARKING, Two (2) coats of non-thermoplastic
paint) at the Lump Sum price ti-
of 7\A'ui)-\V~SN-'#,t", ~<!" ,.,..""j)~ Dollars LS $ -" S'CKJ
& NO Cents
10. LS NPDES REQUIREMENTS for SWPPP, per
SECTI ON 6-1.03, at the Lump Sum price of _
orJe 7>>v..,SA-I-' 0 Dollars ..
& 1>J<J Cents LS $ J.()()()
II. LS SURVEYING SERVICE, per SECTION 6-1.10
at the Lump Sum price of
Ct'/r7)l.v" ''''''''0 fi oI~ #o.,.Ji)IZh Dollars ",..
& I-l~ Cents LS S I- SZJO
TOTAL BID $
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BID NOTES:
The unit price must be written in words and also shown in figures. All blank spaces appearing
above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices sball govern over
extended amounts, and "WORDS" shall govern over "UNIT" ligures.
Total bid price for the entire contract work shall include the cost of labor, materials, equipment
parts, implements, taxes and supplies necessary to complete the project, as based on the City
Engineer's estimate of quantities of work.
The total price must be extended for each item of work and the total of all items inserted in the
space provided. Bidders shall complete and submit entire BID DOCUMENTS section as their
bid to tbe City, Failure to do so will result in the bid being non-responsive,
BIDDER declares that this Bid is based upon careful examination of the work site, Bid and
Contract Documents.
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Matich Corporation
BIDDER'S INFORMATION AND SIGNATURE:
It is the understanding of the undersigned that the work hereinabove described shall be commenced
within ~ working days from the date of the "Notice to Proceed", and shall be completed within JL working
days from the date of said notice, as directed in SECTION 4 of these Special Provisions..
The undersigned further agrees that in case of default in executing the contract, or furnishing necessary
bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to
the City of San Bernardino as liquidated damages.
Licensed in accordance with an act providing for the registration of Contractor,
LICENSE
NO.: 14m3 CLASSIFICATION:
FIRM NAME: M8ltch ColJlORdlon
EXPIRATION
DATE: 11-30-09
A&B
BUSINESS ADDRESS: 1596 Harry Sheppllld Blvd.
San Bemartllno. CA 92408
BUSINESS PHONE: 909382-7400
FAX: 909382-0113
CELL:
If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners
composing the firm. If a corporation, give the names of the president, secretary, treasurer and manager thereof:
Corporation
Legal StatJJs of Firm
Is Bidder currently a certified DBE? Yes 0 No ~
NAME rS)
See Attached Corporate Resolution
ADDRESS rES)
SIGNATURE OF BIDDER: ~I ~
Eugene P. BoIIIvert Vice Presldent
9. :;3
,20.QL
Dated:
BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS:
ADDENDUM NO.1
DATE:
ADDENDUM NO.2
DATE:
ADDENDUM NO.3
DATE:
ADDENDUM NO.4
DATE:
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Matich Corporation
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CORPORA TE RESOLUTJON
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At a meeting ofthe Board of Directors of MA TICH CORPORATION, a California
Corporation dul)' called and held on the 28tb da)' of April, 2008, a quorum being present,
the following RESOLUTION was adopted:
"Resolved, the Corporate Officers for Matich Corporation are
PRESIDENT
Stephen A. Matich
VICE PRESIDENT & TREASURER
Randall S. Valadez
VICE PRESIDENT & CORPORATE SECRETARY
Patrick A. Matich
VICE PRESIDENT - ENGINEERING
Robert M. Matich
VICE PRESIDENT - ESTlMA TlNG
Eugene P. Boisvert
VICE PRESIDENT - CONSTRUCTION MANAGEMENT
Wayne R. Hendrix
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FURTHER RESOLVED, that the above listed Corporate Officers are duly authorized to
sign documents (bids, contracts, etc.) as may be necessary on behalf of MA Tl CH
CORPORATION
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1, Patrick A. Matich, Secretary of MATICH CORPORATION have compared the
foregoing RESOLUTION with original thereof, as it appears on the records of the Board
of Directors of said company, and do so certify that the same is a trUe and correct
transcript there from, and of the whole said original RESOLUTION.
] further certify that said RESOLUTION has not been amended or revoked and is still in
full force and effect.
IN WITNESS THEREOF, I have hereunto set my hand as such Secretary this 28th day of
April, 2008.
-=R::o- A. MArd..
Patrick A. :Matich, Secretary
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MatIch ColJlOralion
******************************************************************
SPECIAL NOTICE
******************************************************************
The bidder's attention is directed to the section entitled, "Required Listing of Proposed
Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed
subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for
signal and lighting work as in the past, all subcontractors are now to be listed in the Designation
of Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-
half of one percent of the total bid or $10,000.00, whichever is greater.
In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a
notice of the claim must be submitted to the Office of the City Engineer in writing within 2
working days after the time of the bid opening and send copies of the notice to the subcontractors
involved.
