00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. SS 22-005 is made and entered into this 20th day of March, 2024 by and between the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Matich , sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
PAVEMENT REHABILITATION AT TWENTY-ONE LOCATIONS PROJECT NO. 13511 Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 180 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Million Nine Hundred Eighty-Eight Thousand Six Hundred and Twelve Dollars $7,988,612.00. Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety.
These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following WITH APPENDICES:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF SAN BERNARDINO
By:
Charles A. Montoya
City Manager
ATTEST:
By:
Genoveva Rocha, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
Matich Corporation Inc.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
__149783__________________________________
Contractor’s License Number and Classification
1000004260__ ____________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
APPENDIX “A”
NOTICE OF INVITING BIDS
00 11 16 – NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 ("City") invites and will receive sealed Bids up to but not later than 3:00p.m. on Wednesday, February 14, 2024 at the Office of Public Works, located at 201 N ‘E’ Street, 2nd Floor, San Bernardino, California of the City of San Bernardino, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for PAVEMENT REHABILITATION AT TWENTY-ONE LOCATIONS PROJECT No. 13511 (the “Project”).
At said time, Bids will be publicly opened and read aloud at the MPR located at 201 N ‘E’ Street, 2nd Floor, San Bernardino, California of the City of San Bernardino. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.
PAVEMENT REHABILITATION AT TWENTY-ONE LOCATIONS TO CONSIST OF MILL AND
OVERLAY, STRIPING, CURB REPLACEMENT, ADA RAMP UPGRADES, AND TREE TRUNK REMOVAL. THIS IS A CAPITAL IMPROVEMENT PROJECT.
Bids must be submitted on City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from PLANETBIDS portal, [https://pbsystem.planetbids.com/portal/39495/bo/bo-search]. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.
It is the responsibility of each prospective Bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on [https://pbsystem.planetbids.com/portal/39495/bo/bo-search]. It is the responsibility of each prospective Bidder to check [https://pbsystem.planetbids.com/portal/39495/bo/bo-search] on a daily basis through the close of Bids for any applicable Addenda or updates. City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on [https://pbsystem.planetbids.com/portal/39495/bo/bo-search] may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by [https://pbsystem.planetbids.com/portal/39495/bo/bo-search].
Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of San Bernardino, 290 North D Street, San Bernardino, CA 92401 as bid security.
The bid security shall be provided as a guarantee that within ten (10) days after City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City.
The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.
Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the Contract.
Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/ In addition, a copy of the prevailing rate of per diem wages is available at City’s City Clerk or Secretary of the department issuing the contract and shall be made available to interested parties upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.
Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the Contract: Class “A” or C-“12” and “C-8” License.
Substitution requests shall be made within 35 calendar days after the award of the Contract. Pursuant to Public Contract Code Section 3400(b), City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Contract Documents be used for the Project.
Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.
City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by City from the BASE BID ALONE. City reserves the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the bidding process.
For further information, contact [PLANET BIDS WEBSITE], at [https://pbsystem.planetbids.com/portal/39495/bo/bo-search].
END OF NOTICE INVITING BIDS
APPENDIX “B”
BID SCHEDULE
BID SCHEDULE 1
PAVEMENT REHABILITATION AT TWENTY-ONE LOCATIONS - PROJECT NO. 13511 ITEM
NO. ITEM DESCRIPTION
UNIT OF
MEASURE
EST.
QTY. UNIT PRICE ITEM COST
1. Mobilization/ Clearing and Grubbing LS 1
2. Traffic Control LS 1
3. Stormwater Pollution and
Prevention Plan and NPDES
Compliance
LS 1
4. Construct PCC Curb & Gutter per
City of San Bernardino Standard
200, Type B to match existing;
Mill all curb cuts
LF 343
5. Construct PCC Curb per City of
San Bernardino Standard 200,
Type A to match existing; Mill all
curb cuts
LF 25
6. Construct PCC Curb Access
Ramp With 3' x 4' Cast-in-Place
Truncated Dome Surface, Min 5’
Transition Panels, Curb & Gutter
and AC Slot Patch
EA 183
7. Construct PCC Curb Access
Ramp over existing culvert with
3’ x 4’ Cast-in-Place Truncated
Dome Surface, Min 5’ Transition
Panels, Curb & Gutter and AC
Slot Patch, Includes Rebuilding
And/Or Replacing Deck Drain
Lid, Manhole Ring, Cover Slim
Ring & Cover.
