HomeMy WebLinkAbout1998-271
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NOTE:
BOUND CONTRACT
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RESOLUTION NO.~8-271
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AWARDING A CONTRACT TO SAFETY-KLEEN (CA), INC. FOR
REMOVAL OF UNDERGROUND STORAGE TANKS AT FIRE STATION NO.1 PER
PLAN NO. 9840.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
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SECTION I. SAFETY-KLEEN (CA), INC. is the lowest responsible bidder for:
REMOVAL OF UNDERGROUND STORAGE TANKS AT FIRE STATION NO. I per Plan
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No. 9840, A contract is awarded accordingly to said bidder in a total amount of $25,348 but
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such award shall be effective only upon the contract being fully executed by both parties; all
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12 other bids, therefore, are hereby rejected, The Mayor is hereby authorized and directed to
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
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effect or become operative until fully signed and executed by the parties and no party shall be
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obligated hereunder until the time of such full execution. No oral agreements, amendments,
19 modifications or waivers are intended or authorized and shall not be implied from any act or
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 This resolution is rescinded if the parties to the contract fail to execute it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
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III
98-271
1
2 RESOLUTION...AWARDING A CONTRACT TO SAFETY-KLEEN (CA), INC.
FOR REMOVAL OF UNDERGROUND STORAGE TANKS AT FIRE STATION NO.1
3 PER PLAN NO. 9840.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 regular 21st
Common Council of the City of San Bernardino at a meeting thereof, held on the _day
September
, 1998, by the following yote, to wit:
6
of
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Res 98-271
09/21/1998
Item 129
FItE
ACCT. NO.
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
PLANS AND SPECIAL PROVISIONS NO. 9840
FOR
REMOVAL OF UNDERGROUND STORAGE TANKS
AT
FIRE STATION NO. 1
200 E. 3RD STREET
DIVISION OF ENGINEERING
DEPARTMENT OF DEVELOPMENT SERVICES
CITY OF SAN BERNARDINO
JULY, 1998
CORIGrfJ4L
NO. 6.51-19
'629-453-5162
& 629-453-5502
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M.
ON
AUGUST 25
, 1998
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98 271
AGREEMENT :
REMOVAL OP UNDERGROUND STORAGE TANKS AT PIRE STATION
NO. 1, 200 E. 3RD STREET
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.
CITY OP SAN BERNARDINO
CONTRACTOR
Name of Firm:
Sftr&Ty' /{L~73II. (C,4-I.--IFOeNI/I)J
!- ~ .J:::/IC.
BY: ~/."-l .
TITLE: 1AC/L.ITA m"'trJ/lA6/C..
VI(tt:: 'l2tr~/D(;-~
MAILING ADDRESS:
BY:
'f( :e.
Tli -VALLES, Mayor
of San Bernardino
~D
(ty
-
ATTEST:
~,~rk
PHONE NO.: (323) ;J,':n,,;L(, 00
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN, city Attorney
BY, ~"~, 7- Ib."-.
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Res 98-271
09/21/1998
Item 129
OR {G (~!4L
FILE NO. 6.51-19
ACCT. NO. '629-453-5162
& 629-453-5502
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
CONTRACT DOCUHENTS
PLANS AND SPECIAL PROVISIONS NO. 9840
FOR
REMOVAL OP UNDERGROUND STORAGE TANKS
AT
FIRE STATION NO. 1
200 E. 3RD STREET
DIVISION OF ENGINEERING
DEPARTMENT OF DEVELOPMENT SERVICES
CITY OF SAN BERNARDINO
JULY, 1998
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M.
ON
AUGUST 25
, 1998
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98 271
Engineer's Estimate $ 53,000.00
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the city of San Bernardino will
receive bids for proposals for:
REMOVAL OF UNDERGROUND STORAGE TANKS
AT
FIRE STATION NO. 1
200 E. 3RD STREET
in accordance with Special provision No. 9840 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 "0" 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 Auaust 25 ,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.
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98 271
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 " 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 nAn 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 Job Walk Meeting will be held on Tuesdav, Auqust
18. 1998 ,at 10:00 a.m., at Fire station No.1, 200 E. Third
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 ci ty of San
informalities or
Specifications, or
Bernardino reserves the right to
inconsequential deviations from
to reject any and all bids.
waive any
contract
No bidder may withdraw his bid within
date of bid opening.
4S
working days from the
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98 271
Plans and specifications may be obtained from the city Engineer's
Office, third floor, city Hall, 300 N. "0" Street, San Bernardino,
California 92418, upon a non-refundable payment of S 10,00 for
each set.
CITY OF SAN BERNARDINO
:&./d (lJ (! .~
RA HEL C
city Cle k
NOTrCE TO ADVERTrSE
SPECIFICATION NO. 9840
SHALL APPEAR IN FIRST ISSUE NOT LATER THAN
DATE 7/23/9R and 7/28/98
SECOND PUBLICATION FIVE DAYS LATER
SrGNATURE
DATE
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98 271
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
REMOVAL OF UNDERGROUND STORAGE TANKS
AT
FIRE STATION NO. 1
200 E. 3RD STREET
in strict conformity with Plans and Special provisions No. 9840.
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:
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98 271
ITEM OUANTITY
1. 1
BID SCHEDULE
PLAN NO. 9840
DESCRIPTION OF ITEMS WITH
UNIT UNIT PRICE WRITTEN IN WORDS
PRICE TOTAL
L.S.
Remove Existing Underground
storage Tanks (UST) at Fire
station No. 1 for the Lump
Sum price of $19,438.00
Nineteen thousand, tour hundred
thHty-e10ht dO JI ars,
$19,438,'10
L.S.
2. 25 TONS Asphalt Concrete, at
One hundred seventeen dol Jars
and Slxty cents. $2,940.00
U 1 / ,bU per TON
3. 75 S.F. 6" Thick Concrete Pavement,
at Twenty-one dollars and
sixty cents, $1,62n.nr)
~n.bU per SQ. FT.
4. 45 TONS A~9regate Base, at
T Hty dollars. $1,350.00
~jU,UIJ per TON
NOTE: The unit
shown in
for each
inserted
TOTAL BID ITEMS $
?~ 11lR nn
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.
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98 271
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 30 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.
Licensed in accordance with an act providing
registration of contractor, License No. 691948
Classification Cl ass p, - Haz
for the
,
FIRM NAME:
Safety-Kleen (CA), Inc.
BUSINESS ADDRESS: P,O, Box 58483~ Llnneles.
SIGNATURE OF BIDDERS: l~ .___
CA 90058-0483
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. (See attached l\rticles of Incornoration.)
Safety-Kleen (CA), Inc,
Telephone No. (323) 277-2600
Dated:
August 25
, 1998
BIDDERS ACKNOWLEDGEMENT OF ADDENDUMS:
ADDENDUM NO. 1
None
DATE:
ADDENDUM NO. 2
DATE:
ADDENDUM NO. 3
DATE:
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98 271
Safety-Kleen (eA), Inc.
BIDDERS FIRM NAME
DESIGNATION OF SUB-CONTRACTORS
In compliance with the provisions of section 4100-4110 of California Public
Contract Code of the State of California, and any amendments thereof, each
bidder shall set forth the name and location of each subcontractor who will
perform work or labor or render service to the Contractor.
Name & Address
Under Which
Subcontractor
Licensed
r1&1 Wastp r.nntrnl
5095 W. State St.
Ontario, eA 91762
Agency of
MBE/WBE
certification
and Number
(If Applicable)
rJ/ A
Sub-Contractor
Phone No.
(9Q9) 9S4 }631
Sub-Contract
Amount
$18,090.0'1
,
Specific
Description
Tank excavation,
disnosal and
.
re-surfacinq of
excavated areas,
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98 271
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
BY:
TITLE:
FIRM: ~a#een
Fa~ility Manager
(CA 1. I nc.
DATE:
PIJ')lJst 25, lqqS
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98 271
(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, ei ther 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.
Safety-Kleen rCA). lnc,
/ ~
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Signa~Ure~ Bidder
P,O. Box 58483
Los Angeles, CA 90058-0483
Business Address
Los Angeles County
Place of Residence
Subscribed and sworn to before me this
19~
25th day of August
~D /T'
! ~. Kc,,-~....J
Notary Public in and for
the County of
Los Angeles
, state of California.
2000
'1J9< _
My Commission expires on June 12
own FRANKlI
" c.....l>l ICIf','l1OO601
~ NotarY NlIC - (;dlCIl'I1lI
loI~C<:Jzt:of
IJIoicorr<n, expkeS,UlI2.-
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.. -i8 2 71
.... -,....
BID BOND
KNOWN ALL MEN BY THESE PRESENTS,
THAT WE, SAFETY-KLEEN (CALIFORNIA), INC.
(hereinafter called the principal), as Principal,
and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly
organized under the laws of the State ofIndiana, (hereinafter called the Surety), as Surety, are
held and fIrmly bound unto:
CITY OF SAN BERNARDINO
DIVISION OF ENGINEERING, DEPARTMENT OF DEVELOPMENT SERVICES
200 E, 3RD STREET, SAN BERNARDINO, CALIFORNIA 92418
(hereinafter called the Obligee),
in the sum ofTEN PERCENT OF BID AND OO/IOO--------DOLLARS (10 % OF BID),
or the payment of which we, the said Principal and said Surety, bind ourselves, heirs, executors,
administrators, successors and assigns, jointly and severally, fIrmly by these presents.
Sealed with our seals and dated this 25TH day of AUGUST, 1998 A.D. nineteen hundred and
ninety eight.
WHEREAS, the principal has submitted a bid, dated AUGUST 25, 1998, for
PLANS & SPECIAL PROVISIONS NO, 9840 FOR REMOVAL OF UNDERGROUND
STORAGE TANKS AT FIRE ST AnON NO,I
NOW, THEREFORE, THE CONDITION OF TillS OBLIGATION IS SUCH, that if the
Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the
Obligee in accordance with such bid and give bond with good and sufficient surety for the
faithful performance of such contract, or in the event of the failure of the Principal to enter into
such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to
exceed the penalty hereof, between the amount specifIed in said bid and the amount foc wftich the
Obligee may legally contract with another party to perform the work covered by said bid, if the
latter amount be in excess of the former, then this obligation shall be null and void, otherwise to
remain in full force and effect.
SAFETY-KLEEN (CALIFORNIA). INC.
BY:
William D. Ridin ,Vice President
BY:
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98 271
....
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ ll71l59
(908) 580-2000
Know all Men by the.e Presants, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted
and appointed, and does hereby constitute and appoint Richard C. Goff, Felicia M. Buscemi and
Mary Claire Goff of Towson, Maryland -----------------------------------------------------
each i1s true and lawful Altomay-in-Fact to execute under such designation in its name and to affix its corporate seal to and
deliver for and on i1s behalf as surely thereon or otherwise, bonds of any of the following classes, to-wit:
1. Bonds and Undertakings (other than Bail Bonds) filed in any sutl, matter or proceeding in any Coun, or filed with any
Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking.
2, Surety bonds to the United States of America or any agency thereof, including those required or pennitted under the
laws or regulations relating to Customs or Internal Revenue; License and Penntl Bonds or other indemnity bonds under
the laws, ordinances or regulations of any State. City, Town, Village. Board or other body or organiatioA, public or plWate;
bonds to Transportation Companies, l.Dst Instrument bonds; Lease bonds, Wor1l8rs' Compensation bonds, Miscellaneous
Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Cb..wl)o~I'vI1ftt.1ITlIl ~ llubTIC officials.
3. Bonds on behalf of contractors In connection with bids, proposals or contracts.
k(^'~ LIA 2t~L/
Kenneth C. Wendel f
AulaIant SeCNtlry
FEDERAL INSURANCE COMPANY
BY
f,i./hdt ~ /J1avu<<' /
Gerardo G. Mauriz r
Vice P.._nt
STATE OF NEW JERSEY
County of Somerset
} 58.
On this 6 t h day of J u 1 Y 19 94 . before me personally came Kenneth C, Wendel to me known
and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which
executed the foregoing Power of Anomay, and the said Kenneth C. Wendel being by me duly swom, did depose and say that
he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed
to the foregoing Power of Anornay is such corporate seal and was thereto affixed by authority of the By-Laws of said Company,
and that he signed said Power of Altomay as Assistant Secretary of said Company by like authority; and that he is acquainted
with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G.
