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Home My WebLink About2008-397 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 (NOTE: BOUND AGREEMENT) - RESOLUTION NO. 2008-397 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO A WARDING A CONTRACT TO DOWNSTREAM SERVICES, INC. FOR CLEANING SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (SW-D 2007108), PER PROJECT PLAN NO. 12364. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Downstream Services, Inc., 2855 Progress Place, Escondido, Ca. 92029, is the lowest responsible bidder for Cleaning Sewer Siphons at Various Locations in the City of San Bernardino (SW-D 2007/08), per Project Plan No. 12364. A contract is awarded accordingly to said bidder in a total amount of $57,350.00, with a contingency amount of $9,150.00, but such award shall be effective only upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The City Manager is hereby authorized and directed to execute said contract on behalf of the City; the Contract Agreement is attached hereto as Attachment I and by this reference made a part hereof; the bid schedule is attached hereto as Attachment 2 and by this reference made a part hereof; a copy of the contract in its entirety is on file in the office of the City Clerk and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. III 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 2008-397 RESOLUTION. . . AWARDING A CONTRACT TO DOWNSTREAM SERVICES, INC. FOR CLEANING SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (SW-D 2007/08), PER PROJECT PLAN NO. 12364. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 20th day of October Council Members: AYES ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MC CAMMACK x , 2008, by the following vote, to wit: NAYS ABSTAIN ABSENT {/(~ ~. ('1~ City Clerk The foregoing resolution is hereby approved this ~hJ>i day of October ,2008. ~~ trickJ. Moms, or Ity of San Bernardmo Approved as to form: JAMES F. PENMAN, City Attorney .II)~ 2 01 c'/6INM L5 FILE NO. 3.7475-07108 COUNCIL MEETING - 10/20/08 ACCT.NO. 132-431-5505-7475 Resolution 2008-397 Item #11 CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12364 FOR fi CLEANING OF SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO ( SW-D 2007/08) t � QE' q .. 0, , = F f S 11 Nf'rl allo.54931 if7,4 CIVI\, (£ OF C■1.O� ..i DIVISION OF PUBLIC WORKS DEPARTMENT OF DEVELOPMENT SERVICES CITY OF SAN BERNARDINO DECEMBER, 2007 BIDS WILL BE RECEIVED UP TO TIIE }LOUR OF 2:00 P.M. ON SEPTEMBER 9 , 2008 .� (.r 4,/ �/ FILE NO.3.7475-07/08 ACCT.NO. 132-431-5505-7475 DIVISION OF PUBLIC WORKS DEPARTMENT OF DEVELOPMENT SERVICES CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. ONE FOR BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12364 FOR CLEANING SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (SW-D 2007/08) The Special Provisions for this project have been amended as follows: 1. DELETE Bid Item No. 2 — "I-215 FREEWAY at VIRGINIA STREET ' 2. REVISE Bid Item No. 3 — "6TH STREET at WARM CREEK/EAST TWIN CREEK" Description of work has been revised to ADD: "Including Locking Manholes at both upstream and downstream locations" ( See Special Provisions SP- 37) 3. REVISE Bid Item No. 4—"KENDALL DRIVE at DEVIL CANYON DIVERSION CHANNEL" Description of work has been revised to ADD: "Including Raising Manhole Covers 3'-0" and Locking Manholes at both upstream and down stream locations" ( See Special Provisions SP- 37) 4. ADD Bid Item No. 5 — "WATERMAN AVENUE AT TWIN CREEK CHANNEL" "WATERMAN AVENUE at TWIN CREEK, Including Raising of Downstream Manhole Cover to Grade, at the Lump Sum price" ADDENDUM NO. ONE PLANS & SPECIAL PROVISIONS NO. 12364 SEPTEMBER 4, 2008 5. The advertised Engineer's Estimate(Range Only) is revised as follows: IS: $80,000 to 110,000.00 WAS: $90,000 to 120,000.00 6. REVISED SPECIAL PROVISIONS— SP37 7. REVISED SPECIAL PROVISIONS— SP45 8. REVISED SPECIAL PROVISIONS— SP47, SP48 9. Location Maps added Waterman and Twin Creek Channel 10. REVISED BID SCHEDULE Plan No. 12364 ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO.ONE AT THE BOTTOM OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF THE SPECIAL PROVISIONS. BY: DATE: SEPTEMBER 4, 2008 . ROBERT EISENBEISZ City Engineer ADDENDUM NO. ONE PLANS & SPECIAL PROVISIONS NO. 12364 SEPTEMBER 4, 2008 ATTACHMENT TO ADDENDUM NO. ONE ADDENDUM NO. ONE PLANS & SPECIAL PROVISIONS NO. 12364 SEPTEMBER 4, 2008 BID SCHEDULE PLAN NO. 12364 CLEANING OF SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (SW-D 2007/08) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO . QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 1. 1 LS INLAND CENTER DRIVE at LYTLE CREEK 18" DIP - 270'+/-; 10" CIP — 270'+/- SEWER SIPHONS, at the Lump Sum price of Dollars gz Cents LS $ 2. DELETED 3. 1 LS 6TH STREET at WARM CREEK/EAST TWIN CREEK CHANNEL, 1-33"PIPE — 120' SEWER SIPHON, Including Locking Manholes at both upstream and downstream locations at the Lump Sum price of Dollars — ------- Cents LS $----------- 4. 1 LS KENDALL DRIVE at DEVIL CANYON DIVERSION CHANNEL, 1-24"PIPE—192' SEWER SIPHON, Including Raising Manhole Covers 3%0"and Locking Manholes at both upstream and down stream locations at the Lump Sum price of Dollars g� Cents LS $ 5. 1 LS WATERMAN AVENUE AT TWIN CREEK CHANNEL 1—21" PIPE—196.5' AND 1—30" PIPE—196.5' Including Raising of Downstream Manhole Cover to Grade at the Lump Sum price of Dollars ---------------Cents LS $TOTAL BID $ ADDENDUM NO. ONE PLANS & SPECIAL PROVISIONS NO. 12364 SEPTEMBER 4, 2008 8-1.03 CLEAN UP AND DUST CONTROL, -- Clean up and dust control shall conform to provisions in Section 7-8.1, "Clean Up and Dust Control", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. 8-1.04 PROJECT LOCATIONS -- The work is to be performed at the following locations, and as designated by the Engineer. NO. SEWER MAIN LOCATION SIZE OF MAIN MISC. ITEMS Inland Center Drive at 1. Lytle Creek Channel ( 1 ) 10-inch Tube File T 308-A9 ( 1 ) 18-inch N/A 2. DELETED Install locking manholes at both 6th Street at upstream and 3' Warm Creek/East Creek Channel ( 1 ) 33-inch downstream locations Raising manhole covers and install locking 4. Kendall Drive at manholes at both Devil Canyon Diversion Channel ( 1 ) 24-inch upstream and downstream locations Raising of Waterman Avenue at ( 1 ) 21-inch downstream 5. Twin Creek Channel manhole cover to ( 1 ) 30-inch grade See the LOCATION MAPS in PART III, APPENDIX of these Special Provisions for the locations within the City of San Bernardino. SP37 ADDENDUM NO. ONE PLANS & SPECIAL PROVISIONS NO. 12364 SEPTEMBER 4, 2008 SECTION 54A 54A-1 -- METHODOLOGY FOR CLEANING SEWER LINES AND SIPHONS 54A-1.01 GENERAL - - Cleaning of sewer siphon shall include, but not be limited to removal of debris, sand, dirt, rocks, building material, vegetation, oil, grease and any other items found in the siphon facility. Contractor to verify size prior to any cleaning. Removal of objectionable material may be by a vacuum attachment cleaning operation. No flushing of debris into catch basins, parkway culverts or storm drains will be allowed. All removed waste and sewer sludge material shall be disposed of by the Contractor in accordance with SECTION 8-1.01, "Description of Work", and SECTION 6-1.09, "Disposal of Excess Excavated or Removed Material", of these Special Provisions. All other materials related to the performance of the work shall become the property of the Contractor and shall be disposed of by him away from the project sites per Section 6-1.09, "Disposal of Excess Excavated or Removed Material", of these Special Provisions. If the siphon has multiple barrels,the sequence shall be repeated for each barrel. 54A-1.02 STAFFING LEVEL -- Bidders shall provide, in writing, the staffing level that is to be utilized in the cleaning of sewer siphons. This shall be submitted with the Bid Documents in order to demonstrate how the bidder proposes to provide an adequate crew to comply with contract requirements. The information provided shall include the number of crew personnel and equipment to be used per location. 54A-1.03 EQUIPMENT -- The Contractor may chose any of the following options to clean the siphons. These options have suggestions of the type of equipment and minimum requirements. The Contractor shall supply all equipment needed to clean the siphons and even equipment not mentioned or of greater capacity. 54A-1.04 DEBRIS -- Debris shall consist of, but not be limited to, all items found in the sewer manhole, siphons, and area of work. Some items identified are: sand, dirt, rocks, building materials, vegetation, oil, grease, feces, bricks and tires. S P-45 ADDENDUM NO. ONE PLANS & SPECIAL PROVISIONS NO. 12364 SEPTEMBER 4, 2008 OPTION III - HIGH WATER PRESSURE SYSTEM Siphons will be cleaned using a high-pressure water jet. Required flow rate for the jetter is 350 gpm at 2,000 psi, or greater, with dual 1.25" hoses with a length of 2,000 linear feet. To extract debris, a positive pressure pump system should be used. The recommended pump should be a 6-inch submersible pump rated at 2,500 gpm. Cleaning equipment shall be capable of utilizing sewer effluent in lieu of potable water. Should sufficient effluent not be available, the Contractor is responsible for all charges for water meter setup and water usage. If the siphon has multiple barrels, the sequence shall be repeated for each barrel. Equipment will be a closed loop system that uses hoses and/or piping that shall never be in contact with the public water supply. 54A-1.06 MANHOLES -- Cleaning and scrubbing of manhole walls shall be required for each manhole in the area of work and shall be included in the various contract bid lump sum prices paid for each siphon location in the "Cleaning Sewer Siphons at Various Locations" bid schedule. 54A-1.06A RAISING MANHOLES COVERS Manhole covers shall be raised to the amount specified in the bid items. and shall be included in the various contract bid lump sum prices paid for each siphon location in the "Cleaning Sewer Siphons at Various Locations" bid schedule. 54A-1.06B LOCKING MANHOLE COVERS Installation of new manhole covers shall be locking type as manufactured by South Bay Foundry, Inc. (619)956-2780 Model No. 1254. or approved equal, and shall be included in the various contract bid lump sum prices paid for each siphon location in the "Cleaning Sewer Siphons at Various Locations" bid schedule. 54A-1.07 DEFINITION OF A CLEANED SEWER SIPHON - Each sewer siphon shall be considered cleaned after inspection has proven that the sewer siphon does not have any sand, dirt, vegetation, oil, grease, or any loose items remaining. If such items are found, the Contractor shall clean the siphon until the line is considered cleaned. A cleaning ball sized at 95% of the pipe shall be pulled through each barrel with a City Inspector present. The ball shall be pulled at a normal rate of resistance. The City Inspector shall identify if the siphon is considered clean. SP-47 ADDENDUM NO. ONE PLANS & SPECIAL PROVISIONS NO. 12364 SEPTEMBER 4, 2008 "NO CITY INSPECTOR PRESENT = UNCLEAN SIPHON" 54A-1.08 DAMAGED PIPE - Each Cleaning Methodology has it's own challenges. If a sewer siphon or manhole is damaged by the Contractor, the Contractor shall fix or replace the damaged pipe or manhole to its original capacity prior to cleaning, at the Contractor's expense. Any alternate method of repairing the siphon suggested by the Contractor shall require prior approval by the Engineer. 54A-1.09 PAYMENT - The contract bid lump sum price paid for the various locations where sewer siphons are to be cleaned, shall include full compensation for providing all the material and equipment, and for doing all the work involved in the cleaning of the sewer siphons, as described in these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-48 ADDENDUM NO. ONE PLANS & SPECIAL PROVISIONS NO. 12364 SEPTEMBER 4. 2008 ,7 ' .. 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SW—D DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS The "Bid and Contract Documents" for this project consists of two (2) Parts as follows: PART I — Administration PART II — Special Provisions PART III — Appendix The above three (3) parts are bound together in one (1) manual titled "Bid and Contract Documents" CLEANING OF SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO, (SW-D 07/08), PLAN NO. 12364 Contents for Bid and Contract Documents.doc CITY OF SAN BERNARDINO TABLE OF CONTENTS PART I - ADMINISTRATIVE SECTION, NOTICE INVITING SEALED BIDS BID DOCUMENTS BID FORM B-1 B-2 BID SCHEDULE BIDDER'S INFORMATION AND SIGNATURE C-1 & BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-2 SPECIAL NOTICE C-2 DESIGNATION OF SUBCONTRACTORS WORKERS' COMPENSATION INSURANCE CERTIFICATION C-4 C-5 NON-COLLUSION AFFIDAVIT C-5 FORM OF BID BOND MBE/WBE INFORMATION - GOOD FAITH EFFORTS REFERENCES PART II - SPECIAL PROVISIONS SECTION 1 - SPECIFICATIONS AND PLANS SP-1 SECTION 2 - BID BONDS AND MBE/WBE REQUIREMENTS AND CONDITIONS SP-5 SECTION 3 - AWARD AND EXECUTION OF CONTRACT SECTION 4 - CONSTRUCTION SCHEDULE&COMMENCEMENT OF WORK,TIME OF COMPLETION &LIQUIDATED DAMAGES SP-14 SECTION 5 - LEGAL REQUIREMENTS SECTION 6 - GENERAL SP-20 SP-31 SECTION 7 - UTILITIES SP-31 SECTION 8 - DESCRIPTION OF WORK SECTION 9 - TRAFFIC CONTROL SP-46 SP-40 SECTION 10 - MOBILIZATION SECTION 11 THROUGH SECTION 53 BLANK SP-44 SP-44 SECTION 54 A - CLEAN SEWER SIPHON PART III - APPENDIX LOCATION MAPS CONTRACT AGREEMENT PART I ADMINISTRATION, Engineer's Estimate(Range Only): $90,000 to$120,000 NOTICE INVITING SEALED BIDS CITY OF SAN BERNARDINO Owner NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: CLEANING OF SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO ( SW-D 2007/08) in accordance with Special Provision No. 12364 on file in the Office of the City Engineer, Third Floor, San Bernardino City Hall. Plans and Specifications may be obtained from the City Engineer's Office, Third floor, City Hall, 300 N. "D" Street, San Bernardino, California 92418, upon a non-refundable payment of $10.00 for each set if picked up in person. Upon request, the Plans and Special Provisions may be mailed for an additional charge of $5.75 per set. No bid will be received unless it is made on a bid form furnished by the City with the unit prices written in words and also shown in figures for each item, and with the total of each item and total of all items filled in. Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and"SEALED BID " clearly marked on the outside of the envelope Said bids will be received up to the hour of 2:00 p.m., on, Tuesday, September 9, 2008, at which time all of said bids will be publicly opened, and examined and declared in the City Engineer's Conference Room, Third Floor, City Hall. The Contractor shall possess a Class "A" License or Appropriate Specialty License(s) at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 50 % of the contract price. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore, the City and the bidder agree that the above sum of ten percent shall be paid to the City upon the condition above set forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U. S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 10263 and Section 22300 of the California Public Contract Code. A Non-mandatory Pre-Bid Meeting will be held on Tuesday August 26, 2008, at 2:00 p.m., in the office of the City Engineer, Public Works Division of Development Services, Third Floor, City Hall, 300 North "D" Street, San Bernardino, CA 92418. This meeting is to provide information, to answer questions, to inform bidders of MBEs/WBEs subcontracting and material supply opportunities, and to make the prime Contractor aware of the City's outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting is recommended, but the prime may certify that they are familiar with the program and attendance is not required. Attendance and/or certification may be used as part of the good faith effort. Certified minority (MBE/WBE) subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are listed on the California Unified Certification Program (UCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http://www.dot.ca.gov/hq/bep/index. Pursuant to law, the Mayor and the Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part thereof by references as fully as though set at length herein, have ascertained and determined the general prevailing rate per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type work of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are available from the California Department of Industrial Relations' Internet web site at http://www.dinca.gov/dirdatabases.html. General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any sub- contractor under him to pay not less than specified rates to all laborers, workmen, and mechanics employed by them in the execution of the contract, and to prevent discrimination in the employment of persons because of race, creed, color, or national origin, a the City of San provisions of Resolution No. 7414 of the Mayor and Common Council Bernardino. The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations from contract specifications, or to reject any and all bids. No bidder may withdraw his bid within 45 working days from the date of the bid opening. The City reserves the right to take all bids under advisement for a period of 90 days. Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City Engineer's Office San Bernardino City Hall 300 North "D" Street, 3rd Floor San Bernardino, CA 92418 RE: CLEANING OF SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY 2364 O ( SW-D 2007/08 ) PLANS & SPECIAL PROVISIONS NO. 1 Attention: Byron Montalvo, Sr. Civil Engineer, Project Manager Tel: (909) 384-5263; Fax: (909) 384-5155 E-mail: montalvo_by @ci.san-bernardino.ca.us CITY OF SAN BERNARD _O RACHEL G. CLA ` el City Clerk � � NOTICE TO ADVERTISE,: SPECIFICATION NO. 12364 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE 08/ 12/08 and 08/ 18/08 (FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION) SIGNATURE DATE BID DOCUMENTS BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor, materials, transportation and service for the CLEANING OF SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO ( SW-D 2007/08 ) in strict conformity with Plans and Special Provisions No. 12364 of the Public Works Division, Department of Development Services for the City of San Bernardino and also in accordance with Standard Specifications for Public Works Construction, 2008 Edition. Undersigned proposes and agrees if this bid is accepted, that he will contract with the City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: BID SCHEDULE PLAN NO. 12364 CLEANING OF SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (SW-D 2007/08) ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL ITEM NO . QUANTITY UNIT WITH UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 1 1 LS INLAND CENTER DRIVE at LYTLE CREEK 18" DIP - 270'+l-; 10" CIP - 270'+/- SEWER SIPHONS, at the Lump Sum price of "Tho S $Mch 41141 gi j� { Dollars Cents �% „�/ LS $ lo2, aso 2. DELETED 3. 1 LS 6TH STREET at WARM CREEK/EAST TWIN CREEK CHANNEL, 1-33"PIPE - 120' SEWER SIPHON, Including Locking Manholes at both upstream and downstream locations at the Lump Sum price of -- -Th2,., 1 d LI 11$ h ' oars & -ate __ _Cents LS $__i_a_e_a:2-- 4. 1 LS KENDALL DRIVE at DEVIL CANYON DIVERSION CHANNEL, 1-24"PIPE-192' SEWER SIPHON, Including Raising Manhole Covers 3'-0"and Locking Manholes at both upstream and down stream locations at the Lump Sum price of ,��„�/ 1 X>I-.P.Qi'1 '1. !Qj Wd F0U(h"�5`o�I�'ar's & Cents LS $ 16/*50 5. 1 LS WATERMAN AVENUE AT TWIN CREEK CHANNEL 1-21" PIPE-196.5' AND 1-30" PIPE—196.5' Including Raising of Downstream Manhole Cover to Grade at the Lu Sum price of —j�p �� '/l=_Dollars I- ��4SdG____a _Fs _ LS $--1-7t-Q-- TOTAL BID $ 57/356 ADDENDUM NO. ONE PLANS & SPECIAL PROVISIONS NO. 12364 SEPTEMBER 4, 2008 BIDDER'S INFORMATION AND SIGNATURE,: It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 working days from the date of the "Notice to Proceed", and shall be completed within 30 working days from the date of said notice, as directed in SECTION 4 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 bid shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, LICENSE EXPIRATION NO.: 8070363 CLASSIFICATION: A, C3/, Pa-2- DATE: S-)3i/20/c) FIRM NAME: :Docons]-re a.'v BUSINESS ADDRESS: a85s Pro gr^eo P l a cs ( Sc0v) d i G/o Cry 9D e")29 BUSINESS PHONE: 6o)74 FAX:(76c2),7 '6 c7 CELL:(60)4K17.1/-3S If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners composing the firm. If a corporation, give the names of the president,secretary,treasurer and manager thereof: torpor J-;or) Is Bidder currently a certified DBE? Yes ❑ No a Legal Status of Firm NAME (S) ADDRESS (ES) LI);/ma R0C 3 , Pres ;?2oC- l c/mot Rohe.-l-s , Se Escoodirlo Cfl 92:o26 0i or , , Merl& Il r srA.r112_ SIGNATURE OF BIDDER: Dated: �nnl��, 20(� BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS,: ADDENDUM NO. 1 DATE: 4 I s-JaG& ADDENDUM NO. 2 DATE: ADDENDUM NO. 3 DATE: ADDENDUM NO. 4 DATE: BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS PLANS & SPECIAL PROVISIONS NO. 12364 In compliance with the provisions of Section 4100-4114 of the Public Contract Code of the State of California and any amendments thereof, each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name&Address Agency&No.of Under Which MBE/WBE CERT. Sub-Contractor's Sub-Contract Work to Be Licensed (If Applicable) Phone-No. Amount Performed I. /1 On g- 2. 3. 4. 5. 6. IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK WORKERS' COMPENSATION INSURANCE CERTIFICATION I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor: NAME OF FIRM: Dou7o°. ;CPA C BY: TITLE: LOilma Robes, Pros; d _ DATE: cj 1cj/08 (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) NON-COLLUSION AFFIDAVIT, To the Division of Public Works,Department of Development Services,City of San Bernardino,State of California: The undersigned in submitting a bid for performing the following work by contract,being duly sworn,deposes and says: That he or she is of the party making the foregoing bid,that the bid is not made in the interest of,or on behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;communication,or conference with anyone to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the proposed contract; or take any action in restraint of free competitive bidding in connection with such contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid pricor any company thereof, or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, P y association,organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. !V o»SIrect cvj C L Firm Name ,L/l Air . fry"WwSigna use of Bidder Wr�l»'1a PCB j`S veSiCuI Printed Name and/ Title roo reAO pa cQ Ec036000d° 01 6a 9 Business Address 3 2os A/)oLefs 2i-7 Cr s(-0A)o1i do C 920..2‘, Place of Residence Subs 'bed and sworn to before me this day of ,20 Signed Notary Public in • for the County of 0 r State of California. /i/e 8' My Commission expires on Year CALIFORNIA JURAT WITH AFFIANT STATEMENT KSee Attached Document (Notary to cross out lines 1-6 below) N See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California J County of 5�" 6/ Subscribed and sworn to (or affirmed) before me on this day of T , 20O" , by Date / - ��Monthyy--,� Year Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) iBERTA B. ALEXANDER �':'-" Commission # 1725291 (and "-m� ��,, Notary Public -C0 fornia ,} /q Z ', .:' San Diego County (2) o ///Y- , COryyn MCA 132011 Name of Signer proved to me •n the basis of satisfactory evidence to be the p ,•11 n who app ared efore me.) Signatur- Signature of Notary ublic Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove RIGHT THUMBPRINT RIGHT THUMBPRINT valuable to persons relying on the document and could prevent OF SIGNER#1 OF SIGNER#2 fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document n A•14.0-- S<od /T :P Title or Type of Document: Document Date: "v 40.e4e-- Number of Pages: ®44 Signer(s)Other Than Named Above p"-g a--- 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5910 Reorder:Call Toll Free 1-800-876-6827 19,tM OF BID BOIS1 KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, Downstream Services,Inc. as Principal,and Travelers Casualty and Surety Company of America as Surety, are hereby and firmly bound unto the City of San _: rdino , State of California, hereinafter referred to as"Obliged"in the penal sum of ten percent ( 10% 1 of e total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns. - T E CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing,for the Cleaning Sewer Siphons at various locations,(SW-D 2007/08) (Copy here the exact title ription of work including location as it appears on the proposal) for which bids are to be opened on 09/09/2008 (Insert date of opening) NOW, THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto(properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall In all other respects perform the agreement created by the acceptance of said Bid, and then.dt obligation the void; otherwise, for any the claims hereunder shall,in nonevent, exceed the expressly enal amount of this agree obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby waive notice of any such extension. Signed, this 4th day of September , 20 08 . IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate.seals to be hereto affixed and these presents to be signed by their proper offlceta, the day and year first mentioned. Travelers Casualty and Surety Downstream Services,Inc. (SEAL) Corn..n of America (SEAL) i . '41 Surety �, l By: " I ' Br � � —Si si-;� r<re � Kai/ma 04L j PALS Penny E.Kelley,Attorney-In-Fact Printed Name and Title Printed Name and Title NOTZ:Notarization of the Principal and the Surety signatures and Power of Attorney of the Surety shall accompany this form. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ....., nt,,,,iY.i;Cr.,<„,.. -...;NN_r.N...,, ,,,,,,iN....t!ot_oKoK.,t_n,,,,-,t_,,,,„,•, ,,,,,,,„!At.gt_•9f.,,,,,,•';,..„, ,,,.o...,..., ,.,f...,,:..,,.. State of California County of Sal Diego • On SEP 0 4 2008 before me, Johanna Smith, Notary Public , Hera Insert Name and Title ol the 0111m Osts personally appeared . Penny E.Name(s)or saner(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose names) isiese subscribed to the within instrument and acknowledged to me that to/she/they executed the same in kis/her/ r authorized C JOHA I A SMITH capacity(i4*), and that by k /her/t�be r signature(*) on the COMU #17ALIFO instrument the persons), or the entity upon behalf of V ��'�;� NOTARY PUBLIC-CALIFORNIA n o SAN DIEGO COUNTY 0 which the person(*) acted, executed the instrument. My Commission Expires JUNE to tot t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h-t d and official seal. Signature '� �,/l Place Notary Seat Above Signature a ublic OPTIONAL Though the and could prevent fraudulenremoval and reattachment of this form to another document.document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(Ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑Partner—❑Limited ❑General ?F,1,r.1 C31'17 NT fi C:111 HIC311I illlli.711PW.11 Of-S'G.d�R ❑ Attorney in Fact OF "GNI N ❑Attorney in Fact Top of thumb here ❑ Trustee Top of thumb here ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing:. 02007 National Notary Aeaociatlon•9350 De Soto Ave.,P.O.Boot 2402•Chatsworth,CA 91313.2102•www.N.tlon&INOIWYp9 Item 115907 Reorder Cal lb6Frae 1.800875-0827 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • .. .A. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 217991 Certificate No. 0 0 2 4 6 715 8 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Christine A.Paterson, Penny E.Kelley,James Baldassare Jr.,Lawrence F.McMahon,James R.Sommerville,and America San Martin _, of the City of San Diego ,State of California ,their true and lawful Attomey(s)-in-Fact, . each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of u contracts and executing or guaranteeing bonds and undertakings required or pera j in ar ons o krIceedings allowed by law. 1 N, IN WITNESS WHEREOF,the Companies have caused this ms to be signed aand theft corporate seals to be hereto affixed,this 25th day of June 2008 . ` . Y Farmington Casualty Cpmp p` sy St.Paul Guardian Insurance Company Fidelity and Guaranty i is ranca.compau rt,r " St.Paul Mercury Insurance Company Fidelity and Guaranty Insut°a lceUnderwliteers,Inc. Travelers Casualty and Surety Company I Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company C. 8U4,' �.��1.r,- �jr yF1AE 6 �� iN. ETY ANO 1' �, T r. ,--0-,.6.y .4 s MrWE4 +�T1'A'� OZ G(1 Y1 r NVORA>P� !c,.),!..!!!!5".„.fOR O `' gi r !' 2qq,,19�1�2 O - Mitt'.. 1927 ' ",7 _ it . iA ZiomTfjo 2 i 94,..t s. # q� t ,c �� L l .ELL..i 'r� !8 (0) d A NC�F UFANCE '1i...-A144 .......... �r , Or*, State of Connecticut By: `E& .- City of Hartford ss. Georg>W Thompson,0 ice President 25th June 2008 w On this the day of , 'before me personally appeared George W.Thompson,who acknowledged himself Ito be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being * authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. I /00 '". In Witness Whereof,I hereunto set my hand and official seal. `TAO C . teXidotAl* I My Commission expires the 30th day of June,2011. * Lid # Marie C.Tetreault,Notary Public 0 I58440-5-07 Printed in U.S.A. .. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President,any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf .E of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate , relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety, ogrrpany Company:, d United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power "o e}(�ee b sa ompanies,which is in full force and effect and has not been revoked. . - NI,° .*\,t ~Sd 'e s� \, , . . SEP 0 4 2008 IN TESTIMONY WHEREOF,I have hereunto set my hand aut i ed g,s ofsa p`anies this day of ,20 y ,,, Z.JohansAssistantSecret ary 1, . F E 6 NKf`A$U l ,. SWp J®� O f„ y ' Jp!•1N34V7 .40.1Y ►M_"`ry Y t92 O i? I 1 ' 'Z OAs �Cp�RAT:'A i 11:1 � < R C �Aa AN OF RANC •S . • O AWO\It • To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. I I I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .• PART II SPECIAL PROVISIONS SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 1-1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, 2008 Edition, and City of San Bernardino Standard Drawings, insofar as the same apply and in accordance with the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Agency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. City Engineer - The City Engineer, Division of Public Works, Department of Development Services • for the City of San Bernardino. Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. Office of the District - Whenever, in the Standard Specifications, reference is made to the office of the District or the District's office, such references shall be deemed made to the City of San Bernardino's Public Works Division Office, located in the City of San Bernardino's Development Services Department. SP-1 The mailing address for the City of San Bernardino's Public Works Division is: City of San Bernardino Development Services Department Public Works Division 300 North"D" Street, 3rd Floor San Bernardino, CA 92418 Resident Engineer - The Resident Engineer is the City of San Bernardino's City Engineer City Engineer, registered as a Civil Engineer in the State of California, or the designated representative of the City of San Bernardino's City Engineer, registered as a Civil Engineer in the State of California. Notice Advertising for Bids - Notice Inviting Sealed Bids. Standard Specifications - Standard Specifications for Public Works Construction "Green Book". Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-2 References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications (MAY, 2006) of the State of California, Department of Transportation. References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained in the "Standard Drawings", section of these Specifications. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. The Contractor shall meet or exceed the applicable Public Works Policies and Procedures unless directed otherwise by these Special Provisions or as directed by the Engineer. Plans and specifications must conform to the requirements of the City of San Bernardino, American Concrete Institute (ACI), Uniform Building Code (UBC), Uniform Plumbing Code (UPC), Caltrans Standard Specifications, these Special Provisions and the Standard Specifications for Public Works Construction (Green Book), latest edition. Wherever reference it made to any of the standards mentioned above, the reference shall be construed to mean the code, order or standard that is in effect on the first day of the advertised "Notice Inviting Sealed Bids". 1-1.04 TAXES -- No mention shall be made in the proposal of Sales Tax, Use Tax, or any tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 1-1.05 INTERPRETATION OF PLANS AND DOCUMENTS -- If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed, they may submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery within 5 working days prior to the day of the proposed bid opening. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be faxed and mailed or delivered to each person of record as receiving a set of such documents. The City will not be responsible for any other form of explanation or interpretation of the proposed documents. SP-3 1-1.06 ADDENDA OR BULLETINS -- All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the City. 1-1.07 PLANS AND SPECIFICATIONS TO BE PROVIDED -- The City will provide the Contractor with five (5) sets of Plans and Specifications at no cost after the Award of Contract. The Contractor shall obtain all additional sets at its own cost. SP-4 SECTION 2 2-1 BID BONDS AND MBE/WBE REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- Bids must submitted on the bid form contained herein. All bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder, to whom the contact is awarded, refuses to execute said contract, and/or fails to file the necessary bonds and insurance certificate within ten (10) working days after the date of the City's Notice of Award, the Bidder shall forfeit the bid bond to the City. By not executing the contract, the use by the public of the improvements will be delayed and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix the amount of said damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the City as forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provisions. Notarization of the signatures of the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. Any bid not accompanied by such bid bond will be rejected as invalid. 2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE) was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93- 411 and the Standard Operation Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 0 % MBE and 0 % WBE on this project. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-5 2-1.03 MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS -- It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the City to inform all bidders of the requirements for the project for which the contract will be awarded. The City may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs, WBEs and other business enterprises. The bidder shall, when economically feasible, divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the City. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days prior to the date the bids were required to be submitted. In all instances, the bidder must document that invitations for sub-contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. The Mayor's Affirmative Action Office shall be available to help identify interested MBEs, WBEs and other business enterprises. (5) The bidder documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. SP-6 (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the submission of bids. (8) The bidder negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the City. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor. If the City has established expected levels of participation for MBE and WBE sub- contractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the City is considering awarding away from the lowest bidder or not awarding a contract to a proposed bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above, the City shall, if requested, and prior to the award of the contract, afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the City to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately, and all City Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. 2-1.04 SUBMISSION OF MBE/WBE INFORMATION — GOOD FAITH EFFORTS - The Contractor may submit the MBE/WBE INFORMATION — GOOD FAITH EFFORTS document with the contract Bid Documents prior to the hour of the bid opening. If this document is not submitted with the Bid Documents, it must be submitted to the Public Works Division, upon request, by 4:30 p.m. on the fourth working day following the day of the bid opening SP-7 2-1.05 WITHDRAWAL OF BIDS -- A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the City's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. 2-1.06 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall be without interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. SP-8 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- Award of the contract will be made by the Mayor and the Common Council at a Council meeting. The bidder, to whom the contract is awarded, shall file with the Engineer all required bonds and insurance policies, and execute the contract within 10 calendar days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the City as liquidated damages. 3-1.02 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the Engineer before the contract is executed by the City in accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications. The contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. 3-1.03 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one submitted bid, all such submitted bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal bid as a prime contractor. No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. The Contractor shall fill out all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to BMP/SWPPP, traffic control and detour plans or escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future public works contracts. SP-9 3-1.04 AWARD OF CONTRACT -- Following a review of the bids, the City shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the City. Additionally, the City reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal notice inviting sealed bids as may be required to provide for the best interest of the City. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the Instructions to Bidders, the Plans, the Special Provisions and the Notice Inviting Sealed Bids. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the Mayor and Common Council. The Notice Inviting Bids, the Instructions to Bidders, the Bid Form, the Plans, Special Provisions and Standard Specifications, Addenda, together with any attachments, shall be considered as part of the contract between the City and the Contractor to whom the contract is awarded. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. 3-1.05 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, and addenda, or any other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the City may rely that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve that Bidder from any obligation with respect to its Bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents. C. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such Bidder might have fully informed himself prior to the bidding. D. No Bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. SP-10 3-1.06 REQUIRED INSPECTION OF THE SITE -- A. Bidders are required to inspect the site of the work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface of, and at, the site of the work. B. It during the course of examination, a Bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall notify the Engineer immediately. C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the City is not intended to be a substitute for, or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. SP-11 SECTION 4 4-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions of Section 6-1, "Construction Schedule and Commencement of Work", Section 6-7.1, "Time of Completion", Section 6-8, "Completion, Acceptance and Warranty" and of Section 6-9, "Liquidated Damages" of the Standard Specifications and these Special Provisions. 4-1.02 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall be within 10 working days of the notification of the award of the contract by the Mayor and Common Council. The Contractor shall, at the time of notification, inform the Construction Engineer of any special circumstances or conditions that might prohibit the Contractor from attending a Pre-Construction Meeting during this period, or from commencing work as scheduled. 4-1.03 NOTICE TO PROCEED -- The Notice to Proceed will be issued within 10 working days of the Pre-Construction meeting. The Contractor shall immediately notify and obtain the approval of the Construction Engineer, prior to the Pre-Construction Meeting, should special circumstances or conditions exist that might prohibit the Contractor from commencing work as scheduled. 4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 30 WORKING DAYS from the date of the "NOTICE TO PROCEED". 4-1.05 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $500.00 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. SP-12 In case all the work called for is not completed in all parts and requirements within the time specified, the City shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the City. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, epidemics, quarantine, restrictions, freight embargo, unusually severe weather, or delays of Subcontractors due to such causes provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive. The Contractor's proposed Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required) shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Award of the Contract. The Construction Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or graph. 4-1.06 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer by the tenth of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Section 6-7.3, "Contract Time Accounting", of the Standard Specifications is superseded by these Special Provisions. The Engineer or his/her designee will make a daily determination of each working day to be charged against the contract time. Per the Contractor's written request, the Engineer will provide working and non-working days to the Contractor. • 4-1.07 INSPECTION -- The Contractor is responsible to notify the Public Works/Engineering Division 48 hours prior to start of any work. Any work performed without inspection by the City is subject to rejection and removal of work performed and, at the Contractor's expense, the work will have to be reconstructed. At the City's request, and the Contractor's expense, any pipes less than 24" must be inspected by camera for joint grouting and any other inspection. For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING DAYS AND HOURS", of these Special Provisions. 4-1.08 PERMITS AND LICENSES -- Prior to issuance of a "Notice to Proceed", Contractor shall obtain a City Business Registration from the City Clerk's Office, San Bernardino City Hall, 300 North"D" Street, 2nd Floor, San Bernardino, CA 92418. SP-13 SECTION 5 5-1 LEGAL REQUIREMENTS 5-1.01 INSURANCE REQUIREMENTS -- The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The Contractor shall indemnify and save harmless the City of San Bernardino, the State of California, the County of San Bernardino and/or any incorporated city from all claims or suits for damages arising from the prosecution of the contract work, as more fully described in Subsection 5-1.06, "Contractor's Liability". The Contractor agrees to protect, defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands,judgements and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. 5-1.02 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the City with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured. The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Contractor shall maintain minimum limits of insurance no less than: 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; SP-14 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 5-1.03 WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insurance", of Standard Specifications, providing that the Contractor shall file a signed Certificate of Worker's Compensation Insurance before execution of the contract. 5-1.04 PAYMENT OF PREVAILING WAGE RATE -- The Contractor and all subcontractors shall pay each craft or worker employed on this project not less than the prevailing wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The Engineer shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage shall comply with current rates and all updates. 5-1.05 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with public work. SP-15 (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the Engineer on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all his subcontractors, in addition to his own employees. Failure to submit the records enumerated in subdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. 5-1.06 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workers or the public; or for damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workers, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall not encroach on private property adjacent to this project in any phase of the construction without first obtaining a signed Right Of Entry document from the property owner and submitting this Right Of Entry to the Engineer for approval, prior to any entry or encroachment onto private property. The Contractor shall be responsible for any injury to any person or damage to property resulting from any defects or obstruction occurring any time before project completion and final acceptance, and shall indemnify and save harmless the City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer from all suits or actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid. SP-16 If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due, or becoming due, the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. 5-1.07 ATTORNEY'S FEES AND ARBITRATION -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is hereby specifically excluded from this Contract. 5-1.08 CITY BUSINESS REGISTRATION CERTIFICATE -- The Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultant/vendor to practice its profession, skill or business. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. SP-17 ACCORD CERTIFICATE OF INSURANCE DATE(MM/YY/DD) 00/00/00 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY COMMERCIAL ASSOCIATES INS.,INC. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND, OR ALTER 1226 EAST LA PALMA AVE. THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM,CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145)524-4940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA-VALLEY FORGE YOUR COMPANY NAME COMPANY AND ADDRESS C CHUBB GROUP-FEDERAL INSURANCE COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM,OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS LTR NUMBER DATE(MM/YY/DD) DATE(MMNY/DD) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GEN LIABILITY FIRE DAMAGE(ANY ONE FIRE) $ 500,000 ❑ CLAIMS ❑ OCCUR MADE MED EXP(ANY ONE PERSON) $ 5,000 A X OWNER'S&CONTRACTOR'S PROT 102267576 02/01/98 02/01/99 PERSONAL&ADV INJURY $1,000,000 GENERAL AGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (PER PERSON) S ALL OWNED AUTOS BODILY INJURY B (PER ACCIDENT) S BAP 5197135 02/01/98 SCHEDULED AUTOS PROPERTY DAMAGE (PER ACCIDENT) ,S HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY AUTO ONLY-EACH ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT OTHER THAN AUTO ONLY: AGGREGATE WORKERS COMPENSATION AND X WORKERS COMP EMPLOYER'S LIABILITY STATUTORY LIMITS E.L.EACH ACCIDENT j 1,000,000 Ci WCXXXXXX 02/01/98 02/01/99 j1,000,000 THE PROPRIRETOR/ INCL E.L.DISEASE-EA EMPLOYEE PARTNERS/EXECUTIV j1,000,000 E OFFICERS ARE. EXCL E.L.DISEASE-POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERT PROJECT NAME) BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIFICATE HOLDER CANCELLATION THE CITY OF SAN BERNARDINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUEING COMPANY WILL MAIL 3Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER DEPARTMENT OF DEVELOPMENT SERVICES NAMES TO THE LEFT. DIVISION OF PUBLIC WORKS AUTHORIZED REPRESENTATIVE 300 NORTH"D"STREET,3" FLOOR JOHN E.SMITH(SIGNATURE) SAN BERNARDINO,CA 92418-0001 ACCORD 254(1/95) ©ACCORD CORPORATION SP-18 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE • NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES/PUBLIC WORKS 300 NORTH "D" STREET, 3RD FLOOR SAN BERNARDINO, CA 92418-0001 IMPIE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) • WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. NOTE: MUST BE SIGNED BY AUTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OF ATTORNEY GIVING AUTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-19 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity of any item of work subject to the provisions in Section 3-2.2.1, "Contract Unit Prices" ,"increased or decreased quantities", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate, therefor, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity at the original contract unit price. 6-1.02 SOUND CONTROL REQUIREMENTS -- Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 a.m. shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise levels Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. SP-20 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). REQUIREMENTS -- The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) through the entire project. The Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to be prepared to provide hay bales or similar devices to prevent erosion from being washed into the storm drain system. The Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. The following are the areas to be addressed where applicable: 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. 13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site. 14. Call 911 in case of a hazardous spill. 