HomeMy WebLinkAbout2005-001
.
. ,
(NOTE: Bound Contract)
RESOLUTION NO. 2005-1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO C-18, INC., FOR ANNUAL
CITYWIDE TRAFFIC STRIPING & PAVEMENT MARKING MAINTENANCE
SERVICES, PER PROJECT NO. 11329.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. C-18. Inc., at 330 E. 3'd Street, Beaumont, CA 92223, is the lowest
responsible bidder for Annual Citywide Traffic Striping & Pavement Marking Maintenance
Services, per Project No. 11329. A contract is awarded accordingly to said bidder in a total
amount of $493,124.00, with a contingency amount of $9,300.00, but such award shall be
effective only upon being fully executed by both parties. All other bids, therefore, are hereby
rejected. The Mayor is hereby authorized and directed to execute said contract on behalf of
the City; a copy of the contract is on file in the office of the City Clerk and incorporated
herein by reference as fully as though set forth at length.
SECTION 2. This contract and any amendment or modifications thereto shall not
take effect or become operative until fully signed and executed by the parties and no party
shall be obligated hereunder until the time of such full execution. No oral agreements,
amendments, modifications or waivers are intended or authorized and shall not be implied
from any act or course of conduct of any party .
SECTIQ.N 3. This resolution is rescinded, if the parties to the contract fail to execute
it within sixty (60) days of passage of the resolution.
IIII
IIII
IIII
'"
,
,
2005-1
1
2
3
4
5
6
7
8
9
10
11
12 MC GINNIS
13 DERRY
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO C-18, INC., FOR ANNUAL
CITYWIDE TRAFFIC STRIPING & PAVEMENT MARKING MAINTENANCE
SERVICES, PER PROJECT NO. 11329.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint adjourned
and Common Council of the City of San Bernardino at a regular meeting thereof, held on
the10t~ay of January
,2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LONGVILLE
x
x
x
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
KELLEY
-1l
JOHNSON
x
MC CAMMACK
x
~b.~
City Clerk
The foregoing resolution is hereby approved this I J -!:I.. day of January ,2005.
Approved as to
form and legal content:
.~
es F. Penman,
ity Attorney
fill
....
..."..
.....
.....
......'
'-'
.....
....
.....
.....
....
....
-
..~
l<<,'~
-"
....
....
....
~4-. J.IJOS-~ {
CidttbJA., rjlOIDS-
1/J/)1~jj; (3
OiCfGr, ~. ff(-,
FILE NO. 13.1P-2005
ACCT. NO. 001-402-5502-0000
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
SPECIAL PROVISIONS NO. 11329
FOR
ANNUAL CITYWIDE TRAFFIC STRIPING &
PAVEMENT MARKING MAINTENANCE SERVICES
CONTRACT
DIVISON OF PUBLIC WORKS
DEPARTMENT OF DEVELOPMENT SERVICES
CITY OF SAN BERNARDINO
NOVEMBER 24, 2004
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M.
ON DECEMBER 14 ,2004
S:'_PubliC Wor'Ks\Allnual Sniping ContracfANNUAL STRIPING CONTRACTdoc
r::v 1-1/ R /T lIA II
FILE NO. 13.1P-2005
ACCT. NO. 001-402-5502-0000
DIVIS ON OF PUBLIC WORKS
DEPARTMENT OF DEVELOPMENT SERVICES
CITY OF SAN BERNARDINO
ST ATE OF CALIFORNIA
ADDENDUM NO. ONE
FOR
BID AND CONTRACT DOCUMENTS
SPECIAL PROVISIONS NO. 11329
ANNUAL CITYWIDE TRAFFIC STRIPING & PAVEMENT
MARKING MAINTENANCE SERVICES CONTRACT
The Special Provisions for this project have been amended as follows:
The BID OPENING DATE of Tuesday, November 30, 2004, at 2:00 p.m. has been
extended to:
TUESDAY. DECEMBER 14. 2004. at 2:00 PM
ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. ONE AT THE
BOTTOM OF THE BIDDERS INFORMA nON SHEET INCUJDED IN THE BID
DOCUMENTS OF THE SPECIAL PROVISIONS.
BYjU, 1....7;;-
MARK LANCASTER
City Engineer
DA TE: NOVEMBER 24. 2004
NOTICE INVITING BIDS
PUBLIC NOTICE IS HEREBY GIVEN
that the City of San Bernardino (as CITY) will receive sealed bids for:
ANNUAL CITYWIDE TRAFFIC STRIPING & PAVEMENT MARKINGS
MAINTENANCE SERVICES CONTRACT
PROJECT NO. 11329
in accordance with Special Provision No. 11329, 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 will be received up to the hour of 2:00 p.m., on Tuesdav. November 30* , 2004,
at which time all of said bids will be publicly opened, and examined and declared in City
Engineer's Conference Room, Third Floor, City Hall.
No bid will be received unless it is made on a bid form furnished by the CITY with the unit
prices written in words and also shown in numeric figures for each item, and with the total of
each item and total of all items filled in. All bids shall be signed, sealed and accompanied by
cash. cashier's check, certified check, or bid bond made payable to the CITY of San Bernardino,
in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a
guarantee that the bidder will enter into the contract if awarded. In the event that the bidder
refuses to execute said contract, the use of the public use of the proposed improvements will be
delayed, and the public will suffer damage that cannot easily or practically be determined and
based upon this, the CITY and bidder agree that the above cash, check or bond shall be paid to
the CITY as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this
notice must be in accordance with Section 2-4 of the Standard Specifications for Public Works
Construction, 2003 edition.
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 confonn to Section 1773 of the Labor Code, the general prevailing
wage rates in the county, or counties, in which the work is to be done have been detennined by the Director
of the California Department of Industrial Relations. These wages are set forth in the General Prevailing
Wage Rates for this project, available at the City Clerk's Office, and available from the California
Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/dirdatabases.html. Future
effective general prevailing wage rates, which have been predetermined and are on file with the California
Department ofIndustrial Relations are referenced but not printed in the general prevailing wage rates.
The Contractor may substitute securities for any monies withheld by the CITY to ensure performance under
the contract as provided for in Section 10263 and Section 22300 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 discrimination in the employment of persons because of race.
creed. color, or national origin, as set forth in the provisions of Resolution No. 7414, of the Mayor and
Common Council of the City of San Bernardino.
The Contractor shall possess a Class "C-32" License or Class "A" License or Appropriate Specialtv
License(s) at the time the contract is awarded. The prime Contractor shall perform, with his own
organization, contract work amounting to at least 50 % of the contract price.
The CITY hereby notifies all qualified bidders that it will affirmatively ensure that qualified minority
business enterprises will be afforded full opportunity to submit bids in response to this invitation and will
not be discriminated against on the basis of race, color national origin, ancestry. sex religion. or handicap in
consideration for an award. Attention is directed to the provisions of Section 1777.5 (Chapter 1411. Statutes
of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any
such subcontractor under hire. The bidders and the selected contractor shall not allow discrimination in
employment practices on the basis of race. color. national origin. ancestry. sex. religion. or handicap. There
is no mandatory DBE participation requirement on this project.
Certified minority (MBE / WEE) subcontractors and material suppliers for the San Bernardino area located
in Caltrans District 8 can be obtained by accessing the California Department of Transportation website at
Itttp://www. dot. ca.gov/hqlbep/index.
The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations from
contract specifications. or to reject any and all bids.
No bidder may withdraw his bid within ~ working days from the date of the bid opening. The CITY
reserves the right to take all bids under advisement for a period of90 days.
Copies of the Bid and Contract Documents may be obtained from the City Engineer's Office. on the third
floor of City Hall, 300 N. "D" Street. San Bernardino. California 92418. at NO COST if picked up in
person. Upon request. the Bid and Contract Documents may be obtained by mail for an additional charge of
$5.75 per set.
Specific questions regarding this project should be submitted in writing to the City Engineer" s Office as
follows:
City Engineer's Office
Subject: Annual Citywide Traffic Striping & Pavement Markings
Maintenance Services Contract
Third Floor
San Bernardino City Hall
300 North "D" Street "('7
San Bernardino, CA 92418 ~
Attention: Robert G. Eisenbeisz, Senior Civil Engineer
Phone: (909) 384-5203 Fax: (909) 384-5155
E-mail: eisenbeiszrorWci.san-bernardino.ca.us
CITY OF SAN BERNARDINO
RACHEL CLARK
City Clerk
NOTICE TO ADVERTISE:
SPECIFICATION NO: 11329
SHALL APPEAR IN FIRST ISSUE NOT LATER THAN
DATE 11/16/04 AND 11/22/04
I FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION I
SIGNATURE
DATE
INSTRUCTIONS TO BIDDERS
ANNUAL CITYWIDE TRAFFIC STRIPING & PAVEMENT MARKINGS
MAINTENANCE SERVICES CONTRACT,
PROJECT NO. 11329
IN THE CITY OF SAN BERNARDINO
LOCATION OF WORK
The general location of the project is various streets throughout the City of San Bernardino.
Work is to be performed on an as needed basis as requested by Work Orders issued by the City
of San Bernardino Public Services Department.
INTENT
The intent of this request for bid is to establish an annual maintenance contract for installation of
street striping and pavement markings, on an as-needed basis, on various streets throughout the
City of San Bernardino.
BID FORMS
No bid will be received unless it is made on a Bid Form furnished in these Bid and Contract
Documents with the unit price shown in numeric figures for each item, and with the total of each
item and total of all items computed. All requested information must be clearly and legibly set
forth in the manner and form indicated. The CITY will not consider any bid not meeting these
requirements.
All prices and notations must be typewritten or written in ink. No erasures are permitted.
Mistakes may be crossed out and corrections made adjacent, and must be initialed in ink by the
person signing the bid.
Bidder shall enter a unit price for each bid item. Unit prices shall be stated in units specified on
the bid form. Bids not in compliance will be considered invalid.
A responsible officer or employee must sign with the firm's name on all bid forms. Obligations
assumed by such signature must be fulfilled.
BID GUARANTEE
All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check, or bid
bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the
bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the
contract if awarded. If a bidder to whom a contract is awarded fails or refuses to execute the
contract documents or to furnish the required insurance policies as set forth in those documents,
the public use of the proposed improvements will be delayed, and the public will suffer damage
that cannot easily or practically be determined and based upon this, the CITY and bidder agree
that the above cash, check or bond shall be paid to the CITY as liquidated damages and not as a
I-I
forfeiture. All bonds furnished pursuant to this notice must be in accordance with Section 2-4 of
the Standard Specifications for Public Works Construction, 2003 edition. Any bid not
accompanied by such a guarantee shall be considered non-responsive. The bid guarantees of all
bidders will be held until the successful bidder has properly executed all contract documents.
BID DELIVERY
Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street. San
Bernardino, California, in a sealed envelope clearly marked with "ANNUAL CITYWIDE
TRAFFIC STRIPING & PAVEMENT MARKING MAINTENANCE SERVICES
CONTRACT, PROJECT, NO. 11329 - DO NOT OPEN WITH REGULAR MAIL" on
the outside. Bids may be mailed or delivered by messenger.
Said bids will be received up to the hour of 2:00 p.m. , on December 14 , 2004 (per
Addendum No. One), at which time all of said bids will be publicly opened, and examined and
declared in City Engineer's Conference Room, Third Floor, City Hall. Late bids will not be
considered.
WORK ORDER. SCHEDULE, COMPLETION OF WORK, LIQUIDATED DAMAGES
Work Order:
The CITY will issue to the selected contractor Work Orders for related work at locations
throughout the CITY as needed. Each Work Order issued by the CITY will include, at a
minimum. the following quantities: 2,100 square feet of stenciled markings (thermoplastic) or
6,600 lineal feet of traffic striping. Each location will specify the locations to be re-marked or re-
striped.
Schedule and Completion of Work:
Time is of the essence in the completion of work encompassed by this contract. The contractor
must commence on traffic striping within five (5) calendar days after notification and issuance of
a Work Order by the CITY and the contractor must commence work on stenciled markings
within ten (10) calendar days after notification and issuance of a Work Order by the CITY. The
contractor shall notify the City Public Works Department a minimum of 48 hours in advance of
any work performed within the City right-of-way. The contractor must pursue the work
continuously after commencement until completion of the work identified in the Work Order.
The CITY seeks a source of supply that will provide accurate and timely delivery/completion.
Public Works Department Person to Notify:
Mike Wolff, Construction Engineer
Development Services / Public Works
San Bernardino City Hall
300 North ""D"" Street
San Bernardino. CA 92418
Phone: (909) 384-5166 Fax: (909) 384-5155
E-mail: wolff_mi@cLsan-bernardino.ca.us
1-2
Unless directed otherwise by the CITY after notification, the contractor shall commence work on
the date stated in the notification to the CITY.
Working hours for this project are between 7:30 a.m. and 4:00 p.m. Monday through Friday.
excluding legal holidays observed by the CITY.
Liquidated Damages:
The Contractor agrees that failure to commence work within the time allowed will result in
liquidated damages in the amount of One Hundred Dollars ($100) per calendar day for each day
that commencement is delayed beyond the allowed time.
In case of default by the Contractor, the CITY may procure the articles or service from other
sources and may deduct from the unpaid balance due the Contractor, or may bill for excess costs
so paid, and the prices paid by the CITY shall be considered the prevailing market prices paid at
the time such purchase is made.
WITHDRA W AL OF BIDS
A bid may be withdrawn by a written request signed by the bidder. Such requests must be
delivered to the CITY's designated official not less than ~ days prior to the time of bid opening
stipulated in the Notice Inviting Bids. Bids may not be withdrawn less than 45 days prior to the
time of bid opening stipulated in the Notice Inviting Bids without forfeiture of the bid bond. The
withdrawal of a bid will not prejudice the right of the bidder to submit a new bid. providing there
is time to do so.
IRREGULAR BIDS/BIDDER DISQUALIFICATION
Unauthorized conditions, limitations, or provisions attached to a bid will render it irregular and
may cause its rejection. The completed bid forms shall be without interlineations, alterations, or
erasures. Alternative bids will not be considered unless specifically requested by the CITY. No
oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. Bidders may
be disqualified with their bids rejected for any of, but not limited to, the following rewasons:
1. Failure to use the bid form provided in these contact documents.
2. Lack of signature by an authorized representative on the bid form.
3. Failure to properly complete the bid form.
4. Evidence of collusion among bidders.
5. Unauthorized alteration of bid form.
DISCREPANCIES AND MISUNDERSTANDINGS
Before submitting a bid, Bidders must satisfy themselves by personal examination of the bid and
contract documents. and by any other means as they may believe necessary, as to the actual
conditions, requirements and difficulties under which the work must be performed, and fully
inform themselves as to all existing conditions and limitations, and shall include in the bid, the
cost of all items necessary in the completion of the project. The Bidder shall not be allowed any
extra compensation by reason of any matter or thing, concerning that which such the Bidder
1-3
might have fully informed himself prior to the bidding. No bidder shall at any time after
submission of a bid make any claim or assertion that there was any misunderstanding or lack of
information regarding the nature or amount of work necessary for the satisfactory completion of
the job.
Any errors, omissions, or discrepancies found in the bid and contract documents shall be called
to the attention of the CITY. Should a Bidder find any ambiguity, inconsistency or error in the
bid and contract documents, or be in doubt as to their meaning, the Bidder shall notify the CITY,
in writing via FAX as specified in the Notice Inviting Bids Section. Issues requiring clarification
will be addressed in a written addendum response, sent by FAX to each Bidder, person or firm
recorded by the CITY on the list of plan holders as having obtained a copy of the bid and
contract documents. Any addenda issued by the CITY prior to the bid opening are to be included
in the bid from the Bidder, and shall become a part of the bid and contract documents. The
Bidder shall acknowledge receipt of addenda on the bid forms in the space provided.
By submitting a bid, the Bidder shall be held responsible to have personally examined and
carefully read the specifications, and to have satisfied itself as to its ability to meet all the
difficulties attending the execution of the proposed contract before the delivery of this bid, and
agrees that if awarded the contract, will make no claim against the CITY based on ignorance or
misunderstanding of the plans, specifications, site conditions and/or contract provisions.
PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all
notices necessary and incidental to the due and lawful prosecution of the work. The CITY will
not require or issue a permit for work within the right-of-way of the CITY. Pursuant to the City
Municipal Code, the Contractor and all subcontractors shall pay for and obtain a City Business
License prior to commencing work.
CONTRACTORS LICENSE LAW
The successful Bidder shall comply with and require all subcontractors to comply with all
Federal, State and City Contractor License Laws and be duly Registered and Licensed thereunder
as required.
No contract will be awarded to a bidder who is not licensed in accordance with the law under the
provisions of Division III, Chapter 9, Class "C-32" or Class "A" of the California Business and
Profession Code at the time of the award, and said license shall remain in effect for the duration
of the contract.
INSURANCE REQUIREMENTS
Bidders must be able to provide a copy or copies of company's Certificates of Insurance or letter
from the insurance company(ies) evidencing the fact that the Contarctor is able to be insured as
required by the CITY, including the CITY as a certificate holder.
1-4
Contractor shall not commence work until all insurance required hereunder and by the Contract
Documents has been obtained from a company or companies acceptable to the CITY and the
Contractor shall not allow any subcontractor to commence work until all insurance required of
the subcontractor has been obtained. Contractor shall obtain and maintain at all times during the
life of the contract the following policies of insurance:
Liability Insurance
Throughout the term of this Agreement, at the Contractor's sole cost and expense. contractor
shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the CITY and the
Contractor the following liability insurance coverage:
(1 ) Public Liability and Property Damage Insurance in an amount of not less than ONE
MILLION DOLLARS ($1,000,000);
(2) Products/Completed Operations Hazard Insurance in an amount of not less than ONE
MILLION DOLLARS ($1,000,000);
(3) Comprehensive Automobile Liability Insurance In an amount of not less than ONE
MILLION DOLLARS ($1,000,000);
(4) Contractual General Liability Insurance in an amount of not less than ONE MILLION
DOLLARS ($1,000,000);
(5) or GENERAL AGGREGATE LIABILITY In an amount of not less than TWO
MILLION DOLLARS ($2,000,000).
Automobile and lease vehicle insurance; owned, not owned and hired. Insurance to include
bodily injury, sickness and death of any person and property damage owned and unowned per
occurrence.
Workers' Compensation Insurance
Before beginning work, the Contractor shall furnish to the CITY a certificate of insurance as
proof that full workers' compensation insurance has been obtained for all persons whom are
employed directly or through subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California. In accordance with the provisions of
California Labor Code Section 3700, every employer shall secure the payment of compensation
to its employees. Contractor shall, prior to commencing work. sign and file with the CITY the
certification included in the Bid Documents.
General Insurance Requirements
All insurance required by express provisions of the Contract Documents shall be carried only in
responsible insurance compames licensed to do business in the State of California and policies
required by the Contract Documents shall name as additional insureds the CITY, its elected
officials, officers, employees, and designated agents. All policies shall contain language, to the
1-5
extent obtainable, to the effect that: (1) the insureer waives the right of subrogation against the
CITY and the CITY's elected officials, officers, employees, and agents; (2) the policies are
primary and noncontributing with any insurance that nay be carried by the CITY; and (3) they
may not be canceled except after thirty (30) days notice by insurer to CITY by first class mail.
Contractor shall furnish CITY with copies of all such policies promptly upon receipt of them, or
certificates evidencing insurance. Contractor may effect for its own account insurance beyond
the requirements of this Bid.
SOCIAL SECURITY ACT
The successful Bidder agrees to comply with and to require all of his subcontractors to comply
with all the provisions of the Act of Congress approved August 14, 1935, known and cited as the
"Social Security Act" and also the provisions of the act of the State Legislature approved, and
known as the State Unemployment Compensation Law and all other laws and regulations
pertaining to labor and workmen and all amendments to such data, and the contractor further
agrees to indemnify and hold harmless the City of SAN BERNARDINO of and from any and all
claims and demands made against it by virtue of the failure of the contractor or any
subcontractors to comply with the provisions of any or all of said acts and amendments.
SALES AND USE TAX
No mention shall be made in the bid of Sales Tax, Use Tax, or any other tax, as all amounts bid
will be deemed and held to include any such taxes which may be applicable.
The successful Bidder agrees to comply with and to require all of his subcontractors to comply
with all the provisions of applicable state sales excise tax law and compensation use tax law and
all amendments to same. The successful Bidder further agrees to indemnify and hold harmless
the CITY of and from any and all claims and demands made for the failure of the Contractor or
any Subcontractors to comply with the provisions of any or all said laws and amendments.
WAIVER OF LIENS
The successful Bidder is responsible for the payment of all bills for labor and materials furnished
by the subcontractors, the suppliers, and the General Contractor on this project. The General
Contractor shall deliver to the CITY unconditional Lien Waivers and/or Releases from himself
and from each of his subcontractors and suppliers, and at such time he shall certify that he is
submitting such lien waivers for all subcontractors and suppliers involved.
If any liens are filed against the CITY property, the CITY may, at its option. demand the
Contractor immediately provide a bond in accordance with state statutes.
LEGAL RESPONSIBILITIES
All bids must be submitted, filed and executed in accordance with State and Federal laws relating
to bids for contracts of this nature whether the same or expressly referred to herein or not. Any
bidder submitting a bid shall by such action thereby agree to each and all of the terms,
1-6
conditions, provisions, and requirements set forth, contemplated, and referred to in the Bid and
Contract Documents, and to full compliance therewith.
The Contractor shall hold the CITY, its officers, agents, servants, and employees harmlessfrom
liability of any nature or kind on account of use of any copyright, or uncopyrighted composition,
secret process, patented or unpatented invention, article, or appliance furnished or used under
this agreement.
AWARD OF CONTRACT
The award of contract, if made, will be to the lowest responsible, responsive bidder as
determined solely by the CITY. The CITY reserves the right to reject any or all bids, to waive
any irregularity, and to take the bids under advisement for a period of ninety (90) days, as may
be required to provide for the best interests of the CITY. In no event will an award be made until
all necessary investigations are made as to the responsibility and qualifications of the bidder to
whom the award is contemplated.
In entering into a public works contract, or a subcontract, to supply goods, services, or materials
pursuant to a public works contract, the Contractor, or subcontractors, offers and agrees to assign
to the awarding body all rights, title and interest in, and to, all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.c. Section 15) or under the Cartwright Act (Chapter 2
[commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, services, or materials pursuant to the public work's contract or
subcontract. This assignment shall be made and become effective at the time the awarding body
tenders final payment to the Contractor, without further acknowledgment by the parties.
The Contractor shall not assign transfer, convey, or otherwise dispose of the contract or right,
title or interest in or to the same, or any part thereof, without previous written consent of the
CITY and any sureties.
A written Purchase Order mailed, or otherwise furnished to the successful bidder within the time
for acceptance specified, shall result in a binding contract without further action on the part of
either party. This contract shall be interpreted, construed and given full effect in all respects
according to the laws of the State of California.
EMPLOYMENT OF APPRENTICES
Attention is directed to the provisions in Section 1777.5 of the California Labor Code concerning
employment of apprentices by the contractor or any subcontractor under him. The contractor
and any subcontractor under him shall comply with the requirements of said section in the
employment of apprentices; however, the contractor shall have full responsibility for compliance
with said Labor Code section for all apprenticable occupations. regardless of any other
contractual or employment relationships alleged to exist.
1-7
SUBCONTRACTS
The Contractor is required to perform, with its own organization, Contract work amounting to at
least fifty-one percent (51 %) of the Contract Price. Failure to meet these requirements will result
in disqualifying of the bid or termination of the contract. This provision supersedes any other
provisions which specified a different subcontract requirement.
Proposed subcontractor names, a general description of the work to be performed by each
subcontractor and the dollar amount for each subcontractor shall be submitted with the bid.
DBE PARTICIPATION
There is no mandatory DBE (Disadvantaged Business Enterprise) participation requirement on
this project.
CONSTRUCTION WATER
The Contractor shall not draw water from any fire hydrant (except to extinguish afire) without
obtaining permission from the water agency concerned. Full compensation for water used by the
Contractor for the construction of this project shall be considered as included in the prices bid for
the various items of construction and no additional compensation will be made therefore.
PREVAILING WAGE RATE
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Compliance with the prevailing rates of wages and apprenticeships employment
standards established by the State Director of Industrial Relations will be required.
1-8
BID DOCUMENTS
BID FORM
TO THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he or she has carefully examined the scope of the proposed work
including the specifications and special provisions and read the accompanying instructions to bidders
and hereby proposes to furnish any and all required labor, materials, transportation and services for:
ANNUAL CITYWIDE TRAFFIC STRIPING & PAVEMENT MARKINGS MAINTENANCE
SERVICES CONTRACT,
PROJECT NO. 11329
in strict conformity with Special Provisions No. 11329 of the Public Works Division, Department of
Development Services for the City of San Bernardino and also in accordance with the Standard
Specifications for Public Works Construction, 2003 Edition and also in conformance with the
Instructions to Bidders. The undersigned proposes and agrees that if his or her bid is accepted, he or
she will contract with the City of San Bernardino, in the form of the copy of the contract attached
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 a manner and time therein
prescribed, and he or she will take in full payment therefor the following unit prices, to wit:
B-1
BASIC BID SCHDULE
Project No. 11329
ANNUAL CITYWIDE TRAFFIC STRIPING & PAVEMENT
MARKINGS
MAINTENANCE SERVICES CONTRACT
SCHEDULE OF UNIT COSTS
The undersigned bidder hereby proposes and agrees, if this bid is accepted, to furnish all material
and do all the work required to complete the said work in accordance with the specifications and
instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the
schedule on the following bid.
The bidder also understands there is no warranty or guarantee given or implied as to the total
amount to be ordered as a result of this contract. The quantities stated in this bid are estimates of
annual usage, to be used for bid comparison purposes only. Specific street striping and pavement
marking will be ordered as needed.
Item Unit
No. Description Otv. Unit Price Total
1. Reflective Centerline and Lane Lines
a. 4" Broken Lines 400.000 LF $ .039 $ 15,600.00
b. 4" Solid Lines 250.000 LF $ .049 $ 12,250.00
c. Two 4" Double Solid Lines with 3" Black
Separation 300,000 LF $ .069 $ 20,700.00
d. 8" Solid Lines 100.000 LF $ .079 $ 7,900.00
e. Two Way Left Turn, Both Sides 4" Lines
with 3" Black Separation 250,000 LF $ .147 $ 36,750.00
f. 6" Solid Lines 15.000 LF $ .059 $ 885.00
B-2
Item Unit
No. Description Qtv. Unit Price Total
2. Stencils - Reflective
a. 8" Letters 10,000 EA $ 5.99 $ 59,900.00
b. 12" Wide Limit Line/Crosswalks 50.000 LF $ .50 S 25,000.00
c. Arrows- Type IV 2,500 EA $ 16.67 $ 4 1 ,675 . 00
d. Bike Lane Arrows 200 EA $ 18.77 $ 3,754.00
e. RRX Complete both side of Track 30 EA $ 197.00 $ 5.910.00
3. Thermoplastic
a. 8" Letters 4.000 EA $ 19.25 $ 77 ,000.00
b. 12" Wide Limit Line/Crosswalks 10.000 LF $ 1.47 $ 14,700.00
c. Arrows - Type IV 1.000 EA $ 45.00 $ 45,000.00
d. Bike Lane Arrows 200 EA $ 56.00 $ 11,200.00
e. RRX Complete both side of Track 30 EA $ 499.00 S 14,970.00
f. 12" Wide 10.000 LF $ 1.47 $ 14,700.00
g. 8" Solid Lines 1.000 LF $ .87 S 870.00
4. Parking
a. Parking T's
40 EA $ 5.00 $ 200.00
b. Curb Painting
20,000 LF $ .43 $ 8,600.00
5. Small Stencils
3" !'ion-reflective Letters
800
EA $
1.00
$
800.00
B-3
Item Unit
No. Description Otv. Unit Price Total
6. Removal (includes legal disposal of debris)
a. Wet Sandblasting 20,000 SF $ ,75 $ 15,000,00
b. Grinding 5,000 SF $ ,67 $ 3,350.00
7. Pre-Lining (Cat Track)
80,000 LF $
.077
$ 6,160,00
8. Retlectin Pavement Markers
15,000 EA $ 2,47
$ 37,050.00
9. Ceramic Pavement Markers
12,000 EA $ 1.10
$ 13,200.00
TOTAL BID: $
493,124.00
Time is of the essence in the completion of work encompassed by this bid, Contractor must
commence work on striping within five (5) calendar days after notification by the City,
Contractor must commence work on thermoplastic striping within ten (10) calendar days after
notification by the City, Contractor must pursue the work continuously after commencement of
job to complete the entire work order, The City seeks a source of supply that will provide
accurate and timely delivery/completion, /
Can your company meet these time frames? ./ Yes No
BIDDER understands that a bid is required for the entire work, that the quantities set forth in
the Bid Schedule are to calculate total bid amount for comparison only, and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed, The BIDDER agrees that the CITY reserves the right to increase or decrease the
amount of any quantity shown in the Bid Schedule and to delete any item from the contract and
pay the contractor at the bid unit prices, It is agreed that the unit bid prices include all
appurtenant expenses, taxes, royalties, and fees, In the case of discrepancies in the amount bid,
unit prices shall govern over extended amounts,
The CITY will issue to the selected contractor Work Orders that indicate locations, extents, and
details for all work to be performed, The contractor shall notify the City Inspection Division and
provide a schedule for completion of the work at least 48 hours prior to commencing work.
If alternative colors-white or yellow or other are ordered in the work order, it is assumed that the
same unit bid price will apply no matter which color is used. Unit prices for striping and
pavement marking details shall not include raised markers, Raised markers will be paid
B-4
separately per unit prices indicated. The Lineal Feet length for striping is for the total length of
the complete striping detail specified, including skip portions if the specified striping detail
includes skip stripes (lane lines).
Traffic Control: Cost of traffic control is assumed to be included in various bid prices, and no
additional payment shall be made. The Contractor shall be responsible for furnishing, placing
and maintaining barricades and lights as necessary to protect the public from danger due to all
work being done. If lane closures are approved by the Engineer, the full width of the traveled way
shall be open for use by public traffic from 4:00 p.m. to 8:30 a.m., all day for 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. If the
Contractor is allowed to temporarily close a portion of the roadway, a minimum I lane for each
direction of travel must be maintained at all times unless otherwise approved by the Engineer. All
lanes must be opened up to traffic between 4:00 PM and 8:30 a.m., daily. The Contractor shall
comply with the Manual on Uniform Traffic Control Devices (MUTCD) and the California
Supplement, Latest Editions, and all other applicable requirements and standards for traffic
control.
All other work items not specifically listed above, but necessary to complete the work per
applicable standards, including traffic control are assumed to be included in the above various
unit bid prices.
The CITY reserves the right to extend the contract up to four (4) years with annual I-year
renewals.
S;gn.d, ---1- >1
~
'(
Date: December ]4, 2004
Print Name: Michael Hathaway
Title: Pre s iden t
Company Name:
C-18, Inc.
Phone Number: 95 ]-845-3099
B-5
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name
C-18, 1m:.
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
Corporation
If a Corporation, State of Incorporation (i.e., Calif.) California
Business Address
P.O. Box 3360
330 E. 3rd Street
Beaumont, C~ 92223
Telephone
951-845-3099
, FAX No.: 951-845-4983
Emergency Contact Person~ichael Hathaw,\Phone No. 845-3099 ,Mobile No.909-376-2137
State Contractor's License No. and Class 731233
C32
Original Date Issued
1996
Expiration Date 01-31-05
The Bidder acknowledges receipt of the folio i ddenda and has included their provisions in this Bid:
Addendum No. 1;2 -I '-/61
Addendum No. Dated
Addendum No. Dated
Previous contract performance history:
Was any contract terminated previously: No
If the answer to the above is "yes", provide the following information:
Contract/project name and number:
Date of termination:
Reason for termination:
Owner's name:
Owner contact person and tel. no.:
IN WITNESS WHEREOF, BIDDER executes and submits this bid with the names, titles, hands, and seals of all
aforementioned principals dfthiS 14 day of December ,20Gl_. f'otlAl
BIDDER ~ _.--- ~
---- ,~-- ~.~ -.
r wo.5 ....
~~-~::?
~~8g~
~* ,U CD
~ c;: .!.!.g! .a
IoU .2:C ~ )(
~.;Za;w
~ E ~~ E
<><Eoll<a
980 u
z ~
COUNTY OF: Riverside
STATE OF: California
Subscribed and sworn to this ~ day of December
NOTARYPUBLI~~ '-77
,2Q(t
MY NOTARY EXPIRES: ~pril
13 ,2008
B-6
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of one
percent of the bid and to procure materials and equipment from suppliers and vendors as follows:
Name. Address. and Phone Number of Work. Materials. andJor Dollar Value Of o'u Of Total
Subcontractors. Suppliers. and Vendors Eauipment to be provided Subcontract Contract Value
None S u'
10
S 1/6
S 0
'"
$ 0'
/0
$ 0/0
$ %
$ 0/
/0
$ I %
I
I
Totals S %
The prime contractor is required to perform, with its own organization, colltract work amounting to
at least thirty percent (51%) of the Colltract Price.
B-7
" ,
-, ",:t:~~:'~~~~,:'.
FORM':d'F j~.tfi, IJ'6Nr>
,.,
, , ,
, KNOW ALL MEN BY THESE PRESENTS. that we. 'the undersig~ed.
C-18, Inc. :,:as Principal. and
American Contractors Indemnity Company as Surel)'. are hereby
and firmlv bound unto the Cin' of San Bernardino . State of California. hereinafter reterred 10 as "Oblil!ee" in the
penal sum of ten percent ( 10% )*'tlf the total amounl ~f the bid of the Principal submincd to the Obligee fo~ the work
described bilow. for the payment of which sum we hereby jointly and severally bind ourselves. our heirs. executors.
administrators. successor5 and assigns. **Not to exceed Fifty Thousand and No/100 ($50,000.00) **
THE CONDITION OF THIS OBLIGATION IS SUCH. THAT:
WHEREAS. the Principal has submined to Obligee, a certain Bid. anached hereto and hereby made a part hereof to enler inlo
a COntract in writing. for the Annual citywide traffic striping & pavement marking maintenance
services contract - project no. 11329
I Copy IIere Ihe a.\'ocllitle descriptiOn of work, including localian OJ It appears on the fI"OPMOII
for which bids are to be opened on
12/14/04
,lnserr dale of opening)
NOW, THEREFORE.
a. If said Bid shall be rejected. or in [he alternate,-
b, If said Bid shall be accepted and the Principal shall execute a contract
in the fonn of contract attached hereto ( properly completed in accordance
\l'ith said Bid) and shall furnish a hond for his faithful perfonnance of said
contracl, and shall in all other rcspects perfonn the agreement created by the acceptanc:t of said Bid.
then this obligation shall be void; otherwise, the same shall remain in force and effect: it being expressly understood and
agreed thaI the liability of the Surety for an~' and all claims hereunder shall. in no event. exceed the penal amount of this
obligation as herein stated,
The Surety. for value received. hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way
impaired or affected by any extension of the time within which the Obligee may accept such Bid: and said Surety does hereby
waive notice of any such extension.
Signed. this 14th day of December
.20~.
TN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals. and slJch of them as are
corporations have caused their corpora Ie seals to be hereto affixed and these presents to be signed by their proper officers, the
day and year first mentioned.
C-18, Inc.
(SEALl
Am . Company
erican Contractors IndemnHy rSE^LI
Sllre/,'
a, ~,{/ {!:.;~ L yJ1~
~'i"~OI
By:
I $; atrlre
--<
Michael Hathaway Pres.
Primed .\'a",~ a"d Tille
Janelle L. Miller, attorney-in-fact
Pr;Il/c'd SOlUe' un" T;tl.'
NOTE: Notarization of Principal and Surety sigl'la?...,Jre$ and Power of Attorney of the Surety shall accompany this form
B.g
~@
American Contractors Indemnity Company
9841 Airport Blvd., 9th Floor Los Angeles, California 90045
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company ofthe State of California, a California corporation, does hereby appoint,
Cyndi Beilman, Janelle L. Miller, Jeff Aase
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
amount not to exceed $ 3,000,000.00 . This Power of Attorney shall expire without further action on
April 20. 2008
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by
the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of
December, 1990.
"RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President. Secretary or Assistant Secretary. shall have the
power and authority
1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company. and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attorney-in-Fact and revoke the authority given.
RESOL VED FURTHER. that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company
in the future with respect to any bond or undertaking to which it is attached. "
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
authorized officer on the 13th day of October . 200~.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
9
9
INDEMNITY COMPANY
its Senior V ice President
On this I3thdayof October 200~, before me. Ja i ayfield , a notary public, personally appeared
Leon B. Back, JT. Senior Vice President of American Contractors
Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the
foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal. J ~ JACKI LAYFIELD ~
~1. iA Comm.#1484956 IA
V " NOTARY PU8l1C.CALfORNIA VI
Signatureo ot~ ~ 1Iy~.==,2OOIr
I, Jeannie 1. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the
resolutions adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither
the said Power of Attorney nor the resolutions have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this
14th day of
December
, 20DL-.
Bond No.
bid bond
^~fM.40__
Jeannie J. Kim, Corporate Secretary
Agency No. 4000
Rev. POA071/04
ALL-PURPOSE ACKNOWLEDGEMENT
State of California.
(
County of
SAR DIEGO
)
On
12/14/04
Date
before me, RACHEL G. HOLBROOK. ROTARY PUBLIC
Name and Title of Officer (i.e., Your Name, Notary Public)
personally appeared JAHELLE L. HILLER
Name(s) of Document Signer(s)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(es) is/are subscribed to the within instrument and acknowledged to me
that helshe/they executed the same in hislher/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WI1NESS my hand and official seal.
I ~. RACHEL G. HOLBROOK f
... .' COMM. #1499414 0
O. NOTARY PUBUC-GAlIFORNIA ~
(II SAN DIEGO COUNTY ..
I '. My Commission expires I
AUGUST 4. 2008
IZw ~ I-f~!-
Signature of Notary
(AffIX seal in the above blank space)
WORKERS' COMPENSATION INSURANCE
CERTIFICATION
The Contractor shall execute the following fonn as required by the California Labor Code,
Section 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with provisions of that code, and I will comply with such
provisions before commencing the perfonnance of the work of this contract.
Date: December 14, 2004
C-18, Inc.
( Contractor)
By~1 - ~
Mil.:hael Hathaway Pres.
( Title)
Attest:
By:
( Title)
B-9
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS BID
SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE
CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder
, proposed
subcontractor
, hereby certifies that
, has not
participated in a prevIOus contract or subcontract subject
he has
to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246
and that, where required, he has filed with the Joint Reporting Committee, the Director
of the Office of Federal Contract Compliance, a Federal Government contracting or
administering agency, or the former President's Committee on Equal Employment
Opportunity, all reports due under the applicable filing requirements.
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary of Labor ( 41 CFR 60-1.7 (b) (1) ), and must be submitted by bidders and
proposed subcontractors only in connection with contracts and subcontracts which are
subject to the equal opportunity clause. Contracts and subcontracts which are exempt
from the equal opportunity clause are set forth in 41 CFR 60-1.5 ( Generally only
contracts or subcontracts of $10,000.00, or under, are exempt ).
Currently. Standard Form 100 (EE-I) is the only report required by the Executive Orders or
their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract
or subcontract subject to the Executive Orders and have not filled the required reports
should note that 41 CFR 60-1.7(b)( I) prevents the award of contracts and subcontracts
unless such contractor submits a report covering the delinquent period or such other period
specified by the Federal Highway Administration or by the Director. Office ofFederal
Contract Compliance. U.S. Department of Labor.
B-IO
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376,
Stats. 1985 ), the bidder hereby declares under penalty of perjury that the bidder
, has not
x
been convicted within the preceding 3 years of
has
any offenses referred to In that section, including any charge of fraud, bribery,
collusion, conspiracy, or any other act in violation of any state or federal antitrust
law in connection with the bidding upon, award of, or performance of any Public
Works contract, as defined in Public Contract Section 1101, with any public entity
as defined in Public Contract Code Section 1100, including the Regents of the
University of California or the Trustees of the California State University. The
term "bidder" is understood to include any partner, member, officer, director,
responsible managing officer, or responsible managing employee thereof, as
referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not"
in one of the blank spaces provided.
The above statement is part of the Bid. Signing this Bid on the signature
portion thereof shall also constitute signature of this Statement.
Bidders are cautioned that making a false certification may subject
the certifier to criminal prosecution.
B-11
Public Contract Code Section 10162 Questionnaire
In confonnance with Public Contract Code Section 10162. the Bidder shall complete. under penalty of perjury.
the following questionnaire:
Has the bidder. any officer of the Bidder. or any employee of the Bidder who has a proprietary interest
in the Bidder. ever been disqualified. removed. or otherwise prevented from bidding on. or completing
a federal. state or local government project because of a violation of law or a safety regulation')
Yes
No
x
If the answer is yes. explain the circumstances in the following space.
Public Contract Code 10232 Statement
In confonnance with Public Contract Code Section 10232. the Contractor. hereby states under penalty of perjury
that no more than one final unappealable finding of contempt of court by a federal court has been issued against
the Contractor within the immediately preceding two year period because of the Contractor's failure to comply
with an order of a federal court which orders the Contractor to comply with an order of the National Labor
Relations Board.
Note: The above Questionnaire and Statement are a part of the Bid.
Signing this Bid on the signature portion thereof shall also constitute signature
of this Questionnaire and Statement. Bidders are cautioned that making a false certification
may subject the certifier to criminal prosecution.
B-12
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code SectIOn 112
and Public Contract Code SectIOn 7106 )
To the CITY OF SAN BERNARDINO, DEVELOPMENT SERVICES DEPARTMENT,
DIVISION OF PUBLIC WORKS.
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, the
bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired. connived,
or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from
bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further. that the bidder has
not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or date relative thereto, or paid. and will not pay any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
Note: The above Non-Collusion Affidavit is part of the Bid,
Signing this Bid on the signature portion thereof shall also constitute signature
of this Non-Collusion Affidavit. Bidders are cautioned that making a false certification
may subject the certifier to criminal prosecution.
B-13
CERTIFICATION
By my signature on this bid or proposal I certify, under penalty of
perjury under the laws of the State of California, that the foregoing
questionnaire and statements of Public Contract Code Sections 10162, 10232
and 10285.1 are true and correct and that the bidder has complied with the
requirements of Section 8103 of the Fair Employment and Housing
Commission Regulations ( Chapter 5, Title 2 of the California Administrative
Code). By my signature on this bid or proposal I further certify, under
penalty of perjury under the laws of the State of California and the United
States of America, that the Title 23 United States Code, Section 112, Non-
Collusion Affidavit and the Title 49 Code of Federal Regulations, Part 29,
Debarment and Suspension Certification are true and correct.
Date: December 14, 2004
C-18, Inc.
(Name of Bidder )
SIGN
. Michael Hathaway
HERE
(Print Name of Person Signing)
Business Address: P .0. Box 3360
Beaumont, C~ 92223
Address of Residence: 330 E. 3rd Street
Beaumont, C~ 92223
B-14
REFERENCES
The City of SAN BERNARDINO is interested in obtaining bids from the most qualified and capable
contractors with a proven track record able to perform work desired by the Public Services Department.
The following are references for three public agencies for which BIDDER has performed similar work
within the past three years.
Reference 1
Project Name 2003 2004 Street StrininQ Pr~~~~-
Brief Description Road Striping and Marking
Contract Amount $225,000.00
Completion Date A. A. ,.:"
Project Owner/Client City of Yemecula
Address P.O. Box 9033, Temecula CA. 92589-9033
Contact Person Brad Buron
Tel 951-694-6411
Reference 2
Project Name Citywide Striping
Brief Description Road Striping and Marking
Contract Amount $50,000.00
.
Completion Date b'l1 - .
I Project Owner/Client v ""
City of Perris
Address P.O. Box 606, Perris CA. 92570
Contact Person Wayne
Tel 909-657-3280
Reference 3
Project Name Citywide Striping
Brief Description Road Striping and Marking
Contract Amount $30,000.00
Completion Date .J~ 2-t'OV
Project Owner/Client City of Highland
Address 27215 Baseline, Highland CA. 92346
I Contact Person Larry ~Ji 11 iams
I Tel 909-864-6861 ext. 216
B-15
SPECIAL PROVISIONS
ANNUAL CITYWIDE TRAFFIC STRIPING & PAVEMENT MARKINGS
MAINTENANCE SERVICES CONTRACT
SECTION 1
1-1 SPECIFICATIONS AND PLANS
1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the
latest editions of the Standard Specifications for the Public Works Construction, the City of San
Bernardino Standard Drawings, and the Standard Specifications and Plans for Construction of
Local Streets and Roads, issued by the State of California Department of Transportation insofar
as the same apply and in accordance with the following Special Provisions.
1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms
are used, they shall be understood to mean and refer to the following:
Al!encv
The City of San Bernardino.
Board -
The Mayor and Common Council
for the City of San Bernardino.
City Enl!ineer
The City Engineer, Division of Public Works,
Department of Development Services
for the City of San Bernardino.
Laboratory -
The laboratory to be designated by
the City of San Bernardino to test materials
and worked involved in the contract.
Office of the District -
Whenever, in the Standard Specifications, reference is made
to the office of the District or the District's office, such
references shall be deemed made to the City of San
Bernardino's Public Works Division Office, located in the
City of San Bernardino's Development Services
Department.
SP-l
The mailing address for the City of San Bernardino's Public
Works Division is:
City of San Bernardino
Development Services Department
Public Works Division
300 North "0" Street, 3rd Floor
San Bernardino, CA 92418
Office or Office of Structures Desi2n - Office of the City of San Bernardino
Public Works Division
Resident En2ineer - The Resident Engineer is the City of San Bernardino's City
Or En2ineer Engineer, registered as a Civil Engineer in the State of California, or the
designated representative of the City of San Bernardino's
City Engineer, registered as a Civil Engineer in the State of
California.
State Hi2hwav En2ineer - The City of San Bernardino's City Engineer, registered as
a Civil Engineer in the State of California.
Transportation Buildin2 - Sacramento - The City of San Bernardino Public Works
Division Office, Citv Hall, 3rd Floor.
Notice Advertisin2 for Bids - Notice Inviting Bids.
Standard Specifications
- Latest edition of the Standard Specifications for Public
Works Construction "Green Book".
Other terms appearing in the Standard Specifications, and these Special Provisions, shall
have the intent and meaning specified in Section 1-2, "Definitions", in the Standard
Specifications.
1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the
Agency are contained in the most current edition of the ST ANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated
by the Joint Cooperative Committee of the Southern California Chapter of the American Public
Works Association and the Southern California District of the Associated General Contractors
of California.
SP-2
The Standard Specifications set forth above will control the general provisions for this
Contract except as amended in the Contract Documents.
Only those Sections requiring amendment or elaboration or specifying options are called
out.
In case of conflict between the Standard Specifications and the Special Provisions, the
Special Provisions shall take precedence over and be used in lieu of such conflicting portions.
References in the Special Provisions to "CAL TRANS Standard Specifications" shall
mean the most current edition of the Standard Specifications for Construction of Local Streets
and Roads, issued by the State of California, Department of Transportation.
References in the Special Provisions to Standard Plans shall mean the latest edition of
the Standard Plans for Construction of Local Streets and Roads, issued by the State of
California, Department of Transportation.
Where the Plans, Specifications and/or Work Orders describe portions ofthe work in
general terms, but not in complete detail, it is understood that the item is to be furnished and
installed complete and in place, that only the best general practice is to prevail and that only
materials and workmanship of the first quality are to be used. Unless otherwise specified, the
Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the
work involved in executing the Contract.
1-1.04 TAXES -- No mention shall be made in the bid of Sales Tax, Use Tax, or any
tax, as all amounts bid will be deemed and held to include any such taxes, which may be
applicable.
1-1.05 INTERPRETATION OF PLANS AND DOCUMENTS -- If any person
contemplates submission of a bid for the proposed contract and is in doubt as to the true
meaning of any part of the services to be performed, they may submit a written request for an
interpretation or correction thereof. The person submitting the request will be responsible for its
prompt delivery.
Any interpretation or correction of the proposed documents shall be made only by
addendum duly issued and a copy of such addendum will be faxed and mailed or delivered to
each person of record as having received a set of such documents. The City will not be
responsible for any other form of explanation or interpretation of the proposed documents.
SP-3
1-1.06 ADDENDA OR BULLETINS -- All Bidders are advised as to the possibility
of issuance of addenda affecting the items, scope or quantity of the work required for this
project. Each Bidder shall be fully responsible for informing themselves as to whether or not
any such addenda have been issued. The effect of all addenda to the Contract Documents shall
be considered in the bid and said addenda shall be made a part of the Contract Documents and
shall be returned with them. Failure to cover in a bid any such addenda issued may render the
bid irregular and may result in its rejection by the City.
1-1.07 PLANS AND SPECIFICATIONS TO BE PROVIDED -- The City will
provide the Contractor with one (1) copy of the Contract Documents at no cost after the A ward
of Contract. The Contractor shall obtain all additional sets at its own cost.
SP-4
SECTION 2
2-1 BID BONDS
2-1.01 GENERAL -- Bids must be submitted on the bid fonn contained herein. All
bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable
to the City of San Bernardino, in the amount often 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 or her. In the event the bidder, to whom the contact is awarded, fails or refuses to execute
said contract, and/or fails to file the necessary bonds and insurance certificate within ten (10)
working days after the date of the City's Notice of Award, 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 above cash, check, or bond shall be paid to the City as
liquidated damages and not 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. Bonds must be issued by a
surety who is listed in the latest version of u.S. Department of Treasury Circular 570 and is
authorized to issue bonds in California. All bonds furnished pursuant to this notice must be in
accordance with Section 2-4 of the latest edition of the Standard Specifications for Public
Works Construction. The Fonn of Bid Bond is contained in the Bid Documents in Part I of
these Special Provisions. Notarization of both the signatures of the Principal and the Surety and
the Power of Attorney of the signing Surety shall accompany this fonn. Any bid not
accompanied by such bid bond will be rejected as invalid. The bid guarantee of all bidders will
be held until the successful bidder has executed and submitted all contract documents.
SP-5
SECTION 3
3-1 A WARD 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 first or second regular meeting following the 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 DISQUALIFICA TION OF BIDDERS -- In the event that any Bidder acting as
a prime contractor has an interest in more than one bid, all such bids will be rejected and the
Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who
may submit quotations to more than one Bidder and, while doing so, may also submit a formal
bid as a prime contractor.
No contract will be executed unless the Bidder is licensed in accordance with the
provisions of the State Business and Professions Code.
Contractor shall fill out, complete and follow all the specification requirements.
3-1.03 A WARD OF CONTRACT -- Following a review of the bids, the City shall
determine whether to award the contract or to reject all bids. The award of contract, if made,
will be to the lowest responsible Bidder as determined solely by the City. Additionally, the City
reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any
irregularity and to take the bids under advisement for the period of time stated in the legal notice
inviting sealed bids as may be required to provide for the best interest of the City. The
Contractor's original signature on the submitted Bid form shall constitute a commitment on the
part of the Bidder to furnish the items as set forth in the Bid Form, the Instructions to Bidders,
the Plans, the Special Provisions and the Notice Inviting Bids. The Bidder to whom the contract
is awarded shall be notified upon approval of the contract by the City's Public Works Division.
SP-6
The Notice Inviting Bids, the Instructions to Bidders, the Bid Form, Special Provisions and
Standard Plans, Standard Specifications, and Addenda, together with any attachments, shall be
considered the Contract Documents and are part of the contract between the City and the Bidder
to whom a contract is awarded. In no event will an award be made until all necessary
investigations are made as to the responsibility and qualifications of the Bidder to whom the
award is contemplated.
3-1.04 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS --
A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar
with the Specifications, and addenda, and all other Contract Documents. The
submission of a Bid shall constitute an acknowledgement upon which the City
may rely that the Bidder has thoroughly examined and is familiar with all the
Contract Documents.
B. The failure or neglect of a Bidder to receive or examine any of the Contract
Documents shall in no way relieve that Bidder from any obligation with respect to
its Bid or to the Contract. No claim for additional compensation will be allowed
which is based upon a lack of knowledge of any Contract Documents.
C. The Bidder shall not be allowed any extra compensation by reason of any matter
or thing, concerning that which such the Bidder might have fullv informed
- - ......
himself prior to the bidding.
D. No Bidder shall at any time after submission of a bid make any claim or assertion
that there was any misunderstanding or lack of information regarding the nature
or amount of work necessary for the satisfactory completion of the job.
SP-7
SECTION 4
4-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
AND LIQUIDATION DAMAGES
4-1.01 GENERAL Attention is directed to the provIsIOns in Section 6-1,
"Construction Schedule and Commencement of Work" and in Section 6-9, "Liquidated
Damages" of the Standard Specifications and these Special Provisions.
4-1.02 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San
Bernardino the sum of $100.00 per day for each calendar day's delay in commencimr the work
in excess of the number of working days prescribed above.
In case the work is not commenced within the time specified, the City shall have the
right to grant or deny an extension of time for commencement, as may seem best to serve the
interest of the City. The Contractor will not be assessed with liquidated damages during the
delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the
State, fire not due to acts of Contractors or Subcontractors, epidemics, quarantine, restrictions,
freight embargo, unusually severe weather, or delays of Subcontractors due to such causes
provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify
the City, in writing, ofthe cause of the delay. The City will ascertain the facts and the extent of
the delay, and the findings thereon shall be final and conclusive.
The Contractor's proposed Construction Schedule shall be submitted to the Engineer a
within 3 calendar days of issuance of a Work Order describing the work to be completed.
4-1.03 INSPECTION The contractor is responsible to notify the Public
W orks/Engineering Division 48 hours prior to start of any work. Any work performed without
inspection by the City is subject to rejection and removal of work performed, and at contractor
expense, the work will have to be reconstructed.
For inspection after regular working hours, see Section 6-1.06 "HOLIDA YS,
WORKING DAYS AND HOURS".
SP-8
SECTION 5
5-1 LEGAL REQUIREMENTS
5-1.01 INSURANCE REQUIREMENTS -- Contractor shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work hereunder by
the Contractor, his agents, representatives, employees or subcontractors.
The Contractor shall indemnify and hold harmless the City of San Bernardino, the State
of California, the County of San Bernardino and/or any incorporated city from all claims or
suits for damages arising from the prosecution of the contract work, as more fully described in
Subsection 5-1.06, "Contractor's Liability".
The Contractor agrees to protect, defend and indemnify the City of San Bernardino
against loss, damage or expense by reason of any suit claims, demands, judgements and causes
of action caused by the Contractor, its employees, agents or any subcontractor, or by any third
party arising out of or in consequence of the performance of all or any operations covered by the
Certificate of Insurance. The Contractor, at its option, may include such coverage under Public
Liability coverage.
5-1.02 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 prior to execution of the
contract. All of 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 forms signed by the broker,
unless they have Power of Attorney to bind the insurance provider. (See attached sample
forms. )
Contractor shall maintain minimum limits of insurance no less than:
1. General Liabilitv: $1,000,000.00 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
SP-9
2.
Products/Completed:
$1,000,000.00
'"
.).
Automobile Liabilitv:
$1,000,000.00 per accident for
bodily injury and property damage.
$1,000,000.00 per accident for
bodily injury or disease.
Completed value of the project.
4.
Emplover's Liability:
5.
Course of Construction:
A combined single limit policy with aggregate limits in an amount of not less than TWO
MILLION DOLLARS ($2,000,000.00) shall be considered equivalent to the said required
minimum limits set forth hereinabove.
5-1.03 WORKER'S COMPENSA nON INSURANCE -- The Contractor's attention is
directed to Section 7-4, "Worker's Compensation Insurance", of Standard Specifications,
providing that the Contractor shall file a signed certification Certificate of Worker's
Compensation Insurance before execution of the contract.
5-1.04 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.
5-1.05 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-IO
(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.
5-1.06 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor, the
City Councilor the Engineer shall not be answerable or accountable in any manner for any loss
or damage that may happen to the work or any part thereof; or for any of the materials or other
things used or employed in performing the work; or for injury to any person or persons, either
workmen or the public; or for damage to any person or persons, either workmen or the public;
or for damage to adjoining property from any cause which might have been prevented by the
Contractor, or his workmen, or anyone employed by him; against all of which injuries or
damages to persons and property the Contractor, having control over such work, must properly
guard. The Contractor shall be responsible for any damage to any person or property resulting
from defects, obstructions, or any time before its completion and final acceptance, and shall
indemnify and save harmless the City of San Bernardino, the Mayor, the City Council and the
Engineer from all suits or actions of every name and description brought for, or on account of,
any injuries or damages received or sustained by any person or persons, by the Contractor, his
servants or agents, in the construction of the work or in consequence of any negligence in
guarding the same, in improper materials used in its construction, by or on account of any act or
omission of the Contractor or his agents, and so much of the money due the Contractor under
and by virtue of the Contract as shall be considered necessary by the City may be retained by
the City until disposition has been made of such suits or claims for damages aforesaid.
If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or
adequate at any time during the life of the Contract, the Engineer may order the Contractor to
take further precautions, and if the Contractor shall fail to do so, the Engineer may order the
work done by others and charge the Contractor for the cost thereof, such cost to be deducted
from any monies due, or becoming due, the Contractor. Failure of the Engineer to order such
additional precautions, however, shall not relieve the Contractor from his full responsibility for
public safety.
SP-ll
5-1.07 ATTORNEY'S FEES AND ARBITRATION -- 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 attorney 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 attorney's fees for the purposes of this
Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is
hereby specifically excluded from this Contract.
5-1.08 WITHDRAWAL OF BIDS -- A bid may be withdrawn by a written request
signed by the Bidder. Such requests must be delivered to the City's designated official prior to
the bid opening hour stipulated in the "Notice Inviting Bids". The withdrawal of a bid will not
prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may
not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee.
5-1.09 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions
attached to a bid will render it irregular and may cause its rejection. The completed bid forms
shall be without interlineation, alterations, or erasures. No oral, telegraphic, or telephonic bid,
modification, or withdrawal will be considered.
SP-12
COMMERCIAL ASSOCIATES INS, INC
1226 EAST LA PALMA AVE
ANAHEIM, CA 92807
(714) 524-4949 FAX: 524-4940
DATE (MMlYYIODI
02/15/98
~~ ' iCORD fJ
~""-""':''O'''''"'
PRODUCER
COMPANY
A CNA-TRANSCONTINETAL
INSURED
COMPANY
B CNA-VALLEY FORGE
INLAND LANDSCAPING SERVICES
3000 CALIFORNIA STREET
SAN BERNARDINO, CA 92407
COIIPAHY
C CHUBB GROUP-FEDERAL INSURANCE
COMPANY
D
COVERAGES ,', .;:. ~." .,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER POlICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMlYYIDD) DATEI~IDD)
COMMERCIAL GENERAL UAlllLITY
CLAIMS MADE [K] OCCUR
OWNER'S" CONTRACTOR'S PROT
1022875769
02/01/98
02/01/99
GENERAL AGGREGATE
PROOIJCTS.COIIPIOP AGG
PERSONAl. .. ADV INJURY
EACH OCCURENCE
FIRE DAMAGE (Any OlIO fiR)
MocIo.p (Any OlIO poIWon)
52,000,000
51,000,000
51,000,000
s 1,000,000
5 50,000
s 5,000
GENERAL UABILITY
COMBINED SINGLE LIMIT
51,000,000
B
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON.CJWNED AUTOS
BOOIL Y INJUTY
IP"'ponon)
s
BAP 5197135 02/01/98
02/01/99
BODILY INJURY
(Po, occl-.)
5
OTHER
PROPERTY ACCIDENT
AUTO ONLY -EA ACCIOENT
5
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AHD
EMPLOYER'S LIABILITY
5
5
S
THE PROPRIETORl
PARTNERS/EXECUTIVE
OFFICERS ARE:
INCL
EXCl
W~ ~X)OO(.
01./0Ih'6
O'2/fJl!9B;
EL DISEASE. EA EMPLOYEE
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlSPECIAL ITEMS
JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED
RE: AD 2000, CONTRACT 9898
BELOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY
CERTIFICATE HOLDER
. CANCELLATION
THE CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418-0001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL i~lll"""'A Tll MAIL
B. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE LEFT,
'I,:r r"Ib.' 'Rt TO rvn. &:Y~1l4 ~1,rn'li tW"l.l. rr1ngi;i rIg Oib.I~""Q'" Qq U~.aIb.IT'(
or "flU KltlQ "PQu T\Jt ~Q"""uJY ~r A~ttR"r 9~ Rt:P~t[t:.~"Tr~t
ACORD 25-S (1195)
AU~R~E~
C ACORD CORPORATION 1918
,P_l ~
COMMERCIAL GENERAL LIABILITY
NAMED INSURED:
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ------ OWNERS, LESSES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES/PUBLIC WORKS
300 NORTH "0" STREET
SAN BERNARDINO, CA 92418-0001
SAMPlE ONlY
(If no 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 II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
NOTE: MUST BE SIGEND BY AUTHORIZED REPRESENTATIVE FOR PROVIDER.
