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HomeMy WebLinkAbout07.V- Public Works L, RESOLUTION (ID#1782) DOC ID: 1782 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Robert Eisenbeisz M/CC Meeting Date: 07/02/2012 Prepared by: Byron Montalvo, (909) 384- 5140 i Dept: Public Works Ward(s): 4 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Laird Construction Co., Inc. for Storm Drain and Street Improvements on Mountain Avenue from 39th Street to 40th Street(SD04-004; SS04-018; SS-B; SS-C),per Project Plan No. 10265A. Financial Impact: I. Account No. 248-160-0025-5504-7206 Account Description: Mountain Avenue Storm Drain(SD04-004) Account Budgeted Amount: $627,000 Balance as of 3/12/11: $572,788 1 Balance after approval of this item: $0 2. Account No. 129-160-0025-5504-7236 Account Description: Mountain Avenue Curb, Gutter, and Sidewalk(SS04-018) Account Budgeted Amount: $228,000 Balance as of 3/12/11: $189,572 Balance after approval of this item: $0 3. Account No. 126-160-0025-5504-7306 Account Description: Accessibility Improvements at Various Locations(SS-B) Account Budgeted Amount: $441,900 Balance as of 3/12/11: $401,900 Updated:6/28/2012 by Gwendolyn Waters C --- _ - Packet Pg. i 1782 r Balance after approval of this item: $391,900 4. Account No. 129-160-0025-5504-7156 Account Description: Street Safety Improvements at Various Location(SS-C) Account Budgeted Amount: $224,000 Balance as of 3/12/11: $110,177 Balance after approval of this item: $47,663 Please note, these balances do not indicate available funding. It does not include non- encumbered reccurring expenses or expenses incurred,but not yet processed. Motion: Adopt Resolution. Synopsis of Previous Council Action: O 07-05-11 The Mayor and Common Council adopted the FY 2011/12 - 2015/16 Capital Improvement Program(5-Year CIP). 05-07-12 The Mayor and Common Council rejected all bids for Storm Drain and Street Improvements on Mountain Avenue from 391h Street to 40a Street (SD04-004 & SS04-018),per Plan No. 10265. Background On July 5, 2011, the Mayor and Common Council approved the FY 2011/12 - 2015/16 Capital Improvement Program (CIP). Included in the Program are projects SD04-004 "Mountain Avenue Storm Drain" with a total of$572,838; SS04-018 "Mountain Avenue Curb, Gutter and Sidewalk"with a budget of$167,637; SS-B "Accessibility Improvements at Various Locations" with a budget of$707,418; and SS-C "Street Safety Improvements at Various Locations"with a total budget of$100,000. This project was previously advertised with a bid opening date of April 3, 2012. Due to insufficient funding and limited bid responses the Mayor and Common Council rejected all bids on May 7, 2012, at the request of staff. This allowed staff to modify the plans and re-advertise Updated:6/28/2012 by Gwendolyn Waters C Packet Pg. 1743 I 1782 for bids. Project Components The existing storm drain facilities on Mountain Avenue between 39`h Street and 40`s Street consist of a 30-inch corrugated metal pipe (CMP) and an open trapezoidal channel. These existing facilities are failing, resulting in storm water undermining the adjacent roadway. This project proposes to replace the existing 30-inch CMP with a high-density polyethylene (HDPE) storm drain pipe southerly from 40th Street approximately 864 feet, along with a new concrete- lined channel. This project also proposes to improve and widen portions of Mountain Avenue at 40th Street, including full-depth reclamation (FDR) of the pavement surface. FDR is a process of street reconstruction using recycled asphalt material. This asphalt is pulverized in place, and then mixed with Portland cement, creating a more stabilized and stronger base material. A new 4-inch thick asphalt concrete surface will be added over the pulverized material to complete the (� reconstruction process. v The project also includes construction of new curb, gutter and sidewalk along the westerly side of Mountain Avenue, and installation of several access curb ramps in accordance with Americans with Disabilities Act (ADA) requirements. These items of work were always included in the project's scope of work, and the bid award is based on the contractor's bid under the Basic Bid Schedule No. 1. In addition, portions of 40th Street, between Harrison Street and 100 feet west of Mountain Avenue, will be resurfaced using a mill and overlay process. This additional work cannot be considered in the award of the contract, but since the total contract cost (including the additive) remained within the project's overall budget, staff is recommending approval of both. A notice inviting bids for this work was advertised in the San Bernardino County Sun Newspaper and on the City of San Bernardino's website. Copies of the bid documents were also sent to the following plan rooms: San Bernardino Chamber of Commerce; F.W. Dodge Company; High Desert Plan Room, Construction Bidboard, Inc.; San Diego Daily Transcript; Bid America Electronic; AGC Plan Room; San Diego iSgFt Plan room; Reed Construction Data; Construction Bid Source; and Bid Ocean Inc. Updated: 6/28/2012 by Gwendolyn Waters C Packet Pg. 1744 � 7.V 1782 Bids were publicly opened on June 12,2012. The bids received are listed below: Name of Bidder City Amount of Basic Bid/Schedule No. 1 Laird Construction Co.,Inc. Rancho Cucamonga $610,197.50 Hillcrest Contracting Corona $ 631,834.00 Hardy and Harper,Inc. Santa Ana $654,564.00 Sully-Miller Contracting Co. Brea $682,136.30 R Matich Corporation San Bernardino non-responsive Engineer's Estimate $625,000.00-$650,000.00 1 I After a complete