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HomeMy WebLinkAbout2008-439 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. 2008-439 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO AK ENGINEERING FOR TRAFFIC SIGNAL MODIFICATIONS AT WATERMAN AVENUE AND PARKDALE DRIVE (TC05-07) PER PROJECT PLAN NO. 11628. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. AK Engineering, 1254 S. Waterman Avenue #17, San Bernardino, California 92408, is the lowest responsible bidder for the Traffic Signal Modification at Waterman Avenue and Parkdale Drive (TC05-07) per project Plan No. 11628. A contract is awarded accordingly to said bidder in a total amount of $77,010.00, with a contingency amount of $7,701.00, 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; a copy of the contract agreement 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. The Director of Finance is hereby authorized and directed to issue a Purchase Order for additional services based on said contract. SECTION 3. 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 4. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. 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 2008-439 RESOLUTION. . . AWARDING A CONTRACT TO AK ENGINEERING FOR TRAFFIC SIGNAL MODIFICATIONS AT WATERMAN AVENUE AND PARKDALE DRIVE (TC05-07) PER PROJECT PLAN NO. 11628. 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 011 the a,..J..J.. kJ. ~ '- City Clerk The foregoing resolution is hereby approved this O?n.(! day of Dprpmhpn 2008. . Approved as to form: JAMES F. PENMAN, City Attorney By: f1/~ COUNCIL MEETING 12-1-08 FILE NO. 1.7492 RESOLUTION 2008-439 ACCT NO. 250-370-5504-7492 ITEM #12 CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS PPM air PLANS AND SPECIAL PROVISIONS NO. 11628 FOR TRAFFIC SIGNAL MODIFICATION AT WATERMAN AVENUE AND PARKDALE DRIVE (TC 05-07) IP0 C6- a No.54931 ) 2 * Exp �30- */ 4 C►VI�- ‘•?/ rF Of CAti�j tsiw DIVISION OF PUBLIC WORKS DEPARTMENT OF DEVELOPMENT SERVICES IMO CITY OF SAN BERNARDINO JANUARY,2008 ar' BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON NOVEMBER 4 , 2008 gdW/Bir ///4 DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS The "Bid and Contract Documents" for this project consists of three (3) Parts as follows: PART I — Administration PART II — Special Provisions The above two (2) parts are bound together in one (1) manual titled "Bid and Contract Documents" PART III — PLANS, Drawing No. 11628, One (1) separately bound 4 sheet set TRAFFIC SIGNAL MODIFICATION AT WATERMAN AVENUE AND PARKDALE DRIVE (TC 05-07) Contents for Bid and Contract Documents.doc CITY OF SAN BERNARDINO TABLE OF CONTENTS PART I ADMINISTRATION NOTICE INVITING 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, INSTRUCTIONS TO BIDDERS 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-12 SECTION 5 - LEGAL REQUIREMENTS SP-14 SECTION 6 - GENERAL SP-20 SECTION 7 - UTILITIES SP-31 SECTION 8 - DESCRIPTION OF WORK SP-36 SECTION 9 - TRAFFIC CONTROL SP-39 SECTION 10 - MOBILIZATION SP-42 SECTION 11 - CLEARING AND GRUBBING,UNCLASSIFIED EXCAVATION SP-43 AND UNCLASSIFIED FILL SECTION 12 THROUGH SECTION 23 BLANK SP-45 SECTION 24 - TRAFFIC SIGNAL SP-46 SECTION 24A - INDUCTIVE LOOP DETECTOR SP-59 SECTION 25 THROUGH SECTION 49 BLANK SP-63 SECTION 50 - REMOVAL&RESTORATION OF EXISTING IMPROVEMENTS SP-64 EXCEPT STREET PAVEMENT ENCROACHMENT PERMIT-STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PROJECT LOCATION SURVEY DOCUMENT CONTRACT AGREEMENT PAR ADMINIS Engineer's Estimate (Range Only): $60,000 to $80,000 NOTICE INVITING SEALED BIDS CITY OF SAN BERNARDINO Owner NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: TRAFFIC SIGNAL MODIFICATION AT WATERMAN AVENUE AND PARKDALE DRIVE (TC 05-07 ) in accordance with Special Provision No. 11628 in 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 $15.00 for each set if picked up in person. Upon request, the Plans and Special Provisions may be mailed for an additional charge of $5.75 per set. 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,, November 4, 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 m 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 , October 28, 2008 1 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.dir.ca.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, as set forth in the provisions of Resolution No. 7414 of the Mayor and Common Council of the City of San 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 Third Floor San Bernardino City Hall 300 North"D" Street San Bernardino, CA 92418 Subject: TRAFFIC SIGNAL MODIFICATION AT WATERMAN AVENUE AND PARKDALE DRIVE (TC 05-07) PLANS AND SPECIAL PROVISIONS NO. 11628 Attention: Robert Eisenbeisz, R.C.E., City Engineer Tel: (909) 384-5203; Fax: (909) 384-5155 E-mail: eisenbeiszro @sbcity.org Responses will be provided to written questions only. No written response will be provided to verbal questions. CITY OF SAN BERNARDINO e& Alieodc RA EL G. LARK City Clerk NOTICE TO ADVERTISE: SPECIFICATION NO. 11628 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE: 10/07/08 and 10/13/08 . (FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION) SIGNATURE DATE BID DO11�! 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, 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 TRAFFIC SIGNAL MODIFICATION AT WATERMAN AVENUE AND PARKDALE DRIVE (TC 05-07 ) in strict conformity with Plans and Special Provisions No. 11 628 , 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: B-1 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 11628 TRAFFIC SIGNAL MODIFICATION AT WATERMAN AVENUE AND PARKDALE DRIVE (TC 05-07) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE IN OTAL NO. OUANTITY UNIT AND UNIT PRICE WRITTEN IN WORDS IN FIGURES 1 1 LS MOBILIZATION, at he Lump Sum rice of O�¢-'�G°'4. .;deNue(, Dollars & ? / Cents LS $ \/ SoO 2. 1 LS TRAFFIC CONTROL at the Lump Sum price of Cu . \ItatAscm4 _ Dollars ^ & 'Lei.° Cents LS $ \, 000 , 3. 1 LS TRAFFIC SIGNAL MODIFICATION, per PLAN NO.11628(and additional Parts per SECTION 24)at the Lum Sum price of G 1V51 .2, two 1WU 4 Sl Dollars & -/,,Yl) Cents LS $ ' ho . 4. 8 EA TRAFFIC INDUCTIVE LOOP DETECTOR at 4e 4' S°f Dollars & Z¢Kt) Cents per EACH S.coo. /EA $ 4,000 5 1 LS NPDES REQUIREMENTS for BMP,per ECTION 6-1.03 at the Lump Sum price of_ n L.1 it Dollars LS $ 1t�0 ^ & [ p Cents 6. 1 LS SURVEYING SERVICE,per SECTION 6-1.10, at the Lump Sum price of em µtol.tr -/ Dollars LS $ 7SQ " Cents 0 TOTAL BID $ 1'1, O k 0 . NOTES: The unit in written Amounts,r"UNIT"I prices shall govern over blank extended amounts,and"WORDS" shall govern case ofdiscrepancy over"UNIT"figures. Total bid price for the entire contract work shall include the cost of labor,materials,equipment parts,implements,taxes and supplies necessary to complete the project,as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID DOCUMENTS section as their bid to the City. Failure to do so will result in the bid being non-responsive. BIDDER declares that this Bid is based upon careful examination of the work site and Bid and Contract Documents, including the special provisions contained in the copy of the CITY's California Department of Transportation (Caltrans) Encroachment Permit provided in the APPENDIX of these Special Provisions. B-2 BIDDER'S INFORMATION AND SIGNATURE: It is the understanding of the undersigned that the work hereinall bedescribed ted within l be com enced within 10 working days from the date of the "Notice to Proceed", and completed from the date of said notice,as directed in SECTION 4 of these Special Provisions.. necessary The undersigned further agrees that in case Bidder's executing the contract, or accompanying this bid be paid to bonds,all within the specified time,the proceeds of t he B the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, LICENSE EXPIRATION NO.: CI OcGt CLASSIFICATION: DATE: (i- 3 O ci FIRM NAME: ' NA, BUSINESS ADDRESS: t'7 Sak i)e,(--vv,raf;Kam/ Oc VI 0 t5 BUSINESS PHONE(561)8?U-o Z( FAX CELL: 90 g)L,$a -�,Z.l � 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: Is Bidder currently a certified DBE? Yes ❑ No , Legal Status of irm NAME(S1 ADDRESS(ES) Itc p-N►R l_ V<i-1 t-Lt L. 12S4 S. t,J ahr',l taw. hve .11 L. • : SIGNATURE OF BIDDER: Ka l'W/(S Dated: L I— 0 ,20 66 BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 DATE: ADDENDUM NO. 2 DATE: ADDENDUM NO. 3 DATE: ADDENDUM NO. 4 DATE: C-1 ****************************************************************** SPECIAL NOTICE ****************************************************************** The bidder's attention is directed to the section entitled, "Required Listing of Proposed Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for signal and lighting work as in the past, all subcontractors are now to be listed in the Designation of Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-half of one percent of the total bid or$10,000.00, whichever is greater. In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a notice of the claim must be submitted to the Office of the City Engineer in writing within 2 working days after the time of the bid opening and send copies of the notice to the subcontractors involved. C-2 A -. e..fJ Cr/isfee12- G-- BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS PLANS & SPECIAL PROVISIONS NO. SP 11628 In compliance with the provisions of Section 4100-4114 of the State of California Public Contract Code, 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. eTfevitic elK4AAA-tg.<- l Z $tsC. 04Y.C20-10 2 i $ L o Fs M6� (57.) 2. $ 3. 4. 5. 6. IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK C-3 gar ,, F ag cc 1- c � 3 a. 2 2Oz GA kJ w f ( .7 .fir C IN 4, 0O rKi (/1 •N Or E• zz O I O fa. U .Z t Z'U — F a h agcy z. ---? 4, gi 9 4 z i O v) w m e m h i U = = z z rn o C = 4 A a V > za v L Z °q w `0 g `� P r v 2 o a. 2 N - co --4 ■=f, ..J f 4'' . 0:1 .z 4 P VI CI H ›" a .V LuFO W Fw S V A 0 -g G * :, 4 O Haw y 00 4 2 b ' p.,2 a! 8" I t CK JP W v { o ti N 3 `r o L i z 8 Q z a a O 1). Ci. Ly (gIfir L %) • 0 I ( y ;ii l' ■ ,.L3 a. C 6 El 41H v r .• 2-N- "Cl g ` � = i F o U E C. v O 7' o Q Z 7 4 a a , o O z " O u. . p `a __ V1 aa 4 aa La C-4 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: -x_k BY: 14 4Y. TITLE: Owl C DATE: 1t-- o9 _.., O8 C-5 (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 price or any breakdown thereof, or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. R Firm Name Ki y Signature of Bidder 1<4)A A L VgAt_‘L. D Low- Printed Name an Title a wr ns, 1'1 S a t tc-ktr- u.o� c. 2.g05 Business Address 1,(Vta Place of Residence Subscribed and sworn to before me this day of 47,„--K41,47-- ,20c-,‘ Signed - otary Pub in and for the County of 1 •'F 10NATHAN VIRGILIO COMM. #1548914 z r Notary Public•California o z `w�. San Bernardino County 0E',17X/ ✓;-� , State of California. . M Comm.Expires Jan.30,2009! My Commission expires on t/e'WQ , Year C-6 BOND #8908552 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, AK ENGINEERING as Principal,and FINANCIAL PACIFIC INSURANCE COMPANY as Surety, are hereby and firmly bound unto the City of San Bernardino , Statc of California, hereinafter referred to as"Obligee" in the penal sum of ten percent ( 10% ). of the 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. THE 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 TRAFFIC SIGNAL MODIFICATION AT WATERMAN AVENUE AND PARKDALE DRIVE (IC 05-07) (Copy here the exact title description of work including location as it appears on the proposal) for which bids are to be opened on NOVEMBER 4, 2008 (Insert dare 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, then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby waive notice of any such extension. • Signed, this 315T day of OCTOBER , 20 08 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as arc corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned. AK ENGINEERING (SEAL) FINANCIAL PACIFIC INSURANCE COMPANY (SEAL) Principal Surety By: � BY: 41�uC. ��-C��j Signature Signature KA AA/IL.. /OLf' i.r PAMELA MCCARTHY, ATTORNEY—IN--FACT Printed Name and Title Printed Name and Title NOTE.Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. C-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT • State of California > ss. County of San Bernardino ▪ On /6-3/--0 V before me, Frances Lefler, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") • personally appeared Pamela McCarthy Name(s)of Signer(s) i who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, a and that by her signature on the instrument the person, or the entity upon behalf of which the person rtIrMllww�nca'r',, acted, executed the instrument. r-F,f.i ci� i_rri.Ei . E. •✓ COMM.#'i798660 I certify under PENALTY OF PERJURY under the laws of , NOTARYPUBLIC-CALIFORNIA the State of California that the foregoing is 'fir SAN BERNARDINO COUNTY g g • My Comm.Expires May 20,2012 true and correct. WITNESS my hand and official seal. i cO- d, itz!