No preview available
HomeMy WebLinkAbout1998-239 BOUND DOCUMENT . 1 RESOLUTION NO.~8-239 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AWARDING A CONTRACT TO GILBERT AYALA AND SONS, INC. FOR IMPROVEMENTS IN RIALTO A VENUE FROM RANCHO A VENUE TO 900 4 FEET WEST--RETAINING WALL AND SIDEWALK PER PLAN NO. 9763 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. GILBERT AYALA AND SONS, INC. is the lowest responsible bidder 8 for: Improvements in Rialto Avenue from Rancho Avenue to 900 feet west--Retaining wall and 9 sidewalks per Plan No. 9763. A contract is awarded accordingly to said bidder in a total 10 amount of $67,758.22, but such award shall be effective only upon being fully executed by both 11 parties. All other bids, therefore, are hereby rejected. The Mayor is hereby authorized to 12 13 execute said contract on behalf of the City; a copy of the contract is on file in the office of the 14 City Clerk and incorporated herein by reference as fully as though set forth at length. 15 SECTION 2. This contract and any amendment or modifications thereto shall not take 16 effect or become operative until fully signed and executed by the parties and no party shall be 17 obligated hereunder until the time of such full execution. No oral agreements, amendments, 18 modifications or waivers are intended or authorized and shall not be implied from any act or 19 20 course of conduct of any party. 21 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 22 within sixty (60) days of the passage of this resolution. 23 III 24 III 25 26 III 27 28 . . 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 .98-239 RESOLUTION...A WARDING A CONTRACT TO GILBERT AYALA AND SONS, INC. FOR IMPROVEMENTS IN RIALTO A VENUE FROM RANCHO A VENUE TO 900 FEET WEST--RETAINING WALL AND SIDEWALK PER PLAN NO. 9763 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and regular Common Council of the City of San Bernardino at a _meeting thereof, held on thel21Jtay of AUglls:t;-1998, by the following vote, to wit: Council Members: ABSTAIN ABSENT AYES NAYS ESTRADA x LIEN x ARIAS ----X... SCHNETZ x DEVLIN x ANDERSON ----X... MILLER x ~~ The foregoing ordinance is hereby approved this /f;hL day of Auaust ,1998. Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ~ t. p~~ o I l I I I I I I I I I I I I I I I I I I 08/18/1998 Item 112 Res 98-239 f'" vi c,l.~ '(j) v ,\ .. C; ,-" , ____. FILE NO. 1. 7102 ACCT. NO. 129-367-5504-7102 CITY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCtlHENTS PLUS AND SPECIAL PROVISIONS NO. 9763 FOR STREET IMPROVEMENTS AT RIALTO AVENUE FROM RAIICKO AVENUE TO 900' WEST DIVISION OF ENGINEERING DEPARTMENT OF DEVELOPMENT SERVICES CITY OF SAN BERNARDINO MARCH, 1998 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON JULY 14 , 1998 EX/-HBIT tiN! I . I I I I I I I I I I I I I I I I I I 98 239 FILE NO. 1. 7102 W.O. NO. 7102 ADDENDUM NO. ONE FOR STREET IMPROVEME1~S AT RIALTO AVENUE FROM RANCHO AVENUE TO 900' WEST PLAN NO. 9763 The Special provisions for this project are hereby amended as follows: Enclosures: Bid Item No. 7 "Asphalt concrete pavement overlay". The quantity has been revised. Bid Item No. 8 "Construct Retaining Wall Various Heights". The quantity and bid description have been revised. Bid Item No. 13 - "Install 42" Metal Hand Railing". The quantity has been revised. Add Bid Item No. 14 "Class II Aggregate Base". Add Bid Item No. 15 "construct Retaining Wall various Height (6'-0" to 10'0") Add SECTION 15 "AGGREGATE BASE MATERIAL" All bidders shall indicate receipt of Addendum No. One in their bid. By: /' I ~~//zg~ city Engineer Date: 7-~-9S I I I I I I I I I I I I I I I I I I I 98 239 BID SCHEDULE PLAN NO. 9763 ITEM OUANTITY UNIT DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS PRICE TOTAL 6. 266 L.F. Construct P.C.C. Curb and Gutter, Type "B", at per L.F. 7. 90 TONS Asphalt Concrete Pavement and overlay, at per TON 8. 216 L.F. Construct Retaining Wall Various Heights (3'-4" to 6'0"), at per L.F. 9. 120 L.F. Install 60" Chain Link Fence (Commercial Chain Link Fence), at per L.F. ADDENDUM NO. ONE FILE NO. 1. 7102 07/08/1998 I 98 239 I BID SCHEDULE I PLAN NO. 9763 I DESCRIPTION OF ITEMS WITH ITEM OUANTITY UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL I 10. 1 EACH Reset Existing Mail Box, at I per EACH I 1l. 4 EACH Relocate Existing Roadside sign on Single Post, at I per EACH I 12. 2 EACH Adjust Water Meter to Grade, at I I per EACH 13. 90' L.F. Install 42" Metal Hand Rail- I ing, at I per LIN. FT. I 14. 96 TONS Class II Aggregate Base, at I per TON I I I ADDENDUM NO. ONE FILE NO. 1. 7102 I 07/08/1998 I I I I I I I I I I I I I I I I I I I as 239 BID SCHEDULE PLAN NO. 9763 ITEM OUANTITY DESCRIPTION OF ITEMS WITH UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL 15. 216 L.F. Construct Retaining Wall at Various Heights (6'-0" to 10'0"), at per LIN. FT. TOTAL BID $ NOTE: The unit shown in for each inserted price must be written in words and also figures. The total price must be extended item of work and the total of all items in the space provided. ADDENDUM NO. ONE FILE NO.1. 7102 07/08/1998 I I I I I I I I I I I I I I I I I I I 98 239 SECTION 15 15-1 AGGREGATE BASE 15-1. 01 GENERAL Aggregate base shall comply with requirements of Section 200-2, "Untreated Base Materials", and section 301-2, "Untreated Base", of the Standard Specifications and these Special provisions for crushed aggregate base. Crushed rock for aggregate base shall be 3/4 inch. 15-1.02 PAYMENT The contract unit price paid per ton for aggregate base shall include full compensation for doing all the work involved in preparing the subgrade and placing material as shown on the Plans and as directed by the Engineer, and no additional compensation will be allowed therefor. ADDENDUM NO. ONE FILE NO. 1. 7102 07/08/1998 I I I I I I I I I I I I I I I I I I I 98 239 Engineer's Estimate $ 86,263.00 NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for proposals for: STREET IMPROVEMENTS AT RIALTO AVENUE PROM RANCHO AVENUE TO 900' WEST in accordance with Special provision No. 9763 on file in the Office of the city Engineer, Third Floor, San Bernardino City Hall. Deliver all bids to the City Engineer's Office, Third Floor, city Hall, 300 North "D" Street, San Bernardino, California, with the Specification title and number clearly marked on the outside of the envelope. Said bids or proposals will be received up to the hour of 2:00 p.m., on July 14 , 1998, at which time all of said bids or proposals will be publicly opened, and examined and declared in the City Engineer's Conference Room, Third Floor, City Hall. No bid will be received unless it is made on a proposal form furnished by the city. All bids or proposals shall be signed, sealed and accompanied by cash, cashier' 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 de- layed, 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 10% 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. I I I I I I I I I I I I I I I I I I I 98 239 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. said prevailing rates of wages shall conform to II General Prevailing Wage Determination made by the Director of Industrial Relations", filed in the office of City Clerk, which are made a part of said Resolution No. 90-358 and amendments thereto. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in section 22300 of California Government Code and Section 10263 of the California Public Contract Code. 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 discrimin- ation 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 Bernar- dino. The Contractor shall possess a Class "A" License or other ADDroDriate License at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 3S percent of the contract price. A Pre-Bid Meeting will be held on Tuesday , July 7. 1998 , at 2:00 PM , at the office of the Director of Public Works/City Engineer, city Hall, Third Floor, 300 North "D" Street, San Bernardino, CA 92418. This meeting is 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. The City of San informalities or Specifications, or Bernardino reserves the right to waive any inconsequential deviations from contract to reject any and all bids. I I I I I I I I I I I I I I I I I I I 98 239 No bidder may withdraw his bid within 45 working days from the date of bid opening. Plans and Specifications may be obtained from the City Engineer's Office, third floor, city Hall, 300 N. "D" street, San Bernardino, California 92418, upon a non-refundable payment of $ 15.00 for each set. CITY OF SAN BERNARDINO I! ' ' ''I' . , /.d'4{j( !/~ff1"'~ CHEL C City Cler NOTICE TO ADVERTISE SPECIFICATION NO. 9763 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE 6/12/98 and 6/17/98 SECOND PUBLICATION FIVE DAYS LATER SIGNATURE DATE I I I I I I I I I I I I I I I I I I I 98 239 PROPOSAL 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 STREET IMPROVEMENTS AT RIALTO AVENUE PROM RANCHO AVENUE TO 900' WEST in strict conformity with Plans and special provisions No. 9763. City of San Bernardino, Department of Public Works, and also in accordance with Standard Specifications for Public Works Construction, 1997 Edition. Undersigned proposes and agrees if this proposal 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: I I I I I I I I I I I I I I I I I I I n 239 ITEM OUANTITY 1. 1 2. 1 3. 1 4. 360 5. 2,780 UNIT L.S. L.S. L.S. S.F. S.F. BID SCHEDULE PLAN NO. 9763 DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS MObilization at the Lump ~ price of ~~ t-V"\l'lllc../).r1d_ 11 16 fll1d 1)0 . Traffic Control at the Lump Sum price of ---- ~: :ft61,'~i7~1f~~ Clearing & Grubbing, Un- classified Excavation and Unclassified Fill at he Lump Sum price of'./' ( C. Construct P.C.C. Commercial Driveway AP~oach, Tyae II, at --rl')(u~. a/It! (5 tn;; 1S/,lfl per SQ. FT. PRICE TOTAL L.S. If 'IOOD. 09 L.S. ~ 2-, 3.1D. Ii] L.S. fJ 1~,Sa5. ~ $ I, 3esD'~ cons~uct p,c,c1 si~walk, at -r tU 0 () Il~ ,"0 Qa (pO l5rl 4 7, J.:J,<6 ~ per SQ. FT. I I I II I I I I I I I II I I I I I I I 98 239 ITEM OUANTITY 6. 266 7. 90 8. 216 9. 120 UNIT L.F. TONS L.F. L.F. BID SCHEDULE PLAN NO. 9763 DESCRIPTION OF ITEMS WITH UNIT PRICE WRITTEN IN WORDS construct P.C.C. Curb and G1,l.tter, Type "B", at t:;1t.vU) do"IiV"~ 0 fltJ 'tJ)},I'J:'. . 1/ 11.60 per L.F. PRICE TOTAL fl 3,lfJ1. Ii] Asphalt Concrete Pavement and Overlay, at ~ ~i y f'J Vld OO/'hQ iJ 5/6t./D. <8. JJ 1/ /,6 <g D. of!. .dI ~ .a&5. hJ]. .f f)(. . iJV per TON Construct Retaining Wall Various Heights (3'-4" 6'0"). at 0 QJyj 00 Ian ~...,. .. 5&; OJ per L.F. Install 60" Chain Link Fence (comm~6ht~p ~a~n n7tk Feyce) I at "Torl' IArl,. '&~ I"". . s ~.t~ per L.F. ADDENDUM NO. ONE FILE NO. 1. 7102 07/08/1998 I ! I I I I I I I I I I I I I I I I I I I 98 239 BID SCHEDULE PLAN NO. 9763 DESCRIPTION OF ITEMS WITH ITEM OUANTITY UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL 10. 1 EACH ~ting Mail BOX! at ilaSD .@ UJ tl d .Pft+.do IIUS ~ /l<1/\. tP per EACH ll. 4 EACH ill.ci>'D . tJJ- J I~D./P per EACH 12. 2 EACH Adjust 1ater Meter to Grade, at Q1Je 1u /11'1/-(1 dol/cuI<., i/ JOO' liJ 4.11 d /Jol,,}D . ( ITJD. ov per EACH 13. 90' L.F. Install ~I ~et1ioHand Rail- ing, at .(: 1 D dolltLY6 tJ ~,7/1S.~ c,:j 1,6[') . i ~::t..c15 per LIN. FT. 14. 96 TONS Clas~ I~ Agg,Je;!t; Base, at I J /1Cf5. if!; -rh}{ vi. tJ 5 /1 ,.1/1 '17 0 $I Z:P41 per TON ADDENDUM NO. ONE FILE NO. 1. 7102 07/08/1998 I I I I I I I I I I I I I I I I I I I I 98 239 In case of a discrepancy between words and figures, the words shall prevail. It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 working days from the date of the "Notice to Proceed", and shall be completed within 40 working days from the date of said notice. 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 proposal shall be paid to the city of San Bernardino as liquidated damages. act providing { oOt:5n'-kJ for the , FIRM NAME: BUSINESS ADDRESS: 0 SIGNATURE OF BIDDERS:~ " () ca t/dl'jO.;L If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individuals, co- partners composing the firm. If a corporation, state legal name of the corporation, also the names of the president, secretary, treasurer and manager thereof. 0ilJyf-f 0Ja/(J cfStfflS, M1c. DCI rlt1~~ - P{j,c"dmf +('J{) , Jrr(\{lie, Djli/Il - V/{Js"knf. ~/.[..lafzr Teleohone No. (Qo0l <i<f:~' 7 ?-f1D Dated: ju..L~_ 1'-1 , 1998 BIDDERS ACKNOWLEDGEMENT 01' ADDENJUKS: ADDENDUM NO.1 '0f ~ 0- DATE: ~ ADDENDUM NO. 2 DATE: ADDENDUM NO. 3 DATE: I I I I In compliance with the provisions of section 4100-4110 of California Public I Contract Code of the state of California, and any amendments thereof, each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. I I I I I I I I I I I I I I 98 239 G,\\)y+ ~ 6UY101.-c~IC, BIDD FIRM NAME DESIGNATION OF SUB-CONTRACTORS Name & Address Under Which Subcontractor Licensed Agency of MBEjWBE certification and Number (If ADDlicablel Sub-Contractor Phone No. Sub-Contract Amount Specific Description Jlko('(\ ~Pr'{P, ~ Jt&.9SJ. - . cJ'U..\Y\ L(\L- .tV1r I' 4- 4:)" hl1rrJn:u~ L I I I I I I I I I I I I I I I I I I I ~8 239 CERTIFICATION I am aware of, will comply with, section 3700 of the Labor Code, requiring every employer to be insured against liability for Worker's Compensation or to undertake self-insurance before commencing any of the work. Contractor: NAME OF FIRM:.GJlrYV-+ ~l f; $UYJS;J:v.1c BY:~(':"-- 0- ~ R / TITLE: {~5. DATE:~~ I I I I I I I I I I I I I I I I I I I 38 239 (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) NON-COLLUSION AFFIDAVIT To the City of San Bernardino, State of California, Department of Public Works/Engineering: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Jlw( SUbs9~ibed and sworn to before me this Iv- 19..2L. /-cJ ~.::;.o/L- Notary pWOlic in and for the county of --S:>1'7 ~r1J,l/'c.~---d , state of California. ~x: /a&t./ ...Stm /-;1/ flat dt~(~ LA / q!Jifo;;,- Business Ad ress /~IJ5J :1/Jf1RW2e (lj /tAU q()(J)3 Place of sidence My commission expires on 1.7'--" W. JOHNSON t j'i.",-, ..:t COMM. N10738O' Z ~ t:i4. NOT AfW PUBLIC. CAUFORNIA 3: -. SAN IEANARDINO COUNTY ... My Comml..lon I.plt.. O;tob.r 14, 1999 '~ . Signa~f ~L Bi er day of JZt /66 lu' /</ 1919. I 98 239 I I BID BOND I KNOW ALL MEN 8Y THESE PRESENTS, BOND NO. 50633-11 PREMIUM INCLUDED IN PERFORMANCE BOND I Thffiwe, GILBERT AYALA AND SONS, INC. as Principal, and INDEMNITY COMPANY OF CALIFORNIA a corporation I authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto THE CITY OF SAN BERNARDINO I (hereinafter called the Obligee) in the full and just sum of NOT TO EXCEED TEN THOUSAND FIVE HUNDRED AND NO/lOa I Dollars, ($ 10,500.00 ) for the payment whereof in lawful money of the United States, we bind ourselves, our I heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. I WHEREAS, the said PRINCIPAL has submitted the accompanying bid for STREET IMPROVEMENTS (9763) I NOW, THEREFORE, jf the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perlorm the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. I I I I Signed and Sealed this 9th day of JULY 1998 I I I GILBERT AYALA AND SONS.~C. (0c , C;~ I 8y: MIC Attorney-in-Fact Principal I 10 114 (Bid Bond) I I I I I I I I I I I I I I I I I I I 10.,,, \<,,'6.'9' 98 239 STATE OF CAL IFOIU'lIA } 55. COUNTY OF SAN BERNARDINO On JULY 9, 1998 , before me, MARIE T. ROUSSERE, NOTARY PUBLIC PERSON ALL Y APPEARED MICHAEL J, HENSEL , personally known to me (or pro\'ed to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isl are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in hisl her/their authorized capacity(ies), and that by his/herl I @ _lET. ROUSSER' I their signature(s) on the instrument the person(s), or the <:l' COMM. #1133238 o:l entity upon behalf of which the person(s) acted, executed t;.. NOTARY PUBLIC. CAUFOANIA ~ the instrument. al SAN BERNARDINO COUNTY ~ WT m: h,od =d O"'d'l)",.) I My Comm. Expires Apr. 9, 2001 I S"",,;;jJ/;j)"e ,e>'11 L.t-&M.I;e. / This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER BID BOND TITLE OR TYPE OF DOCUMENT TlTlE(S) o PARTNER(S) o LIMITED o GENERAL ONE [K] ATTORNEY-IN-FACT NUMBER OF PAGES o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: JULY 9, 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NONE INDEMNITY COMPM,Y OF CALIFORNIA SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT I 98 238 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY p.o. BOX 19725. IRVINE. CA 92623' (714) 263-3300 N~ 0 5 1 1 1 7. I NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void it altered or if any portion is erased. 