review of the 5 sealed competitive bids and verification of mathematical calculations and certifications, staff has determined that Laird Construction Co., Inc. of Rancho Cucamonga is the apparent lowest bidder and has met the minimum requirements of the specifications and bid guidelines. The Matich Corporation requested that its bid be deemed non- responsive because of errors Matich Corporation committed in its bid submitted to the City. See ,�- attached "Empeno Memo Re Matich Bid." Based on the above information, staff recommends that the contract be awarded to Laird Construction Co., Inc. for $760,760.00 for the Basic Bid Schedule No. 1 plus additive Bid Schedule No. 2. If approved, this project is expected to begin construction in early August 2012 and will be completed by early October 2012. The estimated project costs are as follows: • Total Cost Basic Bid Amount Schedule No. 1 $ 610,197.50 Bid Schedule No. 2 (additive) $ 150,562.50 Subtotal(Contract amount) $ 760,760.00 Contingencies at 10% $ 76,076.00 Subtotal Construction Cost $ 836,836.00 Updated:6/28/2012 by Gwendolyn Waters C - Packet Pg.i 1782 OConstruction Management&Inspection at 5% $ 38,038.00 Total Estimated Construction Cost $ 874,874.00 The project is proposed to be funded by the following capital project accounts, as summarized below: SD04-004 Mountain Avenue Storm Drain (Acct.No. 248-160-0025-5504-7206) - $ 572,788.00 SSO4-018 Mountain Avenue Curb, Gutter and Sidewalk (Acct.No. 129-160-0025-5504-7236) - $ 189,572.00 SS-B Accessibility Improvements at Various Locations (Acct.No. 126-160-0025-5504-7306) $ 50,000.00 SS-C Street Safety Improvements at Various Locations G (Acct.No. 129-160-0025-5504-7156) - $ 62,514.00 $ 874,874.00 City Attorney Review: Su000rtine Documents: Vicinity Map (PDF) RESO - 10265A(SD04-004, SSO4-018, SS-B& SS-C) Storm Drain @ Mtn from 39Th to 40Th St (PDF) Laird Contract from Bid Package (PDF) DOC 1782 EMPENO MEMO RE MATICH BID (PDF) Updated:6/28/2012 by Gwendolyn Waters C Packet Pg. 1746 [----------------------------------------------------------------------------------------------------- City of San Bernardino, California Department of Public Works File No. 4.7206 WO No. 7206 i DWG No. 10265 O • U'�ED ih , i CIP No's. SD 04-004 & SS 04-018 N STORM DRAIN/ST IMPROVEMENTS N i ON o MOUNTAIN AVENUE N FROM a 39th ST to 130' N of 40th St g U THOMAS BROS MAP 547, B-6, B-7 0 U ADDITIVE PROJECT LOCATION LOCATION r E 4 o E z a I�ENHILLEi. m R PL cr g r _ �. � D E C of r$ .0 5T 2. PALSTON a 3 E S p 121� n 16lP m f llR i E ECHO DR ° < S ,,tCA OR 600 E 38TH ST m E J p E BELHONT LN AV E Q omw m.....aA..w. VICINITY MAP N.T.S. Packet Pg. 1747 I RESOLUTION NO. u 9 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY "3 OF SAN BERNARDINO AWARDING A CONTRACT TO LAIRD CONSTRUCTION a 3 CO., INC. FOR STORM DRAIN AND STREET IMPROVEMENTS ON MOUNTAIN m 4 AVENUE FROM 39TH STREET TO 40TH STREET (SD04-004; SSO4-018; SS-B; SS-C), �r PER PROJECT PLAN NO. 10265A. 5 p BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Laird Construction Co., Inc. of Rancho Cucamonga, Califomia, is the r 0 8 lowest responsible bidder for Storm Drain and Street Improvements on Mountain Avenue from g 9 39s' Street to 40" Street(SD04-004, SSO4-018 & SS-B; SS-C),per Project Plan No. 10265A. A M to E contract is awarded accordingly to said bidder in a total amount of$760,760,with a contingency S 11 � amount of$76,076, but such contract shall be effective only upon being fully executed by both 12 parties. All other bids, therefore, are hereby rejected. The City Manager is hereby authorized 13 � and directed to execute said contract on behalf of the City; a copy of the contract is on file in the H la office of the City Clerk and incorporated herein by reference as fully as though set forth at 15 N Y W1 16 en m N 17 SECTION 2. This contract and any amendment or modifications thereto shall not take y 18 effect or become operative until fully signed and executed by the parties and no party shall be o N N s 19 obligated hereunder until the time of such full execution. No oral agreements, amendments, c 9 20 modifications or waivers are intended or authorized and shall not be implied from any act or °c N 21 course of conduct of any party. N 22 SECTION 3. The authorization to execute the contract is rescinded if the parties fail to 23 0 execute it within sixty(60)days of passage of this Resolution. W 24 25 t u I RESOLUTION ... AWARDING A CONTRACT TO LAIRD CONSTRUCTION OF o RANCHO CUCAMONGA, CALIFORNIA, FOR STORM DRAIN AND STREET a 2 IMPROVEMENTS ON MOUNTAIN AVENUE FROM 39TH STREET TO 40TH STREET a 3 (SD04-004; SSO4-018; SS-B; SS-C),PER PROJECT PLAN NO. 10265A. N 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the `o 2 6 day of 2012,by the following vote, to wit: � 7 Council Members: AYES NAYS ABSTAIN ABSENT r 0 8 MARQUEZ c L 9 JENKINS — n 10 VALDIVIA o w c 11 SHORETT 12 KELLEY 13 JOHNSON £ v 14 MC CAMMACK N � U 15 N 16 Georgeann Hanna, City Clerk ti N 17 The foregoing resolution is hereby approved this day of 2012. o 18 ur y 19 0 0 0 20 Patrick J.Moms,Mayor °o City of San Bernardino ° w 21 N Approved as to form: 22 JAMES F. PENMAN, o City Aft ney 23 By: z 24 c m 25 t U N a Packet Pg. 7749 BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CffY OF SAN BERNARDINO m' (n Zn The undersigned declares that he has carefully examined the location of the proposed work, that r he has examined the Plan and read the accompanying instructions to bidders and hereby proposes 4 to furnish any and all required labor, materials,transportation and service for the v 0 