ALSO SUPPLY POWER OF ATTORNEY GIVING A UTHOR/TY TO BIND
CG 20 10 II 85
Authorized Representative for
CNA Insurance Group
Golden Eagle Insurance Company
SP-14
SECTION 6
6-1 GENERAL
6-1.01 NOISE CONTROL REQUIREMENTS -- Noise control shall comply with
Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions.
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.
6-1.02 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
REQUIREMENTS -- The Contractor shall comply with all the NPDES requirements pursuant
to the State Water Resources Board and to the Caltrans Storm Water Quality handbooks to
prevent pollutant sources affecting the quality of storm discharge from the construction site,
both during construction and after construction completion. This information is available for
review at the City Engineer's office, Third Floor, San Bernardino City Hall, 300 North "D"
Street, San Bernardino, CA 92418. Only clean water is allowed to drain into the storm drain
system.
6-1.03 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City
Business Registration prior to the execution of the contract.
Permits will NOT be required for work within the City owned right-of-way. When and
where applicable and necessary, the Contractor shall obtain all required permits from all other
agencies including, but not limited to, County Flood Control, Railroad, Caltrans, Fish & Game,
Corp. of Engineers, Regional Water Quality Board, etc., at his/her own expense, unless
otherwise stated in the Contract Documents. Contractor shall obtain a City of San Bernardino
Business License at hislher own expense.
SP-15
6-1.04 EXTRA WORK AND MARKUP -- Any extra work done shall confonn to the
provisions of Section 3.3, "Extra Work", of the Standard Specifications, subject to the
restrictions of Section 20452 and 20455 of the Public Contract Code.
A. Work bv Contractor The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1 )
2)
3)
4)
Labor
Material
Equipment Rental
Other items and Expenditures
20
15
15
15
To the sum of the costs and markups provided for in this subjection,
compensation for bonding shall be at the rate specified by the bonding company.
B. Work bv Subcontractor When all or any part of the extra work is perfonned
by a Subcontractor, the markup established above shall be applied to the
Subcontractor's actual cost of such work, also a markup of 10 percent on the first
$5,000.00 of the subcontracted portion of the extra work and a markup of 5
percent on work added in excess of $5,000.00 of the subcontracted portion of the
extra work may be added by the Contractor.
6-1.05 HOLIDAYS, WORKING DAYS AND HOURS -- The Contractor's activities
shall be confined to the hours between 7:30 a.m. and 4:00 p.m., Monday through Friday,
excluding holidays, as defined in this section. Deviation from these hours will not be pennitted
without the prior consent of the City Engineer, except in emergencies involving immediate
hazard to persons or property. No traveled lane shall be closed during rush hour, (7:00 a.m. to
8:30 a.m. and 4:30 p.m. to 6:00 p.m., unless approved by the City Engineer.
The Contractor shall coordinate with the City Engineer regarding working hours prior to
start of construction.
The Contractor will coordinate inspections with the Public Works Inspector 48 hours prior to any work being done
during evenings or Saturdays.
Designated legal Holidays are: January 1 S\ the third Monday in January, the third
Monday in February, the last Monday in May, July 41\ the first Monday in September,
November 11 th, Thanksgiving Day and the Friday following, December 25th and the working
day preceding or following (as directed by the Mayor and Common Council) and the last
working day of the year. When a designated legal holiday falls on a Sunday, the following
SP-16
Monday shall be a designated legal holiday. When a designated legal holiday falls on a
Saturday, the preceding Friday shall be designated a legal holiday.
6-1.06 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9-3.2,
"Partial and Final Payment", of the Standard Specifications and these Special Pro\'isions.
No partial payment will be made for any materials which are furnished, but not
incorporated in the work.
CONTRACTOR shall receive and accept the prices as set forth in the Bid
Schedule as full compensation for furnishing all materials, performing all work
contemplated, and fulfilling all obligations embraced in this agreement. Said
compensation shall be based on actual bid quantities completed pursuant to request of,
and issuance of a Work Order by the City. Said compensation shall cover all expenses,
losses, damages, and consequences arising out of the nature of the work during its
progress or prior to its acceptance including those for well and faithfully completing
the work and the whole thereof in the manner and time specified in the Contract
Documents and the requirements of the City, and also including those arising from
actions of the elements, unforeseen difficulties or obstructions which may arise or be
encountered in the prosecution of the work, and for all other unknowns or risks of
every description connected with the work; also for all expenses incurred by or in
consequence of suspension or discontinuance of work. City shall herein retain ten
percent (10%) of the amount pertaining to compensation for actual bid quantities,
completed pursuant to request and issuance of a Work Order by the City, until 35 days
after completion of work described in said Work Order issued by the City.
The Contractor also agrees that there is no warranty or guarantee given or implied as
to the total amount of work to be ordered as a result of this contract. The quantities
stated in the bid are estimates of annual usage, to be used for bid comparison purposes
only. Specific quantities of work will be ordered as needed in the minimum amounts
described in the Contract Documents. Contractor hereby agrees that the City reserves
the right to increase or decrease the amount of any quantity shown in the bid schedule
and to delete any item from the contract and pay the contractor at the bid unit prices.
6-1.07 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance
to the work induding use of street sweeping.
SP-I7
6-1.08 DISPOSAL OF EXCESS EXCA VA TED 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.
The Contractor is encouraged to recycle all materials. The Contractor shall provide the
City all documents as to the weight of materials removed during excavations in accordance with
the requirements of AB939.
6-1.09 CLA YTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State
Government Code specifies that in executing a public works contract with the CITY to supply
goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the
CITY all rights, title and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with
Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from
purchase of goods, services or materials pursuant to the contract or subcontract. This
assignment shall become effective when the CITY tenders final payment to the Contractor
without further acknowledgement by the parties.
6-1.10 PROJECT ERRORS, OMISSIONS, INCONSISTENCIES, AND/OR
DISCREPANCIES -- In the event of errors, omissions, inconsistencies, and/or discrepancies
among two or more portions of the Contract Documents, the Engineer may direct the Contractor
to follow the most stringent requirements at no additional cost.
If errors, omission, inconsistencies, and/or discrepancies appear in the Contract
Documents or in the work done by others affecting this work, the Contractor shall immediately
notify the Engineer prior to proceeding with the work, and the Engineer shall issue appropriate
instructions. If the Contractor proceeds with the work so affected, without instructions from the
Engineer, the Contractor shall remove the incorrect work or make the necessary corrections to
comply with the Engineer's instructions at no cost to the City of San Bernardino.
In case of" conflicts. errors. omissions. inconsistencies. and/or discrepancies on the plan sheets. II IS
assumed that the bid included the cost for implementing and/or constructing the discrepancy that
would have the highest dollar value.
6-1.11 EMERGENCY INFORMATION -- The names. addresses and telephone numbers of
the Contractor and subcontractors. or their representatives. which can he reached and will respond
to calls 2./ hours/day. shall be filed with the Office of the City Engineer prior to beginning work.
SP-18
6-1.12 MAINTENANCE OF EXISTING IMPROVEMENTS -- The Contraclor shall proleel
and maintain all existing improvements andfacilities in place to remain from the tin'! day of\mrk
under Ihis contract to acceptance. Contractor is responsible for replacing any damaged
improvement orfacility to original condition or better.
6-1.13 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be soleh and completely
responsible for conditions of the job site. including safety of all persons and property during
performance of Ihe work. This requirement shall apply continuous(v and not be limited to normal
working hours. Safety provisions shall conform 10 U.S Department of Labor (OSHA). the
California Occupational Safety and Health Act. and all other applicable Federal. State. County.
and Cil)' laws. ordinances. regulations. codes. the requirements .lei forth helo\t'. and any
regulations thai may be detailed in other parts of the Contract Documenls. IVhere any of these are
in conflict. the more stringent requirement shall befolloll'ed.
6-1.14 SAFETY SUPERVISOR AND MEETINGS --
A. The Contractor shall appoint an employee as safety supervisor who is qualified
and authorize to supervise and enforce compliance with the Safety Program. The
Contractor shall notify the Engineer in writing prior to the commencement of
work of the name of the person who will act as the Contractor's Safety
Supervisor.
B. The Contractor will, through and with his Safety Supervisor, ensure that all of its
employees, and its subcontractors of any tier, fully comply with the Project Safety
Policies. The Safety Supervisor shall be a full-time employee of the Contractor
whose responsibility shall be for supervising compliance with applicable safety
requirements on the work site and for developing and implementing safety
training classes for all job personnel.
C. The Contractor and its affected subcontractors shall attend safety coordination
meetings. The minutes of their meetings shall be submitted to the Engineer.
6-1.15 PAYMENT -- Full compensation for conforming to the requirements of
Section 6 shall be considered as included in the unit prices paid for the various contract items of
work involved and no additional compensation will be allowed therefor.
SP-19
SECTION 7
7 -I UTILITIES
7-1.0 I 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. Notify the Engineer immediately of any conflict. The Contractor is responsible for
coordinating work with the utility owners.
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 coordinate his work with utility owners and their 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. These names and phone numbers are listed for information purposes only. The
Contractor is responsible for verifying phone numbers and contact persons.
SOUTHERN CALIFORNIA EDISON COMPANY
287 Tennessee Street
Red1ands, CA 92373
Phone: (909) 307-6788 Attn: Ben Murguia
SOUTHERN CALIFORNIA GAS COMPANY
1981 West Lugonia Avenue
Red1ands, CA 92373
Phone: (909) 335-7772 Attn: Devry Jennings
SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
300 North "D" Street
San Bernardino, CA 92418
Phone: (909) 387-7224 Attn: Ellis Williams
SP-20
VERIZON COMMUNICA nONS
1960 Orange Tree Lane, Suite # 1 00
Redlands, CA 92374-2803
Phone: (909) 748-6644
Phone: (909) 748-6647
Attn: Chuck Austin
Attn: Terry Dietz
ADELPHIA
1500 Auto Center Drive
Ontario, CA 91761
Phone: (909) 975-3349 Attn: Jack Hays
ADELPHIA
1500 Auto Center Drive
Ontario, CA 91761
Phone: (909) 721-8588 (cell) Attn: Mark Davenhauer
A.T. & T.
OSP Engineering
Cable Maintenance & Right-of-Way
360 East Alessandro Boulevard
Riverside, CA 92508-2402
Phone: (909) 776-3907 - Franco Jauregui
Phone: (888) 692-1288 - Rubin Martinez
Fax: (909) 776-3910
U.S. SPRINT COMMUNICA nONS
Attn: Outside Plant Engineering
282 South Sycamore Street
Rialto, CA 92376
Phone: (909) 874-7450 Attn: Lynn Durrett
MCI WORLDCOM
Pacific Division
157 S. Lilac Avenue
Rialto, CA 92376
Phone: (909) 421-5003
Attn: Jim Yoder
SP-21
TIME WARNER TELECOM
430 N. Vineyard Avenue, Suite #150
Ontario, CA 91764
Phone: (909) 456-3693 Attn: Bart Vanwey
SBC (PACIFIC BELL TELEPHONE COMPANY)
A TTN: Right-of- Way Liaison
. ND
3939 E. Coronado Street, 2 Floor
Anaheim, CA 92807
Phone: (714) 999-5454 Attn: Larry Todd
MCI
NA TIONAL SUPPORT/INVESTIGA TIONS
Dept. 2855 Loc 642
2250 Lakeside Boulevard
Richardson, TX 75082
Phone: (972) 656-1030 Attn: Jonathan Clark
MCI
Puts ide Plant Transmission
157 S. Lilac
Rialto, CA 923 76
Phone: (909) 421-5039
Attn: Chuck Trimble
SAN BERNARDINO COUNTY INFORMATION SERVICES
NETWORK SERVICES
777 E. Rialto Avenue
San Bernardino, CA 92415-0740
Phone: (909) 387-2010 Attn: David Buchanan
CITY OF SAN BERNARDINO
TRAFFIC SIGNALS
234 S. Mt. View, #110
San Bernardino, CA
Phone: (909) 384-5129 Attn: Scott Zehm
SP-22
7-1.02 PAYMENT -- Full compensation for conforming to the requirements of Section
7 shall be considered as included in the unit prices paid for the various contract items of work
involved and no additional compensation will be allowed therefor.
SP-23
SECTION 8
8-1 DESCRIPTION OF WORK
8-1.01 DESCRIPTION -- The work to be done consists, in general, of applying traffic
striping and pavement markings at various locations throughout the City as requested by the
City through the issuance of Work Orders, specifying the location, limits, and detail of the
desired work, including applicable items or details that are required by the Standard Plans,
Standard Specifications, or these Special Provisions.
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.
The work to be done shall include furnishing all materials, equipment, tools, labor, taxes
and incidentals as required by the Contract Documents to construct the project.
8-1.03 PRE-BID INQUIRIES -- NO ORAL representations or interpretations will be
made to any Bidder as to the meaning of the Specifications, Plans, any addenda, or other
Contract Documents. Written requests for an interpretation, or to identify a potential omission,
discrepancy, or misunderstanding wiII be accepted until one week prior to bid opening.
Addenda issued during the time of bidding shall become a part of the documents
furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be
made a part of the contract. Each Bid shall include specific acknowledgement in the space
provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge
Addenda may result in the Bid being rejected as not responsive.
If there are any questions regarding this project, please contact:
SP-24
City Engineer's Office
San Bernardino City Hall
300 North "D" Street", 3rd Floor
San Bernardino, CA 92418
Attention: Robert Eisenbeisz
Senior Civil Engineer/ Project Manager
Re: Plans & Special Provisions No. 11329 -- ANNUAL CITYWIDE TRAFFIC
STRIPING & PAVEMENT MARKINGS MAINTENANCE SERVICES
CONTRACT
Tel: (909) 384-5203; Fax: (909) 384-5155
E-mail: eisen beisz _ ro@sbcity.org
SP-25
SECTION 9
9-1 TRAFFIC CONTROL
9-1.0 I GENERAL -- Attention is directed to Section 7-10, "Public Convenience and
Safety", of the latest edition of the Standard Specifications for Public Works Construction and
these Special Provisions.
Warning signs, lights, cones, barricades and devices for use in perfonnance of work
upon highways shall confonn to the latest editions of the "Manual on Unifonn Traffic Control
Devices" and "California Supplement", published by the Federal Highway Administration and
the State of California, respectively.
The Contractor shall be responsible for all temporary traffic control, including placement
oftemporary devices, subject to review and approval by the City Engineer. Upon completion or
suspension of the work, the Contractor shall restore all existing signing and striping to original
their condition as directed by the City Engineer.
All warning, regulatory and construction signs shall be fully reflectorized. The traffic
cones to be used shall be thirty-six inches (36") in height, rubber or plastic, and be reflectorized.
All work areas for the night must be properly lighted to the satisfaction of the City Engineer.
The Contractor shall take all necessary measures to maintain a normal flow of traffic to pre\ent accidents and to protect the
work throughout the construction stages until completion of the work. The Contractor shall make the necessary arrangements to
provide and maintain barriers. cones. barricades. construction warnings. regulatory signs and any other safety control devices.
including flagmen. The Contractor shall take measures necessary to protect all other portions of the work during construction and
until completion. providing and maintaining all necessary barriers. barricade lights and striping. including crosswalks.
In addition to the foregoing traffic control and safety measures, the Contractor shall
undertake immediately to implement any measures requested by the City Engineer, as defined
necessary to ensure the proper flow of traffic and the protection of the public and the safety of
the workers. The Contractor shall maintain at all times when temporary traffic control is in
place, the ability to respond to calls from the Engineer, including during non-working hours to
replace or provide additional traffic control or safety devices as required.
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 seven (7) days prior to
commencement of work. This notification shall explain the sequence of work and indicate any
SP-26
restrictions of parking and 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 City Engineer.
If such approval is granted. the Contractor shall furnish. maintain. and install (seven days prior to the start of work) all
nTEMPORAR Y NO P ARKINGn signs with the duration of the no parking time wrinen on them. The Contractor will be responsible
for posting. removing. and maintaining these signs as required for this project. The Contractor shall make his own arrangements
relative to keeping the working area clear of parked vehicles. The Contractor shall obtain prior approval from the Engineer for
removal of vehicles.
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 Engineer.
9-1.05 ACCESS TO ABUTTING PROPERTY AND ROAD AND TRAVEL LANE
CLOSURE -- The Contractor shall so conduct his operations as to offer the least possible
obstruction and inconvenience to the public. Convenient access to abutting properties shall be
maintained and remain open, unless approved by the Engineer.
If lane closures are approved by the Engineer. the full width of the traveled way shall be open for use by public traffic from
4:00 p.m. to 8:30 a.mn all day for 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. The Contractor shall install
signs to notify the public of days and times that traveled lanes or roads will be closed seven (7) days in advance of lane or road
closures. No traveled lane will be closed without authorized approval given by the Engineer.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way
at any time.
9-1.06 PUBLIC CONVENIENCE -- During the progress of work, adequate provisions
shall be made by the Contractor to accommodate the normal vehicular and pedestrian traffic
SP-27
along streets, roads, and highways, immediately adjacent to or crossing the work, so as to cause
a minimum of inconvenience to the general public.
Emergency vehicles shall be permitted access at all times to any street.
9-1.07 FLASHING ARROW SIGNS -- The Contractor shall furnish and maintain
flashing arrow signs (F AS) during lane closures or detours on streets. The Engineer shall
determine when F AS is required at any location.
9-1.08 PA YMENT -- 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 unit prices paid for the various
contract items of 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 City
Engineer, public traffic will be better served and work expedited. Said modifications or
alterations shall be adopted immediately and shall be considered paid in full as included in the
unit prices paid for the various contract items of work involved and no additional compensation
will be allowed therefor.
SP-28
SECTION 10 THROUGH SECTION 19
BLANK
SP-29
SECTION 20
20-1 TRAFFIC STRIPES, PAVEMENT MARKINGS, AND RAISED
PAVEMENT MARKERS
20-1.01 GENERAL -- Applying traffic striping and pavement markings
shall conform to the requirements of Section 310-5.6, "Painting Traffic Striping,
Pavement Markings, and Curb Markings", of the Standard Specifications, Section
84, "Traffic Stripes and Pavement Markings" of the CAL TRANS Standard
Specifications, the CAL TRANS Standard Plans, and these Special Provisions.
20-1.02 TRAFFIC PAINT - Paint shall conform to the requirements of
Section 210-1, "Paint", of the Standard Specifications. The paint shall contain pre-
mixed glass beads with additional glass beads to be mechanically applied when the
paint is applied, in accordance with Section 210-1.6.5, "Reflective Material", of the
Standard Specifications.
The following APPLICA nON PROCEDURE WILL BE FOLLOWED:
1. Traffic striping, curb markings and pavement markings shall be applied
in two coats both at a rate to obtain a minimum wet film thickness of at
least fifteen thousandths of an inch (0.015").
2. The paint shall be applied only when the pavement is dry, the atmosphere
temperature is above 50 degrees F, and relative humidity is below 85%.
3. Painting shall not be attempted when there is a forecast of rain, dust that
might settle onto the paint, wind of sufficient strength to blow paint spray
onto adjacent areas, or while heavy traffic is present.
20-1.03 RE-STRIPING -- All re-striping and re-painting of existing traffic
stripes shall coincide with the original paintings, regardless of other more restrictive
requirements of these Special Provisions unless directed by the Engineer.
20-1.04 REMOV AL OF MARKINGS -- Removal of markings shall be
accomplished by wet sandblasting. Errors made by the Contractor shall be removed at
SP-30
no additional cost to the City. Existing pavement markings that conflict with new
applications shall be removed by wet sand blasting or grinding. Upon written direction
of the Engineer, or representative, pavement markings may be removed by blacking
out with black paint.
20-1.05 PREP ARA TION -- It shall be the responsibility of the Contractor
to insure that, prior to any pavement marking, the surface is clear of all debris.
20-1.06 TRAFFIC CONTROL -- The Contractor shall make every effort
to assure the safety of vehicular and pedestrian traffic during his operations. The
current edition of the "Work Area Traffic Control Handbook", published by Building
News, Inc., is herein adopted as the minimum safety guidelines in conjunction with
the Traffic Manual issued by the State of California Department of Transportation.
Contractor shall not close any street within the City without first obtaining the
approval of the City Engineer.
20-1.07 PAVEMENT MARKERS u Pavement markers shall conform to
the prOVISIOns in Section 85, "Pavement Markers", of the Caltrans Standard
Specifications (latest edition) and these Special Provisions.
Raised pavement markers (RPMs) shall be Stimsonite-Low Profile No.
953A (yellow) and No. 953B (clear white) or approved equal.
20-1.08 REMOVAL OF STRIPING u Existing traffic stripes that conflict
with new applications shall be removed by wet sand blasting or grinding.
20-1.09 REJECTION OF WORK -- Contractor agrees that the City has
the right to make all final determinations as to whether the work has been
satisfactorily completed.
20-1.10 UNKNOWN OBSTRUCTIONS Should any unknown
obstruction be encountered during the course of this contract. the Contractor
immediately will bring it to the attention of the City. The Contractor shall be
responsible for the protection of all existing equipment or utilities encountered within
the work area.
20-1.11
THERMOPLASTIC PAINTING -- All thermoplastic, lane stripes
and legends shall be applied in accordance with the latest editions
SP-31
20-1.12
20-1.13
20-1.14
of the CAL TRANS Standard Specifications and C AL TRANS
Standard Plans.
THERMOPLASTIC REMOV ALS Existing thermoplastic
applications that are in conflict with new applications shall be
removed by grinding. Contractor shall be responsible for legal
disposal of related debris.
CONTROL OF ALIGNMENT AND LAYOUT -- Traffic stripes
shall be painted to the alignment approved by the Engineer.
Alignment marks may consist of cat tracking and spotting or an
approved alternative. All works necessary to establish satisfactory
alignment for stripes and all layout work required for pavement
markings shall be performed by the Contractor at his expense.
PAYMENT -- Full compensation for conforming to the requirements of
Section 20 shall be considered as included in the unit prices paid for the
various contract items of work involved and no additional compensation
will be allowed therefor.
SP-32
SECTION 21 THROUGH SECTION 50
BLANK
SP-33
AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this ~ day of (t~J 2005 by and
between the CITY OF SAN BERNARDINO (hereinafter "City"). and
t- \ q, I -:s: lY' (')~ ~~, (hereinafter "Contractor").
ANNUAL CITYWIDE TRAFFIC STRIPING & PAVEMENT MARKINGS
MAINTENANCE SERVICES CONTRACT,
PROJECT NO. 11329
IN THE CITY OF SAN BERNARDINO
(hereinafter "Project")
At its regular meeting held on ~, 200~, the City Council duly accepted the bid of
Contractor for said Project and directed tl1at a written contract be entered into with Contractor.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements herein contained, said parties do hereby agree as follows:
ARTICLE I
For and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the City, 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 Project in strict conformity with Special Provisions No.
11329, and also in accordance with Standard Specifications for Public Works/Construction, 2003
Edition, and all supplements on file in the Office of the City Engineer Public Works Division,
Department of Development Services, City of San Bernardino, which said Special Provisions and
Standard Specifications are hereby especially referred to and by such reference made a part hereof.
In addition, the contract documents for the Project shall consist of the Notice Inviting Sealed
Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special
Provisions, Contractor's Bid, and all referenced specifications. details, standard drawings, and
appendices, together with this Contract and all required bonds. insurance certificates, permits,
notices, and affidavits, and also including any and all addenda or supplemental agreements
clarifying, amending, or extending the work contemplated as may be required to insure its
completion in an acceptable manner.
All of the rights and obligations of City and Contractor are fully set forth and described in the
Contract Documents.
All of the above-mentioned documents are intended to complement the other documents so that
any work called for in one, and not mentioned in the others, or vice versa, is to be executed the
same as if mentioned in all of said documents. The documents comprising the complete contract
are hereinafter referred to as Contract Documents and are incorporated herein by this reference
and made part hereof as though they were fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by City,
Contractor agrees to furnish all materials and perform all work required for the Project and to
fulfill all other obligations as set forth in the Contract Documents.