3. I This Power of Attorney is void unless the seal is readable. the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attomey(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly. hereby make, constitute and appoint I ***Michael J. Hensel, Marie T. Roussere, jointly or severally*** I I tHe true and lawful Attorney(sHn-Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) In any single undertaking; giving and granting unto said Attomey(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each of said corporations full power of substitution and revocation: and all of the acts of said Attomey(s)-ln~Fact. pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: I RESOLVED. that the Chairman of the Board. the President and any Vice President of the corporations be. and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations. bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; I RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. I IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February, 1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY I By .0 . By ~~ Walter Crowell Secretary I Dant . Vincenti, Jr. esident ATTEST I By A&~ By Secretary I STATE OF CALIFORNIA COUNTY OF ORANGE 1 158. I I On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exec;uted the same in his/her/their autl10rized capacity(ies}, and that by his/her/their signature(Sl on the instrument the person{s). or the entity 'Joon behalf of which the person(sl acted, executed the instrument. WITNESS my hand and official seal. I Signa,",e~AhY ~ I CERTIFICATE r~g;; 1'1" HRI,e L' BElL IIII llQ COMM.I1119419 \l !i II> NOTNIY PUlllJ:. CALfORNIA It I " 0IW<<lE CWlTY I '1If1111. rTl~I~~r~:~;~. I The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of thiS Certificate. This Certjficate is executed in the City of Irvine, California. this..9...t.h... day of JULY .199~. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY I By ~(O~ L.C. Fiebiger Senior Vice President By ~(O~ L.e. FiebIger Senior Vice President I 10-313 REV. (3/97) I c ., :10 239 I I CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~-C<',C('-C<',C('...c<-.c<'.c<'..c<'~.Q:.q.&'~rt..e..<<~&(:e.<<-Q:-~~~-C<'"..c<'".c<'..c<'..c<'.c<',C(',Q(',C<'-C<',.c.c--C<',C('..c<'.c<'.c<'.c<"'..c<',o..,] ~ State of California .} ~ ~ County of 51/7 &1' X'J-lh~_-d ss, ~ ~ 9, ~ On '7.1<1, 98 , before me, te.). .J;:;J., r,ScTTv. ;.b>'z:;.ry i; /J), (1~ i !l DalO J) _ . Nam..,' nil> 01 0",,,, ('.g,. 'J". Do., N6"~ P,bli,') ~ ~ personally appeared ffil/1 /7'1 t!!2."rI/c. ~ ~ ~ Name(s) of Signer(S) \. .i? xpersonally known to me 9, P 9, P = proved to me on the basis of satisfactory 9, ~ evidence 9, ~ to be the person~ whose name(S) is/~ ~ :. subscribed to the within instrument and ~ ~ acknowledged to me that he/~/tl(€y executed ') g the same in his/~r/~ir authorized ~ (f 1 capacity(i)t), and that by his/j:ler/~ir 9, 8,,' ~. '.-> , W. JOHNSON signature~on the instrument the person~, or ~ " ~ ~ " COMM.11073801 2 the entity upon behalf of which the person(6) ') " :tz 'f-i .:t NOT ..."V PUIL1C . CAUFOANIA ~ ~ ; _" SAN SEIINA"DINO COUNTY - acted, executed the instrument. Ii 2 My Comml..lon "_I'" O'la"' ,.t, ,... ~ ~ WITNESS my hand and officiai seal. $ ? k) ~~ ~ ~ Place Notary Seal Above S ~ > ^ ~ ;> > ,~ ~ Q " .!.:' ~ o I' ~ !l ~ Capacity(ies) Clai{ned by Signjl!' ;.' < Signer's Name: J.)? ,Y' J1 Y ti:::./,<%. <L .~= Individual '/) (-17- Top of thumb here .~ "1-- Corporate Officer - Titie(s): rn's.,cU-",.f ..... - Partner - C Limited = General /' ~ Attorney in Fact ; ~ Trustee ~-) ~ Guardian or Conservator 3 ~ Other: ( ~ Signer Is Representing: (;/. / ~t/" I IfL-/td4- Y. h., +/lC' > 9 ~ I ~ ~ ^ ~xx.~<<;~<:~::'Z::.'1<:'~<<~..y<:''<X<<~'GC'C<}6:''''X'c..('<<.-<.C,(..'<XC(;~:<:'':':;I'"~:<<<<~D:'6(;;';:;':;'::;:<<'CZ~<<~-Q..~~~~~vj iC 1997 National Notary Association' 9350 De Solo Ave.. P.O. Boll. 2402 . Chalsworth, CA '3')13-2402 Proo. No. 5907 Reorder: Call ToU-Free 1.800.876.6827 OPTIONAL I I I I I I I I I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. > , I Description of Attached Docul1Ul9t , .(' . Title or Type of Document: b ;C{ "'k,:ry",:( -/ q L() Document Date: - - ( <'l Number of Pages: Signer(s) Other Than Named Above: //), U JS / J ~1 ~ fl-rJ-.. , Q ,: I I " ^ {> -\ 9, , RIGHT THUMBPRINT OF SIGNER ,: " ^ I I I I I I I I I I I I I I I I I I I I I I I :)8 239 SPECIAL PROVISIONS SECTION I SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, ~ 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 Specifi- cations the following terms are used, they shall be understood to mean and refer to the following: Aaencv - The city of San Bernardino. Board _ The Mayor and Common council for the city of San Bernardino. Enaineer _ The Director of Public Work/City Engineer for the city of San Bernardino. Laboratorv _ The laboratory to be designated by the city of San Bernardino to test materials and worked involved in the contract. Notice Advertisina for Bids Notice Inviting Bids. Standard sDecifications Standard Specifications for Public Works Construction. Other terms appearing in the Standard these Special Provisions, shall have the specified in Section 1-2, "Definitions", in fications. Specifications, and intent and meaning the Standard speci- In case of these Special precedence over conflict between the Standard specifications, and provisions, the special provisions will take and be used in lieu of such conflicting portions. SP-l I I I I I I I I I I I I I I I I I I I r '.... ~(j 239 SECTION 2 2-1 PROPOSAL REOUlREMENTS AND CONDITIONS 2-1.01 General -- Bids must submitted on the proposal form contained herein. All bids or proposals 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 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, 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 damage. Therefore, the city and the bidder agree that the proposal guarantee of 10% of the bid shall be paid to the city as a forfeiture. Bid bonds shall be underwritten by a surety company having a rating Best's most recent Insurance Guide of "A" or better. 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 or Proposer'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 15 % MBE and 5 % 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. SP-2 I I I I I I I I I I I I I I I I I I I !J8 239 POLICY 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 and proposers shall assist the City in implementing this policy by taking all reasonable 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' or proposers' good faith efforts to reach- out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder or proposer attended pre-solicitation or pre-bid meetings, if any, scheduled by the city to inform all bidders or proposers of the requirements for the proj ect for which the contract will be awarded. The City may waive this requirement if the bidder or proposer certifies it is informed as to those project requirements. (2) The bidder or proposer 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 or proposer 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 or proposer advertised for bids or proposals from interested business enterprises not less than ten calendar days prior to the submission of bids or proposals, 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 or proposer provided written notice of its interest in bidding on 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 SP-3 I I I I I I I I I I I I I I I I I I I n 23~) bids or proposals were required to be submitted. In all instances, the bidder or proposer must document that invitations for sub-contracting bids were sent to available MBEs, WBEs and other business enterprises for each item os work to be performed. The Mayor's help identify enterprises. Affirmative Action Office shall be available to interested MBEs, WBEs and other business (5) The bidder or proposer 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 or proposer provided interested enterprises with information about the Plans, Specifications and requirements for the selected sUb-contracting work. (7) The bidder or proposer 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 or proposals. (8) The bidder or proposer negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any enterprises, as determined by the city. As documentation the bidder or proposer 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 or proposer 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 or proposer. A determination of the adequacy of a bidders' or proposers' 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 propose because the bidder or the proposer 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 or proposer the opportunity to SP-4 I I I I I I I I I I I I I I I I I I I n 239 present evidence to the Mayor and Common Council in a public hearing of the bidders' or proposers' good faith efforts ~n making its outreach. In no case should the city award away pursuant to this program if the bidder or proposer makes a good fai th effort but fails to meet the expected levels of partici- pation. For the purposes of this pOlicy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code section 2000(f). Nothing herein restricts the discretion of the City to reject all bids or proposals in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. forth herein Departments the extent take effect modify their programs are The directions set immediately, and all city implementation programs to inconsistent with this policy. shall shall such SP-5 I I I I I I I I I I I I I I I I I I I 98 239 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1. 01 GENERAL -- Award of the contract will normally be made by the Mayor and the Common Council at the subsequent Council Meeting after opening of the bids. 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 Perfor- mance 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. SP-6 I I I I I I I I I I I I I I I I I I I ~8 239 SECTION 4 4-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. TIME OF COMPLETION AND LIOUIDATION DAMAGES 4-1.01 -- Attention is directed to the provisions in Section 6-1, "Construction Schedule and Commencement of Work", in Section 6- 7.1, "Time of Completion", and in Section 6-9, "Liquidated Damages", of Standard Specifications and these Special Provisions. The Contractor shall diligently prosecute the work to completion before the expiration of 40 WORKING DAYS from the date of the "NOTICE TO PROCEED". The Contractor shall pay to the City of San Bernardino the sum of $100.00 per day, for each calendar days delay in finishing the work in excess of the number of working days prescribed above. SP-7 I I I I I I I I I I I I I I I I I I I 98 239 SECTION 5 5-1 LEGAL REOUlREMENTS 5-1. 01 LIABILITY INSURANCE -- The Contractor's attention is directed to section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the City with a policy or certificate of liability insurance as prescribed therein, prior to execution of the contract. The Insurance Policy shall name the city of San Bernardino as additionally insured. The endorsement shall be provided by/or agent of the insurance company and shall be notarized to that affect. ACCORD Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) 5-1.02 WORKER'S COMPENSATION INSURANCE The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insur- ance", of Standard specifications, providing that the Contractor shall file a signed certification Certificate of Worker's Compensation Insurance before execution of the contract. 5-1.03 PAYMENT OF PREVAILING WAGE RATE -- The Contractor and all subcontractors shall pay each craft or worker employed on this project not less than the prevailing wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of the city of San Bernardino. The Engineer shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage shall comply with current rates and all updates. 5-1. 04 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code section 1776 (stats.1978, Ch. 1249). The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: SP-8 I I I I I I I I I I I I I I I I I I I c ,~. :.10 239 (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (c) Each Contractor shall file a certified copy of the records enumerated in sUbdivision (a) with the Engineer on a weekly basis. It will be the contractor's responsibility to submit the records enumerated in sUbdivision (a) for all his subcontractors, in addition to his own employees. Failure to submit the records enumerated in sUbdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. SP-9 . Alui' ~ie"'E~ij(,"I;aiii';INSt1R~NSBt~~~'fkt-~i~Ji(,*~4.~:r.1."1.:n~u,& F""'~ ..~ ~"i~,L",""./,!M.._,_ "".M.~,.."",,,-_.~.W"';' =",..j'"~~".",%7r,.,..."",.,.i@,#Z:W#~ 22 95 < PI . ;J b 23 Cl ~I~y C~FI~~~dS~~EDR~~:S ~~ .grEIN6=~~ , HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND IMMERCIAL ASSOCIATES INS, INC ALTER THE COVERAGE AFFORDED BY THE POliCIES BEl.O~~ 26 EM':' LA PALMA AVE COMPANIES AFFORDING COVERAGE , AH:<;:IM, CA 92807 COMPANY 714) 524-4949 FAX: 524-4940 A CNA-TRANSCONTINENTAL r IPS SERVICES, INC. P,O. BOX 10458 SAN BERNARDINO, CA. COMP'''NY B CNA-VALLEY FORGE I 92423-0458 COMPANY C CHUBB GROUP - FEDERAL INSURANCE COMP4HY I D :1.~~~r::':"r-:}~~~&*t~.$M!#~#Rtil1P~@~a@.rl%1.11WIDf:%tk@ilftWHWHMtWNg~tfvV;. :2~';l>...':.i~2t~~ 1.&5:..::~~:1:z:t;~;.Z~, ~IS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO E IN RED NAMED ABOVE FOR THE POUCY PERIOD DICATED. NOTWITHSTANDING AN'( REQUIREMENT. TERM OR CONDrTlON OF ANY CONTRA R 01: R 0 UMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROED BY THE POU E IBE EREIN IS SUBJECT TO All. THE TERI.'S. EXCLUS'ONS AND CONDrTlONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCE C S, T'YPE OF INSURAHCI POUCY NUMaER AVTOMO.ILE UAarLlTY U ANY AUTO 100 AU. OWNED AUTOS 00 SCHEDUlED AUTOS j i X I JoiIREC AUTOS Ii x I NON-OWNED A\1TO' R 1036929037 UMrrs .2 000 000 PRODUCTS . COM~IO' AGG .1 000 000 P!RSONA1. . ADV IklURY .1 000 000 EACH OCCURRENCE .1 000 000 FIRE DAMAGE (Any one 'hi 50,000 MEn ex,. (Any one Del'sonl . 5 000 COMBINED SINGLE UMIT '1 000,000 BOQIL Y INJuRY tP. ,*501'1) BODILY INJURY I. IP.~U COMMEJlCW.l3ENDAL UAIIUTY C'-"MS foWl. 00 OCC\JII OWN..... . CONTlOACTOR" "'IlT 1 0 2 2 a 75 7 6 9 PROPERTY OAMAGE : aAFlAGE UA8IUTY In ANVAuTO ~ I il I \ EXCESS UABIUTY I ~l UMBRElLA FORM n OTHER THAN UM8REL.LA FOAM I WOftKERS COMPlHSATlON AND EMPLOYERS' UAanJTY THE ""OPNE'TOllV PAATNERSJIXECtI'I'tW I OFFICEFlS ARE: I OTHER ! AuTO ONLY. lEA ACCIOENT . OTHER THAN AUTO ONLY: EACH ACCIOENT . AGGAEGA TE I . EACH OCCURRENce .3 AGGREGATE .3 S. I.R. 000,000 000 000 10 000 . STATUTORY UMITS EACH ACCIDENT . DISEASE - P"OUCY UMrT OISEASE . EACH EMPLOYEE I CONSTRUCTION 0 DRIVEWAY & IRRIGATION SYSTEM FOR BUILDING 520 @ 'ORMER NqRTON AIR FO E BASE-SPEC, #9321. THE CITY OF SAN BERNARDINO NAMED DITIONAL INSURED RE: GENERAL LIAB. - ENDT. ATTACHED. ~~~~I~':~.QJ:~.~~(~~.t.t.t[fNtiMI1::[:lf[~rFMffltijtWWIw .....w;-:.;...,_,;...;:. :::c::~Nt:a.tAttQfi.~~f#@W;~r@kN:{:/HDl:\H%{$mKi@lfl~tW;t:lttwmlt.t:~{):;:::;AEb: .......~~~~~..;~;b~~-~HE ~:;~~~.<.~~.~;.;;;;~...;~I~;;b~~;b~~'~.~~ IUORE TME EXPIRATION DATE THEREOF. THE ISSUINQ COMPANY W1LL r}.iE/.v/Jrl/o MAlL * 3 0 DAYS WRrrnN NOTICE TO THE CERTIFICATE HOLDER NAMUI TO THE LUT. / /rM ;/JMrI ic/ ~1/ ~!I:~ !<pf4./sI<N. N,#E/o/rI r/.!-#r/oMr:J.}...;.IrH THE 300 SAN CITY OF SAN BERNARDINO NORTH "D" STREET BERNARDINO, CA 92418-0001 iOftD25~Si31931y;:@m;~W%lmDnWn;jm%'iE'@;':;f:'Ni .......:-:.;.;,. I .:;::.;:>:.:.:.~: . 'Y". .......'i, GEIElW.UAlllITY . - - - ~ . PCLC'f 1UoIIlEIt- 1 nus ENDORSEMENT CHANGES THE POLICY. PlEASE READ IT CAREFULLY ADDITIONAL INSURED ----- OWNERS, LESSEES OR . CONTRACTORS (FORM B) 1'hIs endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABIUlY COVERAGE PARr - OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO PUBLIC WORKS/ENGINEERING 300 NORTH "0" STREET SAN BERNARDINO, CA 92418-0001 6& .' (Ifno entry appears above. Information required to complete this endorsement will be shown In the Declaratlons as appl1cab1e to this endorsement.) WHO IS AN INSURED (Section m Is amended to Include as an Insured the person or organizaUon shown In the Schedule. but only with respect to l1abll1ty arIsJng out of "your work:' for that Insured by or for you. f)(}-r... J -. J ~~ lke.tr Ac.trhl"Y":' S.Il A- fJ ('IJrA J..-1 J ~. AdttlJ. ,I, CG20 10 1185 )so ~~r Id"" 7 ~7 ~7 '111111 It IT IV ( t( "~lln f C-ftllf 11/~ d Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-ll I I I I I I I I I I I I I I I I I I I c" ~o 239 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED OUANTITIES -- If the total pay quantity of any item of work, subject to the provisions in section 3-2.2.1, "Increased or Decreased Quantities", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said section 3-1.2.1 and these Special Provisions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate, therefor, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the perfor- mance of 75 percent of the Engineer'S Estimate of the quantity at the original contract unit price. 6-1.02 SOUND CONTROL REOUIREMENTS comply with Chapter 8.54 of the City of Code and these Special Provisions. Sound control shall San Bernardino Municipal The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise levels. Said noise level requirements shall apply to all equipment on the job or related to the jOb, including but not limited to trucks, transit mixers or transient equipment that mayor may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. SP-12 II I I I I I I I I I I I I I I I I I I G8 23[1 6-1.03 PERMITS AND LICENSE -- The Contractor shall obtain a city Business Registration, prior to the execution of the contract. 6-1.04 EXTRA WORK -- Any extra work done shall conform to the provisions of section 3.3, "Extra Work", of the Standard specifica- tions, subject to the restrictions of section 20452 and 20455 of the Public Contract Code. However, equipment rental rates shall conform to State of California Business and Transportation Agency, Department of Transportation, Division of Construction, "LABOR AND EQUIPMENT RENTAL RATES", latest edition, unless the extra work is done for a negotiated price. 