(7. : natur f Notary Public i . • • OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent • 1 removal and reattachment of this form to another document. • • • Description of Attached Document • Title or Type of Document: • Document Date: Number of Pages: r Signer(s) Other Than Named Above: • Capacity(ies) Claimed by Signer(s) • Signer's Name: ▪ O Individual O Corporate Officer . RT THUMBPRINT Title OF SIGNER El Partner -- O Limited CI General Top of thumb here • El Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: • 1 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER B908552 POWER NUMBER 9 0 8 5 5 2 PRINCIPAL AK ENGINEERING PENAL SUM 10% OF AMOUNT BID KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make,constitu appoint: Jay P. Freeman, Susan C. Monteon, Frances Lefler,Pamela McCarthy its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Company as surety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,recognizances or other written obligations in the nature thereof as follows: Bid,Performance,Payment, Subdivision and Miscellaneous Bonds up to $1,500,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995,which are now in full force and effect: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company,to execute and deliver and affix the seal of the Company to bonds,unbdertakings,recognizances,and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required)by one or more attorneys-in-fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company;any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Financial Pacific Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 12th of September,2007. og11lUIIMI �.�`�AC INS1. �l',/ — �� QGppPP Ogq q"uo % ��� _ v / v i Ul 2 :M 5 Ed ':Q J.Paoletti,Vice President Jo R.Hollingshead,Seer- ary• 3�•, 1986 '-°= 'q/FOP. • •STATE OF CALIFORNIA,COUNTY OF SACRAMENTO On this 12th of September,2007,personally came before me Edward J.Paoletti and John R.Hollingshead,to me known to be the individuals and officers of Financial Pacific Insurance Company,who executed the above instrument,and they have acknowledged the execution of the same, and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. , LISA ROPER ...11111 1 r FAv 2 ,, NOTARY PUBLIC-CALIFORNIA; P �c PLACER COUNTY to.Roper My Comm.Expires July 6,2011 M'A""\`411�A"/IY" \MLW,MrIIMAI CERTIFICATE I,the undersigned Secretary of Financial Pacific Insurance Company,a California corporation,DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board of Directors se forth,and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. / Signed and sealed at Sacramento,this 31ST day of OCTOBER ,20 08 A :' -' 1111Ih�'1./, John ' ollingshead,Secretary Financial Pacific Insurance Company seal must be affixed PART II SPECIAL PROVISION 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, 31d Floor San Bernardino, CA 92418 Resident Engineer - The Resident Engineer is the City of San Bernardino's 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 following the date of the CITY's Notice of Award letter, 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 5 % 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. *In the case short bid opening periods, proof of faxes requesting MBE, WBE participation and faxed requests for assistance in recruitment of MBEs and WBEs shall suffice. 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 -- The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. The 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 Notice to Proceed 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. The Contractor shall provide to the CITY three (3) original "wet" copies of Payment and Performance Bonds equal to 100% of the award amount of the contract. 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. If, during the course of examination, a Bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall notify the Engineer immediately. C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the CITY is not intended to be a substitute for, or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. SP-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 90 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 -- 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 WORKERS' COMPENSATION INSURANCE TheContractor's attention is directed to Section 7-4, "Workers' Compensation Insurance", of providing that the Contractor shall file a signed Certificate of Workers' 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 Mayor p and Common Council of prevailing wage rates specified in Resolution No. 90-358 of the 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. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: SP-15 (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 ACORD FORM INSURANCE SAMPLE: DATE(htAi/YY/DD) ACCORD CERTIFICATE OF INSURANCE 00/00/00 /00/00 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. COMMERCIAL ASSOCIATES INS.,INC. THI COVERAGE CERTIFICATE DOES NOT BY THE AMEND,EXTEND,, OR ALTER 1226 EAST LA PALMA AVENUE COMPANIES AFFORDING COVERAGE ANAHEIM, CA 92807 COMPANY (714)524-4949 FAX: (7145)524-4940 A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA—VALLEY FORGE YOUR COMPANY NAME COMPANY CHUBB GROUP—FEDERAL INSURANCE AND ADDRESS C COMPANY D COVERAGES INTHIS IS TO CERTIFY 11-IAT THE SURANCE REQUIREMENT,TERM,OR CONDIITIONFOF ANY CONTRACT OR BELOW OTHER DOCUMENT ISSUED ITH RESPECT INSURED O 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 POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS LTR TYPE OF INSURANCE NUMBER DATE(MM/YY/DD) DATE(MM/YY/DD) GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 — FIRE DAMAGE(ANY ONE FIRE) X COMMERCIAL GEN LIABILITY FIRE 500,000 A CLAIMS MADE OCCUR MED EXP ANY ONE PERSON) S 5,000 — X OWNER'S&CONTRACTOR'S PROT 102267576 02/01/98 02/01/99 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGREGATE S 2,000,000 PRODUCTS-COMP/OP AGG S 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 AUTO BODILY INJURY X er Person _S T ,ODILY.INJURY B ALL OWNED AUTOS •er Accident OPERTY DAMAGE S BAP 5197135 02/01/98 0 PR SCHEDULED AUTOS •er Accident _S HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY _ $ AUTO ONLY-EACH ACCIDENT other than auto only: EACH S ANY AUTO ACCIDENT — other than auto only: S AGGREGATE X WORKERS COMP WORKERS COMPENSATION AND STATUTORY L¢�f1TS EMPLOYER'S LIABILITY SI 000000 E.L.EACH ACCIDENT _ C — WC XXXXXX 02/01/98 02/01/99 SI,000,000 E.L.DISEASE–EA EMPLOYEE THE PROPRBtETOR/ INCL $1,000.000 PARTNERS/EXECUTIV E.L.DISEASE–POLICY LA97 , E OFFICERS ARE: EXCL . OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/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 ISSIJEING COMPANY WILL MAIL JL)DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE DEPARTMENT OF DEVELOPMENT SERVICES LEFT. DIVISION OF PUBLIC WORKS AUTHORIZED REPRESENTATIVE JOHN E.SMITH (Signature) 300 N. "D" STREET, 3RD FLOOR SAN BERNARDINO,CA 92418-0001 o ACCORD CORPORATION ACCORD zs-s (1/95) 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 SAMPLE ONLY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. NOTE: MUST BE 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, siting criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-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 Ditches/Berms 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.ca.gov/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 Field Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Field Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Field Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Field Engineer will notify the Contractor of the acceptance or rejection of the revised SWPPP within seven (7) working days from the date of submittal. 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 Section 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. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. 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, 3`d 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. The Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions and/or agencies including, but not limited to, Building Inspection 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. SP-25 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform to the provisions of Section 3.3, "Extra Work", of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. A. Work by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Material 15 3) Equipment Rental 15 4) Other items and Expenditures 15 To the sum of the costs and markups provided for in this subsection, 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. SP-26 Designated legal Holidays are: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4`h, the first Monday in September, November 11th, Thanksgiving Day and the Friday following, December 25t and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9- 3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. 6-1.10 SURVEYING SERVICE -- 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. SP-27 The Contractor shall perform and be responsible for the accuracy of surveying adequate for construction. A California registered Civil Engineer licensed to perform surveying or a California registered Land Surveyor shall perform any surveying or staking, as directed by the Engineer, at the expense of the Contractor. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at the expense of the Contractor. In case of missing or incorrect ties, the Contractor's Surveyor shall restore ties as necessary at the expense of the Contractor. The Contractor shall submit to the CITY a copy of all survey notes and a Certificate Record of Survey. All 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. SP-28 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. 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. The 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 jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other 'applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. SP-29 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. 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 any 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 CABLE (AOELPHIA; 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 15. CITY OF SAN BERNARDINO INFORMATION SERVICES —COMMUNICATIONS 300 North"D" Street, 4th Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin 16. 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 17. CALTRANS 464 W. 4th Street San Bernardino, CA 92401-1400 Phone: (909) 383-4557 Attn: Dan Kopuisky 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 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 consists, in general, of removing and salvaging existing traffic signal standard with mast arm, luminaire, vehicle head, pedestrian head and push button, saw cutting and removing existing foundation, constructing traffic signal standard foundation, installing traffic signal standard, mast arm, luminaire, conductors, and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions shall be performed, placed, constructed or installed. 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 -- The first order of work shall be to place the order for the traffic signal equipment. Within one (1) week of the NOTICE TO PROCEED, the Contractor shall furnish the Engineer with a statement from the vendor that the order for said equipment has been received and accepted by the vendor. All other works shall be considered second order of work. 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. SP-36 8-1.04 PROJECT LOCATIONS -- See separate bound Plans. 8-1.05 APPROVED MATERIALS -- Whenever toe 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 materials, 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 him/her, 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 to or to become due the Contractor. SP-37 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 San Bernardino City Hall 300 North"D" Street, 3rd Floor San Bernardino, CA 92418 Attention: Robert Eisenbeisz, R.C.E., City Engineer Tel: (909) 384-5203; Fax: (909) 384-5155 E-mail: eisenbeisz_ro @sbcity.org Re: PLANS & SPECIAL PROVISIONS NO. 11628 TRAFFIC SIGNAL MODIFICATIONS AT WATERMAN AVENUE AND PARKDALE DRIVE (TC 05-07 ) SP-38 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. The Contractor shall refer to the copy of the CITY's California Department of Transportation (Caltrans) Encroachment Permit in the APPENDIX of these Special Provisions for additional Caltrans traffic control special provisions. 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. 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-39 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-40 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, shall be considered as included in the lump sum contract bid price paid for "TRAFFIC CONTROL", 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 lump sum contract bid price paid for "TRAFFIC CONTROL", and no additional compensation will be allowed therefor. SP-41 SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section 9- 3.4, "Mobilization", of the Standard Specifications. Mobilization may include, but not be limited to, the following principle items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Providing a Project Office. 