STORM DRAIN & STREET IMPROVEMENTS AT ; MOUNTAIN AVENUE a' FROM 39TH STREET TO 40TH STREET ( SD 04-004 & SS O4-018) 0 U in strict confomuty with Plans and Special Provisions No. 10265A , of the Department of Public o Works for the City of San Bernardino and also in accordance with Standard Specifications for R Public Works Construction, latest edition in effect on the first day of the advertised "Notice A Inviting Sealed Bids". The 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 Punish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in frill payment therefor the following unit prices or lump sum a prices,to-wit: m E 0 MA 0 0 U a J C d E L V m a &1 T . . ® . q. 9 . . ` ! ? k ! . § . e / e ° 0 . } 2 7E 9 c � , , w } LU ; £ � _ ■ » a d « § m § # $ ff � jB2L - xz & kd q ° CL Ino co , a < ° . ° ■ ) m ■ 2 ƒ + E k t; )� ƒ - § 2 \ s . / \ � ° ; ! n ! ■ k z k k k k k k _ § _ _ _ § � \ § s k - , , _ k z \ 0 C3 z / d k / 7.V.c? § Q ca ® \ / < ` IA E ` ± ) § , # £ ji � n / \ § { Q 2 « < � 6 7 2 } = z � � ta tn5 § k = I ` 0 - � £ co § E ° c c ¥ § 2\ 2 § k § § § ( § \ § | % e - - - - k k k ) j § \ § ; 2 ( \ § § d § ) ) . e � � O 8 d m � W� d . mid C O _ � o tM1 � 1A N N V{Y N Q Z a � cW O N 0 �••1 d � N � O 00 O f � o7J S lz U Z lz C O g ZO m a rn _ QQ W a a = N N w wt H c IL N tD N 0 N E 9 93 a o F. 0 3 o rc o �6 o e `o � C C C t7i tz t > V VW W Q Q Z Z Z V = t0 7.V.c t O Q c c c c m m m m m m y O 9 9 9 a a O C w N d W � C N CCL = N GI z w >7 m Q Z ut o m � ❑ � � Z r� � _ m Z LL ❑ 7 L W O �C tl] cg: v u O h E H C ° C � R A ❑ U a w ¢ V 3 V � V � 9 � V 'O 3 O m O LL O z O 3 3 3 3 z 3 a 3 — c 3 c a Q a ° Z l7 m OV m Ou m OV a a u v o r z v r r r r W r W r z z m z G a z m z °` z a O X w ❑ Z ❑ w ❑ Z Z a W 2 Z Q Q in W W W ❑ o 0 0 u ° m W W W ° E O T O N N M N 9 Z m PacketPg. 1754 �v? � § § 7f E a AS § / � ® | � a I-L k « 2 z f 9 Kkt - 7 K ` 22k § � z ) § � Ln z � 2e / CL | k ci E ) , ° k k ) § ) k 7E c ! ! u \ u B \ § ) [ §; - - (9 [ LO § - k / ' LD k _ k § - § § § j § ) 2 m m m 2 N R N w p OD LL F Ina c t N p Z m c W O p �� V N z Q Z F W Z a c v —� o m w = Z p rii Q Z a 0 °Cftg D a 0 Z � ° n ry J o L a rn Q N Y f' U V 2 Z QJ > V W E z S g 7 a 9J pp K FA z z Z u R O Q z W W 'O N O Q O � O •` u E 3 3 c o u cl u r E9� o ¢ g Z z n Q WW V V V O V O U a U U ® n � a � avLLi a aL d o t"n m m m M 9 Z m Y � OY S m fn N VA N YN1 uN1 0 qA o v 9 Q 9 9 N 7 C 10- ~ O O O d m ° u O W •U ' W a ~ � a W N (O Z H W Q > 0O W •: ¢ z0 � 3 m W Z z K = z 2 ° N $ F ro K 0 O 0 a O Z 1�1 ° t0 Ln G z z « m n > m C a 7 ? „' a m F w C - Y O it V W CP G to J O z U N J ° d Yi U, W > F Z f ~ O ya w v .. U ° a E e E c� d v 'E a a Z Y v O 3 �i 3 c ,°..' 3 3 u W o V C C m ° C L C W W Yj 3 L N Z N Q a d N t;W 6 Q d y~j W u V m U m U 2 U W V t W W ° )- 6 f. Y 6 Z z p d z u Z a U z z �"� z y z a ~ = U Z V W V W Q n J ° Q a 7 C Q fL K VI IJ LL Q F Q G d Op 9 Z !O . � • � 0 ! k � � � § - - _ } ` 7 - § ( d § � zo<m a \ 0gc ■ 22 ® 0 awe ; 2 f LU2 § R § - . & § ) 02 .5 OC \ � 2 � s o IL � � ` \ 2 \ ~ � y \ § o \ § \ k ( § § 0 § 2 § \ \ ® k 2 ) \ \ § ) m k w . ■ ■ - - - \ . ! . 0 . . ! / a ■ 0 - ■ . ■ / , 9 ` 2 is in - o � § 2 q ! J ® , § C4 ) � § § e2 } . o � - . � z I G§ m � . LU Z, > � § � § 8 fee § �\ : � \ # T k a ! 2 ! ! 0 w ! § ! § k § 3 k § / 0 k 2T 0 § § k / | § ` 2 . § ; § 2 ` § , f _ [ ] 2 \ \ k § k ) � ® \ C - 0 c5 k � iE § & §m # � 2d � §= . \ � j � ) E � k � MW ° § § § % - § f } t= k } \ [ - k ( \ § \ ( § ( § M � O m an a of a in a in fn c c c Ip R R W` N « a a a Z N o m O C 0 O W 0 N N n N ' Q j W W W co C W W d ~ R N O (n z Q Z Q W C W j W 2 O 0 n � r p J yj W > 1'W O 2 .y W N o O Q oz a. m zz z F= 3 W a w z m S > LU N W `o w Cc p U A N U p w w N 3 a 3 3 U 3 t7 c "' c z c w z N K N W N L 3 u w u a u m n p F f > f 0 m z m Z w Z Q h Z 7 Z 7 0 0 < 3 O O a D °Q °a E v a fO Packet Pg. 1761 SUMMARY OF BID SCHEDULES PLANS & SPECIAL PROVISIONS NO. 10265A TOTAL BID SCHEDULE NO. 1 ............................................... $ 1 q1. Sb m TOTAL ADDITIVE BID SCHEDULE N0. 2 .............................. $ S U `� ��, ' y SUM OF BID SCHEDULE NO. 1 & ADDITIVE BID SCHEDULE NO. 2 = GRAND TOTAL BID S 100 40 N NF O BID NOTES: o N The unit price must be written in words and also shown in figures. All blank spaces appearing above must be 0 filled in. In case of discrepancy in Bid Amounts, "UNIT" costs shall govern over extended amounts, and ¢ c "WORDS"shall govern over"UNIT"figures. � The CITY shall award a contract based on the lowest responsible bidder for the "TOTAL OF BID FOR SCHEDULE NO. 111. Submitted bids must include complete bid amounts for each Bid Item of each Bid Schedule to be considered valid bids. 0 U The CITY reserves the right to award for the "TOTAL OF BID SCHEDULE NO. 1" or the "GRAND 00 TOTAL BID"(the SUM OF BID SCHEDULE NO. I &ADDITIVE BID SCHEDULE NO.2). 3 Total bid price for the entire contract work shall include the cost of labor,materials,equipment parts,implements, w taxes and supplies necessary to complete the project, as based on the City Engineer's estimate of quantities of work. v m 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 the CITY. Failure to i do so will result in the bid being non-responsive. N in Any situation not specifically provided for will be determined at the discretion of the City of San Bernardino E (CITY),and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest 2 in the prompt and economical completion of the work. The decision of the CITY respecting the amount of a bid, or the existence or treatment of an irregularity in a bid,shall be final. 