6-1.05 HOURS OF LABOR -- In the event that the Engineer is required by the contractor's operations to work more than forty (40) hours in any given week, or on any Saturday, Sunday, or Holiday, in the setting of Lines and Grades or performing inspections, the Contractor shall pay an amount to the city equal to one-and-a-half (1-1/2) times the Engineer's normal wages and fringe benefits. Such amount shall be deducted from the next progress payments. Designated legal Holidays are: January 1st, the third Monday in January, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the preceding Friday shall be designated a legal holiday. 6-1.06 PAYMENTS -- Attention is directed to Section 9-3, "Pay- ments", and 9-3.2, "Partial and Final Payment", of the standard Specifications and these special provisions. No partial payment will be made for any materials which are furnished but not incorporated in the work. The Contractor shall submit "As-Built" project drawings to the construction Engineer (City) prior to the release of final payment and/ or bonds. 6-1.07 PROJECT APPEARANCE neat appearance to the work. The contractor shall maintain a In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be dispos7d of concurrently with its removal. If stockpiling J.S necessary, the material shall be removed or disposed of weekly. SP-13 I I I I I I I I I I I I I I I I I I I 98 239 6-1. 08 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. Full compensation for conforming to the requirements of section 6 shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 6-1.09 ATTORNEYS' FEES -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expenses of the City Attorney, and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. SP-14 I I I I I I I I I I I I I I I I I I I OR 230 Jv , d SECTION 7 7-1 UTILITIES 7-1.01 GENERAL The location of all utility substructures that may affect the work shall comply with section 5, "Utilities", of the Standard Specifications and these Special Provisions. Certain companies, governmental agencies, or their contractors may be working within the construction area. certain utility facilities at various locations within the project limits may be removed, relocated, abandoned, or installed by companies' agencies' contractors. The Contractor shall exercise due caution to prevent any damage t%r movement of these utility facilities. Listed below are the utilities that may be affected, with the designated contact person: 1. GENERAL TELEPHONE COMPANY OF CALIFORNIA 1500 Crafton Avenue, Bldg. 125 Box 1-18 Mentone, CA 92359 Phone: (909) 794-8213 Attn: Chuck Austin 2. SOUTHERN CALIFORNIA EDISON COMPANY 25834 Business Center Drive Redlands, CA 92374 Phone: (909) 307-6788 Attn: Ben Murguia 3. SOUTHERN CALIFORNIA GAS COMPANY 1981 West Lugonia Avenue Redlands, CA 92373 Phone: (909) 335-7716 Attn: Rogelio Rawlins 4. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 300 North "D" Street San Bernardino, CA 92841 Phone: (909) 384-5405 5. COMCAST CABLE 1205 South Dupont Avenue Ontario, CA 91761-1536 Attn: Ellis williams Phone: (909) 988-2985 Attn: Jack Hays SP-15 I I I I I I I I I I I I I I I I I I I G8 .. 239 6. PACIFIC BELL COMPANY Right-of-Way Agent 3939 E. Coronado street, 2nd Floor Anaheim, CA 92807 Phone: (714) 999-5454 Attn: Larry Todd 7. AT & T Project Administrator Cable Engineering & Right-of-Way 101 E. Orangethorpe Avenue, suite 150 Anaheim, CA 92801 Phone: (909) 526-2556 Attn: stan Stephens 8. U.S. SPRINT COMMUNICATIONS Attn: outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 . Phone: (909) 874-7450 9. MCI TELECOMMUNICATIONS CORP. Pacific Division Attn: Jim Yoder 157 S. Lilac Avenue Rialto, CA 92376 Attn: Lynn Durrett Phone: (909) 421-5003 Attn: Jim Yoder 7-1. 02 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. SP-16 I I I I I I I I I I I I I I I I I I I 98 239 SECTION 8 8-1 DESCRIPTION OF WORK 8-1. 01 DESCRIPTION The work to be done consists, in general, of clearing and grubbing: unclassified excavation: unclassified fill: constructing commercial driveway approach, sidewalk and retaining wall of various heights; installing chain link fence; relocating roadside signs and mail box, adjusting water meter to grade: and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special provisions shall be performed, placed, constructed or installed. 8-1.02 CLEAN UP AND DUST CONTROL -- Clean up and dust control shall conform to provisions in section 7-8.1, "Clean Up and Dust Control", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the city making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. SP-17 I I I I I I I I I I I I I I I I I I I 98 239 SECTION 9 9-1 TRAFFIC 9-1. 01 GENERAL -- Attention is directed to section 7-10, "Public Convenience and Safety", of the Standard Specifications for Public Works Construction, 1997 Edition and these Special Provisions. Warning signs, lights, and devices for use in performance of work upon highways shall conform to the "Manual of Traffic Controls", 1990 Edition, published by the State of California, and the "Work Area Traffic Control Handbook", 1990 Edition, adopted by the City of San Bernardino, California. The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public. Convenience access to abutting properties shall be maintained whenever possible and as directed by the Engineer. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays, and designated legal holidays, after 3: 00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress on working days. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. The Contractor shall notify local authorities of his intent to begin work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrange- ments relative to keeping the working area clear of parked vehicles. All places of business and residences along the streets that are within the limits of any work shall be notified by the Contractor in writing at least five (5) days prior to commencement of work. This notification shall explain the sequence of work and indicate any restrictions of access. Verbal notification shall be given to all places of business and residences at least 18 hours in advance of commencing work that will affect access to and from their properties. All temporary traffic striping shall be done by the Contractor. Also, place temporary tape on all crosswalks. SP-18 I I I I I I I I I I I I I I I I I I I ~8 239 TURN RESTRICTIONS -- The Contractor shall post appro- restricting turns when directed to do so by the 9-1. 02 priate signs Engineer. 9-1.03 PARKING RESTRICTIONS Unless otherwise provided herein, the Contractor may post temporary "NO PARKING" signs within the area of work as required to facilitate construction operations, subject to approval of the Engineer. 9-1.04 TRAFFIC LANES -- Traffic lanes shall have a minimum width of 10 feet. A minimum shoulder width of 2 feet shall be provided adjacent to curbs, posts and other similar obstructions, and 5 feet shall be provided adjacent to any excavation, unless otherwise authorized by the Resident Engineer. 9-1. 05 PUBLIC CONVENIENCE -- During the progress of work, adequate provisions shall be made by the Contractor to accommodate the normal vehicular and pedestrian traffic along streets, roads, and highways, immediately adjacent to or crossing the work, so as to cause a minimum of inconvenience to the general public. The Contractor shall furnish, install, and upon completion of the work, remove all signs and warning devices required for directing, protecting, and detouring the public during construction. Emergency vehicles shall be permitted access at all times to any street. 9-1.06 PAYMENT Full compensation for furnishing and installing signs, lights, flares, barricades and other traffic control devices necessary to expedite passage of public traffic through the work area shall be considered as included in the lump sum prices paid for "Traffic Control" and no additional compensation will be allowed therefor. The provisions in this Section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. SP-19 I I I I I I I I I I I I I I I I I I I t1 '-, .Jb 239 SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL requirements of section specifications. MObilization shall 9-3.4, "Mobilization", comply with the of the Standard 10-1. 