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MatiCh Corporation
BIDDER'S FIRM NAME
Matich Corporation
DESIGNATION OF SUB- CONTRACTORS
PLANS & SPECIAL PROVISIONS NO. 12539
In compliance with the provisions of Section 4100-4114 of the Public Contract Code of the Stale of California and any
amendments thereof, each bidder shall set forth the name and location of each subcontractor who wi II perfonm work or
labor or render service to the Contractor.
Name & Address
Under Which
Licensed
Agency & No. of
MBE/WBE CERr.
(If Applicable)
Sub-Contractor's
Phone-No.
Sub-Contract
Amount
Work to Be
Perfonmed:
1. cA-t. :STfl..I"i!
3?rS" 511..."7\-4- "" I'
's"""'~Mj)f""
"2-'/'0
t->/p.
v
tf'O 9 ;;'1- ?/7o $ ~. 'fqu
.
fl:!vY1leM' M~,.tCr
coLi> 1'1"',("'1...
2. PAVbroO!>JT jl€c.ya,r.;c 'S~
P.o. 8"", ru. ~ t-' ( (lr
~I~ I PI! VI-
"z.~,
....
'IS/ iiz -/(/." $ ""/.000
c.~c.K
Sffl<-
3. .\?I.Ii3&etli!:€O ~Rt.I.f!IL s~
i/)~ k./uALNUT" r-(p. 1''1 i''I5-SI'il.
PIA u..fEYt7'>'" V\
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-
$ c..ooo
4.
$
5.
$
6.
$
IF ADDITIONAL SPACE IS REQUIRED, PLEASE DUPLICATE THIS SHEET
DO NOT WRITE ON THE BACK
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Matich Corporation
WORKERS' COMPENSATION INSURANCE
CERTIFICA TION
I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance
with provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract.
Contractor:
NAME OF FIRM: Matich CofPOI'lion
BY: fi~1 M
TITLE: EUgene P. BoI8v8rt VIce Pr8Ildent
DATE:
Q-)3-0t
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- Signed
Megan Nadal'"
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Matich Corporation
(This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execule the affidavit on this page will
result in rejection of bid.)
NON-COLLUSION AFFIDAVIT
To the Division of Public Works, Depanment of Development Services, City of San Bernardino, State of
California:
The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes
and says:
That he or she is of the pany making the foregoing bid, that the bid is not made in the interest of, or on
behalf of, any undisclosed person, pannership, 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; communication, or conference with anyone to fix any overhead, profit, or cost element ofthe bid
price, or of that of any other bidder, or to secure any advantage against the public body awarding the
contract on anyone interested in the proposed contract; or take any action in restraint of free competitive
bidding in connection with such 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 data
relative thereto, or paid, and will not pay, any fee to any corporation, pannership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Matlell Ce"eAl~IlR
1rm Name
~!~
Signature of Bidder
Eugene P. BoIav8rt VIce ~1I
Printed Name and Title
1596 Hany Sheppan:l8Ivd.
San Bemanfino. CA 82408
Business Address
Place of Residence
'2..3
Subscribed and sworn to before me this
day of ~t~
,20~
San Bemardino
i',.,............."IIIII..IIII.,.....
_ MEGAHNADALET :
A ICT~ f
I 1W18E1J;; COUNTY .
.......II....~~ ~~I~~.J
, State of California.
My Commission expires on ~b~ S
2011
Year
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Matlch Corporation
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FORM OF Bm BOND
K',()W \LL I~I-:r; ll'.' THESI: ~R[SEl\'TS, Ihot We, the lIndmlgned
Matich C~rporatio~,
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.s Principal. and
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~!e..c:o Insurance. Company of America as Surety, arc hmb} cnd
linn I) be'L1nd unlo Ihe CilV at Sun n.r".rdinn ,Slate of C.litomia, hereinaner re[emd lo a! "Obll~ec" In lh,
p'''~1 5L1nl OJ[ l"n pereer! 1 10% I of :he t,)tJI amoun! of the bid lIf the rrmClpal sllbmilled 10 Ihe Ohliree (or lbe "or!.
("'cri~d belov,.. [or the pOr'ment o( which sum we hereby JOintly and levemlly bmd ~L1r5el\'c,. ,'II( hel(s :xeCCllMs,
:llJlr_ml.jlr~:~r!. Sl.l::'C..;~Sor." ~nd tt!sign.:i,
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THl: CO'iDITION OF TI.IlS OBLIGATION IS SUCH, THAT:
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WIIER.EAS, the Principal has sl,bmmed to Obligee, a cemin Bid, allached h:relo and hereo)' "",de' pal'! hcre"1'IO enter
Into II COntract In wrilin~, for the Pavement RehabllttAtinn on 4th ~rpl:illt frnm Ilfh ~rAlIllf ."" Ti~"~q~
I
Street eSs 06-37)
(Copy ht!r~ /lIt iJOCf Ill'" dl!l.:riptJon l?f work. incl~(';ng locDJ/fJn as it appr:GrJ on th,: prop~sal j
I
1'or which bids arc 10 be opo,"" on
SeDlember 23 2008
( in"'rr dare of opening)
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":O\\', THEREFORE.
