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HomeMy WebLinkAbout1979-285 ~~ .C....""f> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "'\- -.", -~., ~ - lo.. RESOL UTI ON NO. ? '7 -"-:::t YS RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT FOR THE CONSTRUCTION OF A PUBLIC PROJECT, TO-WIT: THE INSTALLATION OF TRAFFIC SIGNALS AND STREET LIGHTING AT MILL STREET AND PEPPER AVENUE. BE IT HEREBY RESOLVED BY THE 'MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO that Steiny Company is the lowest responsible bidder for the construction of a public project, to-wit: The installation of traffic signals and street lighting at Mill Street and Pepper Avenue, in accordance with Speci- fication No. 5513; that all other bids therefor are hereby rejected; that the contract therefor is hereby awarded to said bidder; and that the Mayor of the City of San Bernardino is hereby directed to execute said contract, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by refer- ence as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at /I~~ meeting thereof, held on the - -1- day of ~L~' 1979, by the following vote, to-wit: A YES :(1 Ali/JU'I tJntMI 1kAf1S>7, iA-MJd. (!.-a.o-;t;1,." D J ~) !JJ fuoq,~.J1iu:dJw , '~ NOES: ~J.-) ABSENT: r> ...a.tAAAA~jJ~ (f/pA~ 1-- ~~t1{efAb The foregoing resolution is hereby approved this /J'~ day of JW; , 1979 .>;\;; ,""'- .... CITY C~E"l'~ ?f~ :{ f~ " . . . CITY OF SAN BERNARDINO STATE OF CALIFORNIA . SPECIAL PROVISIONS NO. 5513 . . INSTALLATION OF TRAFFIC SIGNALS AND LIGHTING AT MILL STREET AND PEPPER AVENUE AND WIDENING PORTIONS OF MILL STREET AND PEPPER AVENUE . . . . DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO MAY. 1979 . E.J'II/8/T ''A'' . , m SAFECO CON-TRACT BOND - CALIFORNIA FAITHFUL PERFORMANCE- PUBLIC WORK SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE, SAFECO PLAZA SEATTLE, WASHINGTON 98185 Bond No. 2888942 Initiel premium charged fOf' thi& bond is $389.00 .,bjoct to lICIjultment upon completion ot ContrKt .t appltc~' r.. on fin.1 ContrKt price. KNOW ALL MEN BY THESE PRESENTS, That <;TI'TNY ANn r.nMPANY. TNC - of 4n?:O ~;:!~r T~ 'D:::tolm;:r, nulC> 7\.....~'hliim CJ':! as Principal. and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto rTTV nl<' ~n1\T 'RlO''D1\Tn'OnTl\TII , in the sum of ~i yry 1<'; 'IT~ .....ht"'\llC!:::tonn li'....."..... P"""'grgg Fifty Fi.:e aRB nn,1l n('l_ ---- Dollars(S fiS.4SS nn ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, flfmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above-bounden Principal has entered into a Contract, dated Jul v 30 , 19.13..., with the , '. rT.....v IIii' c~~ ~~~lAPDIHQ to do and perform the following work, to-wit: Installation of Traffic Signals at Mill Street and Pepper Avenue, and widening portions of Mill Street and Pepper Avenue I NOW, THEREFORE, if the above-bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 30th day of .T111 Y ,19..:zs...., Principal BY: JAY E. PERRY, SECRETARY SAFECO INSURANCE COMPANY OF AMERICA tZ L. ANDERSON By . "15 Rl 4/77 PRINTEO IN U,S.A. COUNTY OF Ton. Ang.l._ f ~. II STATE OF CALIFORNIA, ON before me, the undersigned, a Notary Public .Ttly E. P9rry Augusi: 2, 19----7S, in and for said State, personally appeared , known to me to be the ~n~:E:~!~D ~~ 5~!~?:~2~~::; R ~ r:~~~ ~~.~ ~~ ~~3C~! ~ rU~;,j~~ ~;:: E I ]~~ ~ OFFICU'\.L SEAL ~ il 3Pl''''c KAT'IL "[N L MALONE:; ~ I~~:;~'.t;~~~, N~TM'Y ~'~G-u.c. ~i',L;r~?}\_;W\ ~ '. ~\'cJ:.-~.-"('..';.~La, . LOC' r,~"",.l r,.' ('C.'J"lY ..... :.: \'\i:- .....,.,,'!J, J ''''J._.~,_' '",' 1 ;'~ :: ~'~i.,,- My Comml~;siun [XP:foeS r~u,'. 11, ~%G,,: iil~nulI~;;n;~n~J~tIlIUlnnllil~ilj;1iI1n~nIIlUI~[~ni Secretary of the the Corporation tha executed the wi in In rument, known to me to be the person who executed the within Instrument, on behalf of the CorporatlOn, therem named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and ollicial seal. ACKffOWlEDGMENT-COIpot'Itlon-WOICOtt1 fonn Z2Z-R..... 3-64 C{;~/~ Notary Public in and for said State. ACKNOWLEDGMEl'.T BY SURETY STATE OF CALIFORNIA County of LOS ANGr.Lr.S On this day of 1979 ,before me, FRANCES JUNE GIOIA a notary public in and for the State of California with principal office in the County of LOS ANGELES residing therein, duly commissioned and sworn, personally appeared J. L. ANDERSON known to me to be the person whose name is subscribed to the within instrument as the aHorney-in.fact of the SAFECO INSURANCE COMPANY OF AMERICA , the corporation named as Surety in said instrument. and acknowledged t hat he subscribed the name of said corporation thereto as Surety, and his own name as altorney.in.fact. } 55. IN WITNESS WHEREOF, I have hereunto set my hand and af ed my 0 ficial seal, at my office in the aforesaid Cou the day and year in this certificate rust above wrilten. .... {l)0' OFFICIAL SEAL /' """". FRANCES JUNE GIOiA i"'s>~;',:: Notary (~Wic. Catif?rni<l Notary Public ~"";: Prin~iPaf Office In .,,,o~~, 4 Los Angeles County 5-11575/1 My Commission Expires May 20. 1983. . m SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 5291 KNOW ALL MEN BY THESE PRESENTS: That Safeco Insurance Company of America, a Washington corporation, does hereby appoint ----------------------J. L. ANDERSON, Los Angeles, Ca1ifornia--------------------- its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind Safeco Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, Sateco Insurance Company ot America has executed and attested these presents this 19th day of April ,19-.2!. CERTIFICATE Extract from the By-Laws of Safeco Insurance Company of America: "Article VI, Section 12.-FlDELlTY AND SURETY BONDS. . . the President, any Vice President, and the Secretary shall each have authority to appoint individuals as attorneys-in.fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of Safeco Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary cr an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 12 of the Bylaws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, W. D. Hammersla, Secretary of Safeco Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 30th day of Julv ,19~. 5-1300 Rl 7/77 PRINTED IN U.S.A. ~ SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY 0' AMERICA GENEAAllNSUAANCE COMPA.NY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OfFICE 017 8AOOKl YN AVE_ N.E.. SUTTLE. WASHINGTON .'0& CONTRACT BOND - CALIFORNIA PAYMENT BOND Bond No, ~flflflq4~ Premium Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS, That we, STF.TNV AND COMPANV,TNC., and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and fumly bound unto CITY OF SAN BERNARDINO ,as Obligee, in the sum of C:i'VTY Ti'iUR 'T'hrm~.:::iInn Fnll'r Hnnr1ypn pi fty Fivp- t=lnn nn/l00---_______________ Dollars(S 65.455.00 I, for the payment whereof. well and truly to be made. said Principal and Surety bind themselves. their heirs. administrators. successors and assigns, jointly and severally. firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above.bounden Principal has entered into a contract, dated 30th day of July 1979, with the Obligee to do and perform the following work, to-wit: Installation of Traffic Signals at Mill Street and Pepper Avenue, and widening portions of Mill Street and Pepper Avenue .vOW, THEREFORE, If the above-bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his sub-contractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same. in an amount not exceedmg the amount 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 30th day of JUly .1921- ::'jh7~ Principal No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. JAY E. PERRY, SECRETARY By J.L NSURANCE COMPANY OF AMERICA ~ Attorney.in-Fact STATE Of CAliFORNIA, COUNTY OF 1.08 Mg.l.. ( \ .., ON before me, the undersigned, a Notary Public Jay F. Perry J\11<P'lIt 2. 19----1-9-, in and for said State, personally appeared , known to me to be the rf~~ ~:~:: ~~: ~ c, ~~~~:~~ ~~~::~: ~ 7:-- ~~:~. .. -~:~- ~':: ~:!;:~: ~.~~~ :: ~ _ '1 ~""':""""'.' [.:'II'['L;;:-'::<~r;::>~ ;;IL~~LL('\!\J[ ~ f'.n "...l::.c_.., -. \" \ J, ~-1 n8T,:lY:' i'\:'!~IC: - r~-\lIf,y:ri'~', :J;,\',' ;:: L; C]J:;;'( ~ t,,1j r:J;"" ':;~," ::X[J:i,,~: r>. 1, l:J~~iJ-j iLi!l.1i1liU,~m!l~~~: ~~~~;'i::~;'~~li~~~lli!i~il.:~~l:i~a~Bil~~lt l~~J~..::ii of the the Corporation tha executed the wi in In rument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same, WITNESS my hand and official seal. ACKNowtEDC"ENT~iOft-Wolcoth Fonn 222-ftlV, H4 y}'n7p..J' ~ Nolary Public in and for said State, I~ ACKNOWLEDGME~'T BY SURETY STATE OF CALIFORNIA County of T.O>; AN(;F.T.F.>; On this day of 1979 , before me, a notary public in and for the State of California with principal office in the County of residing therein, duly commissioned and sworn, personally appeared J. L. ANDERSON known to me to be the person whose name is subscribed to the within instrument as the allorney.in-fact of the SAFECO INSURANCE COMPANY OF AMERICA , the corporation named as Surety in said instrument, and acknowledge e that he subscribed the name of said corporalJon thereto as Surety, and his own name as attorney.in.faet, } ss. FRANCES JUNE GIOIA LOS ANGELES . IN WITNESS WHEREOF, I have hereunto set my hand and fIXed m official seal, the day and i r . 0Jg ~..., OFFICIAL SEAL !. ........ FRANCES JUNE GIOIA ~"'n; . ,~: Notary Public-California Notary Public 1, Pri('Otill)I Office in """~ ~ Los Angeles County My Commission Expires May 20, 1983. S.11575170 ~ , m SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA' HOME OFFICE, SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 5291 KNOW ALL MEN BY THESE PRESENTS: That Safeco Insurance Company of America, a Washington corporation, does hereby appoint ----------------------J. L. ANDERSON, Los Angeles, California--------------------- its true and lawful attorney(s).in.fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind Safeco Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and attested these presents this 19th day of April ,19---11, CERTIFICATE Extract from the By.Laws of Safe co Insurance Company of America: "Article VI, Section 12.-FIDELITY AND SURETY BONDS. . . the President, any Vice President, and the Secretary shan each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of Safeco Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary ('f an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 12 of the Bylaws, and (ii) A copy of the power.of.attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of.attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, W. D. Hammersla, Secretary of Safeco Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By.Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 10th day of .Tnly ,I9EL-.. 5-1300 R1 7/77 PRINTED IN U.S.A. ItO~ItIf1~1CI( ...,Southern California. Insurance Broken -6330 San Vicente Boulevard Los Angeles. Calilomia 90048 (213) 937-7160 w::ft'II".CATE OF INSURANCE .tIAME AND l\ODAESS OF INSUA ,....E AND ADDRESS OF CERTIFICATE HOLDER CITY OF SAN BERNARDINO I 300 N "on Street , ~ Bernardino, CA 92418 I , i This is to certify that pOlicies of insurance listed below have been issued to the insured named above and are in force at this time. , TYPE OF INSURANCE COMPANY AHO POLICY HUMBER POLICY UmIIs of Uoblllly In Tho_nd_ (000) EXPIRATION DATE EACH AGGREGATE OCCURRENCE ; GENERAL LIABILITY - , !.%COMPREHENSIVE FOAM BODILY INJURY $ I - [i:PREMISES - OPERATIONS TRAVELERS INS. CO. j /1/82 L EXPLOSION AND COLLAPSE TRSLG 166Tl51-9-79 PAMERTY DAMAGE I I HAZARD . . XI UNDERGROUND HAZARD ; L PRODUCTS/COMPLETED _ OPERATIONS HAZARD -BOOILV INJURY AND L CONTRACTUAL INSURANCE PROPERTY DAMAGE S 500, s 500, iI BROAD FORM PROPERTY COMBINED . _ DAMAGE %.: rNDEPENDENT CONTRACTORS ~ PERSONAL INJURY -Applies to PfodLlCtS/Completed S Operattona Hazard. (PerlonallnJury) AUTOMOBILE LIABILITY BODilY INJURY (EACH PERSONI S . x: COMPREHENSIVE FORM TRAVELERS INS. CO. BODilY INJURY x: OWNED .~ 166T150-7-79 7/1/82 (EACH OCCURRENCE) s X: HIRED PROPERTY DAMAGE S x: NON-OWNED - RODIL Y INJURY AND .~ PROPERTY DAMAGE S 500, COMBiNED EXCESS LIABILITY Q UMBRELLA FORM 800lL Y INJURY AND 1"1 OTHER THAN UMBRELLA PROPERlY DAMAGE S S -... FORM COMBINED ~'COMPENSAnON ASSOCIATED INDEMNITY CORP. STATUTORY ..... 7-75WP 2324535 1/1/80 BIPLOYERS' LIABILITY I 2,000, (Each Accldtnt) OTHER l' DESCRIPfION OF OPERATIONS/LOCATIONS/VEHICLES I 1tll1 Street and Pepper Ave. plan No. 5513 -Steiny Job No. 8588 . This <ertificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate shall be construed to ,emend. extend or alter the coverage limits, terms or conditions of the policies it certificates. 'Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company j will endeavor to mail days wrillen notice to the above named certificate holder, but failure to mail such notice shall 1 ~iR,~\~~m:n..w ,Y!l&.iHllIe#. AAlI.lei.n.9,r\IP.I1P.l ~,1S"8\P.i!!l)\ 0< nther documont w~h respect to which the certificate , IS Issued. l~e insurance ..\lorded by \he policies listed OR the ccrtJfic:ate is subject to "lithe terms of sucll polrcres. NS BURDICK HUNT~ DAlE ISSUED: SM.IO.77 Julv 30. 1979 ;a CXOfa, i - -~~ .. .... ~ , ""- ->'/,.:~ ,.,,", ., ,...>"""""'-."~:_~' t """ME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES .....ME AND ADDRESS Of INSURED COMPANY A lETTER COMPANY B lEITER COMPANY C lETTER COMPANY D LETTER COMPANY E LETTER 7'his is to certify that po!icies of insurance listed belowllawe been issued to the insured named above and are in force at this time. Notwithslanding any requirement. term or condition ::If any contract or other document with respect to wIIidh this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the ':erms. exclusions and conditions of such policies. . Rollins Burdick Hunter of Southern Californi 6330 San Vicente Blvd., Los Angeles, CA 90048 MIDLAND INSURANCE COMPANY Steiny and Company, Inc. 221 No. Ardmore Ave., Los Angeles, CA 90004 "MPANY -~::TTER TYPE OF INSURANCE POlICY NUMBER POLICy EXPIRATION DATE limits of Liabilit in Thousands EACH OCCURRENCE AGGREGATE GENERAL LIABILITY AUTOMOBILE LIABILITY o COMPREHENSIVE FORM DowNED o HIRED o NON-QWNED /" BODilY INJURY $ $ PROPERTY DAMAGE $ $ BODilY INJURY AND ., PROPERTY DAMAGE $ $ COMBINED ,- $ . PERSONAL INJURY BODilY INJURY ...j; (EACH PERSON) $ BODILY INJURY $ (EACH ACCIDENT) PROPERTY DAMAGE $ BODilY INJURY AND PROPERTY DAMAGE $ COMBINED BODILY INJURY AND 7/1/80 PROPERTY DAMAGE $ 5,000 $5,000 COMBINED '~ .n ..... STATUTORY . ., $ ".. ([,lCHArC1OfNTI o COMPREHENSIVE FORM o PREM1SES-QPERAT10NS o EXPLOSION AND COLLAPSE HAZARD o UNDERGROUND HAZARD o PRODUCTS/COMPLETED OPERATIONS HAZARD o CONTRACTUAL INSURANCE o BROAD FORM PROPERTY DAMAGE o INDEPENDENT CONTRACTORS -- 0 PERSONAL INJURY EXCESS LIABILITY A UMBREllA FORM o OTHER THAN UM8RE.l.LA FORM UL 391.715 1 1 WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER "~ ">~~~ '-~.......... . :~~RIPTION OF OPERATIONS/lOCATIONSNEHIClES Mill Street and Pepper Ave. Plan No. 5513 steiny Job No. 8588 Cancellation: Should any of the above described pOlicies be cancelled before the expiration date thereof, the issuing com. pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ,. NAME ANO ADDRESS OF CERT1FICA'JEtfOlDER: CITY OF SAN BERIIARDINO 300 N. "0" Stxeet San Bernardino, CA924l8 '. ~.::RO 25 (1.79) I-~- '- . . CERTIFICATION I am aware of, will comply with, Section 3700 of the Labor Code, r~quiring every employer to be. insured against liability for Workers' Compensation or to undertake self- insurance before commencing any of the work. Contractor -- :7 ~ "V" ~Q; COMPANY, ~~ Title: JAY E. PERRY, SECRETARY Date: Ll?".tI:t 21 /q79 - . . . . . . . . . . ", .. . . .. NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or pro- posals for: THE INSTALLATION OF TRAFFIC SIGNALS AND LIGHTING AT MILL STREET AND PEPPER AVENUE, AND WIDENING PORTIONS OF MILL STREET AND PEPPER AVENUE, IN ACCORDANCE WITH SPECIAL PROVISIONS NO. 5513, ON FILE IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS, CITY HALL. t' De1iv~r all bids to the City Engineer's Office, Room 405, ~ity Hall, 300 North "D" Stree~,San Bernardino, California, with the specificll~ion title and number clearly mar~ed on t~e outside of the envelope. Said bids or proposals will be received up to the hour of 2:00 p.m., P.D.T., June 26, 1979 , at which time all of said bids or proposals will be publicly opened, examined and declared in the City Engineer's Conference Room, Room 405P. No bid will be received unless it is made on a proposal form furnished by the City. all bids or proposals shall be signed, sealed and accompanied by cash, cashier's ctleck, 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 damage. Therefore, the City and the bidder agree that the above sum of 10% 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. Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No. 5718 and any and all amendments thereto which are hereby referred to and made a part hereof by reference as fully as though set forth at length herein, have ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Counci 1. Said prevailing rates of wages shall conform to "Wage Scales for the Six Basic Trades", filed in the Office of the City Clerk, and "Sub-Trades Hourly Wage - Rates of Building and Construction Trade Council of San Bernardino and Riverside Counties", filed in the Office of the City Clerk, which are made a part of said Resolution No. 5718 and amendments thereto. It shall be mandatory upon the contractor to whom the contract is awarded and upon any sub-contractor under him, to pay not less than said specified rates to all laborers, workmen, and mechanics employed by them in the execution of the contract, and to prevent discrimination in the employment of persons because of race, creed, color, or national origin, as set forth in the provisions of Resolution No. 7414 of the Mayor and Common Council of the City of San Bernardino. .. . No bid will be accepted from a contractor who is not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professional Code. .. The City of San Bernardino reserves the right to reject any and all bids. Plans and specifications may be obtained from the City Engineer's Office, Room 405, City Hall, 300 North "0" Street, San Bernardino, California, 92418, upon a non- refundable payment of $5.00 for each set. . City of San Bernardino . ,~~dJ ~ad/ r By: SHAUNA CLARK Acting City Clerk .. .. NOTICE TO ADVERTISE SPECIFICATION NO........~.5.]}........... SHALL APPEAR 1rI F1aSJ ISSUE NOT LATER THAN June 6, 1979 & June 11, 1979 DATE................,............""......... "...."..."......... ....... SECOND PU2TION FIV~.DAYS LATER . SIGNATURi:' . rRtI.~~ATE..~.:;?R.'. 77 . .. .. . . ~ . . PROPOSAL FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO . . The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor, materials, transportation and service for the INSTALLATION OF TRAFFIC SIGNALS AND LIGHTING AT MILL STREET AND PEPPER AVENUE AND WIDENING PORTIONS OF MILL STREET AND PEPPER AVENUE, in strict conformity with Plan and Special Provisions No. 5513, City of San Bernardino, Department of Public Works, and also in accordance with Standard Specifications for Public Works Construction, 1979 Edition, Standard Specifications, State of California, Business and Transportation Agency, Department of Transportation, dated January, 1978, and he proposes and agrees if this proposal is accepted, that he will contract with the City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, 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: . . . . . . . ... . . . , , PLAN NO. 5513 . DESCRIPTION OF ITEMS WITH UNIT rEM OUANTITY UNIT UNIT PRICE WRITTEN WORDS PRICE TOTAL 1. Lump Sum L.S. Clearing & Grubbing at the ,/S $'/. 90Q Q.S} Lump Sum Price of O/./:'/ 7ilousAMO /II/NF. I . rill IV lJ 12 ('J) 1) ou..A fJ .s . Lump Sum L.S. Unclassified Excavation at the $'6; 7.20- of}.. '.. (1,558 Cu. Yds.) Lump Sum Pri ce of S 1)( ,-/S Z~~;~N1~1~~~s IIr'MCI2f".9 '. '. 2 C.Y. Portland Cement Concrete (Curb, Gutter), Type "B", at # ~Q? 02 $'gOo. 09- FOUR /10/1) ,()PUJ fJoal\R.:3 per. cu. yd. . ", . Lump Sum L.S. Finishing Roadway at the Lis $66-0. oJ2, lump sum price of ,~/X )YtINIJRf.{) FIFTY OOU.I, f.S - . 325 Ton Aggregate Base at It 7. iJ2 $~ '105. o..E- ~f~M f./9.~LJ1RS. . Y ( ~ .,. S 'per ton 200 Ton Asphalt Concrete (Type 1) including Resurfacing, A.C. ..r33. ~ $ 6. I'ro. 00 Dike, A.C. Sidewalk at ;;..-- /I-IJRTY-THR1L / OfJU,.AI2S. fIFTY (lENTS . per ton Lump Sum L.S. Install Traffic Signals and $1./0 :230. ofl- Highway Lighting at Mill Street l-/S and Pepper Avenue at the Lump Sum Price of ~IJR1'1'<:; n( rlloo..<A/JO TP..JO HUIlf'.errJ f/6-IITY mt.LA~5 $08 -CONT~IIC70/~ : l( fVa SlOe fLJNSlI< U(! TlOJoJ {b. TOTAL I7E/>15 / THROVC-II 6 # 6..,-: 'I ::r6-: ri!- . NOTE: The unit price must be written in words and also in figures. CONTROLLER TO BE FURNISHED: Make S,1fn-eAN Model :2 :2f)() -- - .. In case of a discrepancy between words and figures, the words shall pre- vail. '. It is the understanding of the undersigned that the work hereinabove described shall be corrmenced and completed as directed in Section 4, "Beginning of Work, Time of Completion and Liquidated Damages", of these special provisions. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this proposal shall be paid to the City of San Bernardinu as liquidated damages. FIRM NAME: Steiny and Co., hOle. 4620 1:.. La I'alma AVe. BUSINESS ADDRESS Anaheim. Ca. 92807 LICENSE NO. /~/;(~;J 7 C" '7 ~- JJLASS;'}SATION (2 -/0 y/9 SIGNATURE OF BIDDER:~~~/~c:z--:t..4-?~ If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individuals, or co-partners composing the firm. If a corporation, state legal name of the corporation, also the name of the president, secretary, treasurer and manager thereof. STEINY AND OOMPANY, INC. J. O. Steiny-President & Treasurer uav,d Lh.C:Oourne VlCe.Pres. & Mgr. Jay Perry-Secretary Dated: h -;</P - , 1979 - @] SAFECO SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERIC': FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE, SAFECO PLAZA SEATTLE. WASHINGTON 9StS5 BID BOND llOND # 623057 Approved by The A"*"ican Institute of Architects, A.I.A. Document No. A.310 I Feb. 1970 [o:Iitionl KNOW ALL MEN BY THESE PRESENTS. That we. STEINY AND COMPANY. INC. . as Pnncipal. heremafter called the PrIncipal. and the SAFECO INSURANCE COMPA)I.'Y OF AMERICA. of Seattle. Washington, a corporation duly organized under lbe laws of the Slate of Washington, as Surety, hereinafter called lhe Surety. are held and rlfmly bound unto City of San Bernardino as Obligee, hereinafter called the Obhgee. in the sum of TEN PERCENT (10%) OF THE AMOUNT OF THE BID Dollar; ($ ). for the payment of which sum well and truly to be made. the said PrIncipal and the said Surety. bind ourselves. our heirs. executors. administrators. successors and assigns. jointly and severally. firmly by these presents. WHEREAS, the Principal has submitted a bid for Installation of Traffic Signals & lighting and street widening - Mill Street and Pepper Avenue NOli'. THEREFORE. if the Obligee shall accept the bid of the Principal and the PrIncipal shall enter into a Contract with the Obligee in accordance with the terms of such bid. and give such bond or bonds as may be specified in the biddmg or Contract Documents with good and sufficient surety for the faithful performance of such Contract and forthe prompt payment of labor and material furnished in the prosecution thereof. or in the event of the failure of the Principal 10 enter such Contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obhgee may in good faith contract with another party to perform the Work covered by said bid. then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and sealed this 26th day of .1'nnp- .19.li.. Witness I I B, Witness o INSURANCE COMPANY OF AMERICA an~r ANDERSON Attorney.in-Fact PAINTED SoM "6 11173 .' f . " J ) , .' . ., ,~.:;. -., - . : 'l-t, . .' " .' , I .~ ACKNOWLEDGMENT BY SURETY } ss. TATE OF CALIFORNIA County of Los Angeles On this 26th day of June ,1979 ,beforeme,F....:lI"rot:los Jlt7"~ G;n1 i", a notary public in and for the State of California with principal office in the County of I.oe n rg'" Joe residing therein, duly commissioned and sworn, personally appeared J T. n n n 0"(' 'iO n known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the Safeco Insurance Company OT Amp-ric~ the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation . thereto as Surety, and his own name as attorney-in-fact. & i IN WIT.N. ESS. WHEREOF, I have hereunto set my hand and af ed my fficial seal, at my office in the aforesaid County, the da~~lif'IiAOlIiill fto-.......t..,(;,.,t"Of>lll<l:W}iI. n. ~ ~. 1( /:""""'0' OFFICIAL SEAL ' iL ( :-0",:: ':" FRANCES JUNE GIOIA \:' 74. AL-'(A""...I'''''~ ~ ~;.-.'" .' Notary Public - Caillornia Notary Public ' ..,.' Prlnclpa~s(;l.llllcc In , Los Ange)cs County My CO/l1m!ssian Expires M<3Y 20. 1983. , S-115 5 0 ~ .. m SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA .lOME OFFICE' SAFECO PLAZA SEATTLE. WASHINGTON 98185 1 No. 5291 KNOW ALL MEN BY THESE PRESENTS: Thai Safoco Insurance Company of America, a Washm810n "orporallon. does hereby appomt ----------------------J. L. AND~RSON, Los Angeles, Cal1fornia--------------------- its true and lawful a1l0rneylsHn.facl. with full authority to execu'e on behalf of the company fldehty and surel! bond, ur underl~kmgs and other documents of 3 similar character issued by the company in the course of Its busmes!l. and to bmd Safoco Insurance Company of America thereby as fully as if such instruments had been duly execuled by ,t; regularly eJe~led llfficcrs at its home offj.:c. IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and a1lested these pre;ent; this lQ..h day of Aoril Iq77 .- ~.~('~ "0 "''''''''IJl!,.A SE.:Il(H..., ~,~~v- , ~ i CERTtF ICA TE Extract frum the By-Laws uf Safeco Insurance Company of America: "Article VI. Section 1~.-FIDELlTY A~D Sl'RETY BONDS.. . the PreSldenl. any Vice President. and the Secretary shall "each have authority 10 appoint individuJls as :JtlUrneys-in-fact or under other appropri;Jte titles with authorit~ to exe.:ute on behalf of the company fidelity and surety bonds and other do..:uments of similar ch<.tTacter issued by the compan~ III th~ course of its busmes:) . . . . On any Instrument making or evidencing such appointment. the signatures may be ;Jffi:\~d b~ facsimile. On any instrument conferring such ,wthority or on .any bond or undertakmg of the comp:.lIlY. lh~ sc:J1. \.lr a facsimile thereof. may be impressed or affixed ur in any other manner reproduced: prOVIded. however. that the seal shall nut be necessary to the validity of any such instrument or undertaking:' Extract from a Resolution of the Board of Directors of Safeco Insurance Company of America adopted July 28.1970 a'On any certificate executed by the Secretary or an assistant secretary of the Company selling out. (i) The provisions of Arllele VI, Section 12 of the Bylaws, and (ii) A copy of the power-of.atlorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-altorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of Ihe Company may be a facsimile thereof." I, W. D. Hammersla, Secretary of Safeco Insurance Company of America. do hereby certify that the foregoing extracts of Ihe By-Laws and of a Resolution of the Board of Directors of thIS corporation, and of a Power of Attorney issued pursuant Ihereto, are true and correct, and that both the By.Laws, the Resolution and the Power of Attorney are still in full force and effecl. IN WITNESS WHEREOF,. have hereunto set my hand and affixed the facsimile seal of said corporation Ihis ?';'t-h day"f .Tnn'" ,19~_ ~~a./ .D"~"S"''''.IIiC''I1'''.' 5-UOO 7 po PRINTED IN u.s.A. . . SPECIAL PROVISIONS SECTION I SPECIFICATIONS AND PLANS . 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the standard specifications for Public Works Construction, 1979 Edition, State of California, Business and Transportation Agency, Department of Transportation, Standard Specifications, dated January 1978, and the California Standard Plans, dated March 1977, insofar as the same may apply and in accordance with the following special provisions. 1-1,02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, ~hey shall be understood to mean and refer to the following: Department of Transportation The City of San Bernardino. Agency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. Engineer - The Director of Public Works/City Engineer for the City of San Bernardino. . . . . Laboratory The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. Notice of Contractors . Notice Inviting Bids. State The City of San Bernardino. . Other terms appearing in the Standard Specifications, and these Special Pro- visions, shall have the intent and meaning specified in Section 1.02, Definitions. In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. . . SP-1 . . SECTION 2 2-1 PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- Bids must be submitted on the proposal form contained herein. All bids or proposals shall be signed, sealed and accompanied by cash, cashier'~ check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract, if awarded to him. In the event the bidder, to whom the contract is awarded, refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damage. Therefore, the City and the bidder agree that the proposal guarantee of 10% of the bid shall be paid to the City upon the conditions set forth above as liquidated damages and not as a forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. . . SECTION 3 . 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- Award of the contract will be made by the Mayor and Common Council at the next Council Meeting after opening of the bids. The bidder to whom the contract is awarded shall file with the Engineer all required bonds and insurance policies, and execute the contract, within 7 calendar days after . receiving notification of the award. 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. . SECTION 4 4-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 -- Attention is directed to the provisions in Section 6-1, "Construction Schedule and Commencement of Work", in Section 6-7.1, "Time or . Completion", and in Section 6.9, "Liquidated Damages", of the Standard Specifications for Public Works Construction, 1979 Edition and these special provisions. In lieu of the requirements that the contractor shall begin work within 15 days after approval of the contract, as provided in Section 6-1 of the Standard Specifications, the Contractor shall furnish the Engineer with a state- . ment from the vendor, that the order for the materials required for this contract has been received and accepted by said vendor, and said statement shall be furnished within 15 days from the date of the "NOTICE TO PROCEED". Said statement shall give the date that the control equipment will be shipped. . . SP-2 . . . The Contractor shall not perform any work, at the site of the project, until all electrical materials, except control equipment, are delivered. The Contractor shall notify the Engineer, in writing, of the date that all electrical materials are received and shall begin work not more than 15 days after said date. The Contractor shall diligently prosecute the work to completion before the expi ration of 50 WORKING DAYS . from the date that work is actually commenced at the site of the project, but in no case shall the work be completed later than 90 WORKING DAYS . from the date of the "NOTICE TO PROCEED". The Contractor shall pay to the City of San Bernardino the sum of $100.00 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. . SECTION 5 LEGAL REQUIREMENTS 5.01 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "L iabi1 ity Insurance", of the Standard Specifications for Pub1 ic Works Construction, 1979 Edition, providing that the Contractor shall furnish the City with a policy or certificate of liability insurance as prescribed therein. . . 5.02 WORKMEN'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Secti on 7-4, "Workmen's Compensation Insurance", of the Standard Specifications for Public Works Construction, 1979 Edition, providing that the Contractor shall file a signed certification and Certificate of Workmen's Compensation Insurance before execution of the contract. 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, "Increased or Decreased Quantities", of the Standard Specifications for Public Works Construction, 1979 Edition, 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 provis ions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit price, the Engineer reserves the right . to make no ajustment 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. . SP-3 A . . . . . . . . . . . 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 con- tractor's request shall be accompanied by adequate, detailed data to support costs of the item. 6-1.02 PERMITS AND LICENSES -- The Contractor shall obtain all permits necessary to perform contract work and these special provisions. The Environmental Quality Act of 1970 (Chap. 1433, Stats, 1970), as amended by Chapter 1154, Stats. 1972, may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection withcp~rfQrming the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other author- izations and they shall be obtained in sufficient time to prevent delays to the work. In the event that the City has obtained permits, licenses or other author- izations, applicable to the work, in conformance with the requirements in said Environmental Quality Act of 1970, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. 6-1.03 SOUND CONTROL REQUIREMENTS -- The Contractor shall comply with City of San Bernardino Ordinance No. 1925 regulating and prohibiting loud, unnecessary and excessive noises. See copy of Ordinance No. 1925 attached hereto. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manu- facturer. No internal combustion engine shall be operated on the project without said muffler. No equipment, machinery, or apparatus that emits loud and excessive noise shall be operated during the hours of 10:00 P.M. and 7:00 A.M., unless approval has first been secured from the Mayor and Common Council of the City of San Bernardino. Said noise level requirement shall apply to all equipment on the job or related to the jOb, including but not limited to trucks, transit mixers or transit equipment that mayor may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 6-1.04 GUARANTY AND BONDS -- A material guaranty for a period of 6 months from the date of acceptance for the fOllowing item of work as designated in the Engineer's Estimate will be required and shall conform to the provisions in Section 2-1.12, "Material Guaranty", of the Standard Specifications, State of California, Department of Transporation. A guaranty form for this purpose is included in the proposal. SP-4 . . Traffic signal controller and associated equipment housed within controller cabinet, street lighting luminares and signal and pedestrian heads installed or furnished under contract item 14. The 2 contract bonds required by Section 3-1.02, "Contract Bonds", of the Standard Specifications may be reduced as provided in said Section 2-1.12. Full compensation for furnishing the guaranty and bonds will be considered as included in the contract price or prices paid for the items of work involved and no additional compensation will be allowed therefor. 6-1.05 HIGHWAY CONSTRUCTION EQUIPMENT -- Attention is directed to Sections 7-1.011, "Vehicle Code", and 7-1.02, "Weight Limitations", of the Standard Specifications, State of California, Department of Transportation and these special provisions. Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 6-1.06 HOURS OF LABOR -- In the event that the Engineer is required by the Contractor's operations to work more than eight (8) hours in any given day, or more than forty (40) hours in any given week, or on any Saturday, Sunday or Holiday, in the setting of Lines and Grades or performing inspections, the Contractor shall pay an amount to the City equal to one and a half (1 1/2) times the Engineer's normal wages and fringe benefits. Such amount shall be deducted from the next following progress payments. 6-1.07 PAYMENTS -- Attention is directed to Section 9-1.06, "Partial Payments", and 9-1.07, "Payment After Acceptance", of the Standard Specifications State of California, Department of Transportation and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 6-1.08 PROJECT APPEARANCE -- The Contractor shall maintain a near appearance to the work. . . . . . . . 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 stock- piling is necessary, the material shall be removed or disposed of weekly. Full compensation for conforming to the provisions in this section, not other- wise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. . . SP-5 . SECTION 7 7-1 MATERIALS . . 7-1.01 GENERAL -- Attention is directed to Section 6, "Control of Materials", of the Standard Specifications, State of California, Department of Transportation and these special provisions. All materials required to complete the work under this contract shall be furnished by the Contractor. 7-1.02 EPOXY SEALANT FOR INDUCTIVE LOOPS -- Section 95-2.09, "Epoxy Sealant for Inductive Loops (State Specification 8040-61J-06)", of the Standard Specifications, State of California, Department of Transportation is superseded by the following provisions. Epoxy sealant used to seal inductive wire loops and leads imbedded in asphalt concrete or portland cement concrete pavement shall be a two (2) component, e1asto- meric, fluid-applied polyurethane compound, with the following properties. . Mixing Ratio: Component A - 100 parts by weight Component B - 23 parts by weight 99% Minimum . . So 1 ids Content: Work Life: Care Time: Flash Point: 15 Minutes Minimum Color: 24 Hours Maximum 2000 F Minimum Grey 65 Shore A Minimum . Hardness: Elongation: 200% Maximum at Ultimate The epoxy sealant shall be mixed and applied in accordance to the manufacturer's recommendations. . SECTION 8 8-1 DESCRIPTION OF WORK . 8-1.01 GENERAL -- The work to be done consists, in general, of clearing and grubbing, removing A.C. dike, removal of miscellaneous highway facilities, earthwork for new roadway is to be done, constructing concrete curb and gutter, A.C. dikes, aggregate base, asphalt concrete, finishing roadway, maintaining existing stop signs, installing traffic signal system and highway safety lighting system, 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 i nsta 11 ed. . . SP-6 . . The work shall, in addition to these special provlslons, conform to the pro- visions of City Ordinance No. 1879 and amendments thereto, particularly with respect to methods of cutting pavement. backfilling. temporary resurfacing and street cut permits. except that all such work shall be done to the satisfaction of the City Engineer. See copy of Ordinance No. 1879 attached hereto. All cost and charges required under this ordinance shall be paid by the contractor. . SECTION 9 9-1 CONSTRUCTION DETAILS . 9-1.01 ORDER OF WORK -- Order of work shall conform to the provisions in Section 6-1. Construction Schedule and Commencement of Work. of the Standard Specifications for Public Works Construction, 1979 Edition and these special provisions. The first order of work shall be to place the order for the traffic signals control equipment. The Contractor shall furnish the Engineer with a statement from the vendor. that the order for said control equipment has been received and accepted by said vendor. within 15 days from the date of the "Notice to Proceed". Prior to commencement of the traffic signal functional test, all items of work related to signal control shall be completed. Roadside signs. guide markers, and all traffic striping and pavement markings shall be in place. Roadside signs, guide markers, traffic stripes and pavement markings will be placed by CITY forces within 3 working days after written notification has been given to the Engineer by the Contractor that his work has progressed to a point necessitating such placement. 9-1.02 MAINTAINING TRAFFIC -- Attention is directed to Section 7-10 "Public Convenience and Safety", of the Standard Specifications for Public Works Construction, 1979 Edition and these special provisions. Warning signs, lights, and devices for use in performance of work upon highways shall conform to the "Manual of Traffic Controls", 1977 Edition, published by the State of California, and the "Work Area Traffic Control Handbook", 1976 Edition. adopted by the City of San Bernrdino, California. A minimum of one (1) lane shall be maintained for each direction of traffic at all times. . . . . Full compensation for furnishing and installing all signs, lights, flares. barricades and other traffic control devices necessary to expedite passage of public traffic through the work area shall be considered as included in the contract lump sum payment and no additional compensation will be allowed therefor. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress on working days. . . . SP-7 . . Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. The Contractor shall notify local authorities of his intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. . . . 9-1.03 COOPERATION AND COLLATERAL WORK -- Attention is directed to Section 7.7, "Cooperation and Collateral Work", of the Standard Specifications for Public Works Construction, 1979 Edition and these special provisions. Certain companies, governmental agencies, or their Contractors (including but not limited to Southern California Edison Company, Southern California Gas Company, Pacific Telephone Company, City of San Bernardino Water Department) may be working within the construction area. Certain utility facilities of various locations within project limits may be removed, relocated, abandoned, or installed by companies' or agencies' contractors. . It is anticipated that these existing utilities will not interfere with the contractors construction operations. However, the contractor shall exercise due care to insure that these utility facilities are not damaged during his operations. The utility locations shown on the plans are correct to the best of our knowledge. When in doubt the contractor shall contact utility concerned before proceeding further. The above agencies may be contacted at the following telephone numbers: . AGENCY TELEPHONE NUMBER B75-5100 884-9411 684-007r 383-5141 . Southern California Edison Co. Southern California Gas Co. Pacific Telephone Co. City of San Bernardino Water Dept. . 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. . 9-1.04 DUST CONTROL - Dust control shall conform to the provisions in Section 7-8.1, "Cleanup and Dust Control", of the Standard Specifications for Public Works Construction, 1979 Edition. . SP-8 . . 9-1.05 CLEARING AND GRUBBING -- All clearin9 and grubbing work shall comply with the requirements of Section 300-1 of Standard Specifications for Public Works Construction, 1979 Edition. The lump sum price for clearing and grubbing shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in clearing and grubbing as directed by the Engineer. 9-1.06 EARTHWORK -- The earthwork involved shall conform to the provisions of Section 300-2, 300-4 of Standard Specifications for Public Works Construction, 1979 Edition. . . Removing existing A.C. dike and removing existing bituminous surfacing and concrete encountered within the limits of roadway construction or that is designated for removal by the Engineer will be paid for on a lump sum basis as unclassified excavation. . Preparation of the foundation to receive material shall be by compaction to not less than 90% for a depth of 12 inches. Unsuitable excavation material and surplus material shall become the property of the contractor and be disposed of outside the street right-of-way in accordance with Section 300.2.2, 300-2.6 of the above specifications. All vegetation and other deleterious materials shall be removed from the subgrade for a depth of six inches prior to compaction. In embankment construction the relative compaction of each layer within 1.00 feet of finished grade shall not be less than 95%. The relative compaction of the layers of embankment below a plane 1.00 feet below finished grade shall not be less than 90%. . . Full compensation for earthwork, including subgrade preparation, compacting native material, embankment construction, disposal of surplus material, shall be considered as included in the contract lump sum price for "Unclassified Excavation", and no additional compensation will be allowed therefor. . The estimated quantity of Unclassified Excavation shall be the final quantity for which payment shall be made unless the grades or cross sections are changed. Costs 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. 9-1.07 CURB AND GUTTER -- All concrete work shall comply with the require- ments of Section 303-5.1 of Standard Specifications for Public Works Construction, 1979 Edition, and the City Standard Drawing No. 200. . SP-9 . . Portland cement concrete shall conform to the provisions of Section 201-1 of Standard Specifications for Public Works Construction, 1979 Edition. 9-1.08 FINISHING ROADWAY -- After the earthwork has been completed and the surfacing or paving has been placed, the entire roadway shall be finished as specified herein. The shoulders shall be trimmed and shaped to the finished cross-section by machine or hand grading so as to produce smooth surfaces and slopes, and uniform cross-sections. . . Dragging, pushin9, or scraping material across or along the finished sur- facing or paving will not be permitted. The slopes of embankments, excavations and ditches shall be trimmed and finished to the lines and grades called for by the plans or established by the Engineer. Full compensation for furnishing all labor, materials, tools, implements, and equipment, and performing all incidental work necessary to finish the roadway as specified shall be considered as included in the lump sum price paid for finishing roadway and no separate payment will be made therefor. 9-1.09 AGGREGATE BASE -- Material shall comply with the requirements of Section 200-2 of Standard Specifications for Public Works Construction, 1979 Edition. The price paid per ton shall include full compensation for furnishing all . labor, materials, tools and equipment and doing all the work involved in preparing the subgrade and placing material as shown on the plans and as directed by the Engineer. . . 9-1.10 ASPHALT CONCRETE -- Material shall comply with the requirements of Section 203-6 of Standard Specifications. A prime coat shall be applied as directed by the Engineer. A seal coat is not to be applied. Asphalt concrete may be spread and compacted in one layer of total compacted thickness of 0.20 foot. . . A paint binder shall be furnished and applied in conformance with Section 203-3 of the Standard Specifications and full compensation for furnishing and applying this material shall be considered as included in the prices paid per ton for asphalt concrete and no additional compensation will be allowed therefor. Asphalt concrete shall be placed in miscellaneous areas as designated on the plans or as directed by the Engineer~ u____ ___ Asphalt concrete shall be Type I, Class B. . . SP-10 . . Asphalt concrete dike and sidewalk shall be constructed as shown on the plans and as directed by the Engineer. The price paid per ton for asphalt concrete shall include full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in placing material, constructing asphalt concre~ dike and sidewalk, placing asphalt concrete in miscellaneous areas, including the application of paint binder and prime coat as designated on the plans or as directed by the Engineer. . . . . . SECTION 10 SIGNALS AND LIGHTING 1 0-1 GENERAL 10-1.01 DESCRIPTION -- Furnishing and installing traffic signals and highway lighting and payment therefor shall conform to the provisions in Section 86, "Signals and Lighting", of the Standard Specifications, State of California, Department of Transportation, and these special provisions. Traffic signal work is to be performed at the following location: . MILL STREET AND PEPPER AVENUE . 10-1.02 EQUIPMENT LIST AND DRAWINGS -- Equipment list and drawings of electrical equipment and material shall conform to the provisions in Section 86-1.03, "Equipment List And Drawings", of the Standard Specifications and these special provisions. . The controller cabinet schematic wiring diagram and intersection sketch shall be combined into one drawing, so that, when the cabinet door is fully open, the drawing is oriented with the intersection. . SP-ll . . The Contractor shall furnish a maintenance manual for the controller units, auxiliary equipment, and vehicle detector sensor units, control units and amplifiers. The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted at the time the controllers are delivered for testing or, if ordered by the Engineer, previous to purchase. The maintenance manual shall include, but need not be limited to, the following items: (a) Specifications (b) Design Characteristics (c) General Operation Theory (d) Function Of All Controls (e) Trouble Shooting Procedure (Diagnostic Routine) (f) Block Circuit Diagram (g) Geographical Layout Of Components (h) Schematic Diagrams (i) List Of Replaceable Component Parts With Stock Numbers 10-1.03 SCHEDULING OF WORK -- Scheduling of work shall conform to the provisions in Section 86-1.06, "Scheduling of Work", of the Standard Specifications. . . . . 10-2 MATERIALS AND INSTALLATION ~ 10-2.01 FOUNDATIONS -- Foundations shall conform to the provisions in Section 86-2.03, "Foundations", of the Standard Specifications and these special provisions. Portland cement concrete shall conform to Section 90-10, "Minor Concrete", of the Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard, except concrete for pile foundations shall contain not less than 564 pounds of cement per cubic yard. . . 10-2.02 STANDARDS, STEEL PEDESTALS AND POSTS -- Standards, steel pedestals and posts shall conform to the provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts", of the Standard Specifications. 10-2.03 CONDUIT -- Conduit shall conform to the provisions in Section 86-2.05, ,"Conduit", of the Standard Specifications and these special provisions. . Non-metallic type conduit shall not be used. Insulated bonding bushings will be required on metal conduit. After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. . SP-12 . 10-2.04 PULL BOXES -- Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes", of the Standard Specifications and these special provisions. All pull boxes shall be No.5, except as shown otherwise on the plans. 10-2.05 CONDUCTORS AND WIRING -- Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors", and Section 86-2.09, "Wiring", of the Standard Specifications and these special provisions. . Conductors shall be sp1 iced by the use of "C" shaped compression connectors as shown on the plans. . Splices shall be insulated by "Method B". All new conductors within the controller cabinets shall be provided with a .. plastic identification tag. These identification tags shall be firmly and per- manently affixed to the conductors by clips. .. . " . . .. . 10-2.06 BONDING AND GROUNDING - Bonding and 9rounding shall conform to the provisions in Section 86-2.10, "Bonding and Grounding", of the Standard Specifications and these special provisions. Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the standard or pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation. 10-2.07 SERVICE -- Service shall conform to the provisions in Section 86-2.11, "Service", of the Standard Specifications and these special provisions. 10-2.08 TESTING -- Testing shall conform to the provisions in Section 86-2.14, "Testing", of the Standard Specifications and these special provisions. Testing of the controller units, auxiliary equipment, and cabinet, fully wired, as prescribed by Section 86-2.14 A "Materials Testing" of the Standard Specifications, will not be required. However, the controller units shall be of a model. that has successfully passed the fUnctional, operational and environmental tests performed by a State of California Testing Laboratory. Functional Testing shall conform to the provisions of Section 86-2.14 C, Functional Testing of the Standard Specifications except the functional test for the traffic signal system shall consist of not less than 5 days of continuous satisfactory operation with each Type gO controller unit for a total of 10 days satisfactory operation. The contractor shall change controller units after the first 5 days of continuous satisfactory operation. 10-2.09 PAINTING -- Painting shall conform to the provisions in Section 86-2.16, "Painting", of the Standard Specifications and these special provisions. SP-13 . . II . . . . . . . . Paint for application in the field, including Zinc Rich Primer for repair of galvanized surfaces, will be furnished by the Contractor as provided under "Materials" of these special provisions. 