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2012-224
COUNCIL MEETING 08/20/12 FILE NO. 1.7874 RESOLUTION 2012-224 ACCT NO. 126-160-5504-7874-0025 • ITEM #8E CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12827 FOR FENCING IMPROVEMENTS AT SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY (SS 08-001 ) 9 17 COOL 616 ,a } Exp 3/31/13 DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO APRIL 2012 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON JUNE 26 , 2012 6X0,8/r y/ 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, One (1) separately bound set DRAWING NO. 12827 - SHEETS 1 -3 FENCING IMPROVEMENT AT SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY(SS 08-001) CITY OF SAN BERNARDINO Contents for Bid and Contract Documents.doc TABLE OF CONTENTS PART I ADMINISTRATION, NOTICE INVITING SEALED BIDS A-1 BID DOCUMENTS BID FORM B-1 BID SCHEDULE B-2 BIDDER'S INFORMATION AND SIGNATURE & BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-i SPECIAL NOTICE C-2 DESIGNATION OF SUBCONTRACTORS C-3 WORKERS' COMPENSATION INSURANCE CERTIFICATION C-4 NON-COLLUSION AFFIDAVIT C-5 FORM OF BID BOND C-6 MBE/WBE INFORMATION - GOOD FAITH EFFORTS REFERENCES PART II SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 - SPECIFICATIONS AND PLANS SP-1 SECTION 2 - BID REQUIREMENTS AND CONDITIONS SP-5 SECTION 3 - AWARD AND EXECUTION OF CONTRACT SP-11 SECTION 4 - CONSTRUCTION DOCUMENTATION,COMMENCEMENT OF WORK TIME OF COMPLETION&LIQUIDATED DAMAGES SP-13 SECTION 5 - LEGAL REQUIREMENTS SP-15 SECTION 6 - GENERAL SP-22 SECTION 7 - UTILITIES SP-33 SECTION 8 - DESCRIPTION OF WORK SP-38 SECTION 9 - TRAFFIC CONTROL SP-42 SECTION 10 - MOBILIZATION SP-46 SECTION 11 - CLEARING&GRUBBING,UNCLASSIFIED EXCAVATION& UNCLASSIFIED FILL SP-48 SECTION 12 THROUGH SECTION 30 BLANK SP-50 SECTION 31 - CHAIN LINK FENCE SP-51 SECTION 32 THROUGH SECTION 49 BLANK SP-52 SECTION 50 - REMOVAL&RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT SP-53 APPENDIX STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION PUBLIC WORKS STANDARD DRAWINGS PERMITS,DEED AND EASEMENTS BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT PROJECT LOCATION SURVEY DOCUMENTS CONTRACT AGREEMENT PART I ADMINISTRATION Engineer's Estimate(Range Only): $40,000 to$55,000 NOTICE INVITING SEALED BIDS CITY OF SAN BERNARDINO Owner NOTICE IS HEREBY GIVEN that the City of San Bernardino (CITY) will receive bids for: FENCING IMPROVEMENTS AT SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY ( SS 08-001 ) in accordance with Special Provision No. 12827 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, CA 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$10.00 per set. Electronic copy of the above documents are available upon request by contacting the City Engineer's Office and by providing a firm name, physical address, contact person, phone number and fax number for inclusion on the CITY's List of Plan Holders. It shall be the responsibility of those receiving electronic versions of the Plans and Special Provisions to provide the above listed information and confirmation of receipt of any issued addendum to the City Engineer's Office a minimum of one (1) business day prior to the scheduled day of the Bid Opening. Only those listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for this project. 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, June 26, 2012, 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. A-1 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 extended and inserted in the spaces provided. The Contractor shall possess a Class "A" License or Appropriate Specialty License(s) at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 50 % of the contract price. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract,the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore, the CITY and the bidder agree that the above sum of ten percent shall be paid to the CITY upon the condition above set forth as liquidated damages and not as 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 , June 12, 2012, at 2:00 p.m., in the office of the City Engineer, Public Works Department, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California. 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 and other disadvantaged business 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. The CITY contract goal for this project is and 15.0% for minority owned business utilization and 5.0% for female owned business utilization. A-2 Certified minority and female owned 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/bept 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. This project is subject to requirements for the employment of apprentices registered with the California Department of Industrial Relations, Division of Apprenticeship Standards. Additional information can be obtained at http://www.dir.ca.gov/DAS/PublicWorksForms.htm. This project is subject to the requirements in of the "Special Provisions", Standard Provisions" and "General Provisions" stated in the San Bernardino County Flood Control District Permit No. P-22004058 and all its amendments. Copies of these documents are in the APPENDIX of the Special Provisions for this project. 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 60 calendar days from the date of the bid opening. The CITY reserves the right to take all bids under advisement for a period of 90 calendar days. A-3 Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City of San Bernardino City Engineer's Office Public Works Department 300 North"D" Street, Third Floor San Bernardino, CA 92418-0001 SUBJECT: FENCING IMPROVEMENTS SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY(SS 08-001) Attention: Mirela Grigorescu Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: grigorescu_mi @sbcity.org Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after the bid opening, will not be treated as a bid protest. Written responses will only be provided to written questions. No written response will be provided to verbal questions. CITY OF SAN BERNARDINO - 1111,. GI RGEA A NNA City Clerk NOTICE TO ADVERTISE: SPECIFICATION NO. 12827 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE 05/29/12 & 06/04/12 (FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION) SIGNATURE DATE A-4 BID DOCUMENTS BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location onof o be proposed work, that he has examined the Plan and read the accompanying instructions proposes to furnish any and all required labor, materials,transportation and service for the FENCING IMPROVEMENTS AT SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY (SS 08-001 ) in strict conformity with Plans and Special Provisions No. 12827 , of the Department of Public Works for the City of San Bernardino and also in accordance with Standard Specifications for Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids". The undersigned declares that he has carefully examined and is aware of all the requirements in the "Special Provisions", Standard Provisions" and "General Provisions" stated in the San Bernardino County Flood Control District Permit No. P-22004058 and all its amendments to be found in the APPENDIX of these Special Provisions. The 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. 12827 FENCING IMPROVEMENTS SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY(SS 08-001) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. OUANTITY UNIT AND UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 1. 1 LS MOBILIZATION, at the Lump Sum price of TLC t -r a�KSKAUD "NM P U NUYLVY..) 141Ot-r1 '¶‘t/e- Dollars & Cents LS $ 23-CI5, 00 2. 1 LS NPDES REQUIREMENTS for SWPPP, per S SECTION 6-1.03, at the Lump Sum price of 'tltflU S-!4 4p g WE. tA`a 140(1-03 Dollars & Cents LS $ �,5b�0 00 3. 1 LS TRAFFIC CONTROL,at the Lump Sum price of 'ioU t ' t.J +bU�2- 4ctPhY2 h Dollars & Cents LS $ -4) 4 b0, 00 4. 1 LS CLEARING and GRUBBING, UNCLASSIFIED EXCAVATION and UNCLASSIFIED FILL,at the Lump Sum price of 1-19 4JUJJKJ Dollars & Cents LS. $ 60-o. O C) 5. 2,575 LF CHAIN LINK FENCE, 6'H, per SBCFCD. Detail on Sheet 2 and Sheet 3 of PLAN,at T-1 fT (`{ Dollars & ft14-`-y Cents per LIN.FT. $ !-1-i 1fl/LF $ 2(1 ((SS. CC) 6. 1 EA DOUBLE DRIVE CHAIN LINK GATE, 20' W, per SBCFCD.Detail on Sheet 3 of PLAN,at 11-0 o TiO(.(S'AC 1- 4UtJDith►' Dollars & Cents per EACH $2 3e0/EA $ Z3 00. C?O B-2 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12827 FENCING IMPROVEMENTS SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY(SS 08-001 ) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT AND UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES 7. 1 LS RELOCATE Existing CHAIN LINK GATE, at C 'Tifo LISA OD Dollars & Cents per EACH LS $ /0 0 0 00 8. 1 LS SURVEYING SERVICE, per SECTION 6-1.10 at the Lump Sum price of >< TKCt ,A Y40 r)FrY Dollars & Cents LS $ (4;0,50- 00 TOTAL BID $ (e- O 00. 00 BID NOTES: The unit price must be written in words and also shown in figures. All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices shall govern over extended amounts, and "WORDS"shall govern over"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. Any situation not specifically provided for will be determined in the discretion of the City of San Bernardino (CITY), and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY respecting the amount of a bid,or the existence or treatment of an irregularity in a bid, shall be final. BIDDER declares that this Bid is based upon careful examination of the work site,Bid and Contract Documents. Estimated quantities are for the purpose of comparison only, and payments will be made on a basis of actual measurement of work completed except for Lump Sum (LS) and Final (F) pay quantities. Final pay quantities are bid items as described in Part II of these Special Provisions. Specialty Bid Item(S) are bid items that are considered part of the Total bid but are not considered part of the Contractor's obligation to perform at least fifty percent(50%)of the work as specified in Section 2-3.2, "Additional Responsibility,"of the Standard Specifications. B-3 BIDDER'S INFORMATION AND SIGNATURE: It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 working days from the date of the "Notice to Proceed", and shall be completed within 30 working days from the date of said notice, as directed in SECTION 4 of these Special Provisions.. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds,all within the specified time,the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, LICENSE EXPIRATI N FEDERAL TAX ID NO.: $OO 611 CLASSIFICATION(S): At QI,C't' DATE: �2/ /r3 # FIRM NAME: A�VV W' A! 1 4(14 • BUSINESS ADDRESS: 721 N. i t= /' 711 e Vim , cA 11'7(111 BUSINESS PHONE: ( 2 ) Tfr1 FAX: (00413/7-V12, CELL: 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: in R 34T1 60 Is Bidder currently a certified DBE? Yes 2' No ❑ Legal Status of Firm NAME(S) ADDRESS(ES) -.I %2 ■: 612tn pt rr) A(. t 1'1-(CA IA 0 G (St'(-RE 12 YJ SIGNATURE OF BIDDER: Dated: U V 25 ,20 2 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 ****************************************************************** s 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. The bidder shall provide the actual dollar "Sub-Contract Amount" as submitted by each listed sub-contractor, keeping in mind that the prime contractor for this project is required to provide or perform, with his own organization, contract work amounting to at least 50% of the total contract bid price. Material required for any of the contract work of this project that is purchased directly by the prime contractor is considered as included in the prime contractor's 50% requirement. If material purchased directly by the prime contractor is to be used by a listed sub-contractor in performing contract work, the dollar amount of such purchased material should not be included in the dollar amount listed for said sub-contractor. C-2 BIDDER'S FIRM NAME DESIGNATION OF SUB- CONTRACTORS, PLANS & SPECIAL PROVISIONS NO. 12827 In compliance with the provisions of Section 4100-4114 of the Public Contract Code of the State of California and any amendments thereof, each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name&Address Agency&No.of Contractor's License# and Under Which MBE/WBE CERT. Sub-Contractor's Sub-Contract Work to Be Performed Licensed&License# (If Applicable) Phone-No. Amount (Including Bid Item No.): 1. YS1X--4,IJ 0-4 • 3`-1 tS r-394.) ..5)-6ft-o291 $ ,S'U P Yi+JW S i cz 2. $ 3. 4. 5. 6. IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK C-3 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: AV u v NONVIIP(1 � wC BY: TITLE: GCp AeGnbon DATE: C-4 (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 Department of Public Works,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 A CA5hlu c ml/ . Firm Name --- lig"re44iature of B. d AWN l CA , C0 Printed Nam and Title 727 91141D-Y?` Are • LA r7+1 Business Address�y ,� m4rey /i(Pk, (?4 Place of Residence Subscribed and sworn to r affirmed)before me this � - day of wne . ,20°Z4.- - the above proved to m the basis of satisfactory evidence to be the person who appeared before me. L� ` '� Signed '% ' Notary Public in and for the Coun of 4.5 ,, riljc',4-s , State of California. CRISTINA M GAAEDI 0?3 / r ,, t.,,,,„ COMM. 01850473 3 My Commission expires on , `3 z Y P �`" �-�`' Notary Public•Califoinis .o Year z .1„i l Los Angeles County -- - \,�M Comm.Ex, . 23;2013 C-5 BOND NO. 1000780466-39 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, APW Construction Inc DBA Ace Fence Co as Principal,and U.S.Specialty Insurance Company as Surety, are hereby and firmly bound unto the City of San Bernardino , State 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 Fencing Improvements at San Bernardino County Flood Control District Right-of-Way Along the NW Side of Campus Pkwy (Copy here the exact title description of work including location, as it appears on the Bid and Contract Documents) for which bids are to be opened on June 26,2012 (Insert date of opening) NOW, THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto(properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, 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 15th day of June , 20 12 . IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned. APW Construction Inc DBA Ace Fence Co (SEAL) U.S. Specia • urance Compan (SEAL) incipal Surety irr By: f't By: Signature , Signature ung T. Mullick,Attorne -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-6 . ,��r,�. r,,.K�,�,,��rk�,� ,,.<..�.,�,,.x.��.�_.��,x�o,�,�..<.r,<�.�,r>,.�.�„�x�,>«,...��, . _ 8 State of California ) CALIFORNIA ALL—PURPOSE a • County of Los Angeles ) CERTIFICATE OF ACKNOWLEDGMENT I i �- 8 On 311ne o-?544 2v/° -- before me, Cristina Melgarejo, Notary Public 2 a (here insert name and title of the officer) I F personally appeared Peter K.Ng ip G E 3 - 1 R C 3 who proved to me on the basis of satisfactory evidence to be the person(t whose named is/ subscribed to • the within instrument and acknowledged to me that he/ /tkliy executed the same in histitiRrteMir E authorized capacityic), and that by hiss signature%) on the instrument the persons), or the entity x upon behalf of which the personOI)acted,executed the instrument. =gg ;b I▪ certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �!�� CRISTINA MELGAREI� COMM. *1850473 �� =P _�r," Notary nom. .Ca.hfoi 3 _i I ii WITNESS my hand an fficial seal. `=� �' los Mgeles CaifO ° i 't -" M.Comm.Ex'res 23,10a / Z., i___2,",2 Signature � �" i (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this f d acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. 5 I • Description of Attached Document Additional Information h r The preceding Certificate of Ackno> dgment is attached to a document j Method of Signer Identification titled/for the purpose of ro -MI 0/ e/ Proved to me on the basis of satisfactory evidence: LO forms)of identification O credible witness(es) z Notarial event is detailed in notary journal on: containing pages,and dated /5`%v2 Page# Entry# ? The signer(s)capacity or authority is/are as: Notary contact: ❑ Individual(s) Other i ❑ Attorney-in-Fact R • I� Corporate Officers) President ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) 1 Titles) j ❑ i O n M ❑ Guardian/Conservator # Partner-Limited/General € III � ! e El a Trustee(s) a ❑ Other: representing:APW Construction dba Ace Fence Co. R Name(s)of Persons)or Entity(ies)Signer is Representing F. N II U,«m,..o..;.,.lh�a,,.mn,._.,.:rr„o,,...,, a,,.n..,.•,.,,,,,m3.,..�:,>,,.,.oa,,,.c,m..,,.x,,.c...,>y,n.a,,,..„,,,,.r ma..o ,.,,,a., „,onvn,.,.,o.�w.�,::»,x;rno,m•oxr,ru,;.non,,,.mne„rrw,r..c„..ru.v.r�,v.,a,u,rt,3rv�ruc,.-.ru„�v,wo,,,:.u,,,.pan.,o,,.u.,,_.x,.,rc»n>_,.,,,ro,v.e, , ACKNOWLEDGMENT State of California County of Orange ) On June 15, 2012 before me, Christine T.Hoang,Notary Public (insert name and title of the officer) personally appeared Yung T.Mullick who proved to me on the basis of satisfactory evidence to be the person(z)whose name(z) is/ate; subscribed to the within instrument and acknowledged to me that he/ (executed the same in his sir authorized capacity( c), and that by hisff lx is signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. .�LO"�, CHRISTINE T.HOANA WITNESS m hand and official seal. Ni►"�°, COMM,8 182780 ��� m PI�UC.CAIaFRN1A r~??