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R. If saId aid shall be reJecled. or in the .ltcrnale,
b. If uid Bid shall be sccepl:d and lhe Principal shall execul~ a contracl
10 the Fom1 ohonlr.ct anached herelO (properly completed in accord.nce with said Bid I
and shall furnISh ~ bond for his faithful ?erfonn.nce of said conlTllct,
and sh~1I in all other respeclS per/ann lht agreement crealtd by lht aceeptanc' of .ald Bid,
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ther, thi, oblig3tion shall be void; "therwls" the same sh,1I rema," in folte and effect: it being .xpr~ssly underslllOd and
'greed that the liability of the Surel)' for ar.y nnu all ~IQims hereunder shall, In no even~ exceed the penat ~mOl,"1 of this
obl:gation '" hereir. stated.
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The Surety, tor valu, reeelv.d, hercby s!:pulaLe.. and agrees that the obli~a!ions of said Surety ane 11$ hand shall be in nO'
W'l impaired or affeCled by any exten~ion of the lime wi:llln which the ObliEe. may ac:epl such Bid; and said Surety doc.
hereby waiH ""lice of .iln}' su,;:h extension.
J
SI.ned, thIS 18th
day a;'
September, 20.M-.
0\' \VIT~ESS WHEREOF, Ihe Prin;'pa' and the SurelY have h=r~unlO set their hands and seab, and sllch 0: them a, are
corpor'tion" have cn.sed Ih,ir corporate .cals to be he,e:o affJ)(ed and these presenlS 10 be si~n.d h) their proper officers.
the d~... and year lir>1 mentloneu
a.,
Matich Corooralioll
~/i~
Sl;nC:ll4r!
E\III8IlI p. BoIt.wt VIce Pruidem
[SEA1.,
~AfA"'.n InC:llrsant"a r:nlTlp!:lny nf (SEAL,
~~c~~
Signal urt
P"lIlled Name alld Tille
Jane Kanner Attnmp.y_in_Fat"J
Printed Name and Tlllt
NOTE !-JuliJ:lzati,m c-f Prul,jp~1 and Sur~t) 5Jgna\Ur:s and Powc:r of Anomey of the Surer)' l\h3.11 accompan)' lhii form.
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ACKNOWLEDGMENT
State of Califomia
County of San Bemardino
1
On September 23, 2008
befo Megan Nadalet, Notary Public
reme,
(Insert name and title of the officer)
personally appeared Eugene P. Boisvert
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare
subscribed to the within instrument and acknowledged to me that helshellhey executed the same in
hisJherltheir authorized capacity[IElS). and that by hislherltheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
9..~."I'I""'l"'I'I"IJ""".....
. (I ME:BAN NADALET ·
: oat.' #1771_ ~
f I<<JWIY~IA l
. f' llM_.WIlIC)COONTY :
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Mallch ColJlOllltion
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
Orange
K. Luu. Notary Public
(HiP iIuM MIlle ad tidcof1bc oft'iac:t)
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Jane Kepner
(Additional iDfonnation)
CAPACI1Y CLAIMED BY lHE SIGNER
o Iodividual (s)
o Corporate Officer
(Tille)
o Partner(s)
r2!I Attorney-in-Fact
o Trustcc(s)
o Olber
who proved to me on the basis of satisfactory evidence to be the personW whose nameW islllJe subscribed to
the within instrument and aclcnowledged to me that iDlsb~ executed the same in billherltbeiJ: authorized
capacity~, and that by bWherllbctr signature(s) on the instrument the person(s;), or the entity upon behalf of
which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURy under the laws of the State of California that the foregoing paragraph
is true and correct
(Notay Seal)
@ K. LUU
Commtulon iii 17786.'
j .. HOlaly PUblic. COlUornla ,
J Orange County -
. . - - -~~._~~~.~~I_(
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING TInS FORM
Any lIClott:1wWpwtl t:tJtfJfPl-- In CIIl(far"la PffIIIl cOIItIIt" verb. &mQ9- <<
IIJlPMn ~ In tit. tIOIIIry acl"", Dr II .~rllk "'*'-ow/~ {omr "'JUt 1M
propr/y cr>>rpt.tfJd a'" tItI<<:JIaJ kJ dtlll dlJQl1Mtlt. n. Dft/]l atnpliotl II "11
dtJ1Cll1Hlrl jz., 1M rctJl'd. DIIIriIM D/Ca1fOr"'a.l,, ftIC/r buill"",, ""Y"/,."",llw
IICIatawWprml ".,b. ., ..,. bI prJ"ttId em IIICIr " ~t ID _, III 1M
_b/ar ... "., nqrW.1M ~.. do ....odrUW rhtJI * glop/fir. """"y hr
C.lJfor./o (L.. """"UW 1M _hd_clty 11{ rho '11-). PI... cMe!< 1M
dDCllmc'" cr.JWly /",. prC'f*T lfDtIITilll word. and anod tltil for", ffnquirtJd.
SEP 1 8 2008
On
before me,
.
. Slale ud County infOrmalic. mlllt be the Slalc and ColInI)' wbln liu: dDCWllanl
.u,Mr(.) p.ooully oppand _..Ibo AOCory public for ........iodplonL
. D.k of DOtlriutioa Ib1IIt be the hie 1b.1 Ibe .ipor(.) pcnonaJI)' appeu-ed which
znul ako be Ibc ame ute lhI.dtnowledpl.cnt iI ccnpleted.
. The DOWy public Jault priM hit or her name II it 'pplUll wilhill bit or her
c:ommiaaioa followed ..,. . ccama and thca YOW' Iit.III (.OW)' JlUb6c).
. Print Ihe Mme(.) 01 dooumant Iiper(.) who penonally 'pPNt .llhe lime of
aoIarizaliDL
. lndiClIc Ibe correct .iDplar or plural fonm by c:rolliq off i1u;olRCt forma (i.e.
Mt~ ill..) or cin::q the c.oaect fornu:. Failure to comctly indicate tN.
iat'ollD.lioa 1IJI11.d to rejealioa of doeumd reconIiDJ.
Th. IUIWy -' improui... ..... be c:Iow ad pba.....pbicaUy reproducil>I..
lmpnAion II1II. DOl 0CM:r .1 or 1iDu. If aea1 iaaJn-.iaa IIIlUdp, ......1 if I
autrtc:illDl_ pcanill. oIhc:rwiJc complete. cliff'fIRftt acknowlodJmCDI loon.
. 5ipabn f1Ilbe DOtal)' ..lie JI.1t malch .. IipabIR oa. file wilb Ihe o1fioe of
tho .....tyaledt.
'" Mditioul iolilImo.... ;, ..I required bal eollId boIp to ...... ""'
IIabowledpnW it ~I miIuMd or aa.dlcd to I differwat lIocwncnl
'" Iodica.. title or typ. of....ched d......... ........ of pa... ond ......
'" Jodica.. Ill. ..,..;ty claimed by .... .iper. U Ill. oIaimed ..,.city it .
I k ...,..... -. indicalO"', title (i.c. CEO. CPO, S_~
': ;!: . s.canJy 'lIIda chu docmDent to &he aipcd document
j:~!~~~~~:~~.?<i...................~~:~'.~..............................;...........H:i~;.~'ff:...:............:!:.:.y~.....:.::......_...:._i..............._..._:::..:.:....................~~....,.................~...........~............
personally appeared
WIlNESS my hand and official seal.
(jv--
Sipallln ofNoIar)' Public
.
DESCRIPTION OF lHE ATTACHED DOCUMENT
(Tille or dcoeriplion of.......... _t)
(Title or duc:riplion of .tlachcd dowmeal conlinued)
Number of Pages _ Document Date
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-.,_ Componyd_
S.f-=o PIlla
lloolllo, WI< 11'15
POWER
OF ATTORNEY
No.
9675
KNOW AU.IY THESE PRDEHT&:
That I.\FECO INSURANCE COMPANY OF AMERICA .nd GENERAl INSURANCE COMPANY OF AMERlC.... .och .
W.lhinglon """"".Iion, doll _ _y IppOinI
..... ... "RHONOA C. ABEl; JERI APODACA; UNOA ENRIGHT; JANE KEPNER; NANETTE MARIELlA-MYER5; .MIKE PARlZINO;
RACHEUEAHEAUlT;JAMESA.SCHAUEA:'Mne,Cafffomla.__' l 11........ IL r...._1I II 1111' Ll I
"" Irue end Iowful.aomey(.}.jn-foct, with 'uN .ulho~1y 10 execute on "" behe,f rldelily.nd .urely bonds or __kings ond other
doaJmenll of. _lor __Issued in the course 01111 buslnel.. end 10 bind the respocfive a>mpany ,,*"by.