10-3 CONTROLLERS 10-3.01 SOLID-STATE TRAFFIC ACTUATED CONTROLLERS -- Solid-state traffic actuated controller units, cabinets, and auxiliary equipment shall conform to the provisions in Section 86-3, "Controllers", of the Standard Specifications and these special provisions. Two identical controller units shall be furnished. The controller units shall be Type 90 having two SP Phases. The cabinet shall be Type "M". Section 86-3.06B(2d), "Termination of Green Timing", of the Standard Specifications is amended by the addition of the following as a second paragraph: The controller unit may be equipped with a feature (Guaranteed Passage Time) to extend the green interval for a length of time equal to the difference between the reduced gap and the passage time. If this feature is provided it shall be capable of being omitted without internal circuit modifications. Type 3 detector disconnect shall conform to the following: Type 3 detector disconnect shall operate as specified for Type 2 disconnect except calls shall not be placed after a preset period (adjustable from 0-30 seconds) of the phase green has expired. The same timer shall limit all calls on one phase. With Type 2 detector disconnect, a call shall be placed on its associated phase when the detection area is occupied and the phase is red. The call shall be held, after the phase becomes green, until the detection area becomes empty. After the detection area empties, no further calls shall be placed until the phase is again red. The convenience receptacle shall have ground-fault circuit interruption as defined by the Code. Circuit interruption shall occur on 6 milliamperes of ground-fault current and shall not occur on less than 4 milliamperes of ground- fault current. The Contractor shall arrange to have a signal technician, qualified to work on the controller and employed by the controller manufacturer or his repr.esentative, present at the time the equipment is turned on. 10-4 TRAFFIC SIGNALS AND FITTINGS 10-4.01 SIGNAL FACES AND SIGNAL HEADS -- Signal faces, signal heads and and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Sections 86-4.01, "Vehicle Signal Faces", B6-4.02, "Directional Louvers", 86-4.03, "Backp1ates", and 86-4.06, "Signal Mounting Assemblies", of the Standard Specifications and these special provisions. SP-14 . . ~ " . . , ~ lit . . , All mast ann signal faces shall be 12". All signal faces shall be equipped with backp1ates. 10-4.02 PROGRAMMED VISIBILITY TRAFFIC SIGNAL ADAPTERS -- Programmed visibility traffic sig"a1 adapters shall confonn to these special provisions. Each programmed visibility traffic signal adapter shall consist of a tubular housing, an optical system, a lamp and an electronic dimmer. Each housing shall be provided with an interface ring to permit its mounting on a standard 8-inch signal section. Housing diameter shall be as required to fit the signal section. Material for the housing shall conform to the require- ments in ANSI Standard: D 10.1. The interior of the housing shall be finished with 2 applications of Enamel; Traffic Signal, Lusterless, Black, Section 91-4.01 of the Standard Specifications, and the exterior shall be finished with 2 applications of Enamel; Traffic Signal, Dark Olive Green, Section 91-4.02 of the Standard Specifications. All access openings and the junction between the housing and the signal section shall be sealed with weather resistant gaskets. The optical system shall be designed so that the optical axis is directed 5 degrees below horizontal and so that the projected signal indication may be made selectively visible or veiled within 20 degrees of the optical axis. The projected signal indication shall confonn to the requirements of ANSI Standard: D 10.1 for dimensions, light transmittance, color, and sum phantom. When measured about the axis of the adapter, annular cand1epower distribution for an unmasked unit with a yellow lens shall be as follows: Degrees from Axis Minimum Cand1epower o 5 10 15 20 465 340 260 150 15 Values for a green lens shall be at least 38 percent of the above values and values for a red lens shall be at least 19 percent of the above values. The lamp for the unit shall be a 116-watt, 120-vo1t, 8,OOO-hour rated life, inside frosted, A-19 traffic signal lamp. Lamps shall be furnished by the Contractor. The electronic dimmer shall be designed to control the green section of a 3-section signal face. The dimmer shall provide full voltage to the signal section under an ambient light level of 1000 or more horizontal foot-candles. It shall reduce lamp voltage proportionately so that an ambient light level of 30t20 horizontal foot-candles the signal map output is reduced to 25 percent of rated. The dimmer shall provide electrical isolation of the signal circuit to be controlled and the circuit shall have a rating of 150 watts at 120 volts;': The dimmer shall be designed to attached to a conventional traffic signal face using available fittings, and its electrical connection shall not require the use of any additional electrical components or devices. The dimmer shall operats over anoapplied voltage range of 95 to 130 volts, 60 Hz and a temperature range of -40 C. to 70 C. SP-15 . . 10-4.03 DETECTORS -- Detectors shall conform to the provisions in Section 86-5, "Detectors", of the Standard Specifications and these special provisions. Sensor units shall be Type B. Sensor units shall operate on the "sequential scanning" principle -- only one channel exciting a loop/lead-in system at anyone point in time -- and shall provide for channel-to channel automatic digital processing of loop inductance data over four (4) channels of operation. . "Cross-talk" between channels of the same sensor unit shall be eliminated within the unit by sequential scanning of the four channels. The sensor units shall in the event of a broken loop or lead-in on a channel, cause that channel to place a continuous call. A separate channel shall be provided for each lane. . Loop detector lead-in cable shall be Type B. The Contractor shall test the detectors with a motor-driven cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor-driven cycle through the response or detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour. The detector shall provide an indication in response to this test. 10-4.04 PEDESTRIAN PUSH BUTTONS -- Pedestrian push buttons shall conform to the provisions in Section 86-5.02, "Pedestrian Push Buttons", of the Standard Specifications and these special provisions. . 10-4.05 PEDESTRIAN SIGNALS -- Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian Signals", of the Standard Specifications and these special provisions. . . . . :. , I . Pedestrian signals shall be Type C. The following type of screen shall be provided on the Type C signals: A 1 1/2-inch deep eggcrate type screen either of 0.020-inch minimum thickness 5052-H32 aluminum alloy or of 0.030-inch nominal 'thickness po1ycarbonate. The assembly shall be mounted in a frame constructed of 0.040-inch minimum thickness aluminum alloy or po1ycarbonate. The vertical spacing of the horizontal members shall be 1/2 inch starting approximately 1/4 inch above and ending approximately 1/4 inch below the "DON'T" and "WALK" legends respectively. Additional members may be employed outside the 2 legend areas for structural strength. SP-16 1----: . . . . The eggcrate type screen shall be installed parallel to the face of the "DON'T WALK" message and shall be held in place by the use of stainless steel screws. The hood described in Section 86-4.05C, "Vi s,l')rs II , of the Standard Specifications may be omitted with the eggcrate type screen. The screen and frame shall be anodized flat black or may be finished with flat black enamel as specified in Section 91-4.01, "Enamel; Traffic Signal Lusterless Black", of the Standard Specifications. Said enamel shall be applied in the shop at the Contractor's expense. Alternate methods'may be substituted for the above screening providing the results are equal to or superior to those obtained with the above specified screens as determined by the Engineer. 10-5 LIGHTING 10-5.01 LUMINARES -- Luminaires shall conform to the provisions in Section 86-6.01, "High-Intensity-Discharge Luminaires", of the Standard Specifications and . these special provisions. . . . . . . .. The luminaires shall be high pressure sodium, General Electric M-400 A cut- off Powr/Door or approved equal. The lamps shall be 250 watt, high pressure sodium wired for 240 volt operation. The complete integral ballast assembly (including ballast, capacitor, and lamp starter unit) shall be mounted on a separate component of the luminaire, and shall be readily removable from the luminaire housing by means of a quick-disconnect electrical plug. Glare shields are not required. 10-5.02 BALLASTS -- Ballasts shall conform to the provisions in Section 86-6.10, "Ballasts", of the Standard Specifications and these special provisions. Integral ballasts shall be provided. 10-6 PAYMENT 10-6.01 PAYMENT -- Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications and these special provisions. SP-17 !. . AGREEMENT CITY OF SAN BERNARDINO . This Agreement, made and concluded this 6d!- day of .l7c~'j(~1- , 1979, between the City of San Bernardino, party of the first part, ..c;+eln~ Avt~ C~Y\1~V1C. , Contractor, party of the second part. Article I - Witnesseth, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, said party of the second part agrees with the said party of the first part, at his own proper cost and expense to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to complete in good workmanlike and substantial manner the INSTALLATION OF TRAFFIC SIGNALS AT MILL STREET AND PEPPER AVENUE, AND WIDENING PORTIONS OF MILL STREET AND PEPPER AVENUE, in strict conformity with Plans and Special Provisions No. 5513 on file in the office of the City Engineer, and also in accordance with Standard Specifications for Public Works Construction, 1979 Edition, Standard Specifications, State of California, Business and Transportation Agency, Department of Transportation, dated January, 1978, and Standard Plans dated March, 1977, and the General Prevailing Rate of Per Diem Wages ascertained and determined by Resolution No. 5718 of the Mayor and Common Council of the City of San Bernardino, which said Plans, Special Provisions. Standard Specifications, Standard Plans and General Prevailing Rate of Per Diem wages are hereby specially referred to and by such reference made a part hereof. Article II - The Contractor agrees that all workmen employed by him or by any Subcontractor under him will not be paid less than the prevailing rate of Per Diem Wages prescribed by Resolution No. 5718 of the Mayor and Common Council of the City of San Bernardino, and any and all amendments thereto. Article III - And the said contractor agrees to receive and accept the following prices 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 the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of San Bernardino and for all risks of every description connected with the work; also for all expense 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 Specifications, and requirements of the Engineer under them, to-wit: . . . . . . . . 'T . . - . . , PLAN NO. 5513 DESCRIPTION OF ITEMS WITH UNIT rEM QUANTI TV UNIT UNIT PRICE WRITTEN WORDS PRICE TOTAL 1. Lump Sum L.S. Clearing & Grubbing at the tiS $;; 90Q QS} Lump Sum Price of 0/>'..1 TitouSAMO tV/,I/F, fllIN () 12 OJ f)(1((jlfi S '-. Lump Sum L.S. Unclassified Excavation at the ~6; 7.20- 09- (1,558 Cu. Yds.) Lump Sum Pri ce of S / V tis Z~USAN~~r,V;.~ <' /lrlM(}Nq I NTY c.i.,.) _ '. 2 C.Y. Portland Cement Concrete (Curb, Gutter), Type "B", at ,$ 4"a? 02 $'gOo. 09- FOUR IlmJ'{},9,o.D fJo{c..I1R0 per. cu. yd. . . Lump Sum L.S. Finishing Roadway at the Lis $650. o~ lump sum price of 8IJ( !YoN n12 t/) PI F' T Y {.JO{Ui f5 . 325 Ton Aggregate Base at Ii 7, i!2 $~ t;05, qg.. ~J~M f!;U-~RS. . Y (1 VI'> 'per ton 200 Ton Asphalt Concrete (Type 1) including Resurfacing, A.C. .j'33. s:9. 1/ 6. fD? 00 Dike, A.C. Sidewalk at ;;;--- rlYJ/)TY-THRcF~ I {)(JU.,ARS. fIFTY (lENTS , per ton Lump Sum L.S. Install .Traffic Signals and II I.j 6; :2 So. qg.. Highway Lighting at Mill Street 1-/5 and Pepper Avenue at the Lump Sum Price of 'i-tJR1'/-S/J( ,HO()SrfNO nvo HUII(;Rf() fltYlITY mall.l?S Sod -CON7~AC70/.(: l(IUUSIOc (-DNS1/UJ(!TIOAJ ('0. TOTAL .I7E/>15 / TflR.OVC-1-I 6 It 65: '153-; rE- . NOTE: The unit price must be written in words and also in figures. CONTROLLER TO BE FURNISHED: Make SAFn,.QAN Mode 1 :2 2/) () - ,. . . . . . . . . . . . Article IV -- The said party of the first part hereby promises and agrees with the said contractor to employ, and does hereby employ the said contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselvps, their heirs, executors, administrators, successors, and assigns, do hereby Dgree to the full performance of the covenants herein contained. Article V - It is further expressly agreed by and between the parties hereto that should there by any conflict between the terms of this instrument and the bid or proposal of said contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. Article VI - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written. ATTEST: CITY OF SAN BERNARDINO ~41$ ~d- Mty C erk ~ ~ Approved as to form: ~MtL9 lty t rney By: TITLE: JAY E. PERRY, SECRETARY MAILING ADDRESS: :;:n AID. A~Dtt'It,A/<r' AilE lAs A^,(..~L.E<. fA qt)IJ/JLI , . PHONE NO. (2/.i) ~2-.7.nl l If I STATE OF CALlFORIIIA, COUNTY OF Los Angeles .1I1..llIlllllllnlllllllllllllllll....IIIIIIIII..IIIIIIII~ .. OFFICIAL SEAL i i KATHLEEN L. MALONE = 5 NOTARY PUBLIC. CALIFORNIA 5 : ~ LOS ANGELES COUNTY e 5 ", ,,,, M Commission Expires Nov. 11, 1980: f.111...~;;;II..II:lIlll....IIII..IIIIIIIIIIIIIUIIIIII.aiI ACKNOWlEDCiMENT-Corpontlon-WOICOth Fonn 22!-ft1Y. M4 f ss. ON before me, . August the undersigned, a Notary Public in and for said Jay E. Perry 2, State, 1979 .~ personally appeared . , known to me to be the Secretary of the Steiny and Companv. Inc. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. . ~ina:r~ , . . . . . . . . . . . . . (This affidavit shall be executed by the successful bidder. Bidder may execute the affidavit on this page at the time of submitting his bid). NON-COLLUSION AFFIDAVIT To the City of San Bernardino, State of California, Department of Engineering: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. . INSTALLATION OF TRAFFIC SIGNALS AND LIGHTING AT MILL STREET AND PEPPER AVENUE STEINY AND CaANY. INC. Bv: C),; I, ~ . :JAY E. PERRY, SECRETARY Signature of Bidder I , . Business Address Place of Residence Subscribed and sworn to before me this , 1979. day of Notary Public in and for the County of , State of California. My Commission Expires , 197 II STATE OF CAlIFORfiJA, COUNTY OF Los Angeles IIJllllllllllllllllunlllillnrUlllIUUfllnnnlllllum 5: 0 OFFICIAL SEAL :: 5 i~'~~i;;',^ KATHLEEN L. MALONE! - ". "--'.'~'1:) " - :: ~ S---;...;!i,\:J<'~I;: NOTARY PUBUC. CAUFORNIA :: - ,\\hft.1c'i. LOS II'c'LES ('QU"T'! - :: "-~$:'W, " ,I'"'''' _ ,i~ ~ = C'''1~'''T''';l;;''''' My CommisSion Expires Nov. 11, 1980: iilllllllllllllllllllllllllllllililllllllllllUlllllllllilli ACKNOW\.EDCIIEJlT-corpomiOft-Wolcottl FOI1Il222-Rev, HA ( \ ss. ON before me, August 2. 19~ the undersigned, a Notary Public in and for said State, personally appeared Jay E. PArry , , known to me to be the . Secretary of the Steiny and Comp..ny, Tnt' the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. I , WITNESS my hand and official seal. ~ ~/Ad-.-.. Notary Public in and for said State. . (This guaranty shall be executed by the successful bidder in accordance with instructions in these special provisions. The bidder may execute the guaranty on this page at the time of submitting his bid). . GUARANTY . To the City of San Bernardino. California: FOR Installation of Traffic Signals and lighting at Mill Street and Pepper Avenue The undersigned guarantees the construction and installation of the following work included in this project: Traffic Signal Controller Unit and Auxiliary Equipment Housed within Controller Cabinet -- Controller to be Furnished: Make .~fC~A~ Model ~ Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within 6 months after date on which this contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with is obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. . . . . . . STEINY AND ~ANY. INo. At: C)'I ~ t1 JAY E. PERRY, SECRETARY Contractor . a11a' -<I te , 1979 . . '.- . t' ~ i I ! .~t j ~,J! d, [it ~~rp~ ~ I I ~~" j . ~~ ~H.-" ~ ~, "q"~~~ .;,1 . e " J; h B ' I '" ~ ~ ~ ,~ "00 'l ~~ .~~ ;;. ~ ~ · t ,~ !" ~ c: l? 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N......~... <dID ..:I'" <::i~~ ........c,..t)()~<~c::ic:iQ 1:1.... !riM,... ,... ,... ~ malal'" (Jl ...,...,... ,... "'<I <I <I 1Ij'l.I:x<l<:l"'.tllj.....""''''VI\tl1lj a'-'l~ ~ Sl i:i~<l.IU U U U uuu'~ U ODOS\C 00 0 0 olHloDCIWooooOOolloOo 0 0 000[100 0 0 0 onon 0 00000 . . . GENERAL NOTES' ~ I CURING COMPOUND SHALL BE srRAYEO UNIFORMLY ON At. L fXPOS SURFACES PRIOR TO EVAPORATION ~__ OF SURFACE WATER EXPANSION JOINTS AT END OF I RETURNS & STRUCTURES WEAK END PLANE JOINTS EVERI' 10 FEET OR (TYPE AS INSTRUCTED 30%" --I 'r~t~ ~'lk;1 fl., 1.Q.'1/4' ---.1" ,_ I Q.'~' I . . 18" "e') 11.3/4' Slope I: IS . 00 . 0.057 eu. yd per/L;n.F+. 1- ~ :s . TYPIC AL 5ECTIOt+J. Rec. CUI2B 4 GUTTEI2 . 1- ~ 3G)' IB' -r--' , '", I ~ 18' ~ l?' 3/4-"........ .I ,. !Z 0 3,4- .; ~o . 0.072 co yd. per-/Lin. Ff. to I, . ~ .... . TYPICAL SECTION M RCC. C120S5 GUTTEI2 . R.~'''''' ,,'..R=,.~' ~" 4 . " ,,'R.3/~' FLAT.. 0.031 cu. yo. pcr/lIn.FI. 'N -.... (TYPE "A' I ~ . .. (TYPE"E1 . ..-Rl:IZ" '!l/ Q.067cu.,d. per/Un. ft. . NOTE' TYPE"E" CURB USED ONLY UNDER LIMITED CONOITIONS APPROVEO BY THE CITY ENGINEER. . TYPICAL SECTION QW U8B. Rev. Z SV /Va. .I."'?,{' . RE\I. I {'.V^,8 TYPE A':E" APPR ~ TYPICAL SECTION I!c.c. CURB . . J,...._...::;.:..L::.l~,_ _A"..~r-7!J .~~ '< ~ ~_~ ~ 111'-/;'-;;.} ~~y---~. CITY OF SAN [')!'['I\A12DINO . pUBLIC. WOR1,S DEPT. TYPICAL SECT;Ci'J ~CU12t) GUTTEt2 4 C[2055 GUr-ic12. ,<~ "',::rf!- APPIZOVED - - ,i~ly:1J.>7-,19 ~~ c.11,-} . . . / -0, -<. ---.----J...___~ /..-t,n ..&..~__ Cl TY ENGINECI2. .5TANOARCl N$!. Z()C} GUICr!. Ll~ez& FOl2. TZAMPIf\JG'J CUC!!>:, A"'O SIDt!WAl..~~ Min. Acceptc,ble. 8'. I (I) 45" 31;;" - 4:1. ~8"{M~X)('l.) Desire-...ble 12;\ C;O" 45" 6:\ o Slopd at I2"""""P5 Widi'h of l20mps .!ot Top Width of Romp aT Gutter Line .r.!onsition Slope bt- Curb Fbce (X'Slope) Lip ~t Gutter- I2.c.-np5 51,..,1\ r",,,,..;ve b he...v',! broom' finish, tr..verse to the .,xis or the r"mr in order too indicate... cho!>n9'" of Texture f"or blind persons ~ to mbke them b5 non-slip bSo pose;ibls. " I2b"'ps should h.e.ve no ..brup" chon"Jes in elevbtion or bn91e or slope.. . 'The number of rl:lmps "t ~h corne!", ideC>Il'J should be. two (2), or>e 6djbCe.rrl- . +0 ebch beqinninq of curb return. . '.\; . .... . , '.'. (I) I2bmp slopes rnb';J ",,,cooed 1>: I to 20. mbximum or G: I when eircumstb....ces preclude the Insi'",llatian of roN"'pS bt I ~ 8 or less. ('1.) If 0. lip et .the bor~om of.!o n!lmp is ebs<:lutell) ,..,.,ceSScrt,l iI' s,:>ould be. th~ _ smbllest hp pOSSIble. I>nd under no clrcumsl..,....ces should It ""'ceed 0/8 Orb,.., inch.. ' . .~_ + /' /' r -, -.' , 1-IA~Ot CAPI='G':O I:Z.AIv1~ 1 Construct ...t ,,11 in~ersed.ion,o, ll~; Ii",e I" in I'Z" slopes ~nd broom Vin; sh. A1i9n rb,..,..,pS wOOd-I-> c.~nh"r or X. W...Jl<,s . :' : <x: w~l", ., ~ A ... Curb 'r .' R~y,;"<",, .s/o.,d~,.d No . ,. ..... ,,(1.' I, l -~f.M()VCD Noh A/L.)i.JIN& Cow,r. -'>- ,," '^ ''i.--' or O'vLY ()NO:: hANP. ' ~ ~j_ C-.Ooo REVISION /If'l'RDVED Dtln: IClTV OF SAIJ ll~fZ!\JARVIlJO . Pi.J~L I C "ORK~ DE p~oo ~ 1Z~~!vtPll\.?G OF ICU120 ? 5JDEvVALl" ArrROVEO STANDARD 'l.--,", 1975 No. q. ;t~-1_,j.:"!:LY zo.s _ CITY DJGltJECR, , . 1 . I .. \_-" r- . . ORDINANCE NO. 1879 AN O)lDINANCE OF TilE CITY OF SI\N BERNARDINO REGl LATING TIlE CUITING OF PUBLIC STREI<..iS, ALLEYS, mURTS, AND PLACES WITHIN TilE CITY OF SAN BERNAR- DINO, OR MI\KING ANY KIND OF EXCAVATION TIlEREIN, AND REPEALING ORDINANCE NO. 540, AND 1814 AND AMENDATORY ORDINANCES. TilE MAYOR AND COMMON COUNCIL OF TilE CITY OF SAN BERNARDINO 00 ORDAIN AS FOLLOWS: . SECTION ONE:: Definitions for the purpose of this article. . (a) The following words and phrases are definitions and shall be con" strued as hereinafter set forth, unless it shall be apparent from the con- text that t ey have a different meaning. "ASPtlALT STREET" shall mean any street the surface of which is pav'ed with a m,xture of rock, sand, and asphalt cement, including any of those which are conunonly known such as sheet asphalt, asphalt. and asphaltic con.. crete pavement. "CONCRETE STREET" shall mean any street paved with Portland cement concrete. "ROCK AND OIL" shall mean any street the surface of which is composed of macadam pavement, or a'mixture of rock, sand, and either road oil or liquid asphalt, having a total thickness of more than one inch. "OILED STREET" shall mean any street the surface of which is composed ofa mixture of one or more spray coats of road oil with sand, compressed rock, or decomposed granite, having a thickness of one inch or less. "UNIMPROVED STREET" shall mean any street the surface of which is com.. posed of dirt, soil, sand. gravel, decomposed granite, or similar materials in their natural state or a surface of inbound of water~bound gravel, or decomposed granite. . . "CONCRETE GUTfER" shall mean any gutter composed of Portland cement concrete. I I I . , . i "CONCRETE DRIVEWAY" shall mean any driveway paved with Portland cement concrete. "CURB" shall mean any curb constructed of Portland cement concrete. "DANGER SIGNS" shall conform to the requirements outlined in the cur- rent, or hereafter amended, "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work Upon Ili~hways" of the Department of Public Works of the State of California. "MANHOLE" shall mean any surface structure whi ch is part of any unt er- ground system such as sewer, storm drain, water, gas, ground pipes, or wire system, and shall have a surface cover with an exposed area of l~ square feet or more. - 367 - in tne \,,11,1 .,..."'....-- -- otherwise. SECTION TWO: Notice to Disconnect or Remove. (a) Whenever the Street Superintendent shall determine that it is reasonable and necessary that any property located in or under any pub c street, or public lace, in this City. owned. maintained, or controlled y any person,be temporarily disconnected, an~ reco;nected. or perman~ntlY moved re~located. or I'emoved from any publIc street., or other publIc ,I ce, in order that the City, or other Governmenta~ Agency. or In.t~umental.ty may mos economically, under modern engineering nd construction meth~d install construct, build. or erect any public improvement" or, works. In or under any public street: the Superintendent of S;reet~ shall glve writ en notice to the person owning. maintaining, or controlling such property, to move, re-Iocate. or temporari Iy disconne(';t the same, as may be determined by the Superintendent of Streets. (b) Contents of Notice, Prosecution of Work,."Such notite shal~ ide~- tHy and refer to the property to be moved, re...loc~ted, 0: l.emporanly, IS" connected. When re-Ioc,ating of any such property IS requned such ,T:.O Ice shall designate the location in or under any public street or publiC p~dC~ to which same shall be removed. It shall be the duty of such person WI hln sixty days after the giving of such notice, to begin moving, Ie-.locat ng, or disconnecting the property designated in such n~tice: and t~ prosecute su h work diligently to completion, Nothing conta~ned,ln Section Two shall apply to any implovement work, or works done by thlS Clty, or other Gov:rn- mental Agency, or Instrumentality, other than in the Governmental capacity. (c) All Work to be Begun and Completed Diligently, No person ~~ning, maintaining, or controlling any property located in or ~nder any pub lC stIeet, or public place, in this City shall neglect, fall, or refuse to . begin the work of moving re,locating. or dis~o~nerting sur~ propert withln sixty days after the giVing of such wr ttcn notJce by the C.ty to do so as ..360 . - 368-A - . . . . . . SECTION THREE: Power to Regulate: (a) The City shall adopt such regulations for the location, size, and depth of the excavations as it may deem necessary for public welfare, (b) Whenever an excavation is made by tunneling under the surface of the street, the City shall adopt such regulations, and require such inspec- tions, as it may deem necessary to insure full compliance with the other sections of this Ordinance. SECTION FOUR: Costs: l ,I (a) The decision of the City as to the cost of any work done or repairs made by it, or under its direction, pursuant to the provisions of this Ordinance shall be final and conclusive as to such costs. The costs shall not be less than the charges set forth in the schedule of charges in Section Five hereof, which is based upon a compilation of average costs. In the event any portion of the costs exceeds the applicable charge set forth in the schedule of charges, such portion of the costs shall total such charge plus the additional actual cost to the City. .The costs shall also include any actual cost or expense to the City .though not specifically set forth in the schedule of charges. (Section Four as amended by Ordinance No. 2742) (Adopted May 9, 1966) SECTION FIVE: Permits: (a) Every permit for any excavation in or under the surface of any street shall be granted subject to the right of this City, or any other person entitled thereto, to make reasonable use of that part of said . street for any purpose for which said street may be lawfully used, consistent with the excavation made pursuant to such permit. . . . . (b) No material shall be removed from any street in such manner as to render such street impassable or dangerous to public travel. , (c) No person shall make excavation in or under the surface of any street, or sidewalk, for the installation, repair, or removal of any pipe, conduit, duct, or tunnel, or for any other purpose except the installation of poles and anchor serving overhead lines without first: (1) Making and filing a written application with the Superintendent of Streets a minimum of 24 hours prior to starting any excavation, except any person, or firm, holding a public utility franchise in the City of San Bernardino, may, for emergency purposes only, make and file a written application during the next business day following the making of such emergency cut or excavation. (2) Receiving a'written permit from the Superintendent of Streets. (3) Making a deposit to cover the cost of installation. A. Inspect ion. - 369 - . B. Restoring the street or sidewalk to its original condition. . C. Incidental expenses in connection therewith, as hereinafter provided for. (d) intendent Before issuing any permit provided for in Section Five the Super- of Streets shall require: . (1) A written application be made and filed with the Superintendent of Streets which shall state: A. Name and residence, or business address of applicant. . B. In detail, the proposed location and area in approximate square feet of such excavation intended to be made and used. C. A plat, in duplicate, on 11" x 17" sheet, using minimum scale of one hundred feet to the inch, showing: 1. The location of proposed excavation. . 2. The dimensions thereof. 3. Such other details as the Superintendent of Streets may require to be shown on the plat. . a. No plats shall be required when excavations are made for service connections; locating or repairing existing under- ground installations. I I I I I (e) The applicant must show, for the purposes mentioned in the appli- cation, legal authority to occupy and use the street, or sidewalk, wherein the excavation is proposed to be made. . (f) No person shall make any excavation, install or maintain any tank, pipe, conduit, duct, or tunnel, in or under the surface of any street, or sidewalk, at any location other than that described in the application, and shown on the plats filed by such person as required in Section 5, Sub-Section (d). Any deviation in location necessitated by actual field conditions shall be corrected on final plats required by Section 12. . (1) The Street Superintendent may require such surveys as may be deemed necessary to insure full compliance with this section. . (g) Special Deposits - When the application to excavate and the details shown on the accompanying duplicate plats (when such plats are required) comply with the terms of this Ordinance and the regulations of the City, the application and duplicate plats may be approved by the Street Superin- tendent. After such approval the application and one of the duplicate plats shall be filed in the office of the Street Superintendent as a public record, together with either a Surety Bond, as provided by Section Five Subsection (h), or a special deposit to cover the cost of repairing and resurfacing the public street, alley, or public place< in accordance with the following schedule of charges for replacement and repair of street surface excavated or damaged. Such repair or resurfacing shall be performed by the Superin- tendent of Streets or his authorized agent. t I i i I I I ! I I I I I . . . : I iI . SCHEDULE OF CHARGES Per Square Foot Cut .!::.ll 16-100 101-500 500 or over (1) For any unsurfaced street Minimum charge $5.00 .02 .02 .02 .02 (2) For any surfacing under 1~" Minimum charge $7.50 .45 .25 .25 .25 (3) For any surfacing over 1\;" Minimum charge $15.00 2.00 1. 