-!r ONOTARY RANGE COUNTY AMY Ewa DEC 23.2012 E Signature (Seal) - " 1NVER OF ATTORNEY — AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company,a California corporation,United States Surety air Maryland corporation anci U.S. Specialty Insurance__Comnp a _cas corporation (collectively, the - e °these presents make,constitute and appoint: _ - nn T. _ _ g k,or Jennifer Caro"1aaoTiriejo,California James W.Moiianen,Y its true and lawful Attorneys)-in-fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or othetinumts or contracts of surety o kali& riders,amendments, and consents of surety,providin thebond pentdoe =n Exceed —' e Million***** Dollars (S *! ) ( **5 ThiiPowcit Attorney shall expo i on March 18, 2015. This Power of Attorney is gruerfluUer y authority of the following resolutions ptefby t Ike Boards of Directors of the Companies: Be it Resolved that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Atrejr.irt_nuty=Ye given full power and authority for and in the name of and on behalf of Ow C t c knowledge and deliver,v�any-�and bonds, to , act agreements or indemnity and other conditional or obligatory - g i� a all consents for ndease of retained ffiarimates on engineering and construction contracts, � � �such instruments so�executed by any such Attome and any and alt�ti cog or terrmuating C�p�' lialniity Y y X in-Fact shall be binding ompany-as-signed by the President aca7ed-and et`ected by the Corporate Secretary. Be ii kesofted that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by r lmile,apd any ppwer of attorney or certificate batting facsimile signature or facsimile seal,shall be valid andibinding upon the Compan�with respect to any bdnd .etta tc3*Wilt is attached.: i' • ' :"hl `*}_• ' ..St e — : - . ....., —.—. -� '.,' ,, +1. II., K= � . ,.',� ,, t it �� ;. IN HEREOF,The CortkitaWcatmeekt&instrument to be signed and their corporate seals to btaterft4Ifii,M, 3"t o toter,211.1. ,i,. , • AMERICAN,CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U S NCE SPECIALTY INSURANCE COMPANY traU 1,tt . ti t ={= t, ��l Y' Si Ci` �`= i i1 _ '.t,h , 4 t, «. 3t c t, i...t rir ,t�i� to le is _s. o § y � _ rs� - s i c iFe� j7� Bf ( . e 1, , 3 tI rl' .� ,4:4:,--e„ . g, tlar ice 'res',ent - „ y Dan 5§tales iio nia' ' , -I. . County otY.os Angeles SS: i i r Oh tills rilttly ttf October,2011,be i eteraf€ a notary public,personally alipeared Daniel P.Aguilar _ s ent of medc ctors Indemnity C pmry-Ur t° ety Company and U.S; Spepia ty Insurance Company to mre on the btisis:of satisfactory evidence—v the person whose name is subscribed to the.within;instrument and acknow. ged to,me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which thdperson(s)acted,executed the instrument. . ' tt f SALTY OF PERJURY under the laws of the State of Caltfo tlyr f Mg paragraph is a and correct. -- lidnd official seal,. dirt _ Signature r 1 , t 44, l.0 "s4--- ` (Seal) :' am*hair.Clank I,Jea ,Astant Secretary of ArnericantraOms Indemnity Company,United States Surety Company and U.S!Specialty _ cmn YM do hereby s • _ cs regoing is a true and correct copy of a Power of AU :_ d said=Zosvh is still in fiit> dc rtlimore,the resolutions of tlBpttfds of Directors,set tFrj� erg - Attorney am-in trill force and effect: Ili Witnetdwhereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 15 day °I Juisir, 2012 r' '��"' �'^l 4 �� �1'7, SEAS. '° �' � � t ' Bond Nclte+ 1000780466-3 I t �b....1.e.;" . -r, t.��7 Jeannie,Led, sistant Secretary `: ,, Agency No. 7715 „ =, ‘0::+1.a{ .a CO , It = a k - - = 4- PART II SPECIAL PROVISIONS SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 1-1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, 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 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 Office of the City Engineer, Public Works Department, located on the 3rd floor of City Hall for the City of San Bernardino, 300 N. "D" Street, San Bernardino. SP-1 The mailing address for the City of San Bernardino's Public Works Department is: City of San Bernardino Public Works Department 300 North"D" Street, 3rd Floor San Bernardino, CA 92418-0001 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 Public Works Standards, Incorporated, a mutual benefit corporation comprised of five members representing the American Public Works Association, and four members from the Associated General Contractors of California, the Engineering Contractors Association, the Southern California Contractors Association, and BNi Publications, Incorporated. 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 of the State of California, Department of Transportation, latest edition in effect on the first day of the advertised"Notice Inviting Sealed Bids" for this project. 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 Special Provisions. 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. The plans and specifications of this project shall conform to the requirements of the City of San Bernardino Municipal Code and Public Works Construction Policies, the latest editions of the Standard Specifications for Public Works Construction (green book), the American Concrete Institute (ACI), the Uniform Building Code (UBC), Uniform Plumbing Code (UPC), the National Electrical Code, Caltrans Standard Specifications, and these Special Provisions. 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 by 5:00 p.m. of the 5th working day 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 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 be considered as not fully executing the contract. 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 liquidated damages and not 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 15 % MBE and 5 % WBE on this project. Certified minority and female owned 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.ccgov/hq/bep/. 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 (see Sub-Section 2-1.04 for exception) 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 (see Sub-Section 2-1.04 for exception) 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. (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. SP-6 (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (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 (see Sub-Section 2-1.04 for exception) 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. SP-7 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 Department, upon request, by 4:30 p.m. on the fourth working day following the day of the bid opening. In the case of short bid opening periods, proof of faxes and web site postings requesting MBE, WBE participation and faxed requests for assistance in recruitment of MBEs and WBEs shall suffice. 2-1.05 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS -- Each bid shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000.00, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the subcontractors, as required herein, is included in the Bid Documents, in Part I of these Special Provisions. 2-1.06 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, addenda, and all other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the CITY may rely that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve that Bidder from any obligation with respect to its Bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the 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-8 2-1.07 REQUIRED INSPECTION OF THE SITE -- A. Bidders are required to inspect the site of the proposed 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 proposed 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 proposed 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 proposed 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-9 2-1.08 DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION CONTRACT -- No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. Those ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise. 2-1.09 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. 2-1.10 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-10 • 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 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 Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the Mayor and Common Council. The Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and 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. 3-1.03 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. SP-11 3-1.04 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, will delay the issue of the Notice to Proceed, and such delay will subject the bidder to a negative determination of the bidder's responsibility should the bidder choose to participate in future public works bid offerings. SP-12 SECTION 4 4-1 CONSTRUCTION DOCUMENTATION, COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions of Section 6, "Prosecution, Progress and Acceptance of the Work", 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 the notification of award, inform the Construction/Survey Manager 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 shall not be issued until all required documents have been submitted and approved by the CITY. The Contractor shall immediately notify and obtain the approval of the Construction/Survey Manager, prior to the Pre-Construction Meeting, should special circumstances or conditions exist that might prohibit the Contractor from providing all required documentation and commencing work as scheduled within 10 working days of the Pre-Construction meeting. Required documentation shall include the Contractor's applicable NPDES plan (for required submittal time refer to Section 6-1.03 of these Special Provisions), the proposed Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required). 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. 4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 30 WORKING DAYS from the date of the "NOTICE TO PROCEED". SP-13 4-1.05 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. 4-1.06 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. 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. 4-1.07 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. 4-1.08 INSPECTION -- The Contractor is responsible to notify the Public Works Department Inspection 48 hours prior to the 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. SP-14 SECTION 5 5-1 LEGAL REQUIREMENTS 5-1.01 INSURANCE REQUIREMENTS -- The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor,his agents, representatives, employees or subcontractors. The Contractor shall indemnify and save harmless the City of San Bernardino, the County of San Bernardino, the State of California, 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 5-1.07, "Contractor's Liability", of these Special Provisions.. 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,judgments 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; 2. Products/Completed Operations,: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; SP-15 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. The Contractor shall refer to the San Bernardino County Flood Control Permit in the APPENDIX. of these Special Provisions regarding separate insurance documents to be submitted by the Contractor to the San Bernardino County Flood Control District. 5-1.03 WORKERS' COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Workers' Compensation Insurance", of Standard Specifications, 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 this project not less than the prevailing wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The Engineer shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90- 358. Prevailing wages, available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/dirdatabases.html, shall comply with current rates and all updates in effect ten (10) days prior to the actual Bid Opening. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The Contractor shall comply with the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.05 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with public work. SP-16 (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the Engineer on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all his subcontractors, in addition to his own employees. Failure to submit the records enumerated in subdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. 5-1.06 EMPLOYMENT OF APPRENTICES -- This project is subject to the State of California Division of Apprenticeship Standards (DAS) requirements for the employment of apprentices. The Contractor's attention is directed to the provisions in the following section of the California Labor Code concerning employment of apprentices on public works projects: 1773.3 An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall, within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee regarding all such awards applicable to the joint apprenticeship committee making the request. Additional information regarding the Contractor's options for the employment of apprentices registered with the California Department of Industrial Relations, DAS can be obtained at http://www.dir.ca.gov/DAS/PublicWorksForms.htm. 5-1.07 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. SP-17 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. 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. 5-1.08 DIFFERING SITE CONDITIONS -- During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. SP-18 No conflict adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work. Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section 3-4, "Changed Conditions", of the Standard Specifications. 5-1.09 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. 5-1.10 CITY BUSINESS REGISTRATION CERTIFICATE -- The Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultant/vendor to practice its profession, skill or business. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. 5-1.11 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT -- The Contractor shall be aware that all the requirements in this section are in addition to the "General Provisions" stated in the San Bernardino County Flood Control District Permit No. P-22004058 and all its amendments. The Contractor shall refer to copies of these documents in the APPENDIX of these Special Provisions. SP-19 ACORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE(MM/YY/DD) 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. THIS CERTIFICATE DOES NOT AMEND,EXTEND, OR ALTER 1226 EAST LA PALMA AVENUE THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM, CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145)524-4940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA-VALLEY FORGE COMPANY YOUR COMPANY NAME C CHUBB GROUP-FEDERAL INSURANCE AND ADDRESS COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM,OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS LTR NUMBER DATE(MM/YY/DD) DATE(MM/YY/DD) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GEN LIABILITY FIRE DAMAGE(ANY ONE FIRE) A _ $ 500,000 CLAIMS MADE OCCUR MED EXP(ANY ONE PERSON) $ 5,000 X OWNER'S&CONTRACTOR'S PROT 102267576 02/01/98 02/01/99 PERSONAL&ADV INJURY $1,000,000 GENERAL AGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT $1,000,000 X AUTO BODILYINJURY (Per Person) $ B ALL OWNED AUTOS BODILY INJURY (Per cident) $ BAP 5197135 02/01/98 02/01/99 SCHEDULED AUTOS - RTY DAMAGE ccident $ HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY TO ONLY-EACH ACCIDENT $ other than auto only: ANY AUTO EACH ACCIDENT other than auto only: _ AGGREGATE WORKERS COMPENSATION AND J - WORKERS COMP EMPLOYER'S LIABILITY I X STATUTORY LIMITS C E.L.EACH ACCIDENT $1,000,000 ' I • ' '2/01/98 02/01/99 THE PROPRIRETOR/ INCL E.L.DISEASE—EA EMPLOYEE $1.000,000 PARTNERS/EXECUTIV E OFFICERS ARE: EXCL E.L.DISEASE—POLICY LIMIT $1.000,000 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE CITY OF SAN BERNARDINO THE ISSUEING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE DEPARTMENT OF PUBLIC WORKS LEFT. 300 N. "D" STREET, 3RD FLOOR AUTHORIZED REPRESENTATIVE SAN BERNARDINO,CA 92418-0001 JOHN E.SMITH (Signature) ACCORD 25-S(1/95) ®ACCORD CORPORATION SP-20 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 DEPARTMENT OF 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 CG20101185 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-21 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, "Contract Unit Prices", 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, "General", of the Standard Specifications 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-22 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS -- The Contractor shall strictly adhere to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) throughout the entire project. The Contractor, without limitation, shall be responsible for providing and implementing 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, for preventing any contaminants, including soil, from entering any drainage system. The Contractor shall be responsible for having sufficient materials on hand and being prepared to provide erosion and sediment controls capable of preventing erosion from being washed into the storm drain system. The Contractor shall be responsible for maintaining equipment so that oil, grease, gasoline, diesel fuel, et al., do 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 SWPPP. BEST MANAGEMENT PRACTICES (BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-23 The Contractor shall have a minimum of two (2) readily accessible copies of each publication on the project 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-24 RUNOFF DIVERSION Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes, Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion DitchesBerms Slope Drains and Subsurface Drains VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding SEDIMENT TRAPPING Silt Fences Straw Bale Barrier Sand Bag Barrier Brush or Rock Filter Storm Drain Inlet Protection Sediment Traps Sediment Basin Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and implemented throughout the construction phase and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. 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. SP-25 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.htm. 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 gravel bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Engineer shall notify the Contractor of the acceptance or rejection of the revised SWPPP within seven(7)working days from the date of submittal. The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten (10) working days prior to the commencement of construction operations in accordance with this Section 6-1.03 of these Special Provisions. 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 BMP(s) or SWPPP 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 BMP(s) or SWPPP. SP-26 THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. The Contractor shall provide to the CITY, prior to beginning construction, the name and telephone number(s) of the Contractor and/or the Contractor's NPDES representative, which can be reached and will respond to calls 24 hours/day for emergencies during construction activity. 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 Department, located at San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, California. 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 the Community Development, Building and Safety Division, the Public Works Department, Street Division, any involved water agency, 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. The Contractor shall be aware that all the requirements in this section are in addition to the "General Provisions" stated in the San Bernardino County Flood Control District Permit No. P-22004058 and all its amendments. The Contractor shall refer to copies of these documents in the APPENDIX of these Special Provisions. SP-27 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 Thursday, 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 will coordinate inspections with the Public Works Inspector 48 hours prior to any work being done during evenings,Fridays or Saturdays. The Contractor shall coordinate with the Engineer regarding working hours prior to start of construction. Except for Fridays, 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. SP-28 Designated legal Holidays are: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day and the Friday following, December 25th and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payment", 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 and graffiti removal. The Contractor shall inspect the project site each working day and be prepared to remove debris and graffiti from all surfaces, including security fencing, on the day of occurrence. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. The Contractor is encouraged to recycle all materials. The Contractor shall provide the CITY all documents as to the weight of materials removed during excavations in accordance with the requirements of AB939. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. SP-29 6-1.10 SURVEYING SERVICE -- The Contractor shall refer to the PROJECT LOCATION SURVEY DOCUMENTS section in the APPENDIX of these Special Provisions for California Land Surveyors Association (CLSA) and Consulting Engineers and Land Surveyors of California(CELSOC) survey monument preservation guidelines. The Contractor shall perform and be responsible for the accuracy of surveying adequate for construction. A California registered Civil Engineer licensed to perform surveying or a California registered Land Surveyor shall perform any surveying or staking, as directed by the Engineer, at the expense of the Contractor. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at the expense of the Contractor. In case of missing or incorrect ties, the Contractor's Surveyor shall restore ties as necessary at the expense of the Contractor. The Contractor shall submit to the CITY a copy of all survey notes and a Certificate Record of Survey. 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-30 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 COMPLETION, ACCEPTANCE & WARRANTY -- The Contractor's warranty for the material, equipment and work of this project shall comply with Section 6-8, "Completion,Acceptance and Warranty" of the Standard Specifications 6-1.16 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-31 6-1.17 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. 6-1-18 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. 6-1.19 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-32 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. The Contractor shall notify the Engineer immediately of any conflict. The Contractor shall 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 Engineering Section 300 North"D" Street, 5th Floor San Bernardino, CA 92418 Phone: (909) 384-5092 Attn: Mike Nevarez SP-33 4. VERIZON 1980 Orange Tree Lane, Suite 100 Redlands, CA 92374-2803 Phone: (909) 748-6655 Attn: Control Desk 5. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA;COMCAST) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 795-3349 Attn: Stewart King 6. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA; TC I) 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, CA 94596-2714 Phone: (916) 799-4642 Attn: Rosemary Hamill, Cell Phone A.T. & T. - Cable Hazards Center Phone: (800) 252-1133 or A.T. & T. - Plant Protection Services Phone: (909) 381-7385 Attn: John Bradley 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-34 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. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT Attn: Granville M. Bowman, Flood Control Engineer 670 E. Gilbert Street San Bernardino, CA 92415 Phone: (909) 387-8014 Attn: SBCFCD Inspector, Permit No. P-22004058 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-35 16. CITY OF SAN BERNARDINO INFORMATION TECHNOLOGY NETWORK GROUP 300 North"D" Street, 4th Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin 17. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT STREET DIVISION 234 S, Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: John Van Havermaat 18. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TRAFFIC SIGNALS & STREET LIGHTING 234 S. Mt. View, #110 San Bernardino, CA Phone: (909) 384-5129 Attn: Clemente Eliza1de 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the location of all underground utilities and services, including potholing, before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor. 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. 7-1.04 UTILITIES NOTIFICATION -- The Contractor shall notify all owners of public utilities seventy two (72) hours in advance of excavating around any of their facilities and substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/422-4133. SP-36 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-37 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done consists, in general, of clearing and grubbing, relocating existing chain link gate, installing chain link fence and double drive gate, 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. The Contractor shall be aware that all the requirements in this section are in addition to the "Special Provisions", Standard Provisions" and "General Provisions" stated in the San Bernardino County Flood Control District Permit No. P-22004058 and all its amendments. The Contractor shall refer to copies of these documents in the APPENDIX of these Special Provisions. 8-1.02 ORDER OF WORK -- Not Applicable 8-1.03 WORK SITE MAINTENANCE -- The Contractor shall comply with the provisions in Section 7-8, "Work Site Maintenance", of the Standard Specifications. To Subsection 7.8.1, "Cleanup and Dust Control," of the Standard Specifications, add the following: Dust control shall hereby be defined as the elimination and/or control of dirt, dust, mud and debris from propagating or spreading onto properties, private or public, adjacent to the Project and Contractor's work areas. No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, or by public traffic, either inside or outside the right-of-way. SP-38 Dust Control shall be strictly enforced. The Contractor shall at all times keep a water truck or other equipment at the job site in working order capable of performing dust control for the duration of the Contract period. Subject to paragraph two of Subsection 7.8.1, "Cleanup and Dust Control," of the Standard Specifications, the Contractor shall be required to furnish and operate a self-loading motor sweeper with spray nozzles when and where required for proper dust control, and as directed by the Engineer. Performing the minimum dust control required by these Special Provision shall in no way relieve the Contractor from his legal responsibility for providing adequate dust control measures. Full compensation for conforming to the requirements of dust control, including all labor, equipment, tools, materials, and incidentals, furnishing and operating sweeper and those instances in addition to the minimum requirements as directed by the Engineer, shall be considered as included in the various contract bid items of work involved and no additional compensation will be allowed therefor. 8-1.03a DEVELOPING WATER SUPPLY & WATERING -- The Contractor shall develop a water supply and furnish and place all water required for the work of this project per the Plans and Special Provisions and as directed by the Engineer, including water used for Extra Work. Full compensation for developing a water supply and for furnishing and placing all water required for the work performed by the Contractor, including Extra Work and as directed by the Engineer, shall be considered as included in the various contract bid items of work involved and no additional compensation will be allowed therefor. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the CITY making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. 8-1.04 PROJECT LOCATIONS -- See separate bound Plans. 8-1.05 GEOTECHNICAL INVESTIGATION -- None. SP-39 8-1.06 APPROVED MATERIALS -- Whenever the expression "or approved equal" is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. All substitution requests shall be submitted to the City Engineer in writing five (5) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the Engineer for review and approval six (6) copies of all shop drawings. The Contractor shall make any corrections to shop drawings required by the Engineer. 8-1.07 CITY-FURNISHED MATERIALS -- CITY furnished material, when applicable as specified in other sections of these Special Provisions, shall comply with the following: A. Materials, if furnished by the CITY, will be made available as specified in these Specifications. The Contractor is responsible for loading, unloading, hauling and handling, and placing CITY-furnished materials. B. The Contractor shall inspect and assure itself of the amount and soundness of such materials. C. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. CITY-furnished materials that are lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the CITY for the cost of replacing CITY-furnished material and such costs may be deducted from any monies due or to become due the Contractor. SP-40 8-1.08 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 if received by 5:00 p.m. of the 5th working day prior to the day of the proposed 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 Re: PLANS & SPECIAL PROVISIONS NO. 12827 FENCING AND HARDSCAPE IMPROVEMENTS SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY (SS 08-001) Attention: Mirela Grigorescu Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: grigorescu_mi @sbcity.org SP-41 SECTION 9 9-1 TRAFFIC CONTROL 9-1.01 GENERAL -- The Contractor shall comply with Section 7-10, "Public Convenience and Safety", of the Standard Specifications for Public Works Construction, latest edition, and these Special Provisions. Warning signs, lights, cones, barricades and devices for use in performance of work upon highways shall conform to the most recent "California Manual on Uniform Traffic Control Devices". 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 plans shall be based on the most recent"California Manual on Uniform Traffic Control Devices". 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, and 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 shall be properly lighted to the satisfaction of the Engineer. The Contractor shall take all necessary measures to maintain 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"California Manual on Uniform Traffic Control Devices". The Contractor shall make the necessary arrangements to provide and maintain barriers, cones, barricades, construction warnings, regulatory signs and any other safety control devices, including flagmen. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion, providing and maintaining all necessary barriers, barricade lights and striping, including crosswalks. In addition to the foregoing traffic control and safety measures, the Contractor shall 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. SP-42 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. The Contractor shall notify all local authorities of his intent to begin work, in writing, at least seven(7) days before work is begun. 9-1.02 TURN RESTRICTIONS -- The Contractor shall post appropriate signs restricting turns when directed to do so by the Engineer. 9-1.03 PARKING RESTRICTIONS -- Unless otherwise provided herein, the Contractor may post temporary "NO PARKING" signs within the area of work as required to facilitate construction operations, subject to approval of the Engineer. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. 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 cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. The Contractor shall obtain prior approval from the Engineer for removal of vehicles. 9-1.04 TRAFFIC LANES -- Traffic lanes shall have a minimum width of 10 feet. A minimum shoulder width of 2 feet shall be provided adjacent to curbs, posts and other similar obstructions, and 5 feet shall be provided adjacent to any excavation, unless otherwise authorized by the Engineer. SP-43 9-1.05 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. Convenient access to abutting properties shall be maintained and remain open, unless approved by the Engineer. 9-1.06 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. 9-1.07 LANE CLOSURE -- The Contractor shall not close more than one (1) lane at a time. The Contractor shall submit traffic control plans and obtain written approval from the Traffic Engineer prior to lane closure. 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. 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 (unless otherwise approved by the Engineer) and the day preceding designated legal holidays; and when construction operations are not actively in progress on working days. The Contractor shall furnish, install, and upon completion of the work, remove all signs and warning devices required for directing, protecting, and detour of the public during construction. Emergency vehicles shall be permitted access at all times to any street. Unless otherwise authorized by the Engineer, pedestrian access shall be permitted to pass through the work area, or an approved detour shall be provided. Safe and adequate pedestrian access to all business establishments shall be continuous and unobstructed unless otherwise approved by the Engineer. • SP-44 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 prices 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 not be adopted until approved in writing by the Engineer. Such approved modifications or alterations shall be adopted immediately and shall be considered paid in full as a part of the lump sum contract bid price for "TRAFFIC CONTROL", and no additional compensation will be allowed therefor. SP-45 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 principal 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. The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall be included in the Bid Item provided for mobilization and demobilization and incidental project costs as a lump sum item, for which 75 percent (75%) will be eligible for inclusion in the first progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100 percent (100%) of the work has been completed and if progress of the work is satisfactory. SP-46 No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met. 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-47 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. The following items shall be classified as clearing and grubbing: 1. Remove existing vegetation in area of project work as shown in the Plans, and as directed by the Engineer. 2. Remove existing unknown discarded items in the way of project work, removable by hand, in the area as shown on the Plans, and as directed by the Engineer. 3. Protect existing temporary 6' high fence in place, as shown on the Plans, including coordination with owner of fence, and as directed by the Engineer. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 7-10, "Public Convenience And Safety", of the Standard Specifications. All removed concrete and other materials, not specifically requested to be salvaged, shall become the property of the Contractor and shall be legally 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. The Contractor shall deliver salvaged material to the CITY YARD, at 234 South Mountain View Avenue, San Bernardino, CA 92404. The Contractor shall contact the Engineer at (909) 384-5166, 48 hours prior to hauling. The Contractor shall provide equipment, as required, to safely load and unload the salvaged materials. Where unclassified fill and grading is necessary in preparation for laying concrete footing, it shall be made with clean material which shall be solidly compacted to avoid future settlement. SP-48 Excess and/or unsuitable materials shall be removed from the site by the Contractor. Outside the traveled way, in areas to receive concrete, soil shall be compacted to a relative density of not less than 90%. Backfill 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, subgrade material shall be compacted to a relative compaction of 95%. 11-1.02 PAYMENT -- The contract bid lump sum price paid for "CLEARING AND GRUBBING, UNCLASSIFIED EXCAVATION, AND UNCLASSIFIED FILL", shall be considered as full compensation for doing all the work involved in clearing and grubbing, including protection of existing temporary fence and coordination and communication with fence owner, per the Plans, the Standard Specifications and these Special Provisions, and as directed by the Engineer, 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. The Contractor shall pay the price at the same rate that the CITY is charged by the testing soils lab. 2. Tests which do meet the required relative compaction shall be paid for by the CITY. SP-49 SECTION 12 THROUGH SECTION 30, BLANK SP-50 SECTION 31 31-1 CHAIN LINK FENCE 31-1.01 GENERAL -- All chain link fence materials, fittings and installation of chain link fence and gates shall comply with the requirements of Section 80, "Fences", of the California Department of Transportation (CALTRANS) Standard Specifications, the American Welding Society (AWS), "Structural Welding Code" ( latest editions ), and these Special Provisions. The Contractor shall construct chain link fence and double drive gate, and relocate existing gate, per San Bernardino County Flood Control (SBCFCD) details on Sheet 2 and Sheet 3 of the PLANS, these Special Provisions and as directed by the Engineer. The Contactor shall examine the existing conditions at the work site prior to proceeding with design of fencing and gate, and notify the Engineer of any conditions unacceptable to begin work. The Contactor shall coordinate with the Owner of the existing fence to be removed by others as shown on the PLANS. The Contractor shall be responsible for the security of the site after temporary fence removal. The Contractor shall be aware that all the requirements in this section are in addition to the "Special Provisions", Standard Provisions" and "General Provisions" stated in the San Bernardino County Flood Control District Permit No. P-22004058 and all its amendments. The Contractor shall refer to copies of these documents in the APPENDIX of these Special Provisions. 31-1.02 PAYMENT -- The contract bid unit price paid per linear foot and per each for "CHAIN LINK FENCE" and "DOUBLE DRIVE CHAIN LINK GATE", respectively, shall include full compensation for providing all the materials, tools and equipment, and for doing all the work involved in the construction and installation of chain link fencing and double drive gate, complete in place, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation shall be allowed therefor. The contract bid lump sum price paid for"RELOCATE Existing CHAIN LINK GATE" shall include full compensation for providing all the materials, tools and equipment, and for doing all the work involved in the relocation of chain link gate, complete in place, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation shall be allowed therefor. SP-51 SECTION 32 THROUGH SECTION 49 BLANK SP-52 SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL - The Contractor shall comply with Section 7-9, "Protection and Restoration of Existing Improvements", of the Standard Specifications, latest edition, and these Special Provisions. 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-53 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 bid items of work involved, and no additional compensation will be allowed therefor. SP-54 APPENDIX STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION EXCERPTS FROM THE CALIFORNIA LABOR CODE RELATING TO APPRENTICES ON PUBLIC WORKS Chapter 1 of Division 2 APPRENTICES ON PUBLIC WORKS 1773.3. An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall,within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee regarding all such awards applicable to the joint apprenticeship committee making the request. Within five days of a fording of any discrepancy regarding the ratio of apprentices to journeymen,pursuant to the certificated fixed number of apprentices to journeymen,the awarding agency shall notify the Division of Apprenticeship Standards. 1776. (a) Each contractor and subcontractor shall keep accurate payroll records, 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 the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1)The information contained in the payroll record is true and correct. (2)The employer has complied with the requirements of Sections 1771, 1811,and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However,a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. (c)The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body,the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name,address,and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated.Any copy of records made available for inspection by,or furnished to,a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978(Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fee and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. (f)The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision(a), including the street address,city and county, and shall,within five working days,provide a notice of a change of location and address. (g)The contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded,forfeit twenty-five dollars($25) for each calendar day,or portion thereof,for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. (i) The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5(commencing with Section 6250),Division 7,Title 1, Government Code) and the Information Practices Act of 1977,(Title 1.8(commencing with Section 1798),Part 4,Division 3,Civil Code)governing the release of these records,including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (j)This section shall remain in effect only until January 1,2003,and as of that date is repealed,unless a later enacted statute,that is enacted before January 1,2003,deletes or extends that date. 1776. (a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address,social security number,work classification, and 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 the 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: (1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However,a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. (c)The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) Each contractor shall file a certified copy of the records enumerated in subdivision(a)with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body,the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address,and social security number.The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978(Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's social security number. (f)The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision(a), including the street address,city and county, and shall,within five working days,provide a notice of a change of location and address. (g)The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10-day period,he or she shall,as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement,these penalties shall be withheld from progress payments then due. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.These stipulations shall fix the responsibility for compliance with this section on the prime contractor. (i) The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5 (commencing with Section 6250), Division 7,Title 1, Government Code) and the Information Practices Act of 1977, (Title 1.8(commencing with Section 1798),Part 4,Division 3,Civil Code)governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (j)This section shall become operative January 1,2003. 1777.5.(a)Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. (b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. (c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either (1) the apprenticeship standards and apprentice agreements under which he or she is training or (2) the rules and regulations of the California Apprenticeship Council. (d) When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in 2 the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However,the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision(o). (e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract,the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed.A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards,but,except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. (h)This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed.Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio.The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or,in the case of a subcontractor,before the end of the subcontract. However,the contractor shall endeavor, to the greatest extent possible,to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite.Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision(g). (j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio,as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate,which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met: (1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4)Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life,safety,or property of fellow employees or the public at large,or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. (1)When an exemption is granted pursuant to subdivision(k)to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees,if they are already covered by the local apprenticeship standards. (m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. 3 (2) At the conclusion of each fiscal year, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, to the roved expenses nesnof the p programs of for the purpose Standards for administering this subdivision, by making approved approved multiemployee of training apprentices. The funds shall be distributed as follows:area for there is th training contributions were apprenticeship program serving the same craft or trade and geographic approved multions were made to the council, a grant to that program shall be made. (B) If there are two or more app apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered be in each program. (C)All training contributions not distributed under subparagraphs(A) the future expenses of administering this subdivision. (3) All training contributions received pursuant to this the subdivision shall be deposited in the Apprenticeship Training Contribution Fund,which fund is hereby created Training State Treasury. Notwithstanding Section 13340 of the Government Code, all no in the suAp vieion andpo pay the Contribution Fund is hereby continuously appropriated for the purpose of carrying out expenses of the division in administering this subdivision. s (n) The body awarding the contract shall cause to be inserted in the contract stipulations s to effectu to this section. The stipulations shall fix the responsibility of compliance with this section for all app with the prime contractor. (o)This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars($30,000). (p)All decisions of an apprenticeship program under this section are subject to Section 3081. 1777.6.registered It shall ti unlawful for works, or a labor union the ground of thetra refuse to accept e, religious ceedtcolor,snat national origin,ancestry, registered apprentices on any public or age,except as provided in Section 3077,of such employee. 1777.7. (a) (1) A contractor or subcontractor that is determined by the Chief of the Division of Apprenticeship Standards to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding one hundred dollars($100) for each full calendar day of noncompliance.The amount of this penalty may be reduced by the Chief if the amount of the penalty would be disproportionate to the severity of the violation. A contractor or subcontractor that knowingly commits a second or subsequent violation of Section 1777.5 within a three-year period, where the noncompliance results in apprenticeship training not being provided as required by this chapter, shall forfeit as a civil penalty the sum of not more than three hundred dollars($300) for each full calendar day of noncompliance. Notwithstanding Section 1727,upon receipt of a determination that a civil penalty has been imposed by the Chief, the awarding body shall withhold the rovided for in this ubdivision,othe Chief may, for apfirst time violation and with the due. (2) In lieu of the penalty p order the contractor or subcontractor to concurrence of an apprenticeship program described in subdivision (d), provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance. (b) In the event a contractor or subcontractor is determined by committed a the Chief to have knowingly serious violation of any provision of Section 1777.5, the Chief may also deny to the contractor or subcontractor, rid to its responsible officers, the right to bid on or be awarded or perform work as a subcontractor on any p ublic contract for a period of up to one year for the first violation and for a period of up to three years for a second or subsequent violation. Each period of debarment shall run from the date the determination of noncompliance by the Chief becomes a final order of the Administrator of Apprenticeship. (c) (1)An affected contractor, subcontractor, or responsible officer may obtain a review of the determination of the Chief imposing the debarment or civil penalty by transmitting a written request to the office of the Administrator within 30 days after service of the determination of debarment or civil penalty.A copy of this report shall also be served on the Chief. If the Administrator does not receive a timely request for review of the determination of debarment or civil penalty made by the Chief,the order shall become the final order of the Administrator. (2)Within 20 days of the timely receipt of a request for review, the Chief shall provide the contractor, subcontractor, or responsible officer the opportunity to review any evidence the Chief may offer at the hearing. The Chief shall also promptly disclose any nonprivileged documents obtained after the 20-day time limit at a time set forth for exchange of evidence by the Administrator. (3)Within 90 days of the timely receipt of a request for review,a hearing shall be commenced before the Administrator or an impartial hearing officer designated by the Administrator and possessing the qualifications of an administrative law judge pursuant to subdivision (b) of Section 11502 of the Government Code. The affected contractor,subcontractor,or responsible officer shall have the burden of providing evidence of compliance with Section 1777.5. (4) Within 45 days of the conclusion of the hearing, the Administrator shall issue a written decision affirming, modifying, or dismissing the determination of debarment or civil penalty.The decision shall contain a statement of the factual and legal basis for the decision and an order.This decision shall be served on all parties and the awarding body pursuant to Section 1013 of the Code of Civil Procedure by first-class mail at the last known address of the party that the party has filed with the Administrator. Within 15 days of issuance of the decision, the Administrator may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. (5) An affected contractor, subcontractor, or responsible officer who has timely requested review petition fed obt it edmadecis to under paragraph(4) may obtain review of the decision of the Administrator by filing a p the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the final decision. If no timely petition for a writ of mandate is filed, the decision shall become the final order of the 4 abused• shis or her discretion. If the petitioner claims that the findings are not supported by the evidence,Administrator of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the entire record. in any The county in which the affect df contractor the final oresubcontractor has property it with the or clerk of the of bu• perior court in any t5' business.The clerk,immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order.A judgment entered pursuant to this e P reference shall a owed sa by the law on terest e rate of and shall have the same effect as other judgments and be given judgments rendered for claims for taxes.The clerk shall not charge for the service performed by him or her pursuant to this section.An awarding body that has withheld funds in response to a determination by the Chief imposing a penalty under this section shall, upon receipt of a certified copy of a final order of the Administrator, promptly transmit the withheld funds,up to the amount of the certified order,to the Administrator. (d)If a subcontractor is found to e less the violated hadekn knowledge of the subcontractor's failure to comply any penalties under i ns of subdivision (a), P comply with the provisions of Section 1777.5 or unless the prime contractor fails to comply with any of the following requirements: (1) The contract executed between the contractor and the subcontractor or the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. (2)The contractor shall continually monitor a subcontractor's use of apprentices required to be employed on the public works project pursuant to subdivision (d) of Section 1777.5, including, but not limited to, periodic review of the employ the required certified of the number of a P payroll prentices, the contractor r3shall take ccorreccti a action, including, ut not limited to, retaining funds due the subcontractor for work performed on the public works project until the failure is corrected. (4) Prior to making the final payment to the under penalty of for ryfrom thersubcontractor that the subcontractorehas employed the obtain required declaration signed under penalty of perjury number of apprentices on the public works project. (e)Any funds withheld by the awarding body pursuant to this section shall be deposited in the General Fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if the awarding body is an entity other than the state. penalty,in determining whether a violation is (f)The Chief shall consider,in setting the amount of a monetary be debarred for determining this therion, all violation the serious, and in determining whether and for how long a party Whether the party has committed other following circumstances: (1) Whether the violation was intentional. (2) took steps party voluntarily roily remedy the violations of Section 1777.5. (3) Whether, upon notice of the violation, the party s to vo for apprentices. e violation. (4) Whether, and to what extent, the violation resulted in lost training opportunities ks Whether, and to what extent,the violation otherwise harmed apprentices apprenticeship p Admires . If shat de eks review of a decision by the Chief to impose a monetary penalty o ty period of deb de novo the appropriate penalty,by considering the same factors set forth above. (g) The interpretation of Section 1777.5 and this section shall be in accordance with the regulations of the egu of mno California monetary enalties and periods of debarment and may desi pgnat precedential decisions under Section 11425 60 of of monetary p the Government Code. NOTE: THE ABOVE CALIFORNIA LABOR CODE SECTIONS ARE AVAILABLE FROM THE INTERNET @ www.dir.ca.gov/. DAS 10 (Rev. 04-02) 5 PUBLIC WORKS STANDARD PLANS I C.C.1 TN/ c P SAN ESE ZWACZDIP- s-r •t`tDAR.D ENISTINC3 '1'0 POOCAPH1' 5Y14115OLS . 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CITY ENCIt.iEE:iZ. 50 PERMITS, DEED AND EASEMENTS BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT San Bernardino County Flood Control District Inspection' Phone: 825 East Third Street, Room 108 (om) - San Bernardino, CA 92415-0835 Inspection office shall be (909) 387-7995 - FAX(909)387-8043 notified two working days ),....- prior to commencing permitted use. FAILURE 1 TO OBTAIN INSPECTION P RM `4"----:–t----- SHALL BE CAUSE TO VOID THIS PERMIT. Permit Issued October 8, 2004 Permit Expires: October 8, 2005 File: 2-305, 2-307, 2-364/2.04 Permit No: P-22004058 permittee: University Park, LLC Filing Fee: $535.00 P.O. Box 610 Inspection Fee: $2.900.00 Seal Beach, CA 90740 (Nonrefundable)TOTAL: $3,435.00 Contact/Phone: Chuck Diamond (562)430-0503 Project Manager Permit Activity: 1) Perform grading operations for future street improvements within District right-of-way, 2) abandon and remove two of three existing 48-inch CMP turnouts from Wiggins Basin No. 1, 3) construct a 60-inch RCP storm drain connection into the existing triple RCB at University Parkway, and 4) install a 12-inch DIP Waterline Crossing above the Devil Creek Diversion Channel, C/E Facilities: Wiggins Basin No. 1, Devil Creek Diversion Channel, C/E, and Devil Creek Channel Location: North of Kendall Drive City/Community: City of San Bernardino 1. The proposed permit activity shall be in accordance with the Plans(Exhibit"A"), and the Special, Standard and General Provisions, all of which are attached and made a part of this permit. 2. AT LEAST 48 HOURS NOTICE SHALL BE GIVEN TO THE DISTRICT BEFORE STARTING ANY WORK UNDER THIS PERMIT. Contact the District's inspector at (909) 387-8014 failure of notification is cause for revocation of this permit. 3. This permit, or a certified copy thereof, shall be kept at the job site throughout the period of operations within District right-of-way and shall be shown to any District Representative or any law enforcement officer upon demand. Exercise of this permit shall Indicate acceptance of and agreement to comply with all provisions included herein. Violation of any provision shall be cause for immediate revocation of permit. PERMITTEE'S ACCEPTANCE: DISTRICT APPROVAL: Signature by the Per pee or Perini ee's Authorized Agent of this Permit shall indicate acceptance of all of the pc:Melons of the permit ___lie" 9..l 4,4— Yit/040 Y ia:51 ,./4' -) 7n..,--e -) 7/31" Frermittee's Signature PATRICK J. MAD Date e.7019,,d Interim Flood Control Engineer TITLE 1, if:44, gel , .„,,..„...., aj ��� tee cc rah and-Game FC Operations Supt Inspector SPECIAL PROVISIONS. 1. Prior to construction of the future street improvements for Campus Avenue Parkway within District right-of-way, the permittee shall obtain a permit for any work within District right-of-way from the District. 2. Prior to starting any activity authorized by this permit, the Permittee shall provide to the District written confirmation from the City of San Bernardino accepting full responsibility for the maintenance and operation of the 60-inch RCP side drain upon completion and acceptance of the construction. 3. Prior to starting any activity authorized by this permit, the District require written confirmation form the City of San Bernardino Water Department for operation and maintenance of the 12-inch DIP Waterline Crossing. STANDARD PROVISIONS 1. The term of this permit is for one year. The District will coordinate an extension(s) to the permit term upon receipt of a completed Flood Control Permit Amendment Application at least thirty days prior to the expiration date. 2. No revisions to the approved plans shall be made during construction without review, written approval and/or permit amendment from the District. 3. No floatable materials or stockpiling shall be maintained within District right-of- way, and equipment shall be kept out of District right-of-way except when in use during working hours. 4. The existing access gates shall be locked after hours and on weekends by interlocking Permittee's lock with the District's lock to allow District access. 5. The proposed activity within District right-of-way shall be in compliance with all City ordinances for noise and operating hours. 6. All existing asphalt or concrete surfacing removed during the permit activities shall be sawcut at the removal limits. Any settlement in the future shall be maintained by the Permittee. 7. Backfill in all areas having flood control facilities shall be similar to the existing material and shall not contain organic material, broken concrete or pavement, or other material unsuitable for compaction. All backfill shall be compacted to at least ninety percent (90%) relative density as determined by ASTM test Method D- 1557, Method C and certified evidence thereof submitted. Compaction tests shall be performed at locations specified and to the satisfaction of the District. Page 2 of 6 22004058 8. All construction and material testing for facilities constructed within District right-of- way will be performed by the Permittee and/or Permittee's authorized agent and certified evidence thereof shall be furnished to the District at the Permittee's expense. 9. The Permittee will submit"Record Drawings" at the time of the final inspection. 10. No more than one-third (1/3) of any flood control facility may be obstructed during the period October 15 to April 15, nor more than two-thirds (2/3) of any facility may be obstructed during the remaining period. The term "obstruction" shall include all temporary or permanent structures, falsework, excavated material, and equipment connected with the construction. For the purpose of computing the area of an obstruction, dimensions shall be taken normal to the channel flow of the actual physical outline of the obstruction. 11. Concrete for rock inlet and outlet structures, bottom controls, splash pad and other proposed structures shall be 560-B or C-3250. 12. Concrete mix designs shall be submitted to the District for review and approval at least 72 hours prior to concrete placement within District right-of-way. 13. All reinforcing steel shall conform to the requirements of ASTM A-615 and shall be Grade 60. 14. All structural concrete shall be 4000 psi with "A" gradation in all inverts and 4000 psi with "B"gradation for all walls. 15. To cut the hole in the RCB wall section, make a sawcut 1-inch deep on the exposed face of the RCB wall at the removal limits; cut a groove in the concrete adjacent to the sawcut on the side to be removed to the depth of the sawcut with a chipping hammer. Remove the remaining concrete. A ball and crane shall not be used for breaking up concrete within the District's right-of-way. 16. The drain shall be aligned so that the edge of the proposed wall opening in the RCB will be at least 5-feet away from the nearest vertical wall joint. 17. The channel station number shall be painted, using black paint, on the channel wall above the breakout opening in uniform capital block letters and numbers fl- inches high, 3-inches wide and 3/-inch width of line per Exhibit"B". 18. A modified concrete apron, attached herewith as Exhibit "C", shall be required around all above ground structures. GENERAL PROVISIONS 1. Exercise of this permit, by Permittee or Permittee's authorized agent, shall indicate acceptance of all of the provisions of this permit. Permittee shall make all contractors doing work on this project familiar with all of the requirements of this permit. Violation of any provisions of this permit shall be cause for immediate revocation of the permit. Page 3 of 6 22004066 2. INSURANCE - This permit shall not become valid until the Certificate of Insurance has been completed by your contractor's insurance company and approved by the Flood Control District. If the permit activity is to be completed by Permittee's forces, the Certificate of Insurance shall be completed by Permittee's insurance company and approved by the Flood Control District. 3. The Permittee shall indemnify and hold the District and all officers, employees and agents of said public body free and harmless from any and every claim, demand or action for damages, or injury to any person or persons or property of any kind whatsoever, and any cost or expense in connection therewith, and agrees to defend the Flood Control District, the County of San Bernardino, and all officers, employees and agents of said public body against any claims or demands which may arise out of or result from Permittee's construction, operation, use or activities on District right-of-way. 4. A copy of this permit will be sent to the State Department of Fish and Game,who may require a permit for this type of activity. It is the responsibility of the Permittee to obtain any required permits and approvals prior to starting any activity authorized in the permit. State Department of Fish and Game may be contacted at the address below. Department of Fish and Game Attn: Environmental Services 4775 Bird Farm Road Chino Hills,CA 91709 (909)597-9823 A completely executed copy of the State Department of Fish and Game permit shall be kept at the permit site at all times while work is being performed. Permittee shall make all contractors doing work on this project familiar with all of the requirements of the State Department of Fish and Game permit. 5. Prior to beginning any activity authorized in this permit, the Permittee and/or Permittee's authorized agent, shall notify Underground Service Alert (USA) at 1-800-422-4133 at least 48 hours in advance to coordinate the permit activity on District right-of-way. 6. In accepting this permit, the Permittee agrees to replace any existing improvements which may include but not be limited to access road pavement, irrigation pipelines, chain link fencing and landscaping with acceptable products, installed to size, line and grade as the existing products removed and as approved by the District. 7. Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, the entire cost of removal and replacement, including the cost of all materials used in the work thus removed, shall be borne by the Permittee, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the District, shall upon order of the District, be uncovered to the extent required,and the Permittee shall bear the entire cost of performing all the work and furnishing all the equipment and materials necessary for the removal and subsequent replacement of the covering, as directed by the District. 8. Should installation or maintenance activities be required during the period October 15 to April 15, work shall be undertaken within a 5-day clear weather forecast. Permittee shall maintain and provide for a flood watch when storm conditions threaten, and have personnel and equipment available on a 24-hour schedule and provide the District with the names and after-hours phone numbers of responsible supervisory personnel. 9. Any survey monuments which will be disturbed or destroyed shall be located, referenced and a corner record filed with the County Surveyor prior to the start of construction. The monuments shall be reset in a surface of the new construction, with a suitable monument box placed thereon, or set with permanent witness monuments. A corner record shall be filed with the County Surveyor for reset of monuments and evidence submitted prior to finalizing the permit. All work shall be performed under the direction of a licensed land surveyor or registered civil engineer at the expense of the Permittee. 10. Access to the District's levees, channels and patrol roads shall remain open and free to vehicular traffic at all times. Alternate access to the facilities shall be provided when existing access is severed or impaired. Permittee must prevent the public or unauthorized persons from entering the construction area or the District's right-of-way. 11. The Permittee shall perform, at Permittee's own expense, all construction surveying and engineering necessary to control construction to limits defined in the Plans and Exhibit"A". The construction surveying and engineering will be performed to the District's satisfaction. 12. Permittee shall,at all times,exercise proper dust control and dust abatement. Page 4 of 6 22004058 13. At any time during the life of this permit, the District may revise, modify or add provisions to this permit as may be required to meet the flood control,water conservation and safety responsibilities of the District. 14. The location of any temporary construction roadways or ramps which the Permittee may wish to build within District right-of-way shall be subject to the approval of the District. Roads shall be constructed so as to wash out during any appreciable flows. 15. This permit is valid only to the extent of the Flood Control District's jurisdiction. Permits or other approvals required by other cognizant agencies or underlying fee owners of District easement lands shall be the responsibility of the Permittee. Nothing contained in this permit shall be construed as a relinquishment of any rights now held by the Flood Control District. 16. If the Permittee should refuse or neglect to comply with the provisions of the permit,or the orders of the District,the District may have such provisions or orders carried out by others at the expense of the Permittee. 17. If the Permittee fails to comply with any obligation contained herein, Permittee shall be liable to the District for any administrative expenses and attorney's fees incurred in obtaining compliance with this permit and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. 18. No part of the activities authorized under this permit shall be accepted in phases. All work within District right-of-way must be completed prior to District acceptance of improvements within District right-of-way. 19. At the completion of the construction activities, the area shall be cleaned, graded and dressed to the satisfaction of the District. A joint inspection (Permittee/District) shall be made to determine if the work has been completed in accordance with permit requirements. 20. This permit is valid only for the purpose specified herein. All proposed changes shall be submitted, in writing, for District review and approval. 21. Activities under this Permit are subject to any instructions of the Flood Control Engineer or his representative. ALL INSTRUCTIONS MUST BE STRICTLY OBSERVED. 22. District activities shall take precedence at all times and, when any work or activity must be performed to carry out the functions and purposes of the District, Permittee must allow same to be done without interference. 23. Any damage caused to District facilities or structures by reason of the exercise of the Permit shall be repaired at the cost of the Permittee to the satisfaction of the District. Permittee will be billed for the actual cost to the District should Permittee neglect to make such repairs promptly. 24. Any District right-of-way monuments that are removed, disturbed, or destroyed as a result of activity under permit will be replaced by the District. Permittee will be billed and agrees to immediately pay all costs of such replacement. 25. Unless otherwise specified herein, this permit is subject to all prior permits, agreements, easements, privileges or other rights, whether recorded or unrecorded, in the area specified in this permit. Permittee shall make his own arrangements with holders of such prior rights. 26. The permitted activities shall be in accordance with: a. The San Bernardino County Department of Public Works, Transportation and Flood Control Standard Specifications,available at the Department of Public Works,825 E.Third Street,San Bernardino, California;and b. all applicable provisions of the"Construction and Safety Orders"issued by the State Division of Industrial Safety and "Manual of Accident Prevention in Construction"issued by the Associated General Contractors, Inc. 27. All work associated with the activities authorized under this permit shall conform with all Cal-OSHA requirements. Prior to any shoring activity, the Permittee or Permittee's authorized agent shall submit shoring plans, signed and approved by a registered engineer,and copies of required permits. 28. It shall be the responsibility of the Permittee and/or the Permittee's authorized agent to insure that all personnel performing work authorized under this permit are adequately trained and have appropriate safety gear and equipment before entering any confined space. Page 5 of 8 22004058 29. The Permittee shall comply with the District's Stormwater Ordinance 3588 and all applicable National Pollutant Discharge Elimination System (NPDES)requirements to reduce or eliminate pollution of stormwater discharges into waters of the United States. In this regard, the Permittee shall utilize best management practices in the operation and storage of equipment, machinery, fuels, etc., to prevent any pollutants from being discharged into any storm drain and/or channel systems. In addition, pollutants (including sediment) generated as a result of the activity authorized by this permit shall not be discharged into the drainage system. 30. Should future activities of the Corps of Engineers and/or the District so require, the Permittee shall, at Permittee's expense, relocate all or any part of the subject works as so required. 31. The District will consider time extensions to the permit upon receipt of a written request from the Permittee 30 days prior to expiration. 32. The area disturbed by permitted activities shall be kept to minimum and shall be limited to that area actually being worked. 33. No nuisance shall be allowed on any of the premises and the Permittee shall exercise diligence in precluding any dumping operations in the area by patrolling or installing barriers to deter unauthorized access when the premises are not supervised. 34. Any unauthorized structure or portions thereof placed on District right-of-way or which affect District structures, must be removed by Permittee without cost to the District. 35. Violation of any provision contained therein, without written consent of the District, shall be cause for immediate revocation of this permit after written notice to the Permittee of any violation not remedied within 30 days following said written notice. 38. Upon cancellation or revocation of this permit, for any cause whatsoever, Permittee shall immediately cease all activities authorized hereunder, shall restore District right-of-way, structures and facilities to the satisfaction of the District, and shall vacate the District's premises. Should Permittee neglect to restore the premises, structures and facilities to a condition satisfactory to the District, the District will perform such work and Permittee agrees to reimburse the District for all actual costs of work performed. 37. If the permit term is extended, an annual inspection fee shall be due each year on the anniversary date of the permit. The annual inspection fee shall be based on the District's current Schedule of Fees Ordinance in effect on the anniversary date of the permit. 38. It is expressly understood that the area involved under this permit is subject to Inundation from storm, flood and/or conservation flows at any time, and that the District shall not, in any way, be obligated to afford protection against said flows, or to assume any cost for damages. The District reserves the right to divert any storm or flood flows upon any land under this permit any time, and no diversion of such shall be made by the Permittee without the consent of the District. 39. All concrete shall conform to Section 201-1 of the Standard Specification for Public Works Construction, latest edition, unless otherwise specified in this permit. Curing compound shall conform to the provisions of Section 201- 4.1 of the Standard Specifications for Public Works Construction, latest edition, Type 1-clear or translucent with red fugitive dye. Rev. 12/00 Page 6 of 6 22004058 San 13elitardino County Flood Control District Inspection Phone: 825 East Third Street, Room 108 (909)387-8014 San Bernardino, CA 92415-0835 Inspection office shall be (909) 387-7995 - FAX(909) 387-8043 notified two working days prior to commencing. FAILURE permid TO OBTAININSPECTION PERIVIIT - .. SHALL BE CAUSE TO VOID THIS PERMIT. AMENDMENT NO. 1 Amendment Issued:December 2, 2005 Amendment Expires: April 8,2006 File: 2-305,2-307, 2-364/2.04 Permit No: P-22004058 Permittee: University Park, LLC Amendment Fee: $1,538.00 P.O. Box 610 Seal Beach,CA 90740 Contact/Phone: Chuck Diamond (562)430-0503 Project Manager Permit Activity: 1) Perform grading operations for future street improvements within District right-of-way, 2) Activity: abandon and remove two of three existing 48-inch CMP turnouts from Wiggins Basin No. 1, 3) construct a 60-inch RCP storm drain connection into the existing triple RCB at University Parkway, and 4) install a 12-inch DIP waterline crossing above the Devil Creek Diversion Channel,C/E Facilities: Wiggins Basin No. 1, Devil Creek Diversion Channel,CIE, and Devil Creek Channel Amendment 1) Construction of a 24-inch RCP side drain connection into Devil Creek Channel, 2) installation Activity: of chain link fencing adjacent to the channel,and 3)time extension Location: North of Kendall Drive City/Community: City of San Bernardino The District has reviewed your request and hereby amends Permit No. P-22004058 to allow the 24-inch RCP side drain connection and chain link fencing as shown on the attached Exhibit"D",and made a part of this permit. In addition to the above, the District has no objection to a time extension and hereby amends Standard Provision No. 1 of the permit as follows: 1. The extended term of this permit shall expire on April 8, 2006. The District will consider an extension or extensions to the permit term upon receipt of a written request for same at least 30 days prior to the expiration date. Also,the District hereby adds Special Provision No.4 to the permit as listed on page 2 of this amendment: All other provisions of the original permit shall remain unchanged. PERMITTEE'S ACCEPTANCE: DISTRICT APPROVAL: Signature by the Permitte's or Percmtteea Authorized Agent of this Permit shall indicate accept-4. of all of the provisions of the permit. Permittee's •na ., /.7107 1 / � � 1� Date PATRICK J. MEAD Date l�+f ) 7 Flood Control Engineer PRINT /f' / l_ t! 'L j Page 1 of 2 Amendment No.1 a: FC Operations Supt Inspector SPECIAL PROVISIONS 4. The District's 6-foot chain link fence shall be constructed per District Special Drawing I, attached herewith as Exhibit"E". Page 2 of 2 Amendment No.1 San Bernardino County Flood Control District Inspection Phone: 825 East Third Street, Room 108 (909)3878014 San Bernardino, CA 92415-0835 Inspection office shall be (909) 387-7995 - FAX(909) 387-8043 ". A•+� notified two working days :Ir ••prior d commenting PERMIT ,, permitted rase. FAILURE ', TO OBTAIN INSPECTION -• SHALL BE CAUSE TO VOID THIS PERMIT. AMENDMENT NO. 2 Amendment Issued: MAY 8, 2006 Amendment Expires: April 8, 2008 File: 2-305,2-307, 2-364/2.04 Permit No: P-22004058 Permittee: University Park, LLC Amendment Fee: $93.00 P.O. Box 610 Seal Beach,CA 90740 Contact/Phone: Chuck Diamond (562)430-0503 Project Manager Permit Activity: 1) Perform grading operations for future street improvements within District right-of-way, 2) Activity: abandon and remove two of three existing 48-inch CMP turnouts from Wiggins Basin No 1, 3) construct a 60-inch RCP storm drain connection into the existing triple RCB at University Parkway, and 4) install a 12-inch DIP waterline crossing above the Devil Creek Diversion Channel,C/E Facilities: Wiggins Basin No. 1, Devil Creek Diversion Channel,CIE, and Devil Creek Channel Amendment Activity: 1)liime extension and 2)delineation of proposed right-of-way limits Location: North of Kendall Drive City/Community: City of San Bernardino The District has no objection to your request for a time extension to the above referenced permit and hereby amends Special Provision No. 1 as follows: 1. The extended term of this permit shall expire on April 8,2008. The District will consider an extension or extensions to the permit term upon receipt of a written request for same at least 30 days prior to the expiration date. Also,the District hereby adds Standard Provision No. 19 and Special Provision No. 5 to the permit as listed on page 2 of this amendment: All other provisions of the original permit and subsequent amendment shall remain unchanged. PERMITTEE'S ACCEPTANCE: DISTRICT APPROVAL: Signature by the Permittee or Permittee's Authorized Agent of this Permit Oaf indicate acceptance of all of the proviaions of the permit rayo tarilifi D Date Permits signature PATRICK J. M] i ON.N,d St 41.-/ Ia..- Flood Control Engineer PRINT r. C.4411. 9 "'�"` TITLE 1414A. C a: FC Operadorn Supt Irowtor Page 1 of 2 Amendment No.2 4-19-2008 • STANDARD PROVISIONS 19. An annual inspection fee shall be due on the anniversary date of this permit. The annual inspection fee shall be in accordance with the District's Schedule of Fees Ordinance in effect on the anniversary. SPECIAL PROVISIONS 5. Prior to the District finalizing this permit, the Permittee and the District shall complete a right-of-way exchange impacting several property parcels in the area of construction activity. The Permittee shall be required to coordinate the right-of- way exchange with Tom Williams, Chief, Right-of-Way Section, at (909) 387-8256. The District's inspector shall be kept informed by the Permittee of the status of perfecting the right-of-way in order to install the chain link fencing required by this permit. Page 2 of 2 Amendment No.2 4-19-2006 San Bernardino County Flood Control District (909)Inspection Prom 825 East Third Street, Room 108 San Bernardino, CA 92415-0835 Inspection office shall be (909)387-7995 - FAX(909)387-1858 notified two working days prior to commencing TO permitted OBTAIN PER:MIT SHALL SE CAUSE TO VOID THIS PERMIT. AMENDMENT NO.3 Amendment Issued: January 20, 2011 Amendment Explrea: November 1,2011 Pile 2-305,2407, 2-384!2.04 Permit No: P-22004058 Permittee City of San Bernardino Name Change Amendment Fee: $120.00 300 N.°D"Street Time Extension Fee. $120.00 San Bernardino,CA 92418 (Nonrefundable)Total: $240.00 Contact/Phone Robert Elselrbeisz (909)384-5203 Permit Activity: 1)Perform grading operations for future street improvements within District right-of-way,2) abandon and remove two of three existing 48-Inch CMP turnouts from Wiggins Basin No. 1, 3) construct a 80-inch RCP storm drain connection into the existing triple RCB at University Parkway, and 4)install a 12-inch DIP waterline crossing above the Devil Creek Diversion Channel,CIE Fad itieas: Wiggins Basin No.1,Devil Creek Diversion Channel,CIE,and Devil Creek Channel Amendment 1)Name change and 2)time extension Location: North of Kendall Drive City/Co ty: City of San Bernardino The Pernitee is hereby amended(from University Park,LLC to City of San Bernardino)as follows: PREVIOUS PERM TTEE, EW PE University Park,LLC City of San Bernardino P.O.Box 810 300 N."D"Street Seat Beach,CA 90740 San Bernardino,CA 92418 in addition to the aabove,the District hereby amends Standard Provision No. 1 as follows: 1. The extended term of Ws permit shall expire on November 1, 2011. The District will consider an extension to the permit term upon receipt of a permit amendment application at least 30 days prior to the termination data Also, the District shall add General Provision Nos. 40, 41, 42 and 43 to the permit as listed on page 2 of this amendment All other provisions of the original permit and subsequent amendments shall remain unchanged. PERMITTEE'S ACCEPTANCE: D ` r APPROVAL: Saoneese byIhe Nimbi.at sAultatzsd Agent of tier Permit sink! indcde el of the phaf*ine of the Pont 0414, A•46, I �at1 Pete itt !s sib. GRANVI . e BOWMAN N Date Raber M59.1 glet,SZ. Flood Contrd Engineer PRINT Cr ry 014041aL, TULE at PcOrohioo.euvt t Page 1a2 Amendment No.3 GENERAL PROVISIONS 40. If applicable,the Permittee shall provide a wheel shaker or other approved device at the entrance of the job site to minimize debris track out on public streets. 41. The Permittee shah comply with all provisions of Rule 403-F4tive Dust of South Coast Air Quality Management District. 42. The permit activities allowed under this permit may require the Permittee to use a pre-emergent within District right-of-way in order to control the growth of weeds. The District currently uses the following pre-emergent for this purpose: Direx 4L 0 7 qts/acre, simazine 4L 0 5 gtslacre, landmark 0 4.5 ozlacre. The necessity to use this or a similar type of pre-emergent shall be at the discretion of the District's inspector, and the type and method of use of the pre-emergent shall be submitted by the Permittee for review and approval by the District`s inspector prior to use. 43. The District's Schedule of Fees Ordinance is subject to change by the County Board of Supervisors. The Board typically considers changes in the Schedule of Fees Ordinance to take effect at the beginning of each fiscal year(July 1). Should the borrow fee rate be adjusted at any time during the life of this permit in accordance with changes to the Schedule of Fees Ordinance, the Permittee shall have the right to continue soil removal based on the new rate or request cancellation of their permit prior to the effective date of the new rate. Upon cancellation,the Permittee shall be responsible for restoring the work area to the satisfaction of the District prior to vacating District right-of-way. The District shall not be responsible for any impact to contractual obligations the Permittee may have with any clients as a result of revisions to the District's Schedule of Fees Ordinance. Pap 2ot2 Amendment No.3 San Bernardino County Flood Control District Inspection Phone: 825 East Third Street, Room 108 (909)387-8014 San Bernardino, CA 92415-0835 Inspection office shall be (909) 387-7995 - FAX(909)387-1858 :: ,�, notified two working days O to commencing permitted use. FAILURE T TO OBTAIN INSPECTION PERMIT ,.—tx SHALL BE CAUSE TO VOID THIS PERMIT. AMENDMENT NO. 4 Amendment Issued: April 17, 2012 Amendment Expires: November 1, 2012 File: 2-305,2-307, 2-364/2.04 Permit No: P-22004058 Permittee: City of San Bernardino Time Extension Fee: $237.00 300 N. "D"Street San n Be i lardin,,CA 924.18 Contact/Phone: Robert Eisenbeisz (909)384-5203 City Engineer Permit Activity: 1) Perform grading operations for future street improvements within District right-of-way, 2) abandon and remove two of three existing 48-inch CMP turnouts from Wiggins Basin No. 1, 3)construct a 60-inch RCP storm drain connection into the existing triple RCB at University Parkway, and 4) install a 12-inch DIP waterline crossing above the Devil Creek Diversion Channel, CIE Facilities: Wiggins Basin No. 1, Devil Creek Diversion Channel,C/E,and Devil Creek Channel Amendment Time extension Location: North-of Kendall Drive City/Community: City of San Bernardino The District has no objection to a time extension and hereby amends Standard Provision No. 1 of the permit as follows: 1. The extended term of this permit shall expire on November 1, 2012. The District will consider an extension or extensions to the permit term upon receipt of a completed Flood Control Permit Amendment Application at least 30 days prior to the expiration date. In addition to the above, the District hereby adds General Provision No. 44 to the permit as listed on page 2 of this amendment: All other provisions of the original permit and subsequent amendments shall remain unchanged. PERMITTEE'S ACCEPTANCE: DISTRICT APPROVAL: Signature by the Permittee or Permittee's Authorized Agent of this Permit shall indicate acceptance of atilt/Me—provisions of the permit r / 1 4'17 _. — , :'� / /t � ,,,,.�- f Date Permittee's Sig atu e � � Bate KEVIN`BLAKESLEE ra i Deputy Flood Control Engineer PRINT 41,42–,e- . - •l iS-L. �'i __... , '-L-- TITLE cc: FC Operations Supt Inspector Page 1 of 2 P-22004058 Amendment No.3 GENERAL PROVISIONS 44. The Permittee is hereby advised that the District's inspector shall make routine, periodic visits to the construction site commencing upon the date of permit issuance. Such site inspections shall be performed to ensure that permit activities have not been initiated without proper notification to the District. As such, the District shall have its inspector charge the appropriate time for such site visits, whether work is being performed or not, and inspection fees for the permit may be assessed accordingly based on the time necessary to conduct the necessary site visits. • Page 2 of 2 P-22004058 Amendment No.3 Recording Requested by: SAN BERNARDINO COUNTY Recorded in Official Records,County of San Bernardino 9/15/2010 FLOOD CONTROL DISTRICT : LARRY WALKER MP°PM 825 E THIRD S.T. F Auditor/Controller — Recorder SAN BERNARDINO,CA.. ., P Counter 92415-0835 Doc#: 2010—0378844 Titles: 1 Pages: e Mail To: SAME AS ABOVE Fees 0.00 Taxes 0.00 Other 0.00 RECORDER: aAIO 50.00 Record without fee subject to Gov't Code 6103 Recordation required to complete chain of title. Project:Devil Creek Levee D.P.No.:2.300/41&42 Parcel No:44-46 GRANT DEED Doc.#:2D090/07001 APN:Portions of Campus Parkway Dept.Code: 11600 &0261-231-25 Date:September 22.2009 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Bernardino, a Municipal Corporation (do)es hereby grant to the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,a body corporate and politic,the following described real property in the County of San Bernardino, State of California: See EXHIBIT"A" for Legal Description and EXHIBIT"Bl" & "B2"Plats City of San Bernardino Date: 110-10 By: s - • A� s/ Name: • a rrt` Its: /714yog. San Bernardino County Flood Control District Acceptance Certificate This is to certify that the interest in the real property conveyed by the within instrument to the San Bernardino County Flood Control District,a body corporate of the State of California,are hereby accepte. by the undersigned officer on behalf of said District pursuant to authority conferred by Resoluti u, 86-156,April 21, 1981 its Board of Supervisors and the grantee consents to the recordation thereof by its duly a , officer. DATED: 1�ff�IO BY: i� /�. ' ♦ Ate 041 •r'S' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of Sf Sail &rritirdtno On June ID 1)10 before me, ,1u.Ve . Er -rV .tki d i z r. Pout,(Me Here personally appeared -te k— J . Mtifir t 5 ue(,, who proved to me on the basis of satisfactory evidence to be the persongwhose name is/aa subscribed to the within instrument and acknowledged to me that he/ ted the same in his/h:. lifiWauthorized capacity(I ,and that by hislIXtOtri signatureAron the instrument the person or the e tity upon behalf of fillift"11"4"11111,415° comelio* + which the personacted, executed the instrument. Giii00/ I I certify under PENALTY OF PERJURY under the laws '�- '" ' th 1 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official al. • if,- i Plan,Notary Sear Alms gnature ove Signature or ray. 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 or1ype of Document:. Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual Cr Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner—0 Limited ❑General ,,,cHT,HU'auofiir,r ❑Partner—❑Limited ❑General rlxarTTt+ucaaPatrtr ❑ Attorney in Fact ❑Attorney In Fact Top of SIGNER ere Top of thumb here CI Trustee Q Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: MOOT ruatIond Notary M00dQ8on.9360 De DM Ave.,P.O.Boa Non•onaro ,OA 91310.e40e-wwwnNdoneNYdmympxam#5007 Rewdercavral.Frx BOO 876 6827 EXHIBIT "A" DESCRIPTIONS CAMPUS PARKWAY-CITY TO COUNTY PARCELS Parcel"A" That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps, pages 52 and 53,Records of San Bernardino County,State of California,described as follows: Commencing at the most westerly corner of said Lot 15,thence North 32°09'29"East along the northwesterly line of said Lot 15,a distance of 185.00 feet to the True Point of Beginning; thence continuing along said northwesterly line of Lot 15,North 32°09'29" East,a distance of 299,12 feet;thence leaving said northwesterly line South 57°50'31" East,a distance of 23.69 feet to the beginning of a non-tangent curve,concave southeasterly,having a radius of 1900.00 feet,the radial point of which bears South 48°47'03"East;thence southwesterly along said curve,through a central angle of 9°03'28",an arc distance of 300.37 feet to the True Point of Beginning. Containing 2,356 square feet more or less. Parcel"B" That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps, pages 52 and 53,Records of San Bernardino County,State of California, described as follows: Commencing at the most northerly corner of said Lot 15,thence South 64°55'58"East along the northeasterly line of said Lot 15,a distance of 25.19 feet to the True Point of Beginning;thence South 32°09'29 West and parallel to the northwesterly line of said Lot 15,a distance of 169.27 feet to the beginning of a non-tangent reverse curve, concave southeasterly,having a radius of 1905.00 feet,the radial point of which bears South 47°39'37 East;thence northeasterly along said curve,through a central angle of 5°22'37", a distance of 178.78 feet to said northeasterly line of Lot 15;thence North 64°55'58"West along said northeasterly line, a distance of 40.12 feet to the True Point of Beginning. Containing 3,119 square feet more or less. DEVIL CREEK LEVEE PARCELS 44-46 DOC#2D090/07001 JULY 21,2009 EXHIBIT "A" CONT'D Parcel"C" A parcel of land lying within Section 7,(unsurveyed),Township 1 North,Range 4 West, San Bernardino Base and Meridian,lying within the Rancho Muscupiabe,per plat recorded in Book 7 of Maps,page 23,records of San Bernardino County, State of California, and lying within"Parcel One"as described in document to the City of San Bernardino recorded June 30, 1921 in Book 724 of Deeds,page.8,records of said County,and described as follows: Commencing at the centerline of Kendall Drive,distant thereon 1010,23 feet from its intersection with the centerline of Deerfield Street, as said street is delineated on the Map of Tract No. 10647,per map thereof recorded in Book 159 of Maps,pages 39 and 40, records of said County; Thence North 32°09'29"East,a distance of 225.00 feet to a tangent curve,concave southeasterly,having a radius of 1850.00 feet;thence northeasterly,along said curve, through a central angle of 19°42'10",a distance of 636.17 feet;thence North 38°08'22" West,a distance of 55.00 feet to the southeasterly line of that parcel of land conveyed to the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book 8447 of Official Records,page 1163,records of said County and the True Point of Beginning; thence along said southeasterly line,South 63°03'25"West,a distance of 158.77 feet to the northeasterly line of Lot 15,Tract 2404,per map thereof recorded in Book 34 of Maps, page 52 and 53,records of said County;thence along said northeasterly line South 64°55'58"East,a distance of 40.12 feet,to a point on a non- tangent curve,concave southeasterly,having a radius of 1905.00 feet,the radial point of which bears South 42°17'00"East;thence northeasterly along said curve,through a central angle of 4°08'38",a distance of 137.78 feet to the True Point of Beginning. Containing 2,395 square feet more or less. QROFESSJO ‘ air; ro‘. .4.,- .0 .v , \ ,F Exp. aS 0-1. * \\. .._ CIV IL PE.OF 011 o* DEVIL CREEK LEVEE PARCELS 44-46 DOC#2D090/07001 JULY 21,2009 SHEET l OF 2 P'•C / TP.OB. PARCEL 'B' P «" 'B' (Sap, PARCEL 'B' w19aF. / 41 / / W � eir Sr Sap ss- PARCEL 'A' , �ft /2356 SF. / / / (\J so, i /44 / • ip�/ /• 1�" ice/ %\ / / it / / ..1,,... \ D/ / / / J T / / P.OB. / / PARCEL 'A� / / .4, z / // �" / / .4` (-) / / -. QQ" j0 / eV ` PAAC+H. 'A' 47.rye,/ QF OACT 2404 ` Aa .B, 34/52-0 / �. 40- / 'I' / / s � So.\ )!`p. 3s \ / \ * / ill©FE8810 / ,� ' �,,,W.GR 1, \ / ■ IF: 1, / E-271. / / * Exp. 0341-2011 * \� ,s+/,T CIV11. �sv. yo \rpzo SCALE: r=100' L/C ;BEARING/DELTA RADIUS LENGTH �� �� L1 N 32'09'29° E - 299.12 EXHIBIT $1 4Q/�� L2 _ N 5750'31" W - 23.69 D.P. 2.300/41 ...\ L3 N 32'09`29" E - 169.27 L4 N 64 55'58" W - 40.12 • LS S 64'55'58" E - 25.19 ,, / Cl E7}3 =09 '28" 1900.00 300.37 TRACT 10647 s/ C2 '1=05'22'37" 1905.00 178.78 M.B. 159/39-40 k �/ / o c-) 1 SHEET 2 OF 2 L/C BEARING/DELTA RADIUS LENGTH L1 S 6303'25" W - 158.77 EXHIBIT "B2" ,/- lL2 N 32'19'36" E - 47.55 D.P. 2.300/42 ,f L3 N 64'55'58' W - 59.75 _L4 N 64'55'58" W - 54.61 ' Cl G=01'56'57" _ 1850.00 62.94 ,/ C2 4=0156'58" 1900.00 . 64.64 '' 0' L5 S 6455'58" E - 40.12 Si/ y0CP,�6`b 16 N 64'55.58" W - 100.73 / s ' \N- C3 A=04'08'38" 1905.00 137.78 Op.e ���el y 6 46 D / X 0 4 4. 74 QP \ 4� b o� fl' y Q •O IG.E. SHERER . . ��ry4 ��'tl' c) Q P.. COR. NO. 5 PARCEL C PER C.S. 1780 RIGHT OF WAY 2,395 S.F \/// 111.08'6"W ,s G S53 48 3 ` •.- V o. TRACT 16509-7 tis , C;1' /' M.B. 331/83-92 ¢SSS89 �N SEE DETAIL 'A' i�fESS cir, ' ;: Exp. 33i- 0'I'1/ .��F NE CNA SCALE: 1"=200' j1/' / f / /'+ r,, / ' ,, ?8¢S?ep, sTA.,...CA 43,// 6' j%;'// / / / / .� ' / / / TRACT 2404 ' / s�'S Ig / / / M.B. 34/52-53 G.E. SHERER COR. ,// � . ,So / 43/1:e / NO. 4 PER C.51780 :.\/4 A/ / / / �'vS)�`SO . ' ry' P.O�PARCEL)6' / P08 FOR CAMPUS PARKWAY / �,V 49,,O / PER DOC. NO. 2005-0970212 / ,,y6 fF4/� \ 1 `/ /04 / ,4 MOB. K ,•��`'S ''' ` \.'J J / �w�`' PAACEl. 'C 'io. d •rte ., '4Pe 4'? `\ej, 4C�' X11 , `s'3`' .s�, �i - � .a�. TRACT 10647 °�- J�9 z `.a�,s `" M.B. 159/39-40 �' '�� AETAL `A� p% % �``�� NTS -f Recorded in Official Records,County of Sae Bernardino 911412010 •` REQUt.STED BY AND ' ' - LARRY WALKER ALs WHEN RECORDED MAIL TO ;' ` .ate Ruiner/Controller - Recorder CITY CLERK ±f= ../ P Counter CITY HALL Titles: 1 Pages: 7 300 North"D"Street Dock. 2010-0375915 San Bernardino,CA 92418 Fess 0.00 1111111111,1' Taxes 0.00 . Othof e•�APN:0265-031-14&19,0151-241-15, "j PAID se.ee 0261-231.24(PORTIONS OF) SPACE ABOVE FOR RECORDER'S USE FEE EXEMPT PURSUANT TO EASEMENT GOV.CODE SECTION 27383 FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,a body corporate and politic of the State of California,hereby GRANTS to the CITY OF SAN BERNARDINO, a municipal corporation,AN EASEMENT FOR STREET C�Sat,Bernardino,PURPOSES tuity of Bernardino,APPURTENANT State FACILIN S.IN.OVER.UND''_AND A ROSS the real property tY of California,described as follows: SEE EXHIBITS"A","Ell","B2"AND"B3"ATTACHED HERETO AND MADE PART HEREOF SAN BERN' • 1 i; COUNTY ' e ' a DISTRICT... e, By: Illf 1 DATE: AUG 2 4 2010 Name: �+ I CHAIRMAN,ROAI?iv(IF D' FCTCRS ACCEPTANCE• ACKNOWLEDGEMENT OF GRANTOR(S): This is to certify that the interest in the real property STATE OFCALI#ORN1A - S.S. convoyed by the within instrument to the City of San C TY OF ,�Q,vr ' Bernardino,California,a municipal corporation,is hereby accepted by order of the City Council, and grantee On 201 7.4,1t, before ,- 1 , / 11: consents to the recordation thereof by its duly pudhorized fin4`� c' _ r Notary Public,personally appeared. ► "`Q officer. CITY OF SAN BERNARDINO who proved to me on the basis of satisfactory evidence to be the person*whose name(e) islue subscribed to the within instrument and acknowledged to me that helalyM*h13' executed the same in hls/barkiwir authorized capacity(i , and that by By _ h j his/haaalnlair signature(+n} an the instrument the person(, or the entity on behalf of City Cler v � /_ a , which the person(e)acted,executed the instrument. R� � I certify under PENALTY OF PERJURY under the laws of the State of � j California the foregoing paragraph is true and correct. 7 Date: - 41— in WI • : my hand and official seal. ignature / 15.02-1540-Campus Parkway r11:8"4616162""""11!-i; Cominlesioeita02141 ";.L=. i Notary Ptak..Wends DEVIL CREEK LEVEE •,r " 6anartNai email PARCEL 40-43 Cow Z7,2013 DOC#2E090/07002 EXHIBIT"A" DESCRIPTIONS CAMPUS PARKWAY COUNTY FLOOD CONTROL DISTRICT TO CITY PARCELS Parcel"A"—Right of Way A parcel of land lying within Section 7,(unsurveyed),Township 1 North,Range 4 West, San Bernardino Base and Meridian,being a portion of the land described as Parcel"A"in deed recorded June 7, 1974,Book 8447,page 1163,Official Records of the County of San Bernardino,State of California,described as follows; Commencing at the centerline of Kendall Drive,distant thereon 1010.23 feet from its intersection with the centerline of Deerfield Street,as said street is delineated on the Map of Tract No. 10647,per map thereof recorded in Book 159 of Maps,pages 39 and 40, records of said County; Thence North 32°09'29"East,a distance of 225.00 feet to a tangent curve,concave southeasterly,having a radius of 1850.00 feet;thence northeasterly,along said curve, through a central angle of 19°42'10",a distance of 636.17 feet;thence North 38°08'22" West,a distance of 55.00 feet to the southeasterly line of that parcel of land conveyed to the San Bernardino County Flood Control District in deed recorded June 7, 1974 in Book 8447 of Official Records,page 1163,records of said County and the True Point of Beginning; thence along said southeasterly line,North 63°03'25"East,a distance of 133.42 feet;thence North 32°09'36"East,a distance of 61.10 feet;thence leaving said southeasterly line, South 53°48'36"West,a distance of 123.67 feet to a tangent curve , concave southeasterly,having a radius of 1905.00 feet,thence along said curve,through a central angle of 01°56'58",a distance of 64.82 feet to the True Point of Beginning. Containing 0.05 acres more or less. Parcel"B" -Right of Way A parcel of land lying within Section 7,(unsurveyed),Township 1 North,Range 4 West, San Bernardino Base and Meridian,being a portion of the land described as Parcel"A"in deed recorded June 7, 1974,Book 8447,page 1163 Official Records of the County of San Bernardino, State of California,described as follows: Commencing at the centerline of Kendall Drive,distant thereon 1010.23 feet from its intersection with the centerline of Deerfield Street,as said street is delineated on the Map of Tract No. 10647,per map thereof recorded in Book 159 of Maps,pages 39 and 40, records of said County; Thence North 32°09'29"East,a distance of 225.00 feet to a tangent curve,concave southeasterly,having a radius of 1850.00 feet;.thence northeasterly,along said curve, through a central angle of 21°39'08",a distance of 699.11 feet;thence North 53°48'36" East,a distance of 1134.63 feet to a tangent curve,concave southeasterly,having a radius DEVIL CREEK LEVEE PARCEL 40.43 DOC!t 2E090/07002 ]ULY21,2009 C.wxIPINPO W-ES+am.m,uP.OZ.r•� 3•ISMS•Cwupwl Pkwy ll WSwsp we,CeimryH./e,Carol•;.ZOW-REV I-I OO.DB CRIPfl°NCAMPUSPA0..(WAV. couNTY?WOO TO CITY PARCELS DOC 000373J11Y!A1.1.101 00011 A1Nl103 •At•At)IHYd Sail ti0LLd1Y3S30.WW1 ATV-w01606Z'i'pone,'netYrle+ftJ q dtmc At 4+*74 tndror3'or,1 m)ciuml-C!)tw,esra-mtltnoaWe3C 3 GOOZ'IZKra ZOOL0/0603z#Dec •ssal 10 WOW SOME 861)2ututeiuo0 Stop'IaDltVa a A 1 Numn 7IA3a 11111111.1123a JO;Unoa 01111,alp of iaaJ t'L'S9;o aauaisip E'ma„ts,LZ000 tpnos 'au!!Apaisea Nes Score a3U tj) !pup pored plus jo puff App;sea at of ia3J 9ti'L 1 130 aattg sfP u'3saM„L$,t'1 089 Minos 0.3u0111!300.1 09'6£JO aourislp ' SaM„Li'itI0£Z ginoS aoUflI1 la*00.0Zj JO aOue3stp g`iS AA.,Lf:.t't089 uutoS aou2113 `'6i'90Z;o a=NT g'isaAI1 ,6 CT Sto IZ 11310N 23uag3 13323 Sc'I91 Jo 23ue32lp a `„tS I£09 i ;o al&ue'ammo a g2ngrtp`anm3 plus 8uole Xpaisumtluou pue L.mpunoq ATaaguou pigs SulAEai a3uatp`.3sam „Dv,9170t1 tiinos smug tpp{n&Jo lutod jgtpy alp'pa;00'095 ;o sntpgt g Sutnug *ne3uo3`aAan3 3112$1183-uou E;o 2uluuf8aq alp o3 3aaj t9•SZ JO a3uelstp g lstta„61,0,4,L9 wog*map !Pa.;LL'98Z30 aoug$stp B'MG,00.91091 g;nos aaUagi!PR;69'891 JO 93ue}sT1)g`i 3„8Z,S50L9 tjlao1l`Xaepunoq 4Iaatpaou pegs Score 3313agl'8uquu48uH3o;u4oa anal atp pug`dluno0 plus jo rapro33 Aluno0 alp 3o aogjo alp ui 4sA4Ams;o sp303321 Jo`66 pug 86 saaud`j Z 3toog of papj dery ute33aa;izti#uo unnotls pug puleauflap se`(ssai Id alom'same off.911)4iadoad•If'UUnyi g •f at l JO Asepunoq Ajaati ou atp of 3333 19.0Z 30 o3ttE161p a'4111100 MST JO 13pro33g pip JO azj;O agi 1118 a8gd`sPaaU JO t'ZL Moog ut papao33a luaucnusui/Cq auo pored sg OUTIVU10g aeS JO£2t0 0q2 of pakanuoo puej;o hoped Imp jo aucl djaa}sea atp Suote 3sam „t c,LZ000 11120ri aou+gl!O8L l 'S•3 iagwnu alt3 se 0371;0 s,ioAaunS Xluno0 Atli ut ai3 uo 6anans aaaatis '3 `0 atP uo paivaugap se(ti aagwnfy iatuo0 la Sutouawwo0 :mollo3 sE paquosap pue`moo was Jo spao3av mow()$9£a22d 1L91,*loos III papioaar 3uau1n3op ut pagta3sap pwq 3 3 uttpInn 8uf•q putt`u u3oJtlg03o a3E3$4Auno0 wpm/NI was 3o spioxtj`£Z 32e4`sduyNI;o L'loos ut papio33a mid iad'agt tdnosriyq ogoueg alp unpins Stttrtl'ue1pualnr putt aseg oulpaetuag ties '3sam b a$u2Zi 'gum. i dtgsunnos'(pai(anmsun)`8 pug L suopoaS;o suopaod asotn, '"m jo WITH—„OH 433atsa ssal zo aaotu sane in Butumno0 ttquunitiag jo;utoa atuy alp 03 333; 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SLNIT tI110 IwOLLvAuuaSra2Id 1,M1N 1MOINi ALA2I11S CONTRACT AGREEMENT AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this b day of cziltv4ok , 20 I L , between the City of San Bernardino(owner and hereinafter"CITY"),and isv-V QqQdNk c.Vvu- (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 FENCING IMPROVEMENTS AT SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY ( SS 08-001 ) in strict conformity with Plans and Special Provisions No. 12827 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, on file in the Office of the City Engineer, Public Works Department, 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. The 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: FENCING IMPROVEMENTS AT SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY(SS 08-001 ) 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 BERNARDINO, NAME OF FIRM: C,I\ cengrrwavo ' BY: 14d a Yl1.G(lll. ANDREA RAVIS-MILLER Acting City Manager BY: C= „v_za la n TITLE: C C'U z ATTEST: MAILING ADDRESS: GEGEANN H A P k / CA 1\71 City Clerk PHONE NO.: (( 2'O 0-177 APPROVED AS TO FORM: ATTEST: MES F. 'E AN, City Attorney Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. BOND NO. 1000826452 BOND PREMIUM: $1,890.00 WHICH IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT BOND EXECUTED IN TRIPLICATE 1! AIA Document A312T"' - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) APW Construction Inc DBA Ace Fence Co U.S.Specialty Insurance Company 625 The City Drive South,Ste. 130,Orange, CA 92868 727 Glendora Avenue, La Puente,CA 91744-4014 This document has important legal consequences.Consultation with an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. City of San Bernardino Any singular reference to 300 North"D"Street,Third Floor,San Bernardino,CA 92418-0001 Contractor,Surety,Owner or other party shall be considered plural where applicable. CONSTRUCTION CONTRACT AIA Document A312-2010 Date combines two separate bonds,a Performance Bond and a Amount: 63,000.00 Payment Bond,into one form. Sixty Three Thousand Dollars and Zero Cents This is not a single combined Description: Performance and Payment Bond. (Name and location) Fencing Improvements at San Bernardino County Flood Control District Right-of-Way Along the Northwest Side of Campus Parkway BOND Date: 09/07/2012 (Not earlier than Construction Contract Date) Amount: 63,000.00 Six Hundred Three Thousand Dollars and Zero Cents Modifications to this Bond: ©None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) P,PW Construction Inc DBA Ace Fence Co U.S.Specialty Insuranc- -omp. y Sigtature. ��� Signature: Name Name Yung T. Mu11ic' Attorney-in-Fac' and Title Cep and Title: (Any additional signatures appear on the last page of this Performanc sond.) (FOR INFORMATION ONLY—Name, address and telephone)OWNER'S REPRESENTATIVE: AGENT or BROKER: (Architect,Engineer or other party.) The Bond Exchange and Insurance Agency 24800 Chrisanta Drive,Suite 160, Mission Viejo, CA 92691 949-461-7000 s of terms erm AIA Document A312T'"—2010.The American Institute of Architects.This document was created on under the Init. AIA Documents-on-DemandT5 order no. ,and is not for resale.This document is licensed by The American Institute of Architects for 061010 one-time use only,and may not be reproduced prior to its completion. §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312T",—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of 2 Init. AIA Documents-on-DemandT^"order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. • §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond maybe instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. AIA Document A312"—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-Demand"'order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 3 one-time use only,and may not be reproduced prior to its completion. 1 §16 Modifications to this bond are as follows: • (Space is prov d below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR PRINCIPAL (Corporate Seal) Company: Corporate Seal) any Signature: gnature: Name and Ti Name and Title: Addr Address: AIA Document A3121'-2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-Demand TM order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 4 one-time use only,and may not be reproduced prior to its completion. ACKNOWLEDGMENT State of California County of Orange ) On September 7, 2012 before me, Jennifer C. Anaya,Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(x) isle; subscribed to the within instrument and acknowledged to me that hem executed the same in his.thecithzir authorized capacity*), and that by his/h x lxux signature(s)on the instrument the person(s), or the entity upon behalf of which the person(z) 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. e�p4 os Virg , NA WITNESS my hand and offi l seal. cd t, s; ® M # 174158 70 / ‘,7,,0 ' NOTARY PUBLIC CALJFORNIA ce. "•, �` -=!* ORANGE COUNTY N p °�,,F 0w:P, V(.0M 9,EXP.MAY 2,2016, Signature ��' /�� (Seal) 4,s,-. 76,-- ry,•y„e°p��°s��ypxxyw�U.i- POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company,a California corporation,United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"),do by these presents make,constitute and appoint: James W.Mollanen,Yung T.Mullick,or Jennifer C.Anaya of Mission Viejo,California its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond *****Three Million***** Dollars $ **3,000,000.00** ). penalty does not exceed ( This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certifige relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond oittindertaking to which it is attached. t i . ` Ci I t e 1 IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 3'd day of October,2011. , ■ AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY liallkt -5 'i 4 440)L. - 4 i t d, Corporat@° eals ." 4 ';ak T s th ` ' . 'v +t. �:y Daniel P.Aguilar`, ice President State of California C1. County of Los Angeles SS: On this Yd'day of October,2011,before me,Deborah Reese,a notary public,personally appeared Daniel P.Aguilar,Vice Prel dent of American Contractors Indemnity Company,United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged tome that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)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. WITNES,S,my hand and official seal. i1 -`"`_` -- ---' �: r/u.f Commisslaa s tai Signature "44 44-. C1S4,- (Seal) - .,-„r . *airy Peale.Wank. ` '1..1 Lai Moths Ct+oaq t' l I ' f rILlQf5 iFI I,Jeannie tee,Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the;above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and?effect; furthermore,the resolutions of the-Boards of Directors,set out in the Power of Attorney are in full force and effect. ➢ In Witness'Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 07TH day of SEPTEMBER , 2012. t Corporate Seals k` '^�. x T ,, )„Ott Bond Noe; 1000826452 t te21Si,1N1 ,ti Jeannie Lee, sistant Secretary Agency No._ 7715 '-* : .. ', i - 2 i i State of California ) CALIFORNIA ALL-PURPOSE _ i County of Los Angeles ) CERTIFICATE OF ACKNOWLEDGMENT x R I R ii On _ 0. /3�)l ,?��� before me, Cristina Melgarejo, Notary Public i (here insert name and title of the officer) 1 I personally appeared America Tang a Y 1 who proved to me on the basis of satisfactory evidence to be the person(30 whose name(X) is/ subscribed to 1 3 the within instrument and acknowledged to me that t N/she/11w executed the same in j1/her/tiir authorized capacityc), and that by kX/her/thiar signature(X) on the instrument the person%), or the entity R upon behalf of which the person%€)acted,executed the instrument. g R Y 1 I certify under PENALTY OF PERJURY under the laws of the E °� CIIISTINA'AMAR A R 1 State of California that the foregoing paragraph is true and correct. - - GOMM. #1850473 z a P 4r �%''s' Notary Public•California o .1 11 I.os Angeles County i WITNESS my hand and,official seal. : 'M Comm.Ex.res M. 23;2013 ,. t 1 Y Y i i Signature �'�/,� R . (Seal) x OPTIONAL INFORMATION I Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this 1 acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. s Description of Attached Document AddtYona,t It f4V4f M, ,w „ 1 gThe preceding Certificate of Ackn wledgment is attached to a docum nt Method of Signer Identification 1 Proved to me on the basis of satisfactory evidences 1 titled/for the purpose of jriee 44 t i '� � LO form(s)of identification 0 credible witness(es) Y a Notarial event is detailed in notary journal on: i gcontaining 7 pages,and dated 9' / Page# Entry# i 8 1 The signer(s)capacity or authority is/are as: Notary contact: ❑ Individual(s) Other 1 ❑ Attorney-in-Fact CEO ❑ Additional Signer(s) El signer(s)Thumbprint(s) ® Corporate Officer(s) Title(s) ❑ g3 ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) � 2 ❑ Other: - ? Y representing:APW Construction dba Ace Fence Co. °s Name(s)of Person(s)or Entity(ies)Signer is Representing • 4 ig ;.n,w.a,rmonr>r,rvw>a3vnw»v,x3ncc3vrorrw>v.n,rvmr.mamvax,n>c,.manvrix3wva,.morrv>v.nrry>ori.von.r>v.rnnv.,,.muri,>ru�w>o3veox»rin3.r>u3.mon»v.x,wx�.man,xutrna,.vox»rui,woo,:morvx>.uv,nxa,maxr>v,xay.oa>>vor»r,nrw�a3,min»vur3rvcaa,monv>r,n,rvw3vnoxv>rur.vxa>vv,xvrrnitr.unr..oxv,r BOND NO. 1000826452 BOND PREMIUM INCLUDED IN PERFORMANCE BOND BOND EXECUTED IN TRIPLICATE ,..f Document A312TM — 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) APW Construction Inc DBA Ace Fence Co U.S.Specialty Insurance Company 727 Glendora Avenue, La Puente,CA 91744-4014 625 The City Drive South,Ste. 130,Orange, CA 92868 This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. City of San Bernardino Any singular reference to 300 North"D"Street,Third Floor,San Bernardino, CA 92418-0001 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount: 63,000.00 Performance Bond and a Sixty Three Thousand Dollars and Zero Cents Payment Bond,into one form. Description: This is not a single combined Performance and Payment Bond. (Name and location) Fencing Improvements at San Bernardino County Flood Control District Right-of-Way Along the Northwest Side of Campus Parkway BOND Date: 09/07/2012 (Not earlier than Construction Contract Date) Amount:63,000.00 Six Hundred Three Thousand Dollars and Zero Cents Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal)/ APW Construction Inc DBA Ace Fence Co U.S.Specialty Insuranc- ompa Signature: _ —s/,,,„,' Signature. Name ta.�('._ Name Yung T. Mullick .rney-in-Fa t and Title: C.E-j and Title: (Any additional signatures appear on the last page of this Payment Bon, (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: The Bond Exchange and Insurance Agency (Architect,Engineer or other parry.) 24800 Chrisanta Drive, Suite 160, Mission Viejo, CA 92691 949-461-7000 Init. A1A Document A312”—2010.The American Institute of Architects.This document was created on under the terms of AIA Documents-on-Demand T'order no. ,and is not for resale.This document is licensed by The American Institute of Architects for 5 one-time use only,and may not be reproduced prior to its completion. 061010 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnities and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312T"—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-Demand TPA order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 6 one-time use only,and may not be reproduced prior to its completion. §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312T" —2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of AIA Documents-on-Demand'order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 7 one-time use only,and may not be reproduced prior to its completion. • §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, of than those appearing on the cover page.) CONTRAC OR AS PRINCIPAL SURETY Company: orate Seal) Company: (Corporate Seal) Signature: Signa Name and Tit N e and Title: Addres • Address: AIA Document A312TM—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-Demand T""order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 8 one-time use only,and may not be reproduced prior to its completion. ACKNOWLEDGMENT State of California County of Orange On September 7, 2012 before me, Jennifer C. Anaya,Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick who proved to me on the basis of satisfactory evidence to be the person(x)whose name(z) 'shim subscribed to the within instrument and acknowledged to me that he/*thq executed the same in hishbet-kozir authorized capacityO, and that by his/butts=signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. 011";. N FS WITNESS my hand and off/ al seal. )m COMM. # 14158 Z X w � COUNTY Signature (Seal) COW EXP.MAY 2,2015.- N 4.14 • t. POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company,a California corporation,United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, 'a Texas corporation (collectively, the "Companies"),do by these presents make,constitute and appoint: James W.Moilanen,Yung T.Mullick,or Jennifer C.Anaya of Mission Viejo,California its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings the or other instruments or contracts of suretyship to include riders, amendments, and consents of slars$providing 00 00*nd penalty does not exceed *****Three Million***** This Power of Attorney shall expire without further action on March 18, 2015. This power of Attorney is granted under and by authority cif the following resolutions adopted by the Boards of Directors of the Companies:; , ,1', Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,;and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. w Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificlate relating thereto by fapsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or`tlndertaking to which it is attached. of #I ;I ■ IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 3`d day of October,2011. .'1 AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY t,. . „WON 4.CorporateSeals v`� ;. �4 �, ; T is ri. c cam [ By » --- N;' ' " ', .i�. Daniel P.Aguilar``,Vice President State of Cdlifornia .y: i�71 County of Los Angeles SS: t" On this 3rd day of October,2011,before me,Deborah Reese,a notary public,personally appeared Daniel P.Aguilar,Vice President of kr American ontractors Indemnity Company,United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged tol,me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which theiperson(s)acted,executed the instrument. . t_,g I certify udder PENALTY OF PERJURY under the laws of the State of California that,fhe foregoing paragraph is true andkeorrect. WITNE4 my hand and official seal. A- I, • _ "`k 4 + 'r� s 1tJl S A— (Seal) ; `.. - Signature .p l ✓ to moOn Wolf to Oak Matta Ots )11 I,Jeannie,Lee, Assistant Secretary of American Contractors Indemnity Company,United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and corrects copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the-Boards of Directors, set out in the Power of Attorney in full force and effect. F, `d In Witness'Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 07TH day 'T. of SEPTEMBER , 2012, ,A ; ,,jT Corporate eals 4r �' � 3C.,tt,� `'. ,, 1 Jeannie J;,ee; ssistant Secretary t,, Bond No^,� 1000826452 MAWS WS 4 . Agency isigl. 7715 • Er�`� .t . ,..2 i State of California ) CALIFORNIA ALL-PURPOSE County of Los Angeles ) CERTIFICATE OF ACKNOWLEDGMENT R 1 � � ', /,y2 Cristina Melgarejo, Notary Public x On _ before me, � (here insert name and title of the officer) R Y i personally appeared America Tang ` 1 Y x who proved to me on the basis of satisfactory evidence to be the person(t whose name(x)is/am.subscribed to the within instrument and acknowledged to me that 1tg/she/t xy executed the same in iM6/her/tn#ir _ I authorized capacity()Es.), and that by �t/her/t Ir signature on the instrument the person%), or the entity 1 upon behalf of which the person%)acted,executed the instrument. 4 R I certify under PENALTY OF PERJURY under the laws of the - „t + CRISTINA MELGAREJO R State of California that the foregoing paragraph is true and correct. ¢ �.$ COMM. #1850473 z ti Notar P4bliF.Californis A 1 .2 a z -,t Los Angeles County ! , WITNESS my hand a official seal. • . My Comm" FxpirPs May 21'20131 X. E �s�!� P 4 Signature f✓f, � (Seal) x i i OPTIONAL INFORMATION f I Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this R acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. i, i 8 Description of Attached Document 3 l;LCldrt�ona� Fr'rformatra,,�n; ,y•vY�E; t. Method of Si ner Identification g The preceding Certificate of Ack wledgment is attached to a document 9 3 q titled/for the purpose of f��� ���j�-u///// Proved to me on the basis of satisfactory evidence: L O form(s)of identification C)credible witness(es) ' Notarial event is detailed in notary journal on: g containing �i 9 pages,and dated 17—/.Z Page# Entry# • i 1 The signer(s)capacity or authority is/are as: Notary contact: Y , El Individual Other Individual(s) s 1 ❑ Attorney-in-Fact ❑ Additional Signers) ❑ Signer(s)Thumbprints) ® Corporate Officer(s) CEO a CI 4 g Title(s) I i - ❑ Guardian/Conservator a s g. ❑ Partner-Limited/General x ❑ Trustee(s) a ❑ Other: i E representing:APW Construction dba Ace Fence Co. R Name(s)of Person(s)or Entity(ies)Signer is Representing s s "s E ., >., . r,..0,,�.n>«., a,,.,oM.,3�3 0.>..,,3w a,,.o..,,, 3 ,,,»w�3,.oN„..,,3,a, a. ,.,., ,MO,,,,.,,,.o,,,a,. ,.,�3.MO.,.,,,>.�;U,o,.,x,.,a,,..o,.., N a3�,,.,<u,,.,�, ,.., I. • UP ID:JK • (MM/DDIYYYY) ''"" CERTIFICATE OF LIABILITY INSURANCE DATE 09/06/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 949-553-9800 NAME: The Wooditch Company Insurance 949-553-0670 PHON a,mot): FAX Na): Services,Inc. E-MAIL 1 Park Plaza,Suite 400 ADDRESS: Irvine,CA 92614 PRODUCER ACEFE-1 Jamie Younger CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE _ NAIC It INSURED APW Construction,Inc. INSURER A:Ins.Co.of the State of PA dba Ace Fence Company INSURER B:Granite State Insurance Co. 23809 727 N.Glendora Ave. INSURER C:National Union Fire Ins.Co. 19445 La Puente,CA 91744 INSURER D: - INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR ADDL SUBRI POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X GL 6988428 02/09/12 02/09/13 pAR LATE a OhiccTuErpre nte) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X 'R1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO CA 1707474 02/09/12 02/09/13 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS ■ PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS I$ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY �,I N I X TORY LIMITS ER C ANY PROPRIETOR/PARTNER/EXECUTIVE WC 021417651 12/31/11 i 12/31/12 E .EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E .DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) *Except 10 Days Notice of Cancellation for Non-Payment of Premium. RE:Ace Job#10038BWP;Plan&Special Provisions#12827;San Bernardino County Flood Control District Right-Of-Way along the Northwest Side of Campus Parkway(SS 08-001).City of San Bernardino Department of Public Works is named as Additional Insured as resaects..*SEE NOTES*... alai CERTIFICATE HOLDER CANCELLATION SANBER3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Bernardino Dept.of Public Works AUTHORIZED REPRESENTATIVE 300 North"D"St.,3rd Floor San Bernardino,CA 92418-0001 Oil$*■Or----"- i ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD ACEFE-1 PAGE 2 NOTEPAD INSURED'S NAME APW Construction,Inc. OP ID:JR DATE 09/06/12 *Should this policy be cancelled before the expiration date The Wooditch Company will malt 30(thirty)days written notice to those Certificate Holders which require such action per contract or agreement.* �HOLDER CODE SANBER3 � ACEFE-1 - PACE 3 NOTEPAD: INSURED'SNAME APW Construction,Inc. OP ID:JR DATE 09/06/12 ...General Liability per attached endorsement. POLICY NUMBER: GL 6988428 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where required by written contract Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to designated and described in the schedule of this include as an additional insured the person(s) or endorsement performed for that additional insured organization(s) shown in the Schedule, but only and included in the "products-completed operations with respect to Ilablilty tor "bodily injury" or hazard." "property damage" caused, in whole or in part, by "your work" at the location CG 20 37 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 ❑ • POLICY NUMBER: GL 6988428 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to surveying services, including: include as an additional insured any person or a. The preparing, approving, or failing to organization for whom you are performing prepare or approve, maps, shop draw- operations when you and such person or ings, opinions, reports, surveys, field organization have agreed in writing in a contract orders, change orders or drawings and or agreement that such person or organization specifications; or be added as an additional insured on your policy. Such person or organization is an b. Supervi3ory, in3pcction, orchitccturol or additional insured only with respect to liability engineering activities. for "bodily injury", "property damage" or 2. "Bodily injury" or "property damage" occur- "personal and advertising injury" caused, in ring after: whole or in part, by: a. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with 2. The acts or omissions of those acting on such work, on the project (other than your behalf; service, maintenance or repairs) to be per in the performance of your ongoing operations formed by or on behalf of the additional P Y 9 9 insured(s) at the location of the covered for the additional insured. operations has been completed; or A person's or organization•s status as an b. That portion of "your work" out of which additional insured under this endorsement ends the injury or damage arises has been put when your operations for that additional insured to its intended use by any person or are completed. organization other than another con- B. With respect to the insurance afforded to these tractor or subcontractor engaged in per- additional insureds, the following additional forming operations for a principal as a exclusions apply: part of the same project. This Insurance Does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering nf, or the failure to render, any professional architectural, engineering or CG 20 33 07 04 1 0 ISO Properties, Inc.,2004 Page 1 of 1 ❑