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan(SWPPP) 16. Name a person, on site, responsible for complying with S.W.P.P.P. BEST MANAGEMENT PRACTICES ( BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-21 The Contractor shall have a minimum of two (2) readily accessible copies of each publication on the Work site at all times. The Contractor shall implement the following BMPs in conjunction with the construction operation and activities: CONSTRUCTION PRACTICES Water Conservation Practices Dewatering Paving Operations Structure Construction and Painting MATERIAL MANAGEMENT Material Delivery and Storage Material Use Spill Prevention and Control WASTE MANAGEMENT Solid Waste Management Hazardous Waste Management Contaminated Soil Management Concrete Waste Management Sanitary/Septic Waste Management VEHICLE AND EQUIPMENT MANAGEMENT Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance VEGETATIVE STABILIZATION Scheduling Preservation of Existing Vegetation Temporary Seeding and Planting Mulching PHYSICAL STABILIZATION Geotextiles and Mats Soil Stabilizer/Dust Control Temporary Stream Crossing Stabilized Construction Roadway, Stabilized Construction Entrance SP-22 RUNOFF DIVERSION Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes, Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion DitchesBerms Slope Drains and Subsurface Drains VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding SEDIMENT TRAPPING Silt Fences Straw Bale Barrier Sand Bag Barrier Brush or Rock Filter Storm Drain Inlet Protection Sediment Traps Sediment Basin Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and implemented throughout the construction phase and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. The CITY, as Permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of $1,000 for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMPs. SP-23 STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. Projects over one acre are placed under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board and as such projects that fall into this category must submit a Notice of New Construction (NONC) to the State Water Resources Control Board (SWRCB) to obtain a waste discharge identification number (WDID). This information is available for review and downloading on the State of California, Department of Transportation web site at http://www.dot.cagov/hq/construc/stormwater/manuals. SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs that address contractor activities, erosion, and sedimentation control. The SWPPP shall also include and incorporate appropriate BMPs for run-off generated by construction activities and other non-storm water sources. During all periods of construction, excavated soils which are stored on-site shall be completely covered with waterproof material and sand (or gravel) bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Engineer shall notify the Contractor of the acceptance or rejection of the revised SWPPP within seven (7) working days from the date of submittal. The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten (10) working days prior to the commencement of construction operations in accordance with this Section 6-1.03 of these Special Provisions. SP-24 The City's NPDES Division shall be contacted prior to any work to determine whether or not the project will require the development of a Water Quality Management Plan (WQMP). THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City Business Registration prior to the execution of the contract. Prior to the commencement of work, the Contractor shall obtain a construction permit at no cost from the City of San Bernardino, Public Works Division, Engineering Section, located at San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, CA 92418. The permit shall be kept in a readily available place on the job site at all times during construction. While no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA. Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions and/or agencies including, but not limited to, Building Division, Public Services — Sewer, Water, County Flood Control, Railroad, Caltrans, Fish & Game, Corp. of Engineers, Regional Water Quality Board, etc., at his/her own expense, unless otherwise stated in the Plans and Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. Contractor shall obtain a City of San Bernardino Business License at his/her own expense. 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform to the provisions of Section 3.3, "Extra Work", of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. SP-25 A. Work by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Material 15 3) Equipment Rental 15 4) Other items and Expenditures 15 To the sum of the costs and markups provided for in this subjection, compensation for bonding shall be at the rate specified by the bonding company. B. Work by Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work, also a markup of 10 percent on the first $5,000.00 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of$5,000.00 of the subcontracted portion of the extra work may be added by the Contractor. 6-1.06 HOLIDAYS, WORKING DAYS AND HOURS -- The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Friday, excluding holidays, as defined in this section. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. No traveled lane shall be closed during rush hour, (7:00 a.m. to 8:30 a.m. and 4:30 p.m. to 6:00 p.m., unless approved by the Engineer. The Contractor shall coordinate with the Engineer regarding working hours prior to start of construction. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. The Contractor will coordinate inspections with the Public Works Inspector 48 hours prior to any work being done during evenings or Saturdays. Designated legal Holidays are: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day and the Friday following, December 25th and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. SP-26 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9- 3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. The Contractor is encouraged to recycle all materials. The Contractor shall provide the City all documents as to the weight of materials removed during excavations in accordance with the requirements of AB939. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. 6-1.10 SURVEYING SERVICE -- The Contractor shall refer to the PROJECT LOCATION SURVEY DOCUMENTS section at the back of these Special Provisions for California Land Surveyors Association (CLSA) and Consulting Engineers and Land Surveyors of California(CELSOC) survey monument preservation guidelines. The Contractor shall perform and be responsible for the accuracy of surveying adequate for construction. A California registered Civil Engineer licensed to perform surveying or a California registered Land Surveyor shall perform any surveying or staking, as directed by the Engineer, at the expense of the Contractor. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at the expense of the Contractor. In case of missing or incorrect ties, the Contractor's Surveyor shall restore ties as necessary at the expense of the Contractor. The Contractor shall submit to the City a copy of all survey notes and a Certificate Record of Survey. SP-27 All new and replaced survey ties shall be by transit method. All existing monumentation shall be tied and recorded prior to construction. Corner Records shall be filed, pre and post construction, in accordance with Section 8771 of the Business and Professions Code (AB 1414). Final monumentation of alignments and new R/W lines shall be performed in accordance with the State of California Surveys Manual (latest edition). Record of Surveys or In-Lieu Maps, as applicable, shall be prepared and filed. One reproducible (mylar) copy of all filed maps and one photocopy of all filed Corner Records or Records of Survey shall be delivered to the City within 30 days of such filings. Full compensation for preparation of the survey documents, revisions to the survey documents, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with these Special Provisions and the CLSA shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State Government Code specifies that in executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY tenders final payment to the Contractor without further acknowledgement by the parties. 6-1.12 PROJECT ERRORS, OMISSIONS, INCONSISTENCIES, AND/OR DISCREPANCIES -- In the event of errors, omissions, inconsistencies, and/or discrepancies among two or more portions of the Contract Documents, the Engineer may direct the Contractor to follow the most stringent requirements at no additional cost. If errors, omission, inconsistencies, and/or discrepancies appear in the Contract Documents or in the work done by others affecting this work, the Contractor shall immediately notify the Engineer prior to proceeding with the work, and the Engineer shall issue appropriate instructions. If the Contractor proceeds with the work so affected, without instructions from the Engineer, the Contractor shall remove the incorrect work or make the necessary corrections to comply with the Engineer's instructions at no cost to the City of San Bernardino. SP-28 In case of conflicts, errors, omissions, inconsistencies, and/or discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing and/or constructing the discrepancy that would have the highest dollar value. 6-1.13 EMERGENCY INFORMATION -- The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, which can be reached and will respond to calls 24 hours/day, shall be filed with the Office of the City Engineer prior to beginning work. 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS -- The Contractor shall protect and maintain all existing improvements and facilities in place to remain from the first day of work under this contract to acceptance. Contractor is responsible for replacing any damaged improvement or facility to original condition or better. 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. 6-1.16 SAFETY SUPERVISOR AND MEETINGS -- A. The Contractor shall appoint an employee as safety supervisor who is qualified and authorize to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Engineer in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor. B. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees, and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. SP-29 C. The Contractor and its affected subcontractors shall attend safety coordination meetings. The minutes of their meetings shall be submitted to the Engineer. 6-1-17 MEETINGS -- A. The Contractor shall attend weekly progress meetings at the project site. B. In general, these meetings will be attended by the Contractor, the Engineer or his designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Engineer or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. D. The Engineer shall have the authority to require that a mandatory meeting be held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and may subcontractors specified by the Engineer. 6-1.18 PAYMENT -- Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. SP-30 SECTION 7 7-1 UTILITIES 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special Provisions. Notify the Engineer immediately of any conflict. Match existing products. The Contractor is responsible for coordinating work with the utility owners. Certain companies, governmental agencies, or their contractors may be working within the construction area. Certain utility facilities at various locations within the project limits may be removed, relocated, abandoned, or installed by companies' or agencies' contractors. The Contractor shall coordinate his work with utility owners and their contractors. The Contractor shall exercise due caution to prevent any damage to/or movement of these utility facilities. Listed below are the utilities that may be affected, with the designated contact person. These names and phone numbers are listed for information purposes only. The Contractor is responsible for verifying phone numbers and contact persons. 1. SOUTHERN CALIFORNIA EDISON COMPANY 287 Tennessee Street Redlands, CA 92373 Phone: (909) 307-6788 Attn: Ben Murguia 2. SOUTHERN CALIFORNIA GAS COMPANY 1981 West Lugonia Avenue Redlands, CA 92374-9796 Phone: (909) 335-7772 Attn: Devery Jennings 3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Water Utility Division 195 North"D" Street San Bernardino, CA 92401 Phone: (909) 387-7224 Attn: Ellis Williams SP-31 4. VERIZON 1980 Orange Tree Lane, Suite 100 Redlands, CA 92374-2803 Phone: (909) 748-6644 Attn: Fernando Lopez 5. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA; COMCAST) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 795-3349 Attn: Stewart King 6. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA; TCI) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 798-8588 Attn: Mark Davenhauer 7. TIME WARNER TELECOM OF CALIFORNIA 3281 Guasti Road, Suite #350 Ontario, CA 91761 Phone: (909) 456-3697 Attn: Richard Wilkerson Cell: (714) 801-6141 8. A.T. & T. - OSP Engineering Cable Maintenance & Right of Way 2741 N. Main Street Walnut Creek, CA 94596-2714 Phone: (925) 944-8416 Attn: Rosemary Hamill 9. A.T. & T. (SBC-PACIFIC BELL TELEPHONE) ATTN: Right-of-Way Liaison 1265 N. Van Buren Street, Room#180 Anaheim, CA 92807 Phone: (714) 666-5401 Attn: Susan Morgan SP-32 10. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 Phone: (909) 874-7450 Attn: Lynn Durrett 11. MCI —Western Region OSP Outside Plant Construction 157 S. Lilac Street Rialto, CA 92376 Phone: (909) 421-5309 Attn: Chuck Trimble 12. CHARTER COMMUNICATIONS 7337 Central Avenue Riverside, CA 92504-1440 Phone: (951) 343-5139 Attn: Dean Vandever 13. EAST VALLEY WATER DISTRICT 3654 Highland Avenue, Suite #18 Highland, CA 92346-2607 Phone: (909) 888-8986 Attn: Leida Etherton 14. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES Attn: Randy Miller, Division Chief 670 E. Gilbert Street San Bernardino, CA 92415 Phone: (909) 388-5910 Attn: Michele Watson 15. OMNITRANS 1700 W. 5th Street San Bernardino, CA 92411 Phone: (909) 379-7153 Attn: Allen Wild— Stops & Station Changes SP-33 16. CITY OF SAN BERNARDINO INFORMATION SERVICES —COMMUNICATIONS 300 North "D" Street, 4`h Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin 17. CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT STREET DIVISION 234 S, Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: Elias Shehab 18. CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT TRAFFIC SIGNALS 234 S. Mt. View, #110 San Bernardino, CA Phone: (909) 384-5129 Attn: Scott Zehm 19. CITY OF SAN BERNARDINO WATER \RECLAMATION FACILITY ENVIRONMENTAL CONTROL 399 W. Chandler Place San Bernardino, CA Phone: (909) 384-5507 Attn: Andy Coady 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the location of all underground utilities and services, including potholing, before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor. 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. SP-34 7-1.04 UTILITIES NOTIFICATION -- The Contractor shall notify all owners of public utilities seventy two (72) hours in advance of excavating around any of their facilities and substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/422-4133. 7-1.05 UTILITIES INTERFERENCE -- Utilities which are found, by exploratory location or by excavation, to interfere with the construction of this project will be relocated, altered, or reconstructed, or the Engineer may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The Contractor may coordinate the work with the utility owners. Abandoned utilities, which interfere with the construction of any portion of this project, may be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. SP-35 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done shall consist, in general, of cleaning sewer siphons at the locations as specified in the APPENDIX, in Part III of these Special Provisions, and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions to be performed, placed, constructed or installed. The Contractor shall obtain the required water supply from the nearest available hydrant. The City shall reimburse the Contractor for the cost of water usage, and for obtaining an "on- truck meter" for this purpose from the City of San Bernardino Municipal Water Department., except for what is stipulated in OPTION III, SECTION 54A-1.05 of these Special Provisions. All waste material and sewer sludge removal during cleaning shall be transported to the City Water Reclamation Facility disposal site located at 399 Chandler Place. The Contractor shall contact Andy Coady, (909) 384-5507, 48 hours prior to hauling. All remaining excavated or removed material shall become the property of the Contractor and be disposed of per SECTION 6-1.09, "Disposal of Excess Excavated or Removed Material", of these Special Provisions. The fees for any permits required by the City of San Bernardino's Department of Development Services will be waived. The work to be done shall include furnishing all materials, equipment, tools, labor, taxes and incidentals as required by the Contract Documents to construct the project. Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the contract. Each Bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge Addenda may result in the Bid being rejected as not responsive. 8-1.02 ORDER OF WORK -- BLANK SP-36 8-1.03 CLEAN UP AND DUST CONTROL -- Clean up and dust control shall conform to provisions in Section 7-8.1, "Clean Up and Dust Control", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. 8-1.04 PROJECT LOCATIONS -- The work is to be performed at the following locations, and as designated by the Engineer. NO. SEWER MAIN LOCATION SIZE OF MAIN REMOVE GATES Inland Center Drive at 1. Lytle Creek Channel ( 1 ) 10-inch Tube File T 308-A9 ( 1 ) 18-inch N/A 2. Virginia Street at I-215 Freeway ( 1 ) 14-inch N/A 3, 6th Street at • Warm Creek/East Creek Channel ( 1 ) 33-inch N/A 4. Kendall Drive at Devil Canyon Diversion Channel ( 1 ) 24-inch N/A See the LOCATION MAPS in PART III, APPENDIX of these Special Provisions for the locations within the City of San Bernardino. SP-37 8-1.05 APPROVED MATERIALS -- Whenever the expression"or approved equal" is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. All substitution requests shall be submitted to the City Engineer in writing five (5) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the Engineer for review and approval six (6) copies of all shop drawings. The Contractor shall make any corrections to shop drawings required by the Engineer. 8-1.06 CITY-FURNISHED MATERIALS -- City furnished material, when applicable as specified in other sections of these Special Provisions, shall comply with the following: A. Materials, if furnished by the City, will be made available as specified in these Specifications. The Contractor is responsible for loading, unloading, hauling and handling, and placing City-furnished materials. B. The Contractor shall inspect and assure itself of the amount and soundness of such materials. C. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials that are lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor. SP-38 8-1.07 PRE-BID INQUIRIES -- NO ORAL representations or interpretations will be made to any Bidder as to the meaning of the Specifications, Plans, any addenda, or other Contract Documents. Written requests for an interpretation, or to identify a potential omission, discrepancy, or misunderstanding will be accepted until one week prior to bid opening. If there are any questions regarding this project, please contact: City Engineer's Office Third Floor, 300 N. "D" Street San Bernardino, CA 92418-0001 Subject: CLEANING SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO ( SW-D 2007/08 ) PLANS & SPECIAL PROVISIONS NO. 12364 Attention: Byron Montalvo, Sr. Civil Engineer, Project Manager Tel: (909) 384-5263; Fax: (909) 384-5155 E-mail: montalvo_by @ci.san-bernardino.ca.us SP-39 SECTION 9 9-1 TRAFFIC CONTROL 9-1.01 GENERAL -- Attention is directed to Section 7-10, "Public Convenience and Safety", of the Standard Specifications for Public Works Construction, 2008 Edition and these Special Provisions. Warning signs, lights, cones, barricades and devices for use in performance of work upon highways shall conform to the "Manual on Uniform Traffic Control Devices", current edition, and the "California Supplement", current edition. The Contractor shall submit and obtain City approval for traffic control and traffic detour plans prior to the commencement of operations on a street. Traffic control and detour plans shall be based on the most recent "Manual on Uniform Traffic Control Devices", current edition, and the "California Supplement", current edition. All temporary traffic striping, and maintenance shall be done by the Contractor, including placement of temporary tape on all crosswalks. The Contractor shall restore all existing striping to original configuration as directed by the Engineer. All warning, regulatory and construction signs shall be fully reflectorized. The traffic cones to be used shall be thirty-six inches (36") in height, rubber or plastic, and be reflectorized. All work areas that remain after dusk must be properly illuminated at night to the satisfaction of the Engineer. The Contractor shall take all necessary measures to obtain a normal flow of traffic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall be responsible for implementing the approved traffic control plan based on the most recent "Manual on Uniform Traffic Control Devices", current edition, and the "California Supplement", current edition. The Contractor shall make the necessary arrangements to provide and maintain barriers, cones, barricades, construction warnings, regulatory signs and any other safety control devices, including flagmen. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion, providing and maintaining all necessary barriers, barricade lights and striping, including crosswalks. SP-40 In addition to the foregoing traffic control and safety measures, the Contractor shall immediately implement any measures requested by the Engineer defined as necessary to ensure the proper flow of traffic, the protection of the public and/or the safety of the workers. The Contractor shall maintain at all times the ability to respond to calls from the Engineer, including during non-working hours, to replace or provide additional traffic control or safety devices as required. All places of business and residences along the streets that are within the limits of any work shall be notified by the Contractor in writing at least seven (7) days prior to commencement of work. This notification shall explain the sequence of work and indicate any restrictions of parking and access. Verbal notification shall be given to all places of business and residences at least 18 hours in advance of commencing work that will affect access to and from their properties. 9-1.02 TURN RESTRICTIONS -- The Contractor shall post appropriate signs restricting turns when directed to do so by the Engineer. 9-1.03 PARKING RESTRICTIONS -- Unless otherwise specified herein, the Contractor may post temporary "NO PARKING" signs within the area of work as required to facilitate construction operations, with prior approval of the Engineer. The Contractor shall furnish, maintain, and install (seven days prior to the start of work) all "TEMPORARY NO PARKING" signs with the duration of the no parking time written on them. The Contractor will be responsible for posting, removing, and maintaining these signs as required for this project. The Contractor shall make his own arrangements relative to keeping the working area clear of parked vehicles. The Contractor shall obtain prior approval from the Engineer for removal of vehicles. 9-1.04 TRAFFIC LANES -- Traffic lanes shall have a minimum width of 10 feet with a minimum of one lane open in each direction. A minimum shoulder width of 2 feet shall be provided adjacent to curbs, posts and other similar obstructions, and 5 feet shall be provided adjacent to any excavation, unless otherwise authorized by the Engineer. 9-1.05 ACCESS TO ABUTTING PROPERTY AND ROAD AND TRAVEL LANE CLOSURE -- The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public. Convenience access to abutting properties shall be maintained and remain open, unless approved by the Engineer. SP-41 If lane closures are approved by the Engineer, the full width of the traveled way shall be open for use by public traffic from 4:00 p.m. to 8:30 a.m., all day for Saturdays, Sundays, and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress on working days. The Contractor shall install signs to notify the public of days and times that traveled lanes or roads will be closed seven (7) days in advance of lane or road closures. No traveled lane will be closed without authorized approval given by the Engineer. If any traveled lane or road is allowed to be closed by the Engineer, the Contractor shall install signs to notify the public of days and times that traveled lanes or roads will be closed seven (7) days in advance of the lane or road closure. Personal vehicles of the Contractor's employees shall not be parked o the traveled way at any time. 9-1.06 PUBLIC CONVENIENCE -- During the progress of work, adequate provisions shall be made by the Contractor to accommodate the normal vehicular and pedestrian traffic along streets, roads, and highways, immediately adjacent to or crossing the work, so as to cause a minimum of inconvenience to the general public. Emergency vehicles shall be permitted access at all times to any street. 9-1.07 FLASHING ARROW SIGNS -- The Contractor shall furnish and maintain flashing arrow signs (FAS) during lane closures or detours on streets. The Engineer shall determine when FAS is required at any location. 