50 1.25 1.00 (4) For any sidewalk Minimum charge $15.00 2.00 1. 50 1.25 1.00 (5) For any gutter Minimum charge $15 . 00 2.00 1.50 1.25 1.00 (6) For any curb- Per Lin. Ft. Minimum charge $15.00 2.00 1. 75 1.50 1.00 (7) The above schedule of charges shall apply to the total footage in anyone project whether the cut is parallel to or at an angle from the center line of the street. , I I ! I . . t , I I I . . (8) Charges shall be based on the actual area cut in each class of surfacing as outlined in Section Five (g)(l) to Section Five (g) (5) inclu- sive. Areas of di.fferent classes of surfacing will not be combined to determine unit charges. Minimum charges will be used in each case where quantities so indicate. i i ~ .1 I . . (9) For any prospect holes $ .15 each, provided however, that when the application for a permit to drill prospect holes is filed by a utility company, the company may make immediate repairs with its own crew at its own expense in accordance with the requirements of the Street Superintendent, if permission is requested when the application for the permit is filed. A minimum charge of $1.00 shall be made for the permit when the utility company requests and receives permission to make its own repair to prospect holes. . (Section Five (g) as amended by Ordinance No. 3107) (Adopted August 31, 1970) . (h) Surety Bonds - Any person intending to make any excavation in any street, or sidewalk, may file, and maintain, with the Street Super- intendent, a Surety Bond in favor of the City of San Bernardino, which shall permit the issuance of permits, and be used for the same purpose as the Special Deposits required in Section 5, Sub-Section (g). All bonds permitted by this Section must be executed as a Surety by a corporation . . - 371 - r ;. I ! t I !e authorhed and admitted to engage in tbe busineu or. and act al Surety, upon luch bondo pursuant to the lawl of th~ St~te of California. Such bond I Ihall be approved al to form by the City Attornev. and.. to ~uff1ctency by the Street Superintl!ndenr. e (1) Peuons HUns a Suroty Bond witb the City for Itreat cutl .hall not be nquired to make the Spoc1al Dopo,it provided for in Section ~. Sub-Section (g). but oball be required to file a written appli- cation for the permit for each such excavation, and file duplicate plats .bowlng the location thereof, and comply with all of the other provhions of thLI Ordinance. I ~ (2) The Surety Bond shall be in an amount equal to the charges for the estimated quantities on the pl'rmit, plus twenty-Uve per cent. . e A. Whl'ther t hI' work to bl' done I a cm'ered by a Spec t.a 1 Deposit. or a Surety Bond, and If a Special Derosit the amount thereof shall be stated. for which the permit shall be a receipt. i I I ! > I I I I t f t 1 I (Section FLve, Sub-aec. (h) as amended by Ordinance No. 2274) {Adopted September 28, 1959) (1) Upon receiving a written appl.t.catLon. and one of the duplicate plats. as hereinbefore required, end elthl'%: a Spl'cial Deposit or Surety e Bond, thl'. Street. Superintendent may iRsue a strl'l't cutt ing permit, pro- viding ell other requirements .of t.his Ordlnance are complied with: (1) Permit sha 11 eped fy: B. The person to whom aam~ 19 iiaued. . C. The alceet, or ~ldew~lk. and the particular portion thereof to be excavat ed., D. Tl1e sU.decl' a'rea, In 9quare feet, which '1I9y be cut for the eXC~'19t Ion... . (~) No person shall fall to keep the original permlt, or copy thereof, at sll times for cutting 9treet9, C'r makln!! eXC<l1,'st Ions, at the loca- tion for whfch Buch permtt W!l~ graf1ted. whIle ~uch work Is In progress. (j) The Stre~t Superlnt~ndent shill 1 no~ [SYUp an.v permit unless the -ippllcanc hss legal authot fty to occ'JP:', a...d u.e, for the purpose men.tloned e In th~ applLct1.t lon, the street, or sldew911<, coverpd by 9ald application. fk) Notwithstandlng any provLslon In chis ordlnance to the contrary, 4 contractor who has been awarded a competltlve bld by the City (or a pub lie project lnvo tv fng 9t reet exc8velion or cutt.ing shall not. be required to fLle !l bond or a special deposit under Subsect Ion (g) to covet. the cOSt e of repaLrt.f1g or repLacement of street BuTface pxcavated or damaged, pro- vIded that his bld document!! or contr-acr require' that he perform scch strl'e! repair or replacement as a part of the awarded project and that he doe, so perform In a manner s8tlsfactory to the Superintendent of Streats ind Ln accordance with each and every other provi91on of this ordinance. (Sect.1C'n Five, Sub-sec. (k) as added bv Ordinance No.. 2910) . (Adopted May 20, 1968) - 372 - 1. I i I. I I . . . . . . . . . . SECTION SIX: Du['at.ion,..,f Sr.H'C'- CuLr.:i~g Permits. : I II i I (.'l) E',ery pet'lull iq~ucJ IJnd(~r till' pro"I'~;l(\n':.' fI( '. ilL, Or."Jino'"((" ~h,d' become aud "hI? "oid \Jnl('~s the ('.XC.:.N",t lOll be rtl'Jde phr-:iu:J."t ,- hcre'.o, lltl,j comp1l'lf.'d within ~lxt.Y thys: of the d'lt.'" of tIll' Is,.. lee of "ueh permit ,. and tl", work dccml'u p'('~ccutcd to ccmp)Pli.o,." a". require'J by :I,i~ Or:Ji"l3nc(,. i I i , I ! I I I I I (b) The S~:!'e('t Superlnt.endent llI~Y gt'a:1t an ('Hens ior, (){ t tmc for a per'iod not excc('ding thirty days for tne pe~'fotm..nce of ~uch w",'K, and the refilling of such excavation, whenever it. io deemed tha,': good cau"e exists the-r:eforn (c) If an.y such extension of time be g:ra.rJ;~a. h"Jcll pexmit "hall become and be void unless all work shall be done, a':lG s.!ch e"l\r.a-,H.ion be filled, in the manner required by th13 Or<iir.an:::e pr iot. ~.0 the expiration of such extension of time, (d) If any person shall fai 1, refuse, or neglect 1.0 refi 1.1 a."W excavation witllin the time tiescribed by the permir, chen ,he Cil-y shal.1 complete the refill.ing of the excava~ ion, and 'repair of pavement, in the manner.' required by this Ordinance, and the CIty shall !'e~,1jn thl' cest of such r-eUl I.lng, and repair of pavement., out: of any fundS of tl,e p"r.mLtee in its' possession, or may bill and c0lleet such CN:1 S fr0ITI t.hl' permit.'.ee. (e) Trr t be event any excavation is commencetJ or a pave,"en~' is cut. under circumstances requi.ring a pe':mir. by thi.s Od hanee f'r. icr lc tl-te issuance of ouch perml t, the St r.eet Super! r.t.ende"t sha..!1 immed ip..re I.y :>tOP such excavacion or cutting work and require the payment or the a '110 em'. 1'[ $100.00 or the same amount as the Special Depo;;:i:: re'r".it'e.i by Sectic.' Fi',-e Subsec~;i0'1 (g) hereof, which""er' is greater, befot'e issuing a Fermi!:. Said amount, but. not more than. $450.00 the:eof, sha.ll be ii per:alty which shall be forfeited (:0 the City of San Bern;:d i.nn, Thl~ p..n~l".y ,nall. be supplement.al and in addit ion to any or her per,." l.t.y, cb1.ig~t ier- C1" right provided by law or this Ordinance, Including the f~.ym~,,.,t co the City cf the costs of all work done or' repairs made by ie; provided t.h3.'. :.be St.reet. Superintendent. snaIl not requir'e the payment: of a Pi!n.l.ty i n ~:h,. Client, he finds tbat par.t of the exca\Talion or cutting wot'k ('f the projer.l. cC~\1rl'e1 in the unincc'rpor.aled area" that: the excav,':i{.ion' or co':.:t.ing wock \o1-:3.S ""cct done knowingl.y in the City withour. a pecmil a'1d. I.hat aft.H no'.iflc.nion the excavation or eut~.ing work in I. be City immediaceiy ee"sed 3r.~ a. permit was a.trained therefor. (Sec. Six, Sub-aee. (e) a, amend.ed by Otdin"n':e N0. 2.981) (Adopted April 14, 1969) SECnON SEVEN: Ch3rges Mad.e to Ot.her Cit.y Depan:menc~. I , , i , I ! I ! , ; In ca"e any exc3vation sr.all h3',e. been made undex the diree-.leT! and jurisdicti.on of any Governmental Agency of the Cit.y, G'~1;:":.'y, Sl~'e c-r Federal Government, all. of the street f'Urf3Ce exca""te1 or oa.m.~ged by reason of such exed"ntion shal.l be replace:! by '.1,,, S':1e"l SUJ:"ti'1':erl.i".,t, and chn'ge, therefore 5ha1.l be levled upon3nd paid bv rhe Govel:lme"l~i Agency making such exc.3vation, (Section Seven as amended by Otdin.3nce No, 208~) (Adopt cd DeC(>mhe r 5, 19.';5,1 .. 372.A - r . I i. I I I I I i. . '. . . . . . . , SECTION EIGIIT: Methods by Which Streets May Be Cut and Excavated. t ! , (a) Jt s~all be unlawful to use truck or vehicle mounted pav~men( breakers for the purrose at cutting or breaki',g any concrete pave",ent or subpa\lement on any publ.ic street or alley within said City. (Section Eight, Sub-sec. (a) as amended by Ordinance No. 2883) (Adopted February 5, 1968) (b) In making dny improved street or alley cut in excess of tineal fee,t. in length, an init ial cut of not less than 20% of the existing pavement thickness shall be made by either an asphalt or saw; said requirement shall be applicable only <a port land cement pavement on streets and alleys where the pavement is 2 1/2 inches in thickness. 12') I , ac~ual I I concreu' I , , conc!ete i or more ! (Section Eight, Sub-sec. (b) as amended by Ordinance No. 2883) (Ad9pted February 5, 1968) (c) Unless otherwise ordered by the Street Superintend~nt, the earth in all tunnels shall be cut to a "V" shape for the tull wi.dth ot the trench, having the point of the "V" at the center of the top of th(' tunnel, and the slo\,e of the "V" making an angle of not less than 45 degrees with the horizontal. (d) All. materials excavated shal.l be laid compact ly along the sides of the trench and kept. trimmed up so as to be as little inconvenience a' possibLe to pubLic travel. If the street is not wide enough tc hoid t'1e excavued materials wit"out using a part of tbe adjacent sidewalk, t"" person by who", such e"cavat ion is made shall erect a t igllt fence u\' and around such sidewalk, and shall keep a passage at at least four feet open and along suc" sidewalk. 1 I I I (e) All gutters shall be maint'iined free and unobstructed fo~ rhe full de{lth o[ the adjacent: curb, and for at least one toct in width from t.he face of such curb and gutter line. Whene";er a gutter cross,=s an intersection street an adtquate waterway shall be provided and at all time mai nta ined. (0 All installations placed under city streets sh~ll be b",ried thereunder at a minimum depth of not less than twO feet measured from the top of the lnst allation tC' the surface ot the streer i(lllllediare Ly above. (Section Eig\l~, Sub-sec. (f) as added by Ordina:1ce No. 208::;'1 (Adopted December 5, 1955) SECTION NINE: Refilling Excavations. (a) All excavations shall be filled in the following manner; (1) For pipe diameter ever twenty-four inches, the backfill to the spr i ng Ii ne of the pipe shall be ramped in layers as speci fled hereinafter. Above the spring line of the pipe over twenty-four inches in diameter, and in all other cases, the backfilling around the pipe sha 11 be carried up to a depth of one foot above the tap of the pipe by hand, with select material, free from large stones, . 373 - . or lumps, and thoroughly compacted by flooding, before additional backfilling is placed thereon. (2) Except as noted hereinafter, the backfill above one foot above . the top of the pipe shall be made in layers not more than five feet in thickness. and each layer shall be thoroughly flooded.. During the flooding water shall be allowed to flow slowly into the trench from high points, and shall he worked down to the full depth of the backfill with bars. All bars used shall be long enough to extend entirely through the layer being filled; they shall be force downward through . the loose backfi 11 materiaL and as withdrawn, the channel, or hole, formed by the bar, shall be kept open, and the water kept flowing into it until the fill has settled. Sufficient hose shall be provided in order to apply the water to a trench at intervals not to exceed one hundred feet. . . . . . . . (3) Whenever sufficient water is available, at a mInImum pressure of forty pounds per square inch, each backfill layer may be settled using water jets l~ inch in diameter, and of sufficient length to extend to the bottom of the backfill layer in such manner as to settle the back- fill thoroughly. I i , I I I I I I I I I I I I I I , i! . I I , , , i , I , , I , I I i , I , I (4) The final backfilling of the trench shall be kept one foot below the ex~sting ground surface for flooding. After such flooding, the backfill shall be continued to the surface, except where the street shall be immediately paved, in which case the flooding shall be com- pleted about one foot below the sub.grade level of the street. (5) In lieu of flooding, the Street Superintendent may require the excavation to be backfilled in layers not less than six inches, nor more than 18 inches in depth. Each layer will be moistened, and thoroughly tamped with suitable mechanical equipment before the next layer is placed thereon. (6) Backfilling excavations for special structures, manholes, and footings, shall be made in accordance with the provisions herein for trenches above one foot above the pipe. (7) After the backfill material has been allowed to settle, the ex- cavation shall be filled to one inch above the adjoining surface, and ,rolled until unyielding with a roller weighing not less than twelve tons, or with the wheels of one side of a loaded truck of not less than five tons ~apacity. (8) After the above mentioned operation on all roadways, or portion thereof,' having an improved surface other than dirt roadways, or parkways, the top surface of the backfill shall be covered with not less than one inch or more than two inches of pre-mixed bituminous material, and shall conform closely enough to the level of the ad, joining street surface, and shall be compacted so that it is hard and smooth enough to permit traffic to pass over at the legal rate of speed., (b) tory for accepted The permittee shall maintain the surface of the backfill satisfac- traffic until the excavation and the temporary surfacing has been and approved by the Street Superintendent; and the permittee shall . - 374 .. , Ie I ~ I , . . . . . . . . . . save the City of San Bernardino, its officers, and employees, from any and all injury, liability" cost., and expense, which the City of San Bernardino may suffer, sustain, incur, be put to payor layout, from any, every, and all action~ suits, proceedings, claims, and demands, which may be brought, made, or filed against the City of San Bernardino, its officers, or employ- ees, arising out of, or in any way connected with the operations covered by the permit, and until all excavation work shall have been completed to the satisfaction of, and accepted by the Street Superintendent. (1) The responsibility of the permittee to maintain the surface of the backflll satisfactory for traffic shall be limited to a period of thirty days after the temporary surfacing has been placed by the permittee, and the Street Superintendent notified in writing of the completion of backfill and temporary surfacing, except in those cases where the permittee is notified in writing by the Street Superinten- dent, prior to the expiration of the thirty-day period, that the work is unsatisfactory and defective. (Cl The Street Superintendent is hereby authorized to assign neces- sary personnel to inspect during the excavation and backfilling of street cuts and excavations and charges for such inspection are to be paid by the person, or firm, applying for, and making such street cuts or excava- tions. .. SECTION TEN: Traffic Crossings, Barricades, Etc.: (a) No person shall make any excavations in any street, or sidewalk, without maintaining safe crossings for vehicle traffic at all street in- tersections. alleys, and private driveways, and safe crossings for pedes- trians at intervals of not more than three hundred feet. (b) one safe trians. If any excavation is made across any street, or alley, at least crossing shall be maintained at all times for vehicles and pedes- (c) Free access must be provided and maintained to all fire hydrants and water gates. (d) It shall be the ddty of every person cutting a strect, or making excavations in or upon any public sneet. or sidewalk, or upon any other public place, to place and maintain at each end of such excavation, and at distances of not more than fifty feet along the line thereof. the following warnings and barricades: (1) Warning signs or barricade~ displaying words of warning in let- ters not less than four inches in height. the name of the person, firm, or corporation making the excavation shall likewise appear thereon in legible letters. (2) Lights shall be kept burnIng from sunset each day unti 1 sunrise the following day. (3) Such other additional warning signs, barricades, temporary bridges, watchmen, or any of the foregoing as the Street Superinten.. dent may deem necessary. and order to be installed, kept, and main- tained at such places to safeguard the public. .. 375 .. r- 1 ; if. , ' . A. The foregoing shall be maintained until the excavation is entirely refilled and resurfaced to the satisfaction of the Street Superintendent. B. in the event additional barricades warning signs. lights, or any of the foregoing safety measures are not Installed by the permittee, when required by the Superintendent of Streets, or If required by an emergency.. the Superintendent of Streets is authorized to install any. or all, of the aforementioned warning signs. barricades, lights, bridges etc., and charge the permittee for such installation. i l ! i , . SECTION ELEVEN: Excavation to be Done Diligently. . (a) After any excavation is commenced, the work of making and refill- ing the same shall be prosecuted diligently and continued until completion so as not to obstruct the streets, or sidewalks, or travel thereon more than is necessary. SECTION TWELVE: Maps to be Filed on Completion. I i I i I , . (a) Every person owning controlling. or having an interest in any pipe, conduit, duct, or tunnel, under the surface of any street, or side- walk, for supplying or conveying gas, electricity, telephone 1 ines water, steam, ammonia, oil, in. to, or from this City, or from its inhabitants, or for any other purpose. shall file in the Office of the City Engineer, within sixty days after the completed installation of any pipe, conduit, duct main manhole hand hole chamber, or other appliance, except a ser- vice, or service pipe installed beneath the surface of the street, or side- walk, a corrected set of maps or atlas sheets 11" x 17", as drawn to a minimum scale of one hundred feet to one inch showing the complete installa- tion of all special pipes and other appliances. .1 . . (b) Whenever any pipe, conduit, duct. or tunnel, or other structure, or the use thereof, is abandoned, except service. or service pipes, located under the surface of any street, or sidewalk, the person owning, using, con- trolling.. or having an interest therein. shall within sixty days, file in the office of the City Engineer a map giving in detail the location of such pipes, conduit duct, or tunnel, or other structure so abandoned or removed. i; I ~ . SECTION THIRTEEN: Manholes and Structures: (a) No person shall open or remove the cover of any manhole, vault. or structure in any City street. alley, sidewalk, or public place, or allow any manhole to remain open in. or upon any City street, alley, sidewalk, or . public place. without first placing. and at all times maintaining, immedi- ately adjacent to the opening of any manhole, and while such manhole remains open, at least two red fJags. or two danger signs. between one-half hour before sunrise and one-half hour after sundown. and at least two red lights between one-half hour after sundown and one-half hour before sunrise. All flags, lights and danger signs shall conform to the requirements outlined . in the current, and hereafter amended. "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways" of the Department of Public Works, of the State of California. . .- 376 .. SECTION SIXTEEN: publication--The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published three consecutive times in the San Bernardino Evening Telegram, a daily newspaper hereby designated for that purpose. SECTION SEVENTEEN: That Ordinance No. 540 entitled "An Ordinance regulating the cutting of public streets, alleys, courts. or places within the City of San Bernardino, or making any kind of excavation therein," to- gether with Ordinance No. 1874 and all amendatory ordinances thereto are hereby repealed. ~ I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meet- ing thereof held on the 3rd day of April, 1950, by the following vote, to- wit: . . . . . . . . . . . , II l ! II (b) The owners of any manholes, or other structures located in, or upon any City street, alley, sidewalk, or other public place, shall within thirty days after the date of receiving notice from the Street Superinten- dent that a. change has been made in the elevation of the street surface wherein their manhole, or structure is located, either raise, or lower, said manhole, or structure, to conform to the latest existing elevation of the street surface at their own expense. SECTION FOURTEEN: Penal Provisions. (a) Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $300.00, or by imprisonment in the County Jail not to exceed 90 days, or by both such fine and imprisonment at the discretion of the court. , I I I I II ! I I I I I I I fu) The punishment for violation of the Penal Provisions of this Ordinance shall be cumulative, and in addition to any other remedies set up in this Ordinance, and the enforcement of the Penal Provisions of this Ordinance, shall not constitute a bar to the exercise by the City of all other powers conferred upon it by this Ordinance; nor shall the exercise by the City of the powers herein conferred upon it by this Ordinance con- stitute a bar to criminal prosecution for the violation of the Penal Pro- visions of this Ordinance. SECTION FIFTEEN: Effective date--This Ordinance shall be in force and take effect from and after thirty days after its passage and approval. ; I . \ I . !, I f I ! : i ; I , . ; I AYES: Kirk, Hoien, Lord, Harmon, Pinckert NOES: None ABSENT: None JOHN n. OSBORN City Clerk I hereby approve the foregoing Ordinance this 4th day of April, 1950. - 377 - " r . . at Prepared and approved as to form H. R. GRIFFIN City Attorney . . . . at . . at . ,1A!,-r:.~.__~~ CUNNINGII.!I.L- Mayor 'If the Ci'.j "f San P,ernardlllo ..... r . . . . . . . . . . . . ORDINANCE NO. 1925 AN ORDINANCE REGULATING AND PROHIBITING LOUD, UNNECESSARY AND EXCES- SIVE NOISES IN THE CITY OF SAN BERNARDINO. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO !Xl ORDAIN AS FOLLOWS: SECTION ONE; It shall be unlawful for any person to make, continue, or cause to be made or continued, any loud, unnecessary and excessive noise whiclJ disturbs, offends., injures or endangers the peace, quiet, comfort, repose, health, or safety of any neighborhood or person within the limits of the City of San Bernardino. SECTION TWO: The following acts. among others, are declared to be loud, unnecessary and excessive noises in violation of this ordinance, but said enumer.ation shall not be deemed to be exclusive, namely: a. The 'sounding of any horn or signal device on any motor or other vehicle for an unnecessary or unreasonable period of time. b. Using, operating or permitting to be played, used or operated, any radio receiving set, ~usical instrument, phonograph or other machine or device for producing or reproducing sound in such a manner as to dis- turb the peace, quiet or comfort of neighboring persons, or at any time with louder volume than is necessary for the convenient hearing of the per- son or persons who are in the room, vehicle or other enclosure in which such machine or device is operated, and who are voluntary listeners there- to. The operation of any such set, instrument, phonograph, machine or device between the hours of eleven o'clock P. M. and seven o'clock A. M. in such 'a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. II I i ~ I r I ., 1 : I I I ~ I t I r I f. I I I c. Yelling, Shouting. whistling or singing in a loud and boisterous manner on the public streets so as to disturb the quiet, comfort or repose of persons in any office~ dwelling, hotel or other type of residence, or neighborhood. d. The keeping of any animal. fowl or bird which by causing frequent or long continued noise disturbs the comfort, quiet or repose of any per- son or neighborhood. e. The unnecessary or excessive blowing of whistles, sounding of horns, ringing of bells or use of signaling devices by operators of rail- road locomotives, motor trucks and other transportation equipment. f. The creation of loud and excessive noise in connection with the loading or unloading of motor trucks and other vehicles. g. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of any considerable number of persons or neighborhood. - 403 .. ... . . . h. The doing of automobile, automotive body or fender repair work, or other work on metal objects and metal parts, in a residential district, so as to cause loud and excessive noise which disturbs the peace, quiet and repose of any person occupying adjoining or closely situated property, or neighborhood. i. The operation or use between the hours of ten o'clock P. M. and seven o'clock A. M. of any pile driver, steam shovel, pneumatic hammers, derri ck, steam or electric hoi st, power driven saw, or any other tool or apparatus, the use of which is attended by loud and excessive noise, ex- cept with the approval of the Mayor and Co~non Council. (Section Two, Sub-section (i) as amended by Ordinance No. 2102) <Adopted Apei 1 2, 1956) SECfION THREE: There is excepted from the proVlsIOns of this ordi- nance the use of horns, sirens, or other signalling or warning devices by persons vested with legal authority to use the same and in pursuit of their lawful duties, such as on ambulances, fire, police or other governmental or official equipment; also, there is excepted in like manner such noises as are a natural accompaniment and effect of a lawful business, commercial or industrial enterprise carried on in an area zoned for that purpose. SECfION FOUR: If any section, sub-section, sentence, clause or phrase of this ordinance is for Iny reason held to be invalid, such holding shall not affect the remaining portions of this ordinance. The Mayor and Common Council hereby declare that they would have passed this ordinance and each . section, sub-section, sentence, clause and phrase hereof irrespective of the fact that any other portion of this ordinance be declared invalid. SECfION FIVE: Any person violating any of the provisions of this ordi- nance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500.00, or by imprisonment not exceed- ing six months, or by both such fine and imprisonment. i I I i ! I f , I . , f I , . . . . . SECTION SIX; All ordinances and parts of ordinances in conflict here- with are hereby repealed. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof held on the 5th day of November, 1951, by the following vote, to- wit: ! I I , I AYES: Kirk, Hoien, Duncan, Harmon, Kremer I I I . NOES; None ABS~Nr: None . dQ!jN H. _Q~~Q!!!'L City Cl erk I hereby approve the foregoing ordinance this 6th day of November, 1951. . gQ!!.C!E C..,_Jn~IR Mayor of the City of San-ne;';arfuO . - 401 -