IN WITNESS WHEREOF, SMECO INSURANCE COMPANY OF AMERICA .nd GENERAl INSURANCE COMPANY OF
AMERICA h.v. ..ch ...cuted and attelted then pr..."..
lhIs
11th
2007
July
doyof
~.~~
STEPHANIE DALEYoWATSON.sECRETARY
nM MlKOLAJEWSKI. SENIOR VICE-PRESIDENT. SURETY
CER1lFICATE
Extroct Irom the By-ll... 01 S.\FECO INSURANCE COMPANY OF AMERICA
ond 01 GENERAl INSURANCE COMPANY OF AMERICA:
'Atticte V, Section 13. - FIDELIlY AND SURETY BONOS... Ihe Pre_,. .ny Voce "resident, th. Secretary, .nd .ny ......._ Voce
Prolldttnt IppOinled lor thol_ by lie _ in cI10rge of surety _Ilona, shaN _ hove IUlhoriIy 10 eppolnl ind_ .s
.ftom-ro-ln-/oct or under - ~Ie _ with IUlhoriIy 10 _Ie on behoa 0I1he complllY IIdoIlty and .....ty bonds ond
oIher cloaJmenll of -. __ _ by tho company in tho oouna of III .............. On Illy lnolnlmanl moIdng or eWdonctng
.uch ~ImonL tho signs..... moy be .lIIxad by tacslmle. On any instrument _.mg such .uthorlly or on .ny bond or
UndorWldng oIlho compony, lie III', or . IacolmiIe _I. moy be .........od or _od or in Illy olhor men_ reprocI~;
provided, however. thollho 11"_ not be ns_ry to tho vellcllly 01 any such Ins1rumonI or _king.'
Extroct Irom. R-.aon 0I1he Boord 01 on-. oISAFECO INSURANCE COMPANY OF AMERICA
ond of GENERAl INSURANCE COMPANY OF AMERICA odopIod.JuIy 28.1810.
"On .ny(lr;arfJficaIe e_ by'" Sea...., or.. _11ICreWy 01 tho Camp.ny lltung OUI.
I The pnwfs/ons 01_ V. Section 13 of Ihe By-lI.... _
(II) A copy 01... _-<II4omoy "PIloL,',_ll. eJ<eCuIsd _ ......10. and
(If) ~""1OIId_0I"',,,,,,, I..._d..n........_.....
lie I!gnIlure ollie llOI1IIIIrw cdIoor _ be IIr 1acoImIIo, _lie _ 0/'" eon.,." _ be 0 ta_ ......,..
I. Btophonlo OaIey-W.lIon . Socmary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAl INSURANCE
COMPANY OF AMERICA, do ~ -wy lleltho /arogoIng extrocto 0/ Ihe By-lows Ind 01. Resolution 0I1he Boord 01 0Irecl0rs
of Ihese _.Ilo.I5. ond of. Power 01 Altornoy Issued _nt _.... lrue.nd _ end!hll both lhe By-lIws, ... -.on
andlhe P- oIAaorney.... in IullIonlo _ ellacl
IN WITNESS WHEREOF, I hove hereunto III my hond .nd alllxod tho 1'.llmlle ..., of ..Id .DrpOnI~on
SEP 1 8 200B
Ihis
doyor
-.......90..............._-."811...._.
WEB PDF
~~~
mPHANIE DAlEY-WAnON,SliCUTAIY
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PART II
SPECIAL PROVISIONS
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· SPECIAL PROVISIONS
INSTRUCTIONS TO BIDDERS
SECTION I
I-I SPECIFICATIONS AND PLANS
I - 1.0 I GENERAL -- The work embodied herein shall be done in accordance with
the Standard Specifications for the Public Works Construction, 2008 Edition, and City of San
Bernardino Standard Drawings, insofar as the same apply and in accordance with the following
Special Provisions.
1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following
terms are used, they shall be understood to mean and refer to the following:
Al!encv
The City of San Bernardino.
Board The Mayor and Common Council
for the City of San Bernardino.
Citv Enl!ineer The City Engineer, Division of Public Works,
Department of Development Services
for the City of San Bernardino.
Laboratorv The laboratory to be designated by
the City of San Bernardino to test materials
and work involved in the contract.
Office of the District - Whenever, in the Standard Specifications, reference is made
to the office of the District or the District's office, such
references shall be deemed made to the City of San
Bernardino's Public Works Division Office, located in the
City of San Bernardino's Development Services
Department.
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The mailing address for the City of San Bernardino's Public
Works Division is:
City of San Bernardino
Development Services Department
Public Works Division
300 North "0" Street, 3rd Floor
San Bernardino, CA 92418
Resident Eneineer -
Eneineer
The Resident Engineer is the City of San Bernardino's
City Engineer, registered as a Civil Engineer in the State of
California, or the designated representative of the City of
San Bernardino's City Engineer, registered as a Civil
Engineer in the State of California.
Notice Advertisine for Bids - Notice Inviting Sealed Bids.
Standard Specifications - Standard Specifications for Public Works Construction
"Green Book".
Other terms appearing in the Standard Specifications, and these Special Provisions, shall
have the intent and meaning specified in Section 1-2, "Definitions", in the Standard
Specifications.
1-1.03 STANDARD SPECIFICATIONS - The Standard Spe'cifications for the
Agency are contained in the most current edition of the STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated
by the Joint Cooperative Committee of the Southern California Chapter of the American Public
Works Association and the Southern California District of the Associated General Contractors
of California.