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these Specifications 6. Moving onto the site, including, but not limited to: a. Equipment b. Arranging for and erection of Contractor's work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. 8. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet (as required). 9. Installing all temporary utilities (as required). 10. Establishing required fire protection provisions. 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 — The contract bid lump sum price paid for "MOBILIZATION" shall be deemed to include the cost of work in advance of construction operation and not directly attributable to any specific bid item, and no additional compensation will be allowed therefor. SP-42 SECTION 11 11-1 CLEARING AND GRUBBING UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL 11-1.01 GENERAL -- Clearing and grubbing, unclassified excavation and unclassified fill shall comply with Section 300-1, "Clearing and Grubbing", Section 300-2, "Unclassified Excavation", and Section 300-4, "Unclassified Fill", of the Standard Specifications and these Special Provisions. Clearing and grubbing shall include, but not be limited to the following items as shown on the Plans or as specified in the Special Provisions. 1. Remove and salvage existing traffic signal standard complete with mast arm, luminaire, vehicle head, pedestrian head, and pedestrian push button, as shown on the Plans and as directed by the Engineer. The salvaged material shall be delivered by the Contractor to the CALTRANS Yard, 175 Cluster Street, San Bernardino, CA 92408. The Contractor shall contact the State Representative 48 hours prior to depositing the salvaged material. The Contractor shall provide equipment, as necessary, to safely load and unload the salvaged materials. 2. Saw cut and remove existing concrete foundation, as shown on the Plans and as directed by the Engineer. 3. Protect in place all existing features. The Contractor shall be required to repair or replace, to a condition equal to or better, any and all damaged material, resulting during the course of construction, to the satisfaction of the Engineer at no expense to the City. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, "Public Safety", of the Standard Specifications. All removed concrete and other materials shall become the property of the Contractor and shall be disposed of outside of the right-of-way in accordance with Section 300-2.2, "Unsuitable Materials", and Section 300-2.6, "Surplus Material", of the Standard Specifications. Excess and/or unsuitable materials shall be removed from the site by the Contractor. SP-43 Where unclassified fill and grading is necessary in preparation for laying concrete, it shall be made with clean earth which shall be solidly compacted to avoid future settlement. Outside the traveled way, in areas to receive concrete, soil shall be compacted to a relative density of not less than 90%. Backfill for trenching under the traveled way shall be compacted to a relative compaction of a minimum of 90%. When asphalt pavement is to be placed directly on subgrade material, the top 6" of subgrade material shall be compacted to a relative compaction of 95%. 11-1.02 PAYMENT -- Full compensation for doing all the work involved in the clearing and grubbing, as shown on the Plans, per the Standard Specifications, these Special Provisions and as directed by the Engineer, 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. Cost of compaction testing ordered by the Engineer shall be paid for in the following manner: 1. Tests which do not meet the required relative compaction shall be paid for by the Contractor, as a deduction from his contract. 2. Tests which do meet the required relative compaction will be paid for by the City. SP-44 SECTION 12 THROUGH SECTION 23 BLANK SP-45 SECTION 24 24-1 TRAFFIC SIGNAL MODIFICATION 24-1.01 TRAFFIC SIGNALS -- Traffic signals and highway lighting shall conform to the provisions in Section 86, "SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS", of the Specifications entitled, "State of California, Department of Transportation (Caltrans), Standard Specifications", dated MAY, 2006, and the Caltrans Standard Plans, dated MAY, 2006, the Standard Specifications (Green Book), latest edition, and these Special Provisions. Traffic signal work is to be performed at the following location: WATERMAN AVENUE AND PARKDALE DRIVE 24-1.02(a) MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEM -- Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 a.m. and 3:00 p.m. The Contractor shall place "STOP AHEAD" and "STOP" signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdowns. All signal faces shall be covered when the system is shutdown overnight. Temporary "STOP AHEAD" and"STOP" signs shall be either covered or removed when the system is turned on. "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area Signs", of the Standard Specifications. Minimum size of"STOP" signs shall be 36 inches. One "STOP AHEAD" sign and one "STOP" sign shall be placed for each direction of traffic. For two lane approaches, two "STOP" signs shall be placed. Location of signs shall be as directed by the Engineer. Full compensation for furnishing, installing, maintaining and removing temporary "STOP AHEAD" and "STOP" signs and for covering signs and signal faces not in use shall be considered as included in the contract lump sum price paid for the signal items involved, and no additional compensation will be allowed therefor. SP-46 24-1.03 FOUNDATIONS -- Foundations shall conform to the provisions in Section 86-2.03, "Foundations", of the Standard Specifications, and these Special Provisions. Portland Cement Concrete for reinforced pile foundations shall contain not less than 590 pounds of cement per cubic yard. 24-1.04 STANDARDS, STEEL PEDESTALS AND POSTS -- Standards, steel pedestals, and posts shall conform to the provisions in Section 86-2.04, "Standards, Steel Pedestals, and Posts", of the Standard Specifications, and these Special Provisions. Where the Plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon may be substituted. 24-1.05 CONDUIT -- Conduit shall conform to the provisions in Section 86-2.05, "Conduit", of the Standard Specifications and these Special Provisions. All conduit on this project shall be rigid metal type. Insulated bonding bushings will be required on metal conduit. After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. Rigid metal conduit to be used as a drilling or jacking rod shall be fitted with suitable drill bits for size hole required. When a standard coupling cannot be used for coupling metal type conduit, a UL listed threaded union coupling, as specified in the third paragraph in Section 86-2.05C, "Installation", of the Standard Specifications, or a concrete-tight split coupling or concrete-tight set screw coupling shall be used. 24-1.06 PULL BOXES -- Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes". of the Standard Specifications and these Special Provisions. Plastic pull boxes will not be allowed. Mark all covers "CITY OF SAN BERNARDINO" and "TRAFFIC". SP-47 24-1.07 CONDUCTORS AND WIRING -- Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors", and Section 86-2.09, "Wiring", of the Standard Specifications and these Special Provisions. Nylon jacketed conductors shall not be used. Splices shall be insulated by "Method B" as provided on State Standard Plans ES-213. 24-1.08 SOLID-STATE TRAFFIC ACTUATED CONTROLLER -- Solid-state traffic actuated controller units, cabinets, and auxiliary equipment shall conform to the provisions in Section 86-3, "Controller", of the Standard Specifications and these Special Provisions. Existing Model 2070L Controller Assembly with Model 332 Cabinet At WATERMAN AVENUE AND PARKDALE DRIVE 24-1.09 BLANK 24-1.10 FUNCTIONAL TESTING -- Functional testing shall conform to the provisions in Section 86-2.14c, "Functional Testing", of the Standard Specifications and these Special Provisions. 24-1.11 TRAFFIC DETECTION -- Traffic detection shall be by inductive loop detector and shall conform to the provisions in Section 24A, "INDUCTIVE LOOP DETECTOR" of the these Special Provisions. 24-1.12 VEHICLE SIGNAL FACES -- Vehicle signal faces shall conform to the provisions in Section 86-4, "Traffic Signal Faces and Fittings", of the Standard Specifications and these Special Provisions. Mast arm and arrow signal heads shall have 12" glass lenses. Pole mounted signal heads shall have 12" glass lenses. All lamps for traffic signal units shall be LED and furnished by the Contractor. All LED lamps must be hardwired( Type 1). Signal section housing shall be metal type and backplates shall be metal louvered type. SP-48 24-1.13 LIGHT EMITTING DIODE (LED) SIGNAL MODULES -- LED signal modules shall conform to Section 209-5.511, "Circular Light Emitting Diode (LED) Signal Modules" of Standard Specifications (Green Book) and these Special Provisions. Each module shall consist of an assembly that utilizes LEDs as the light source in lieu of an incandescent lamp for use in traffic signal sections. The modules shall be rated for a minimum useful life of 48 months. All modules shall meet all parameters of this specification during this period. LED modules will have EPA Energy Star compliance ratings. When a current of 20 mA AC *or less) is applied to the unit, the voltage reading across the two leads shall be 15 VAC or less. The modules and associated on-board circuitry must meet Class A emission limits referred in Federal Communications Commission (FCC) Title 47, SubPart B, Section 15 regulations concerning the emission of electronic noise. The assembly and manufacturing process for the LED signal assembly shall be designed to assure all internal components are adequately supported to withstand mechanical shock and vibration from high winds and other sources. Material used for the lens and signal module construction shall conform to ASTM specifications for the materials. 24-1.13(a) PHOTOMETRIC REQUIREMENTS -- The minimum initial luminous intensity values for the modules shall be as stated in Table 2-1 and Table 2-3 at 25°C. The modules shall meet or exceed the illumination values as shown in Table 2-2 and Table 2-4, throughout the useful life based on normal use in a traffic signal operation over the operating temperature range. SP-49 Table 2-1 Minimum Initial Intensities for Circular Indications ( in cd) 8" I 12" Angle(v,h) Red Yellow Green Red Yellow Green 2.5,+/-2.5 157 314 314 399 798 798 2.5,+/-7.5 114 228 228 295 589 589 2.5,+/- 12.5 67 133 133 166 333 333 2.5,+/- 17.5 29 57 57 90 181 181 7.5,+/-2.5 119 238 238 266 532 532 7.5,+/-7.5 105 209 209 238 _ 475 475 7.5,+/- 12.5 76 152 152 171 342 342 7.5,+/- 17.5 48 _ 95 95 105 209 209 7.5,+/-22.5 21 43 43 45 90 90 7.5,+/-27.5 12 24 _ 24 19 38 38 12.5,+/-2.5 43 86 86 59 119 119 12.5,+/-7.5 38 76 76 57 114 114 12.5,+/- 12.5 33 67 67 52 105 105 12.5,+/- 17.5 24 48 48 40 81 81 12.5,+/-22.5 14 29 29 26 52 52 12.5,+/-27.5 10 19 19 19 38 38 17.5,+/-2.5 19 38 38 26 52 52 17.5,+/-7.5 17 33 33 26 52 52 17.5,+/- 12.5 12 24 24 26 52 52 _ 17.5,+/- 17.5 10 19 19 26 52 52 17.5,+/-22.5 7 14 14 24 48 48 17.5,+/-27.5 5 10 10 19 38 38 • Table 2-2 Maintained Minimum Intensities for Circular Indications ( in cd 1 8" 12" Angle(vim Red Yellow _ Green Red _ Yellow Green 2.5,+/-2.5 133 267 _ 267 339 679 679 2.5,+/-7.5 97 194 194 251 501 501 2.5,+/- 12.5 57 113 113 141 283 283 2.5,+/- 17.5 25 48 48 77 154 154 7.5,+/-2.5 101 202 202 226 452 452 7.5,+/-7.5 89 178 178 202 404 404 7.5,+/- 12.5 65 129 129 145 291 291 7.5,+/- 17.5 41 81 81 89 178 178 7.5,+/-22.5 18 37 37 38 77 77 7.5,+/-27.5 10 20 20 16 32 32 12.5,+/-2..5 37 73 73 50 101 101 12.5,+/-7.5 32 65 65 48 97 97 12.5,+/- 12.5 28 57 57 44 89 89 12.5,+/- 17.5 20 41 41 _ 34 69 69 12.5,+/-22.5 12 25 25 22 44 44 12.5,+/-27.5 9 16 16 16 32 32 17.5,+/-2.5 16 32 32 22 44 44 17.5,+/-7.5 14 28 28 22 44 44 17.5,+/- 12.5 10 20 20 22 44 44 17.5,+/- 17.5 9 16 16 22 44 44 17.5,+/-22.5 6 12 12 20 41 41 17.5,+/-27.5 4 9 9 16 32 32 SP-50 Table 2-3 Minimal Initial Intensities for Arrow Indications ( in cd/m2 ) Red Yellow Green Arrow Indication 5,500 11,000 11,000 Table 2-4 Minimum Maintained Intensities for Arrow Indications ( in cd/m2 ) Red Yellow Green Arrow Indication 5,500 11,000 11,000 The measured chromaticity coordinates of the modules shall conform to the chromaticity requirements of Table 2-5, throughout the useful life over the operating temperature range. Table 2-5 Chromaticity Standards ( CIE Chart ) Red Y: Not greater than 0.308, or less than 0.998 - x Yellow Y: Not less than 0.411, nor less than 0.995 —x, nor less than 0.452 Green Y: Not less than 0.506 - .519x, nor less than 0.150 + 1.068x nor more than 0.730 - x 24-1.13(b) MODULE IDENTIFICATION -- Each module shall have the manufacturer's name, trademark, model number, serial number, date of manufacture (month- year), and lot number as iden6tification permanently marked on the back of the module. The following operating characteristics shall be permanently marked on the back of the module: Rated voltage and rated power in Watts and Volt-Ampere If a specific mounting orientation is required, each module shall have prominent and permanent marking(s) for correct indexing and orientation within a signal housing. The markings shall consist of an up arrow, or the word"UP" or"TOP". SP-51 be 24-1.13(c) TRAFFIC SIGNAL MODULE - LED traffic signal indications shall shall not designed as retrofit replacements for existing optical units of signa l require special tools for installation. The following specification requirements apply to the Type 1 (hard wired) module only. All general specifications apply unless specifically superceded in this section. FACE Size: 12" circular(Red, Yellow, Green) 12" arrow (Red, Yellow, Green) The maximum weight of a Type 1 module shall be 1.8 kg (4 lbs.). Two secured, color coded, 600 V, 20 AWG minimum, jacketed wires, conforming to the National Electric Code, rated for service at +105°C, are to be op for provided for electrical connection for each Type 1 LED signal module modules shall be 1-m in length, with quick disconnect terminals attached and shall conform to Section 86-4.01C, "Electrical Components", of the Standard Specifications. If specified in the purchased order, the module will be equipped with an adapter that will screw into the medium base, lamp socket. The adapter shall be able to accept the quick disconnect terminals at the end of the conductors for the module. The electrical contacts of the adapter shall be made of brass. The LED signal module lens shall be UV stabilized and shall be capable of withstanding ultraviolet (direct sunlight) exposure for a minimum period of 60 months without exhibiting evidence of deterioration. If a polymeric lens is used, a surface coating or chemical surface treatment shall be used to provide front surface abrasion resistance. 24-1.13(d) LIGHT EMITTING DIODE (LED) 12" ARROW -- LED arrow signal modules shall conform to Section 209-5.511.6, "Arrow LED Signal Modules" of Standard Specifications (Green Book) and these Special Provisions. SP-52 24-1.13(e) QUALITY ASSURANCE - The modules shall be manufactured in accordance with a manufacturer quality assurance (QA) program. The QA program shall include two types of quality assurance: (1) design quality assurance and (2) production quality assurance. The production quality assurance shall include statistically meet this specification, and a tests t ensure minimum performance levels of the modules built to documented process of how problems are to be resolved. QA process and test results documentation shall be kept on file for a minimum period of seven years. LED signal module designs not satisfying design qualification testing and the production quality assurance testing performance requirements described below shall not be labeled, advertised, or sold as conforming to this specification. Design qualification testing shall be performed by the manufacturer or an independent testing lab hired by the manufacturer on new LED module designs, and when a major design change has been implemented on an existing design. A major design change is defined as a design change (electrical or physical) which changes any of the performance characteristics of the module, results in a different circuit configuration for the power supply or changes the layout of the individual LEDs in the module. A quality of two units for each design shall be submitted for design qualification testing. Test units shall be submitted to the CITY after the manufacturer's testing is complete. Manufacturer's testing data shall be submitted with test units for the CITY's verification of design qualification testing data. The sample modules shall be energized for a minimum of 24 hours, at 100 percent on- time duty cycle, at a temperature of+74°C (+165°F) before performing any design qualification testing. Any failure of the module, which renders the unit non-compliant with the specification after burn-in shall be cause for rejection. For design qualification testing, all specifications will be measured including, but not limited to: SP-53 Rated initial luminous intensity and chromaticity (color) shall be measured over the operating temperature range. All specified electrical parameters shall be measured and used for quality comparison of production quality assurance on production modules. (rated power, etc.) Modules shall be tested for comparability with the controller unit, conflict monitor, and load switch. Each signal module shall be connected tot he output of a standard load switch connected to an AC voltage supply between the values of 95 and 135 VAC with the input to the load switch in the "off' position. The AC voltage developed across each LED signal module so connected shall not exceed 10 Vrms as the input AC voltage is varied from 95 Vrms to 135 Vrms. Mechanical vibration testing shall be as per MIL-STD-883, Test Method 2007, using 3 four-minute cycles along each x, y, and z axis, at a force of 2.5 Gs, with a frequency sweep from 2 HZ to 120 HZ. The loosening of the lens, of any internal components, or other physical damage shall be cause for rejection. Temperature cycling shall be performed as per MIL-STD-883, Test Method 1010. The temperature range shall be per "Environmental Requirements". A mini um of 20 a cycles shall be performed with a 30-minute transfer time between temperatur e extremes dwell time at each temperature. Module(s) being tested shall be energized and functioning throughout the duration of the test. Failure of a module to function properly or any evidence of cracking of the module lens or housing after temperature cycling shall be cause for rejection. Moisture resistance testing shall be performed on all modules mounted in a standard type "A" pedestrian housing per NEMA Standard 250-1991 for Type 4 enclosures. Any evidence of internal moisture after testing shall be cause for rejection. 24-1.13(f) PRODUCTION QUALITY CONTROL TESTING -- Production quality control testing shall comply with Section 209-5.5.11.7, "Testing Requirements" of the Standard Specifications (Green Book) and these Special Provisions. Production quality assurance tests shall be performed on each new module prior to shipment. Failure to meet requirements of any of these tests shall be cause for rejection. Test results shall be retained by the manufacturer for seven years. Burn-in period shall consist of each signal module being energized at rated voltage for a 30-minute stabilization period before the measurement is made. Each module shall be tested for rated initial intensity after burn-in. SP-54 A single point measurement, with a correlation to the intensity requirements of Table 2-1 for circular modules, may be used. Each module not meeting minimum luminous intensity requirements per Table 2-1 or Table 2-3 shall be cause for rejection. The ambient temperature for this measurement shall be +25°C (+77°F). Each module shall be tested for required power factor after burn-in. Each module shall be measured for current flow in amperes after burn-in. The measured current values shall be compared against rated values resulting from design qualification measurements under"Design Qualification Testing". The current flow shall not exceed the rated value. Each module shall be visually inspected for any exterior physical damage or assembly anomalies. Careful attention shall be paid to the surface of the lens to ensure there are no scratches (abrasions), cracks, chips, discoloration, or other defects. Any such defect shall be cause for rejection. The CITY may perform random sample testing on all shipments. Random sample testing should be completed within 30 days after delivery to the specified location on the purchase order. Arrow modules shall be tested as per California Test 3001 and as described herein. All optical testing shall be performed with the module mounted in a standard traffic signal section or in a standard Type "A" Pedestrian Housing, but without a visor or hood attached to the section or housing. The number of units tested (sample size) shall be determined by the quantity of each model in the shipment. The sample size shall conform to ANSI/ASQC Z1.4. The Caltrans METS shall determine the sampling parameters to be used for the random sample testing. All parameters of the specification may be tested on the shipment sample. 24-1.13(g) WARRANTY -- In addition to meeting the performance requirements for the minimum period of 60 months, the manufacturer shall provide a written warranty against defects in materials and workmanship for the modules for a period of 60 months after acceptance of the modules. Replacement modules shall be provided promptly after receipt of modules that have failed at no cost to the CITY. All warranty documentation shall be given to the CITY prior to random sample testing. SP-55 24-1.14 PEDESTRIAN SIGNALS -- Pedestrian signals shall comply with Section 209-5.6, "Pedestrian Signal Sections" of the Standard Specifications (Green Book) and these Special Provisions. Pedestrian signals shall be Type "A". The Contractor shall provide four (4) spare Pedestrian Countdown Signal Heads, including signal heads and all hardware, to be delivered as directed by the Engineer. 24-1.15 LIGHT EMITTING DIODE PEDESTRIAN SIGNAL FACE "UPRAISED HAND" MODULE -- The pedestrian signal face "Upraised Hand" shall be installed in each Type "A" pedestrian signal. The light emitting diode (LED) module for the pedestrian signal shall conform to Section 209-5.6.6, "LED Pedestrian Signal Section "UPRAISED HAND" Module", of the Standard Specifications (Green Book) and these Special Provisions. 24-1.16 PEDESTRIAN PUSH BUTTON -- Pedestrian push button housings shall be the metal type. Pedestrian push buttons shall be Type "B". 24-1.17 ADA PEDESTRIAN PUSH BUTTON -- The push button unit shall be Synchronex Part No. lASY2021-40, ADA-2. The housing for the push button shall be either machined aluminum, or die-cast aluminum. All housing shall be coated with powered paint, matching colors of Federal Standard No. 595b, and shall be shock and rain proof. The housing shall be "Bull Nosed" in shape to reduce vandalism. The pedestrian push button switch shall be a precision type, single pole, single throw, expandable to three poles, single throw operation, having pressure type terminals, rated at 120vac, and capable of 1X10 operations. The switches shall be UL listed, CSA certified, and meet the requirements of NEMA ICS-1, ICS-2. The switch shall have the following characteristics: A. The switching unit shall have a stainless steel, aluminum, or structural plastic operator and shall be mounted within the housing with a stainless steel, non- corrosive, temper-proof, fastening device. It shall be of such a size to permit recessed mounting in most existing standard type pedestrian push buttons without any modifications to either unit. SP-56 B. The actuator shall be conical in shape with the cone extending 7/16" to `/z" above bezel of the switch housing, and 2" in diameter. C. The switch shall have an operating force of 9 to 13 ounces and a minimum release force of 4 ounces. Pretravel shall be 1/64 inch maximum. Overtravel shall be 7/32 inch minimum. Differential travel shall be .0004 to .002 inch. 24-1.18 LUMINAIRES -- Luminaires shall conform to the provisions in Section 86- 6.01, "High-Intensity Discharge —Luminaires", of the Standard Specifications and these Special Provisions. All luminaire to be mounted on horizontal mast arms, when tested in accordance with California Test 611, shall be capable of withstanding cyclic loading in: (1) a vertical plane at a minimum peak acceleration level of 3.0 g's peak-to-peak sinusoidal loading (same as 1.5 g's peak) with the internal ballast removed, for a minimum of 2 million cycles without failure of any luminaire parts. (2) a horizontal plane perpendicular to the direction of the mast arm at a minimum peak acceleration level of 1.5 g's peak-to-peak sinusoidal loading (same as 0.75-g peak) with the internal ballast installed, for a minimum of 2 million cycles without failure of any luminaire parts. 24-1.19 BLANK 24-1.20 BLANK 24-1.21 PAYMENT -- The contract bid lump sum price paid for "TRAFFIC SIGNAL MODIFICATION", shall be considered as full compensation for furnishing all materials, tools and equipment and for executing all the work involved in the installation of the traffic signal and street lighting system, complete in place, per the Plans, the Caltrans Standard Plans and Specifications, the Greenbook Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. Full compensation for the providing four (4) spare Pedestrian Countdown Signal Heads, including signal heads and all hardware as directed by the Engineer, shall be considered as included in the contract bid lump sum price paid for"TRAFFIC SIGNAL MODIFICATION", and no additional compensation will be allowed therefor. SP-57 SECTION 24A 24A-1 INDUCTIVE LOOP DETECTOR 24A-1.01 GENERAL - Inductive loop detectors shall conform to the provisions in Section 209, "Street Lighting and Traffic Signal Systems" and Section 209-5.8, "Detectors" of the Standard Specifications, 2008, the Caltrans Standard Specifications and Standard Plans, 2006, and these Special Provisions. The traffic signal work includes installation of new inductive loop detectors and detector lead-in-cables as shown on the Plan and/or as directed by the Engineer, and shall conform to Section 209-5.8.2, "Inductive Loop Detectors" of the Standard Specifications, and these Special Provisions. 24A-1.02 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEM - Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 a.m. and 3:00 p.m. The Contractor shall place "STOP AHEAD" and "STOP" signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdowns. All signal faces shall be covered when the system is shutdown overnight. Temporary "STOP AHEAD" and"STOP" signs shall be either covered or removed when the system is turned on. "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area Signs", of the Standard Specifications. Minimum size of"STOP" signs shall be 36 inches. One "STOP AHEAD" sign and one "STOP" sign shall be placed for each direction of traffic. For two lane approaches, two "STOP" signs shall be placed. Location of signs shall be as directed by the Engineer. Full compensation for furnishing, installing, maintaining and removing temporary "STOP AHEAD" and "STOP" signs and for covering signs and signal faces not in use shall be considered as included in the contract lump sum price paid for the signal items involved, and no additional compensation will be allowed therefor. SP-58 24A-1.03 PULL BOXES - Pull boxes shall be #3-1/2 (except as shown on the Plans) and installed flush with top of curb or concrete sidewalk. Plastic pull boxes will not be allowed. Mark all covers "CITY OF SAN BERNARDINO" and"TRAFFIC". 24A-1.04 CONDUCTORS - Conductors and wiring shall conform to the provisions in Section 209-5.8.2.3, "Conductors", and these Special Provisions. Loop wire shall be Type 2. Loop detector lead-in shall be Type C. Nylon-jacketed conductors shall not be used. Splices shall be insulated by Method"B" as provided on Caltrans Standard Plans ES-13A. 24A-1.05 INDUCTIVE LOOP DETECTOR - Inductive loop detectors shall conform to the provisions in Section 209-5.8.2, "Inductive Loop Detectors" of the Standard Specifications, and these Special Provisions. The Contractor shall install a 6 foot diameter circular loop, Type E, at the locations as shown on the Plans and as directed by the Engineer. The sides of the slot shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop shall be 1-5/8 inch. Slot width shall be a maximum of 5/8 inch. Loop wire for circular loops shall be Type 2. Slots of circular loops shall be filled with elastomeric sealant or hot-melt rubberized asphalt sealant. 24A-1.06 SEALANT - Elastomeric sealant or hot-melt rubberized asphalt sealant shall conform to the provisions in Section 209-5.8.2.4, "Sealants" of the Standard Specifications, and these Special Provisions. Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface. Slots shall be filled with elastomeric sealant or asphaltic emulsion sealant. SP-59 Slots in asphalt concrete pavement shall be filled with asphaltic concrete sealant as follows: After conductors are installed in the slots cut in the pavement, paint binder shall be applied to all surfaces of slots in accordance with the provisions in Section 302-5.4, "Tack Coat", of the Standard Specifications, and as directed by the Engineer. Temperature of sealant material during installation shall be above 70°F. Sealant placed in the slots shall be compacted by use of an 8-inch diameter by 1/8- inch thick steel hand roller or other tool approved by the Engineer. Compacted conductor coverage shall be one inch. Excess sealant remaining after rolling shall not be reused. On completion of rolling, traffic will be permitted to travel over the sealant. 24A-1.07 TESTING - The Contractor shall test inductive detector loops in accordance with Section 86-2.14B, "Field Testing", of the Caltrans Standard Specifications, and as directed by the Engineer. An operating test consisting of five (5) days of trouble-free operation shall be satisfactorily completed prior to acceptance by the Engineer. Functional testing shall conform to the provisions in Section 86-2.14C, "Functional Testing", of the Caltrans Standard Specifications and these Special Provisions. The Contractor shall test the detectors with a motor-drive cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor Vehicles, of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor-driven cycle through the response or detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour. The detector shall provide an indication in response to this test. SP-60 24A-1.08 REMOVING ELECTRICAL EQUIPMENT - Removal of any existing electrical equipment shall conform to the provisions in Section 86-7.01, "Removing Electrical Equipment", of the Caltrans Standard Specifications and these Special Provisions. Any existing electrical equipment removed shall not be reused, especially conductors, detectors and fuse boxes, and they shall become the property of the Contractor. 24A-1.09 PAYMENT - The contract bid unit price paid per each for "TRAFFIC INDUCTIVE LOOP DETECTOR", shall include full compensation for furnishing all materials, tools and equipment and for doing all the work involved in the installation of the inductive loop detector system, including all the appurtenant facilities, saw cutting, splicing, testing, complete in place, as shown on the Plans, per the Standard Specifications (Green Book), the Caltrans Standard Specifications and Plans, these Special Provisions and as directed by the Engineer, and no additional compensation shall be allowed therefor. SP-61 SECTION 25 THROUGH SECTION 49 BLANK SP-62 SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL - All existing improvements (except utilities and street pavements) including, but not limited to curbs, gutters, cross gutters, spandrels, driveways and sidewalks, walls, fences, sprinkler systems, lawns, shrubs, trees, and traffic signs, traffic striping and traffic detector loops which are damaged or removed during the course of construction of the project shall be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, unless otherwise specified or noted on the drawings. The removal and restoration of existing improvements shall be in accordance with the applicable provision of these Special Provisions, the Standard Specifications, Standard Drawing and the following requirements: 1. In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the Contractor's operations, a minimum of 10 feet of curb, gutter or curb and gutter shall be removed and replaced regardless of how short a length is damaged. The Contractor shall begin said 10-foot section, if possible, at an existing joint or scoring line. If said 10-foot section ends within 3 feet of an existing joint or scoring line, then the removal shall extend to said joint or scoring line. 2. If concrete cross gutter is damaged by the Contractor's operations, the cross gutter shall be removed in its entirety and replaced. 3. Concrete sidewalk shall be removed in its entirety between scoring lines or between scoring line and joint. Prior to removal, scoring lines shall be saw-cut. 4. If a concrete driveway is damaged and is a single monolithic structure, it shall be removed in its entirety and replaced. 5. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a saw cut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced. SP-63 6. If the roadside signs are damaged during the construction, they shall be restored or replaced to a condition equal or better than the existing per the prior approval of the City's Traffic Section. New installation shall not impede into required ADA access distance around obstacles. A minimum clearance of 48" shall be maintained. 7. If existing fence is in conflict with the new construction, fence shall be relocated by the Contractor. Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of work. 50-1.02 PAYMENT - Full compensation for conforming to the requirements of this section, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed therefor. SP-64 ENCROACHMENT PERMIT STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Permit No ENCROACHMENT PERMIT 08-08-N-SN-0072 TR-0120(REV 612000) Dist/Co/Rte/PM —�- 08-SSD-18 PM T7.117 In compliance with (Check one)' Date 09/25/2008 'E] Your application of January 25, 2008 Fee Paid Deposit S EXEMPT S EXEMPT ❑ Utility Notice No. of Performance Bond Amount(1) Payment Bond Amount(2) $ 0.00 $ 0.00 ❑ Agreement No. of Bond Company ❑ RNV Contract No. of Bond Number(1) Bond Number(2) TO: City of San Bernardino Development Services 300 N. "D"Street, 3rd Floor San Bernardino, CA 92418-0001 Attn: Robert G. Eisenbeisz 909-384-5282 ,pERMITTEE and subject to the following,PERMISSION IS HEREBY GRANTED to: ,Entering the State Right of way at SR-18 at Parkdale Drive to do signal modification, as per plans date stamped September 25, 2008 by Caltrans Encroachment Permit Office, and/or as directed by the Department Representative. Notwithstanding General Provisions #4, the contractor is required to apply for and obtain an encroachment permit prior to starting of work. A fee deposit of $3526.00 for inspection. A traffic Control Plan, and a copy of the bonds to the city must be submitted for approval at the time of application submittal. A Fire-job meeting with the assigned Department Representative, Surinder Sangha, 383-4020, is required prior to start of any work under this permit! Failure to do so may result in permit revocation with no I prejudice. THIS PERMIT IS NOT A PROPERTY RIGHT AND DOES NOT TRANSFER WITH THE PROPERTY TO A NEW OWNER. The following attachments are also included as part of this permit(Check applicable): In addition to fee,the permittee will ®"es ❑Na General Provisions be billed actual costs for: ❑Yes El No Utility Maintenance Provisions ID Yes ❑No Storm Water Special Provisions ❑Yes El No Review El Yes ❑No Special Provisions ❑Yes 121 No Inspection ❑Yes ®No A Cal-OSHA permit,if required:Permit No. IS Yes ❑No Field Work ❑Yes ®No As-Built Plans Submittal Route Slip for Locally Advertised Projects ❑Yes ®No Storm Water Pollution Prevention Plan/Water Pollution Control Plan (if any Caltrans effort expended) ❑Yes ®No The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before tember 25, 2009 This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all the other necessary permits and the environmental clearances have been obtained. JERMIT ENGINEER.Fawzi Zedan APPROVED :OF'IES TO: Electrical Maintenance:Steve Framer Electrical Inspector.surinder Sangha Michael A.Perovich,District Director Ierraittee 8Y T Qrc�1 W' /�cG/Q.yt Tile Electrical Ops:Charles Moore FAREHA ZINNU YEN,P.E.,District Permit Engineer M 91 1436(D8 Permit App.) PAGE 1: ATTACHED TO AND MADE PART OF PERMIT NO. 08-08-N-SN-0072 In addition to the attached General Provisions, the following checked special provisions are applicable: ® A PRE-JOB MEETING WITH THE ASSIGNED DEPARTMENTS REPRESENTATIVE, Surinder Sangha (909) 383-6921 I IS REQUIRED PRIOR TO START OF ANY WORK UNDER THIS PERMIT. FAILURE TO DO SO WILL RESULT IN PERMIT CANCELLATION AND RESUBMITTAL MAY BE REQUIRED. ® Notwithstanding General Provision #4, your contractor is required to apply for and obtain an encroachment permit prior to starting work. A fee/deposit of$ 3526.00 I for inspection, and $ for electrical equipment is required at the time of application. ❑ You are required to submit an approved Storm Water Pollution Prevention Plan (SWPPP)for projects with a cumulative disturbed soil area equal or greater than 1 acre, and an approved Water Pollution Control Program (WPCP)for projects with a disturbed soil area less than 1 acre, unless otherwise required by other agencies (RWQCBs, U.S.Army Corps of Engineers, Department of Fish and Game, etc.). ❑ Upon the expiration of this permit, the Permittee is required to apply for the countywide annual maintenance permit for this new facilities installed under the Permit No.: �. ❑The Permittee is required to apply for a separate permit to maintain and/or replace in kind of these facilities on each occurrence upon the expiration of this permit. ®The Permittee shall provide the stage construction traffic handling plans, work schedule and a list of all sub-contractors to the Department's Representative at the time of the pre-construction meeting or prior to start construction. ® All traffic control, signing and striping shall comply with 2006 California MUTCD. It is available at:http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/ca_mutcd.htm Contractor shall comply with Department 2006 Standard Specifications, Department 2006 Standard Plans, Revised Standard Plans and the project special provisions. The latest Revised Standard Plans are available at:http://www.dot.ca.gov/hq/esc/oe/project_plans/HTM/stdpins-US-customary-units-new06.htm ®All personnel shall wear hard hats and orange or lime vests, shirts or jackets as appropriate while on State property. ®The Permittee's work shall be subordinated to any operations which the Department may conduct and shall not delay, nor interfere with the Department's Forces or Department's Contractors. ®Attention is directed to Standard Specifications Section 7-1.11, Preservation of Property, and Business and Professions Code, Section 8771. The Permittee shall physically inspect the work site and locate survey monuments prior to work commencement. Monuments shall be referenced or reset in accordance with the Business and Professions Code. ® No lahe may be closed or obstructed at any time unless specifically allowed per the encroachment permit, Page 1 of 9 PAGE 2: ATTACHED TO AND MADE PART OF PERMIT NO. 08-08-N-SN-0072 shown in approved traffic control plans, and/or as directed by the Department's Representative. ® Except for installing, maintaining and removing traffic control devices, any work encroaching within 3 feet of the edge of a travel lane for areas with a posted speed limit below 45mph, or 6 feet of the edge of a travel lane, for areas with a speed limit posted at 45mph or higher, shall require closing of that travel lane. Any work encroaching within 6 feet of the edge of the shoulder, shall require closing of that shoulder. Permittee shall notify the Department's Representative, and obtain approval of, all traffic control, lane closures or detours, at least seven (7) WORKING DAYS prior to setting up of any traffic control. ® Traffic control is generally authorized between 9:00 AM and 3:00 PM only on Monday through Thursday and until 1:00 PM on Fridays, excluding holidays except specified in the Permit. Lane closure is not allowed on Saturdays, Sundays and designated holidays. The designated holidays are: January 1st, the third Monday in January, the second and third Mondays in February, March 31, the last Monday in May, July 4th, the first Monday in September, the second Monday in October, November 11th, Thanksgiving Day, the day after Thanksgiving Day, and December 25th. When a fixed holiday falls on Saturday, the preceding Friday shall be designated as holiday. ® Should any deviation from these procedures or conditions be observed, all work shall be suspended until satisfactory steps have been taken to ensure compliance. ® If time extension is necessary, a request for time extension and the accompanying attachments must be made a minimum of two (2)weeks prior to completion date stated on face of permit. If work has not been started before completion date, the permit will be voided. Failure to comply with rules and regulations stated on permit will jeopardize future permit privileges. ® "AS-BUILT" PLANS ARE REQUIRED UPON COMPLETION OF ALL WORK. PLEASE REFER TO THE GENERAL PROVISION TR-0045, ITEM 22 FOR THE "AS-BUILT" REQUIREMENTS. NO FINAL INSPECTION WILL BE PERFORMED UNTIL THE DEPARTMENT IS IN RECEIPT OF "AS-BUILT" PLANS. ® No vehicle or equipment shall be stored overnight within the right of way; it shall be removed immediately at the completion of the day's work. Refueling of vehicle or equipment within the right of way is strictly prohibited. ® Required traffic control devices shall be installed around fixed objects to warn the motoring public for safety. Personal vehicles of the contractor shall not be parked within freeway right of way. ® No materials or waste shall be stockpiled within State right of way. ® Except as specifically provided herein, all requirements of the Vehicle Code and other applicable laws must be complied with in all particulars. ® When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane. The permittee shall not reduce the width of the existing lane to less than 10 feet without written approval from the Department's Representative. ® Excavations made within the limits of the right of way shall be backfilled and resurfaced to original condition before leaving the work area unless otherwise authorized by the Department's Representative. • Permittee shall be responsible for arranging the services of a qualified traffic control contractor to provide Page 2of9 PAGE 3: ATTACHED TO AND MADE PART OF PERMIT NO. 08-08-N-SN-0072 any needed traffic control. ® The permittee shall arrange a meeting between his field representative, traffic control contractor, Department's Representative and/or CHP at least two (2) weeks prior to start of any work covered under this permit to arrange date and time of starting work and determine appropriate methods of handling traffic. At least 3 working days notice shall be given to the Caltrans representative and/or the CHP, prior to the meeting to allow time to arrange for attendance. ® A copy of this permit, complete with all attachments, shall be kept by permittee/contractor working under this permit and must be shown to the Department Permit Inspector, Department's Representatives, or Law Enforcement Officer, on demand. The permittee shall be responsible for notifying the appropriate utility companies or underground service alert prior to any excavation work. ❑ The permittee shall notify the California Highway Patrol Area Commander at least 72 hours prior to implementing traffic control. ® When the work area encroaches upon a sidewalk, walkway, or crosswalk area, special consideration must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices and signs must be utilized so that the passageway for pedestrians, especially blind and other physically handicapped, is safe and well defined and shown on the approved permit plan. ❑ Pedestrian walkways and canopies within State Right of Way shall comply with the requirements of the applicable local agency or of the latest edition of the Uniform Building Code whichever contains the higher standards. [For City or County projects with utility relocations:] ❑ If existing public or private utilities conflict with the construction PROJECT, PERMITTEE will make necessary arrangements with the owners of such utilities for their protection, relocation, or removal. PERMITTEE shall inspect the protection, relocation, or removal of such facilities. Total costs of such protection, relocation, or removal which STATE or PERMITTEE must legally pay, will be borne by PERMITTEE. If any protection, relocation, or removal of utilities is required, including determination of liability for cost, such work shall be performed in accordance with STATE policy and procedure. PERMITTEE shall require any utility company performing relocation work in the STATE's right-of-way to obtain a State Encroachment Permit before the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the as-built plans. [For other projects with utility relocations:] ❑ If existing public or private utilities conflict with the construction PROJECT, PERMITTEE will make necessary arrangements with the owners of such utilities for their protection, relocation, or removal. PERMITTEE shall inspect the protection, relocation, or removal of such facilities. Total costs of such protection, relocation, or removal shall be borne by PERMITTEE in compliance with the terms of the Highway Encroachment Permits, Case Law, Public Utility Regulations, and Property Rights. PERMITTEE shall require any utility company performing relocation work in the STATE's right-of-way to obtain a State Encroachment Permit before the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the as-built plans. Page 3 of 9 PAGE 4: ATTACHED TO AND MADE PART OF PERMIT NO. 08-08-N-SN-0072 ® Permittee shall furnish to the Department's Representative a completed Form CEM-3101 "Notice of Materials Used", and approval of the material used shall be obtained prior to its installation. ® The electrical inspector shall be notified 48 hours prior to performing any work on the SIGNAL SYSTEM, this includes cutting the asphalt for the trench in the area of the detector loops. Z Cat Tracking of Lane Lines, Stop Bars, and Crosswalks shall be done prior to determining the location of traffic signal loops. It is the responsibility of the contractor to coordinate the scheduling of the striping and electrical sub-contractors in order to accomplish this task. Department will not be responsible for any unauthorized field changes that result in the misplacement of traffic loops after the initial loop layout has been approved. ® Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 a.m. and 3:00 p.m. ® Conduit to be installed underground shall be Type 3, Schedule 80. After conductors have been installed, the ends of conduits terminating in pull boxes, service equipment enclosures, and controller cabinets shall be sealed with an approved type of sealing compound. ® Splices shall be insulated by "Method B" or, at the Contractor's option, splices of conductors shall be insulated with heat-shrink tubing of the appropriate size after thoroughly painting the spliced conductors with electrical insulating coating. The minimum insulation thickness, at any point, for Type USE, RHH or RHW wire shall be 1.0 mm for conductor sizes No. 14 to No. 10, inclusive, and 1.3 mm for No. 8 to No. 2, inclusive. The minimum insulation thickness, at any point, for Type THW and TW wires shall be 0.69 mm for conductor sizes No. 14 to No. 10, inclusive, 1.02 mm for No. 8, and 1.37 mm for No. 6 to No. 2, inclusive. ® Bonding jumpers in standards with handholes and traffic pull box lid covers shall be attached by a UL listed lug using 4.5-mm diameter or larger brass or bronze bolts and shall run to the conduit or bonding wire in the adjacent pull box. The grounding jumper shall be visible after the standard has been installed and the mortar pad and cap have been placed on the foundation. Standards without handholes shall have bonding accomplished by jumpers attached to UL listed ground clamps on each anchor bolt. For slip base standards or slip base inserts, bonding shall be accomplished by jumpers attached to UL listed ground clamps on each anchor bolt, or a UL listed lug attached to the bottom slip base plate with a 4.5-mm diameter or larger brass or bronze bolt. Equipment bonding and grounding conductors are required in conduits. Install #8 AWG bare grounding conductor in all galvanized rigid steel conduits which contain signal conductors. No. 10 AWG grounding conductor is required in conduits which contain only loop lead-in cable or signal interconnect cable or telephone cable. A No. 8 minimum, bare copper wire shall run continuously in circuits, except for series lighting circuits, where No. 6 bare copper wire shall run continuously. The bonding wire size shall be increased to match the circuit breaker size in conformance with the Code, or shall be as shown on the plans. Conduits to be installed for future conductors, may omit the copper wire. Bonding of metallic conduits in metal pull boxes shall be by means of bonding bushings and bonding jumpers connected to the bonding wire running in the conduit system. Page4of9 PAGE 5:ATTACHED TO AND MADE PART OF PERMIT NO. 08-08-N-SN-0072 ❑ Signal Interconnect Cable (SIC) shall be the 6-pair type. ® Traffic signal faces and fittings shall be of the metal type. ® Loop wire shall be Type 2. Loop detector lead-in cable shall be Type B. Slots shall be filled with hot-melt rubberized asphalt sealant. At the Contractor's option, where a Type A or a Type B loop is designated on the plans, a Type E loop may be substituted. For Type E detector loops, sides of the slot shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop shall be 40 mm. Slot width shall be a maximum of 20 mm. Loop wire for circular loops shall be Type 2. Slots of circular loops shall be filled with hot melt rubberized asphalt sealant. ❑ The Model 2070L and/or 170 controller assemblies, including controller unit, completely wired controller cabinet and inductive loop detector sensor units, but without anchor bolts, will be State-furnished (to be paid by permittee). ® Ballasts for luminaries shall be the lag regulator type. 0 Contactors shall be the mechanical armature type. Photoelectric units for illuminated signs shall have a "turn-on" level of between 215 lux and 323 lux (corresponds to a switching level of approximately 430 lux to 646 lux measured in the horizontal plane). "Turn-off' level shall not exceed 3 times the "turn-on" level. ❑ Permittee shall procure, furnish and install the Battery Backup System (BBS) and the externally mounted BBS cabinet from Vendors who are listed in the Acceptable Brands List (ABL)for this product. A complete list of approved vendors can be obtained from the Department website http://www.dot.ca.gov/hq/esc/ttsb/electrical/bbs.htm . The cabinet shall house all the BBS components. ❑ State will furnish (to be paid by permittee)the Battery Backup System (BBS) (electronics only). The contractor shall furnished the externally mounted BBS cabinet,and batteries. ® All signal indications shall be the LED type. • Permittee shall procure, furnish and install LED signal modules. ❑ State will furnish (to be paid by permittee) the LED signal modules. ® All salvaged electrical equipment shall remain the property of the State of California and shall be delivered to the Department yard at 175 Cluster Street, San Bernardino, California, 92408. EMERGENCY VEHICLE PREEMPTION SYSTEM ❑ City/County of I I will install the Emergency Vehicle Preemption System. All costs for the maintenance, repair and replacement of system are the responsibility of City/County. When necessary for repair or replacement, Department will test, remove and