Mauriz subscribed to said Power of Altomey is in the genuine handwriting of said Gerardo G. Mauriz and was therato subscribed
by authority of said By-Laws and in deponent's presence.
Notarial Seal
Acknowledged and Swom to before me
ea on the ~e ~~ritten.
J'^ . -+ U~ t:l '\ )l';Y\J......,
Notary Public
JANET A. SCAVONE
NOlaly Public, Slale of New Jersey
No. 2066520
Commission Expires October 2, 1994
......., lSOOl
Form '~1000134 tReY. 10.13) GENERAL
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98 271
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, 1997 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:
Aqencv
- The City of San Bernardino.
Board
- The Mayor and Common Council for the city
of San Bernardino.
Enqineer
- 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 Advertisinq 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-1
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98 271
SECTION 2
2-1 PROPOSAL REOUIREMENTS 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 (MBEjWBE) 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 -0- % MBE and
-0- % WBE on this project.
Bidders shall make every reasonable effort to solicit bids
from MBEjWBEs.
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
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98 271
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 project 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
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98 271
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 re~ested assistance from
organizations that provide assistance ~n 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
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98 271
present evidence to the Mayor and Common Council in a public
hearing of the bidders' or proposers' good faith efforts in
making its outreach. In no case should the City award away
pursuant to this program if the bidder or proposer makes a good
faith 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.
The directions set
immediately, and all City
implementation programs to
inconsistent with this policy.
forth herein
Departments
the extent
shall
shall
such
take effect
modify their
programs are
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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.
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98 271
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
30 WORKING DAYS
from the date of the "NOTICE TO PROCEED".
The Contractor shall pay to the City of San Bernardino the sum
of S100.00 per day, for each calendar days delay in finishing the
work in excess of the number of working days prescribed above.
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98 271
SECTION 5
5-1 LEGAL REOUIREMENTS
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:
(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.
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98 271
(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.
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.""'" 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
' HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
IMMERCIAL ASSOCIATES INS, INC ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
26 EAS':' LA PALMA AVE COMPANIES AFFORDING COVERAGE
~AHZIM, CA 92807 COMPANY
14) 524-4949 FAX: 524-4940 A CNA-TRANSCONTINENTAL
I
IPS SERVICES, INC.
P,O. BOX J.0458
SAN BERNARDINO, CA.
COMPANY
B
CNA-VALLEY FORGE
92423-0458
COMPA.NY
C
CHUBB GROUP - FEDERAL INSURANCE
I
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IS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUEO TO E IN REO NAMEO ABOVE FOR THE POLICY PERIOD'
NDICATEO, NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRA ROT R 0 UMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROEO BY THE POLl E IBE EREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS ANO CONOITIONS OF SUCH POUCIES. L1MrrS SHOWN MAY HAVE BEEN REDUCE C S.
COMPANY
o
THE PAQPfUETOAl
PA.RTNE~EctnnVE
I OFFICERS ARE:
I OTHER
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GENERAL UA8UTV
COMMERC1AL GENERAL UAIIUTY
CLAJMS MADE 00 OCCUR
OWNER'S. CONTRACTOR'S """T J. 0 2 2 a 7 5 7 6 9
TYPE 0' INSURANCE POUCY NUMBER
~OMO.ILE UABIllTY
o ANY AUTO
If x 1 ALL OWNEa AUTOS
00 SCMEDU\.fD AUTOS
; LXJ MIRED AUTOS
IR NON-OWNED AlITOS
I: GARAGE UAlIUTY
n ANY AUTO
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I EXCESS UAIUUTY
- L ZJ UMBRElLA FORM
n OTHER THAN UMBAEUA FORM
WORKERS COMI'IHSATIOH AIm
EMPlOYERS' UAalLlTY
J.036929037
UMlTS
GENERAL AGGREGATE .2 000 000
PRODUCTS. COMP/C,. AGG .J. 000 000
I'ERSONAL . ADV INJURY .J. 000 000
EACH OCCURRENCE .J. 000 000
AAE DAMAGE (Any OM fhl 50 000
MEa EXP (.Any one 1*sonl , 5 000
COMBINED SINGLE UMIT 'J. 000,000
BOOIL Y INJUAY
(Per petlOftl
BOOIL Y INJURY I,
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PROPERTY DAMAGE
AUTO ONLY. EA ACCIDENT .
OThER THAN AUTO ONLY:
EACH ACCIDENT .
AGGREGATE 1 .
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STATUTORY UMrrs
EACH ACCIDENT .
DISEASE. POUCY UMIT
DISEASE. EACH EMPlOYEE
"E: IRCULAR DRIVEWAY & IRRIGATION SYSTEM FOR BUILDING 520 @
RMER NORTON AIR FO E BASE-SPEC. #932J.. THE CITY OF SAN BERNARDINO NAMED
DITIONAL INSURED RE: GENERAL LIAB. - ENDT. ATTACHED,
:@_f.{cAtgJ~QA?~.ftfi1fulf%Wt.&fltmWfWMt!tmmlfMMg@:@11WJMt~~N~-~J~~tt!9!tllimmM@lMKnwm#WkHt.llm@Kitl1~Thf.4itlfit~WJ:lMMKK\t
1 . . ..... SHOULD ANY OF THE AIOYE DESCRIBED POUC1ES IE CANCEU.ED IUORE THE
THE CITY OF SAN BERNARDINO EXPIRATION DATE TH"'EDF. THE ISSUINa COMPANY WILL rJ,{,jvp.,' fo MAIL
300 NORTH II D II STREET * 3 0 DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lUT.
SAN BERNARDINO, CA 92418 -0 001 / />M /FIJoJ;Mic/;.""t...;:.~;'P'/lrlf./r;.N.NpP;F/"oIr/...#r"",#;'-f.lnir/t
1 AlITHDIllZED ENTA
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POU:Y IUII!ER:- n
I TIiIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY
ADDITIONAL INSURED ------ OWNERS, lESSEES OR
I CONTRACTORS (FORM B)
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C("ftlCl<OW, GElElW.lJ.tBUTY
.
_.
-
-
1bls endorsement modlfles Insurance provided under the following:
COMMERCIAL GENERAL LlABILrIY COVERAGE PARr - OCCURRENCE
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418-0001
6&
.;J
(Ifno entry appears above. Information required to complete this endorsement will be shown In the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section m Is amended to include as an Insured the person or organlzation shown
in the Schedule. but only with respect to liabUtty arising out of "your work" for that insured by or for you,
/Jute, _.J ~~ :;7
A lItrh'I"""'-: t.I( A-
{Jr"f)".(}.-/ J ~.
Ar.%tlJ. J,
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A- rr'" (
t( C( \-h (1ft f C)V!f-
In ,..J
d
--~-----
Authorized Representative for
eNA Insurance Group
Golden Eagle Insur~nce Company
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98 271
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.
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98 271
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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 disposed
of concurrently with its removal. If stockpiling is
necessary, the material shall be removed or disposed of
weekly.
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SECTION 7
7-1 UTILITIES
7-1.01 GENERAL The location of all utility sub-
structures 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. SOUTHERN CALIFORNIA EDISON COMPANY
287 Tennessee Street
Redlands, CA 92373
Phone: (909) 307-6759
Attn: Ben Murguia
2. SOUTHERN CALIFORNIA GAS COMPANY
1981 West Lugonia Avenue
Redlands, CA 92373
Phone: (909) 335-7716
Attn: Rogelio Rawlins
3. GENERAL TELEPHONE COMPANY OF CALIFORNIA
1500 Crafton Avenue, Bldg. 125
Box 1-18
Mentone, CA 92359
Phone: (909) 794-8213
Attn: Chuck Austin
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.
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98 271
SECTION 8
8-1 DESCRIPTION OF WORK
8-1. 01 DESCRIPTION The work to be done consists, in
general, of obtaining all permits, saw cutting existing pavement and
removing existing underground storage tanks (UST) , removing and
disposing of the residual product from each tank, performing soil
testing as required by State and Federal agencies responsible for
underground storage tank (UST) removal.
After the tanks have been removed, backfill the excavation
with clean soil and place 6" thick PCC or asphalt concrete pavement
over the backfilled area.
All removed materials shall become the property of the
Contractor.
site
Location
Size
(Gal. )
~
Fire Station No. 1
200 E. Third Street
10,000
10,000
Diesel
Unleaded
8-1.02 CLEAN UP AND DUST CONTROL -- Clean
shall conform to provisions in section 7-8.1,
Control", of the Standard Specifications.
up and dust control
"Clean Up and Dust
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.
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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.
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.
9-1.02 TURN RESTRICTIONS The Contractor shall post
appropriate signs restricting turns when directed to do so by the
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.
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98 271
9-1.04 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
the work, remove all signs and warn1ng devices
directing, protecting, and detouring the public during
completion of
required for
construction.
Emergency vehicles shall be permitted access at all times to
any street.
9-1.05 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 prices
paid for the various contract items or work involved, 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.
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SECTION 10 THROUGH SECTION 13
BLANK
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98 271
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.
14-1.02 PAYMENT -- The contract unit price paid per ton for
"Asphalt Concrete", shall include full compensation for furnishing
the material and for doing all the work involved in placing
materials, complete in place, as designated on the Plans, and as
directed by the Engineer, and no additional or separate compensation
will be allowed therefor.
SP-20
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98 271
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'l 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.
SP-21
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98 271
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
Intersections, Access Ramps and Driveways", of 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
be constructed
202 (modified
Engineer.
SIDEWALK. CASE "A" (MODIFIED) The walkway shall
in accordance with the city's Standard Drawing No.
width to match existing), and as directed by the
16-1.03 PAYMENT The contract unit bid price per square
foot for "Construct P.C.C. Walkway", shall include full compensation
for doing all the work involved in constructing P. C. C. walkway to
match existing walkway, complete in place, as shown on the Plans,
and as directed by the Engineer, and no additional compensation will
be allowed therefor.
SP-22
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98 271
SECTION 17 THROUGH SECTION 49
BLANK
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98 271
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 provision 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-24
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98 271
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. Any cost involved in
such disposal shall be considered to be included in the prices paid
for the various contract items of work involved for, "Removal and
Restoration of Existing Improvements, Except street Paving", and no
additional compensation will be allowed therefor.
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-25
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98 271
SECTION 51 THROUGH SECTION 54
BLANK
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98 271
SECTION 55
55-1 REMOVAl OF EXISTING UNDERGROUND STORAGE TANKS
55-1.01 PERMITS Contractor shall make all proper permit
applications and notifications to agencies for the underground
storage tank removals prior to start of excavation work.
55-1.02 EXISTING UTILITIES -- Contractor shall conduct a
utility check to determine the presence and location of any natural
gas, electric, water, steam, sewer, or any other utility lines prior
to the start of any excavation work.
Contractor shall use extreme caution during excavation work
due to the possible presence of unknown utility lines.
55-1.03 PREPARATION Remove and dispose of existing fuel
dispensing system and any residual fuel 1n the tank system.
Insolate and disconnect electrical lines to the USTs, product piping
and associated equipment prior to start of excavation. Disconnect
and dispose of any water and/or air hoses and reels located near
the dispenser. cut and cap water lines at or below grade at the
point where the line branches off the main water supply. Disconnect
and dispose of air lines at the compressor. Demolish any island
and/or shelter around the dispenser and remove all debris.
55-1. 04 EXCAVATION Saw cut to the full depth of all
asphalt or concrete at the proposed limits of the excavation.
Remove and dispose of all asphalt or concrete over the tank(s).
Protect the clean straight edges of the pavement for installation of
new pavement when the tank removal is complete, or resaw the edges.
Excavate all existing soil to the top of the tank(s).
NOTE:
Excavation shall be designed for OSHA compliance.
Any shoring (trench plate, beam/plate, etc.)
required to protect property or personnel during
tank removal and soil sampling activities shall be
provided by the Contractor and the cost shall be
included in the basic bid.
Field test soil for Volatile organic Compound (VOC)
concentrations using an organic Vapor Analyzer, Photoionization
Detector, or other appropriate equipment. Contractor shall provide
appropriate notifications to South Coast Air Quality Management
SP-27
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98 271
District (SCAQMD)
monitoring shall
permit.
Separate all soil into two (2) stockpiles:
and comply with AQMD Rule 1166.
be conducted under Contractor's
All air quality
AQMD Rule 1166
a. "dirty" stockpile where VOC concentrations are above 50
PPM,
b. "clean" stockpile where VOC concentrations are below 50
PPM.
All
stockpiles
around the
stockpiles shall be bermed during rainy season. All
shall be covered with sheets of polyethylene and secured
edges prior to the end of each work day.
Take
stockpiles
for:
statistically representative soil samples of all
and have the samples analyzed and profiled for disposal
a. Gasoline and diesel using HDS recommended Method 8015
Modified.
b. BTEX using EPA Method 8020.
c. MTBE using EPA Method 8020.
"Dirty" stockpiled material will be removed and disposed of
either by change order or separate contract.
Provide and install any temporary fencing, barricades,
shoring, etc. in the pit area to protect facility and Contractor
personnel. Trench plates shall be installed to maintain access to
apparatus room when required or specified otherwise by the Engineer.
55-1. 05 TANK REMOVAL Avoid all sources of ignition
during removal of the USTs and associated piping. SmOking, use of
an open flame and/or use of tools generating electric sparks shall
be prohibited.
Expose the top of USTs and associated piping. Product lines
are to be triple rinsed and allowed to drain into the USTs or other
suitable container. There should be no liquid drainage (including
water) from piping during removal of the USTs.
Remove and properly dispose of the piping.
Clean and fill the fuel line pipe from the underground storage
tank to generator room with concrete slurry and plug both ends.
SP-28
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98 271
Remove and properly dispose of all tank fixtures.
Remove and properly dispose of all residual liquids and/or
sludges. An estimated 50 gallons of residual product per tank must
be included in the basic bid.
Clean USTs prior to removal. USTs shall be cleaned by high
pressure wash. A minimum pressure of 2,000 pounds per square inch
(psi) and detergent should be used to insure removal of scale and
sludge. This rinsate (and any dislodged solids) should be removed
by vacuum truck. This process should be repeated a minimum of three
times. When all liquids/debris have been removed and the atmosphere
within the UST is less than 10 percent of the lower explosive (LEL) ,
the UST will be considered ready for removal.
Vacuum trucks must be approved and licensed.
As an alternative, the UST can be de-gassed and transported as
a hazardous material to a licensed UST recycling facility. This
would eliminate the need for triple rinsing as described above.
Properly dispose of all liquids and solids collected from the
rinses. Under no circumstances is UST cleaning water to drain into
street, gutter, sewer, or tank excavation.
Contractor shall have all gasoline or suspected gasoline USTs
de-gassed prior to removal. It is Contractor's responsibility to
ensure all de-gassing procedures meet South Coast Air Quality
Management District (SCAQMD) Rule 1149 and all other local codes and
regulations.
Purging, vacuuming and high pressure water rinsing equipment
SHALL be bonded and grounded to provide a pathway for dissipation of
accumulated static charges. Metal USTs shall be bonded to the above
equipment. When working with fiberglass tanks, the equipment shall
be grounded and bonded. The following requirements shall apply to
bonding and grounding devices:
1. Bonding and grounding devices shall be stranded wire, not
smaller than eight (8) AWG (American Wire Gauge), with
appropriate connections at each end.
2. A secure metal-to-metal contact shall be made between the
tank and equipment, or the equipment to the ground.
3. When grounding equipment, secure the end of the grounding
device that is not attached to the equipment, to an
adequate ground, i.e. metal water pipe, metal drainage or
SP-29
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98 271
sewer pipe, which originates or terminates in the soil.
If a ground as described above is not available, a metal
rod driven into the soil to a depth of no less than three
feet shall serve as ground.
Measure all tank vapors using a combustible gas indicator
calibrated according to the manufacturer's specifications.
Add a minimum of 15 pounds of dry ice per 1,000 gallons of
tank capacity to each tank to prevent any vapors from forming or
accumulating in the tanks.
Prior to removal of the tank(s):
1. The combustible gas level (explosive limit) shall be less
than 10%.
2. The readings shall be approved by the Fire Inspector prior
to tank removal.
Remove tank(s), following Fire Inspector's approval, and place
on a level surface.
Inspect tank(s) for any holes or other damage that could have
resulted in a loss of product from the tank.
Prepare and submit a written description of the location of
any hole or damage that may have resulted in a los of product.
Include photographs of each tank (regardless of condition), and
close-up photographs of any damage or holes.
Wait for approval of the Fire Inspector to dispose of the
tank(s) .
Transport and dispose of tank(s) at an approved scrap
facility.
Obtain and submit a certificate of Tank Destruction from the
scrap facility or receiving facility for any fiberglass tanks.
55-1.06 SITE EXAMINATION Examine tank excavation pit for
any areas of obvious discoloration or contamination.
Prepare and submit a written description of the location of
any suspected contamination and include a photograph of each
location.
SP-30
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98 211
Take soil samples as directed by the regulatory officials on
site and at least one sample beneath the small tanks, and one sample
beneath each end of larger tanks plus one sample beneath the
dispenser, at each piping elbow, and for each 20 linear feet of
trenching for piping.
Submit soil samples to DHS Certified analytical laboratory on
a 24 hour turn around for:
1. Gasoline and diesel using DHS Method 8015 Modified.
2. BTEX using EPA Method 8020.
3. MTBE using EPA Method 8020, with positive results
confirmed by EPA Method 8260.
Submit three (3) copies of the tank removal report to the
Project Manager. Report shall include all analysis, drawings,
measurements, manifests, certificates, permits, etc., needed to
document the site condition as required by the regulatory agencies.
55-1. 07 FURTHER WORK REOUIREMENTS If no significant
contamination is discovered, Contractor shall proceed to section on
"Excavation pit Closure".
If significant contamination is discovered, Contractor shall
proceed to "Additional Contamination Analysis and Remediation" on a
"Time and Material" basis.
55-1.08 EXCAVATION PIT CLOSURE Backfill with stockpiled
"clean" soil and Class 2 aggregate base up to the bottom of the
adjacent pavement, but not less than six (6) inches for concrete
paving and not less than four (4) inches for asphalt paving.
Compaction shall be to 90%, unless specified otherwise.
Install new paving to join the existing undisturbed pavement
and match existing line and grade.
55-1.09 SUBMITTAL upon completion of all work,
Contractor shall submit a report to the Engineer to include:
a. Copies of all lab analysis and results.
b. certificate(s) of Tank Destruction.
SP-31
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98 271
55-1.10 PAYMENT The contract lump sum price paid for
"Removing Existing Underground storage Tanks", shall include full
compensation for furnishing all labor, materials, and for doing all
work involved in the removal, as directed by the Engineer, as shown
in these Special Provisions, and no additional compensation will be
allowed therefor.
SP-32
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~ti ;.l'j 1
A G R E E MEN T
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this .s+L- day
of Oc-tohp...... , 1998, between the CitY)Of San Bernardino
(hereinafter "city"), and ::S/!Pe7Y-J::.L.c.~JfJr(A bJ-/C
(hereinafter "Contractor"). '
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
REMOVAL OF UNDERGROUND STORAGE TANKS
AT
FIRE STATION NO. 1
200 E. 3RD STREET
in strict conformity with Plans and Special provisions No. 9840. 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.
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98 271
AGREEMENT :
REMOVAL OF UNDERGROUND STORAGE TAliIKS AT FIRE STATION
NO.1, 200 E. 3RD STREET
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 OF SAliI BERNARDINO
Name of Firm:
Sftf'.
(C/i-/..-IFoetJll/
.r:A<2.
1 BY:
VALLES, Mayor
San Bernardino
BY:
TITLE: filUL-ITA f)J)'JIII/.JhE~
VI at:::- 'Rer!!.IOe--~
MAILING ADDRESS:
~,~rk
.
eo. .....
PHONE NO.: (323) :J.:;'1'.2.(, (JO
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN, city Attorney
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