9-1.08 PAYMENT -- Full compensation for furnishing and installing signs, lights, flares, barricades, traffic control plan and other traffic control devices, necessary to expedite passage of public traffic through the work area, and for conforming to the requirements of this Section, shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. 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 be adopted immediately and shall be considered paid in full as a part of the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. SP-42 SECTION 10 1 0-1 MOBILIZATION 10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section 9- 3.4, "Mobilization", of the Standard Specifications. Mobilization may include, but not be limited to, the following principle items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Providing a Project Office. 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these Specifications 6. Moving onto the site, including, but not limited to: a. Equipment b. Arranging for and erection of Contractor's work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. 8. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet (as required). 9. Installing all temporary utilities (as required). 10. Establishing required fire protection provisions. 11. Posting all OSHA required notices and establishment of safety programs. 12. Posting of all Department of Labor notices. 13. Having the Contractor's superintendent at the job site full-time and responding 24 hours per day. 14. Air and water quality protective measures, as necessary, and without limitation. 15. Potholing and other research and review as necessary to verify site conditions and utility locations. 16. Demobilization of the Site. 17. Any other item as specified. 10-1.02 PAYMENT — Full compensation for mobilization in advance of construction operation and not directly attributable to any specific bid item shall be considered as included in the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. SP-43 SECTION 11 THROUGH SECTION 53 BLANK SP-44 SECTION 54A 54A-1 -- METHODOLOGY FOR CLEANING SEWER LINES AND SIPHONS 54A-1.01 GENERAL - - Cleaning of sewer siphon shall include, but not be limited • to removal of debris, sand, dirt, rocks, building material, vegetation, oil, grease and any other items found in the siphon facility. Removal of objectionable material may be by a vacuum attachment cleaning operation. No flushing of debris into catch basins, parkway culverts or storm drains will be allowed. All removed waste and sewer sludge material shall be disposed of by the Contractor in accordance with SECTION 8-1.01, "Description of Work", and SECTION 6-1.09, "Disposal of Excess Excavated or Removed Material", of these Special Provisions. All other materials related to the performance of the work shall become the property of the Contractor and shall be disposed of by him away from the project sites per Section 6-1.09, "Disposal of Excess Excavated or Removed Material", of these Special Provisions. If the siphon has multiple barrels, the sequence shall be repeated for each barrel. 54A-1.02 STAFFING LEVEL -- Bidders shall provide, in writing, the staffing level that is to be utilized in the cleaning of sewer siphons. This shall be submitted with the Bid Documents in order to demonstrate how the bidder proposes to provide an adequate crew to comply with contract requirements. The information provided shall include the number of crew personnel and equipment to be used per location. 54A-1.03 EQUIPMENT -- The Contractor may chose any of the following options to clean the siphons. These options have suggestions of the type of equipment and minimum requirements. The Contractor shall supply all equipment needed to clean the siphons and even equipment not mentioned or of greater capacity. 54A-1.04 DEBRIS -- Debris shall consist of, but not be limited to, all items found in the sewer manhole, siphons, and area of work. Some items identified are: sand, dirt, rocks, building materials, vegetation, oil, grease, feces, bricks and tires. SP-45 54A-1.05 METHODOLOGY FOR CLEANING SEWER LINES AND SIPHONS — OPTION I - MECHANICAL RODDER All siphons will be rodded (with blades) with a mechanical rodder from downstream manholes to upstream manholes. If the siphon is more than a single barrel, the other barrel will then be plugged, mandating all flow into the barrel that is to be cleaned. After rodding/blading, a cleaning ball will be attached to the rodder while in the upstream manhole and backed up with a winch cable from a winch truck placed at the upstream manhole. The rodder will be used to pull the ball as needed as the water pressure pushes the ball through the line. If there is not enough flow to allow a sufficient water head to build in a short time frame, water will be added to the system. City approval will be required prior to adding water. After building sufficient head pressure behind the cleaning ball attached to the rodder, the winch brake will be released, allowing the ball to commence cleaning, using the rodder, as necessary, to assist. Water pressure will push all debris into the downstream manhole where it will be removed by the Contractor. If the siphon has multiple barrels, the sequence shall be repeated for each barrel. OPTION II - POWER BUCKET MACHINE All siphons shall be cleaned by power bucket machine from downstream manholes to upstream manholes. The power bucket machine shall be used to remove debris, roots, grease or sediments from main line sewers. It shall be equipped with a set of specialized winches that pull the bucket through the pipe to collect debris. The captured materials shall then be physically removed from the sewer pipe. Each cleaning shall be thorough and no residual debris shall be left in the sewer main pipe. If the siphon has multiple barrels, the sequence shall be repeated for each barrel. SP-46 OPTION III - HIGH WATER PRESSURE SYSTEM Siphons will be cleaned using a high-pressure water jet. Required flow rate for the jetter is 350 gpm at 2,000 psi, or greater, with dual 1.25" hoses with a length of 2,000 linear feet. To extract debris, a positive pressure pump system should be used. The recommended pump should be a 6-inch submersible pump rated at 2,500 gpm. Cleaning equipment shall be capable of utilizing sewer effluent in lieu of potable water. Should sufficient effluent not be available, the Contractor is responsible for all charges for water meter setup and water usage. If the siphon has multiple barrels, the sequence shall be repeated for each barrel. Equipment will be a closed loop system that uses hoses and/or piping that shall never be in contact with the public water supply. 54A-1.06 MANHOLES -- Cleaning and scrubbing of manhole walls shall be required for each manhole in the area of work and shall be included in the various contract bid lump sum prices paid for each siphon location in the "Cleaning Sewer Siphons at Various Locations" bid schedule. 54A-1.07 DEFINITION OF A CLEANED SEWER SIPHON - Each sewer siphon shall be considered cleaned after inspection has proven that the sewer siphon does not have any sand, dirt, vegetation, oil, grease, or any loose items remaining. If such items are found, the Contractor shall clean the siphon until the line is considered cleaned. A cleaning ball sized at 95% of the pipe shall be pulled through each barrel with a City Inspector present. The ball shall be pulled at a normal rate of resistance. The City Inspector shall identify if the siphon is considered clean. "NO CITY INSPECTOR PRESENT = UNCLEAN SIPHON" 54A-1.08 DAMAGED PIPE - Each Cleaning Methodology has it's own challenges. If a sewer siphon or manhole is damaged by the Contractor, the Contractor shall fix or replace the damaged pipe or manhole to its original capacity prior to cleaning, at the Contractor's expense. Any alternate method of repairing the siphon suggested by the Contractor shall require prior approval by the Engineer. SP-47 54A-1.09 PAYMENT - The contract bid lump sum price paid for the various locations where sewer siphons are to be cleaned, shall include full compensation for providing all the material and equipment, and for doing all the work involved in the cleaning of the sewer siphons, as described in these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefor. • SP-48 PART III APPENDIX LOCATION MAPS 4 , ;AI ,„„ City of San Bernardino, California i Development Services Department, Public Works Division I SEWER SIPHONS CLEANING FOR 1 INLAND CENTER DRIVE AT i LYTTIE CREEK CHANNEL I PROJECT PROD ITHOMAS BR3 MAP LOCATION PAGE:606 G3 E _ x ^ _ 9 r ehG1: J •(f Ci _ J , 111.E 'Q R N PPS :IEPP PD 4 f p 1±t.'1 ! !_Ip eRS q .»-mow ,1 I ,1 :?- u. r L' l''" �� TI u' r !' 3 -` -4 ,unu, i 1-= — 1 . "I LPL.. 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TRfF 's�7 Cr ' ri •! 24 ft• V�B ...„s........,.. .0. r I + rsr8.si OAT • • -t 2 - • -c J.F Sri I ! ` i �`� ,r:...;a •:v� ,f•h z, � 6tETa 4.. 4539.35 1��?�f�� ' Y A i�..• •� 1 �.t •' `�2 • •� ' O :.„ /1,11.10 . rS7S.S9 d. f 1� , 4 M CONTRACT AGREEMENT AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this //)-/ day of A/C r a P.y y I s i , 20 Q , between the City of San Bernardino(owner and hereinafter"CITY"), and DOGOns}fI"Pt_c.m (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the to complete in good workmanlike and substantial manner the CLEANING OF SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO ( SW-D 2007/08 ) in strict conformity with Plans and Special Provisions No. 12364 , and also in accordance with Standard Specifications for Public Works/Construction, 2008 Edition, on file in the Office of the City Engineer, Public Works Division, Department of Development Services, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions,and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color,national origin,religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy,as recipient deems appropriate. AGREEMENT: CLEANING OF SEWER SIPHONS AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO ( SW-D 2007/08 ) 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do 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 same parties for themselves, their heirs, executors,administrators,and assigns,do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF S ■ BERNARDINO Name of Firm: 006t4c 1CQ BY: M• ' F. WEINBERG,Interim City Manager City of San Bernardino BY: 4. / TITLE: Ore,i ATTEST: MAILING ADDRESS: ,U)5 Pr 5r P1acQ RACHEL G. CLARK _ : i . . !. A City Clerk )0.00tars.j:%644_,;red PHONE NO.:c ) 7L 6 354 T' APPROVED AS TO FORM: ATTEST: ES F. PENMAN, City Attorney Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation,Secretary should attest. Oft s.YON PPM two P.. ..1, VOW Obi .. ma NMI Immo R `r PERFORMANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Executed in Three(3) Original Bond No. 105174495 Premium: $860.00 Premium is for contract term and subject to adjustment based on final contract price. KNOW ALL MEN BY THESE PRESENTS: That Downstream Services,Inc. as Principal,hereinafter called Contractor,and,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford,Connecticut,a corporation duly organized under the laws of the State of Connecticut,as Surety,hereinafter called Surety,are held firmly bound unto City of San Bernardino as Obligee,hereafter called Owner,in the amount of Fifty Seven Thousand,Three Hundred Fifty and 00/100 Dollars($57,350.00),for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated , entered into a contract with Owner for Cleaning Sewer Siphons at various locations in the City of San Bernardino(SW-D 2007/08) in accordance with Drawings and Specifications prepared by N/A (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such a contract between such bidder and Owner, and make available as that, if Contractor shall promptly and faithfully perform said Contract, Work progresses (even though there should be a default or a then this obligation shall be null and void; otherwise it shall remain in succession of defaults under the contract or contracts of completion full force and effect. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, The Surety hereby waives notice of any alteration or extension of time including other costs and damages for which the Surety may be liable made by the Owner. hereunder,the amount set forth in the first paragraph hereof. The term "balance of the contract Whenever Contractor shall be, and declared by Owner to be in default price", as used in this paragraph, shall mean the total amount payable under the Contract, the Owner having performed Owner's obligations by Owner to Contractor under the Contract and any amendments thereunder, the Surety may promptly remedy the default, or shall thereto,less the amount properly paid by Owner to Contractor. promptly Any suit under this bond must be instituted before the expiration of two 1) Complete the Contract in accordance with its terms and conditions, (2)years from the date on which final payment under the Contract falls due. or 2) Obtain a bid or bids for completing the Contract in accordance with No right of action shall accrue on this bond to or for the use of any its terms and conditions, and upon determination by Surety of the person or corporation other than the Owner named herein or the heirs, lowest responsible bidder, or, if the Owner elects, upon determination executors,administrators or successors of the Owner. by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed and sealed this 14th day of November, 2008. ` Downstream Services,Inc. \la .