reinstall Preemption System upon notification by City/County. PROGRAMMED VISIBILITY VEHICLE TRAFFIC SIGNAL HEADS ❑ Lamps for programmed visibility vehicle traffic signal heads shall be furnished by the Contractor. A signal Page 5 of 9 PAGE 6: ATTACHED TO AND MADE PART OF PERMIT NO. 08-08-N-SN-0072 technician qualified to program the programmed visibility signal heads shall be present at the time the signal heads are placed in operation. Lamps for the signal units shall be 150-W, 120 V (ac), incandescent lamps with a minimum average rated life of 6000 hours. The lamp and socket shall be the 3-prong type. INTERNALLY ILLUMINATED STREET SIGNS: ❑ City/County of will install Internally Illuminated Street Name Signs. City/County agrees to purchase all materials for installation and ongoing maintenance of the illuminated street name signs, including signs, sign panels and all hardware. Department will notify City/County when materials are required for repair and maintenance of the signs. PREFORMED INDUCTIVE LOOPS ❑ Preformed inductive loops shall be the type shown on the plans. The loop shall be 1.8 m square unless otherwise shown. The loop shall consist of 4 turns of No. 16, or larger, wire with Type THWN or TFFN insulation. The loop wires shall be encased in Size 10, minimum, Schedule 40 or Schedule 80 PVC or polypropylene conduit. The conduit shall be sealed to prevent the entrance of water and the movement of wires within the conduit. The loop wires from the preformed loop to the adjacent pull box shall be twisted together into a pair (at least 7 turns per meter) and encased in Schedule 40 or Schedule 80 PVC or polypropylene conduit between the preformed loop and the adjacent pull box or detector handhole. The lead-in conduit shall be sealed to prevent the'entrance of water at the pull box or handhole end. In new roadways, the preformed loops and lead-in conduits shall be placed in the base course, with the top of the conduit flush with the top of the base, and then covered with asphalt concrete or Portland cement concrete pavement. Preformed loops and lead-in conduits shall be protected from damage prior to and during pavement placement. In new reinforced concrete structure decks, the preformed loops shall be secured to the top of the uppermost layer of reinforcing steel using nylon wire ties. The loop shall be held parallel to the structure deck by using PVC or polypropylene spacers where necessary. Conduit for lead-in conductors shall be placed between the uppermost 2 layers of reinforcing steel. Preformed inductive loops shall not be installed in existing structure decks. In existing pavement, preformed loop installation shall conform to the following: a. Preformed loops and lead-in conduits shall be placed in slots, 32 mm minimum width, cut into the existing pavement. The top of the conduit shall be 50 mm, minimum, below the top of pavement. b. Slots in asphalt concrete pavement shall be filled with elastomeric sealant or hot-melt rubberized asphalt sealant. c. Slots in Portland cement concrete pavement shall be filled with epoxy sealant or hot melt rubberized asphalt sealant. Page 6of9 PAGE 7: ATTACHED TO AND MADE PART OF PERMIT NO. 08-08-N-SN-0072 PERMIT NO.: 08-08-N-SN-0072 CO/RTE/PM: 08/SBD/18/T7.117 PRECONSTRUCTION MEETING AGREEMENT I, , acting as an authorized agent for the permittee, , do hereby agree to personally accomplish or have another designated person arrange for all involved company representatives to attend a pre-construction meeting with the authorized Department's Representative at , as specified on this permit. Such meeting must be held two (2) days or more prior to the planned start of the work on this project. The Authorized Department's Representative shall have complete authority to determine whether the permit conditions, either implied or written, have been complied with. The Department's Representative may then allow the permit work to proceed as appropriate. The Pre-construction Meeting Record below must be signed by both the Department's Representative and the permittee before the permit work may start. I have read and understand the attached General Provisions TR-0045 and other attached prosivions of this permit. This agreement or a copy thereof, must be mailed back to the Department's District 8 Encroachment Permit Office at 464 W. 4th. Street, MS 619, San Bernardino, CA 92401-1400, within three (3)working days prior to the pre-construction meeting. Failure to return this form could delay the release of your bonds. A copy of this document shall be at the job site at all times when work is in progress and failure to do so may result in the suspension of work, as directed by the Department's Representative. It is the permittee's responsibility to insure that the Department's Representative is notified of work completion and that the attached Completion Notice is mailed to the Department's Permit office. Signature Date Print or Type Name Position or Title Page 7 of 9 PAGE 8: ATTACHED TO AND MADE PART OF PERMIT NO. 08-08-N-SN-0072 PRECONSTRUCTION MEETING RECORD Department's Representative Date Permittee's Representative Date Date Work May Begin: Page 8 of 9 PAGE 9: ATTACHED TO AND MADE PART OF PERMIT NO. 08-08-N-SN-0072 PERMIT NO.: 08-08-N-SN-0072 CO/RTE/PM: 08/SBD/18/T7.117 DEPARTMENT OF TRANSPORTATION-DISTRICT 8 ENCROACHMENT PERMITS OFFICE 464 W. 4th. Street, MS 619 San Bernardino, CA 92401-1400 100% COMPLETION NOTICE Work on Permit No.: 08-08-N-SN-0072 has been completed. A final inspection meeting was held on Permittee's Representative Date Department's Representative Date FAILURE TO COMPLETE AND RETURN THIS TO THE DISTRICT PERMITS OFFICE MAY CAUSE A DELAY IN THE RELEASE OF YOUR BONDS. Page9of9 PROJECT LOCATION SURVEY DOCUMENTS t53- Pfr • • ‘6--,fby 577- . • ( . • . -.----........... . I I • . I • . . .. 1 ( ' /11 • i• 1 ___A • IL .. _. 4 7- 5(.4014, fra L r C.4445 ,,.• • 4 /3 57 1/5 _ __________ NIIPPrir"he 4//c./77 Y*1 (r Ati, so 1 rek.--A-J-&-r- I .1 _,:- dirA P. . 441 440• • . ( LL I1 \I /53 _ 2 / T $ROADMoof. ES VD ANI■01181.1.11111"...aidommaiilliMMILIIII".11.1111.11"."1 41-.Z 7-1...71‘i-d 4 • C . Of . le 1 • • . DR . 4-"Ts< ). . . -8 • E 4 . Q " . t. cl . . 0 G Z ,- 1e.3 c `4k I. a61� 3 y / (� 60't X0 2 6� fez dno1 36a. \ -.in- _.________ - \ •2 G 6 4 7y .-"k<• st I sc /yio c Aloe (..t . / SURVEY MONUMENT PRESERVATION GUIDELINES CALIFORNIA LAND SURVEYORS ASSOCIATION & CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORNIA Joint Professional Practice Committee - Riverside/San Bernardino and Desert Chapters (In Cooperation with the Riverside &San Bernardino County Surveyors Office) PREFACE: The preceding public survey documents are provided from a search of records on file in the City of San Bernardino, Office of the City Engineer. All work is to be performed by a person or under the supervision of a person authorized to practice Land Surveying (refer to Sub-section 6-1.10 "SURVEYING SERVICE" of these Special Provisions). All new and replaced survey ties shall be by transit method. The following regarding public works construction in the Public Right of Way is extracted from letter from the above agencies, dated April 13, 2007: NEW & RECONSTRUCTION PROJECTS, A. PRIOR TO CONSTRUCTION (1.) The survey crew shall diligently search for all survey monuments of record and on the surface of the road. It is suggested (that) the search(sh)ould include the use of a metal detector. When the detector indicates the possibility of a buried survey monument, then digging below the surface to uncover the monument within 2" of the road surface is recommended. (2.) The survey crew shall properly reference all found survey monuments, which may be disturbed or covered during construction, to stable surface points. (3.) The authorized surveyor shall properly complete a Corner Record or Record of Survey for the monuments noted in(I)tem (2.), above. Prior to the start of any construction work, the original or a print of the Corner Record or Record of Survey shall be submitted to the County Surveyor for review, signature and filing. B. AFTER CONSTRUCTION AND PRIOR TO RECORDING NOTICE OF COMPLETION 1. All covered and disturbed monuments shall be reset with the same or more durable type of monument as the original, in the surface of the construction. Key monuments shall be a minimum 1" inside diameter iron pipe of appropriate length. 2. A monument box or other protective structure is recommended to be placed around key monuments (section corners, quarter section corners). 3. The authorized surveyor shall properly complete a Corner Record of Record of Survey for all set monuments with a change in character, including tag number, and submit it to the County Surveyor for review, signature and filing. NOTE: Parentheses above indicate changes to original text. CONTRACT AGREEMENT AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this 1 2 day of a, 20 OR , between the City of San Bernardino(owner and hereinafter"CITY"),and (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 TRAFFIC SIGNAL MODIFICATION AT WATERMAN AVENUE AND PARKDALE DRIVE (TC 05-07 ) in strict conformity with Plans and Special Provisions No. 11628 , 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: TRAFFIC SIGNAL MODIFICATION AT WATERMAN AVENUE AND PARKDALE DRIVE (TC 05-07) 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 SAN]ER(NARDINO NAME OF FIRM: A K E-N6t A/ri i nth BY: MA EINBERG, Interim City Manager City of San Bernardino BY: ,� TITLE: Ow IA ATTEST: MAILING ADDRESS: IZ-S S• Wet enei.n five. # I7 _ / -Ce-AA-1C... CHEL G. CLARK 56,1 )3 .1d1 o � (4. Cj Z_LyD g City Clerk PHONE NO.: (e7 a co t T o--O`1 APPROVED AS TO FORM: ATTEST: JAM F. PENMAN, City Attorney Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation,Secretary should attest. Executed in Triplicate Premium is for contract term and is subject to adjustment FINANCIAL PACIFIC INSURANCE COMPANY based on final contract price P.O. Box 292220,Sacramento, CA 95829 Bond No. C908950 Premium: $2,310.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That AK Engineering as Principal, hereafter called the Principal, and Financial Pacific Insurance Company, as surety hereafter called the Surety, are held and firmly bound unto the City of San Bernardino as obligee hereafter called the Obligee, in the sum of Seventy-seven thousand ten and no/100 Dollars ($77,010.00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, Principal was by City of San Bernardino granted a contract for Traffic Signal Modification at Waterman Avenue and Parkdale Drive(TC 05-07) NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform the services authorized by said contract for the term of until construction completed and comply with and do all things required by the provisions of said contract, as such provisions now exist or may hereafter be amended, and shall indemnify and save harmless Obligee from all liability, loss or cost which he may suffer by reason of the failure to do so, then this obligation shall be void. The Surety may cancel this bond by giving thirty (30) days written notice to the Obligee, and thereafter the Surety shall be discharged from any liability hereunder for any default of the Principal occurring after such termination of liability. This bond shall be deemed annual and shall remain in full force and effect and shall run concurrently with the contract period for which the contract is granted and each and every succeeding contract period or periods for which said Principal may be contracted, after which liability hereunder shall cease except as to any liability or indebtedness theretofore incurred or accrued hereunder. The aggregate liability of the Surety hereunder shall not exceed the penal sum of this bond. In witness whereof, the Principal and Surety have hereto set their hands and seals this 8th day of December , 2008, said bond effective December 8. 