The Standard Specifications set forth above will control the general provisions for this
Contract except as amended by the Plans, Special Provisions, or other contract documents.
Only those Sections requiring amendment or elaboration or specifying options are called
out.
In case of conflict between the Standard Specifications and the Special Provisions, the
Special Provisions shall take precedence over and be used in lieu of such conflicting portions.
SP-2
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References in the Special Provisions to "CAL TRANS Standard Specifications" shall
mean the Standard Specifications (MAY, 2006) of the State of California, Department of
Transportation.
References in the Special Provisions to Standard Plans shall mean the Standard Plans for
the City of San Bernardino or other governing agency as specified. Applicable Standard Plans
for this project are contained in the "Standard Drawings", section of these Specifications.
Where the Plans or Specifications describe portions of the work in general terms, but not
in complete detail, it is understood that the item is to be furnished and installed complete and in
place, that only the best general practice is to prevail and that only materials and workmanship
of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all
labor, materials, tools, equipment, and incidentals and do all the work involved in executing the
Contract. The Contractor shall meet or exceed the applicable Public Works Policies and
Procedures unless directed otherwise by these Special Provisions or as directed by the Engineer.
Plans and specifications must conform to the requirements of the City of San Bernardino,
American Concrete Institute (ACI), Uniform Building Code (UBC), Uniform Plumbing Code
(UPC), Caltrans Standard Specifications, these Special Provisions and the Standard
Specifications for Public Works Construction (Green Book), latest edition.
Wherever reference it made to any of the standards mentioned above, the reference shall
be construed to mean the code, order or standard that is in effect on the first day of the
advertised "Notice Inviting Sealed Bids".
1-1.04 TAXES -- No mention shall be made in the proposal of Sales Tax, Use
Tax, or any tax, as all amounts bid will be deemed and held to include any such taxes, which
may be applicable.
1-1.05 INTERPRET A nON OF PLANS AND DOCUMENTS -- If any person
contemplates submission of a bid for the proposed contract and is in doubt as to the true
meaning of any part of the services to be performed, they may submit a written request for an
interpretation or correction thereof. The person submitting the request will be responsible for its
prompt delivery within 5 working days prior to the day of the proposed bid opening.
Any interpretation or correction of the proposed documents shall be made only by
addendum duly issued and copy of such addendum will be faxed and mailed or delivered to each
person of record as receiving a set of such documents. The City will not be responsible for any
other form of explanation or interpretation of the proposed documents.
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1-1.06 ADDENDA OR BULLETINS -- All Bidders are advised as to the possibility
of issuance of addenda affecting the items, scope or quantity of the work required for this
project. Each Bidder shall be fully responsible for informing themselves as to whether or not
any such addenda have been issued. The effect of all addenda to the Contract Documents shall
be considered in the bid and said addenda shall be made a part of the Contract Documents and
shall be returned with them. Failure to cover in a bid any such addenda issued may render the
bid irregular and may result in its rejection by the City.
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1-1.07 PLANS AND SPECIFICATIONS TO BE PROVIDED -- The City will
provide the Contractor with five (5) sets of Plans and Specifications at no cost after the Award
of Contract. The Contractor shall obtain all additional sets at its own cost.
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SECTION 2
2-1 BID REOUIREMENTS AND CONDITIONS
2-1.01 GENERAL -- Bids must submitted on the bid form contained herein. All
bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable
to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check
or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to
him. In the event the bidder, to whom the contact is awarded, refuses to execute said contract,
and/or fails to file the necessary bonds and insurance certificate within ten (10) working days
following the date of the City's Notice of Award letter, the Bidder shall forfeit the bid bond to
the City. By not executing the contract, the use by the public of the improvements will be
delayed and the public will suffer great damage. From the nature of the case, it would be
extremely difficult and impractical to fix the amount of said damage. Therefore, the City and
the bidder agree that the bid guarantee of 10% of the bid shall be paid to the City as forfeiture.
Bid bonds shall be underwritten by a surety company having a rating in Best's most recent
Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest
version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the
State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the
Special Provisions. Notarization of the signatures of the Principal and the Surety and the Power
of Attorney of the signing Surety shall accompany this form. Any bid not accompanied by such
bid bond will be rejected as invalid.
2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for
establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE)
was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San
Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the
Standard Operation Procedures dated January 1994.
Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all
other business enterprises. Prime bidders could reasonably be expected to produce a level of
participation by interested subcontractors of ~ % MBE and i % WBE on this project.
Bidders shall make every reasonable effort to solicit bids from MBE/WBEs.
A justification shall be provided to support the rejection of any bid from a minority or
women's business enterprise, certified by Caltrans.
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2-1.03 MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND
CITY PROCUREMENTS -- It is the policy of the City of San Bernardino to provide Minority
Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an
equal opportunity to participate in the performance of all City contracts. Bidders shall assist the
City in implementing this policy by taking all rfCasonable steps to ensure that all available
business enterprises, including local MBEs and WBEs, have an equal opportunity to compete
for and participate in City contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs
and all other business enterprises shall be determined by the following factors:
(I) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the
City to inform all bidders of the requirements for the project for which the contract will be
awarded. The City may waive this requirement if the bidder certifies it is informed as to those
project requirements.
(2) The bidder identified and selected specific items of the project for which the
contract will be awarded to be performed by sub-contractors to provide an opportunity for
participation by MBEs, WBEs and other business enterprises. The bidder shall, when
economically feasible, divide total contract requirements into small portions or quantities to
permit maximum participation of MBEs, WBEs and other business enterprises.
(3) The bidder advertised for bids from interested business enterprises not less than
ten calendar days* prior to the submission of bids, in one or more daily or weekly newspapers,
trade association publications, minority or trade oriented publications, trade journals, or other
media specified by the City.
(4) The bidder provided written notice of its interest in bidding bn the contract to
those business enterprises, including MBEs and WBEs, having an interest in participating in
such contracts, All notices of interest shall be provided not less than ten calendar days * prior to
the date the bids were required to be submitted. In all instances, the bidder must document that
invitations for sub-contracting bids were sent to available MBEs, WBEs and other business
enterprises for each item of work to be performed.
The Mayor's Affirmative Action Office shall be available to help identify interested
MBEs, WBEs and other business enterprises,
(5) The bidder documented efforts to follow up initial solicitations of interest by
contracting the business enterprises to determine with certainty whether the enterprises were
interested in performing specific portions of the project.
(6) The bidder provided interested enterprises with information about the Plans,
Specifications and requirements for the selected sub-contracting work.
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(7) The bidder requested assistance from organizations that provide assistance in the
recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen
days* prior to the submission of bids.
(8) The bidder negotiated in good faith with interested MBEs, WBEs and other
business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any
enterprises, as determined by the City. As documentation the bidder must submit a list of all
sub-bidders for each item of work solicited, including dollar amounts of potential work for
MBEs, WBEs and other business enterprises.
(9) The bidder documented efforts to advise and assist interested MBEs, WBEs and
other business enterprises in obtaining bonds, lines of credit, or insurance required by the City or
Contractor.
If the City has established expected levels of participation for MBE and WBE sub-
contractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A
determination of the adequacy of a bidders' good faith effort must be based on due consideration
of the indicia of good faith as set forth above.
In the event that the City is considering awarding away from the lowest bidder or not
awarding a contract to a proposed bidder because the bidder is determined to be non-responsive
for failure to comply with the good faith indicia set forth above, the City shall, if requested, and
prior to the award of the contract, afford the bidder the opportunity to present evidence to the
Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its
outreach. In no case should the City award away pursuant to this program if the bidder makes a
good faith effort but fails to meet the expected levels of participation.
For the purposes of this Policy, "minority" shall be synonymous with "minority person"
as defined in California Public Contract Code Section 2000(t). Nothing herein restricts the
discretion of the City to reject all bids in accord with Charter Sections 140 and 238 or Chapter
3.04 of the San Bernardino Municipal Code.
The directions set forth herein shall take effect immediately, and all City Departments
shall modify their implementation programs to the extent such programs are inconsistent with
this policy.
2-1.04 SUBMISSION OF MBE/WBE INFORMATION - GOOD FAIlH
EFFORTS - The Contractor may submit the MBE/WBE INFORMATION - GOOD FAIlH
EFFORTS document with the contract Bid Documents prior to the hour of the bid opening. If
this document is not submitted with the Bid Documents, it must be submitted to the Public
Works Division, upon request, by 4:30 p.m. on the fourth working day following the day of the
bid opening. *In the case short bid opening periods, proof of faxes requesting MBE, WBE
participation and faxed requests for assistance in recruitment ofMBEs and WBEs shall suffice.
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2-1.05 WITHDRA W AL OF BIDS -- A bid may be withdrawn by a wrinen
request signed by the Bidder. Such requests must be delivered to the City's designated official
prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date
and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will
not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids
may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid
guarantee.
2-1.06 IRREGULAR BIDS Unauthorized conditions, limitations, or
provisions anached to a bid will render it irregular and may cause its rejection. The completed
bid forms shall be without interlineations, alterations, or erasures. No oral, telegraphic, or
telephonic bid, modification, or withdrawal will be considered.
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SECTION 3
3-1 A WARD AND EXECUTION OF CONTRACT
3-1.0 I GENERAL -- The award of the contract, if it be awarded, will be to the
lowest responsible bidder whose bid complies with all the requirements prescribed. The award
of the contract will be made by the Mayor and the Common Council at a Council meeting. The
bidder, to whom the contract is awarded, shall file with the Engineer all required bonds
and insurance policies, and execute the contract within 10 calendar days after receiving
notification of the award. Failure to file the stipulated documents and execute the contract
within the prescribed time shall constitute good and sufficient grounds for rescission of the
award and payment of 10% of the bid to the City as liquidated damages.