02 PAYMENT -- The contract lump sum price paid for "MObilization" shall be deemed to include the cost of work in advance of construction operation and not directly attributable to any specific bid item and no additional compensation will be allowed therefor. SP-20 I I I I I I I I I I I I I I I I I I I gS 239 SECTION 11 11-1 CLEARING AND GRUBBING UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL 11-1.01 GENERAL Clearing and grubbing, unclassified excavation and unclassified fill shall comply with section 300-1, "Clearing and Grubbing", Section 300-2, "Unclassified Excavation", and Section 300-4, "Unclassified Fill", of the Standard Specifications and these special Provisions. Clearing and grubbing shall include, but not be limited to the following items as shown on the Plans or as specified in the Special provisions. The fOllowing items shall be classified as clearing and grubbing: 1. Removing asphalt concrete pavement, A.C. dike and A.C. sidewalk as shown on the Plans, including saw cutting, and as directed by the Engineer. 2. Removing Portland Cement Concrete curb and gutter as shown on the Plans, incl uding saw cutting, and as directed by the Engineer. All removed concrete and other materials shall become the property of the Contractor and shall be disposed of outside of the right-of-way in accordance with Section 300-2.2, "Unsuitable Materials", and section 300-2.6, "Surplus Material", of the Standard specifications. The Contractor shall grade the roadway as required, provide all unclassified excavating and unclassified fill necessary for curbs, gutters, cross gutter and apron, sidewalk, retaining wall, and paving, as indicated on the Plans and described in these special Provisions. Excess and/or unsuitable materials shall be removed from the site by the Contractor. Where unclassified fill and grading is necessary in preparation for laying concrete, it shall be made with clean earth which shall be solidly compacted to avoid future settlement. Subgrade for asphalt concrete shall be compacted to a relative densi ty of not less than 95%, for a depth of not less than 0.50 feet. SP-21 I I I I I I I I I I I I I I I I I I I 98 239 Outside the traveled way, in areas to receive concrete shall be compacted to a relative density of not less than 90%. 11-1.02 PAYMENT The lump sum price paid for "Clearing and Grubbing", "Unclassified Excavation and "Unclassified Fill", shall be considered as full compensation for doing all the work involved in clearing and grubbing, and no additional compensation will be allowed therefor. Cost of compaction testing ordered by the Engineer shall be paid for in the following manner: 1. Test which do not meet the required relative compaction shall be paid for by the contractor, as a deduction from his contract. 2. Tests which do meet the required relative compaction will be paid for by the city. SP-22 I I I I I I I I I I I I I I I I I I I ~8 239 SECTION 12 THROUGH SECTION 13 BLANK SP-23 I I I I I I I I I I I I I I I I I I I 98 239 SECTION 14 14-1 ASPHALT CONCRETE 14-1.01 GENERAL -- Asphalt concrete shall comply with the re- quirements of section 203-6, "Asphalt Concrete", and Section 302-5, "Asphalt Concrete Pavement", of the Standard specifications and these Special Provisions. Class and grade of asphalt concrete shall be C2-AR-4000. A tack coat shall be applied as directed by the Engineer. Prior to placing the pavement reinforcing fabric or asphalt overlay, all cracks larger than 1/4-inch shall be cleaned and sealed with an approved hot-applied crack sealant. 14-1.02 ADJUSTING MANHOLE FRAMES AND COVERS AND VALVE COVERS TO GRADE -- Adjusting manhole and valve covers to grade after completion of paving shall be in accordance with subsection 301-1.6, "Adjustment of Manhole Frame and Cover Sets to Grade II , of the Standard Specifications and these Special Provisions. 14-1. 03 PAYMENT -- The contract unit price paid per ton for "Asphalt Concrete", shall include full compensation for doing all the work involved in placing material for overlays, crack sealing, adjusting exist:ing manhole frames and covers and valve covers to grade, and repair of street cuts as designated on the Plans, and as directed by the Engineer, and no additional or separate compensation will be allowed therefor. SP-24 I 98 239 I I SECTION 15 I BLANK I I I I I I I I I I I I I I SP-25 I I I I I I I I I I I I I I I I I I I I 98 239 SECTION 16 16-1 PORTLAND CEMENT CONCRETE 16-1.01 GENERAL portland Cement Concrete construction shall comply with Section 201-1, "Portland Cement Concrete", and section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and Driveways", of the Standard specifications, as shown on the Plans, Standard Drawings and these special provisions. Portland Cement Concrete shall be Class 520-C-2500, with a maximum slump of four (4) inches. 16-1. 02 SIDEWALK. CASE "A" Sidewalk, Case liB", shall be constructed in accordance with the city's Standard Drawing No. 200 (modified width as shown on the Plans), and as directed by the Engineer. 61-1.03 COMMERCIAL DRIVEWAY APPROACH commercial driveway approach shall be constructed in accordance with the city's Standard Drawing No. 204, as shown on the Plan and as directed by the Engineer. 16-1.04 CURB AND GUTTER. TYPE "B" Curb and gutter, Type "B", shall be constructed in accordance with the city's Standard Drawing No. 200, and as directed by the Engineer. 16-1. 05 PAYMENT The contract unit bid price paid per linear foot for "Curb and Gutter", shall include full compensation for doing all the work involved in constructing the curb and gutter as shown on the Plans, and as directed by the Engineer, and no additional compensation will be allowed therefor. The price paid per square foot for "P.C.c. sidewalk", and IIp.c.c. commercial Driveway Approach", shall include full compensation for doing all the work involved in preparing subgrade, form work, placing material, including cutting,a nd furnishing as designated on the Plans and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-26 I I I I I I I I I I I I I I I I I I I ~8 239 SECTION 17 THROUGH SECTION 22 BLANK SP-27 I I I I I I I I I I I I I I I I I I I :)1) 239 SECTION 23 23-1 ROADSIDE SIGNS AND POSTS 23-1.01 GENERAL Relocation of signs on single posts shall be installed at the locations shown on the Plan, or where directed the Engineer. Roadside signs on single post, shall be installed in accordance wi th the City's Standard Drawing No. 504, and as directed by the Engineer. 23-1.02 PAYMENT The contract unit price paid per each for "Relocate Roadside signs on Single Post" shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in relocating roadside signs on single posts, all complete in place as shown on the Plans, as specified in the Standard specifications and these special Provisions, and as directed by the Engineer, and no addi tional compensation will be allowed therefor. SP-28 I I I I I I I I I I I I I I I I I I I n 239 SECTION 24 THROUGH SECTION 26 BLANK SP-29 I I I I I I I I I I I I I I I I I I I 98 239 SECTION 27 27-1 CONCRETE STRUCTURES 27-1.01 CONCRETE STRUCTURES Portland Cement Concrete construction shall comply with Section 201-1, IIportland Cement Concrete", Section 303-1 "Concrete structures", and Section 201-2, "Steel Reinforcement for Concrete", of the Standard Specifications, as shown on the Plans, Standard Drawings and these Special Provisions. Concrete for structures shall be Class 560-C-3250 with a maximum slump of five (5) inches. Reinforced steel shall be Grade 60 per ASTM A-615 designation. Class 2 surface finish will not be required on any portion of the concrete structures. The quantities shown on the bid sheet for concrete for the various structures shall be considered final quantities for payment for these items unless the dimensions of the work shown on the Plans are revised by the Engineer. If such dimensions are revised, and such revisions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the changes in the dimensions. The estimated quantities for such specific portion of the work shall be considered as approximate only and no guarantee is made that the quanti ties which can be determined by computations, based on the details and dimensions shown on the Plans, will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities. 27-1.02 BONDING Joints between new and existing concrete shall be given surface preparation as follows: Joints made wi thin the mass of existing concrete by cutting, chipping, or grinding shall be cleaned free of all loose deleterious material by thorough brooming and by compressed air jetting. Original surfaces of existing concrete shall be cleaned free of bitumens, grease, paint, and other deleterious materials and clean aggregate of at least 3/8-inch size shall be exposed by abrasive blast cleaning or machine scarifying. SP-30 I I I I I I I I I I I I I I I I I I I r0 ~o 239 27-1.03 PAYMENT The contract price paid per linear foot for "Retaining Wall", shall include full compensation for structure excavation, structure backfill, and furnishing and placing all steel reinforcing, concrete, footings, rock and PVC pipe for drainage and for doing all the work involved in constructing all of the above, complete in place, as shown on the Plans, and as directed by the Engineer, and no additional compensation shall be allowed therefor. SP-31 I I I I I I I I I I I I I I I I I I I 98 239 SECTION 28 THROUGH SECTION 30 BLANK SP-32 I I I I I I I I I I I I I I I I I I I 98 239 SECTION 31 31-1 CHAIN LINK FENCE 31-1. 01 CHAIN LINK FENCE Chain link fence shall comply with the requirements of section 206-6, and Section 304-3, "Chain Link Fence", of the Standard Specifications and these Special Provisions. 1. Chain Link Fence a. Chain link fence shall conform to the requirements of ASTM A 392. The fabric shall be 9-gauge for all fencing. b. Size of mesh shall be 2 inches. c. Height of fabric shall be 72 inches except as noted on the Plans. 2. End Corner Slooe and Gate Post End, corner slope and gate post shall be round with a minimum outside dimension of 2.875 inches and have a minimum weight per foot of 5.79 lbs. 3. Line Post Line post shall be round with a minimum outside dimension of 2.375 inches and have a minimum weight per foot of 3.65 lbs. All posts shall be fitted with tops designed so as to fit securely over the posts and carry a top rail. 4. Too Rails and Bottom Rails Top rails and bottom rails shall be round with a minimum outside dimension of 1.660 inches and have a minimum weight of 2.27 lbs. per foot, weld to line gate and corner posts. 5. Tension Wires and Fabric Ties fabric ties shall be as follows: Tension wires and a. Bottom tension wires shall be at least 7-gauge galvanized coil spring steel wire. b. Ties used to fasten the fabric to posts and rails shall be not smaller than Il-gauge galvanized steel wire. SP-33 I I I I I I I I I I I I I I I I I I I 98 239 6. Truss or Tension Rods Truss or tension rods used in trussing gate frames and line posts adjacent to end, corner, slope or gate posts shall be adjustable 3/8 inch diameter galvanized steel rod. When used in trussing line post, adjustment shall be provided by means of galvanized turnbuckles. 7. Reoair of Damaqed coatinqs Repair of damaged zinc coatings shall comply with the requirements of section 210-3.5, "Repair of Damaged Zinc coating", of the standard Specifications. 8. Footinqs Footings for line post shall not be less than 36 inches deep and 8 inches in diameter. All other footings shall not be less than 36 inches deep and 12 inches in diameter. 31-1. 02 PAYMENT The contract unit price per linear foot for, "Chain Link Fence", complete in place, shall include full compensation for doing all the work involved in accordance with the details on the Plans, and no additional compensation shall be allowed therefor. SP-34 I ~8 239 I SECTION 32 THROUGH SECTION 45 I I BLANK I I I I i I I I I I I I I I I SP-35 I I I I I I I I I I I I I I I I I I I I I 98 239 SECTION 46 46-1 ADJUST WATER METER FRAME AND COVER TO GRADE 46-1. 01 GENERAL Adjustment of water meter frame and cover to grade, after completion or during the construction operation, shall be in accordance with Sub-section 301-1.6, "Adjustment of Manhole Frame and Cover Sets to Grade", of the Standard Specifications and these Special Provisions. The water meter frame and cover shall be adjusted to grade in accordance with the City of San Bernardino Municipal Water District Standard Drawings. 46-1.02 PAYMENT The contract unit bid price paid per each for "Adjust Water Meter to Grade", shall include full compensation for doing all the work involved in adjusting water meter frame and cover to grade, and no additional compensation will be allowed therefor. SP-36 I I I I I II I I I I I I I I I I I I I n" 2 3n .J C oj SECTION 47 THROUGH SECTION 49 BLANK SP-37 I I I I I I I II I I I I I I I I I I I c ,- .)0 239 SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL All existing improvements (except utilities and street pavements) including, but not limited to, curbs, gutters, crossgutters, spandrels, driveways, sidewalks, walls, fences, sprinkler systems, lawns, shrubs, trees, and traffic signs and traffic detector loops which are damaged or removed during the course of construction of the project shall be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, unless otherwise specified or noted on the drawings. The removal and restoration of existing improvements shall be in accordance with the applicable prov1s1on of these Special Provisions, the Standard Specifications, standard Drawing and the following requirements: 1. In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the contractor's operations, a minimum of 20 feet of curb, gutter or curb and gutter shall be removed and replaced regardless of how short a length is damaged. One end of said 10-foot section may be taken at a joint or scoring line and the other end shall be measured the minimum distance of 10 feet therefrom. If said 10 feet falls within 3 feet of a joint or scoring line, then the removal shall extend to said joint of scoring line. 2. Concrete sidewalk shall be removed in its entirety between scoring lines or between scoring line and joint. Prior to removal, scoring lines shall be sawcut. 3. If a concrete driveway is damaged and is a single mono- lithic structure, it shall be removed in its entirety and replaced. 4. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a sawcut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced. 5. If the stored signs and fences are damaged during the construction, they shall be restored or replaced to a condition equal or better than the existing. SP-38 I I I I II I I I I I I I I I I I I I I I I 98 239 Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of work. 50-1. 02 PAYMENT -- Full compensation for conforming to the requirements of this section, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed therefor. SP-39 I I I I I I I I I I I I I I I I I I I I 96 239 SECTION 51 THROUGH SECTION 54 BLANK SP-40 I I I I I I I I I I I I I I I I I I I go 239 SECTION 55 55-1 RESET MAILBOXES 55-1.01 RESET MAILBOXES Existing mailboxes shall be removed and rested on portable mounts consisting of redwood post set in concrete pedestals formed in 5-gallon cans or buckets in accordance with these special Provisions. Redwood posts shall be 4 "X4" nominal size, No.2, heart structural grade redwood S4S. Concrete for the pedestals shall be produced from commercial quality aggregates and cement and shall contain not less than 470 pounds of cement per cubic yard. During construction operations, the mailboxes shall be moves as necessary to clear the way for the Contractor's operations, but at all times shall be accessible for rural delivery. When construction is complete, the mailboxes shall be placed in final position and the pedestals shall be buried to the proper depth as directed by the Engineer. The bucket or can used to form the pedestal, if neat appearing in the opinion of the Engineer, may be left on the pedestal; otherwise, it shall be removed and disposed of prior to burial. After the mailboxes are installed in their final positions, the posts and the portions of pedestals above ground shall be given one coat of wood primer, Latex-Base, and 2 coats of paint, Latex-Base for Exterior Wood, White as manufactured by "Sinclair Paints", or approved equal. The primer and paint shall be furnished by the Contractor and testing will not be required. Existing groups of mailboxes, on single-post or multi-post supports, shall be removed and reset on 2-post portable mounts as herein specified for single-post mountings and shall be provided with a supporting cross member between the tops of the portable mounts. Two-post installations shall be considered as 2 units for payment purposes. Newspaper boxes on individual posts will be considered as mailboxes for measurement and payment. Newspaper boxes attached to existing mailbox post shall be removed and fastened to the new mailbox post and no separate payment will be made therefor. SP-41 I I I I I I I I I I I I I I I I I I I c " ,10 239 55-1.02 PAYMENT The contract unit price paid for each to "Reset Mailboxes", shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing the boxes, constructing the portable mounts, installing the boxes on the mounts, moving and setting up the portable mounts as required, and placing the mounts in final position, including all necessary concrete, excavation, backfill and painting, as specified herein before, and as directed by the Engineer, and no additional compensation shall be allowed therefor. SP-42 I I I I I II I I I , I I : I I I I I I I I I I 98 239 SECTION 56 TO SECTION 66 BLANK SP-43 I I I I I I I I I I I I I I I I I I I 98 239 SECTION 67 67-1 METAL HAND RAILING 67-1.01 GENERAL Metal hand railing shall comply with the requirements of Section 304-2 and section 206-5, "Metal Railing", and section 210-3, "Galvanizing", of the Standard Specifications, as shown on the Plans, Standard Drawings and these Special Provisions. 