0 U BIDDER declares that this Bid is based upon careful examination of the work site,Bid and Contract Documents. -0 The Contractor awarded this project shall be required to provide one (1) SWPPP ( Storm Water Pollution J Prevention Plan)for the entire project,consisting of the work areas defined in Bid Schedules No. 1 and No.2. The BIDDER shall distribute the estimated cost of providing the SWPPP to each Bid Schedule at the discretion of E the BIDDER m s: Specialty Bid Item(S) are bid items that are considered part of the Total bid but are not considered part of the Contractor's obligation to perform at least fifty percent(50%)of the work as specified in Section 2-3.2, "Additional Responsibility,"of the Standard Specifications. B-13 P., t; 7.V.c BIDDER'S INFORMATION AND SIGNATURE: It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 working days from the date of the"Notice to Proceed", and shall be completed within 45 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 tine,the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to y the City of San Bernardino as liquidated damages. ') 0S Licensed in accordance with an act providing for the registration of Contractor, c U) LICENSE a 4'� $'�-I L t EXPIRATION y ' 7 a NO.: ►6 S7 I I CLASSIFICATION: C-L-1 DATE: a /'6I� 0 FIRM NAME:L AyX Co T,Sit✓1,t, t�F, Lr- =� mil > ff-- > BUSINESS ADDRESS: ' (QD (_,)CA I JL- CAA �j ' c UwAAA2 UA K&O-i S—S � 0 BUSINESS PHONE: q09 Vn - "� FAXQ9 Qt1W 'I O CELL: 0 If an individual, so state. If a firm or co-partnership, list the names of all individuals or co-partners c composing the firm. If a corporation,list the names of the president,secretary,treasurer and manager thereof. v 3 �.uy h9Q Is Bidder currently a certified DBE? Yes ❑ No)ir a Lega Status atus of Firm A NAMES ADDRESS(ES) Q ��e1 — � a R�1n h T lcc y . fib 91 i e � L ` SIGNATURE OF BIDDER �� �� �'20— ro BIDDER'S INITIALED ACKNO EDGE NT OF ADDENDUM& d E ADDENDUM NO. 1 �D ADDENDUM NO.Z ADDENDUM NO.3 ADDENDUM NO.4 DATE: C-1 ' a ****************************************************************** SPECIAL NOTICE ****************************************************************** m N The bidder's attention is directed to the section entitled, "Required Listing of Proposed C Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed o subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for N signal and lighting work as in the past, all subcontractors are now to be listed in the Designation of o Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-half of o one percent of the total bid or$10,000.00,whichever is greater. y d In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a notice of the ciaiin must be submitted io 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. 0 0 U The bidder shall provide actual the dollar "Sub-Contract Amount" as submitted by each listed sub-contractor, keeping in mind that the prime contractor for this project is required to provide or perform with his own organization, contract work amounting to at least 50% of the a total contract bid price. Material required for any of the contract work of this project that is n purchased directly by the prime contractor is considered as included in the prime contractor's 50% requirement. If material purchased directly by the prime contractor is to be used by a listed sub-contractor in performing contract work, the dollar amount of such purchased material should not be included in the dollar amount listed for said sub-contractor. a D_ nl The following is in addition to Subsection 2-3.2, "Self Performance," of the Standard o Specifications: U A If the Bid submitted by the Contractor fails to meet at least 50% of the amount of work required with its own forces, the Bid will be considered non-responsive and rejected with no further consideration. If after execution of the Contract Agreement, the CITY discovers the 3 Contractor is performing work amounting to less than 50% of the Contracted amount, except for d "Specialty Items", the Contractor shall be notified that he or she is in violation of the Contract. L The dollar amount of the portion found to be subcontracted by the Contractor, resulting in less than 50% of the amount of work required to be performed by the Contractor, shall be deducted a from payment to the Contractor. The deduction shall not exceed 50% of the contracted amount required to be performed by the Contractor. The Contractor will not be penalized by the CITY resulting from Contract Change Orders that increase subcontract items of work. C-2 Pack;iP,g, 1764 BIDDER'S FIRM NAME DESIGNATION OF SUB- CONTRACTORS PLANS & SPECIAL PROVISIONS NO. 10265A In compliance with the provisions of Section 4100-4114 of the Public Contract Code of the State of California and any ^ amendments thereof,each bidder shall set forth the name and location of each subcontractor who will perform work or labor m or render service to the Contractor. Ch N Name&Address Agency&No.of Contractor's License# and Under Which MBEMBE CERT. Sub-Contractor's Sub-Contract Work to Be Performed N Licensed&License# (If Applicable) Phone-No. Amount (Including Bid Item No.): y v 2.16cro� (Lle �dc nc 1�/1 `1.IL1LL�mL $A 401X1 10 _ C O �kC[ l [e51 0 w 0 v 3. �ihG� �,O �(� 11"C $ 1 ►. l� 6 N r d 4. r��is4 JLwut far )I> rye�_ a j�d A m E 0 /1 5. s i r, 0EV.PPY $ 2� 6�4t o v r31�9G m J C d 6. E $ t U N Q IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK C-3 PackaYPg,`17¢5i, 7.V.c WORKERS' COMPENSATION INSURANCE CERTIFICATION I am aware of the provisions of Section 3700 of the Labor Code requiring N 0i every employer to be insured against liability for workers' compensation or o U) U) to undertake self-insurance in accordance with provisions of that code, and I o 0 will comply with such provisions before commencing the performance of °n d the work of this contract. u m c 0 Contractor: U NAME OF FIRM: Lmc i f V r� Co• �T)"C 3 a BY: TITLE: `� L , vlei it alavk DATE: m E 0 U A 0 O U a J C d E L U A Q C-4 (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this p result in rejection of bid.) NON-COLLUSION AFFIDAVIT To the Department of Public Works,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: on N That he or she is of the party making the foregoing bid, that the bid is not made in the interest of, or on 9) 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 N any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, w 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 of the bid o price, or of that of any other bidder, or to secure any advantage against the public body awarding the N contract on anyone interested in the proposed contract; or take any action in restraint of free competitive i bidding in connection with such contract; that all statements contained in the bid are true; and further, that L 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, partnership, company association, organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. c Lit✓ ►, ( Co. �Ic o F- Name R 3 Q St e o Bidder w A aL ti LA e and Title rP1LJ l a (ate► in w Business Address g N / A a Place of Residence U v Subscribed and sworn to(or affirmed)before me this day of 20_ the above proved to me on the basis of satisfactory evidence to be the person who appeared before me. E r Signed A Notary Public in and for the County of State of California. My Commission expires on Year C-5 7.V.c FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, as Principal,and as Surety, are hereby and firmly bound unto the City of San Bernardino State of California, hereinafter referred to as"Obligee" in the penal sum of ten percent 10% of the total amount of the bid of the Principal submitted to the Obligee for the work m described below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, y administrators,successors and assigns. y THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: 0 N WHEREAS, the Principal has submitted to Obligee, a certain Bid, attached hereto and hereby made a part hereof to enter y into a contract in writing,for the c a 0 D uJ m (Copy here the exact title description ofwork including location,as it appears on the Bid and Contract Document) c fuf which bids are io be opened on (Insert date of opening) u m NOW, THEREFORE, o U a. If said Bid shall be rejected,or in the alternate, o b. If said Bid shall be accepted and the Principal shall execute a contract v in the Form of contract attached hereto(property completed in accordance with said Bid) 3 and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, a m r then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this a� obligation as herein stated. m The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no v way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does 'm hereby waive notice of any such extension. o Signed, this day of , 20 u m IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are 5 corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, t j the day and year first mentioned. .q J (SEAL) (SEAL) Principal surety 0 E r By: By: a signature signature Q Printed Name and Title Printed Name and Title NOTE:Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. C-6 JURAT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO m N N 06 Subscribed and sworn to before me on this day o Of 20 1 L by Ralph J. Laird, proved to me on y the basis of satisfactory evidence to be the person who appeared 9 before me. d a' � A rV� Ben Schonfeld 0 U 0 v A a N W d iT Y V N BEN SCHONFELO a Commtsalon♦1875509 Notary Public-California i £ San Bernardino County E M Comm.Expires Fab 1.2014 U C O U a J C E U N Q Pac—kgt P9,'1761 - zv.e j�" O ZOO BOND #7758640 PREMIUM NIL FORM OF BID BOPID t.AIRD CONST.CO.,INC. KNOW ALL MEN BY TI�S.SE PRESENTS, that we,the undersigned' LAIRD CONSTRUCTION CO., INC. as principal,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety' are hereby and firmly bound unto the City of San Bernardino . State of California, hereinafter referred to as"Obbgee" in the Penal sum often pervert 1( 0%) of the total amount o£the bid of the Principal submitted to the Obligee for the work m described below, for the payment of which sum we hereby jointly and severally bind ourselves, our beirs, exeentors, m administrators,successors and assigns. v THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: N WREREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hefabY made a part hereof to enter o into a contract in writing,for the STORM DRAIN & STREET LIGHTING IMPROVEMENTS AT MOUNTAIN °o 0 AVE. FROM 39TH ST. TO 40TH ST. SAN BERNARDINO ti d SD-04—OOk & SS 04-018 (Cagy lure dw asacr ride description of mart; ineludlrrg loeadwr as ii appems on the Bid and Coalrad Docraaent) c for vdde r bids ate to be opened on rrt 1 12 2012 (Invert dare of opening) m z 0 NOW, THEREFORE, U `0 IL If said Bid shall be rejected,or in the alternate, B b. If said Bid shall be accepted and the Principal shall execute a contract 3 in the Form of contract attached hereto(properly completed in accordance with said Bid) Q and shall furnish a bond for his faithful performance of said contract a and shall in all arbor respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise,the same shall remain in force and effect; it being expressly understood and d Y agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. a The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no m way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does o hereby waive notice of any such extension. U Signed, this 6TH day of .TUNE 20 12 � IN WP£NF.SS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are 0 corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, o the day and year first mentioned. FIDELITY AND DEPOSIT LAIRD CONS' CTION (.9�.a C. ($BAT,) COMPANY OF MARYLAND (SEAL) Pri I !y cry E t5r. x _ SrBnotwe a SY � CHARLES L. FLARE L� W✓ A ATTORNEY—IN—FACT am and lid / Primed Nacre and Tale F NOTE:Notatiration of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this fort. /t I I C-6 Packet Pg. 1770 7.V.c CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA m COUNTY OF SAN BERNARDINO y a On ( a 2c� l 2 before me, Ben Schonfeld, N v Notary Public, personally appeared Ralph J. Laird, who proved to me on the o 0 basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in a his authorized capacity, and that by his signature on the instrument the • U person, or the entity upon behalf of which the person acted, executed the 0 U instrument. `o a m 3 Q I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. U F WITNESS my hand and official seal. m 94 - Aw U en Sch nfeld 0 U J BEN SCHONFELO commission Y 1875809 i -ai Notary Public-California i E Z San Bernardino Counry $ 0 My Comm.Ex Ires Feb 1.2014 a Packet Pg. 1771 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 6-6-12 before me, I exie Sherwood. Notary Public Gate Here ert Name ak TNe of ifte Officer aj N personally appeared Charles L, Flake m weme(a7 or9gner(s) ' o u) who proved to me on the basis of satisfactory evidence to N be the person(s)whose name(s) is/are subscribed to the c within instrument and acknowledged to me that he/sheAhey LEXIE SHERVV':OD executed the same in hisfherRhenr authorized capacity(ies), ° COMSHER O 3 and that by his/her/their signature(s)on the Instrument the u�i NOTA PUeuc•V41roRNIA 0 person(s),or the entity upon behalf of which the person(s) y ORANGE COUNn acted, executed the instrument. 4 t Comm.Exp.JULY 77.2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. U A Witness my hand and Iwal seal. ` ,U�Bdfj o Signature v Place Notary Seal AbO Sipnatured p V OPTIONAL though the information below is not required bylaw,it may prove valuable to persons relying on the document < and could prevent fraudulent removal and reattachment of this form to another document n Description of Attached Document - -- w m Title or Type of Document: s° U Document Date: Number of Pages: - 0- v Signer(s)Other Than Named Above: m E 0 Capacity(les)Claimed by Signer(s) U m Signer's Name: Signer's Name: o • Individual ❑ Individual v • Corporate Officer—Title(s): _ ❑ Corporate Officer—Title(s): ❑ Partner—C7 Limited General ❑ Partner—❑Omfted•❑General m J [] Attorney in Fact 1,jiLl Attorney in Fact c ❑ Trustee • ❑ Trustee • El Guardian or Conservator Top of thumb here El Guardian or Conservator Top of thumb here E u ❑ truer. Other: m Signer Is Representing: Signer Is Representing: ®200T Weonel Namry ASSOda6an•9350 Qa sofa AVe..PO.0ox 2G02•CI,e6woM,CA 91913-[L02•www.NatlonalNataryor➢ Item Y590] Reader:Gall TOA-Fce tA(10.8]a6BP PacketPg. 1772 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dat h by nominate,constitute ep and appoint Richard A.COON,Charles L.FLAKE,David L.CULB '�n e ODD,a6 or a1 Anaheim,California, EACH its true and lawful agent and r a .' d deliver,for,and on w its behalf as surety,and as its act and deed: any a n xecution of such bonds or undertakings in pursuance of these prese t 'n ,as fully and amply,to all intents and c purposes,as if they had been d t ac ularly elected officers of the Company at its office CO in Baltimore,Md., ' p attorney revokes that issued on behalf of Richard A.COON, Charles L_FLAKE, ew P.FLAKE,Lexie SHERWOOD,dated November 7,2005. o The said Assistant by certify that the extract set forth on the reverse side hereof is a true copy of Article V o Section 2,of the By- said Company,and is now in force. N IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names an m affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day o c November,A.D.2006. g ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Z m e�orvos o P^q o U By: 3 Erie D.Barnes Assistant Secretary William J.Mills Vice Presider Q N State of Maryland 1 ss.. City of Baltimore J On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, dul, rn commissioned and qualified,came WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary of th Y FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officer R described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and bein, by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaic to and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Sea E and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction o Q the said Corporation. 6 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year Fast ahoy c A written. o U E Constance A.Dann Notary Public My Commission Expires: July 14,2015 L� Q POA-F 012-4150H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President, or any of the Seni Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Conunitte shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Reside Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, in authorize any person or persons to execute on behalf of the Company any bonds, undertaking,recognizances, stipulatior t? policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments N the nature of mortgages,...and to affix the seal of the Company thereto." 06 a 0 N W CERTIFICATE ,Q 0 e I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certi'. o that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify th =u the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorize i by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of it Q FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of tl Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held c the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanical] L) reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore c o hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid or a binding upon the Company with the same force and effect as though manually affixed." 4 IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, Q r this 6TH day of JUNE 2012 v Y U a Assiaanr S,,may 'O to E O *i U C O U a m J C d E z u A Q g. 1774 BIDDER'S FIRM NAME mm/wm INFORMATION - GOOD FAITH EFFORTS PLANS & SPECIAL PROVISIONS NO. 10265A The City of San Bernardino has established a Minority Business Enterprise(MBE)Goal of 15% and a Women Business Enterprise (WBE) Goal of 5%for this project. The information provided herein shows that adequate good faith efforts were made. m N tll A. The names and dates of each publication in which a request for MBE/WBE participation for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): N v! Publications Dates of Advertisement 0 V 0 0 N_ v Q c u m B. The names and dates of written notices sent to certified MBEs1WBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with v certainly whether the MBEs/WBEs were interested (please attach copies of solicitations, c telephone records,fax confirmations,etc.): m Names ofALME/WBE Initial Solicitation Follow Up Methods Solicited Dates and Dates n v m m Y V R n. D_ ar E O U N C. The items of work which the bidder made available to MBE/WBE firms, including, where v appropriate, any breaking down of the contract work items (including those items normally .o 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 MBE/WBE firms. d E Items of Work Breakdown of Items m Q lkacke � �lt� 7.V.c D. The names, addresses and phone numbers of rejected MBE/WBE firms,the reasons for the bidder's rejection of the MBE/WBE, and the firms selected for that work (please attach copies of quotes from the firms involved): Firms Rejected m CO N C6 v 0 N N v 0 v 0 O N_ v a Firms Selected U R 0 O U O a N 3 a N M r a m E. Efforts made to assist interested MBE/WBEs in obtaining bonding, lines of credit or Y insurance, and any technical assistance or information related to the plans, a specifications and requirements for the work which was provided to MBE/WBEs: p m E 0 w v m C5 0 U v J G d E r u A Q F. Efforts made to assist interested MBE/WBEs 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: m U) N v 0 N Co v 0 O 0 O N_ d G. The names of agencies, organizations or groups contacted to provide assistance m c contacting, recruiting and using certified MBEs/WBE firms (please attach copies of requests to agencies or organizations, and any responses received, i.e., lists, Internet , m page download,etc.): 0 Name of Method/Date Results U Agency/Organization of Contact of Contact 0 v m 3 N W r a Ot A Y V a v m E 0 U H. Any additional data to support a demonstration of good faith efforts ( use additional Z sheets if necessary): 0 U v J C d E r u m Q BIDDER'S FIRM NAME REFERENCES PLANS & SPECIAL PROVISIONS NO. 10265A Date a 0 (n N The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has c performed similar work within the past two years: o N Public Agency's Contract Name,Tide i Name&Address Type of Project Contract Amount Date Completed &Phone Number Q B Z�F n- I ' ° A N r 2. G ' 1 eyY7��L.' -T s ��7.�✓ I� r Cam' hPCf�`IM�7� 7` Y l „ 27Uf v51��-ri�I/ co o ° c ° U v 3. G1 / ,, 6 slue�ti $%` . E U P .P� Paeket Pg,17Z @- 7.V.c �. LAIRD CONSTRUCTION CO., INC. 9460 LUGAS RANCH ROAD• RANCHO CUCAMONGA,CA 81730-5743 (909)968-5595 General Engineering Contractor FAX(909)944-9301 AZ CONTRACTOR LIC.NO.34149 GA GONTRACTOfl UC.NO.185211 m fn CERTIFICATE C6 a 0 N a 0 a o 0 N_ N Q C I, Jerald B. Laird, declare that I am the Secretary of Laird Construction 2 Co., Inc., a California Corporation; that the attached is a true and accurate copy of a resolution of the Board of Directors of Laird o Construction Co., Inc. duly adopted at a special meeting held on April o 25, 2006; that said resolution has not been rescinded or amended and is now in full force and effect. a N to IN WITNESS WHEREOF, I have executed this Certificate and affixed the Corporate Seal this day of M 20 a m E 0 u A t 0 O v m J C Jerald . Lai E U N Q i ROAD CONSTRUCTION DEMOLITION GRADING CONCRETE PAVING HEAVY EQUIPMENT R Packet Pg. 1779 MINUTES OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF LAIRD CONSTRUCTION CO., INC. m N N A California Corporation v 0 A special meeting of Board of Directors of LAIRD CONSTRUCTION CO., INC. a California y N Corporation was held at the offices of the corporation on the 251h day of April 2006 at the hour of e 2:00 pm o 0 There were present at said meeting the following Directors: w Q James R. Laird Z Ralph J. Laird Jerald B. Laird v Ben Schonfeld c 0 U BE IT RESOLVED,that James R.Laird—President,Ralph J.Laird—Vice President, Jerald B. o Laird—Secretary,or Ben Schonfeld-Treasurer are authorized from and after this date to sign v the name of this corporation to any and all papers necessary to transact business. ; Q I further certify that said resolution is still in full force and effect and has not been m amended or revoked,and that the specimen signatures appearing below are the signatures of the officers authorized to sign for this corporation by virtue of this resohution rn m y IN WITNESS WHEREOF, I have hereunder set my hand as such Secretary and affixed the a corporate seal of said corporation this 25'day of April 200 . v m Zphr Je d B. Laird 0 J.Laird Ben Schonfeld c d E 41AI) '14 L ` U R Q d B. taffy�;�o THIS IS AN ADVISORY MEMO ONLY. 14WE'd IF YOU WISH A FORMAL LEGAL OPINION Henry Em eno WITH FULL LEGAL RESEARCH PLEASE Legs 1 Me.. 12-n'11 KtQUFST FFV. From: Henry Empeno Sent: Friday, June 22, 2012 12:23 PM To: Robert Eisenbeisz; Mark Raab Cc: Smith_Ji@sbcity.org; Travis-Miller An@sbcity.org;James Penman; Jolena Grider, Stephanie Easland; Nelva Costello;Angie Rodriguez m Subject: RE: Mountain Ave Bid Tabulation y Attachments: Mountain Ave Bid Tabulation.pdf; Matich Bid Schedule-Mountain Ave Bid.pdf W a 0 Robert&Mark, y Thank you for sending me the attached Matich Bid Schedule and the Bid Tabulation for the Mountain Avenue Street and v Storm Drain Improvements,from 39th Street to 40'Street(SD 04-004&SS 04-018). v e O On page B-13 of the Matich Bid Schedule,the"Bid Notes"states the following: N m The unit price must be written in words and also shown in figures. All blank spaces appearing above must be � a filled in. Incase of discrepancy in Bid Amounts,"UNIT"costs shall govern over extended amounts,and c "WORDS"shall govern over"UNIT"figures. [Emphasis in the original.] f .i Such a discrepancy exists on page B-8 of the Matich Bid Schedule,for Bid Schedule No. 1, under Bid Item No.37 REMOVE AND RECONSTRUCT 6'HIGH BLOCK WALL, per Plan Detail 'J'. For the"UNIT COST in Words",the Matich Bid o shows"FIFTEEN THOUSAND dollars and NO cents",although the"Unit Cost(in figures)"shows$3D0 per lineal foot. For 0 the estimated quantity of 50 lineal feet,the Matich Bid incorrectly shows a total of$15,000 for this bid item. Because v words govern over figures,the corrected total amount for this bid item is$750,000. With this correction to Bid Item No. 3 37, the total for Bid Schedule No. 1 on page B-9 of the Matich Bid should be corrected to show$1,329,000. ¢ N € with this correction,the Matich Bid becomes the fifth lowest bid among the five bids submitted for Bid Schedule No. 1. `- Had the Matich Corporation correctly stated the unit cost in words as"three hundred dollars"per lineal foot,then the c Matich Bid would have been the lowest bid among the five bids submitted for Bid Schedule No. 1. This is the reversal of m similar circumstances several years ago when,after the correction of a similar discrepancy in another contractor's v apparent lowest bid on a public works project,the Matich Corporation became the lowest bidder and was awarded the l= contract. w In your email below and in our discussions on this matter,you informed me that Bob Matich acknowledges their mistake p and requests that their bid be considered non-responsive. We advise that based on the bids submitted,that the Public w Works Department recommend that the Mayor and Council find that the bid submitted by the Matich Corporation is f non-responsive and award the contract to Laird Construction Co., Inc. Let me know if I can provide any further 0 assistance in this matter. z w a w N Henry Empeno,Jr. Senior Deputy City Attorney O c City Attorney's Office E E 300 N. "D"Street, 6th Floor a San Bernardino, CA 92418-0001 ©Phone: (909)384-5355 t Packet Pg. 1781 Fax: (909) 384-5238 hemi3eno(@sbcityattorney.org Confidentiality Note:The contents of this e-mail message and its attachments,if any,are intended solely for the addressee(s)hereof and constitute a confidential attorney-client communication,and/or constitute confidential attorney work product. If you are not the named addressee,or if you believe this message has been addressed to you m y) in error,you are directed not to read, disclose,reproduce,distribute,disseminate or otherwise use or rely upon this y information. Delivery of this message to any person other than the intended recipient(s)is not intended in any way to waive confidentiality. If you have received this transmission in error,please alert the sender by reply e-mail.It is also 0 requested that you immediately delete this message and its attachments,if any.Thank You. w U) a From: Robert Eisenbeisz rmallto•Eisenbeisz Roftbftora] °o Sent: Wednesday,June 20, 2012 2:01 PM N To: Henry Empeno Cc: Mark Raab a Subject: Mountain Ave Bid Tabulation Henry: U M The attached file is the bid tabulation for the above project. The values used for the Matich bid reflect the numeric values without I changing them to the written word amounts. Mark spoke with Bib Matich and he preferred that his bid be considered non-responsive U rather than calculating the bid using the written word amounts,which would have made their bid the highest bid. o 0 Let me know if you have any questions. 3 Q Wilbert G. rE&en6insz, (P.E. City Engineer City of San Bernardino m x Public Works Department y 300 North'D"Street,3rd Floor G San Bernardino,CA 92418 Ph. (909)384-5203 Fax(909)384-5190 W eisenbeisz ro®sbciiy.ore O LU www.sbcitv.ore w O z w o. w N r_ O _... O O c m E L U a Q 2 Packet Pg. 1782 mativ N N N N N M Y y fl, c c c c c c q � 1 _ N N V� N N N N VF N » N O !3 N !9 2 n. R N R N N 6 O V cl V, a = z cW v G W p = 7 E 'C 0 � r _ ° o W d j N K Cr G � Q � Z z e Z > ¢ M Q z O N Q Q N W Z z d. o a O Z m � 3 `^ LU O V7 ~ O ii h �yy z V77 a `\� �`, o > �i \tYu 6 � a z LU IL m o. 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