3-1.02 CONTRAcT BONDS -- The Payment and Faithful Performance Bonds
shall be filed with the Engineer before the contract is executed by the City in accordance with
Section 2-4, "CONTRACT BONDS", of the Standard Specifications. The contract bonds,
including Payment Bond (Material and Labor Bond) and Performance Bond shall be
underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A"
or better. Bonds must be issued by a surety who is listed in the latest version of U.S.
Department of Treasury Circular 570 and is authorized to issue bonds in the State of California.
3-1.03 DISQUALIFICATION QF BIDDERS -- In the event that any Bidder
acting as a prime contractor has an interest in more than one submitted bid, 'all such submitted
bids will be rejected and the Bidder will be disqualified. This restriction does not apply to
subcontractors or suppliers who may submit quotations to more than one Bidder and, while
doing so, may also submit a fonnal bid as a prime contractor.
No contract will be executed unless the Bidder is licensed in accordance with the
provisions of the State Business and Professions Code.
The Contractor shall fill out all documents contained in the Bid Document section, and
comply with all the requirements of the Bid Documents and specifications contained in the
Special Provisions.
Failure of the bidder to fulfill the requirements of the Special Provisions for submittals
required to be furnished after bid opening, including but not limited to BMP/SWPPP, traffic
control and detour plans or escrowed bid documents, where applicable, may subject the bidder
to a determination of the bidder's responsibility in the event it is the apparent low bidder on a
future public works contracts.
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3-1.04 A WARD OF CONTRACT -- Following a review of the bids, the City
shall determine whether to award the contract or to reject all bids. The award of contract, if
made, will be to the lowest responsible Bidder as determined solely by the City. Additionally,
the City reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive
any irregularity and to take the bids under advisement for the period of time stated in the legal
notice inviting sealed bids as may be required to provide for the best interest of the City. The
Contractor's original signature on the Bid Form shall constitute a commitment on the part of the
Bidder to furnish the items as set forth in the Bid Form, the Instructions to Bidders, the Plans,
the Special Provisions and the Notice Inviting Sealed Bids. The Bidder to whom the contract is
awarded shall be notified upon approval of the contract by the Mayor and Common Council.
The Notice Inviting Bids, the Instructions to Bidders, the Bid Form, the Plans, Special
Provisions and Standard Specifications, Addenda, together with any attachments, shall be
considered as part of the contract between the City and the Contractor to whom the contract is
awarded. In no event will an award be made until all necessary investigations are made as to the
responsibility and qualifications of the Bidder to whom the award is contemplated.
3-1.05 REOUIRED EXAMINA nON OF ALL CONTRACT DOCUMENTS
A. Before submitting a Bid, each Bidder shall thoroughly examine and be
familiar with the Specifications, Plans, and addenda, or any other Contract
Documents. The submission of a Bid shall constitute an acknowledgement
upon which the City may rely that the Bidder has thoroughly examined and is
familiar with all the Contract Documents.
B. The failure or neglect of a Bidder to receive or examine any df the Contract
Documents shall in no way relieve that Bidder from any obligation with
respect to its Bid or to the Contract. No claim for additional compensation
will be allowed which is based upon a lack of knowledge of any Contract
Documents.
C. The Bidder shall not be allowed any extra compensation by reason of any
matter or thing, concerning that which such Bidder might have fully informed
himself prior to the bidding.
D. No Bidder shall at any time after submission of a bid make any claim or
assertion that there was any misunderstanding or lack of information regarding
the nature or amount of work necessary for the satisfactory completion of the
job.
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3-1.06
REQUIRED INSPECTION OF THE SITE --
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A.
Bidders are required to inspect the site of the work to satisfy themselves by
personal examination, or by such other means as they may prefer, of the
location of the proposed work, and of the actual conditions, including
subsurface of, and at, the site of the work.
B.
If, during the course of examination, a Bidder finds facts or conditions that
appear to be in conflict with the letter or spirit of the bidding documents, the
Bidder shall notifY the Engineer immediately.
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C.
Submission of a Bid by the Bidder shall constitute conclusive evidence that, if
awarded the Contract, it has relied and is relying on its own examination of
the following:
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I. The site of the work.
2. Access to the site.
3. All other data and matter requisite to the fulfillment of the work.
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4.
The Bidder's own knowledge of existing facilities on and in the
vicinity of the site of the work under the Contract.
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5.
The conditions to be encountered.
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6.
The character, quality, scope and complexity of the proposed work.
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7.
The quality and quantity of the materials to be furnished.
8.
The requirements of the Specifications, Plans, any addenda, or any
other Contract Documents.
D. The information provided by the City is not intended to be a substitute for, or
a supplement to, the independent verification by the Bidder to the extent such
independent investigation of site conditions is deemed necessary or desirable
by the Bidder.
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