67-1.02 METAL HAND RAILING Metal hand railing shall be constructed in accordance with the American Public Works Association _ Southern California Chapter Standard Plan No. 606-1 as shown on the Plan and as directed by the Engineer. 67-1.03 PAYMENT The contract unit price per linear foot for "Metal Hand Railing", shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in constructing metal hand railing, footing, complete in place, as shown on the Plans, as specified in these specifications and the Special Provisions, and as directed by the Engineer and no additional compensation shall be allowed therefor. SP-44 ~ ClTY OF 5Ai'J E3EtzI-JACZ.olNO ST'A"-JOAIZD 96 238 E"t5T,~a -r"P'OGfZA"~-r 6YM60LS ,~ c.1!'t-lT"e:lZ. \.\ N I! -e.\.... --- elTV L..\MITS I I It-s [-~c:r II--I';"CONC. a/Ii' CZIGI-4T OF WAY \..II'IE s- eXI..TING, 5EWErz. 'N ---- D- c:.- C;XI~TrI'lG WATE/Z LINE EXISTIHG 5TOIZM DtzAlN l!''''STINQ GAlS I.INE UNo'ao. Tel.. COlolDUIT '1."M ----j' -- -Iz~r.o .COfllE-;-IIZlk-- E)('~T. l(zlZ.IG;AiIClIo.J l..INE. VNP'C,D. E1.C"=rrzIC CONO. e- .. STIZEET I.I(.iHTIi'lG, --514,---- .. Tl%AFF'IC SIC:;NAI... ---- F, - - .. FllZe AL.AlZM .. CUI..VElZ.T e,OARO FENCE. I!AIZ:e,e:O WIIZe: FENCe. CI-lAIN 1.INI$ ~l!l'Jce: WOVEt-J WIIZ.E FEIolCI!. P.C.C, eL.OCI~ WA1.l. ~I1.@AO T14:A\C"SS 1-4 EOGttt OIl%.E.CTIOIoJ Fl.OW OIl~T OI14.CTIOIoJ FL.oW PAV. TOP OF SI-O/De; Toe; OF SLOPE GUACZO lZAIl.lAlG ~C.C. 510EWA1.IS (D.4<;HED) ~ C.C, CIZIV!:WAY P.C,C ,C:Ulle ~ "-uHl!lZ. Tlt~e. (tl!CIOUOUS) ~ rrrr-""II'n""-"'fTI't--1JTt"-"1T1T"" ..llJL_-1lL-JlJl...-..J.Ui..- - - - - - ~ ~ E.Vl!IZC..ctI!EI\l (PINE I ETC ~ I~ , D BUIL.DI~ (i) oc.o. <;E.w!.lZ MAloll-101.e ;eWElZ C.1.'.1ol0UT @ ~TOIZ.M OIZAIN MA'HIOI.E <f)o~[ 1: J 'T'EI.EP\.lQIolE 1.4.ANIolOLE 014 V.MlL.T @ ~~J~" MAIJ\.lOl.e 014 VAUI.T @) ~~J WATE'lZ ~41ol1-101.e O~ "'),U1.1' @ ~l[] EL.ECTIZIC MAfoI\.lCll.lii Oil VA~I.T Q PI''''' EI.I!CTIZ.IC Oil. ie1.I!p\oIONIE POI.E ~ El.eCilZ.lC 'TOW&IZ. E-u- l; tlow~ GlJ"f FflZE. I-lVt)lZ.AloJi OW"" W.4TElZ. METE.1l:. ~ WATE~V.4I.YE ~ b 'Q-o .-. r-:,. ~ ........ =--e " q ... ~ :n: c510 '" 6 IJ 00 1j--L4. &--r, & " I CITY OF SAN I!oE2NA12DII-JO - PUBLIC WOl2.l-S5 DE'F'T. ~ VAl-Va El.rCTll.OI.IElt. It 1.1tc:T IZOl.lltlZ. CUPlt.IG~T) (ON MNOT AlZM) ,.IZ....,.I.: SIG""AL. ,.U,F'C SIGrIolA1. (01-1 MMT MI'M c-Ul.1". I&OX T'lZA"'C ~G"'41. CONl~L.SClt TIIAI'F.C. ~IGH~ ])/IT~crolt W"L~ . WAIT S'G1N~'" ~ " PA~'~ M.TE~ S. . 'TlUoFF'ICo C;1Q"" ~ STIf.&ET NAIw\l!. $IGl""' \l ~TOl"' 'iIGN '" lZ.lZ., ~~I~ ';IG'" ~ rut. Clto<;<; 1I,'Co, ~1"'IooIAL. <;l"lZIWll,I..E14 \oIEA'O DI!1.TA MoIa.1.E 1"0U04T , F'OI"'1' 0""' TAIJGl!NT u. S. MAIL. &0)( SECTION COIZNerz. 1/4 COltloolElt. AF'FIZOYe'D 1\1..", .l..1-. 19' " , - 9 cl/-I" JL/ CIT"!' ttNGiI"JEEIZ.. $ , , ~ , :? 'i ) ( ~ ::- > .z STANDARO ....0. St:? I I I I I I I I I I I I I I I I I I I 96 2]0 TYPE I PLAN ONSITE ORIVE AISLE CURS FACE X Y ~ 8 II 2.S' 2.S' ~ ~ ~ "., ~VI ~ ~ A --'Y-R1Df1E q. , ~ I ~ . E~JI. ..--- --T- - ~t lr- ~k_"'" I I "',," l I, I I 17W'!)! I :: ~ I -I .. Ion: Ir'DGE I IKIITIII' 011 PIIOPOSID 'IDIWALK f At6A"DEIeJJJ~ SI~III"'J.IC. Gnp-c.c. _--- WWE.eE " , "<<'UIr-, '" -' 10" 3.0' 2.0' ""AAI~Ift/Nt; .$/-~~- ~ ..... ---........- ... ... ... .... J i~ ~i~ i{:~ L 'X.y i ,I I- EXI'TIN' 011 PIIOPOIED CUll' AIID 'UTTER --- - - , -.....,..:.--- , ...-- , ~ . 1i1Y"'.H. f4,' E~. 0/1. CUll' ,ACI 'ULL NIIINT CUll' ( TYPICAL I A~ W 24' MIN. 36' MAX. lC TYPE II PLAN ONSITE DRIVE AISLE CURS FACE I . X 2.S' y ~ ~ VI H ~~ ~Ill _ Ml!.4IID1!Ie/IoIG- , oSIDf!WAHr:; I /V1I/iA?Z ~ " _ - - - Oetlt/1eS /?c.c. , , , , ----, ----- ---- ~f I /' .~ -I - --~~-- ~~ ,.. .., -- I I I ;e-"""r I 8" 1.0' 10" 3.0' 1.0' MEAA/_NA/t;~..... $i~If"'...,:t_t '.........___ ... ---~-- .... .... .....- ). ~ ~ ~ ., ~ n UIITI" 011 '110'0110 CUll' AND 'UTTIII i"k~,,,r; """Et I J (7yl') ~ f.-RJO(;.t. ;;; I , . ~:~ Oji~ IICI.TIN' 011 '110'0'10 'IPlWALIC 3' A --..J I w 3' X 24' MIN. 36' MAX. , PULL NII'"T CUll' (TYPICAL) CITY OF SAN BERNARDINO / PUBLIC WORKS DEPARTMENT COMMERCIAL DRIVEWAY APPROACH 1816 STANDARD NO. 204 INlET I 0' . I I I I I I I I I I I I I I I I I I I t) 239 PARKWAY WIDTH 111' MAJ(. 9.25' II'N. ~ PROPERTY LINE 410' ~ . .... HA.DICAP IV- Mil h,."'PT 1IAll. DRIVEWAY SLOPE f/.,t"'n. z ::TE :~~;:; ~"Exr ';;';"1 SECTION A-A (FOR PARKWAYS 14' OR LESS) PAA-,f(WAY W'OTH G"'~rE>'e T'IIAN /11' , .g,Z5,<('II. -""ERn'i.IIIE 4.,,' IIAVllleAP IY-IIJff(i .to~"/FT. .A/.41l. J r I I L.. ON ~E _IVEWAY ~- ~ ~E".,.IQ,;,t ~ .~ .... .,,\ .5l.0PE Y-r'/n: -- -- C..i:t:1Mo*'ACTZD FlU $J.,OPE NC1r 7l:J 6XCE8D /t:J;( SECTION A - A (FOR PARKWAYS GREATER THAN 14 ') NOTES: 1. SCORING LINES SHALL BE EQUALLY SPACED AT 10' O.C. MAXIMUM. THEY SHALl. BE 3/4" DEEP AND SHALL BE PLACED PRIOR TO LOSS OF FREE WATER. 2. THE 4'-WIDE HANDICAP BY-PASS SHALL BE FREE OF OBSTRUCTIONS AND SHALL SLOPE NO MORE THAN 1/4" PER FOOT. 3. DRIV~WAY APPROACH SHALL BE CONCRETE 520-C-2500'UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER, 4. IN INDUSTRIAL OR COM~ERCIAL AREAS WHERE THE REQUIRtMENT rUR SIDEWALK HAS BEEN WAIVED, THE 4'-WIDE RANDICAP BY-PASS SHALL BE DELETED. 5, TYPE II APPROACH SHALL BE USED TO FACILITATE INGRESS/EGRESS ON HIGH SPEED/HIGH VOLUME STREETS (35 MPH OR GREATER) WHERE DIRECTED BY THE CITY ENGINEER. COMMERCIAL DRIVEWAY APPROAC H CITY OF SAN BERNARDINO/PUBLIC WORKS DEPARTMENT APPROVED "... STANDARD NO. 104 SHEET II OF II I I I I I I I I I I I I I I I I I I I '40 ~J:J 96 239 .. / hVl.:t~ 13_.141111' VARIES (p' ,.; ~ol'e 7/Fr. l I LTYP/.::;4L iiJC4TfOAl ~l';"'IAI (/T/UTY TReNe;! WeAKENeO ~c JOINT CASE 7A" I'RErERREO 510EJ.lAi.l! lOCATION VARIES ~ 't/N06STR!ltrep H/PTK U ",.,M/. ~pe i"' 'rT l/)()'sE GRAVEL (ir A.( 1'Rf)N1617&O IN 11/15 AREA ,1" ~6 /'ffN. ~t.t $/PEWALK CASE "8" /"fAY IJc U.!JEO: I.) WHEN rRONTAGE IS lESS TIWtIN I~' AND SA/'fE ScC7'ION EXIST.!J aN 80TH .!JIDE.!J OF .lOT. .t:) ~OR I"IEAAlOcRfA!6 SfOEWAi.KS. -+- GENERAL NOTES: PROP046D ;/D6;,/_ I) CONCKETE ('/.A44 -NZ) -t'-.rJ1()() Z-) WEAKENED .-:ANE JO/N7".1 T" I"UTCN ('un ./dfNT .4.1 oIRECTS"'Y 71IE, ENd/NIlE/? 8:) CURINtS CO,.,R;lQNO SNAa .e $I'R,4YEO I/NIRJe/tfI.Y ON AU. EXPOSEO 4f/RNlCI$ I'Ft'OA: TO THE EVA~IV DF .IQRMCE ~TEI? '.f!J!I~~E TYPICAL SIOEJVAU TRANSITION CITY OF SAN BERNARDINO PUBLIC WORKS DEPT. APPRQVED STD. NO. 11-. al ,1983 SIDEWALK LOCATION ~ 202 I I I I I I I I I I I I I I I I I I I 90 dU A G R E E MEN T CITY 01' SAN BERNARDINO .. ,)J THIS AGREEMENT is made and concluded this /6. day of ~~eA6~~ , 1998, between the City of San Bernardino (hereinafter "city"), and 61L86R--rAYALA d-SOAJS,:J:,A/<':. (hereinafter "Contractor"). J 1. 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, Contractor agrees with the City, at Contractor's own proper cost and expense in the Special provisions to be furnished by the city, necessary to complete in good workmanlike and substantial manner the STREET IMPROVEMENTS AT RIALTO AVENUE PROM RANCHO AVENUE TO 900' WEST in strict conformity with Plans and Special provisions No. 9763. and also in accordance with Standard Specifications for Public Works/Con- struction, 1997 Edition, city of San Bernardino, Department of Public Works/Engineering Division, on file in the Office of the City Engineer, which said special Provisions, and standard Specifications are hereby especially referred to an 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 obstruc- tions 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. 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 dis- crimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, 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 discrimi- nation or segregation with reference to the selection of SUbcontrac- tors, vendees, or employees in the performance of this contract. I I I I I I I I I I I I I I I I I I I 96 239 AGREEMENT: STREET IMPROVEMENTS AT RIALTO AVENUE PROM RANCHO AVE- NUE TO 900' WEST 3. 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 here- by 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. 4. 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 or proposal of said Contractor, then this in- strument shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written. CONTRACTOR CITY 01' SAN BERNARDINO Name of Firm: C<'J dhl{\ ~~^ III ~ ~115 B~~~ ~1 TITLE: ~"SI06J7 VALLES, Mayor San Bernardino ATTEST: MAILING ADDRESS: y.o. \SO~ ~C~ /;2lf:,LI & SA.:> \St~AI();,.Jl) q.)L/D). PHONE NO.: (9D't ) gn - g 177 APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN, city Attorney -:::-9 I I I I I I I I I I I I I I I I I I II