ARTICLE III
CONTRACTOR hereby agrees to receive and accept the prices as set forth in the Bid Schedule
as full compensation for furnishing all materials, performing all work contemplated, and
fulfilling all obligations embraced in this agreement. Said compensation shall be based on actual
bid quantities completed pursuant to request of, and issuance of a Work Order by the City. Said
compensation shall cover all expenses, losses, damages, and consequences arising out of the
nature of the work during its progress or prior to its acceptance including those for well and
faithfully completing the work and the whole thereof in the manner and time specified in the
Contract Documents and the requirements of the City, and also including those arising from
actions of the elements, unforeseen difficulties or obstructions which may arise or be
encountered in the prosecution of the work, and for all other unknowns or risks of every
description connected with the work; also for all expenses incurred by or in consequence of
suspension or discontinuance of work. City shall herein retain ten percent (100/0) of the amount
pertaining to compensation for actual bid quantities, completed pursuant to request and issuance
of a Work Order by the City, until 35 days after completion of work described in said Work
Order issued by the City.
The Contractor also agrees that there is no warranty or guarantee given or implied as to the total
amount of work to be ordered as a result of this contract. The quantities stated in the bid are
estimates of annual usage, to be used for bid comparison purposes only. Specific quantities of
work will be ordered as needed in the minimum amounts described in the Contract Documents.
Contractor hereby agrees that the City reserves the right to increase or decrease the amount of
any quantity shown in the bid schedule and to delete any item from the contract and pay the
contractor at the bid unit prices.
ARTICLE IV
The Contractor herein covenants by and for himself or herself, his or her heirs, executors,
administrators, and assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on 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 discrimination or segregation with reference to the selection of
subcontractors, venders, or employees in the performance of this contract
ARTICLE V
City hereby promises and agrees with the said Contractor to employ, and does hereby employ,
the said Contractor to provide the materials, to do the work, and to fulfill the obligations
according to the terms and conditions herein contained and referred to, for the prices aforesaid,
and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth in
the Contract Documents; and the same parties for themselves, their heirs, executors, and assigns,
do hereby agree to full performance of the covenants herein contained..
In addition, said Contractor hereby promises and agrees to comply with all of the provisions of
Federal and/or State law, as the same shall apply to this Project pertaining to the employment of
unauthorized aliens as defined therein.
Should Contractor so employ unauthorized aliens for the performance of work and/or services
covered by this contract, and should the Federal Government impose sanctions against the City
for use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost
of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred
by the City in connection therewith.
ARTICLE VI
Contractor shall assume the defense of and indemnify and save harmless the City, its elective and
appointive boards, officers, agents and employees, from all claims, loss, damage. injury and
liability of every kind, nature and description, directly or indirectly arising from the performance
of the Contractor's work, regardless ofresponsibility of negligence; and from any and all claims,
loss, damage, injury and liability, howsoever the same may be caused, resulting directly or
indirectly from the nature of the work covered by the contract, regardless of responsibility of
negligence; provided:
(a) That City does not, and shall not, waive any rights against Contractor which it may have
by reason of the aforesaid hold-harmless agreement because of the deposit with City by
Contractor, of any of the insurance policies hereinafter described in this Agreement.
(b) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and
claims for damages of every kind suffered, or alleges to have been suffered, by reason of
any of the aforesaid operations of Contractor or any subcontractor, regardless of whether
or not such insurance policies shall have been determined to be applicable to any of such
damages or claims for damages.
ARTICLE VII
The city may terminate this contract, in whole or in part, at any time by written notice to the
Contractor when it is in the City's best interest. The Contractor shall be paid its costs and profit
on work performed up to the time of termination based upon actual bid quantities completed
pursuant to the request of, and Work Order issued by, the City. The Contractor shall promptly
submit its termination claim to the City to be paid the Contractor. If the Contractor has any
property in its possession belonging to the City, the Contractor will account for the same, and
dispose of it in the manner the City directs.
If at any time the Contractor is determined to be in material breach of the Contract, a Notice of
Potential Breach of Contract shall be prepared by the City, or one of its designated
representatives, and will be served upon the Contractor. If the Contractor continues to neglect or
refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the
satisfaction of the City within the time specified in such Notice, the City shall have the authority
to terminate the Contract for this Project.
In the event that City elects to waive its remedies for any breach by Contractor of any covenant,
term or condition of this Contract, such waiver by City shall not limit City's remedies for any
succeeding breach of that or of any other term, covenant, or condition of the Contract.
ARTICLE VIII
This contract shall not be assignable, either in whole or in part, by the Contractor without first
obtaining the written consent of the City thereto.
ARTICLE IX
The provisions of this agreement are cumulative and in addition to and not in limitation of any
rights or remedies available to City.
ARTICLE X
If either party to this agreement is required to initiate or defend, or is made a party to, any action
or proceeding in any way connected with this agreement, the party prevailing in the final
judgement in such action or proceeding, in addition to any other relief which may be granted,
shall be entitled to reasonable attorney's fees. Attorney's fees shall include reasonable costs for
investigating such action conducting discovery and all other necessary cost the court allows,
which are incurred in such litigation.
ARTICLE XI
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and the bid of said Contractor, then this instrument shall
control and nothing herein shall be considered as an acceptance of said terms of said bid
conflicting herewith.
IN WITNESS WHEREOF the parties of these present have hereunto set their hands the year and
date first above written.
CONTRACTOR
CITY OF SAI\ BERNARDINO
Name afFirm:
C--[2', I ~C .
-<~
BY: . . /. .
TITLE: p~~\[~~
ATTEST:
MAILING ADDRESS:
P.o- E,O'/.. 3360
6eP..u MD ~q '2-1-1..3
~h_~
CHEL CLARK. City Clerk
PHONE NO.: @ ~L.{S-3CA '1
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN. City Attorney
Br 7-r~
EXECUTED IN FIVE ORIGINAL COUNTERPARTS
~(Q)~~
~@
Am~4~~~~B~UL~~~H~~~~~}A~~L~~A~O~!s~3IS~_~pany ~
Bond No. 804978
Premium: $ 12,385.00
Public Works - Performance
KNOW ALL MEN BY THESE PRESENTS, That we, C-18, Inc.
, as Principal, and
AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing under
the laws of the State of California, and authorized to transact a general surety business in the State of California
as Surety, are held and firmly bound unto
City of San Bernardino , as Obligee, in the sum of
Four Hundred Ninety Three Thousand One Hundred Twenty Four Dollars ($ 493,124.00 ), lawful money of
the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that
WHEREAS, the above-bounden Principal has entered into a contract dated
with said Obligee to do and perform the following work, to wit:
Annual Citywide Traffic Striping & Pavement Marking Maintenance Services
NOW, THEREFORE, if the above-bounden Principal shall well and truly perform or cause to be performed,
"the works under the contract," then this bond shall be null and void; otherwise it shall remain in full force and
effect.
Signed, sealed and dated this
31st
day of
January
2005
C-18, Inc.
American Contractors Indemnity Company
Principal
"
Michael Hathaway, President
By
Heese A209B06/04
~@
American Contractors Indemnity Company
9841 Airport Blvd., 9th Floor Los Angeles, California 90045
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
Cyndi Beilman, Janelle L. Miller, Jeff Aase
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
amount not to exceed $ 3,000,000.00 . This Power of Attorney shall expire without further action on
April 20, 2008
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by
the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of
December, 1990.
"RESOLVED that the Chief Executive Officer. President or any Vice President, Executive Vice President. Secretary or Assistant Secretary. shall have the
power and authority
1. To appoint Allorney(s)-in-Fact and to authorize them to execute on behalf of the Company. and allach the seal of the Company thereto.
bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove. at any time. any such Allorney-in-Fact and revoke the authority given.
RESOL VED FURTHER. that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney ar certificate
relating thereto by facsimile. and any such Power of Allorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by facsimile signatures andfacsimile seal shall be aUd and binding upon the Company
in the future with respect to any bond or undertaking to which it is attached. "
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
9
S
its Senior Vice President
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be ffixed hereto and executed by its
authorized officer on the 13th day of October , 200~.
On this 13th day of October 200~, before me, Ja . ayfield , a notary public, personally appeared
Leon B. Back, Jf. , Senior Vice President of American Contractors
Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the
foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS ~y hand and official seal. ~ i) JAC KI LAYFIELD ~
-Ill Comm. .1484956 'A
fF== NOTARY PUBlIC.CALfORNIA VI
) LotMgelKif.n -
Signature 0 otary . . 1 My CoM. ElpiIM ~ ,2001 l'
I, Jeannie 1. Kim, Corporate Secretary of AmerIcan Contractors Indemmty Company, do hereby certify that the Power of Attorney and the
resolutions adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither
the said Power of Attorney nor the resolutions have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 31st day of January , 200~.
Bond No.
804978
~48/
Jeannie J. im, Corporate Secretary
Agency No. 4000
Rev,POAU711114
State of California
County of San Diego
On January 31, 2005 before me, Rachel G. Holbrook, Notary Public personally
appeared Janelle L. Miller, 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 executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
l2u jJ H-AIL
(Signature of Notary)
(Seal)
I.,:.,~: . RACHELG~OLBROOK I
.... . COMM. #1499414 C')
g _.: NOTARY PUBLIC-CALIFORNIA III
(J , , SAN DIEGO COUNTY C')
J... . My Commission Expires i
AUGUST 4, 2008
._,.~.:.-.;~j'!!T-:-''?'"",__ .
. EXECUTED IN FIVE ORIGINAL COUNTERPARTS
~@
American Contractors Indemnity Company
9841 AIRPORT BOULEY ARD, 9TH FLOOR, LOS ANGELES, CA 90045 (310) 649-0990
Bond No.
804978
Premium $
Public Works - Labor & Material Bond
KNOW ALL MEN BY THESE PRESENTS, That we, C-18, Inc.
, as Principal,
and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing
under the laws of the State of California, and authorized to transact a general surety business in the State of
California , as Surety, are held and firmly bound unto
City orSan Bernardino , as Obligee, in the sum of
Four Hundred Ninety Three Thousand One Hundred Twenty Four Dollars ($ 493,124.00 ),
lawful money of the United States of America, for the payment whereof, well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that
WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated
with the Obligee to do and perform the following, to wit:
Annual Citywide Traffic Striping & Pavement Marking Maintenance Services
NOW, THEREFORE, if the above-bounden Principal or his subcontractors fail to pay any of the persons
named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the same,
in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond,
a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims
under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their
assigns in any suit brought upon this bond.
Signed, sealed and dated this
31st
day of
January
2005
C-!8, Inc.
American Contractors Indemnity Company
Principal
Michael Hathaway, President
:L~
Attorney-in-fact
By
Heese A190B06/04
~@
American Contractors Indemnity Company
9841 Airport Blvd., 9th Floor Los Angeles, California 90045
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
Cyndi Beilman, Janelle L. Miller, Jeff Aase
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
amount not to exceed $ 3,000,000.00 . This Power of Attorney shall expire without further action on
April 20, 2008
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by
the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6'h day of
December, 1990.
"RESOLVED that the ChiefExeculive Officer. President or any Vice President, Executive Vice President, Secretary or Assistant Secretary. shall have the
power and authority
/. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company. and attach the seal of the Company thereto,
bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove. at any time. any such A//orney-in-Fact and revoke the authority given.
RESOL VED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be alid and binding upon the Company
in the future with respect to any bond or undertaking to which it is attached. "
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
9
9
its Senior Vice President
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be ffixed hereto and executed by its
authorized officer on the 13th day of October , 200~.
On this 13th day of October 200 4, before me, Ja . ayfield , a notary public, personally appeared
Leon B. Back, Jr. , senior Vice President of American Contractors
Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the
foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS n:!y hand and official seal. ~ @JAC.KILAYFIELD ~
-Ul Convn. , 1484956 IA
fF== NOTARY PIIBlIC.CAlIFORIIIA VI
S' t ~ lIy~.==,2008:;:
19nature 0 0 ary 1 (
I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the
resolutions adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither
the said Power of Attorney nor the resolutions have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 31st day of January ,200.2...
Bond No.
804978
~~Q/
Jeanme 1. 1m, Corporate Secretary
Agency No. 4000
Rev. POA07/104
State of California
County of San Diego
On January 31, 2005
before me, Rachel G. Holbrook, Notary Public personally
appeared Janelle L. Miller. 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 executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
I2bj ,~. !-I4C
I (Signature of Notary)
(Seal)
I @.....~: RACHELG. HOLBROOK f
... . COMM. #1499414 n
~ .. NOTARY PUBLIC-CALIFORNIA III
o . SAN DIEGO COUNTY ~
h ". My Commission Expires I
' AUGUST 4, 2008
___ !llIIr.J.'::"'......~or::-.-,.,_,'-.c~"""_ ~