__ k.r`,. (Principal) (Seal) (Witness) /� BY: /' PC'S i t is ma ePo (Title) \,-- (A—; TRAVELERS i SUALTY AND SURETY COMPANY OF AMERICA (Witness) BY: Lawre 4.McMahon,Attorney-In-Fact Printed in cooperation with the American Institute of Architects(AIA)by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A311,February 1970 edition. Page 1 of 2 S-1870-E (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego NOV 1 4 2008 Audrey Rodriguez, Notary Public On before me, Date Here Insert Name and Tide of the Officer personally appeared Lawrence F. McMahon me(.)o,ser(e) • who proved to me on the basis of satisfactory evidence to be the person(%) whose name( is/at%subscribed to the within instrument and acknowledged to me that he/ ie/Olory executed the same in his/War/Mir authorized capacity(1 ), and that by hisb r/t it signature( on the instrument the person(), or the entity upon behalf of which the person(%) acted, executed the instrument. ,, AUDREYRODRIGtJEZ I certify under PENALTY OF PERJURY under the laws COMM.#1631526 -�� * �t NOTARY PUBLIC-CALIFORNIA n of the State of California that the foregoing paragraph is L) �r SAN DIEGO COUNTY n true and correct. r .• My Commission Expires DECEMBER 19,2009 WITNESS m i han. :nd offi a s-.I. . Signature 1 II riAl L I 1 .iLlCiII v. Piece Notary Seal Above alliiiiiiiiiiilli OPTIONAL . Though the Information below is not required by law,if may prove valuable to persons"ng on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer--Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Attorney In Fact OF SIGNER LI Attorney in Fact OF SIGNER El Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator El Guardian or Conservator ❑ Other: El Other: Signer Is Representing: Signer Is Representing: ro +''a.•d, .. '�...�. . .... :vase,. e c k [' Q�J€ "c C' ,.�.... , .- .. 02007 National Notary Aasoda9on•9350 De Soto Aw.,P.O.Box 2402•Chatsworth,CA 81313-2402•www.NationelNotarxorq !tam#5907 Reorder;Call Tol-Free 1.800-8766827 ,� WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS' Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 217991 Certificate No. 002467434 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Christine A. Paterson, Penny E.Kelley,James Baldassare Jr.,Lawrence F.McMahon,James R.Sommerville,and America San Martin of the City of San Diego , State of California ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 25th IN WITNESS WHEREOF,the Compani2008 have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of June Farmington Casualty Company St.Paul Guardian Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company. y Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 1'191 II. G .aF\RE6 'N INS• '•+. ..q 4 0''"Y"°0% N�pyyp(�1• r O z �t TA: W:cc f1 _ < t111HfF6RD,rS � `•`.'.w,�NWtED u [s,w� m Fi _._ :n; NARTFORD, F � 1 1932 e'o -. 1977 - 7 T'K" ;• IL n t�: got 2) RTFCI o P N `•' � i �; E 1951 . [ SE !ol �;SSAL,•'3 �, D ' ' ,tis SANG C...44 °IS.'N f a1....... 'ad �bt ��° MO �61y. NOJ 'Nd ..� 'v °�n.„.w ..„..t ate 4:... N r*/ State of Connecticut By: City of Hartford ss. Georg Thompson,'enior ice President 25th June On this the day of 2008,before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET ` ,� .0A^' ,, ,,'' In Witness Whereof,I hereunto set my hand and official seal. '� `�� c W�/" My Commission expires the 30th day of June,2011. C PIMP * Marie C.Tetreault,Notary Public � 4eAr CI* 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. NOV 1 4 2008 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 Kori M.Johans Assistant Secretary Do197 ) '" $(7p'p SURETY Jr E�aet.z, ��N ,NSG, 4"~—~^. s "'+•e �tV AN w O IYS d iY. n yf yc0. �. AI/ �:SEALji CONN. CONH. ? n X898 • yU` n • OFret 'a,44,∎%Z o'js,,;:4!> $1 .... ' • +re t?AM Q! To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER LABOR AND MATERIAL TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PAYMENT BOND Hartford, Connecticut 06183 Executed in Three (3) Original Bond 105174495 Premium included in premium charged for Performance Bond. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFULL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Downstream Services, Inc., 2855 Progress Place, Suite A, Escondido, CA 92029 (Here insert full name and address or legal title of Contractor) as Principal,hereinafter called Principal,and,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford,Connecticut,a corporation duly organized under the laws of the State of Connecticut,as Surety, hereinafter called Surety,are held firmly bound unto City of San Bernardino, City Hall, 300 North D Street, San Bernardino, CA 92418 (Here insert full name and address or legal title of Owner) as Obligee,hereinafter called Owner for the use and benefit of Claimants as hereinbelow defined,in the amount of Fifty Seven Thousand,Three Hundred Fifty and 00/100 Dollars($57,350.00),for the payment whereof Principal and Surety bind themselves,their heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated ,entered into a contract with Owner for Cleaning Sewer Siphons at various location in the City of San Bernardino(SW-D 2007/08)in accordance with Drawings and Specifications prepared by N/A (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such of the materials for which said claim is made,stating with that, if Principal shall promptly make payment to all claimants as substantial accuracy the amount claimed and the name of the hereinafter defined, for all labor and material used or reasonably party to whom the materials were furnished,or for whom the required for use in the performance of the Contract, then this obligation work or labor was done or performed. Such notice shall be shall be void; otherwise it shall remain in full force and effect, subject, served by mailing the same by registered mail or certified however,to the following conditions: mail,postage prepaid,in an envelope addressed to the Principal,Owner or Surety,at any place where an office is 1) A claimant is defined as one having a direct contract with the regularly maintained for the transaction of business,or Principal or with a Subcontractor of the Principal for labor, material, or served in any manner in which legal process may be served both, used or reasonably required for use in the performance of the in the state in which the aforesaid project is located,save that Contract, labor and material being construed to include that part of such service need not be made by a public officer. water, gas, power, light, heat, oil, gasoline, telephone service or rental (b) After the expiration of one(1)year following the date on of equipment directly applicable to the Contract. which Principal ceased Work on said Contract,it being understood,however,that if any limitation embodied in this 2) The above-named Principal and Surety hereby jointly and severally bond is prohibited by any law controlling the construction agree with the Owner that every claimant as herein defined, who has hereof such limitation shall be deemed to be amended so as not been paid in full before the expiration of a period of ninety(90)days to be equal to the minimum period of limitation permitted by after the date on which the last of such claimants work or labor was such law. done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final (c) Other than in a state court of competent jurisdiction in and for judgment for such sum or sums as may be justly due claimant, and the county or other political subdivision of the state in which have execution thereon. The Owner shall not be liable for the payment the Project,or any part thereof,is situated,or in the United of any costs or expenses of any such suit. States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. 3) No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with 4) The amount of this bond shall be reduced by and to the extent of the Principal, shall have given written notice to any two of the any payment or payments made in good faith hereunder,inclusive of following: the Principal, the Owner, or the Surety above- the payment by Surety of mechanics'liens which may be filed of record named, within ninety (90) days after such claimant did or against said improvement,whether or not claim for the amount of such performed the last of the work or labor,or furnished the last lien be presented under and against this bond. Downstream ervices, Inc. (Principal) (Seal) i. (Witness) // / / L /�ie�,`c�e �/ �7lGt �(9�-1'�� (Title) TRAVELERS SUALTY AND SURETY COMPANY OF AMERICA (Witness) By Lawren cMahon,Attorney-In-Fact Printed in cooperation with the American Institute of Architects(AIA)by Travelers sualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A311,February 1970 edition. Page 2 of 2 S-1871-F(07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of, San Diego On NOV 14 2008 before me, Audrey Rodriguez, Notary Public p Here Insert Name and'Tide of the Officer personally appeared Lawrence F. McMahon lieme(e)of Signer(e) r who proved to me on the basis of satisfactory evidence to be the person( ) whose nameN is"att(subscribed to the within instrument and acknowledged to me that he/akie/tiOy executed the same in his/tier/Mir authorized capacity*), and that by his/NU/Mr signature(04) on the instrument the person(s), or the entity upon behalf of which the person() acted, executed the instrument. /,....z..-,. , "" AUDREY RQDRIGUEZ r.. CQMM.#1631 26 c I certify under PENALTY OF PERJURY under the laws Pr''yOTARY PUBLIC CALIFORNIA of the State of California that the foregoing is , SAN DIEGO COUNTY 9 g Q � `: ` My Commission Expires true and correct. DECEMBER 19,2009 WITNESS my/and - d offici, Signature I v All JAI■'AI. Place Notary Seal Alwwi=. OPTIONAL 1 . Though the Information below is not required by law,it may prove valuable to persons - ! on the document and could prevent fraudulent removal and reattachment of this form to anothe •,cument. Description of Attached Document Title or Type of Document: Document Date; Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual El Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General RIGHTTHl1filBPRI?JT ❑ Partner—O Limited 171 General RIGHT THU6i8PRlNT ❑ Attorney In Fact OF SI(ONJLH ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator El Guardian or Conservator ❑ Other: El Other: Signer Is Representing: Signer Is Representing: 02007 National Notary AesocJalIon•9350 De Soto Avg.,P.O.Box 2402•Chatsworth,CA 91313-2402•wwwNatiortialNolaryap !tern#5907 Reorder Call Toll-Free 14900-878$827 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • Aft. POWER OF ATTORNEY J TRAVELERS . Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 217991 Certificate No. 002467438 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Christine A. Paterson,Penny E.Kelley,James Baldassare Jr.,Lawrence F. McMahon,James R.Sommerville,and America San Martin of the City of San Diego ,State of California ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 25th day of June 2008 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company O?y�O ow oAt N� �V tl ,. 9*r y qy B ��"'�F'�\,',0.„•E�6o .s 9 Oa M I AN I of s•,M-...O.g.Rt....;4. ••.s P�1 Y ANam, <t°"4.4.•_ mq Y w_ 0� to ` ca°eO Q1927 g � � �!t°":44 T m c m wmnn9 y 9 s z 197g = 1951 cost R Vcr�s j �CF NEt� � j� � °. p` .. Ati '/ State of Connecticut By: - City of Hartford ss. Georg Thompson, 'en or ice President On this the 25th day of June 2008 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. TeNIn Witness Whereof,I hereunto set my hand and official seal. "TAR " C My Commission expires the 30th day of June,2011. * AUBLO . W w Marie C.Tetreault,Notary Public s 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER R � This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of NO V 1 4 2008 20 Kori M.Johann Assistant Secretary RS C.1,4 . PRTI story ai a 0°+'ayr is ci J �y, Q��NN,�NyG } .... q�., JP�•Y Atics y4044 y ��1Y,1� O �o �v11' 'iTgi „„N''' f CpR P°R ! F 4:' :CPI. y $ y't s. s -pan TED 1927 �I �) ml 11"i`O-4 ':t^t ul !9 8 2 a -pan/ �7 K ✓ 4.aa"' t -.- f!° " HARTFORD < '3 W{G°N't , ! "+rctrS_ 19Jr1 ' m,, �s-4 s � � �f'..SE$L.o; i�tSELL.%O3 coNN. o •i� '^ 896 yr � - y >F 4R2s ''c° y......:.".". 40 ANA y� � d `�OFNEW`' ""m`'�;�nI fS..N,�L_ v1•..... To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER