Loading...
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 $125,000 from the unappropriated fund balance of the State Infrastructure Loan Fund to Account No. 240- 379-5504-7616 (SS06-37) "4th Street Pavement rehabilitation from Mt Vernon Ave to 5th Street", and 2. Adopt Resolution. Attachments: "1" - Vicinity Map ) 09/25/20089:34 AM City of San Bernardino, California Department of Public Works, Division of Engineering elP No. SS06-37 PAVEMENT REHABILITATION FOR 4th STREET FROM 5TH STREET TO TIAJUANA STREET '" "F, w 'AlTURASor z ~ ~~I ~I,J ~ .~I 91H !'II . w Z9lHz: ST ST..\5 W HOD 900>- :z700 6 ,'\. ~ ~,z~"Zg.i. UNION l4D~ 13~ .tLI!I.:".'::: t;; t;;Q~ In Iii, ;!z ~ '_ ~~: . '.~~ . W .z~ ~ ~ 8TH1JUU ';';'0\200 ~ noD ~ooo Sf 900 ~,., W 100 l1 . .., 'II ClfVEL),tIl , Sf lOOOe w ~ VINE Sf.:l Vl ~ ~ '~"@> \ - '\71\ 'II I/; /VUf:,G1:l ST I~ a::~:": ~ is; VltfWSl ~ ~:~I ~~ -JJ. ROJECT-: ~ {~~~." ~~ ~ ":::1 ~~" ;V:R~:OO ~~ :~;, ~ z ~~: ~ ~~;; ~ 'l'w I{~, 2( 'AT/ON < w;\'JI~J1" 'l ~ '-~ - .,n <PAir QllO~T .. 015. ~/'~r ~:... ~600,,~rZ! ~J ~~~~I':~5y'~oZg 2a51l000 s; ,\~:~70: ~m 3O:BLV~'l2O "00 ~ =.ll " _~.Kl_ ST Sf " ~ "'W t;; 41H t;; ~ ST '---.~! 66 1600 .11\00 1:.1" 8 r.. (UP RR) .xlI\f" ~: w COJIU ;;\5 Q 22";l' X!iNA ~~ S:l 3RD ~ '" -: w 3RIl J,5 ~'A ,., ~ ~ Bi~' ~ II.: ,~ el<W>IAY\~ ~<k ,z;c ~ '" I"" /' HEtROLINk 3~O . -..:, 1100 In ~ W HA _ 5T b 2t() ~~ '" ~ \ /~~ woo 5T .I)~W 2ND jj! 'p, Sf ....- '$ _w TO~GAST ~~; :r~'" <i I 700 V} ..z~ ~~ %- W AAOOlVEIU:ST \.+~ lil''"('' lw~ I;: ~ .0;1):,11<<>: 5T ~ z:~ j:o! z~1 1lS1_-I H' ~s\ %. w _ 5T \\ ~ w" J~~ % >: ~.~ z z RIALT . . "'" .;i' -, n W BEUIYIEW . 1)00 ,. I-:- Hoa U)oo 'JOO ~. IJDl:m ~ I L I --H z s" .AU:~ 0: w BELLEVIEW:<~ r 5T w ~IBECJEV1 t;; 51 "' ~ I;; Q 1000 ,,_ "".._" {" 3 W CON~RlSS ~f: 1 5T ~ >_G ___1';:1. ~I 51 w m<<'.l.Ess 5T ~ w cr. "'~:::In ;B~D ] g:~f~;?~\";l ~~ ~1 JJ~~jj .--~ l~il:::~ [CS t;; / f:~ ~I ""~l~~ 8 t; o1l~ [> ~"'~~~":: \ ~ w ilwA~;;;W!'f t;; ~i;; "c I;;!! <g~ NW i ....sl ~ -l. iii a w!l lI.m ",::>' __ ..AU 1 00 V'l . W =- Sr ~ ' """ "'1;; W ,. ""ISCO ~ :;; 5T.!J W % BI"" 51 tl7ll' 0 j v~ ~--~ ~ "0:: :f;~'::~~~ ,; i - i. '",:';, i~. ~ ". oJ ~..~ yt;; ~ )w> FUR 'iili;I.:'II'1 ~.. .~\ *' ST~ w :5 ~ ~<II W >JR -~. .. rTV'l g . .~ACC~nn\ r~"Y\ \ I ~ . 676 VICINITY MAP N. T. S. SS06-37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t ~. r~\\/7 r/\'. I .' -.~I {(III..j \>.' \ ).,.. I' ",-I) U l~ 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. / () -6-r::J?; .:#;;;0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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( 2 Fl ill rl I' ~ fl fD ~ f' ::1 1::"\ ~~I ~ I ~ ~ :riJ J,. :: ~ ~ I / I 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" fl., II fI f' ti'1 t. N" )': ~~ ", u ~I d ';.iJ I J t 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" r \;i I'"l U f!l t,"J r Li fl.. I LJ I ~ ~ u J ~ I 1 I 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. o r ~ ~ ti U FI c-j W I 11 J ~ J 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) \ . 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:])) "..- <\ X /( .,' \..r Ll i rJ_ ,-;- \ i.\ [j n , ! Ej o ~ t:! ~ I ~ . "' J j I I I 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 ~ fl ~.. [J ~ ~. .... ,. rfl I I ~ ~ . ~ "1 .1 ~ ~ I 1 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 fi f.J ~ ~j tI:., ~ I I i APPENDIX SOILS REPORT STANDARD DRAWINGS CALIFORNIA MUTCD STANDARDS PROJECT LOCATION SURVEY DOCUMENTS CONTRACT AGREEMENT u u ~ i j I SP.54 SP-55 SP.56 SP-59 SP-60 il ~ J n [l ~I ~ ] ~ PART I ADMINISTRATION I J J ~ 1 I ~ l!'1 ~ 11 r'.c' '~._: ~ f1 ~ I I . , Ii,J J :n i I 1 J ] J 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. ~ r, ~ [j ~ ~ I 11.".,. ~ . u d "1 ~ I j . 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. ~ r; ~ ~ 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. ill ~ I ~ i 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. [J ~ ! ~ 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. b 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. ~ rl Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: ~ !i. I tJ fl Itl ~ I '.. ~ 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. ~ fj I 1 J J J I I / CI~ OF S.. AN BERNARDINO l~dLl fj.fLtt,~ ~~~~ / RACHEL G. ctARK~. {};j &., . CityClerk- . ~ i<.J :J .1 ~ 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 ~I I ~ lJ i1 BID DOCUMENTS ~1 : I l.. il L. ~ ~J n . ._1 -I J ~ J J J I I / u FI If) li fl tJ ~"'1 ",I < , ~ I ~ IJ . ~ !l'tJ (, ... I I ~I W ~ ill ~ ~ " I J 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: B.1 u F1 ~ ~ ~ ~ I ~ i .. J 9 I ~ l j I 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 ~ .:J/, ~"5 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 16 Sl-" S~I EA S ." I,(.,~- B-2 f.1 r' t-.1 ., FJ ~:.iI .-)1 I ~I ~ I 11 ~ i j-, >.J ""~" ~. , ,- ~ ~ ] l " J 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 $ ../LU :1'-1' I {,$C- BID NOTES: The unit price must be written in words and also shown in figures. All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices sball govern over extended amounts, and "WORDS" shall govern over "UNIT" ligures. Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to complete the project, as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID DOCUMENTS section as their bid to tbe City, Failure to do so will result in the bid being non-responsive, BIDDER declares that this Bid is based upon careful examination of the work site, Bid and Contract Documents. B-3 ~ r ~ ~ ~ fiJ ~ I I . ;$J ~; '.'"i,' ;, ~ I ~ ill ~ J , l I I 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: C-I ~ Matich Corporation f'1 CORPORA TE RESOLUTJON t':1 bd ~ Iil.'c [j W I I . 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 ,., ~ 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 11.' SJ , i I t1 f:) j 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 OJ J ~ ] J ~ In [1 ~ m,' (J ~ I I i I<.J !I,',',' ID I I t1 ~ ~ 8 ~ ill " J ~ 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. C-2 ~ rJ u ~ ~ ~ I I i , i:;J ~ ~ ~ fl t1 m ;iJ ~ 1 , ~ J 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\ qz..r~1 o~ - $ c..ooo 4. $ 5. $ 6. $ IF ADDITIONAL SPACE IS REQUIRED, PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK C-3 E n ~ ~ ~ [I I iii.: II i ;-~J }'l ~) Sl ~ ~ "1 J l. ': :.J J 'I ] 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 C-4 u r: ~ BJ ~ ~ K:.l ~ I I . b ~ ~ I fl." W J J - Signed Megan Nadal'" J v. J 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 C-5 u Matlch Corporation r FORM OF Bm BOND K',()W \LL I~I-:r; ll'.' THESI: ~R[SEl\'TS, Ihot We, the lIndmlgned Matich C~rporatio~, ~ .s Principal. and A rfl ..leI ~!