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10-Development Services
From: Dept: Date: CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Valerie C. Ross, Director Development Services March 8, 2007 File Nos. 4.7712 Subject: Resolution awarding a contract to Kirtley Construction, Inc. d.b.a. T K Construction for Storm Drain Improvement at Irvington Avenue and Devil Canyon Basin (SD07-01), per Plan No. 11591 and authorization for the Director of Finance to amend the FY 2006/07 Budget. MCC Date: 03-19-2007 Synopsis of Previous Council Action: August 2006 The Mayor and Common Council approved FY 2006-07 CIP Budget. Recommended Motion: Authorize the Director of Finance to amend the FY06-07 budget to appropriate the total amount of $70,200 (including $45,405 already allocated by FEMA & OES) in Account No. 004-368-5504- 7712 "Irvington Avenue Side Drain Replacement (SD07-O1)" and to budget additional revenue reimbursement from FEMA in the amount of $18,600 and OES in the amount of $6,200; and 2. Adopt Resolution. 3305 Contact Person: Mark Lancaster, Deputy Director/City Engineer Phone: Supporting data attached: Staff Report, Resolution & Maw Ward: FUNDING REQUIREMENTS: Amount: 70 200 Source: (Acct. Nos.) 004-368-5504-7712 & 248-368-5504- 7712 Council Notes: Acct. Description: Irvington Avenue Side Drain Replacement Finance: Valerie C. Ross Agenda Item No.~~ • CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution awarding a contract to Kirtley Construction, Inc. d.b.a. T K Construction for Storm Drain Improvement at Irvington Avenue and Devil Canyon Basin (SD07-Ol), per Plan No. 11591 and authorization for the Director of Finance to amend the FY 2006/07 Budget. Background: On August 7, 2006, the Mayor and Common Council allocated funds, as part of the FY 2006/07 Capital Improvement Program (CIP), for Irvington Avenue Side Drain Replacement (SD07-Ol). This project was made necessary by the flood of January 10, 2005, during which a 24-inch diameter culvert, which drains a cul-de-sac at the easterly end of Irvington Avenue, and an outlet headwall washed out due to heavy flows in Devil Creek. The repair of this side drain and outlet structure was determined to be eligible for FEMA disaster funds (Disaster Declaration No. 1577). Start of construction of the side drain repair was initially delayed by the San Bernazdino County Flood Control District, which was conducting massive emergency grading to repair the levee of Devil Canyon Channel which had been washed out by the January 10, 2005 storm. After the grading work • was completed, the Flood Control District required that the City apply for an encroachment permit from them and obtain sepazate permits from Corps of Engineers, the State Department of Fish and Game, and the Regional Water Quality Control Boazd. The City complied with the District's requirements and obtained all the required permits in January of 2007. Unfortunately, the approval for the Nationwide Permitting program under which the Corps' permit was issued will expire on Mazch 19, 2007. If the project is under contract by Mazch 19, 2007, then the Corps' permit will be automatically extended for an additional 12 months. Otherwise, it will be necessary to re-apply for a new permit and be subject to the requirements in effect at time of re- application. This work consists of the following: 1. Installation of approximately 210 linear feet of 24" reinforced concrete pipe, including excavation through and reconstruction of the Devil Canyon Basin levee. 2. Construction of a headwall and splash,pad where the drain outlets into Devil Canyon Basin. 3. Restoration of the work azea to simulate conditions that existed prior to start of construction. The plans and specifications for this project were completed and the project was opened to public bidding on February 20, 2007. The project was advertised locally in the San Bernazdino County Sun Newspaper, F.W. Dodge, Construction Bid Boazd, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction • Bid Source, Bid Ocean, the City's web sites, and with the San Bemazdino Area Chamber of Commerce. z 03/OSl2007 10:14 AM • CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT -Continued Sealed bids were received and opened on Mazch 6, 2007, and aze listed below: Name of Bidder Ci Amount of Basic Bid T K Construction San Bernardino $48 448.75 GWINCO Construction & En ineerin ,Inc. Alta Loma $53,705.00 GCI Construction, Inc. Costa Mesa $57,995.00 Hum hre Constructors, Inc. Diamond Bar $58,825.00 MCC E ui ment Rental, Inc. Yucia a $59,670.00 Bonadiman-McCain, Inc. San Bernardino $60,820.00 Grand Pacific Contractors, Inc. Mira Loma $62,975.00 Zondiros Co oration San Marcos $81,250.00 Vasil Com an ,Inc. Shadow Hills $91,460.00 NOETICORP La na Ni uel $96,375.00 David T. Wasden,Inc. Riverside $103,425.00 Ea ineer's Estimate $61,500.00 Based on review of the sealed competitive bids received, staff has determined that TK Construction of San Bernazdino, the appazent low bidder, has met the minimum requirements of the specifications and - bid guidelines; and, therefore, recommends that the Mayor and Common Council awazd the referenced contract to TK Construction. The estimated project costs aze as follows Construction Cost Basic Bid $48,448.75 Desi $6,300.00 Potholin of 16" Water Line $1,600.00 Contract Mana ement and Ins ection A rox. 13.6% $6,583.25 Contin encies A rox. 15% $7,268.00 Estimated Total Pro'ect Cost $70,200.00 FEMA and State Office of Emergency Services (OES) funding approval will expire on August 4, 2007. If approved, this project is expected to begin construction in late Mazch of 2007 and be completed by May of 2007. Financial Impact: FEMA and OES have already approved $45,005 of which $44,270 has already been paid to the City for replacement of Irvington Avenue Side Drain. The difference of $735 was retained by OES and will be paid (in addition to other claims that the City will be submitting) upon project completion. Seventy- five percent of the total cost of this project is reimbursable from FEMA and the remaining 25% is reimbursable from OES. There is no local shaze. • The total cost of the project exceeds the payment already approved by FEMA & OES by $24,800.00. Staff is recommending that the budget be amended to reflect increased revenues from FEMA by $18,600 and increased revenues from OES in the amount of $6,200, for a total increase of $24,800. 03/08/2007 10:14 AM • CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT -Continued Staff is in the process of preparing a request for reimbursement of the additional cost in the amount of $24,800 from FEMA and OES. Recommendation: 1. Authorize the Director of Finance to amend the FY06-07 budget to appropriate the total amount of $70,200 (including $45,405 already allocated by FEMA & OES) in Account No. 004-368-5504- 7712 "Irvington Avenue Side Drain Replacement (SD07-O1)" and to budget additional revenue reimbursement from FEMA in the amount of $18,600 and OES in the amount of $6,200; and 2. Adopt Resolution. Attachments: "1" Vicinity Map • 03/082007 10:14 AM N' S ~ f ~ ~~ g,, ~~ i. i:' ~~~ .` ~~\ ` r p. ,J ~_ ~v-:++~ 7, r~ ~~~h~a~ ., MY \`~T ~Jm\.. __~_, ~~0~~-.~ ~~~ 02000 Vali~N lne z a' ~. _~ ~ O ~O ~~ ~~~ w ®zooe N7AVTEQ VICINITY MAP IRVINGTON AVENUE SIDE DRAIN REPLACEMENT (SS07-Ol) ~J 1 RESOLUTION NO. • 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO KIRTLEY CONSTRUCTION, 1NC. 4 D.B.A. T K CONSTRUCTION FOR STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CAN~'ON BASIN (SD07-O1) PER PLAN NO. 5 11591. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. Kirtley Construction, Inc. d.b.a. T K Construction, P.O Box 9608, San 9 10 Bernazdino, CA 92427 is the lowest responsible bidder for Storm Drain Improvement at 11 Irvington Avenue and Devil Canyon Basin (SD07-O1), per Plan No. 11591. A contract is 12 awazded accordingly to said bidder in a total amount of $48,448.75, with a contingency amount 13 of $7,268.00, but such award shall be effective only upon being fully executed by both parties. • 14 All other bids, therefore, are hereby rejected. The Mayor is hereby authorized and directed to 15 execute said contract on behalf of the City; a copy of the contract is on file in the office of the 16 City Clerk and incorporated herein by reference as fully as though set forth at length. 17 18 SECTION 2. This contract and any amendment or modifications thereto shall not take 19 effect or become operative until fully signed and executed by the parties and no pazty shall be 20 obligated hereunder until the time of such full execution. No oral agreements, amendments, 21 modifications or waivers are intended or authorized and shall not be implied from any act or ~ course of conduct of any party. 23 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 24 ~ within sixty (60) days of passage of the resolution. 26 //// I • 27 ~ ~ v Id '~~~ 9~ 2 • 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 25 26 27 28 RESOLUTION ... AWARDING A CONTRACT TO KIRTLEY CONSTRUCTION, INC. D.B.A. T K CONSTRUCTION FOR STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CANYON BASIN (SD07-Ol) PER PLAN NO. 11591. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA _ BAXTER BRINKER DERRY KELLEY JOHNSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of , 2007. Patrick J. Morris, Mayor City of San Bemardino Approved as to form: James F. Penman City ttomey By: fii /// 2 COUNCIL MEETING - 03/19/07 RESOLUTION 2007-81 ITEM 1110 CITY OF SAN BERNARDINO STATE OF CALIFORNIA ~/P1<6~i~/.~L FILE NO. 4.7712 ACCT. NO. 248-368-5504-7712 BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 11591 FOR STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CANYON BASIN (SD 07-O1) //~ ~~ ~ ~~ iC. L~ 4~~p s- E~ ~Z31-~7 ~ a~ ,`~ ST-9TH, ^~IYI~, ~Fd~~\~ DIVISION OF PUBLIC WORKS DEPARTMENT OF DEVELOPMENT SERVICES CITY OF SAN BERNARDINO NOVEMBER, 2005 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON MARCH 6 , 2007 cruist/T ~~ ~~ FILE NO. 4.7712 ACCT. NO. 24&36&5504-7712 DIVISION OF PUBLIC WORKS DEPARTMENT OF DEVELOPMENT SERVICES CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. ONE FOR BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 11591 FOR STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CANYON BASIN (SD 07-O1) The Special Provisions for this project have been amended as follows: 1. The date of the Non-mandatory Pre-Bid Meeting in the NOTICE INVITING SEALED BIDS of Tuesday, March 27, 2007, at 2:00 p.m. is corrected to: TUESDAY, FEBRUARY 27, 2007, at 2:00 PM ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. ONE AT THE BOTTOM OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF THESE SPECIAL PROVISIONS. BY: I!~ UAL(.(, ~J-/,GI~;IN"''t DATE: ,~ "''~ ~ ~'' MARK LANCASTER, R.C.E. Deputy Director /City Engineer ADDENDUM NO. ONE PLANS AND SPECIAL PROVISIONS NO. 11591 FEBRUARY 21, 2007 D1~'IION OF 'III C~011~'ONEI~IIS OF 1~>~ PIAI~ AND SPEQAL PROVISI01~15 The "Bid and Contract Documents" for this project consists of three (3) Parts as follows: PART I -Administration PART II -Special Provisions The above two (2) parts are bound together in one (I) manual titled "Bid and Contract Documents" PART III -PLANS, One (1) separately bound set STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CANYON BASIN Convents for Bid and Contract Documems.doc CITY OF SAN BERNARDINO TABLE OF CONTENTS PART I ADMINISTRATION NOTICE INVITING BIDS BID DOCUMENTS BID FORM BID SCHEDULE BIDDER'S INFORMATION AND SIGNATURE & BIDDER'S ACKNOWLEDGEMENT OF ADDENDUMS DESIGNATION OF SUBCONTRACTORS WORKERS' COMPENSATION INSURANCE CERTIFICATION NON-COLLUSION AFFIDAVIT FORM OF BID BOND MBE/WBE INFORMATION -GOOD FAITH EFFORTS REFERENCES PART II SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 -SPECIFICATIONS AND PLANS SP-1 SECTION 2 -BID REQUIREMENTS AND CONDITIONS SP-5 SECTION 3 -AWARD AND EXECUTION OF CONTRACT SP-8 SECTION 4 -CONSTRUCTION SCHEDULE & COMMENCEMENT OF WORK TIME OF COMPLETION & LIQUIDATED DAMAGES SP-11 SECTION 5 -LEGAL REQUIREMENTS SP-13 SECTION 6 -GENERAL SP-19 SECTION 7 -UTILITIES SP-30 SECTION 8 -DESCRIPTION OF WORK SP-35 SECTION 9 -TRAFFIC CONTROL SP-36 SECTION ]0 -MOBILIZATION SP-39 SECTION 11 -CLEARING AND GRUBBING SP-40 SECTION 12 THROUGH SECTION 25 BLANK SP-41 SECTION 26 -REINFORCED CONCRETE PIPE SP-42 SECTION 27 -CONCRETE STRUCTURES SP-44 SECTION 28 -BLANK SP-46 SECTION 29 -SHORING OF EXCAVATION SP-47 SECTION 30 THROUGH SECTION 49 BLANK SP-49 SECTION 50 -REMOVAL & RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT SP-50 CITY APPLICATION INFORMATION FOR PROJECT CERTIFICATION OF COMPLIANCE FROM: U.S. ARMY CORPS OF ENGINEERS CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CALIFORNIA DEPARTMENT OF FISH AND GAME CITY PERMIT INFORMATION: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT STANDARD DRAWINGS PROJECT LOCATION SURVEY DOCUMENTS CONTRACT AGREEMENT PART I ADMINISTRATION Engineer's Estimate: 61 500.00 NOTICE INVITING SEALED BIDS NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CANYON BASIN (SD 07-O1) in accordance with Special Provision No. 11591 in 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 bidder's name and address, the specification title and number and "SEALED BID "clearly marked on the outside of the envelope Said bids will be received up to the hour of 2:00 p.m. , on, Tuesday , March 6 , 2007, at which time all of said bids will be publicly opened, and examined and declared in the City Engineer's Conference Room, Third Floor, City Hall. No bid will be received unless it is made on a bid form furnished by the City with the unit prices written in words and also shown in figures for each item, and with the total of each item and total of all items filled in. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore, the City and the bidder agree that the above sum of ten percent shall be paid to the City upon the condition above set forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. 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 worker needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform 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 determined by the Director of the California Department of Industrial Relations. These wages are available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/dirdatabases.html. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 10263 and Section 22300 of the California Public Contract Code. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than specified rates to all laborers, workers, 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 "A" License or Aanroariate Saecialty 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. A Non-mandatory Pre-Bid Meeting will be held on Tuesday , March 27, 2007 , at 2:00 p•m•, in the office of the City Engineer, Public Works Division of Development Services, Third Floor, City Hall, 300 North "D" Street, San Bernardino, CA 92418. This meeting is to provide information, to answer questions, to inform bidders of MBEs/WBEs subcontracting and material supply opportunities, and to make the prime Contractor aware of the City's outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting is recommended, but the prime may certify that they are familiar with the program and attendance is not required. Attendance and/or certification may be used as part of the good faith effort. Certified minority (MBE / WBE) subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 can be obtained by accessing the United Certification Program DBE directory on the California Department of Transportation DBE website at http://www. dot. cagov/hq/bep~ndex. 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 45 working days from the date of bid opening. The City reserves the right to take all bids under advisement for a period of 90 days. Plans and Specifications may be obtained from the City Engineer's Office, Third floor, City Hall, 300 N. "D" Street, San Bernardino, California 92418, upon anon-refundable payment of $15.00 for each set if picked up in person. Upon request, the Plans and Special Provisions may be mailed for an additional charge of $5.75 per set. If there are any questions regarding this project, please contact the City Engineer's Office, in writing, as follows: .,,~, ;_ City Engineer's Office Third Floor, San Bernardino City Hall 300 North "D" Street San Bernardino, CA 92418 Subject: STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CANYON BASIN ( SD 07-01) - SP #11591 Attention: Robert Sepulveda, Associate Engineer, Project Manager Tel: (909) 384-5167; Fax: (909) 384-5155 E-mail: sepulveda_ro@sbcity.org Responses will be provided to written questions only. No written response will be provided to verbal questions. CI OF SAN BERNARDINO ~0~--- RAC L G. CLARK City Clerk NOTICE TO ADVERTISE: SPECIFICATION NO. 11591 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE 02 / 23 / 07 and 03 / Ol / 07 (FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION ) SIGNATURE DATE BID DOCUMENTS BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor, materials, transportation and service for the STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CANYON BASIN ( SD 07-O1) In strict conformity with Plans and Special Provisions No. 11591 , of the Public Works Division, Department of Development Services for the City of San Bernardino and also in accordance with Standard Specifications for Public Works Construction, 2006 Edition. Undersigned proposes and agrees if this bid is accepted, that he will contract with the City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: BID SCHEDULE PLAN NO. 11591 STORM DRAIN Il19PROVIINIIVT AT IliVINGTON AVINUE AND DEVII., CANYON BASIN ( SD 07-01) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL N0. QUANTITY UNIT AND UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 1. I LS MOBILIZATION, at the Lump Sum price of One Thousand Dollars & no Crnts LS 1,000.00 $ 2. 1 LS CLEARING AND GRUBBING, at the Lump Sup price of 0 h 11e I 0U5d Dollars & no Cents LS $ 1,000.00 3. 170 CY UNCLASSIFIED EXCAVATION for (F) ST~RM y12AIN TRENCH, at t Dollars & Cents per CU. YD. $ 60.00 / CY $ 10 , 200.00 4. 175 CY UNCLASSIFIED FILL for STORM DRAIN (F) TRENCH, at ~ ' S1XtV-S1X Doll>rrs & Eighty-Fives Cents per CU. YD. $~~/CY $ 11,698.75 5. 1 EA ROCK and CONCRETE SPLASH PAD per S.B.C.F.C.D. Standard No. 183-A,a[ _ Seven Thousand Dollars & no Cents per EACH $7,000.O~A $ 7,606.00 6. 215 LF INSTALL 24" RCP (D = 2000 ), com lete in place, at Sevent y Dollars & n0 Cents per LIN. FT. $~-/ LF $ 15.050.00 7. I EA CONCRETE ~OLLAR per City Standard No.412,at WO Thousand, Five un re Douars & t10 Cents per EACH $2,500.Q(~A $ 2,5[)6.06 TOTAL BID $ 48,448.75 (F) =Final Quantity BID SCHEDULE PLAN NO. 11591 STORM DRAIN IMPROVEMENV'C AT II2VINGTON AVINUE AND DEVII., CANYON BASIN ( SD 07-01) NOTE: The unit price must be written in words and also shown in figures. All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices shall govern over extended amounts, and "WORDS" shall govern over "UNTT" figures. Total bid price for the enfu•e contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to compete the project, as based on the City Engineer's estimate of quantities of work. ; The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire,BID DOCUMENTS section as their bid to the City. Failure to do so will result in bid being nou-responsive. BIDDER declares that this Bid is based upon careful examination of the work site, Bid and Contract Documents. BIDDER'S INFORMATION AND SIGNATURE: It is the understanding of the undersigned that the work hereinabove described shall be commenced within. lU working days `from She date of he "Notice to Proceed", and shall be completed within 20 working days from the date of said notice, as directed in SECTION 4 of these Special Provisions.. The undersigned further agrees that in case of default in executing the contract, or famishing - necessary bonds, all within the specified time, the proceeds of the Bidder's Guarattty accompanying this bid shall. be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, LICENSE EXPIltATION NO.: 811801 CLASSIFICATION: A DATE: 9 30 08 FIRM NAME:Kirtley Construction Inc. dba TK Construction BUSINESS ADDRESS: P.O. Box 9608 San Bernardino, CA 92427 BUSINESS PHONE: 909-473-8739 FAX: 909-473-3067 CELL : 9n9-499-1527 If an individual, so state. If a firm or co-partners~iip, list the names of all individuals or co- partners composing the firm. If a corporation, list the names of the president, secretary, treasurer and manager thereof: Corporation Is Bidder curren'tTy acertified DBE7 Yes ^ No ~ Legal Status of Firm NAMES ADDRESS (ES) ~j^-0~~ Kirtlay, Pracirlant 1661 Martin Ranch Rri_y San Rarnarrlinn.r.f.A 92407 Patricia KirtlPy S r_e_retarv/Treasurer 1661 Martin Ranch Rd. San Bernardino, CA 92407 SIGNATURE OF BI ER: ~~~ /` Dated: March 6 .20,0 •_~ BIDDER'S ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUMNO.1 X DATE: 2/21/07 ADDENDUM N0.2 DATE: ADDENDUM N0.3 DATE: ADDENDUM NO.4 DATE: TK Construction BIDDER'S FIItM NAME DESIGNATION OF SUB-CONTRACTORS - SP 11591 In compliance with the provisions of Section 4100-4110 of California Public Contract Code of the State of California, and any amendments thereof, each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name & Address Agency & No. of Under Which MBE/WBE CERT. Sub-Contractor's Sub-Contract Work to Be Licensed (If Applicable) Phone-No. Amount Performed 1. RCP . ox 909-792-1250 t a1F'-Ito~R-9237~- $ x715.00 Mat.arial Suoolier 2. 3. 4. 5. 6. IF ADDITIONAL SPACE IS REQUIRED, PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK WORKERS' COMPENSATION INSURANCE CERTIFICATION I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor: NAME OF FIRM: TK Constructfon BY: Trnv Kirtla TITLE: President DATE: 3/6/07 (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) NON-COLLUSION AFFIDAVIT To the Division of Public Works, Department of Development Services, City of San Bernazdino, State of California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he or she is of the party making the foregoing bid, 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 ageed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; communication, or conference with anyone to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the proposed contract; or take any action in restraint of free competitive bidding in connection with such contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. TK Construction 1661 Martin Ranch Rd. P.O. Box 9608 Business Address Bernardino, CA 92427 Place of Residence Subscribed and sworn Signed /N ~ ~PrNBeKNAK~/NU ,State of California. MARIAdHERESA H, pORNEY My Commission expires on F~~ 3 , ~ b g Commisslon # ta67973 -.~. Notary PubBc • CallrorNa Year San Bemartllrro Cowry My Comm. Expires Feb 3, 2008 me this ((~~ day of f~t~C1~" , 20 Printed Name and Title 03/05/2007 15:12 FAX 9094733067 Tx CONSTRUCTION f~006/011 dba FORM OF BID BOND Bond $ 294978-12 KNOW ALLMENBYTHESEPItESENTS, that we, the undersigned, Kirtley Construction, T K Construction asPfincipal,and American Contractors Indemnity Company es Surety, areherobyand firmly bound unto the C~tar of ~ State of C6lifomia, hereinafter refe[red to as "Obligee" ie the penal sum of ten percent: 0•/. o the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum wa hereby joimly and severally bind ourselves, our heirs, executors, administrators, sucgessors and assigns. Inc. ` * not to exceed eight thousand eight huhdred 00/10 THE CONDITION OP TIUS OBLIGATION IS SUCH, THAT: (8, 800.00 ) WHEREAS, the Principal has submitted to Obligce, a certain Bid, attached hereto and hereby made a part hereof W enter into a contract in writing; for he Storm Drain Improvements at Irvington Avenue; and Devil Canyon -$aClTl t$I) n~-nit (Copy here the exact title description ojworl; including locafion as it appems on the proparaf) for which bids aretobeopenedan March 6, 2007 @ 2:OOpm (Insert date of opening) NOW, THEREFORE, a. If said Bid shall tie rejected, ar in the aitemete, ' b. If said Bid shall be accepted and the Principal shall ekecute a tprrtract in the Form of contract attached hereto (properly completed in accordance with said Bid ) and shall furnish a bond for his faithful perfornteace of said contract, and shall in all-0ther respects perform the agreement eroated<by~the accoptancaof-.said Bid, .... then this obligation shall be void; otherwise, the same shall remain in force aad effect it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the panel. amount of this obligation as herein stated. The Surety, for value received, hereby stipulates end agrees that the obligations of said Surety and its bond shall be in no way impa'ued 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 erension. Signed, this 5th day of March , 20 07 . IN WTIT(ESS WHEREOF, the Principal and tbe Surety have hereunto set their bands_and seals, and such of them as ere corporations have caused'their corporate seals w be hereto ed end these presents to be signed by their proper offwera, the day and yearfu3tmentioned. ~~ American: Contractors Kirtley Construction, Inc. ` (SEAL) Ihdemnity Company (SEAL) Principal $rrrery By. By, may// ignanve Signahrre Troy/Kirtley President Printed Name and Title Karen McNeal - Attorney-in-Fact Prirued Nome and Tide NOTE: NotariTation of Principal sad Surety ;matures aad Power of Anot~y of the Surety dull acconrpagy tbia form. American Contractors Indemnity Company `~~~~~~ 9841 Airport Blvd., 9" 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, Karen Lee McNeal of Redlands, California its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recogni7ances 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 S """""'"500,000.00'**"*"*+ . This Power of Attorney shall expire without further action on March 18, 2007. This Power of Attomey is granted end is signed end sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6'" day of December, 1990. "RESOLVED tha! the ChiejExeeutive Officer, Preaiden! oh mry Vice President, Execvtrve Vice President, Secretary or Assistant Secretary, steal! have the power and authority . 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behaljojthe Company, and attach the seal of the Company thereto, bands and undertakings, con(racts_ejindemnity and other writings obligatory in the nature thereojand, ~~' ~ = To remeve, a! sexy [beee, any sack Attorney-in-Fact and revoke the authority given. N RESOLVED FURTHER that the si [ores o such o rcers and the sea! o the Com n m be a axed to n ltruch Pbw relatin thereto b acsimile, and an such Power o Attorrye or tern ecate bearin such acsimile si ' tie sr:p/shall be v~Jfiard~uukag >4~ g Pa yj ay -1+w j j ~ ~ y j j g g Pa j j grieramer orJraasimtd and r ajA:r ar r~rujxate n the Com n oral a suck er so executed and cerli ed b acsimele si natures and acsimile std'! shb!! be v6 binding upon the Company in t jumre witk respeet Po say born! or undertaking Yo which it is attached. " IN WITNESS WHEREOF, Americatt~ostraetors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executiv~~~cercmxl~~5'" day ofDocember, 2003: __ - 3~o~~~hCTO,U~o AMERICAN C NTRACTORS INDEMNITY COMPANY 3 SEPCIImV01AA1ED B sTATE~F~ALIFORNIA . s § y~ Robert F. omas, Chief Executive Officer COUNTi' OF LOS ANGELES § On this 15th day of December 2003, before me, Deborah Reese, a notary public, personally appeared. Robert F. Thomas,Chief Executive Officer of American Contractors Indemnity Company, personally known to me (or proved to me on the basis of satisfactory evidence} to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in -~ his/herltheir audtorized 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 [he instrument. WITNES,S/my hand and official seal. ([~~in•~ /l C Gc~~ Signature of Notary My Commission expires March I8. 2007 DElORAH REEdE Catanbrbn / 1406149 r4aay I4EIe cdfaoan to wtpsw cbttMy My carrrn. Bapa~w txlor 16. soo7 I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution 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 Attomey nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,1 have hereunto set my hand this 5th day of Mar h 200. Bond No. 294978-12 Jeann J. Kim, Co orate ecretary Agency No. #13025 Rev. POAO)RLb6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~.~.r-r<-r<-cr-`,~ rM .~-r ~ .M~-r~-c.~-r ter.-r<-r ,~ ~M Mr~.r-r~~~~r r~-r~: State of California y ss. County of S~r~VI ~P1~VIC,IV IK.Q ~YJ On MQrr J oZ.~L~, before me, l_LZ ~`c`) ~ J N DaIA Name antl Ttle of Oilicer personally appeared Ka 1~Q A/I ~- -~ 'e ~1 C Name(st of Signeris) personally known to me 7 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed CAROL J. rvIERCIER to the within instrument and acknowledged to me that COn"n~OnNt503~3 .~ r Notary PubMC • CaAfomla he/she/they executed the same in his/her/their SaneemordlrroCounty - authodzed capacity(ies), and that by his/herftheir pAy Comm. Expires Ju124, 2008 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. Place Notary Seal Above l Ai{/U~ J~ ~ ~' / \ X/L'l,~'L~1 _ Sign re of No[ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o/ this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Li Individual .-.; Corporate Officer -Title(s): Partner -',_i Limited 1 General [J Attorne in Fact ~ y Top of thumb here Trustee ^ Guardian or Conservator :. "I Other: Signer Is Representing: Number of Pages: Signer's Name: e Individual ;: I Corporate Officer -Title(s): L' Partner-u Limited ~'. General _, Attorney in Fact Trustee i_. Guardian or Conservator J Other: Signer Is Representing: ~ '. Top of thumb here ~~c;4'".~t:~t.~.~i'ai'acaizc~:~ac~~~'~~~"~:c~,~~t~c`<~c~i ~~"~c~~s~~-~F,z.Z~c~[~~~,zs: ® 200a National Notary Association • 9350 De Soto Ave.. P0. Box 2402 • Chalswotlq CA 91313-2402 pem No. 5901 Reorder: Call Toll-Free 1-800-B1fi-6821 PART II SPECIAL PROVISIONS SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 1-1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, 2006 Edition, and City of San Bernardino Standard Drawings, insofar as the same apply and in accordance with the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following teens are used, they shall be understood to mean and refer to the following: Aeency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bemardino. City Engineer - 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 Bemardino 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 Bemardino's Development Services Department. SP-1 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 "D" Street, 3`d Floor San Bernardino, CA 92418 Office or Office of Structures Design -Office of the City of San Bernardino Public Works Division Resident Engineer - The Resident Engineer is the City of San Bernardino's City Engineer City Engineer, registered as a Civil Engineer in the State of California, or the designated representative of the City of San Bernardino's City Engineer, registered as a Civil Engineer in the State of California. State Highway Engineer - The City of San Bernardino's City Engineer, registered as a Civil Engineer in the State of California. Transaortation Building -Sacramento -The City of San Bernardino Public Works Division Office, City Hall, 3rd Floor. Notice Advertising for Bids -Notice Inviting Bids. Standard Specifications - Standard Specifications for Public Works Construction "Green Book". Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. SP-2 The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications (MAY, 2006) of the State of California, Department of Transportation. References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained in the "Standard Drawings", section of these Specifications. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. Plans and specifications must conform to the requirements of the City of San Bernardino, American Concrete Institute (ACI), Uniform Building Code (UBC), Uniform Plumbing Code (UPC), Caltrans Standard Specifications, these Special Provisions and the Standard Specifications for Public Works Construction (Green Book), latest edition. 1-1.04 TAXES -- No mention shall be made in the proposal of Sales Tax, Use Tax, or any tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 1-1.05 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. SP-3 Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be faxed and mailed or delivered t '' each person of record as receiving a set of such documents. The City will not be responsible for any other form of explanation or interpretation of the proposed documents. 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 five (5) sets of Plans and Specifications at no cost after the Award of Contract. The Contractor shall obtain all additional sets at its own cost. SP-4 SECTION 2 2-] BID BONDS AND MBE/WBE REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- Bids must submitted on the bid form contained herein. All bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder, to whom the contact is awarded, refuses to execute said contract, and/or fails to file the necessary bonds and insurance certificate within ten (10) working days after the date of the City's Notice of Award, the Bidder shall forfeit the bid bond to the City. By not executing the contract, the use by the public of the improvements will be delayed and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix the amount of said damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the City as forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provisions. Notarization of the signatures of the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. Any bid not accompanied by such bid bond will be rejected as invalid. 2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE) was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino, on I1-20-95. This outreach program superseded Resolution No. 93- 411 and the Standard Operation Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 15 % MBE and 5 % WBE on this project. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-5 2-1.03 MINORITY WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS -- It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (I) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the City to inform all bidders of the requirements for the project for which the contract will be awarded. The City may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs, WBEs and other business enterprises. The bidder shall, when economically feasible, divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the City. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days prior to the date the bids were required to be submitted. In all instances, the bidder must document that invitations for sub-contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. The Mayor's Affirmative Action Office shall be available to help identify interested MBEs, WBEs and other business enterprises. (5) The bidder documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. CP_(. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the submission of bids. (8) The bidder negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the City. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor. If the City has established expected levels of participation for MBE and WBE sub- contractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the City is considering awarding away from the lowest bidder or not awarding a contract to a proposed bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above, the City shall, if requested, and prior to the award of the contract, afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the City to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately, and all City Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. 2-1.04 SUBMISSION OF MBE/WBE INFORMATION -GOOD FAITH EFFORTS - The Contractor may submit the MBE/WBE INFORMATION -GOOD FAITH EFFORTS document with the contract Bid Documents prior to the hour of the bid opening. If this document is not submitted with the Bid Documents, it must be submitted to the Public Works Division, upon request, by 4:30 p.m. on the fourth working day following the day of the bid opening CP_7 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- Award of the contract will normally be made by the Mayor and the Common Council at a Council Meeting. The bidder, to whom the contract is awarded, shall file with the Engineer all required bonds and insurance policies, and execute the contract within 10 calendar days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the City as liquidated damages. 3-1.02 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the Engineer before the contract is executed by the City in accordance with Section 2- 4, "CONTRACT BONDS", of the Standard Specifications. The contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in California. 3-1.03 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one submitted bid, all such submitted bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a 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. The Contractor shall fill out all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. SP-8 3-1.04 AWARD OF CONTRACT -- Following a review of the bids, the City shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the City. Additionally, the City reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal notice inviting sealed bids as may be required to provide for the best interest of the City. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the Instructions to Bidders, the Plans, the Special Provisions and the Notice Inviting Bids. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the City Council. The Notice Inviting Bids, the Instructions to Bidders, the Bid Form, the Plans, Special Provisions and Standard Specifications, Addendum, together with any attachments, shall be considered as part of the contract between the City and the Contractor to whom the contract is awarded. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. 3-1.05 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, and addenda, or any other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the City may rely that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any 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 fully informed himself prior to the bidding. D. No Bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. SP-9 3-1.06 REOUII2ED INSPECTION OF THE SITE -- A. Bidders are required to inspect the site of the work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface of, and at, the site of the work. B. If, during the course of examination, a Bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall notify the Engineer immediately. C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the City is not intended to be a substitute for, or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. SP-10 SECTION 4 4-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATION DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions in Section 6-1, "Construction Schedule and Commencement of Work", in Section 6-7.1, "Time of Completion" and in Section 6-9, "Liquidated Damages" of the Standard Specifications and these Special Provisions. 4-1.02 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 20 WORKING DAYS from the date of the "NOTICE TO PROCEED". 4-1.03 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $500.00 per day for each calendar day's delay in fmishing the work in excess of the number of working days prescribed above. In case all the work called for is not completed in all parts and requirements within the time specified, the City shall have the right to grant or deny an extension of time for completion, 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, of the 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 within ten (10) working days after the date of the Notice of Award of the Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or graph. SP-11 4-1.04 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer by the tenth of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Section 6-~ 3 "Contract Time Accounting". of the Standard Specifications is superseded by these Special Provisions. The Engineer or his/her designee will make a daily determination of each working day to be charged against the contract time. Per contract written request, the Engineer will provide working and non-working days to the Contractor. 4-1.05 INSPECTION -- The contractor is responsible to notify the Public Works/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. At the inspector's request and the contractor's expense, any pipes less than 24" must be inspected by camera for joint grouting and any other inspection. For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING DAYS AND HOURS". SP-12 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 save 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 Policies shall name the City of San Bernardino as an additional 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 Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this projecdlocation; SP-13 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 5-1.03 WORKER'S COMPENSATION 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-14 (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 Council or 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 workers or the public; or for damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workers, or any one 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. sr-is 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-I.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" or an amended date and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. 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 interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. 5-1.10 CITY BUSINESS REGISTRATION CERTIFICATE -- The Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultant/vendor to practice its profession, skill or business. SP-16 ACCORD CERTIFICATE OF INSURANCE OnrEIMMm/DD) 00/00100 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER COMMERCIAL ASSOCIATES INS., INC. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER 1228 EAST LA PALMA AVE. THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM, CA 92807 COMPANIES AFFORDING COVERAGE (714) 524-4949 FAX: (7145) 524940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA-VALLEY FORGE YOUR COMPANY NAME COMPANY AND ADDRESS C CHUBBGROUP-FEDERALINSURANCE COMPANY D COVERAG88 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 REDUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TXE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E%CLUSIONS AND CONDITIONS Of SUCH POLICIES. LIMOS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS LTR TYpE OF INSURANCE NUMBER GATE IMMM//00) DATE IMMM'/DD) GEN ERAL LIABILITY EACH OCCURRENCE 51000000 X COMMERCU\L GEN LIABILITY FIRE DAMAGE ANY ONE FIRE S 500000 ^ CLAIMS ^ OCCUR MADE MED EXP (ANV ONE PERSON) j 5,000 A OWNER'SB CONTRACTOR'S PROT 10226]5]6 0210158 02101/99 X PERSONALBADV INJURY j1000000 GENERAL AGREGATE j1000000 PRODUCTS-COMP/OP AGG 51,000000 AUT OMOBILE l1ABILITY COMBINED SINGLE LIMIT j1000000 X ANV AUTO BODILY INJURY PER PERSON ALL OWNED AUTOS BODILY INJURY B PER ACCIDENT BAP 5197135 02/01/98 SCHEDULEDAUTOS PROPERTY DAMAGE PER ACCIDENT HIRED AUTOS NON-OWNED AUTOS GAR AGE LIABILITY 5 AUTO ONLY -EACH ACCIDENT OTHER TIUN NUTO ONLYI j ANY AUTO EACH ACCIDENT OTHER TH4N AUtO ONLYI j AGGREGATE WORKERS COMPENSATION AND X WORKERS COMP EMPLOYER'S LIABILITY STATUTORY LIMITS _ 000 51 000 E. L. EACH ACCIDENT , , C. WC XXXXX% 02/01/98 02/0159 j1 000 000 THE PROPRIRETOR/ INCL E.L. DISEASE-EA EMPLOYEE , , PARTNERSIEXECUTIV j1 000 000 E OFFICERS ARE'. EXCL E.L. DISEASE-POLICY LIMIT , , OTHER DESLRIPDONOF OPERATIONYLOCATN)NaNENX:LESBPECUILDEM4 JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERT PROJECT NAME) BELOW NAMES AS ADDITIONAL INSURED W ITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIFICATE MOLDER CANCELLATION THE CITY OF SAN BERNARDINO SHOULD ANY OF THE ABOVE DEECRIBEO PDIILIEB BE LMILELLED BEFONE THE EXFlMTION WTE THEREOF, THE MSUEINO COMPANY WILL MAIL 3Q DAY9 WRITTEN NOTICE TO 1HE LERTFlLATE MOLDER DEPARTMENT OF DEVELOPMENT SERVICES xAMEa TO TIELEFr. DIVISION OF PUBLIC WORKS AUIMOR¢ED REPRESENTAINE 300 NORTH "D" STREET, 3R° FLOOR jOHNE. SMITH (9cvnlulu:) SAN BERNARDINO, CA 92418-0007 ALLOR0155 155 OACCORD CORPORATON SP-17 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 "D" STREET, 3RD FLOOR SAN BERNARDINO, CA 92418-0001 SAMPLE ONLY (If no entry appeazs 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 BYAUTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OFATTORNEY GIVING AUTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-18 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity of any item of work subject to the provisions in Section 3-2.2.1, "Contract Unit Prices" ,"increased or decreased quantities", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3- 2.2.1 and these Special Provisions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less that $1,500 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate, therefor, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity at the original contract unit price. 6-1.02 SOUND CONTROL REQUIREMENTS -- Sound 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 may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. SP-19 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS -- The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) through the entire project. The Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to be prepared to provide hay bales or similar devices to prevent erosion from being washed into the storm drain system. The Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. The following are the areas to be addressed where applicable: 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. 13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site. 14. Ca11911 in case of a hazardous spill. 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan (SWPPP) 16. Name a person, on site, responsible for complying with S.W.P.P.P. Best Management Practices (BMPs). Best Management Practices shall be defined as any program, technology, process, siting criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-20 The Contractor shall have a minimum of two (2) readily accessible copies of each publication on the Work site at all times. The Contractor shall implement the following BMPs in conjunction with the construction operation and activities: CONSTRUCTION PRACTICES Water Conservation Practices Dewatering Paving Operations Structure Construction and Painting MATERIAL MANAGEMENT Material Delivery and Storage Material Use Spill Prevention and Control WASTE MANAGEMENT Solid Waste Management Hazardous Waste Management Contaminated Soil Management Concrete Waste Management Sanitary/Septic Waste Management VEHICLE AND EQUIPMENT MANAGEMENT Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance VEGETATIVE STABILIZATION Scheduling Preservation of Existing Vegetation Temporary Seeding and Planting Mulching PHYSICAL STABILIZATION Geotextiles and Mats Soil Stabilizer/Dust Control Temporary Stream Crossing Stabilized Construction Roadway Stabilized Construction Entrance SP-21 RUNOFF DIVERSION Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes, Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion DitchesBerms Slope Drains and Subsurface Drains VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding SEDIMENT TRAPPING Silt Fences Straw Bale Barrier Sand Bag Barrier Brush or Rock Filter Storm Drain Inlet Protection Sediment Traps Sediment Basin Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and implemented throughout the construction phase and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. The CITY, as a permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of $1,000 for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMPs. SP-22 Full compensation for the implementation of BMPs, includmg the construction, removal, and the furnishing of all necessary labor, equipment, and materials, shall be considered as included in the prices bid for the various items of work. Storm Water Pollution Prevention Plan (SWPPP). A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. Projects over one acre are placed under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board and as such projects that fall into this category must submit a Notice of New Construction (NONC) to the State Water Resources Control Board (SWRCB) to obtain a waste discharge identification number (WDID). This information is available for review and downloading on the State of California, Department of Transportation web site at http.•//www.dot.ca.gov/hg/construc/stormwater/manuals. SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs that address contractor activities, erosion, and sedimentation control. The SWPPP shall also include and incorporate appropriate BMPs for run-off generated by construction activities and other non-storm water sources. During all periods of construction, excavated soils which are stored on-site shall be completely covered with waterproof material and sand (or gravel) bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Field Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Field Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Field Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Field Engineer will notify the Contractor of the acceptance or rejection of the revised SWPPP within seven (7) working days from the date of submittal. SP-23 The SWPPP shall be submitted to the CITY for review and approval a minimum of twenty (20) working days prior to the commencement of construction operations in accordance with 6-1.03 of these Special Provisions. Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs shall be considered as included in the prices bid for the various items of work. The City's NPDES Division shall be contacted prior to any work to determine whether or not the project will require the development of a Water Quality Management Plan (WQMP). THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City Business Registration prior to the execution of the contract. Prior to the commencement of work, the Contractor shall obtain a construction permit at no cost from the City of San Bernardino, Public Works Division, Engineering Section, located at San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, CA 92418. The permit shall be kept in a readily available place on the job site at all times during construction. While no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA. Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions limited to, Building Division, Public Services Caltrans, Fish & Game, Corp. of Engineers, R and/or agencies including, but not - Sewer, Water, County Flood Control, Railroad, egional Water Quality Board, etc., at his/her own expense, unless otherwise stated in the Plans and Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. Contractor shall obtain a City of San Bernardino Business License at his/her own expense. 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform 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 by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Material 15 3) Equipment Rental 15 4) Other items and Expenditures 15 SP-24 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 by Subcontractor When all or any part of the extra work is performed 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. 6-1.06 HOLIDAYS, WORKING DAYS AND HOURS -- The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Friday, excluding holidays, as defined in this section. Deviation from these hours will not be permitted without the prior consent of the 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 Engineer. The Contractor shall coordinate with the Engineer regarding working hours prior to start of construction. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. 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 IS`, the third Monday in January, the third Monday in February, the last Monday in May, July 4~', the first Monday in September, November I1~', Thanksgiving Day and the Friday following, December 25`h 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 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. 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. SP-25 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. 6-1.10 SURVEYING SERVICE -- Surveying and/or contract staking shall be done per Section 2-9.2 of the Standard Specifications and these Special Provisions. The Contractor shall perform and be responsible for the accuracy of surveying adequate for construction. A California registered Civil Engineer licensed to perform surveying or a California registered Land Surveyor shall perform any surveying or staking, as directed by the Engineer, at the expense of the Contractor. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at the expense of the Contractor. In case of missing or incorrect ties, the Contractor's Surveyor shall restore ties as necessary at the expense of the Contractor. The Contractor shall submit to the City a copy of all survey notes and a Certificate Record of Survey. All existing monumentation shall be tied and recorded prior to construction. Corner Records shall be filed, pre and post construction, in accordance with Section 8771 of the Business and Professions Code (AB 1414). Final monumentation of alignments and new R/W lines shall be performed in accordance with the State of California Surveys Manual (latest edition). Record of Surveys or In-Lieu Maps, as applicable, shall be prepared and filed. One reproducible (mylar) copy of all filed maps and one photocopy of all filed Corner Records or Records of Survey shall be delivered to the City within 30 days of such filings. 6-1.11 APPROVED MATERIALS -Wherever the expression "or approved equal" is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. SP-26 All substitution requests shall be submitted to the City Engineer in writing five (5) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the Engineer for review and approval six (6) copies of all shop drawings. The Contractor shall make any corrections to shop drawings required by the Engineer. 6-1.12 CITY-FURNISHED MATERIALS -City-furnished material, when applicable as specified in other sections of these Special Provisions, shall comply with the following: A. Materials, if furnished by the City, will be made available as specified in these Special Provisions. The Contractor is responsible for loading, unloading, hauling and handling, and placing City-furnished materials. B. The Contractor shall inspect and assure itself of the amount and soundness of such materials. C. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such cost may be deducted from any monies due or to become due the Contractor. 6-1.13 CLAYTON 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. 6-1.14 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. SP-27 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, it is assumed that the bid included the cost for implementing and/or constructing the discrepancy that would have the highest dollar value. 6-1.15 EMERGENCY INFORMATION -- The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, which can be reached and will respond to calls 24 hours/day, shall be filed with the Office of the City Engineer prior to beginning work. 6-1.16 MAINTENANCE OF EXISTING IMPROVEMENTS -- The Contractor shall protect and maintain all existing improvements and facilities in place to remain from the first day of work under this contract to acceptance. Contractor is responsible for replacing any damaged improvement or facility to original condition or better. 6-1.17 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. 6-1.18 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. sr-za 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. 6-1-19 MEETINGS -- A. The Contractor shall attend weekly progress meetings at the project site. B. In general, these meetings will be attended by the Contractor, the Engineer or his designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Engineer or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. D. The Engineer shall have the authority to require that a mandatory meeting be held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and may subcontractors specified by the Engineer. 6-1.20 PAYMENT -- Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. SP-29 SECTION 7 7-1 UTILITIES 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special Provisions. Notify the Engineer immediately of any conflict. Match existing products. 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' or agencies' contractors. The Contractor shall coordinate his work with utility owners and their contractors. The Contractor shall exercise due caution to prevent any damage to/or 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. 1. SOUTHERN CALIFORNIA EDISON COMPANY 287 Tennessee Street Redlands, CA 92373 Phone: (909) 307-6788 Attn: Ben Murguia 2. SOUTHERN CALIFORNIA GAS COMPANY 1981 West Lugonia Avenue Redlands, CA 92373 Phone: (909) 335-7772 Attn: Devry Jennings 3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Water Utility Division 195 North "D" Street San Bernardino, CA 92401 Phone: (909) 387-7224 Attn: Ellis Williams SP30 4. VERIZON 1980 Orange Tree Lane, Suite 100 Redlands, CA 92374-2803 Phone: (909) 748-6644 Attn: Fernando Lopez 5. TIME WARNER TELCOM OF CALIFORNIA ~AOELPHiA; coMCnsr~ 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 795-3349 Attn: Stewart King 6. TIME WARNER TELCOM OF CALIFORNIA (aoELPHrA; Tc/~ 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 798-8588 Attn: Mark Davenhauer 7. TIME WARNER TELECOM OF CALIFORNIA 3281 Guasti Road, Suite #350 Ontario, CA 91761 Phone: (909) 456-3697 Attn: Richard Wilkerson Cell: (714) 801-6141 8. A.T. & T. - OSP Engineering Cable Maintenance & Right of Way 2741 N. Main Street Walnut Creek, CA 94596-2714 Phone: (925) 944-8416 Attn: Rosemary Hamill 9. A.T. SL T. (SBC -PAC/FlC BELL TELEPHONE) ATTN: Right-of--Way Liaison 1265 N. Van Buren Street, Room #180 Anaheim, CA 92807 Phone: (714) 666-5401 Attn: Susan Morgan SP-31 10. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 Phone: (909) 874-7450 Attn: Lynn Durrett 11. MCI -Western Region OSP Outside Plant Construction 157 S. Lilac Street Rialto, CA 92376 Phone: (909) 421-5309 Attn: Chuck Trimble 12. CHARTER COMMUNICATIONS 7337 Central Avenue Riverside, CA 92504-1440 Phone: (951) 343-5139 Attn: Dean Vandever 13. EAST VALLEY WATER DISTRICT 3654 Highland Avenue, Suite #18 Highland, CA 92346-2607 Phone: (909) 888-8986 Attn: Leida Etherton 14. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES Attn: Randy Miller, Division Chief 670 E. Gilbert Street San Bernardino, CA 92415 Phone: (909) 388-5910 Attn: Michele Watson 15. OMNITRANS 1700 W. 5"' Street San Bernardino, CA 92411 Phone: (909) 379-7153 Attn: Allen Wild -Stops & Station Changes SP-32 16 17 18 CITY OF SAN BERNARDINO INFORMATION SERVICES -COMMUNICATIONS 300 North "D" Street, 4`h Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT STREET DIVISION 234 S, Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: Elias Shehab CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT TRAFFIC SIGNALS 234 S. Mt. View, #110 San Bernardino, CA Phone: (909) 384-5129 Attn: Scott Zehm 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the location of all underground utilities and services, including potholing, before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor. 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. 7-1.04 UTILITIES NOTIFICATION -- The Contractor shall notify all owners of public utilities seventy two (72) hours in advance of excavating around any of their facilities and substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/422-4133. SP-33 7-1.05 UTILITIES INTERFERENCE -- Utilities which are found, by exploratory location or by excavation, to interfere with the construction of this project will be relocated, altered, or reconstructed, or the Engineer may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The Contractor may coordinate the work with the utility owners. Abandoned utilities, which interfere with the construction of any portion of this project, may be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. SP-34 SECTION 8 8-1 DESCRIPTION OF WORK 8.1-O1 DESCRIPTION OF WORK -- The description of work to be done consists, in general, of clearing and grubbing, removing existing 24" RCP, installing storm drain pipe, constructing rock and concrete splash pad, and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions shall be performed, placed, constructed or installed. 8-1.02 BLANK 8-1.03 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. 8-1.04 PROJECT LOCATIONS -- See separate bound Plans. 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. 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. SP-35 8-1.04 PRE-BID IN UIRIES -- 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 will be accepted until one week prior to bid opening. If there are any questions regarding this project, please contact: City Engineer's Office 3`d Floor, San Bernardino City Hall 300 North "D" Street San Bernardino, CA 92418 Attention: Robert Sepulveda, Engineering Associate, Project Manager Tel: (909) 384-5167; Fax: (909) 384-5155; E-mail: sepulveda_ro@sbcity.org Re: STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CANYON BASIN (SD 07-01) -- PLAN N0. 11591 SP-36 SECTION 9 9-1 TRAFFIC CONTROL 9-1.01 GENERAL -- Attention is directed to Section 7-10, "Public Convenience and Safety", of the Standard Specifications for Public Works Construction, 2003 Edition and these Special Provisions. Warning signs, lights, cones, barricades and devices for use in performance of work upon highways shall conform to the "Manual on Uniform Traffic Control Devices", current edition, and the "California Supplement", current edition. The Contractor shall submit and obtain City approval for traffic control and traffic detour plans prior to the commencement of operations on a street. Traffic control and detour plans shall be based on the most recent "Manual on Uniform Traffic Control Devices", current edition, and the "California Supplement", current edition. All temporary traffic striping, and maintenance shall be done by the Contractor, including placement of temporary tape on all crosswalks. The Contractor shall restore all existing striping to original configuration as directed by the 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 that remain after dusk must be properly illuminated at night to the satisfaction of the Engineer. The Contractor shall take all necessary measures to obtain a normal flow of traffic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall be responsible for implementing the approved traffic control plan based on the most recent "Manual on Uniform Traffic Contro] Devices", current edition, and the "California Supplement", current edition. 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. SP-37 In addition to the foregoing traffic control and safety measures, the Contractor shall immediately implement any measures requested by the Engineer defined as necessary to ensure the proper flow of traffic, the protection of the public and/or the safety of the workers. The Contractor shall maintain at all times 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 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 specified herein, the Contractor may post temporary "NO PARKING" signs within the area of work as required to facilitate construction operations, with prior approval of the Engineer. The Contractor shall furnish, maintain, and install (seven days prior to the start of work) all "TEMPORARY NO PARKING" signs with the duration of the no parking time written 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 with a minimum of one lane open in each direction. 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. Convenience access to abutting properties shall be maintained and remain open, unless approved by the Engineer. SP-38 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. 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. If any traveled lane or road is allowed to be closed by the Engineer, 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 the lane or road closure. Personal vehicles of the Contractor's employees shall not be parked o 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 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 avow signs (FAS) during lane closures or detours on streets. The Engineer shall determine when FAS is required at any location. 9-1.08 PAYMENT -- Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. SP-39 SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section 9-3.4, "Mobilization", of the Standard Specifications. Mobilization may include, but not be limited to, the following principle items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Providing a Project Office. 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these Specifications 6. Moving onto the site, including, but not limited to: a. Equipment b. Arranging for and erection of Contractor's work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. 8. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet (as required). 9. Installing all temporary utilities (as required). 10. Establishing required fire protection provisions. 1 I. Posting a110SHA required notices and establishment of safety programs. 12. Posting of all Department of Labor notices. 13. Having the Contractor's superintendent at the job site full-time and responding 24 hours per day. 14. Air and water quality protective measures, as necessary, and without limitation. 15. Potholing and other research and review as necessary to verify site conditions and utility locations. 16. Demobilization of the Site. 17. Any other item as specified. 10-1.02 PAYMENT - The contract bid lump sum price paid for "MOBILIZATION" shall be deemed to include the cost of work in advance of construction operation and not directly attributable to any specific bid item, and no additional compensation will be allowed therefor. SP-40 SECTION 11 11-1 CLEARING AND GRUBBING 11-1.01 GENERAL -- Clearing and grubbing shall comply with Section 300-1, "Clearing and Grubbing", of the Standard Specifications and these Special Provisions. Clearing and grubbing shall include, but not be limited to the following items as shown on the Plans or as specified in the Special Provisions. The following items shall be classified as clearing and grubbing: 1. Removal of existing reinforced concrete pipe as shown in the Plans, including saw cutting, and as directed by the Engineer. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities provided in Section 7-1.09, "Public Safety", of the Standard Specifications. All removed concrete and other materials shall become the property of the Contractor and shall be disposed of outside of the right-of--way in accordance with Section 300-2.2, "Unsuitable Materials", and Section 300-2.6, "Surplus Material", of the Standard Specifications. 11-1.02 PAYMENT -- The Lump Sum price paid for "CLEARING and GRUBBING", shall be considered as full compensation for doing all the work involved in clearing and grubbing, and no additional compensation will be allowed therefor. SP-41 SECTION 12 12-1 EARTHWORK FOR STORM DRAIN UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL 12-1.01 EARTHWORK FOR STORM DRAIN -- Earthwork for storm drain trench, including unclassified excavation and unclassified fill, shall conform to the provisions of Section 300-2, "Unclassified Excavation", and Section 300-4, "Unclassified Fill", of the Standard Specifications and these Special Provisions. The storm drain trench shall be excavated to the lines and grades shown on the Plans and cross sections. The existing trench shall be filled and graded to a neat well-drained condition to the dimensions shown on the Plans and in conformance to Section 300-7.4, "Fill and Backfill", of the Standard Specifications and as directed by the Engineer. All removed concrete and the other unsuitable materials shall become property of the Contractor and shall be disposed of outside of the right-of--way in accordance with 300-2.2, "Unsuitable Materials", of the Standard Specifications. Where unclassified fill and grading is necessary in preparation for laying concrete, it shall be made with clean earth which shall be solidly compacted to avoid future settlement. 12-1.03 PAYMENT -- The contract bid price paid per cubic yard for "UNCLASSIFIED EXCAVATION for STORM DRAIN TRENCH", and "UNCLASSIFIED FILL for STORM DRAIN TRENCH", shall be considered as full compensation for providing all material and for doing all the work involved in earthwork for the storm drain trench, per the Plan, the Standard Specification, these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-42 SECTION 13 THROUGH SECTION 25 BLANK SP-43 SECTION 26 26-1 REINFORCED CONCRETE PIPE 26-1.01 GENERAL -- Reinforced concrete pipe of the specified size and D-Load shall comply with Section 207-2, "Reinforced Concrete Pipe", of the Standard Specifications and these Special Provisions. Installation of reinforced concrete pipe shall conform with the provisions of Section 306, "Underground Conduit Construction", of the Standard Specifications. Abandonment of existing storm drain laterals and the sealing of catch basin outlets as required for construction of new storm drain laterals shall comply with Section 306-5, "Abandonment of Conduits And Structures", of the Standard Specifications. Backfill placed within 1.5 feet of the finished subgrade in asphalt pavement areas shall be compacted to a minimum relative density of 95%. Reinforced concrete pipe shall be of the D-Load strength shown on the Plans or specified in the Special Provisions. The wall thickness, reinforcement and test loads for pipe of the sizes specified shall conform to the requirements of the Standard Specifications, Serial Designation C76-41 of the American Society for Testing Materials. The D-Load is the actual load in pounds per linear foot that the pipe will withstand under the three-edge bearing test, without showing a crack in excess of 0.01 inch in width and 12 inches in length, divided by the inside diameter of the pipe in feet. All excess excavation or unsuitable material shall become the property of the Contractor and shall be hauled away and disposed of at a site obtained by the Contractor. 26-1.02 TEMPORARY RESURFACING -- Temporary resurfacing shall comply with the requirements of Sub-section 306-1.5.1., "Temporary Resurfacing", of the Standard Specifications and these Special Provisions. SP-44 26-1.03 PAYMENT -- The contract unit bid price paid per linear foot for installation of "RCP" (Reinforced Concrete Pipe), shall include full compensation for furnishing all labor, materials, tools, equipment, shoring, including bedding, and incidentals, and for doing all the work involved in installation of various sizes of RCP, including constructing support of RCP, connecting of RCP to existing 24" RCP, complete in place, as shown on the Plans and as directed by the Engineer, and no additional compensation will be allowed therefor. Cost for compaction testing ordered by the Engineer shall be paid for in the following manner: 1. Tests which do not meet the required relative compaction shall be paid for by the Contractor, as a deduction from his contract. 2. Tests which do meet the required relative compaction will be paid for by the City. SP-45 SECTION 27 27-1 CONCRETE STRUCTURES 27-1.01 GENERAL -- Portland Cement Concrete construction shall comply with Section 201-1, "Portland Cement Concrete", Section 303-I "Concrete Structures", and Section 201-2, "Steel Reinforcement for Concrete", of the Standard Specifications, as shown on the Plans, Standard Drawings and these Special Provisions. Concrete for structures shall be Class 560-C-3250 with a maximum slump of five (5) inches. Reinforced Steel shall be Grade 60 per ASTM A-615 designation. Class 2 surface finish will not be required on any portion of the concrete structures. The quantities shown on the bid sheet for concrete for the various structures shall be considered final quantities for payment for these items unless the dimensions of the work shown on the Plans are revised by the Engineer. If such dimensions are revised, and such revisions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the changes in the dimensions. The estimated quantities for such specific portion of the work shall be considered as approximate only and no guarantee is made that the quantities which can be determined by computations, based on the details and dimensions shown on the Plans, will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities. 27-1.02 ROCK AND CONCRETE SPLASH PAD -- Rock and concrete splash pad shall be constructed in accordance with the San Bernardino County Flood Control District Standard Plot S.P. 183-A, and as directed by the Engineer. 27-1.03 CONCRETE COLLAR -- Concrete collar shall be constructed as shown on the Plans and in accordance with City Standard Drawing No. 412, and as directed by the Engineer. SP-46 27-1.04 PAYMENT -- The contract unit price paid per each for "ROCK and CONCRETE SPLASH PAD", and "CONCRETE COLLAR", shall include full compensation for structure excavation, structure backfill, and furnishing and placing all steel reinforcing, miscellaneous iron and steel including foundation preparation, furnishing and placing 12" nominal rocks, and for doing all the work involved in constructing all of the above, complete in place, as shown on the Plans, and as directed by the Engineer, and no additional compensation shall be allowed therefor. SP-47 SECTION 28 BLANK SP-48 SECTION 29 29-1 SHORING OF EXCAVATION 29-1.01 GENERAL -- The Contractor shall furnish all labor, equipment, and materials required to design, construct, maintain, replace, and remove all shoring, sheeting lagging, cribbing, piling or other types of support for the walls of the open excavations required for the construction of this project. 29-1.02 PERFORMANCE -- Attention is directed to the "Construction Safety Order", "Trench Construction Safety Orders", "Tunnel Safety Orders", and the "General Safety Order", issued by the Division of Industrial Safety of the State of California, Department of Industrial Relations and to any and all other applicable laws ordinances, or regulations to which the Contractor is required by law to conform. He shall provide himself with copies of these "Orders", "Laws", and have a copy of each at the site of his operations and shall be governed by the requirements thereof. The requirements concerning shoring, sheeting, and bracing of excavations and those concerning warning signs, lights and barricades are of particular importance. All excavations 5 or more feet in depth shall be braced in accordance with the requirements of Section 306-1.1.6 of the Standard Specifications. The Contractor shall take precautionary measures to protect, in place, all existing structures and fences during excavation. At least one lane shall be open to local traffic only at all times during construction. The Contractor shall submit to the Engineer, at least 48 hours in advance of any excavation, a detailed plan showing a design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during an excavation. No excavation shall be done until such plan has been approved in writing by the Engineer, and a permit has been obtained from the State Division of Industrial Safety in accordance with the requirements of Section 7-10.4.1 of the Standard Specifications. The Contractor shall have on file with the City of San Bernardino, Department of Development Services, Division of Public Works, a copy of CAL/OSHA permit for any excavation over five feet in depth and into which persons are required to descend. SP-49 29-1.03 PAYMENT -- The contract price for this section shall be considered as included in the contract bid price paid for "RCP (Reinforced Concrete Pipe )", and no additional compensation will be allowed therefor. SP-50 SECTION 30 THROUGH SECTION 49 BLANK SP-51 SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL - All existing improvements (except utilities and street pavements) including, but not limited to curbs, gutters, cross gutters, spandrels, driveways and sidewalks, walls, fences, sprinkler systems, lawns, shrubs, trees, and traffic signs, traffic striping and traffic detector loops which are damaged or removed during the course of construction of the project shall be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, unless otherwise specified or noted on the drawings. The removal and restoration of existing improvements shall be in accordance with the applicable provision of these Special Provisions, the Standard Specifications, Standard Drawing and the following requirements: In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the Contractor's operations, a minimum of 10 feet of curb, gutter or curb and gutter shall be removed and replaced regardless of how short a length is damaged. The Contractor shall begin said 10-foot section, if possible, at an existing joint or scoring line. If said 10-foot section ends within 3 feet of an existing joint or scoring line, then the removal shall extend to saidjoint or scoring line. 2. If concrete cross gutter is damaged by the Contractor's operations, the cross gutter shall be removed in its entirety and replaced. 3. Concrete sidewalk shall be removed in its entirety between scoring lines or between scoring line and joint. Prior to removal, scoring lines shall be saw-cut. 4. If a concrete driveway is damaged and is a single monolithic structure, it shall be removed in its entirety and replaced. 5. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a saw cut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced. SP-52 If the roadside signs are damaged during the construction, they shall be restored or replaced to a condition equal or better than the existing per the prior approval of the City's Traffic Section. New installation shall not impede into required ADA access distance around obstacles. A minimum clearance of 48" shall be maintained. If existing fence is in conflict with the new construction, fence shall be relocated by the Contractor. Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of work. 50-1.02 PAYMENT -Full compensation for conforming to the requirements of this section, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed therefor. SP-53 CITY APPLICATION FOR PROJECT CERTIFICATION OF COMPLIANCE FROM U. S. ARMY CORPS OF ENGINEERS /' L REPLY TO ATTENTION OP January 16, 2007 Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION City of San Bernardino Development Service Department Attention: Michael W. Grubbs 300 North "D" Street San Bernardino, California 92418-0001 Dear Mr. Grubbs: ill J This is in reply to your letter (No. 200600383-SLP) dated December 5, 2005, concerning our permit authority under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) over your proposal to discharge fill material over 0.005-acre of an unnamed tributary to Devil Creek, in association with the repair of the Irvington Street storm drain and splash pad, in the City of San Bernardino, San Bernardino County, California. The Corps of Engineers has determined your proposed activity complies with the terms and conditions of Nationwide Permit Number 7: Outfnll Stnlchlres (Section 404) as described in enclosure 1. In addition, the Corps has determined that your proposed activity complies kith the terms and conditions of Nationwide Permit Number 33: Temporary Construction, Access and Dezuatering (Sections 10 and 404) as described in enclosure 1. Furthermore, you must comply with the following non-discretionary Special Conditions: 1. Prior to initiating construction in waters of the U.S., the permittee shall submit a complete set of final detailed construction plans for Corps approval or disapproval. The plans shall be submitted on paper that is no larger than 11 x 17 inches. No work in waters of the U.S. is authorized until the permittee receives, in writing, final Corps approval of the final detailed construction plans. The permittee shall ensure that the project is built in accordance with the final Corps-approved plans. Z. Within 45 days of completion of authorized work in waters of the U.S., the permittee shall submit to the Corps: DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORN W 90053.2325 i. Apost-project implementation memo indicating the date authorized impacts to -z- waters of the U.S. was completed. ii. Color photographs taken at the project site before and after construction for those aspects directly associated with impacts to waters of the U.S. This letter of verification is valid through March 19, 2007. All nationwide permits expire on March 19, 2007. If you either contract the work or begin construction on or before March 19, 2007 you will have an additional 12 months to complete the activity under the attached nationwide permit terms and conditions. If the work is not under construction or contract by March 19, 2007 the work will be subject to regulations in effect at the time when you re-apply for a permit. It is incumbent upon you to remain informed of changes to the nationwide permits. If the Corps of Engineers modifies, reissues, or revokes any nationwide permit at an earlier date, we will issue a public notice announcing the changes. A nationwide permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. Thank }'ou for participating in our regulatory program. If you have any questions, please contact Shannon Pankratz at (213)452-3412. Sincerely, i ~~'L~ ~ Mark Durham Chief, South Coast Section Regulatory Branch Enclosure -3- LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: 200600383-SLP Name of Permittee: Michael Grubbs Date of Issuance: January I6, 2007 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S Army Corps of Engineers Regulatory Branch ATTN: CESPL-CO-R-200600383-SLP - - P.O. Box 532711 Los Angeles, California 90053-2325 Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this nationwide permit you may be subject to permit suspension, modification, or revocation procedures as contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit condition(s). Signature of Permittee Date NATIONWIDE PERMIT NUMBER NW07 andNW33 TERMS AND CONDITIONS 1. Nationwide Permit NW07 andNW33 Terms: Your activit}' is authorized under Nationwide Permit Number NW07 andNW33 subject to the following terms: Nationwide Perrnif Number 7: Outfnfl Structures and Maintenance. Activities related to: (i) Construction of outfall structures and associated intake structures where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted, or are otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program (Section 402 of the CWA), and (ii) Maintenance excavation, including dredging, to remove accumulated sediments blocking or restricting outfall and intake structures, accumulated sediments from small impoundments associated with outfall and intake structures, and accumulated sediments from canals associated with outfall and intake structures, provided that the activit}' meets all of the following criteria: a. The permittee notifies the District Engineer in accordance with General Condition ]3; b. The amount of excavated or dredged material must be the minimum necessary to restore the outfalls, intakes, small impoundments, and canals to original design capacities and design configurations (i.e., depth and width); c. The excavated or dredged material is deposited and retained at an upland site, unless otherwise approved by the District Engineer under separate authorization; and d. Proper soil erosion and sediment control measures are used to minimize reentry of sediments into waters of the US. The construction of intake structures is not authorized by this NWP, unless they are directly associated with an authorized outfall structure. For maintenance excavation and dredging to remove accumulated sediments, the notification must include information regarding the original design capacities and configurations of the facility and the presence of special aquatic sites (e.g., vegetated shallows) in the vicinity of the proposed work. (Sections 10 and 404) Nationwide Permit Number 33: Temporary Construction, Access and Deumtering. Temporary structures, work and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction saes; provided that the associated primary activity is authorized by the Corps of Engineers or the USCG, or for other construction activities not subject to the Corps or USCG regulations. Appropriate measures must be taken to maintain near normal downstream Flows and to minimize Flooding. Fill must be of materials, and placed in a manner, that will not be eroded by ezpected high flows. The use of dredged material may be allowed if it is determined by the District Engineer that it will not cause more than minimal adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or dredged material returned to its original location, following completion of the construction activity, and the affected areas must be restored to the pre-project conditions. Cofferdams cannot be used to dewater wetlands or other aquatic areas to change their use. Structures left in place after cofferdams are removed require a Section 10 permit if located in navigable waters of the U.S. (See 33 CFR part 322). The permittee must notify the District Engineer in accordance with the "Notification" General Condition. The notification must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. The District Engineer will add special conditions, where necessary, to ensure environmental adverse effects is minimal. Such conditions may include: limiting the temporary work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan; and requiring alternative construction methods (e.g. construction mats in wetlands where practicable.). (Sections 10 and 404) 2. Nationwide Permit General Conditions: The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. Navigation. No activit}' may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as am work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-Flow or no-Flow. 4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low Flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Cnse-By-Cnse Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)). Additionally, any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency determination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river' for possible inclusion in the system, while the river is in an official s[udv status; unless the appropriate Federal agenry, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Trihnl Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 407 certification (either generically or individually) does not require or approve water quality management measures, the permittee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements). Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring. 10. Constnl Zone Mnnnsenrent. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330.4(d)). 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed fur such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect Federally-listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by [he proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS the District Engineer may add species-specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e. g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non-lethal "takes' of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http://www.fws.gov/r9endspp/endspp.h[ml and http://www.nfms.gov/prot_res/esahome.htm] respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on [he National Register of Historic Places, and shall not begin the activity until notified by the District Engineer chat the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on [he location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(8)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property ma}' be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Noti~icntion. (a) Tuning: where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once. However, if the prospective permittee dues not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity: (1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) If notified in writing by the District or Division Engineer [hat an Individual Permit is required; or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP maybe modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (h) Cmttents of Notification: The notification must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be proaided when necessary to show that the activity complies with the terms of the NWP (Sketches usually clarify the project and when provided result in a quicker decision.); (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 41, 42, and 43, the PCN must also include a delineation of affected specal aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and rifFle and pool complexes (see paragraph 13(f)); (5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; (6) For NWP 14 (Linear Transportation Crossings), The PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable; (7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state- approved mitigation plan, if applicable. To be authorized by this NWP, the District Engineer must determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing; (8) For NWP 27 (Stream and Wetland Restoration), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee; (9) For NWP 29 (Single-Family Housing), the PCN must also include: (i) Any past use of this NWP by the-Individual permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. Fur the purpose of this NWP, parcels of land measuring''/a-acre or less will not require a formal on-site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than'/nacre in size, formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (]0) For NWP 31 (Maintenance of Existing Flood Control Projects), the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five }'ear (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information identifying the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved Flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site; (11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures [o avoid and minimize adverse effects to aquatic resources; (12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization for losses of waters of the US were achieved on the project site; (]3) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be reyuired. For discharges that cause the loss of greater than 3001inear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US. This NWP does not authorize the relocation of greater than 300 linear-feet of existing serviceable drainage ditches constructed in non-tidal streams unless, for drainage ditches constmcted in intermittent non-tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that [he project complies with all terms and conditions of this NWP, and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively; (li) For N4VP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with state and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); (17) For activities that may adversely affect Federally-listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected b}' the proposed work or utilize the designated critical habitat that may be affected by the proposed work; and (IS) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (c) Forrn of Nofifitntion: The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of [he information required in (b) (1)-(18) of General Condition 13. A letter containing the requisite information may also be used. (d) District Engineer's Decision: [n reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to [he public interest. The prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process. The District Engineer will consider an}' proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic enivironment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to [he applicant. The response will state that the project can proceed under the terms and conditions of the NWP. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District Engineer will notify the applicant either: (1) that the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit; (2) that the project is authorized under the N WP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic enivironment, the activity will be authorized within the 45-dav PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District Engineer has approved a specific mitigation plan. (e) Agencq Coordination: The District Engineer will consider any comments from Federal and state agencies concerning the proposed activity%s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than 44-acre of waters of the US, [he District Engineer will provide immediately' (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site-specific comments. If so contacted by an agency, the District Engineer will wait an additional t5 calendar days before making a decision on [he notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. (f) Wetlnnd Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than'/a-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Conzyliance Cerhficnfion. Every permittee who has received NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. li. Use of Multiple Nntionu•ide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest spedfied acreage limit (e.g. if a road crossing over tidal waters is constructed under N WP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3- acre). 76. Wnter Suppfy intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. - 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. ]8. Suitable Materinl. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the CWA). 19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary [o offset adverse effects on the aquatic environment that are more than minimal. (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides aproject-specific waiver of this requirement. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. (d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example,'/~-acre of wetlands cannot be created to change a'/a-acre loss of wetlands' to a'/z-acre loss associated with NWP 39 verification. However, '/z-acre of created wetlands can be used to reduce the impacts of a'/z-acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with NWPs. (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concems. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water qualih' or habitat loss concems. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. (g) Compensatory mitigation proposals submitted with the "notification' may be either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. (h) Permittees may propose the use of mitigation banks, in-lieu fee arrangements or separate activity-specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. 20. Spnzvning Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Mnnngernent of Wafer Floors. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanentl}' restrict or impede the passage of normal or expected high Flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess Flows from the site, provide for maintaining surface Flow rates from the site similar [o preconstruction conditions, and provide for not increasing water Flows from [he project site, relocating water, or redirecting water Flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect wa[erflows. While appropriate measures must be taken, it is not necessary [o conduct detailed studies to identif}' such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 22. Adverse Effects Frorn Irnyoundrnents. If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its Flow' shall be minimized to the maximum extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredged or fill material. 23. Wnterfozol Breeding Arens. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migrator}' waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resmirce Waters. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and opporhrnity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7, 12, 14, 16, ]7, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activih~ within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US may be authorized by the above N WPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition. (b) For NWPs 3, 8, 10, 13, 15, ]8, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer maV authorize activities under these NWPs only after i[ is determined that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100-Yenr Floodplains. For purposes of this General Condition, 100-year Floodplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges in Floodphzin; Belozv Headzunters. Discharges of dredged or fill material into waters of the US within [he mapped 100-year floodplain, below headwaters (i.e. five cfs), resulting in permanent above-grade fills, are not authorized by N W Ps 39, 40, 42, 43, and 44. (b) Discharges in Floodtuny; Above Headzunfers. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above-grade fills, are not authorized b}' NWPs 39, 90, 42,.and 44. (c) The permittee must comply with any applicable FEMA-approved state or local floodplain management requirements. 27. Constructimz Period. For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12- monthsafter such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under contract to commence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a Corps approved completion date may be requested. This request must be submitted at least one month before the previously approved completion date. 3. Regional Conditions for the Los Angeles District in accordance with General Condition Number 6, "Regional and Case-by-Case Conditions;' the following Regional Conditions, as added by the Division Engineer, must be met in order for an authorization by any Nationwide to be valid: 1. For coastal watersheds from the southern reach of the Santa Monica Mountains in Los Angeles County to the San Luis Obispo County/Monterey County boundary, all road crossings must employ a bridge crossing design that ensures passage and/or spawning of steelhead (Oncorhynchus rnykiss) is not hindered in any way. In these areas, bridge designs that span the stream or river, including designs for pier- or pile-supported spans, or designs based on use of a bottomless arch culvert simulating the natural stream bed (i.e., substrate and streamflow conditions in the culvert are similar to undisturbed stream bed channel conditions) shall be employed unless it can be demonstrated the stream or river does not support resources conducive to the recovery of federally listed Anndromous salrnonids, including migration of adults and smolts, or rearing and spawning. This proposal also excludes approach embankments into the channel unless they are determined to have no detectable effect on steelhead. Z. For the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto; and Santa Rosa mountain ranges, and south of Little Lake, Inyo County), no nationwide permit, except Nationwide Permits 1 (Aids [o Navigation), 2 (Structures in Artificial Canals), 3 (Maintenance), 4 (Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities), 5 (Scientific Measurement Devices), 6 (Survey Activities), 9 (Structures in Fleeting and Anchorage Areas), 10 (Mooring Buoys), I1 (Temporary Reaeationa] Structures), 20 (Oil Spill Cleanup), 22 (Removal of Vessels), 27 (Stream and Wetland Restoration Activities), 30 (Moist Soil Management for Wildlife), 31 (Maintenance of Existing Flood Control Projects), 32 (Completed Enforcement Actions), 35 (Maintenance Dredging of Existing Basins), 37 (Emergency Watershed Protection and Rehabilitation), and 38 (Cleanup of Hazardous and Toxic Waste), or other nationwide or regional general permits that specifically authorize maintenance of previously authorized structures or fill, can be used to authorize the discharge of dredged or fill material into a jurisdictional special aquatic site as defined at 40 CFR Part 230.40-45 (sanctuaries and refuges, wetlands, mudflats, vegetated shallows, coral reefs, and riffle-and-pool complexes). 3. For all projects proposed for authorization by nationwide or regional general permits where prior notification to the District Engineer is required, applicants must provide color photographs or color photocopies of the project area taken from representative points doczzmented on a site map. Pre-project photographs and the site map would be provided with the permit application. Photographs should represent conditions typical or indicative of the resources before impacts. 4. Notification pursuant to general condition 13 shall be required for projects in all special aquatic sites as defined at 40 CFR Part 230.40-45 (sanctuaries and refuges, wetlands, mud Flats, vegetated shallows, coral reefs, and riffe-and-pool complexes), and in all perennial watercourses or waterbodies in the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo County), excluding the Colorado River from Dae•is Dam downstream to the north end of Topock and downstream of Imperial Dam. 5. Notification pursuant to general condition 13 shall be required for projects in all areas designated as Essential Fish Habitat by [he Pacific Fishery Management Council (i.e., all tidally inFluenced areas). 6. Notification pursuant to general condition 13 shall be required for projects in all watersheds in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south. 7. Individual permits shall be required for all jurisdictional vernal pools. 8. Individual permits shall be required in Murrieta Creek and Temecula Creek watersheds in Riverside County for new' permanent fills in perennial and intermittent watercourses otherwise authorized under NWPs 39, 42 and 43, and in ephemeral watercourses for these NWPs for projects that impact greater than 0.] acre. 9. Individual permits shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank stabilization projects, and in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures. 4. Further information: I. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: O Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). 2. Limits of this authorization. (a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. (b) This permit does not grant any property rights or exclusive privileges. (c) This permit does not authorize any injury to the property or rights of others. (d) This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: (a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (b) Damages to the permitted project or uses thereofas_a result of current or future activities undertaken by or on behalf of the United States in the public interest. (c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by [his permit. (d) Design or construction deficiencies associated with the permitted work. (e) Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: (a) You fail to comply with the terms and conditions of this permit. (b) The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). (c) Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued, revoked, or expires before that time. 7. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition H below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 8. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. CITY APPLICATION FOR PROJECT CERTIFICATION OF COMPLIANCE FROM CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD .``' California Regional Water Quality Control Board ~^/ Santa Ana Region 3737 Main Street. Suitc 500, Riverside, Calitomia 92501-33J8 Linda S. Adams Phone (951) 782-0130 • FAX (951) 781-6288 • TDD (951) 782-3221 Secretary for www.waterboards.ca.gov/santaana Environmenml Protection January 11, 2007 Michael Grubbs City of San Bernardino 300 North "D" Street 3`d Floor San Bernardino, CA 92418-0001 :ilia:: ~'~-~% ~,., Arnold Schwaranegger Governor CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION FOR STORM DRAIN OUTLET REPAIRS AT DEVIL'S CANYON BASIN, CITY OF SAN BERNARDINO (ACOE REFERENCE NO. 200600383 - WJC) Dear Mr. Grubbs: On October 30, 2006, we received an application for Clean Water Act Section 401 Water Quality Standards Certification (Certification) for proposed repairs to a storm drain outlet to Devil's Canyon Basin in the City of San Bernardino. This letter responds to your request for certification that the proposed project, described in your application and summarized below, will comply with State water quality standards outlined in the Water Quality Control Plan for the Santa Ana River Basin (1995) and subsequent Basin Plan amendments: Project Description: Replacement of a 215-foot long section of a storm drain pipe and outlet from Irvington Street to the Devil's Canyon Basin. The storm drain outlet was washed out during storm events in 2005 and its reconstruction will require excavation in the Basin. The project is located in Section 6 of Township 1 North, Range 4 West, of the U.S. Geological Survey San Bernardino, California, 7.5-minute topographic quadrangle map (34 deg. 12 min. 30 sec. N!117 deg. 22 min. 00 sec. N/). Receiving water: Devil's Canyon Basin. Fill area: 0.002 acres of permanent impact (10 linear feet total). Dredge/Fill volume: N/A Federal permit: U.S. Army Corps of Engineers Nationwide Permit No. 7. You have proposed to mitigate water quality impacts as described in your Certification application and subsequent submittals. The proposed mitigation is summarized below: Onsite Water Quality Standards Mitigation Proposed: California Environmental Protection Agency ~• Recycled Paper City of San Bernardino - 2 - January 11, 2007 • Pre-construction grade elevations will be maintained. • Site-specific best management practices (BMPs) will be implemented according to Regional Board Order No. R8-2002-0012, NPDES Permit No. CAS618036 (Order No. R8-2002-0012). Offsite Water Quality Standards Mitigation Proposed: • No off-site water quality standards mitigation is proposed. Should the proposed project impact state- orfederally-listed endangered species or their habitat, implementation of measures identified in consultation with U.S. Fish and Wildlife Service and the California Department of Fish and Game will ensure those impacts are mitigated to an acceptable level. Appropriate Best Management Practices will be implemented to reduce construction-related impacts to Waters of the State according to the requirements of Order No. R8-2002-0012, commonly known as the San Bernardino County Municipal Storm Water Permit. Order No. R8-2002-0012 requires that you substantially comply with the requirements of State Water Resources Control Board's General Permit for Storm Water Discharges Associated with Construction Activity, Water Quality Order 99-08 DWQ, including the preparation of a SWPPP. The project is subject to a Nationwide Permit from the U.S. Army Corps of Engineers in compliance with Section 404 of the Clean Water Act. You have applied for a Streambed Alteration Agreement with the California Department of Fish and Game. Pursuant to the California Environmental Quality Act (CEQA), San Bernardino County Flood Control District and the Executive Officer have determined that the project qualifies under a Class 1 Categorical Exemption, Guidelines Section 15301(c). This 401 Certification is contingent upon the execution of the following conditions: Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the following shall be included as conditions of all water quality certification actions: (a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section §13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter. (b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection §3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. California Environmental Protection Agency to • Recycled Paper City of San Bernardino - 3 - January 11, 2007 (c) Certification is conditioned upon total payment of any fee required under this Chapter and owed by the applicant. Although we anticipate no further regulatory involvement, if the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, we may formulate Waste Discharge Requirements. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. In response to a suspected violation of any condition of this certification, the Santa Ana Regional Water Quality Control Board (Regional Board) may require the holder of any permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring reports the Regional Board deems appropriate. The burden, including costs, of the reports shall be reasonable in relation to the need for the reports and the benefits to be obtained from the reports. In response to any violation of the conditions of this certification, the Regional Board may add to or modify the conditions of this certification as appropriate to ensure compliance. Pursuant to California Code of Regulations Section 3857, we will take no further action on your application. Please notify our office five (5) days before construction begins on this project. This letter constitutes a Water Quality Standards Certification issued pursuant to Clean Water Act Section 401. I hereby issue an order certifying that any discharge from the referenced project will comply with the applicable provisions of Sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ (Order No. 2003-0017-DWQ), "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received Water Quality Certification" which requires compliance with all conditions of this Water Quality Standards Certification. Order No. 200-0017-DWQ is available at www. swrcb. ca.gov/resd eGwgord ers/2003/woo/wgo2003-0017.odf California Environmental Protection Agency I?~.• Recycled Paper City of San Bernardino - 4 - January 11, 2007 Should there be any questions, please contact Adam Fischer at (951) 320-6363, or Mark Adelson at (951) 782-3234. Sincerely, ?7 ~/~ fY"lG~ ~ ~ ~ GERARD J. THIBEAULT Executive Officer cc: U. S. Army Corps of Engineers, Los Angeles Office -Jae Chung State Water Resources Control Board, OCC -Erik Spiess State Water Resources Control Board, DWO-Water Quality Certification Unit - Nancy Dagle California Department of Fish and Game, Ontario Office -Jeff Brandt U.S. EPA, Supervisor of the Wetlands Regulatory Office WTR- 8 -Tim Vendlinski APF:401/certifications/irvington st storm drain 362006-44 California Environmental Protection Agency • Recycled Paper CITY APPLICATION FOR PROJECT CERTIFICATION OF COMPLIANCE FROM CALIFORNIA DEPARTMENT OF FISH AND GAME STATE OF CALIFORNIA- THE RESOURCES AGENCY AmoIE Sclnra2enegger, Governor DEPARTMENT OF FISH AND GAME htto:llwww. dfa. ca. qov Eastern Sierra-Inland Deserts Region 3602 Inland Empire Blvd., Suite C-220 Ontario, CA 91764 Phone (909) 484-0459 Fax (909) 481-2945 Michael W. Grubbs City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 January 15, 2007 Re: Notification of Lake or Streambed Alteration Notification No. 1600-2006-0242-R6 Irvington Avenue Storm Drain at Devil Canyon Basin, San Bernardino County Dear Mr. Grubbs: The Department had until January 14, 2007 to submit a draft Lake or Streambed Alteration Agreement to you or inform you that an agreement is not required. Due to staffing constraints, the Department was unable to meet that date. As a result, by law, you may now complete the project described in your notification without an agreement. In doing so, however, the project must be the same one and conducted in the same manner as described in the notification. That includes completing the project within the proposed term and seasonal work period and implementing all mitigation and avoidance measures to protect fish and wildlife resources specified in the notification. (Fish and Game Code section 1602(a)(4)(D).) If your project differs from the one described in the notification, you may be in violation of Fish and Game Code section 1602. Also, even though you are entitled to complete the project without an agreement, you are still responsible for complying with all other applicable local, state, and federal laws, including, for example, the state and federal Endangered Species Acts and Fish and Game Code sections 5650 (water pollution) and 5901 (fish passage). Finally, you must have a copy of this letter and your notification with all attachments available at all times at the work site. If you have any questions regarding this matter, please contact Jeff Brandt at the above address or telephone number. -.-- .c_\ __` - a az . _ .: J r dt ron ental Scientist a itat nservation Planning, Region 6 ~ `~ November 13. 2006 File No. 4.7713 Department of Fish R Game Reeion 6' 1600 Permit 466 Lantpson Avenue, Suite J Los Alamitos. CA 90720 DEVELOPMENT SERVICES DEPARTMENT 300 North "D" Sueet • San Bernadino • CA 92418-0001 Planning & Building 909.384.5057 • Fax: 909.384.5080 Public Works/Engineering 909.384.5111 • Fax: 909.384.5155 www.sbci[y.org Re: Application for Streambed Alteration Agreement -Irvington Street Storm Drain Replacement Gentlemen: The City of San Bernardino has completed a design plan to replace an existing 24-inch RCP storm drain from the end of Irvington Avenue to Devil Canyon Basin. These sections of stoml drain pipe and a headwall were washed during heavy storms in 2005. Enclosed for your review and approval are the following: l . 4 check in the amount of 5750.00; 2. \otification of Lake or Streambed Alteration -Form FG2023; 3. "Bird's eye view of Project Site". (Note: Aerial Photo Date Approx. Mid-1990's); 4. Notiheation of Categorical Exemption, and 5. One set of Improvement Plans (Drawing No. 11591, Sheets 1 and 2 of 2). If you have any questions or need additional information, please feel free [o call me at (909) 384-5179. Thank you for your assistance in [his matter. _ _ _ Sincerely, ~T .u . ~ ru .. r F " MICHAEL W. GRUBBS •a ; ; . Poeuq~ s ~ - Engineering Manager; Field Engineer ru 1 ' ~ ~ p CBNfied Fes r +~ ~ .`• • ~ + ' p Rehm Receipt Fee ~ ~; .P (Endoreemam Required) • . "-~ 5 E ' l ' ~ 0 Reealchd DepwryFes (EntloreomeM Rsqulrad) ~ ~ ~: ~ ~_ ~..v • J \ Ill o ~ 111 l S ~ Totel Po -n DEPARTMENT OF FISH & GAME °o Mr ` REGION 6 1600 PERMIT t` Po~r~ 4665 LAMPSON AVE SUITE J • • • ciy,3ffiis LOS ALAMITOS CA 90720 -•••- •..'~ Cw. STATE OF CALIFORNIA ~~ ~•: `~' DEPARTMENT OF FISH AND GAME _~; NOTIFICATION OF LAKE OR STREAMBED ALTERATION catiFOp~l° .:omplete EACH field, unless otherwise indicated, following the enclosed instructions and submk ALL required enclosures. Attach additional pages, 'rf necessary. .APPLICANT PROPOSING PROJECT Name ~ Michael W. Grubbs. P.E.. Engineering Manager/Field Engineer i Business/Aaencv I City of San Bernardino I Street Address ~ 300 N. "D" Street City, State, Zip San Bernardino. CA 92418 Telephone (9091384-5179 iFax (909)384-5573 Email I grubbs_mi@sbcity. org 2. CONTACT PERSON (Complete only if drffe2nt from applicant) Vame Street Address amity, State, Zip Telephone :mail 3. PROPERTY OWNER (Complete only if different from applicant) Fax Jame San Bernardino County Department of Transportation and Flood Control Street Address 825 E. Third Street ;ity, State, Zip San Bernardino. CA 92418 Telephone (909) 387-7995 I Fax (909) 387-8043 :mail e PROJECT NAME ANI ~. Project Name TERM IRVINGTON AVENUE STORM DRAIN AT DEVIL cANVnN aASw ~'{. Agreement Tenn Requested ®Regular (5 years or less) ^ Long-term (greater than 5 years) C. Project Term D. Seasonal Work Period E. Number of Work Days leginning (year) Ending (year) Start Date (montfdday) End Date (month/day) I 2007 2007 02/01 04/30 60.00 i. AGREEMENT TYPE ~ Check the applicable box. If box B, C, D, or E is checked, complete the specified attachment. ' A. ~ ®Standard (Most construction projects, exGuding the categories listed bebw) I I B. ^GraveUSand/Rock Extraction (Attachment A) Mine I.D. Number. C. ~ ^ Timber Harvesting (Attachment B) THP Number. D. ~ ^ Water DiversioNExtractioNlmpoundment (Attachment C) SWRCB Number. E. ~ ^ Routine Maintenance (Attachment D) F. ~ ^ DFG Fisheries Restoration Grant Program (FRGP) FRGP Contract Number. G. ~ ^ Master H- ^MasterTimberHarvesting i. FEES I Please see the current fee schedule to determine the appropriate notification fee. Itemize each project's estimated cost and corresponding fee. Note: The Department may not process this notification until the correct fee has been received. I ~ A. Protect B. Project Cost C. Project Fee ~ ' 1 ~ IRVINGTON AVENUE STORM DRAIN AT DEVIL CANYON BASIN $40,000.00 $750.00`. 2 3 ~ ~ 4 ~ 5 D. Base Fee if a licab/e ~ I E. TOTAL FEE ENCLOSED $750.00 .. PRIOR NOTIFICATION OR ORDER ' A. Has a notification previously been submitted to, or a Lake or SVeambed Alteration Agreement previously been issued by, the Department for the project described in this notification? I ^Yes (Provide the information below) ®No Applicant: Notification Number. Date: B. Is this notfication being submitted in response to an order, notice, or other directive ("order) by a court or administrative agency (including the Department)? ®No ^Yes (Enclose a copy of the order, notice, or other directive. If the directive is not in writing, identify the person who directed the applicant to submit this notification and the agency he or she represents, and describe the circumstances relating to the order. ) ® Continued on additional page(s) , 8. PROJECT LOCATION I A. Address or description of project location. (Indude a map that marks the location of the project with a re/erence to the nearest city or town, and provide driving I directions from a major road or highway) I IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO. AT THE EASTERLY TERMINUS OF IRVINGTON ' AVENUE EAST OF PINE AVENUE. APPROXIMATELY ONE MILE SOUTHEASTERLY OF PALM AVENUE I INTERCHANGE AT I-215 FREEWAY. SEE ATTACHED PLAN FOR DETAILED MAP. ^ Continued on additions! page(s) ~ B. River, stream, orlake affected by the project. (DEVIL CANYON BASIN C. What water body is the river, stream, orlake tributary to? DEVIL CANYON BASIN D. Is the river or stream segment affected by the project listed in the state or federal Wild and Scenic Rivers Acts? ~ ^Yes ®No ^ Unknown E. County (SAN BERNARDINO F. USGS 7.5 Minute Quad Map Name G. Township H. Range 1. Section J. Y. Section SAN BERNARDINO NORTH QUADRANGLE 1N 4W ~ i ^ Continued on additional page(s) K. Meridian (check one) I ^Humboldt ^Mt. Diablo ~ ~ San Bernardino ~ L. Assessor's Parcel Number(s) ViA ~ ^ Continued on additional Page(s) M. Coordinates ((/available, provide at least IatRude/longdude or U7M coordinates and check appropriate boxes) Latitude: 34 11 00 ~ Longitude: 117 20 30 I LatitudelLongitude rees/Minutes/Seconds 1 ® Deg ^ Decimal Degrees ^ Decimal Minutes UTM Easting: Northing: ~ ^Zone 10 ^Zone 11 I Datum used for Latitude/Longitude or UTM ^ NAD 27 ^ NAD 83 or WGS 84 r . PROJECT CATEGORY AND WORK TYPE (Check each box that applies) PROJECT CATEGORY NEW CONSTRUCTION ~ REPLACE ~ EXISTING STRUCTURE I REPAIR/MAINTAIN ~ EXISTING STRUCTURE i i Bank stabilization - bioengineering/recontouring ~ ~ ~ Bank stabilization -rip-rap/retaining walVgabion ~ ~ ~ j Boat dock/pier ~ ~ ~ Boat ramp ~ ~ ~ j Bridge ~ ~ ~ Channel clearing/vegetation management ~ ~ ~ 'Culvert ~ ~ ~ j Debris basin ~ ~ ~ Dam j Diversion structure -weir or pump intake Filling of wetland, river, stream, or lake ' Geotechnical survey ~ Habitat enhancement - revegetatioNmitigation Levee j Low water crossing Road/trail I Sediment removal -pond, stream, ar marina i Sronn drain outfall stnrcture Temporary stream crossing j Utility crossing : Horizontal Directional Drilling Jack/bore ~ Open Vench Other (specify): ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ ^ ^ ~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ o ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 'G2023 Page 4 of 9 Rev. 7/06 0. PROJECT DESCRIPTION A. Describe the project in detail. Photographs of the project location and immediate surrounding area should be inducted- - Include any structures (e.g., rip-rap, culverts, or channel Gearing) that wilt be placed, built, or completed in or near the stream, river, or lake. - Spedfy the type and volume of materials that will be used. - If water will be diverted or drafted, specify the purpose or use. Enclose diagrams, drawings, plans, and/or maps that provide all of the following: site specific construction details; the dimensions of each structure and/or extent of each activity in the bed, channel, bank or floodplain; an overview of the entire project area (i.e., 'bird's-eye view') showing the bcation of each sWcture and/or activity, significant area features, and where the equipmenUmachinery will enter and exit the project area. "lvington Storm Drain is located at the easterly terminus (cul-de-sacl of Irvington Avenue at Devil Canyon Basin. The storm 'rain receives drainage from a number of subdivisions to the north and west. A catch basin exists at the end of the I ~ cul-de-sac. The catch basin and drainage pipe was installed in the late 1980's as part of development of the adjacent tracts ~ =nd was turned over to the City for operation and maintenance. I Approximately 210 linear feet of 24" RCP washed out the storms of 2005 and is proposed to be replaced as part of this I project. A headwall and splash pad on the inside of the levee also washed out in the same storm and is proposed to be placed in kind. I Please see the attached "bird's eve view" of the site for details ^ Cor~rwed an the equipment and machinery that wifl be teed to complete the ! Backhoe and a small crane will be used to install the 24" RCP. Backfilling and compacting may be done with a loader or milar equipment. Concrete will be delivered to the site to construct the headwall and splash pad. ^ Con6irrued on addtionei r. r - i D. Will water be present during the proposed work period (spedfied in box 4.D) in the stream, river, or lake (spedfied in box B.B). ~ ^Yes ®No (Skip to box 11) Will the proposed project require work in the wetted portion of the channel? ^Yes (EnGose a plan to divert water around work site) f 2023 Page 5 of 9 Rev. 7f06 1. PROJECT IMPACTS I A. Describe impacts to the bed, channel, and bank of the river, stream, or lake, and the assoaated riparian habitat. ~ I Speafy the dimensions of the modifications in length (linear feet) and area (square feet or acres) and the type and I volume of material (cubic yards) that will be moved, displaced, or otherwise disturbed, if applicable. I The proposed work area was washed out in the storm of 2005 and should be considered completely disturbed. The San ' 9ernardino County Flood Control District, using heavy equipment backfilled the washed out area and restored the levee 3nder emergency conditions. It is anticipated that native vegetation. which has returned to the area, will be disturbed. An I area of disturbance of vegetation of approximately 25 feet wide by 100 feet long is anticipated. Continued on eddltlonal B. Will the project affect any vegetation? ~ ®Yes (Complete the tables below) ^ No V elation T Tem ra Im act Permanent Im act Native scrub Linear feet: 100 Total area: 2500 SF Linear feet: Total area: Linear feet: Total area: Linear feet: Total area: I Tree S es Number of Trees to be Removed Trunk Diameter ran e None Continued on additional C. Are any special status animal or plant species, or habitat that could support such species, known to be present on or I near the project site? ^Yes (list each species and/or describe the habitat below) ®No ^ Unknown Continued on additlarel ~ D. Identify fhe source(s) of information that supports a °yes` or `no° answer above in Box 11.C. rlContinued on additional _. Has a biological study been completed for the project site? ^Yes (Endow fhe biological study) ®No Note: A ~. Has a Went or study maybe required to evaluate poU been completed for the project or project site? ^Yes (Endow the hydrological study) ®No Note: A hydrological study or other informaton on site hydraulics (e.g., flows, channel characteristics, and/or flood recurrence intervals) maybe required to evaluate potential project impacts on hydrology. 32023 Page 6 of 9 Rev. 7/08 12. MEASURES TO PROTECT FISH, WILDIFE, AND PLANT RESOURCES A. Describe the techniques that will be used to prevent sediment from entering watercourses during and after construction. The contractor will be required to use Best Management Practices (BMP) when working in and around the watercourse. These measures will construct of erosion control measures. such as sand bags to prevent erosion, dust control, stabilized haul routes, etc. The contractor will be required to dispose of waste construction material at a proper disposal facility away from the project site. I After construction the disturbed area will be restored to its condition prior to start of construction. additlonal B. Describe project avoidance and/or minimization measures to protect fish, wildlife, and plant resources. I I The contractor's work area will be confined to an area of approximately 25' wide by 210' long. The work area will be marked by caution tape and the contractor's workmen will be cautioned to do no work outside that area. ^ Continued on additional ~ C. Describe any project mitigation and/or compensation measures to protect fish, wildlife, and plant resources. The purpose of this project is to repair a storm drain which washed out in a major storm. The area of the washout was ~ backfilled and emergency repairs were made to the levee by the flood control district in 2005. The native vegetation is quRe Hardy and is capable of self-restoration. Therefore. no mitigations are necessary and none are proposed. ~ ^ Continued on add~orrstpepepl 3. PERMITS ~ List any local, state, and federal permits required for the project and check the corresponding box(es). Encbse a copy d I each permit that has been issued. ~ ~ A. San Bernardino County Flood Control District ^Applied ®Issued I B. U. S. Army Corps of Engineers ®Applied ^ISSUed i 1 C. Department of Water Resources. Santa Ana Region ®Applied ^Issued j D. Unknown whether ^local, ^state, or ^ federal permit is needed for the project. (Check each box that applies) ^ Continued on additional page(s) 32023 Page 7 of 9 Rev. 7t06 14. ENVIRONMENTAL REVIEW A. Has a draft or final document been prepared for the project pursuant to the California Environmental Quality Ad (CEQA), ~ National Environmental Protection Act (NEPA), California Endangered Spaces Ad (CESA) and/or federal Endangered Species Act (ESA)? ®Yes (Check the box for each CEQA, NEPA, CESA, and ESA document that has been prepared and enGose a copy o/each) ^ No (Check the box for each CEQA, NEPA, CESA, and ESA document listed bebw that will be or is being prepared) ®Notice of Exemption ^ Mitigated Negative DeGaration ^NEPA document (type) ^ Initial Study ^Environmental Impact Report ^CESA document (type): ^ Negative Declaration ^ Notice of Determination (Enclose) ^ ESA document (type): ^ THP/ NTMP ^ Mitigation, Monitoring, Reporting Plan B. State Clearinghouse Number (i/ applicable) C. Has a CEQA lead agency been determined? ~ ®Yes (Complete boxes D, E, and ~ ^No (Skip to box 14.G) D. CEQA Lead Agency ~ City of San Bernardino E. Contact Person ~ Michael W. Grubbs I F. Telephone Number ~ (909) 384-5179 I G. If the project described in this notification is part of a larger project or plan, briefly describe that larger project or plan. NIA _ ^ Continued on additions/ psps(s) ~ H. Has an environmental filing fee (Fish and Game Code section 711.4) been paid? ^ Yes (Enclose proo/ of payment) ®No (Briefly explain below the reason a filing fee has not been pakQ I Note: If a filing fee is required, the Department may not finalize a Lake or Streambed Alteration Agreement until the Kling Ibe is paid. , 5. SITE INSPECTION Check one box only. ^ In the event the Department determiner that a site inspection is necessary, I hereby authorize a Department representative to enter the property where the project described in this notifipGon will take place at any reasonable time, and hereby certify that 1 am authorized to grant the Department such entry. ®I request the Department to first contact (insert name) Michael W. Grubbs at (insert telephone number) (9091 384-5179 to schedule a date and time to enter the property where the project described in this notification will take place. I understand that this may delay the Department's determination as to whether a Lake or Streambed Alteration Agreement is required and/or the Department's issuance of a draft agreement pursuant to this notification. 16. DIGITAL FORMAT Is any of the information included as part of the notification available in digital format (i.e., CD, DVD, etc.)? ~ ^Yes (Please enclose the information via digital media with the completed notification form) ®No 17. SIGNATURE I hereby certify that to the best of my knowledge the information in this notification is true and correct and that I am authorized to sign this notification as, or on behalf of, the applicant. I understand that if any information in this notification is found to be untrue or incorect, the Department may suspend processing this notification or suspend or revoke any draft or final Lake or SVeambed Alteration Agreement issued pursuant to this notification. 1 understand also that if any information in this notfication is found to be untrue or incorect and the project described in this notification has already begun, /and/or the applicant may be subject to civil or criminal prosecution. I understand that this not cation applies only to the project(s) described herein and that /and/or the applicant may be subject to civil or criminal prosecution for undertaking any project not described herein unless the Department has been separately notified of that project in accordance wfth Fish and Game Code section 1602 or 1611. Signature of Applignt or Applipnt's Authorized Michael W Grubbs. P. E.. Engineering Manager/Field Engineer Print Name 11/13/06 Date ;2023 Page 9 of 9 Rev. 7/06 CITY PERMIT INFORMATION SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT Inspection Phone: (909)387-8075 San Bernardino County Flood Control District E25 East Third Street, Room 108 San Bernardino, CA 92415-0835 (909) 387-7995 - 1=Ax (909) 387-8043 PERMIT '~ j=J -. Permit Issued: Permit Expires: File: 2-301/2.04 Permit No: P-22005125 Permittee: City of San Bernardino Filing Fee: NO FEE 300 North "D" Street, 3rtl Floor Inspection Fee: 550.00 San Bernardino, CA 92418-0001 (:Nonrefundable) TOTAL: $550.00 ContacUPhone: Michael W. Grubbs (909) 384-5179 Engineering Manager/Field Engineer Permit Activity: Install, operate and maintain a 24-inch RCP storm drain, headwall and rip-rap splash pad to replace existing damaged pipe Facility: Devil Creek Location: Irvington Avenue City/Community: City of San Bernardino 1. The proposed permit activity shall be in accordance with the Plans (Exhibit "A"), and the Standard and General Provisions, all of which are attached and made a part of this permit. 2. AT LEAST 48 HOURS NOTICE SHALL BE GIVEN TO THE DISTRICT BEFORE STARTING ANY WORK UNDER THIS PERMIT. Contact the District's inspector at (909) 387-8015; failure of notification is cause for revocation of this permit. 3. This permit, or a certified copy thereof, shall be kept at the job site throughout the period of operations within District right-of-way and shall be shown to any District Representative or any law enforcement officer upon demand. Exercise of this permit shall indicate acceptance of and agreement to comply with all provisions included herein. Violation of any provision shall be cause for immediate revocation of permit. PERMITTEE'S ACCEPTANCE: Signature by the Permittee or Permittee s Authorized Agem of this Permit shalt indicate acceplanre of all of the provisrons of the permit. 1 tlL<CtC ~-L ~7 Pertnittee's ignature Date rlnE ~`j'i'~ G~~~.fce /Lrr;' L~iGr;J~z4'. cc: Fish and Game FG Operations Supt Inspector DISTRICT APPROVAL: PATRICK J. MEAD Date Flood Control Engineer Page 1 of 6 STANDARD PROVISIONS 1. The term of this permit is for one year. The District will coordinate an extension(s) to the permit term upon receipt of a completed Flood Control Permit Amendment Application at least thirty days prior to the expiration date. 2. No revisions to the approved plans shall be made during construction without review, written approval and/or permit amendment from the District. 3. No floatable materials or stockpiling shall be maintained within District right-of-way, and equipment shall be kept out of District right-of-way except when in use during working hours. 4. The existing access gates shall be locked after hours and on weekends by interlocking Permittee's lock with the District's lock to allow District access. 5. The proposed activity within District right-of-way shall be in compliance with all City ordinances for noise and operating hours. 6. All existing asphalt or concrete surfacing removed for the installation of the 24-inch RCP, headwall and rip-rap splash pad shall be sawcut at the removal limits. Any settlement in the future shall be maintained by the Permittee. 7. Backfill in all areas having flood control facilities shall be similar to the existing material and shall not contain organic material, broken concrete or pavement, or other material unsuitable for compaction. All backfill shall be compacted to at least ninety percent (90%) relative density as determined by ASTM test Method D-1557, Method C and certified evidence thereof submitted. Compaction tests shall be performed at locations specified and to the satisfaction of the District. 8. All construction and material testing for facilities constructed within District right-of- way will be performed by the Permittee and/or Permittee's authorized agent and certified evidence thereof shall be furnished to the District at the Permittee's expense. 9. The Permittee will submit "Record Drawings" at the time of the final inspection. 10. No more than one-third (1/3) of any flood control facility may be obstructed during the period October 15 to April 15, nor more than two-thirds (2/3) of any facility may be obstructed during the remaining period. The term "obstruction" shall include all temporary or permanent structures, falsework, excavated material, and equipment connected with the construction. For the purpose of computing the area of an obstruction, dimensions shall be taken normal to the channel flow of the actual physical outline of the obstruction. 11. All structural concrete shall be 660-A-4000 in all inverts and 660-8-4000 for all walls. All concrete shall conform to Section 201-1 of the Standard Specification for Public Works Construction, latest edition, unless otherwise specified in this permit. Page 2 of 6 0-CiryofSBpermit1127 OS 12. Concrete for rock inlet and outlet structures, bottom controls, splash pad and other proposed structures shall be 560-B or C-3250. All concrete shall conform to Section 201-1 of the Standard Specification for Public Works Construction, latest edition, unless otherwise specified in this permit. 13. Concrete mix designs shall be submitted to the District for review and approval at least 72 hours prior to concrete placement within District right-of-way. 14. All reinforcing steel shall conform to the requirements of ASTM A-615 and shall be Grade 60. 15. The 24-inch RCP shall be adequately marked with above ground markers per District's S.P. 204, attached herewith as Exhibit "B", at intervals determined in the field by the District. GENERAL PROVISIONS 1. Exercise of this permit, by Permittee or Permittee's authorized agent, shall indicate acceptance of all of the provisions of this permit. Permittee shall make all contractors doing work on this project familiar with all of the requirements of this permit. Violation of any provisions of this permit shall be cause for immediate revocation of the permit. 2. INSURANCE -This permit shall not become valid until the Certificate of Insurance has been completed by your contractor's insurance company and approved by the Flood Control District. If the permit activity is to be completed by Permittee's forces, the Certificate of Insurance shall be completed by Permittee's insurance company and approved by the Flood Control District. 3. The Permittee shall indemnify and hold the District and all officers, employees and agents of said public body free and harmless from any and every claim, demand or action for damages, or injury to any person or persons or property of any kind whatsoever, and any cost or expense in connection therewith, and agrees to defend the Flood Control District, the County of San Bernardino, and all officers, employees and agents of said public body against any claims or demands which may arise out of or result from Permittee's construction, operation, use or activities on District right-of-way. 4. A copy of this permit will be sent to the State Department of Fish and Game, who may require a permit for this type of activity. It is the responsibility of the Permittee to obtain any required permits and approvals prior to starting any activity authorized in the permit. State Department of Fish and Game may be contacted at the address below. Department of Fish and Game Region 6, Environmental Services 4665 Lampson Avenue, Suite J Los Alamitos, CA 90720 (562)430-7212 A completely executed copy of the State Department of Fish and Game permit shall be kept at the permit site at all times while work is being performed. Permittee shall make all contractors doing work on this project familiar with all of the requirements of the State Department of Fish and Game permit. 5. Prior to beginning any activity authorized in this permit, the Permittee and/or Permittee's authorized agent, shall notify Underground Service Alert (USA) at 1-800-422133 at least 48 hours in advance to coordinate the permit activity on District right-of-way. 6. In accepting this permit, the Permittee agrees to replace any existing improvements which may include but not be limited to access road pavement, irrigation pipelines, chain link fencing and landscaping with acceptable products, installed to size, line and grade as the existing products removed and as approved by the District. Page 3 of 6 O-CityofSBpermiti 12105 7. Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, the entire cost of removal and replacement, including the cost of all materials used in the work thus removed, shall be borne by the Permittee, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the District, shall upon order of the District, be uncovered to the extent required, and the Permittee shall bear the entire cost of performing all the work and furnishing all the equipment and materials necessary for the removal and subsequent replacement of the covering, as directed by the District. 8. Should installation or maintenance activities be required during the period October 15 to April 15, work shall be undertaken within a 5-day clear weather forecast. Permittee shall maintain and provide for a flood watch when storm conditions threaten, and have personnel and equipment available on a 24-hour schedule and provide the District with the names and after-hours phone numbers of responsible supervisory personnel. 9. Any survey monuments which will be disturbed or destroyed shall be located, referenced and a corner record filed with the County Surveyor prior to the start of construction. The monuments shall be reset in a surface of the new construction, with a suitable monument box placed thereon, or set with permanent witness monuments. A corner record shall be filed with the County Surveyor for reset of monuments and evidence submitted prior to finalizing the permit. All work shall be performed under the direction of a licensed land surveyor or registered civil engineer at the expense of the Permittee. 10. Access to the District's levees, channels and patrol roads shall remain open and free to vehicular traffic at all times. Alternate access to the facilities shall be provided when existing access is severed or impaired. Permittee must prevent the public or unauthorized persons from entering the construction area or the District's right-of-way. 11. The Permittee shall pertorm, at Permittee's own expense, all construction surveying and engineering necessary to control construction to limits defined in the Plans and Exhibit "A". The construction surveying and engineering will be performed to the District's satisfaction. 12. Permittee shall, at all times, exercise proper dust control and dust abatement. 13. At any time during the life of this permit, the District may revise, modify or add provisions to this permit as may be required to meet the flood control, water conservation and safety responsibilities of the District. 14. The location of any temporary construction roadways or ramps which the Permittee may wish to build within District right-of-way shall be subject to the approval of the District. Roads shall be constructed so as to wash out during any appreciable flows. 15. This permit is valid only to the extent of the Flood Control District's jurisdiction. Permits or other approvals required by other cognizant agencies or underlying fee owners of District easement lands shall be the responsibility of the Permittee. Nothing contained in this permit shall be construed as a relinquishment of any rights now held by the Flood Control District. 16. If the Permittee should refuse or neglect to comply with the provisions of the permit, or the orders of the District, the District may have such provisions or orders carried out by others at the expense of the Permittee. 17. If the Permittee fails to comply with any obligation contained herein, Permittee shall be liable to the District for any administrative expenses and attorney's fees incurred in obtaining compliance with this permit and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. 18. No part of the activities authorized under this permit shall be accepted in phases. All work within District right-of-way must be completed prior to District acceptance of improvements within District right-of-way. Page 4 of 6 O-C ityofSBperm it 17 2105 19. At the completion of the construction activities, the area shall be cleaned, graded and dressed to the satisfaction of the District. A joint inspection (Permittee/District) shall be made to determine if the work has been completed in accordance with permit requirements. 20. This permit is valid only for the purpose specified herein. All proposed changes shall be submitted, in writing, for District review and approval. 21. Activities under this Permit are subject to any instructions of the Flood Control Engineer or his representative. ALL INSTRUCTIONS MUST BE STRICTLY OBSERVED. 22. District activities shall take precedence at all times and, when any work or activity must be performed to carry out the functions and purposes of the District, Permittee must allow same to be done without interference. 23. Any damage caused to District facilities or structures by reason of the exercise of the Permit shall be repaired at the cost of the Permittee to the satisfaction of the District. Permittee will be billed for the actual cost to the District should Permittee neglect to make such repairs promptly. 24. Any District right-of-way monuments that are removed, disturbed, or destroyed as a result of activity under permit will be replaced by the District. Permittee will be billed and agrees to immediately pay all costs of such replacement. 25. Unless otherwise specified herein, this permit is subject to all prior permits, agreements, easements, privileges or other rights, whether recorded or unrecorded, in the area specified in this permit. Permittee shall make his own arrangements with holders of such prior rights. 26. The permitted activities shall be in accordance with: a. The San Bernardino County Department of Public Works, Transportation and Flood Control Standard Specifications, available at the Department of Public Works, 825 E. Third Street, San Bernardino, California; and b. all applicable provisions of the "Construction and Safety Orders" issued by the State Division of Industrial Safety and "Manual of Accident Prevention in Construction" issued by the Associated General Contractors, Inc. 27. All work associated with the activities authorized under this permit shall conform with all Cal-OSHA requirements. Prior to any shoring activity, the Permittee or Permittee's authorized agent shall submit shoring plans, signed and approved by a registered engineer, and copies of required permits. 28. It shall be the responsibility of the Permittee and/or the Permittee's authorized agent to insure that all personnel performing work authorized under this permit are adequately trained and have appropriate safety gear and equipment before entering any confined space. 29. The Permittee shall comply with the District's Stormwater Ordinance 3588 and all applicable National Pollutant Discharge Elimination System (NPDES) requirements to reduce or eliminate pollution of stormwater discharges into waters of the United States. In this regard, the Permittee shall utilize best management practices in the operation and storage of equipment, machinery, fuels, etc., to prevent any pollutants from being discharged into any storm drain and/or channel systems. In addition, pollutants (including sediment) generated as a result of the activity authorized by this permit shall not be discharged into the drainage system. 30. Should future activities of the Corps of Engineers and/or the District so require, the Permittee shall, at Permittee's expense, relocate all or any part of the subject works as so required. 31. The District will consider time extensions to the permit upon receipt of a written request from the Permittee thirty (30) days prior to expiration. 32. The area disturbed by permitted activities shall be kept to minimum and shall be limited to that area actually being worked. Page 5 of 6 O-Cityof S Bpermit 112105 33. No nuisance shall be allowed on any of the premises and the Permittee shall exercise diligence in precluding any dumping operations in the area by patrolling or installing barriers to deter unauthorized access when the premises are not supervised. 34. Any unauthorized structure or portions thereof placed on District right-of-way or which affect District structures, must be removed by Permittee without cost to the District. 35. Violation of any provision contained therein, without written consent of the District, shall be cause for immediate revocation of this permit after written notice to the Permittee of any violation not remedied within thirty (30) days following said written notice. 36. Upon cancellation or revocation of this permit, for any cause whatsoever, Permittee shall immediately cease all activities authorized hereunder, shall restore District right-of-way, structures and facilities to the satisfaction of the District, and shall vacate the District's premises. Should Permittee neglect to restore the premises, structures and facilities to a condition satisfactory to the District, the District will perform such work and Permittee agrees to reimburse the District for all actual costs of work performed. 37. If the permit term is extended, an annual inspection fee shall be due each year on the anniversary date of the permit. The annual inspection fee shall be based on the District's current Schedule of Fees Ordinance in effect on the anniversary date of the permit. 38. It is expressly understood that the area involved under this permit is subject to inundation from storm, flood andlor conservation flows at any time, and that the District shall not, in any way, be obligated to afford protection against said flows, or to assume any cost for damages. The District reserves the right to divert any storm or flood flows upon any land under this permit any time, and no diversion of such shall be made by the Permittee without the consent of the District. 39. All concrete shall conform to Section 201-1 of the Standard Specification for Public Works Construction, latest edition, unless otherwise specified in this permit. Curing compound shall conform to the provisions of Section 2D1-4.1 of the Standard Specifications for Public Works Construction, latest edition, Type 1-clear or translucent with red fugitive dye. 40. If applicable, the Permittee shall provide a wheel shaker or other approved device at the entrance of the job site to minimize debris track out on public streets. 41. The Permittee shall comply with all provisions of Rule 403-Fugitive Dust of South Coast Air Quality Management District. Rev. 0105 Page 6 of 6 O-CityofSBpermip 12106 STANDARD DRAWINGS CITY OP E?~ISTINQ SAN ~BtZIJAtz,Dtt+iO $T?-NDI~Qa TOPO~QAPHY SYMbOfs ~--•- est-.tTS¢ ttNe -Ear---- CITY LWIT6 f7~~"~ at Cl-+7 oR WAY 61Ne -S S- fxtGTtN4 SCwf¢ -SCI--W- CXtOrtHG w.-Ttt2 LtNL -lS'CONi-O - CXtSTtNG STO~.A DOrIM - 2"M Ot- fxtSTING GJV3 LINE T -- -IL'LD.CONE,--Iii- -? w t - F. -_ Nup'GO. 7fL. CowDUtT fYt9T. ta¢tc..Ytou {.{Ns u-.tD'4a. tLfc'TRtC t:ONp- " STti,EET LI({wTING ~ TRAFl~1C 3K71NAt, .. FttZB .-LAQM - _t5-LO PCG_ _ .. CuLVE¢T -II- -~ ~~- eoAtxv fe~+ee -0-~ ~----h- J ~' - ~r --- wr-'--'v..yr. . ,~. ~ JL. ~ - JL a°tzofv wtae reNCl. woveU wtae F4NC6 a:C. 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D = DI+ or p2 whichever i6 grea••er. 3- For pipe larger khan 66"o Special collar detail ig recd. tt, For pipe 5~;~ not listed use nez} 5~3e lorger 5 O~Y1+~r~'~n~o rCln90n pipes :4-"and Less ~n d+O m~~Cr Un.~ on cll Pi Pes wF~era angle A ~s I~ss than 10' G, N~F.are rair.forcing r~s required {i,e diam~8etr of tl+e circulor ~iGS 4ha11 bG ~t(2x Wnll Fhic ISn G55~+8° z M/hen al is e9un1 }o or Ic55 than D2~ join in+ierfs and when DI is ~rent-er than fl2 ;oin So ffitS. 8, pipe may be. corru gated metal pipe+concrel-e pi po, or reinforced concrete pipe. 2 Ft 7~1i J i N I I New arEx~'s ~ Pipe I I G ~ I I H 1~4 @ 12"~ t~4Ga12" 113:5 Concrete F.tix ti I / l Nei, ~ ~r / ~ ~+~ +Y~ \~ 1 A ti 3 `~4 circulor Tims ITY OF SON BLfLN,~RD(NO•PUDUIC wo¢l5g DEPT CONCtZCTE CC~LL~-R. 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UfC F Mewl...) vwl VC =eF 14m n elasy-e~eissr• Ylur ver:ae :•h 4ep¢_ Fa~Ja -F race..e4•e.+ .n "9 ezerdwr.e¢ with F•gura I~ b~1ew . 15tir . ss ~aF Fer ell s.; I f erc<ef w•er wend iaa Y1'e••~ fell Or feFF plaKtlC: CIwaJ . Kv =lee e.e.C Fer anru rated qfl end Fer Se Fh Plef#ic cloy . 1St+r aGC rtn ssec uni~ermla/I Fron. .r.o x.r.,v r.. vel uC Fer ~ .r0rt.oel CX ce•ra#fer+ le ire For a fleet wl.ess er.gle of :.+al•r.e}.en ¢quwls~( Set C a-arwl N•#e Ne~ 3~ KW 3aror VELTI C"Ai~ rSND iWrlNy CXC.-VI-T IONS !f P. s . bKV•Hr • Unih Pre SSU rC in p.i f. (uK Kw reltua etr Fiqurc l Cnf¢3LJ # P2 c U~lr Pre efVrC n V. s. ~" (Ver}•¢ol perFien~ Vsr;ef un• or•nlal Fferw n alu6 equal le .e ISSY' T IM+enb s ~ 4a w vwlut equel 4e 9•Kvf• (r. t;t6h-Tenf~ W4.ara sY Whan) as lcsS #1-iwn4~.PL s .C~K.ur (-se X251.. Twn~A ' IS Cec F~e.enF sF ncl•ive. err}}+ Pre~ure. y~ Un.4 we' La a Ce:l :n y.d. F. HT : DePM.. ~ lscpvct}per. ar. f P~14 . }~ - Dapt1+ a.tr •GOl per}ion a} es enunFwn .n Fse} Use Feflew.nqy vnlucS e~ 15'fU in d tign of f+aa.ng Kti1 2S peF F.r ¢II ails ex eaprF wa} fwnd~ GrYturn Fad ae:l a er se F} plea};¢ cloy , K.w • 5. Pr.F Fer wet send. K~1/ . loo ge F Fer seta rn T¢d ssa and Fer feFF Plnah;c cloy. ~EAIERAL A1oTE5 ~ sea eaewer.l N.4a ~. {. MI.T e[K.ALfn . -Fer la a ad for Sloe r.nq ti.e<k.ngqe d logging .w ce.+•pl q.nq w;lf. il.e prev.peni e{ Ns({ G4awaie.rd In meal bt new er uted but SI+nN be Fr to Fre.!. der¢eh 6 nntl derange thnr m~gkh 'n nny wny impn•r lFaa;r ProlmtrvG iunetisn .Ths grade er strueturol Preper}.es oofF WM n.nteri ol4 uVb For SAsr~nq ~SMII cerreseegd 1a M-.nF ei P ILC um fer.k W.ld i.p Cede x Curren} standard gend:h eno drCGSm rules eF K•,~ west teat} iunbar¢.priS KnFw raG eppl•cP bIC, Fir 1F<!h-<fsa9 used. 9 9 ~j..yN~ORIN~ eeQ CY CAV/•.TIPN3: a- -~nq FT va.r3~~ e~'ff ~ins;at eF w~e.n beri qsn#el and vejtieal spawn weed yhsrinq anan.barf .a sse{eeF wiNa etas gR'sund Sknll be net tats IkenT inches lhieJS nnA 0 nel•ea wide ~fpnted eva~y a Ftar, ., rc...d.na~ F..... Ap }. -a1f.r •F •aee•hen. beeweF en braese erll -a Mf Isea Men Mndvs ride and d.•ndsst MieK b, fwo•nq Fer a*envwliens akall bedMi nd a 9 al Cnil er StruNurel Cny.w ear ¢t9iYl.ad In Noe $#w4e eF CaliF' slasr.n. For escaua-#iens sn.•11 bt Jas;q ad to w~NSarend nd ease Ikon 46 1• F prw.d:wq lets strengrk meow system een+ply.n9 to lka Slete .F C^~•Fa•nin,Dea.~~ and eF eea:nwleed end .n ne tn{ Cena}rV a4:en Se Fe}y erd era. - induuM•<I Ralwtienf C. wUaa•ebla d~s:gn e4raff¢y F r lumbar used Fer fbrin Fsr q ca¢wvehene etaell be Rr M'¢Cwrvldifion eF Cled•n e~radiy eM drsssoy rules eF Ike Neq Ceest lurnberrntn3 A51sn. estyt Ms::11 racy 4e .n evenstd -y ~jS'ti Nlewoble dasi n atrsasa• Fer areal rnanys s used .n SMr:nq Meace+ahena SMY VC per {bC forest ld:fien •F the Uni{inw ~alild.n9 Ceds exespZ Ihot f/req wny -e ;neraesad by !s: d. Th¢ ¢•wtrwele. skell b}e:n epPrerel Frem Ma CR.4a D;v~Lan ~i.+doe}ne t;a.F f sF Sberin bbe usd fhal~Mren Furmehde.Fails~~^d {h.r.n 4e the eihy Fsr use In lht :nseser.an .F ~aprellet. ~ a~ eJ. - /. le s .- aka aV. pa r`q t 1 aid the ee.l sl.rar will M ¢I ete..d w.a+eut Lror.n ~} t,¢ ren}er than 5~' Lu. le • gr6u4 ie q ( A~ pe eF rkree quartsra ifsr:3entnl #. ene vsr t.eal.) To Case SLae11 4. New-Lrress gredt Iumbcr or fhtet.nq o loggln9 mayt -e ostd prsv:d in9 1ks Fol(sknnq ltr; el(neg end Li+aP^9 re9oiR .wen}S ers e~aerved : Min•n.u.w rougLa IhieKnasL .F skes ..p er Inggfn9 .n~ninum Lporinqq .F ehennq 2 InahCe a Fta{ •j .wel.ee T ~ssi J.w.-ev.r, Ns :w;n;.num rangy rkfek efgsa and hwriwyer~ faeinga tnbYln}~ ~vs (a• ben erdsluwbtr w+.~ be arye~ I rnride/ frrsnC e•aee.:.•~ri .r s Cel I. u..d (qr atl.wa r Iryyy.• yea Sktat n .r Ipye..q kr a} ~ltianL Lkall -e yr~ de'~1w u.:•cq(;ntrrM1(1 rsn.esk.nr ut.•wn Fer a.enwq~er of tsr.rnrlenf OCerr nrr k~ue{r• VrtK i~C g4t ran Mtl~aY be ea.e .•d.w er:rou Mr.. karon ors f rka seese M a'_ ••e3. .ksw. da..wa r v. is rvn~w•I(y e•e t :.F••~Fe.:~ w".w.fti ~4' K~v_r s~:~n~.Y_a.. ...yyi n»i7!'s+ er.._.4.d 1w+w.d Y:.~: .ui.~ i....F i.•i..elr:.: iaCgtY.~_ .Y .~ Fin. -•r. ra....ntir.nv r+.VV_•v_ a+va<'SS DEPT• ffyAw~T STANDI CRITERIA poQ THE ~ESIC.aN ~Z-`t 19 T3 N0' O~ SHO21 NC FoQ. EXCAvaT~ON ~~~~,~,~~ Sao. ctTY EUGtA1EEQ s nC Pi..e Exislinq toe ~~ Plow line (or os dosignated L•v the Engineer) i ~~ ~~12'~NomP al Rocks m Class "E' Concreha Por S Iash Pnd • _ 'ks :~ "4 bars p IE1-O C 0 v ~~" ALTERNATE ~ECTIQN A-A REINFORCED CONCRETE Sl_A6 Oft SLOPc IN LIEU OF r2(I88LE PLAN oP bank or levee I%:1 Siooe iAs Shown)-Others is ba as AoProved by 'h¢ Engineer `Lf~ l ~E.iet~nq toe ~ -'7~--{_ {'IOw lira 12" Rubble Sank Pro+ect~ i °4 bar ~ ,g..o ~. SECTION g-8 \ Flow Une =-0"Cv}- r+ Wa!I ~ . _ Around 6an4 Froi ection ALTERNATE REINFORCED CONCRETE SLAB ON SLOPE IN LIEU OF R(h38LE DETAILS OF PIPE THRU TRAPEZOIDAL EARTH OHAN~!FL (FOR 36'r DIA. PIPE AND SI~SIALLEP.) NOTES: "A" Vanes 30° .n d5' "B" Varies 5'-0"ior 18°diamatar pipe C smaller ; 6'-0' to 36" diame+ar ~~pas. 'C" Yanas a=0 Cor IB"diameter pipe C sma:.ler ; 6=0" }c J6' diameter p{pae. a:e¢pt Por Channels not errceadrnq !0' wid}h Place pad across an+ire Channel width and pines R~~bble Bank Protection ~.,p opposite side to provide symm¢}rical secfion. 'H" Afimm~m 5=0" Por Channels cP 5'-0' depth nr -reefer, cth¢rwise fo top e~ Gank or !eves 'h' Shall be 12"•~nless Holed. Pipe shell Ge placed nt an _ approved loan+ion E akvation 'V Vanes with papa size nncz Angle "A'. I SAN BERNARDINO COUNTY FLOOD COP.;T~tOL DISTRICT flEV1510NS OriN. EY ~ DATE Pipe 11-I-65 C.B. 10/10lG3 Mall Gim.la.p-T; ~-~ FILE N0. S.P. 183-A SECTION A-A PROJECT LOCATION SURVEY DOCUMENTS LUDWIG ENGINEERING 109 E. 3rd Street SAN BERNARDINO, CALIFORNIA 92410 (714) 884-8217 JOe T.~A~7' NO• io979- iv7. TIES SHEET NO. /~ OF ` CALCIfLATED BY v ^'~•W DATE ~-~O~`~'~ CHECKED BY GATE SGLE '-~ .. /',~ i _... 1 ._. _ ' 6r ~'~~ 21. __ ~,~~ ~~. . _ ~5~ ~ , 3< _ F23B ~ ~ _.. ~~e~r/~N7 . Gi ~L7 -j / , CONTRACT AGREEMENT AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this a~~a day of M , 2007, n the City ff ~~ San Bernardino (hereinafter "City"), and ~,ra-~ a5.~r ut-(jDN, Snc . ~ ~ l.onskrv~-~~ev~ (hereinafter "Contractor"). 1. For and in consideration of the payments and agreements hereinafrer mentioned, to be made and performed by the City, and under the conditions expressed in the bond as deposited with the City, receipt of which is hereby acknowledged, Contractor agrees with the City, at Contractor's own proper cost and expense in the Special Provisions to be furnished by the City, necessary to complete in good workmanlike and substantial manner the STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CANYON BASIN (SD 07-O1) in strict conformity with Plans and Special Provisions No. 11591 ,and also in accordance with Standard Specifications for Public Works/Construction, 2006 Edition, 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. 2. Contractor agrees to receive and accept [he prices as set forth in the bid schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 3. The Contractor herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on 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, vendees, or employees in the performance of this contract. AGREEMENT: STORM DRAIN IMPROVEMENT AT IRVINGTON AVENUE AND DEVIL CANYON BASIN (SD 07-O1 ) 4. City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do [he work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written. CONTRACTOR CITY OF SAN BERNARDINO Name of Firm: ~n,n ~e,enU.~d~ tio~ C~ 9~A-~~ PHONE NO.:~) 473 • g73g B J PA I K J. MO N ayor 'ity of San Bernardino ATTEST: RACHEL G. CLARK City Clerk APPROVED AS TO FORM: F. PENMAN, City Attorney MAILING ADDRESS: AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD, 9°~ FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 Bond No. 1000751467 Premium: $ 1 1 19 - n (1 Public Works -Payment KNOW ALL MEN BY THESE PRESENTS, That we, dba TK Construction Kirtley Construction, 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 , as Surety, are held and firmly bound unto City of san Bernardino as Obligee, in the sum of forty-eight thousand, four hundred and forty-eight----75/100 Dollars ($ 48,448.75 ), 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: day of Bid No. 11591 Storm Drain Improvement at Irvington Ave. and Devil Canyon Basin in San Bernardino NOW, THEREFORE, if the above-bounden Principal shall faithfully pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such person or persons, or subcontractors, with materials and supplies for the carrying on of such work, then this bond shall be null and void; otherwise it shall remain in ful force and effect. Signed, sealed and dated this 27th Kirtley Construction, Inc. dba TK Construction Principal ~ . -. March 27, 2007 March 2007 American Contractors Indemnity Company Karen Lee McNeal Attorneyin-F$c[ HCCSZZBIIBINOS American Contractors Indemnity Company ~~t~o 9841 Airport Blvd., 9'" 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, Karen Lee McNeal of Redlands, California 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 obligato~ ~r~n the nature+h*reof, issued in the course of its business and to bind [he Company thereby, in an Amount not [o exceed $ 500,000.00 This Power of Attorney shall expire without further action on June 29, 2009. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on [he 6'" day of December, 1990. "RESOLVED (ha( the ChiejE.xecu(ive Officer, Presider! or any {'ice Presiden(, Executive Vice President, Secretary or Assistan(Secretary, shall have Ute power and authority !. To appoin( Aporney(sJ-in-Fact and (o authorite (hem to execute on behaljoj the Company, and attach (he sea! of [he Company (hereto, bonds and undertakings, contrac(s ajindemni(y and o(lter writings obligatory in the mature (lrereojnnd, To remove, at any (ime, any such A(tarney-in-Fac( and revoke the authority given: RESOLVED FURTHER, (!ra( (he signatures of such officers and the sea! of (he Company may be affixed to any such Power ajAdorney nr certifica(e rela(ing thereto by facsimile, and any such Power ojAttorney or certificate bearing such facsimile signatures or facsimile seal shall be vn/id and binding upon the Company and any such power ,ro executed and certified by facsimile signatures and facsimile sea[ shall be valid and binding upon (he Compmty in (he jmure with respect m any bond ar undermking to which it is a(tached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Executive Vice President on the 9'" day of January, 2007. r~p~tp,Efugr~yD AMERICAN CONTRACTORS INDEMNITY COMPANY 3 INNApAflalp ~ ~~~~~~~ ~sErEU,tfve s By: ~~ STATE OF CALIFORNIA § Adam S. Pessm, Executive Vice President COUNTY OF LOS ANGELES ~~ § On this 9th day of January, 2007, before me, Steve Fedunak a notary public, personally appeared Adam S. Pessin, Executive Vice President oCAmerican Contractors Indemnity Company ,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 [o the within instrument and acknowledged [o me [hat he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on [he instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~~~) Signature of Notary My Commission expires June 29. 2009 SJEVEFEDUNAK o Comm. No. 1593578 ; NOTAfiY PUSUC-CALIFORNIA p U LOS ANGELES COUNTY My COmm. Exp. June 14.1009 I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, aze true and correct transcripts thereof and that neither the said Power of Attomey nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, 1 have hereunto set my hand this 27th day of MaTCh , 200. Bond No. 1000751467 - D/ltlMt4 Jeann J. Krm, Co orate Secretary Agency No. 13025 0.ev. POgOI/II/Ofi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -!4-..GC',4v5:.11,!~,G~c'Srti.`~'^;~'~'~GY~%:t::4~'..C:r4~~~L'!',ln_.. ~c 4CS,r~rti~:tiv yr,~,~!',Or.414Y'.C~',S:'!:~5_tiS"c;i:,i:_'..ti. .~.~ ,t:,i's State of California } ss. County of ~)cxY) QE y' ~r~~ yf1,~ ~~ J On MQ y ~'~t ~7 ~'C /before me, ~ C. , `~ ~ _ ~l " ~' I t' ` (t" (/ Dato Nama antl Tel/eA\o~f OHlcer (e-g_ "Jane Doe. Noliry PubLC") personally appeared ~tlv F'Z'1 ~-~ P _/~l,P ~~~ ~ !~. Nameiel er ;personally known to me CAROL J. MERCIER Cammbebn f 1503083 ti Notary Nrb1e • Callfomla San Bernardino CourNy MyComm. F~ Ju121, 2008 J 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. Place Notary Seal Above ature of Notary Public OPTIONAL Though the in/ormation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o/ this /orm to another document. Description of Attached Docume ~ Title or Type of Document: _,_ __ ~ri IM C ~~_1~~y1,.(~ __ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: - ! Individual Corporate Officer -Title(s): !- I Partner - f !Limited [ '. General i Attorney in Fact I Trustee I Guardian or Conservator i-.' Other: Signer Is Representing: Top of thump hore _J Number of Pages: __ __ _ Signer's Name: ,_ _ -~~ Individual J Corporate Officer -Title(s): _ ___ _ _ _ -~ Partner - I .Limited ~.! General _.i Attorney in Fact Top of thumC here Trustee '. i Guardian or Conservator J Other: Signerls Representing: - _ `:;~r-~,~,z~tiY`-~~tittiz~ <.{.sz;az;C;'~C~;~;~~`rtiu°aZ~L~2~~,r ~t-~,r,;z°s,~;rtir-i`ir-4,cc'"e~:~-Z'r-ZZ%,ac,Y-iri;r--~;~r.< ~.. `i;zzr-Z~~tirs< t0 200d National Notary Assoc ation • 9350 De Salo Ave.. P0. Box 24p2 • Chatsworth, CA 91313-2002 Item No. 500] Reortlec Call Toll-Free 1800-B)G~G82] AMERICAN CONTRACTORS INDEMNITY COMPANYQ c~~f~'J `z1 9841 AIRPORT BOULEVARD, 9rH FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 Bond No. 1000751467 Premium $ 1 1 39.00 Public Works -Labor & Material Bond KNOW ALL MEN BY THESE PRESENTS, That we, Kirtley Construction, Inc. dba T.K. Construction , 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 Califomia , as Surety, are held and firmly bound unto City of San Bernardino as Obligee, in the sum of forty-eight thousand four hundred forty-eight ----------------75/100 Dollars ($ 48,448.75 ), 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 3/27/07 with the Obligee to do and perform the following, to wit: Bid No, 11591 Storm Drain Improvement at Irvington Ave. and Devil Canyon Basin in San Bernardino 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 Califomia, 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 27th day of March 2007 Kirtley Construction, Inc. dba TK Construction AMER-C9rlI1 CONTRACTORS INDEMNITY COMPANY incipal - ~~ - J '/ i Viz' ~ Y, :~~ _ Karcn Lcc McN<al Attornc in-Fact Tr Kirtley, Pr dent Y- HCCSG IeoBlo/O$ American Contractors Indemnity Company `~~~l~~r`z7 9841 Airport Blvd., 9'" Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of [he State of California, a California corporation, does hereby appoint, Karen Lee McNeal of Redlands, California its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognilances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company [hereby, in an Amount not to exceed $ ""'~ 500,000.00 •"" This Power of Attomey shall expire without further action on June 29, 2009. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6i6 day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vrce President, Secretary or Assistant Secretary, steal! have the power and authority /. To appoint Attorney(s)-in-Fact and to authorize them to execute on beha(joj the Company, and attach the sea! of (he Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, al any time, any such Attorney-in-Fact and revoke the authority-given. RESOLVED FURTHER, that the signatures of such officers and the sea! of the Company may be affixed to any such Power ojAttorney or certificate relating thereto by facsimile, and any such Power of At(arney or certificate bearing such facsimile signatures or facsimile sea( sha/! be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile sea! sha!! be valid and binding upon the Company in the future wi(h respect to any bond ar undertaking to which i[ is attached. IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Executive Vice President on the 9ei day of January, 2007. 3~,I~MEi84S7~o AMERICAN CONTRACTORS INDEMNITY COMPANY 3 IIWROM7ED. ~' ~SEPy. B, 19M ~ ~~~~QGC~~~-' STATE OF CALIFORNIA 'O By. § Adam S. Pessin, Executive Vice President COUNTY OF LOS ANGELES ~ '" § On this 9th day of January, 2007, before me, Steve Fedunak , a notary public, personally appeared Adam S. Pessin, Executive Vice President of American Contractors Indemnity Company ,personally known [o 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 [hat by his/her/their signature(s) on [he instrument the person(s), or the entity upon behaif of which the person(s) acted, executed the instrument. WITNESS my h/and and official seal. /~~J Signature of Notary My Commission expires June 29, 2009 STEVE FEDUNAK Comm. No. 1593578 0 ° Nornarrueuc•ent~oania o (~j t4SANGElES000Ntt 4yCamm.Exp.June29.2009 r I, Jeannie 1. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attomey and the resolution adopted by the Board of Directors of said Company as set forth above, are tme and correct transcripts thereof and that neither the said Power of Attomey nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, 1 have hereunto set my hand this 27th Bond No. 1000751467 day of March 2007 . ~J. Kim, Co orate ecretary Agency No. 13025 Rev. POAO)kLe6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .y_4rw,.~C'Y',S.rS_-S: '~S.:e'~iY:i: ~-,Cr5.=,4•t`,L'r_e4_Si-'k-•f*:r~~5.~~4r,4 4'`4:6.'-C,S;v 4C4~S`_''_Y'F ^,. ~s""_<: ` ~" 1~"C.'~.: ~-:. ti -, State of California ss. County of ..72h L'~t(''yi(;ty'~~iti;L_ On M~t,r~u1 ~~ r ~7 before me, ~ GlY ~' ~ ..I, ~1F ~ ",r~'~ ~~c 'i<Ct~~ Dete Neme antl TAIe of Officer (e.g. "Jane Doe. Notary Pu tic personally appeared KG V 2 V1 ~-? ~ ~C N Y ~__. , Nameis) of Signer(s) personally known to me CAROL J. MERCIER Commbrbn # 150308) -~ Notary fitbilc - CaMfanla San 8errgrtlkro County MY Comm. lixpiret Ju124, 2008 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. Place Notary Seal Above `,~ ~(' ~ ~~/ ~!}it 1t ~h `r ~ ~ Signa eoi-NOf!ary~Plu~bli•a ` OPTIONAL Though the information below is not required by /aw, it may prove valuable to persons relying on the document and could prevent /raudulent removal and reattachment o/ this form to another document. Description of Attached Document Title or Type of Document: _-.tea 1QL~C ,, /y~~_ ; ; (i..~ _ - - Document Date: __, ___ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ''.7 Individual -. Corporate Officer -Title(s): ___ _ Partner-. I Limited C' General '_i Attorney in Fact ' • TC(J Ot (Fllmh FCrC -. ~ Trustee _' Guardian or Conservator ,.:. Other: Signer Is Representing: _ _ __ Signer's Name: ~~ Individual .-] Corporate Officer -Title(s): __ -. Partner-i !Limited '-: General : Attorney in Fact Trustee Guardian or Conservator ~. ; Other: __ Signer Is Representing: iop of Ihumt here `,--c tiz'_c~-<;. ~Zc,~r~'GZ~1.~~~>CZ, ~;~;~-i;~r-i;?`~7~,<,~~.~c=~,~,~;~1'~:L~c~-Z?~,~.Fc~G't~.~,~c:Zt~,~,~-~~c'i"t;~S 2 2004 National Notary Association • 9350 De Soto Ave., PO. Oox 2402 • Chatsworth, CA 91313-2402 Item No. 590] Reorder Call Tolh Free 1-P00-876$92]