1008 AK Engineering Financial Pacific Insurance Company Principal Surety By: F- ( 9 By: ✓ �,--r- (Seal) Pamela McCarthy,Attorney-in-Fact (pal) 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ss. County of San Bernardino • On 1A-S-D before me, Frances Lefler, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") • • personally appeared Pamela McCarthy Name(s)of Signer(s) • who proved to me on the basis of satisfactory evidence • to be the person whose name is subscribed to the within instrument and acknowledged to me that she • • executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. • 3A I certify under PENALTY OF PERJURY under the laws of - " the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • Signature of ota blic • OPTIONAL • • Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment 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(ies) Claimed by Signer(s) • Signer's Name: • O Individual • O Corporate Officer RT THUMBPRINT ▪ Title OF SIGNER • O Partner -- in Limited O General Top of thumb here O Attorney-in-Fact •• El Trustee O Guardian or Conservator • Other: • ▪ Signer is Representing: . Executed in Triplicate FINANCIAL PACIFIC INSURANCE COMPANY P.O. Box 292220, Sacramento, CA 95829 Bond No. C908950 Premium: Included in Performance Bond PAYMENT BOND BE ADVISED THAT: The City of San Bernardino herein referred to as the Obligee,by appropriate action,has awarded to AK Engineering J hereinafter referred to as Principal,the contract dated 1 2- 1 - 0 .2 for the work described as follows: Traffic Signal Modification at Waterman Avenue and Parkdale Drive(TC 05-07) The Principal is required to by Chapter 7 (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with the contract; THEREFORE, we, the PRINCIPAL and Financial Pacific Insurance Company as Surety, are held and firmly bound unto the Obligee in the penal sum of Seventy-seven thousand ten and no/100 Dollars($ 77,010.00 ) lawful money of the United States of America for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by this bond. The condition of this obligation is that if the PRINCIPAL, his or its subcontractors, heirs, executors, administrators, successors,or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or amounts due under the unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted,withheld and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18806 of the California Revenue and Taxation Code,with respect to their work and labor, the surety or sureties will pay for them,in an amount not exceeding the sum specified above,and also,in case suit is brought upon this bond,all litigation expenses incurred by the Obligee,including reasonable attorneys' fees,court costs,expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement described above or pertaining or relating to the furnishing of labor,materials,or equipment for it, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement described above, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under the contract or agreement or under the bond,nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond shall be construed most strongly against the Surety and in favor of all persons for whose benefit it is given, and under no circumstances shall Surety be released from liability to those for whose benefit the bond has been given,by reason of any breach of contract between the owner or DISTRICT and original contractor or on the part of any obligee named in the bond,but the sole conditions of recovery shall be that claimant is a person described in Section 3181 of the California Civil Code and has not been paid the full amount of his claim and that Surety waives notice of any change,extension of time,addition,alteration,or modification mentioned above. AS WITNESSES,we have affixed our signatures and seals this Rth day of December ,2008. (Principal Seal) Principal: AK Engineering / n By: f�Gt/44 t V l�' -,J Title: OW P.r- Address: 1254 S.Waterman#17,San Bernardino, CA 92408 (Surety Seal) Surety: Financial Pacific Insurance Company �7 -r By: ` //4-1:- ?fit c—' Title: Pamela McCarthy,Attorney-in-Fact f/ Address: 3850 Atherton Road Rocklin,CA 95765 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT • • • State of California > ss. ▪ County of San Bernardino • On %,3-i before me, Frances Lefler, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") • personally appeared Pamela McCarthy Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence •• to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, • and that by her signature on the instrument the • person, or the entity upon behalf of which the person • • acted, executed the instrument. • • I certify under PENALTY OF PERJURY under the laws of • the State of California that the foregoing paragraph is true and correct. az _ WITNESS my hand and official seal.• dzSign ture o otary i l c • • • OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment 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(ies) Claimed by Signer(s) Signer's Name: • O Individual O Corporate Officer RT THUMBPRINT • Title OF SIGNER • • O Partner -- (7 Limited O General Top of thumb here • • • Attorney-in-Fact O Trustee • O Guardian or Conservator • Other: • Signer is Representing: LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER C908950 POWER NUMBER 9 0 8 9 51 PRINCIPALAK Engineering PENAL SUM $77,010.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make,constitute.ra-Free'man, Susan C. Monteon,Frances Lefler,Pamela McCarthy its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Company as surety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds,undertakings,recognizances or other written obligations in the nature thereof as follows. Bid,Performance, Payment, Subdivision and Miscellaneous Bonds up to $1,500,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995,which are now in full force and effect: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company,to execute and deliver and affix the seal of the Company to bonds,unbdertakings,recognizances,and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required) by one or more attorneys-in-fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking, recognizance, or other suretyship obligations of the Company;any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 12th of September,2007. QP�'�pPPOgq*-.410 ` t* V% �r p..., —� I Q u'LY 22 O= U t .= Ed J.Paoletti,Vice President Jo R.Hollingshead,Secr-tary -z i 1986 ;'ac S. V..O \Q r'2 •.`>- .9(•/FOR.•• • •,,,/,1////inn nit t O‘\ STATE OF CALIFORNIA,COUNTY OF SACRAMENTO On this 12th of September,2007,personally came before me Edward J.Paoletti and John R.Hollingshead,to me known to be the individuals and officers of Financial Pacific Insurance Company,who executed the above instrument,and they have acknowledged the execution of the same, and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. LISA ROPER ...MD . ,1 COMM.#1755752 -2 /011.T Z ,,.y NOTARY PUBLIC-CALIFORNIA E �p'C► PLACER COUNTY isa Roper ,. .ry P ';etc My Comm.Expires July 6,2011 CERTIFICATE I,the undersigned Secretary of Financial Pacific Insurance Company,a California corporation,DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board of Directors se forth,and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. 8th December 08 �� Signed and sealed at Sacramento,this day of ,20 �` �` f�!��� John • ollingshead,Secretary Financial Pacific Insurance Company seal must be affixed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT aw_•:-�i �3�a > sa�a i:.,� : av : • a W' -i. sa : State of California County of I n�) On 00.2e-• // Pi-)g" before me, eeru,,-, 4 4%'4' -A h`4®7;ry f k '/0 o to Here Insert Name and Title of the Officer/ personally appeared ka ynai_ S. kAef L Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/sKe/thc executed the same in his/her/their authorized capacity(it%), and that by his/INr/tiileir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LUCENA A.PANZA :- t COMM.#1787720 I certify under PENALTY OF PERJURY under the laws s ; NOTARY PUBLIC•CALIFORNIA! of the State of California that the foregoing paragraph is „ SANBERNARDINQC26,20 true and correct. Caren. DEC 26,2011 WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Pub f OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: /i(f f2 (Pf-1 7~ �s Document Date: tD p.—// fir/-1 Number of Pages: Signer(s) Other Than Named Above: /VM-- Capacity(ies) Claimed by Signer(s) Signer's Name: 'Ye,b�iAL I,Ut4/i L Signer's Name: r Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT LI Partner—El Limited El General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER LI Attorney in Fact OF SIGNER 111 Trustee Top of thumb here ❑Trustee Top of thumb here LI Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -Sa,7 A--ra4 d,Y+ d On c01.0.- /V„ 7-rl--d s before me, L a e o a)c__ I( N, / c _ , 'Date r/ Here Insert Na and title of the Officer personally appeared 4-0 7774%1 3, Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(0 whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/s¢e/tIXy executed the same in his/leer/tJir authorized capacity(ies), and that by his/)r/tt}eir signatures) on the instrument the person(*), or the entity upon behalf of which the person(s) acted, executed the instrument. ;• wN, LUCENA A.PANZA I certify under PENALTY OF PERJURY under the laws COMM.#1787720 NOTARY PUBLIC• of the State of California that the foregoing paragraph is �£a?/ SAN BERNARDINO COUNTY CALIFORNIA!2 true and correct. Comm. DEC 26,2011 WITNESS my hand and official seal. Signature. Place Notary Seal Above Signature of otar is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: .P 00)/9•=1.- Document Date: X44, /i vim Number of Pages: Signer(s) Other Than Named Above: 2 era---- Capacity(ies) Claimed by Signer(s) Signer's Name: h4 (s4 A� 1 f' Signer's Name: Individual ❑ Individual ❑ Corporate Officer—Title(s): LI Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER El Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 A. CGRDT, CERTIFICATE OF LIABILITY INSURANCE DATER/05/ YYI 12/05/08 PRODUCER 909-941-6699 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Jay Freeman ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3270 Inland Empire Blvd., #100 COMPANIES AFFORDING COVERAGE Ontario, CA 91764 COMPANY A Travelers Property Casualty INSURED COMPANY Kamal Khalil dba B Peerless Insurance Company/GOL AK Engineering COMPANY 1254 S. Waterman #17 C Travelers Indemnity Co. of CT San Bernardino, CA 92408 COMPANY D I COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE IMM/DD/YY) A GENERAL LIABILITY DTECO2690M057 08 4/10/08 4/10/09 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL.GENERAL LIABILITY PRODUCTS-COMP/OP AGG S 2,000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY S 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X PD Ded: FIRE DAMAGE(Any one fire) S 300,000 $2,500 MED EXP Any one person) $ 10,000 B AUTOMOBILE LIABILITY BA8411740 4/09/08 4/09/09 COMBINED SINGLE LIMIT S 1,000,000 X ANY AUTO _ ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) S PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S C WORKERS COMPENSATION AND DTEUB2690M057 08 4/10/08 4/10/09 X I W STATUS OTH- ER EMPLOYERS'LIABILITY EL EACH ACCIDENT S 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT S 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE X EXCL EL DISEASE-EA EMPLOYEE S 1,000,000 OTHER *10 Days Notice for Non-Pay. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re:TC-05-07,Traffic Signal Modification at Watermans Ave. and Parkdale Avenue. Certificate holder is additional insured as per form attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Bernardino EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 300 North D Street 030 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, San Bernardino, CA 92418 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTOO. ED REPR •NT IVE A L9 A t ACORD:26-S 12/95) 40-76 eACORD O PORATION 1988 POLICY NUMBER: DTECO2690M057 08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S) : PER CERTIFICATE ATTACHED PROJECT/LOCATION OF COVERED OPERATIONS: PER CERTIFICATE ATTACHED 1 . WHO IS AN INSURED - (Section II) is amended to include any person or organization shown in the Schedule above. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured at the location show in the Schedule. 2 . The insurance provided to the additional insured is limited as follows : a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section III - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury", or "advertising injury" arising out of an architect' s, engineer' s or surveyor' s rendering of or failure to render any professional services including: I . The preparing, approving or failing to prepare or approve maps, shops drawings, opinions, reports, surveys, field orders, change orders, or drawings and specification; and II . Supervisory or inspection activities performed as part of any related architectural or engineering activities . CG D2 47 10 02 Page 1 of 2 Copyright, The Travelers Indemnity Company POLICY NUMBER: DTECO2690M057 08 COMMERCIAL GENERAL LIABILITY c. ) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products- completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such contract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1) (a) of the Pollution exclusion under Paragraph 2 . , Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "yoru work" is performed. 4 . Any coverage provided by this endorsement to an additional insured shall be excess over any other vlaid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for whichi coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this insruance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a. ) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice ofny "suit" . b. ) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c. ) Tender and defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d. ) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG D2 47 10 02 Page 2 of 2 Copyright, The Travelers Indemnity Company • POLICY NUMBER: DTECO2690M057 08 COMMERCIAL GENERAL LIABILITY Excerpt from Insured' s coverage form CG 00 01 10 01 . Section IV, 4a Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligationa re not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. (C) ISO Properties, Inc. , 2000 CG 00 01 10 01 S a.. 44 mai A w