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, ~ ~J THl: CO'iDITION OF TI.IlS OBLIGATION IS SUCH, THAT: ~ 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) j ":O\\', THEREFORE. ! f.l 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, w ~ 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. I 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. (-6 ~ M8lIch Corporation ~ ~ ID ~ ~.' /jj I ~ I 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 : (sJin-""III"~~~~~~I' ~ ~ ~ eJ ~ I ,] " )l J ~ i ~ .. .............-................ .............-- .....-..... .-.......... -........-.-........... .. .....-................-. ...... ... ...... ... .. .. ........ _n. ...__........._..._....... ...__................ ...._ Mallch ColJlOllltion f"I ~] 11'1 l.J ['1...... [j ~ I I ii .. i' II r Iji e, ~., ... . ~i :.". 1 ~ 11 ii III! I:' Iii ~ Ii ~ Iii D ( j II I: Ii L u Ii II ., j! ~ Ii fr CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange K. Luu. Notary Public (HiP iIuM MIlle ad tidcof1bc oft'iac:t) ., II l Iii ~ " ~ ii !~ 11 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 ~ "", 1,'1 !il b1 ID ~ [I ~ I I j ~ ~ I I ~ j '1 ., t1 ,. ~ ; MalIch ColpOralio . _. 8II_...........~ol_ -.,_ 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 ~7WS4IIl5 i1 '1 '] n ] ,] ~ ~ . PART II SPECIAL PROVISIONS J J J ~ '] J J I I / r.1 f! r ~ ~ ~ ~ I ~ . w ;1 iJ ~ I j I I · 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. "D 1 [] rJ [I ~ f_i r'! tl ~.I thJ I I I iLl k' J I I U j ] J I I 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 fl r1 [j ~ ~.I fu~ ~ I ~ j i.:.J J n flj I ~ -I ~ i " 1 I J 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. SP-3 u f1 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. ~ rJ [l ~ ~ ~ I , ltJ j 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. , ::"'1 (f') j ~ . J J "D A ~ W1 rn ft.l ~ ~ t~ ~ I I . l,;;.i '1 d ~ i ~ l I 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. CD < Ifi ~ r;] WJ RJ ~ ~ ~ I I . , e' l.ii./ fi1 iiJ '~. ;;': " i 1 ~J J j j 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. ~D_.t:: ~ n ~/i. ..1 ,~,' ~ ~ ffJ ~ I ~ i .. W n H lo.;.l ~ I d J ~ I (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. SP-7 ~ f! ~', .~ ~ ~ ~ I ~ . ~J l ~ I J j l I I 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. SP-8 fJ ~ ~ ~ 8 ~ I !iJ ZJ . ;j o I I 1 ] I , 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. <;:P.Q ~ Wi ~ ~ ~ 10). ~J m ! . tw [J w ~ ~ 1 , 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. <;:P.1(\ fl ~OJ fJ 3-1.06 REQUIRED INSPECTION OF THE SITE -- [] U ~:J.: l'iJ 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. ['.1 -,-I I , 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: E ~ ~ I. The site of the work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. id 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the work under the Contract. j 5. The conditions to be encountered. " J . 6. The character, quality, scope and complexity of the proposed work. I J 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. C"T\ 't