EA 8
8. Construct PCC Sidewalk, bypass
and/or transition panel over
subgrade compacted to 95%
Relative Compaction per City of
San Bernardino Standard 202;
Mill all curb cuts
SF 418
9. Construct PCC Spandrel and/or
Cross Gutter per Standard 201
and per project plans and
specifications
SF 2100
10. Adjust Utility Manholes to Grade.
Sewer, Storm Drain, Gas and
Water Valves. Slip Cans shall be
adjusted to finish grade at time of
paving. Slip Can are considered
part of the paving
EA 140
11. Tree / Stump Removal EA 6
12. Cold Mill 3” Uniform depth – Full
Street Width per project plans
and specifications
SF 474,965
13. Cold Mill 4” Uniform depth – Full
Street Width per project plans
and specifications
SF 429,182
14. Cold Mill 5” Uniform depth – Full
Street Width per project plans
and specifications
SF 99,229
15. AC Over 95% compacted native
per project plans and
specifications
TN 35,142
16. Over Excavate Native Sub-Grade
In Roadway Uniform Depth – Full
Street Width per project plans
and specifications
CY 5253
17. Replace Existing Traffic Signal
Loop Detector Complete In Place
Per Caltrans Standard ES-5B,
Project Plans and Specifications
EA 24
18. Furnish and install Radarsign
Round Aluminum 14’ pole or equal
per project plans and specifications
EA 4
19. Install 4” of Thermoplastic Traffic
Striping, Signage, Pavement
Messages, Pavement Markings,
Continental Crosswalks And Glued
Down RPM’s, Completed In Place
Per Caltrans Standards A20A,
A20B, A24E, City of Los Angeles
LS 1
Standard S-481.1 and Specifications
20. California MUTCD Figure 9B-3
W3-3 EA 4
21. California MUTCD Figure 9B-3
W3-1 EA 11
22. California MUTCD Figure 2C-6,
W8-2 EA 5
23. California MUTCD Figure 2C-1
W13-1P, 15 MPH EA 5
24. California MUTCD R3-7R EA 1
25. California MUTCD Figure 2C-5
W14-1, 35 DEAD END EA 1
26. Paint Red A-Curb (Oak St.) LF 900
27. Furnish and Install 2”x2” Squared
Galvanized Steel post w/ break
away safety system. Per San
Bernardino City standard 504.
Include red signpost reflector panel
for Stop Signs.
EA 16
28. Blue Raised Pavement Markers per
CalTrans 2023 Standard Plan A20A
Type D EA 74
29 Furnish and install 2 Rectangular
Rapid Flashing Beacon (RRFB)
systems.
EA 2
30. Project Construction Signs per
Active Construction Location LS 2
BASE BID (BID ITEMS # 1-30) TOTAL $
TOTAL BID PRICE BASED ON BID SCHEDULE 1
$
Total Base Bid in Numbers
Total Bid Price in Words:
BID SCHEDULE 2 (TDA ARTICLE 3 GRANT)
NO. ITEM DESCRIPTION
UNIT OF
MEASURE
EST.
QTY.
UNIT
PRICE ITEM COST
1. Mobilization LS 1
2. Traffic Control - Furnish, install, and maintain all traffic control devices per California MUTCD. LS 1
3. Highland Ave @ Waterman Ave WB (stop ID 368) -
Remove Sidewalk and Construct PCC Sidewalk,
bypass and/or transition panel over subgrade
compacted to 95% Relative Compaction per
City of San Bernardino Standard 202; Mill all
curb cuts
SF 420
4. Highland Ave @ Waterman Ave WB (stop ID 368) -
Remove PCC Curb & Gutter and Construct PCC
Curb & Gutter per City of San Bernardino
Standard 200, Type B to match existing; Mill all
curb cuts
LF 60
5. Highland Ave @ Sierra Way WB (Stop ID 5721) -
Remove Sidewalk and Construct PCC Sidewalk,
bypass and/or transition panel over subgrade
compacted to 95% Relative Compaction per
City of San Bernardino Standard 202; Mill all
curb cuts
SF 320
6. Highland Ave @ Sierra Way WB (Stop ID 5721) –
Remove PCC Curb & Gutter and Construct PCC
Curb & Gutter per City of San Bernardino
Standard 200, Type B to match existing; Mill all
curb cuts
LF 40
7. Mill St. @ Mt Vernon Ave EB (Stop ID 6518) -
Remove Sidewalk and Construct PCC Sidewalk,
bypass and/or transition panel over subgrade
compacted to 95% Relative Compaction per
City of San Bernardino Standard 202; Mill all
curb cuts
SF 480
8. 9th St. @ Mt Vernon Ave EB (Stop ID 5735) -
Remove Sidewalk and Construct PCC Sidewalk,
bypass and/or transition panel over subgrade
compacted to 95% Relative Compaction per
City of San Bernardino Standard 202; Mill all
curb cuts
SF 250
9. 9th St. @ Mt Vernon Ave EB (Stop ID 5735) –
Remove PCC Curb & Gutter and Construct PCC
Curb & Gutter per City of San Bernardino
Standard 200, Type B to match existing; Mill all
curb cuts
LF 50
10. Highland Ave @ Mountain WB (Stop ID 5289) -
Remove Sidewalk and Construct PCC Sidewalk,
bypass and/or transition panel over subgrade
compacted to 95% Relative Compaction per
City of San Bernardino Standard 202; Mill all
curb cuts
SF 440
11. Highland Ave @ Mountain WB (Stop ID 5289) –
Remove PCC Curb & Gutter and Construct PCC
Curb & Gutter per City of San Bernardino
Standard 200, Type B to match existing; Mill all
curb cuts
LF 50
12. Sierra Way @ Highland Ave SB (Stop ID 61) -
Remove Sidewalk and Construct PCC Sidewalk,
bypass and/or transition panel over subgrade
compacted to 95% Relative Compaction per
City of San Bernardino Standard 202; Mill all
curb cuts
SF 480
13. Kendall Dr @ H St WB (Stop ID 5549) - Remove
Sidewalk and Construct PCC Sidewalk, bypass
and/or transition panel over subgrade
compacted to 95% Relative Compaction per
City of San Bernardino Standard 202; Mill all
curb cuts
SF 350
14. Kendall Dr @ H St WB (Stop ID 5549) – Remove
PCC Curb & Gutter and Construct PCC Curb &
Gutter per City of San Bernardino Standard
200, Type B to match existing; Mill all curb cuts
LF 20
15. 3rd St @ Waterman Ave EB (Stop ID 7709) –
Remove Sidewalk and Construct PCC Sidewalk,
bypass and/or transition panel over subgrade
compacted to 95% Relative Compaction per
City of San Bernardino Standard 202; Mill all
curb cuts
SF 240
16. 3rd St @ Waterman Ave EB Stop ID 7709 – Remove
PCC Curb & Gutter and Construct PCC Curb &
Gutter per City of San Bernardino Standard
200, Type B to match existing; Mill all curb cuts
LF 60
17. 16th St @ California St EB (Stop ID 6454) - Remove
Sidewalk and Construct PCC Sidewalk, bypass
and/or transition panel over subgrade
compacted to 95% Relative Compaction per
City of San Bernardino Standard 202; Mill all
curb cuts
SF 160
18. 16th St @ California St EB (Stop ID 6454) – Remove
PCC Curb & Gutter and Construct PCC Curb &
Gutter per City of San Bernardino Standard
200, Type B to match existing; Mill all curb cuts
LF 40
BASE BID SCHEDULE 2 TOTAL $
A-2
APPENDIX “C”
CONTRACTOR SUBMITTALS
TOTAL BID PRICE BASED ON BID SCHEDULE 2
$
Total Base Bid in Numbers
Total Bid Price in Words: