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HomeMy WebLinkAbout08.E- Public Works 8.E RESOLUTION (ID # 1933) DOC ID: 1933 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Jim Smith M/CC Meeting Date: 08/20/2012 Prepared by: Michael Grubbs, (909) 384- 5140 Dept: Public Works Ward(s): 5 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to APW Construction, Inc. for Fencing Improvements on San Bernardino County Flood Control District Right-Of-Way Along the Northwest Side of Campus Parkway (SS08-001), Per Plan No. 12827. (At Meeting of August 6, 2012, Item Continued to August 20, 2012.) Financial Impact: Account Budgeted Amount: $158,972 Account No. 126-160-5504-7874-0025 Account Description: Campus Pkwy Fencing and PCC Pavement Installation Balance as o£ 06/28/2012 $147,914 Balance after approval of this item: $75,144 Please note this balance does not indicate available funding. It does not include non-encumbered reccurring expenses or expenses incurred, but not yet processed. Motion: Deem the bid submitted by Econo Fencing, Inc. non-responsive; and adopt the Resolution. Synopsis of Previous Council Action: 07-05-11 The Mayor and Common Council adopted the FY 2011/12 - 2015/16 Capital Improvement Program (5-Year CIP). Back round On July 5, 2011, the Mayor and Common Council approved the FY 2011/12 - 2015/16 Capital Improvement Program (CIP). Included in the Program was Project SS08-001 "Campus Pkwy Fencing and PCC Pavement Installation"with a total budget of$158,972. Construction of Campus Parkway between Kendall Drive and Northpark Boulevard was completed by Matich Corporation in late 2006. The permit from the San Bernardino County Flood Control District for work in its right-of-way' called for security fencing along the northwesterly side of Campus Parkway adjacent to the District's Devil Canyon Diversion Channel right-of-way. The fencing could not be incorporated in Matich's contract because of uncertainty as to the final location of the right-of-way line due to a pending land swap, which was being negotiated with the District at that time. Since the need for the security fencing resulted from the construction of Campus Parkway, installation of the permanent flood control fencing is the responsibility of the City. Temporary security fencing was installed by University Park, LLC as part of its tract development in that area. The temporary fencing has been in place for approximately five years and University Park, Updated: 8/8/2012 by Linda Sutherland B I Packet Pg. 432 8.E 1933 LLC has been paying rental fees on the fence. They are anxious to have the temporary fencing replaced with permanent fencing. University Park, LLC will continue to maintain temporary security fencing around the property on the northwesterly side of Campus Parkway, sometimes referred to as the "Artist Colony," which they propose to develop in the future. A decorative wall or fence will eventually be installed by the developer to replace the temporary fencing in that area. The work involved in this project consists of installing 2,575 linear feet of permanent chain link fencing, one double drive chain-link gate, and the relocation of one existing chain-link gate. Additionally, future work will be needed within the channel to satisfy the District's permit requirements. This work includes replacing the existing asphalt concrete pavement at the Northpark Boulevard/Devil Diversion dip with reinforced concrete pavement, paving the slopes adjacent to the road at the dip, using grouted rip-rap and paving an access road for all weather access to the levee. These additional items are being designed to meet District approval and will be installed under a separate contract. A notice inviting bids for the fencing work was advertised in the San Bernardino County Sun Newspaper and on the City of San Bernardino's website. Copies of the bid documents were also sent to the San Bernardino Chamber of Commerce and the following plan rooms: F.W. Dodge Company; High Desert Plan Room; Construction Bidboard, Inc.; San Diego Daily Transcript; Bid America Electronic; AGC Plan Room; San Diego iSgFt Plan room; Reed Construction Data; Construction Bid Source; and Bid Ocean Inc. �^ Sealed bids were received on June 26, 2012, and publicly read aloud. Following standard v practices, the City engineers developed a project cost estimate ranging from $40,000 to $55,000. Bids were received from three fums. In comparing estimated project costs with the actual bid amounts received,bid amounts came in higher than anticipated. List below are the bids: Name of Bidder City Amount of Bid APW Construction,Inc. La Puente $63,000.00 Alcom Fencing Riverside $72,879.50 Econo Fencing,Inc. Riverside Non-responsive After a complete review of the three competitive bids and verification of mathematical calculations and certifications, staff has determined that APW Construction, Inc., of La Puente is the apparent lowest bidder and has met the minimum requirements of the specifications and bid guidelines. The bid submitted by Econo Fencing, Inc., should be deemed non-responsive because of errors the firm committed in its bid submitted to the City. On Item 5, Econo Fencing, Inc., wrote the total cost instead of the unit cost in words. According to the bid instructions, the unit prices are to be written in words. The bid instructions further state that "In the case of discrepancy in the Bid Amounts, "UNIT" costs shall govern over extended amounts, and "WORDS" shall govern over "UNIT" figures." This statement was emphasized in the original bid instructions. With this correction, the bid submitted by Econo Fencing, Inc., became the third lowest among the three bids submitted. Updated: 8/8/2012 by Linda Sutherland B 1933 Based on the above information, staff recommends that the Mayor and Common Council deem the bid submitted by Econo Fencing, Inc. non-responsive and that the Contract be awarded to APW Construction, Inc., in the amount of$63,000. The estimated project costs are as follows: Total Cost Amount of Bid $ 63,000.00 Contingencies at 10% $ 6,300.00 Subtotal Construction Cost $ 69,300.00 Construction Management& Inspection at 5% $ 3,470.00 Total Estimated Construction Cost $ 72,770.00 If approved, this project is expected to begin construction in early September 2012 and will be completed by mid-October 2012. City Attorney Review: Supporting Documents: Vicinity Map Campus Parkway Fencing (PDF) Resolution (PDF) Summary of Bids (PDF) Plans & Special Provisions No 12827 1 of 2 (PDF) Plans & Special Provisions No 12827 2 of 2 (PDF) Updated: 8/8/2012 by Linda Sutherland B 8:E.a 0 0 ao 0 y N o� c U C LL PROJECT 00 gq S CL 1 TE °Z irp E 0 U CAL STATE UNIVERSITY 0 SAN BERNARDINO r 15 Q" q PARK 9 c0 1 5 zQ a J Cl) LL frFN O VICINITY MAP 9� NOT TO SCALE ` 3 Y a Ul a E R U a A 2 >, FENCING IMPROVEMENTS ON SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE C d NORTHWESTERLY SIDE OF CAMPUS PARKWAY (SS08-001) E r PER PLAN NO. 12827 a Packet 435 '+ ME 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO A P W CONSTRUCTION, 3 INC. FOR FENCING IMPROVEMENTS ON SAN BERNARDINO COUNTY FLOOD 4 CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY (SS08-001)PER PLAN NO. 12827. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 4 Go 7 SECTION 1. A P W Construction, Inc., 727 N. Glendora Avenue, La Puente, CA y 0 8 91744 is the lowest responsible bidder for Fencing Improvements on San Bernardino County d 9 LL 10 Flood Control District Right-of-Way along the northwest side of Campus Parkway (SS08- a 11 001)per Plan No. 12827. A contract is awarded accordingly to said bidder in a total amount of a 12 $63,000.00, with a contingency amount of$6,300.00, but such contract shall be effective only ci w 13 upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The 14 City Manager is hereby authorized and directed to execute said contract on behalf of the City; U 15 0 a copy of the contract is on file in the office of the City Clerk and incorporated herein by 16 ; 17 reference as fully as though set forth at length. a CD•• M M 18 SECTION 2. This contract and any amendment or modifications thereto shall not c 19 take effect or become operative until fully signed and executed by the parties and no party 5 6 20 shall be obligated hereunder until the time of such full execution. No oral agreements, 21 amendments, modifications or waivers are intended or authorized and shall not be implied E 22 s 23 from any act or course of conduct of any party. a 24 SECTION 3. The authorization to execute the contract is rescinded if the parties to 25 the contract fail to execute it within sixty(60) days of passage of this resolution. 26 27 28 Packet Pg.436 8.E.b 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO A P W CONSTRUCTION, 2 INC. FOR FENCING IMPROVEMENTS ON SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF 3 CAMPUS PARKWAY (SS08-001) PER PLAN NO. 12827. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting 7 r°n thereof, held on the_day of 2012, by the following vote, to wit: o, 8 .0 9 Council Members: AYES NAYS ABSTAIN ABSENT LL 10 MARQUEZ a 11 JENKINS a E 12 VALDIVIA c 13 14 SHORETT 0 15 KELLEY 0 v 16 JOHNSON m 3 17 a MCCAMMACK M Cl) 18 .- 19 0 Y 20 Georgeann Hanna, City Clerk o w d 21 The foregoing resolution is hereby approved this day of 2012. d 22 E t R 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 Approved as to form: JAMES F. PENMAN, 26 City Atto ney 27 By: �. 28 Packei Pg.°437 ` 8.E.c C N o N N z V 1 ° r N .-� o r � 7 C n 1 �] H ^ O DD � 1 r th wo� c O O rJ a H o 17 z ' ov o O � z � � > o y a o A a o m A .� z F Q ^ m Vo. as w � o = LL w W z v a o aQ op O A w c7 z z � z Q va W —L A x (4: N wra zF" o m s o E au) � � r � 000 ` � o u E ri za0 Vw ° 4 z@ " aw z � o ca two � x z z b " 0 G� t N Q w pa Q c7 o r w • zz z O '9" U U U O J ] C tW7 O — O O v. VD a z r a u e oo c ° U Packet Pg. 438 s. , agm ; mm ; q o Ra@GG@EE Lo § ! ` [_ § »° ~ k % 2C) (L) SMga § @@@ CL � § [ � § ( � ` \ � \ \k / § ( ( § ` § ( § /o 0 L6 \ kk ) k \ \ \ co 22 _ ! < ww4w < ww , § § k ■ w ()§ ` O § /$ m ; ; ; � _ / � k b)2 u # # #) � K - ` - C a ( 222 - ! m ! ° m - ! ! ! ® ® ° 2 3 z C4 §( , | §\ - ` Q _ _ ] � k qLL ) me � go � 0 a ■ om zt 2 0 2 LLj } 2 2 2 LL § $ m _§ — 2X ■ § / S \ ; 2 ® / ! ) ! § 22 \! k e \ 2k o } k / ! : ! ; ; a 3 « � k 2 \\ \ � \ \ /\ § � � _ A #§ g : _ - § [ (§ \ ( ) 7 %] § ( ) § _ J 2% - - � a E zbz :r E 2 | \ / Ll m| § § § ( \ , / § o5o T | 0 § § 2 § \ 0 0-a ) \ �) 2 \ () w 2 C.)Z w 2 - I� aCL 10 ] § ( ( ) \ � 0wm / 02 2Z 0otaW , | o � m ! e_ a! , � , ' '1 '1 ' ' ee; � 2 , � � � � � . \ : /'UPS . 11VK5 . IN5t'e s.e.a FILE N0. 1. ACCT N0. 126-160-5504-7874-0025 r 0 0 CITY OF SAN BERNARDINO o STATE OF CALIFORNIA U C d LL BID AND CONTRACT DOCUMENTS a N PLANS AND SPECIAL PROVISIONS NO. 12827 CL FOR 0 w Y FENCING EMPROVEMENTS AT 0 SAN BERNARDINO COUNTY c FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY a ( SS 08-001 ) M M T N 0 O r ti N co N 0 di spa ��a Z �l 616 a c O .y {� Exp 3/31/13 4 C 0 .�r �a�r a 9 c� v V CA%-1 u N O. u! DEPARTMENT OF PUBLIC WORKS o CITY OF SAN BERNARDINO a c m APRIL 2012 E v BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON JUNE 26 2012 I /—, 'Packet Pg.440 r s.e.a DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS 0 O co The "Bid and Contract Documents" for this project consists of three (3)Parts as follows: -, PART I — Administration r I U- PART II — Special Provisions Y a w C CL The above two (2) parts are bound together in one (1) manual titled "Bid and Contract M Documents" c U PART III — PLANS, One (1) separately bound set O U DRAWING N0. 12827 - SHEETS 1 - 3 c o . L 3 M \\ M N w O r r N N N T O Z C 0 .y .5 O L EL ; m CL N otl N C e c6 a d E v M ¢ I 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 B.E.d TABLE OF CONTENTS PART I o ADMINISTRATION 0 U) NOTICE INVITING SEALED BIDS A-1 U C BID DOCUMENTS LL T 3 BID FORM B-1 a BID SCHEDULE B-2 BIDDER'S INFORMATION AND SIGNATURE E & BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-1 m SPECIAL NOTICE C-2 0 DESIGNATION OF SUBCONTRACTORS C-3 WORKERS' COMPENSATION INSURANCE CERTIFICATION C4 NON-COLLUSION AFFIDAVIT C-5 c FORM OF BID BOND C-6 w MBE/WBE INFORMATION - GOOD FAITH EFFORTS L REFERENCES 3 a M �-- PART H SPECIAL PROVISIONS N w 0 INSTRUCTIONS TO BIDDERS N Co N SECTION 1 - SPECIFICATIONS AND PLANS SP-1 0 SECTION 2 - BID REQUIREMENTS AND CONDITIONS SP-5 z SECTION 3 - AWARD AND EXECUTION OF CONTRACT SP-11 r 0 0 SECTION 4 - CONSTRUCTION DOCUMENTATION,COMMENCEMENT OF WORK TIME OF COMPLETION&LIQUIDATED DAMAGES SP-13 0 SECTION 5 - LEGAL REQUIREMENTS SP-15 a SECTION 6 - GENERAL SP-22 SECTION 7 - UTILITIES SP-33 C SECTION 8 - DESCRIPTION OF WORK SP-38 SECTION 9 - TRAFFIC CONTROL SP-42 SECTION 10 - MOBILIZATION SP-46 a 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 a E SECTION 50 - REMOVAL&RESTORATION OF EXISTING IMPROVEMENTS �•• EXCEPT STREET PAVEMENT SP-53 Packet Pg.442 APPENDIX STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION r 0 0 PUBLIC WORKS STANDARD DRAWINGS PERMITS,DEED AND EASEMENTS BETWEEN CfTY OF SAN BERNARDINO S AND SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT d u- PROJECT LOCATION SURVEY DOCUMENTS x a a C CL CONTRACT AGREEMENT e U O r.. U R C O U w O R 3 M T N w O r r N Co N V O Z N C O .y O a R U N 6 U) otS N C A a c I 4) E r v m V ¢ Packet Pg. 443 8.Etd 0 0 ao o Co Co Cm PART I C CD U. T 3 Y ADMINISTRATION CL m U L 0 w U cc L Y C U w O m L 3 Q M M T r N 0 O r r N aD N r O 2 N C O O L a R U N 6 N C C R IL Y_ Cd C U R Y_ Q Packet.Pg.444 Engineer's Estimate(Range Only): $40,000 to$55,000 NOTICE INVITING SEALED BIDS r 0 O CITY OF SAN BERNARDINO Owner m c c NOTICE IS HEREBY GIVEN that the City of San Bernardino (CITY) will receive bids for: LL T 3 Y FENCING IMPROVEMENTS y AT 0 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY g ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY ( SS 08-001 ) 0 U in accordance with Special Provision No. 12827 in file in the Office of the City Engineer, Third o v Floor, San Bernardino City Hall. 3 a Plans and Specifications may be obtained from the City Engineer's Office, Third floor, City Hall, M 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 N 0 for an additional charge of$10.00 per set. n N co 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 z0 and fax number for inclusion on the CITY's List of Plan Holders. It shall be the responsibility of c those receiving electronic versions of the Plans and Special Provisions to provide the above listed Mn information and confirmation of receipt of any issued addendum to the City Engineer's Office a a minimum of one (1) business day prior to the scheduled day of the Bid Opening. Only those E listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued a addendum shall be eligible to submit bids for this project. N C Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San a 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 e r u a Said bids will be received up to the hour of 2:00 p.m., on, Tuesday, June 26, 2012, at which a 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 Packet Pg.445 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. 0 The Contractor shall possess a Class "A" License or Appropriate Specialty License(s) at the o time the contract is awarded. The prime Contractor shall perform, with his own organization, U) 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 LL T bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the Y bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the y contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the E 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. w 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. c U w All bonds furnished pursuant to this notice must be underwritten by a surety company having a i5 rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety 3 who is listed in the latest version of U. S. Department of Treasury Circular 570 and is authorized a 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. c The Contractor may substitute securities for any monies withheld by the Agency to ensure CO performance under the contract as provided for in Section 10263 and Section 22300 of the c California Public Contract Code. Z N C O A Non-mandatory Pre-Bid Meeting will be held on Tuesday , June 12, 2012, at 2:00 p.m., o in the office of the City Engineer, Public Works Department, Third Floor, City Hall, 300 North a` "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, y and to make the prime Contractor aware of the CITY's outreach program as it relates to minority a 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 a is not required. Attendance and/or certification may be used as part of the good faith effort. d E r 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 A-2 Packet Pg.446 8.E.d 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.dotcagov/hq/bep/. 0 O Pursuant to law, the Mayor and the Common Council of the City of San Bernardino, by o Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and vi 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 LL and overtime work for each craft or type work of workman needed in the execution of contracts L under jurisdiction of said Mayor and Common Council. a 7J a Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The E 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/dirdatahases.himl. 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 o California Department of Industrial Relations are also referenced and made a part thereof. 3 It shall be mandatory upon the Contractor to whom the contract is awarded and upon any sub- M Cn 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 N 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. N 0 z This project is subject to requirements for the employment of apprentices registered with the c California Department of Industrial Relations, Division of Apprenticeship Standards. Additional information can be obtained at http://www.dir.ca.gov/DAS/PublicWorksForms.htm. 0 This project is subject to the requirements in of the "Special Provisions", Standard Provisions" o and "General Provisions" stated in the San Bernardino County Flood Control District Permit co No. P-22004058 and all its amendments. Copies of these documents are in the APPENDIX of the Special Provisions for this project. a The City of San Bernardino reserves the right to waive any informalities or inconsequential r deviations from contract specifications, or to reject any and all bids. a 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 Packet Pg.>"7 s.e.a Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City of San Bernardino 0 City Engineer's Office o Public Works Department U) 300 North"D" Street, Third Floor San Bernardino, CA 92418-0001 LL SUBJECT: FENCING IMPROVEMENTS Y SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ti ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY(SS 08-001 ) 'o E U Attention: Mirela Grigorescu g Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: grigorescu_mi @sbcity.org 0 U Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions o 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. a M Written responses will only be provided to written questions. No written response will be provided to verbal questions. N 0 r CITY OF SAN BERNARDINO N Z G RGEA NNA c City Clerk N 0 a R .0 d O N NOTICE TO ADVERTISE: as a c SPECIFICATION NO. 12827 cc a. SHALL APPEAR IN FIRST ISSUE NOT LATER THAN c d DATE 05/29/12 & 06/04/12 E r (FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION) m Q SIGNATURE DATE A-4 Packet Pd.-i4.0 8.E.d 0 0 Co 0 y N c BID DOCUMENTS LL T Y a y CL E m U L O V m m L V C O U 0 L . m 3 ® M M N 0 O 1 r N Co N r O Z 0 c O N .j O L a m CL N otf N C i m ' a c d E 0 m m Y y . 1 ¢ t Packet Pg.449 BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO o 0 00 0 U) y The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor, materials, transportation and service for the LL 3 Y FENCING IMPROVEMENTS 3 AT C SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY ( SS 08-001 ) 0 U w 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 3 for Public Works Construction, latest edition in effect on the first day of the advertised "Notice a 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 c its amendments to be found in the APPENDIX of these Special Provisions. N W The undersigned proposes and agrees if this bid is accepted, that he will contract with the c City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all N necessary machinery, tools, apparatus and other means of maintenance, and to do all the work o and furnish all the materials specified in the contract, in the manner and time therein prescribed, .o and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: a d Q y Ca a c m a. c d E r A B-1 Ps eVP9.450 8.E.d BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12827 FENCING IMPROVEMENTS SAN BERNARDINO COUNTY o FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY(SS 08-001) U) m ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL '� NO. QUANTITY UNIT AND UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES d u- 1. 1 LS MOBILIZATION, at the Lump Sum nce of pp a n Tk�� TV)C RUNDY�'0 U) UIabT�/ Dollars 2Zg5 ©6 E & -- Cents LS $ U L O w 2. 1 LS NPDES REQUIREMENTS for SWPPP, per (S) SECTION 6-1.03, at the Lump Sum price of a 1NI2Ei< CNc�US'AAIt� 11i E o Dollars U & Cents LS $ 3,�6ti CC) 6 a L 3 3. 1 LS TRAFFIC CONTROL,at the Lump Sum price Q of r� 'EAUiz ! tLCALw C'U1L rn W11-4DIz�J Dollars & Cents LS $�_ N 0 4. 1 LS CLEARING and GRUBBING, N m UNCLASSIFIED EXCAVATION and N UNCLASSIFIED FILL,at the Lump Sum price O of TI11 ) 6 2htCdf J� Z > (Gt( ( F I t(PI)K-" Dollars c & Cents LS. $ a 0 L 5. 2,575 LF CHAIN LINK FENCE, 6'H, per SBCFCD. o m Detail on Sheet 2 and Sheet 3 of PLAN,at a - b — Dollars rn & Cents pert JT. $ ! D/LF $ 3 (P55, oo Ga ea c m a 6. 1 FA DOUBLE DRIVE CHAIN LINK GATE, 20' W, per SBCFCD.Detail on Sheet 3 of PLAN,at -'-U-)C T40u!�kxtp E `FH Ru&— H L40J7KkO Dollars L"o e & -- Cents per EACH $2 3 010 80!EA $ 73 a B-2 BID SCHEDULE PLANS & SPECIAL PROVISIONS NO. 12827 FENCING IMPROVEMENTS SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY o ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY(S5 08-001 ) o U) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL W NO. QUANTITY UNIT AND UNIT PRICE WRITTEN IN WORDS IN FIGURES IN FIGURES LLc m 7. 1 LS RELOCATE Existing CHAIN LINK GATE, 3 at C11�T14£USa1rl✓� Y Dollars a & Cents per EACH LS $ /,(I 010 ' (yu w a E A S. I LS SURVEYING SERVICE, per SECTION 6-1.10 U at the Lump Sum price of Dollars & Cents LS $ �LC C_ o U w 0 TOTAL BID $ a BID NOTES: `l Cl) a) 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 04 0 "WORDS"shall govern over"UNIT" figures. N N Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, 00 implements, taxes and supplies necessary to complete the project, as based on the City Engineer's estimate of z quantities of work. c The total price must be extended for each item of work and the total of all items inserted in the space provided. y Bidders shall complete and submit entire BID DOCUMENTS section as their bid to the CITY. Failure to 0 do so will result in the bid being non-responsive. n. i Any situation not specifically provided for will be determined in the discretion of the City of San Bernardino c (CITY), and that discretion will be exercised in the manner deemed by the CITY to best protect the public w interest in the prompt and economical completion of the work. The decision of the CITY respecting the amount °e a of a bid,or the existence or treatment of an irregularity in a bid, shall be final. m a BIDDER declares that this Bid is based upon careful examination of the work site,Bid and Contract Documents. m 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 Y are bid items as described in Part Il of these Special Provisions. Q 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°/x)of the work as specified in Section 2-3.2, "Additional Responsibility,"of the Standard Specifications. B-3 Packet Pg.452 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.. 0 The undersigned further agrees that in case of default in executing the contract, or furnishing necessary m bonds, all within the specified time,the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to y the City of San Bernardino as liquidated damages. m c Licensed in accordance with an act providing for the registration of Contractor, LL LICENSE EXPIRA'nPN I FEDERAL TAX ID NO.: -6O 61 CLASSIFICATION(S): Aot l� DATE: 11-111 LLI CL w FIRM NAME: 1W E BUSINESS ADDRESS: I2_ Uenk /, Aye ' l I'l X1'1 BUSINESS PHONE: FAX: J '2'� Zi CELL: v 0 If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners 'E composing the firm. If a corporation, give the names of the president,secretary, treasurer and manager thereof: C i2 n R T1 W Is Bidder currently a certified DBE? Yes a No ❑ Cl) Legal Status of Firm N NAME(S) ADDRESS(ES) o �r7Er2 -(A VKr-It7TMT� 00 N OO �It�lc�iau� (s��aE ,2y) o z U) 0 .N 0 SIGNATURE OF BIDDER: C Dated: 25 ,20_L2_ a 2 d CL V) 06 BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS: a ADDENDUM NO.1 DATE: E ADDENDUM NO.2 DATE: «u'� ADDENDUM NO.3 DATE: ADDENDUM NO.4 DATE: C-1 Packet Pg.453 SPECIAL NOTICE ****************************************************************** The bidder's attention is directed to the section entitled, "Required Listing of Proposed o Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed 09 subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for N signal and lighting work as in the past, all subcontractors are now to be listed in the Designation o' of Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one- .0 half of one percent of the total bid or $10,000.00, whichever is greater. LL Y a In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a 0 notice of the claim must be submitted to the Office of the City Engineer in writing within 2 C working days after the time of the bid opening and send copies of the notice to the subcontractors U involved. U A i The bidder shall provide the actual dollar "Sub-Contract Amount" as submitted by each o listed sub-contractor, keeping in mind that the prime contractor for this project is required to w provide or perform, with his own organization, contract work amounting to at least 50% of the 20 total contract bid price. Material required for any of the contract work of this project that is 3 purchased directly by the prime contractor is considered as included in the prime contractor's a 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 N not be included in the dollar amount listed for said sub-contractor. o n N co N r O Z W a O O IL m 'v d a 0a N C a. c d E r v m C-2 Packs#Pg:454 BIDDER'S FIRM NAME DESIGNATION OF SUB- CONTRACTORS PLANS & SPECIAL PROVISIONS NO. 12827 0 In compliance with the provisions of Section 4100-4114 of the Public Contract Code of the State of California and any T CO amendments thereof, each bidder shall set forth the name and location of each subcontractor who will perform work or N labor or render service to the Contractor. y c Name&Address Agency&No. of Contractor's License# and Under Which MBE/WBE CERT. Sub-Contractor's Sub-Contract Work to Be Performed U. Licensed&License# (If Applicable) Phone-No. Amount (Including Bid Item No. Y a 1. 2Dw ati1 tn,ulz , 1.3 53clo L 0. Tt_�Fr -4 M L 0 U R L V_ 2. $ U 0 O a L A 3 3. M $ rn N 0 O r n N 4. `j $ 0 z N 0 O .y O L 5. 0- m a N ca a c 6. o $ c m E t v m M W ¢ IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK C-3 Packet Pg.455 8.E.d WORKERS' COMPENSATION INSURANCE CERTIFICATION 0 O 0 U) 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 U. with provisions of that code, and I will comply with such provisions before commencing the a N 7 d performance of the work of this contract. L 0 w v a L C Contractor: ci w NAME OF FIRM: AV a a BY: TITLE: GC'(? Gf DATE: hI25 /19-- N N r O Z w c 0 .y O L CL m 0 d a y ad N C R CL c CD E L O A Q C-4 #56 S.E.d (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this pag result in rejection of bid.) NON-COLLUSION AFFIDAVIT To the Department of Public Works,City of San Bernardino, State of California: T The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes °o co and says: y 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 a bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited ,0) any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, 3 connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from Ya bidding; communication, or conference with anyone to fix any overhead, profit, or cost element of the bid a price, or of that of any other bidder, or to secure any advantage against the public body awarding the E contract on anyone interested in the proposed contract; or take any action in restraint of free competitive v bidding in connection with such contract; that all statements contained in the bid are true; and further,that w 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. 0 0 0 Firm Name a M M c� Signature Of Bid-W N _ 0 �(`� Printed Nam d Title co G �� N O 2 Lo,�y�� O Business Address 'o � ,/ / k, �^ a ar fd Place of Residence o Subscribed and sworn tokpr affirmed)before me this �✓� day of —J(/,qt . 20'zO%2 °e the above proved to In the basis of satisfactory evidence to be the person who appeared before me. M a. Signed �� d Notary Public in and for the County-of E L State of California. a �IIISTINA M ARE a3 /3 COMM. 01850473 z My Commission expires on ¢ Notary.PublK•Calitolnis c Year z Los AnpEtea Coimtif My. Ex 'et May gM C-5 Packet Pg.457 BOND NO. 1000780466-39 { FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, APW construction Inc DBA Ace Fence Cc as Principal,and U.S. Specialty Insurance Compar I as Surety, are hereby and r°o firmly bound unto the City of San, .Bernardino State of California, hereinafter referred to as"Obligee"in the ao j penal sum of ten percent 10°1° of the total amount of the bid of the Principal submitted to the Obligee for the work rU) 1 described below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, om administrators,successors and assigns. c ul c THE CONDMON OF THIS OBLIGATION IS SUCH, THAT: u I WHEREAS, the Principal has submitted to Obligee, a certain Bid, attached hereto and hereby made a part hereof to enter a into acontract in writing,for the Fencing Improvements at San Bernardino County Flood Control District Right-of-Way w 3 a Along the NW Side of Campus Pkwy E —. A U ' (Copy here the exact title description of-work including location, as it appears on the Bid and Contract Documents) ° I ui for which bids are to be opened on June 26.2012 (Insert date of opening) o U NOW, THEREFORE, o a . L a. If said Bid shall be rejected,or in the alternate, 3 b. If said Bid shall be accepted and the Principal shall execute a contract Q 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, N then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood and o 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. m N r The Surety, for value received, hereby stipulates and agrees that the obligations of said Surely and its bond shall be in no 0 way impaired or affected by any extension of the time within which the Obligee may accept such Bid; and said Surety does w hereby waive notice of any such extension. o T) Signed, this 15th day of June 20 12 'o L a. 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. y 06 APW Construction Inc DBA Ace Fence Cc (SBAI,) U.S. Specia t surance Compan jSEAI,) W c incoal Surety M a By: j= By: r d Sigrwrure Signature E L V 7 �,RG I%.�/='✓� ung T. Mullick,Attorney-in-Fad Prirded .Name and Titl? Printed Name and Title Q NOTE:No'ariaation of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. C-6 Packet Pg. 458 a State of California 1 CALIFORNIA ALL-PURPOSE County of Los Angeles CERTIFICATE OF ACKNOWLEDGMENT On ✓UYlC 2y1;2— beforeme, Cristina Melgarejo, Notary Public o (here insert name and title of the officer) 00 O V) personally appeared Peter K.Ng c c m � LL T who proved to me on the basis of satisfactory evidence to be the person(7d whose name( is/am subscribed to Y the within instrument and acknowledged to me that he/gam/(joky executed the same in his/h /"r N authorized capacityOW, and that by his r/t1oAr signatureW on the instrument the person(S), or the entity e n upon behalf of which the persons acted,executed the instrument. E a i 0 I certify under PENALTY OF PERJURY under the laws of the 1 ` _ U State of California that the foregoing paragraph is true and correct. RISTIMA M GA1tEJ .�` COMM. X185Q473 c =p, Notary Public•Caliloips-,� a U WITNESS my hand an official seal. " I.ns Anoelea Corfntlf •° c M Caren.Et 'res 23 2013 9 L Signature (Seal) t M M r OPTIONAL INFORMATION " N Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this w O acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document n Description of Attached Document N The preceding Certificate of Ackno�dgment is attached to a document Method of Signer Identification e , z titled/for the purpose of % ref 01 F�l� Y� Proved to me on the basis of satisfactory evidence: a form(s)of identification O credible Mtness(es) y Notarial event is detailed in notary journal on: 1 j containing pages,and dated li/� Page i Entry k_ 0 m The signer(s)capacity or authority is/are as: Notary contact: 0 ❑ Individual(s) Other O' fA ❑ Attorney-in-Fact ❑ Additional Signer(s) ❑ signer(s)Thumbprint(s) 06 ® corporate Officer(s) President to "fuels) ❑ C R K ❑ Guardian/Conservator c ❑ Partner-Limited/General E E ❑Trustee(s) _ V ❑ Other. epresenting:APW Construction dba Ace Fence Co- Q Name(s)of Pesonlz7 or Entiryfes)5gner is aepresenting _ �..mnm..+,..s,.me,m .ammo*ov.+envaaa,..v.z-.a,a.v�.w.:.r..•m...w,.eo..���w.:r• 4t ACKNOWLEDGMENT 0 0 co 0 State of California N N County of Orange ) �, c .v c On June 15,2012 before me, Christine T. Hoang Notary Public as (insert name and title of the officer) Y IL personally appeared Yung T Mullick > who proved to me on the basis of satisfactory evidence to be the person(Z)whose name(*) is/am c subscribed to the within instrument and acknowledged to me that he/tbMWW executed the same in E cc hisdbedtlasir authorized capacity**, and that by his4mai t ak signature(s)on the instrument the c.) person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. v I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. c U w O A�P`°`'y CNRI"NE T NOANQ WITNESS m hand and official seal. N °r� COMM.4 1827409 3 i ROTARY FV9LVA FOW ' f ORANGE COUNTY a ' MyCanm 23.2012 M Signature (Seal) r N w O r r N N O Z N C O .y O a R .0 G7 6 N C R CL c m E r v Q Packet Pg.460 8.E.d 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.Motlaaen,Yung T.Mullick,or Jennifer Caroline Anaya of Mission Viejo,California o 0 its true and lawful Attomey(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority e hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings a) err other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond c tY 1*****Three Million***** Dollars ($ "3,000,600.00:` ) z penalty does not exceed e This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted wilier aixi by LL authority of the following resolutions adopted by the Boards of Directors of the Companies: >, Be it kesolvo,4 t hat the President,any Vice-president,any Assistant Yin:-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full ir prover and authority m 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 d N provisions: - Arronuryvpt-Fact may be Ewen full pinver and authority for and in the minx of amt on behalf of the Contpviy,to escuule,acknuw9crlge and deliver,any and all bonds. 2 tecogmmnccs, contracu,agmCments or indemnity, and other moditional ar obligatory undewkings, including Any and all consents for dre release• of retained E ppccnmg(s sndloi finial cstimotcs on engineering and construction contmcIs.mid any and all notices and do=umencs canceling or terminating the Company's nubility to the President and scaled thereunder,acid any such insnumcnrs an so executed by y such Attumcy-in-Fact shall be binding upon.the Company as if signed by d and effect�J U by the Corporate Secretary. .. ++,,� Be it keviAv ..that the signature of any authorized officer and seal of the Company heretofore ex hereafter affixed In any power of attorney or any nulriicate'rei:ving Oicn:to by fa�stmile,.apd any}waver(if 311M or certificate hearing facsimile signature or facsimile scat stall be valid and binding upon the Compan}with respect to any bond ayJndcrtaking to which it is attached. O IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seats to be hereto affixed,this w 3r0 day of October,2011. - O v AMERICAN CONTRACrORs INDEaNI IY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE CIOMPANV 3 orporitu Seals L '�OF y SE *t � .r a naarin - A I. d � °' 01 ILL.11 Y+ ta , !resids Daniel P. A w $tats,of Cali fornia o .. _. .- n County oftos Angeles SS: t. On this Std day of October,2011,before tile,Deborah Reese,a notary public,personally appeared Daniel P. Aguilar,Vice PrlrS.kdent of N Anicrican,contractors indemnity Company,United`;prates Surety Company and U.S. Specialty Insurance Company.who prgYed to me o on the blew of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that Z he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of o which thd'person(s)acted,executed the instrument. .. . .N 0 I certify under PENALTY OF PERJURY under the laws of the State of California treat the foregoing paragraph is true and correct. a W 11'NES my hand end official seal. — OFlQRAtI REEIiF [ R t*iamrm taHim {fi 'v L Harr Pdtic.daafo wt a Signature�^ /fi!St (Seal) twta�..caaa tit' 0a Wrti.tBtS. 06 1 Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S!Specialty a C histuorte Cot spy, do hereby certify that the above aacT=foregoing is a rate and correct copy of a Power of Attorney, executed by m said Conijanie§ which is stilt in full-force ar;d'effeet furthermore,the resolutions of the Boards of Directors,set out in the Power of FL Attorney are in full force and effect. Iii-Wilne `hereof,I have hereunto set my hand and affixed the seats of said Companies at Los Angeles,California this 1$ day U of--J-UXE =204.2_- .. G orporatp Seals �a►ftoU T _ alai `SEAL R , Bond Nor'_ + Jeannie Lee, sislant Secretary '•i 1AII0781l4fi6-3 Agency No.---7715 it Packet Pg. 461 PART H co 0 0 to SPECIAL PROVISIONS m S U C 0 LL T 3 Y IL N 7 6 E O U L O w U A L C O U w O a L A 3 a M M N w O r n N co N r O Z N r- 0 .y j O L CL m d a U) N C R IL Y C d E r v m Y_ a Packet Pg.462 SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS 0 O SECTION 1 y Cn m 1-1 SPECIFICATIONS AND PLANS v LL a. a 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with a 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. 0 U 0 0 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: a M M Agency - The City of San Bernardino. N w Board - The Mayor and Common Council ° for the City of San Bernardino. N N I City Engineer The City Engineer for the City of San Bernardino. z° N C Laboratory - The laboratory to be designated by n the City of San Bernardino to test materials a and work involved in the contract. 0 d Office of the District - Whenever, in the Standard Specifications, reference is made 007 to the office of the District or the District's office, such references shall be deemed made to the Office of the City a Engineer, Public Works Department, located on the P floor of City Hall for the City of San Bernardino, 300 N. "D" E Street, San Bernardino. a Packet Pg.463 B.Ed The mailing address for the City of San Bernardino's Public Works Department is: City of San Bernardino r Public Works Department g 300 North"D" Street, 3rd Floor y San Bernardino, CA 92418-0001 co o) U Resident Engineer - The Resident Engineer is the City of San Bernardino's LL Engineer City Engineer, registered as a Civil Engineer in the State of 3 California, or the designated representative of the City of San a Bernardino's City Engineer, registered as a Civil Engineer in o the State of California. U Notice Advertising for Bids - Notice Inviting Sealed Bids. r Standard Specifications - Standard Specifications for Public Works Construction 0 "Green Book". 6 v Other terms appearing in the Standard Specifications, and these Special Provisions, shall a have the intent and meaning specified in Section 1-2, "Definitions", in the Standard CM M Specifications. N w O r 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the N Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR N PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the z° Public Works Standards, Incorporated, a mutual benefit corporation comprised of five members o representing the American Public Works Association, and four members from the Associated An General Contractors of California, the Engineering Contractors Association, the Southern o California Contractors Association, and BNi Publications, Incorporated. d a y 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. a Only those Sections requiring amendment or elaboration or specifying options are called t out. a 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. ^^ - Packet Pg.464 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. r References in the Special Provisions to Standard Plans shall mean the Standard Plans for o the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for N this project are contained in the "Standard Drawings", section of these Special Provisions. U Where the Plans or Specifications describe portions of the work in general terms, but not LL in complete detail, it is understood that the item is to be furnished and installed complete and in 3 place, that only the best general practice is to prevail and that only materials and workmanship of a 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. ° U R 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 c 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 a Electrical Code, Caltrans Standard Specifications, and these Special Provisions. M Wherever reference it made to any of the standards mentioned above, the reference shall N be construed to mean the code, order or standard that is in effect on the first day of the advertised "Notice Inviting Sealed Bids". N N T O Z 1-1.04 TAXES -- No mention shall be made in the proposal of Sales Tax, Use r_ Tax, or any tax, as all amounts bid will be deemed and held to include any such taxes, which may H 0 be applicable. a. R d 1-1.05 INTERPRETATION OF PLANS AND DOCUMENTS -- If any person u 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 a 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. r Any interpretation or correction of the proposed documents shall be made only by a 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. Packet Pg.465_ tl 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 o be returned with them. Failure to cover in a bid any such addenda issued may render the bid N irregular and may result in its rejection by the CITY. U C U- 1-1.07 PLANS AND SPECIFICATIONS TO BE PROVIDED -- The CITY will 3 provide the Contractor with five (5) sets of Plans and Specifications at no cost after the Award of a Contract. The Contractor shall obtain all additional sets at its own cost. a E R U L O w V F L w 0 U w O a L 3 M M Q1 N w O r n N CO N T O Z N C O W O L IL 0 W CL U) oC N C R a c E r v w et Pg.466 $.E.d SECTION 2 2-1 BID REQUIREMENTS AND CONDITIONS 0 O 2-1.01 GENERAL -- Bids must submitted on the bid form contained herein. All y 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. LL 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 a the date of the CITY's Notice of Award letter, the Bidder shall be considered as not fully o 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 c 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 w damages and not as forfeiture. Bid bonds shall be underwritten by a surety company having a 0 rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety o 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 a 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. N w 0 r N 2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for cm establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE) z° was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San I Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the N Standard Operation Procedures dated January 1994. ° a m Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other 0 business enterprises. Prime bidders could reasonably be expected to produce a level of y ca participation by interested subcontractors of 15 % MBE and 5 % WBE on this project. M a. 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 'E Program (UCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http.-Awww.dot.ca.gov/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. Packet Pg.467 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 o and participate in CITY contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and C2 all other business enterprises shall be determined by the following factors: U), 'u (1) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the LL 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 a certifies it is informed as to those project requirements. a E (2) The bidder identified and selected specific items of the project for which the o 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 0 small portions or quantities to permit maximum participation of MBEs, WBEs and c other business enterprises. M 3 Q (3) The bidder advertised for bids from interested business enterprises not less than ten M 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, N minority or trade oriented publications, trade journals, or other media specified by the CITY. N W N 1 (4) The bidder provided written notice of its interest in bidding on the contract to those z business enterprises, including MBEs and WBEs, having an interest in c participating in such contracts. All notices of interest shall be provided not less 'n than ten calendar days (see Sub-Section 2-1.04 for exception) prior to the date the o 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. y �e a (5) The bidder documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the E enterprises were interested in performing specific portions of the project. a (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 o than fifteen days (see Sub-Section 2-1.04 for exception) prior to the submission of CO bids. U), (8) The bidder negotiated in good faith with interested MBEs, WBEs and other LL business enterprises and did not unjustifiably reject as unsatisfactory bids prepared ; by any enterprises, as determined by the CITY. As documentation the bidder must a submit a list of all sub-bidders for each item of work solicited, including dollar Q amounts of potential work for MBEs, WBEs and other business enterprises. R U i (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. 0 w 0 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 a determination of the adequacy of a bidders' good faith effort must be based on due consideration M M of the indicia of good faith as set forth above. N In the event that the CITY is considering awarding away from the lowest bidder or not o awarding a contract to a proposed bidder because the bidder is determined to be non-responsive N for failure to comply with the good faith indicia set forth above, the CITY shall, if requested, and r prior to the award of the contract, afford the bidder the opportunity to present evidence to the z° 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 H good faith effort but fails to meet the expected levels of participation. 0 IL 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 N 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. a Y G The directions set forth herein shall take effect immediately, and all CITY Departments E shall modify their implementation programs to the extent such programs are inconsistent with this policy. a ^T ^ Pa&&t Pg.469 2-1.04 SUBMISSION OF MBE/WBE INFORMATION - GOOD FA S:E.d 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 r requesting MBE, WBE participation and faxed requests for assistance in recruitment of MBEs q 00 and WBEs shall suffice. U) 2-1.05 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS -- Each LL 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 a $10,000.00, whichever is greater, in accordance with the Subletting and Subcontracting Fair o 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 0 observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. 0 0 U A sheet for listing the subcontractors, as required herein, is included in the Bid c Documents, in Part I of these Special Provisions. 3 a M M 2-1.06 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS N w A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, addenda, and all other Contract cm co Documents. The submission of a Bid shall constitute an acknowledgement upon which the CITY may rely that the Bidder has thoroughly examined Z and is familiar with all the Contract Documents. o N B. The failure or neglect of a Bidder to receive or examine any of the Contract a Documents shall in no way relieve that Bidder from any obligation with a respect to its Bid or to the Contract. No claim for additional compensation Q will be allowed which is based upon a lack of knowledge of the Contract w �a Documents. y a 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 s informed himself prior to the bidding. a 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. Packet flg:y470 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, °q including subsurface of, and at,the site of the proposed work. Cn y OI 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, LL the Bidder shall notify the Engineer immediately. 3 Y a C. Submission of a Bid by the Bidder shall constitute conclusive evidence a that, if awarded the Contract, it has relied and is relying on its own R examination of the following: U`o w U 1. The site of the proposed work. 0 0 U 2. Access to the site. o a R 3. All other data and matter requisite to the fulfillment of the work. a 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the proposed work under the Contract. N w 0 r 5. The conditions to be encountered. N 00 N r 6. The character, quality, scope and complexity of the proposed work. z° N C 7. The quality and quantity of the materials to be furnished. 0 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. a U) 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 a extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. r M A Y Q Padket Pg.471 8£r 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 q CO ownership or otherwise. U 2-1.09 WITHDRAWAL OF BIDS -- A bid may be withdrawn by a written U. 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 a and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will Q 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. c w R 2-1.10 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions 0 attached to a bid will render it irregular and may cause its rejection. The completed bid forms 8 shall be without interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid, 0 modification, or withdrawal will be considered. M M T r N w O r n N N N I O Z fq C O .y O a m U d a y of N C R a Y E t V V Q Packet Pg.472 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 0 O 3-1.01 GENERAL -- The award of the contract, if it be awarded, will be to the y 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 LL 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 a within the prescribed time shall constitute good and sufficient grounds for rescission of the award a and payment of 10% of the bid to the CITY as liquidated damages. U 0 0 Y 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, OC will be to the lowest responsible Bidder as determined solely by the CITY. Additionally, the e 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 a Inviting Sealed Bids as may be required to provide for the best interest of the CITY. The co 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 N Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, o together with any attachments. The Bidder to whom the contract is awarded shall be notified N 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 z° 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 y an award be made until all necessary investigations are made as to the responsibility and o qualifications of the Bidder to whom the award is contemplated. Z d a y 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 a accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications, the W 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. a 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. ,r8.E.d 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. °q CO 0 No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. LL d The Contractor shall fill out all documents contained in the Bid Document section, and 3 comply with all the requirements of the Bid Documents and specifications contained in the a (A Special Provisions. a E Failure of the bidder to fulfill the requirements of the Special Provisions for submittals U, 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 0 bidder's responsibility should the bidder choose to participate in future public works bid offerings. c L 3 M M T N u- O r r N CO N I O Z N C O .y O L a U N O. M 06 N C R a c d E m cc ¢ Ra<Icet Pg.474 SECTION 4 4-1 CONSTRUCTION DOCUMENTATION COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES T O 00 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. LL Y a 4-1.02 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall S 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 c 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 0 work as scheduled. w 0 a L R 4-1.03 NOTICE TO PROCEED -- The Notice to Proceed shall not be issued until a all required documents have been submitted and approved by the CITY. The Contractor shall M 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 N the Contractor from providing all required documentation and commencing work as scheduled within 10 working days of the Pre-Construction meeting. C4 N 1 Required documentation shall include the Contractor's applicable NPDES plan (for z° required submittal time refer to Section 6-1.03 of these Special Provisions), the proposed c Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required). The H Construction Schedule shall be supported by written statements from each supplier of materials or 0 0. equipment indicating that all orders have been placed and acknowledged and setting forth the Fa dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or Q graph. R a. 4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of t 30 WORKING DAYS a from the date of the"NOTICE TO PROCEED". Packet P?. 475 8.Ed- 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, 2"d Floor, San Bernardino, CA 92418. a 0 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. S d In case all the work called for is not completed in all parts and requirements within the 3 time specified, the CITY shall have the right to grant or deny an extension of time for completion, a 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 aff Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, epidemics, 3) quarantine, restrictions, freight embargo, unusually severe weather, or delays of Subcontractors w 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 o facts and the extent of the delay, and the findings thereon shall be final and conclusive. c a L R 3 4-1.07 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR M WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer by 2 the tenth of each month. The report shall include an updated Construction Schedule. Any N deviations from the original schedule shall be explained. Progress payments will be withheld o pending receipt of any outstanding reports. Section 6-73 "Contract Time Accounting", of the N Standard Specifications is superseded by these Special Provisions. The Engineer or his/her co designee will make a daily determination of each working day to be charged against the contract z0 time. Per the Contractor's written request, the Engineer will provide working and non-working days to the Contractor. N 0 0 L a 4-1.08 INSPECTION -- The Contractor is responsible to notify the Public Works d Department Inspection 48 hours prior to the start of any work. Any work performed without a°i inspection by the CITY is subject to rejection and removal of work performed and, at the y Contractor's expense, the work will have to be reconstructed. At the CITY's request, and the 2 Contractor's expense, any pipes less than 24" must be inspected by camera for joint grouting and any other inspection. E r For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING a DAYS AND HOURS", of these Special Provisions. Packet ft.478 ` 8.E.d SECTION 5 5-1 LEGAL REQUIREMENTS 0 O 5-1.01 INSURANCE REQUIREMENTS -- The Contractor shall procure and T 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. U- >1 3 The Contractor shall indemnify and save harmless the City of San Bernardino, the County a of San Bernardino, the State of California, and/or any incorporated city from all claims or suits a for damages arising from the prosecution of the contract work, as more fully described in E Subsection 5-1.07, "Contractor's Liability", of these Special Provisions.. c w t 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 0 caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising c out of or in consequence of the performance of all or any operations covered by the Certificate of M Insurance. The Contractor, at its option, may include such coverage under Public Liability a coverage. M M r N w 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 CM shall furnish the CITY with a policy or certificate of liability insurance prior to execution of the r contract. All of the Insurance Policies shall name the City of San Bernardino as an z° additional insured. The endorsement shall be provided by the broker or agent of the insurance o company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms 'y signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See a attached sample forms.) U d a Contractor shall maintain minimum limits of insurance no less than: �a N C 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 a. aggregate for bodily injury, personal injury and property damage. Commercial General Liability E Insurance or other form with a general aggregate limit shall apply separately to this project/location; a 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; Packet Pg.477 B.E.d 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; 0 O 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 CCD submitted by the Contractor to the San Bernardino County Flood Control District. Y a a C CL 5-1.03 WORKERS' COMPENSATION INSURANCE -- The Contractor's E, attention is directed to Section 7-4, "Workers' Compensation Insurance", of Standard c Specifications, providing that the Contractor shall file a signed Certificate of Workers' Compensation Insurance before execution of the contract. 0 0 U w 0 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 a wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of the City of M San Bernardino. The Engineer shall have the right to interview any craft or worker on the project r site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90- N 358. Prevailing wages, available from the California Department of Industrial Relations' Internet web site at http.lA vww.dir.cagov/dirdatabases.html, shall comply with current rates and all N updates in effect ten (10) days prior to the actual Bid Opening. Said prevailing rates of wages N shall conform to Section 1773 of the California Labor Code. zo N C The Contractor shall comply with the provisions in Sections 10262 and 10262.5 of the 2 Public Contract Code and Section 7108.5 of the Business and Professions Code concerning a prompt payment to subcontractors. 6 0 d a y 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 a compliance with these provisions by his subcontractors. a E (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. Packet Pg.478 8.E.d (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 o CO representative on request. y N OI (c) Each Contractor shall file a certified copy of the records enumerated in subdivision S (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 3 addition to his own employees. Failure to submit the records enumerated in a subdivision (a) on a timely basis shall constitute good and sufficient reason for a withholding the partial payments for work accomplished. E M U L 0 w 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 0 apprentices. c L The Contractor's attention is directed to the provisions in the following section of the a California Labor Code concerning employment of apprentices on public works projects: Cn M r 1773.3 An awarding agency whose public works contract falls within the jurisdiction N 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 N apprenticeship committee, the division shall notify the local joint apprenticeship CO committee regarding all such awards applicable to the joint apprenticeship committee z° making the request. c .y 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 hitp.11 www.dir.cagov/DAS/PuhlicWorksForms.him. Q �e 5-1.07 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor cT 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 El 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 a 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. Packet Pg.479 a.E.d 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. r 0 O CD 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 LL 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 a in consequence of any negligence in guarding the same, in improper materials used in its c construction, by or on account of any act or omission of the Contractor or his agents, and so much E 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. 0 0 If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or U0 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 a 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 N w safety. ° r n N co N r 5-1.08 DIFFERING SITE CONDITIONS -- During the progress of the work, if z° subsurface or latent physical conditions are encountered at the site differing materially from those I 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 o 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 Q disturbed and before the affected work is performed. N as N Upon written notification, the Engineer will investigate the conditions, and if the Engineer a determines that the conditions materially differ and cause an increase or decrease in the cost or C time required for the performance of any work under the contract, an adjustment, excluding loss 1E 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 a contract is warranted. Packet P0.480 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. °q CO 0 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. LL T 3 Y a 5-1.09 ATTORNEY'S FEES AND ARBITRATION -- The prevailing party in o 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 0 hereby specifically excluded from this Contract. o a L R 3 Q 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 r registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any N and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are c legally required of contractor/consultant/vendor to practice its profession, skill or business. N Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. r 0 z c 5-1.l l SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT -- The H Contractor shall be aware that all the requirements in this section are in addition to the "General o 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 a the APPENDIX of these Special Provisions. Oa W a C c d E L V CO r Q Packet Pg.481 ACORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE MM 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 o (714)524-4949 FAX: (7145)524-4940 COMPANY °D A CNA-TRANSCONTINENTAL y INSURED COMPANY s B CNA-VALLEY FORGE U COMPANY YOUR COMPANY NAME C CHUBB GROUP-FEDERAL INSURANCE a AND ADDRESS COMPANY 3 D 2/a COVERAGES N THIS IS TO CERTIFY THAT THE POLICIES OFWSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING C ANY REQUIRBAffMT,TERM,OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WHH RESPECT TO WINCH THLS CERTIFICATE MAY BE MSUED OR MAY PERTAIN.THE¢iSURANCE �- AFFORDED BY TUE POLICIES DESCRIBED HEREIN IS SUBIECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID cLUms !) CO POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS O L]R TYPE OF INSURANCE NJ ER DATE(MM/YYlDD) DAM(h IVMIDD) J2 GENERAL LIABILITY EACH OCCURRENCE 5Iwo000 i U R FIRE DAMAGE(ANYONE FIRE) • COMMERCIAL GEN LIABILITY C 5 SOO OEO 0 A CLAIMS MADE OCCUR V MEDEXP ANYONEPERSO S 5000 C • OWNER'S&CONTRACTOR'S PROT M267576 02/01/98 02/01/99 PERSONAL&ADV INJURY 5 1 000 coo m L GENERAL AGREGATE 52000000 3 PRODUCTS-COMP/OP AGG 52000000 Q AUTOMOBILE LIABILITY COMBINED SINGLE LLGT 51000000 M M 0) X AUTO BODILY-INJURY v r Perron 5 N B ALL OWNED AUTOS BODMY INJURY C dent E BAP 5197135 04/01198 OLOIN9 SCHEDULED AUTOS HRTY DAMAGE N dent 5 co N HIRED AUTOS O NON-OWNED AUTOS Z U) C 0 GARAGE LABILITY OM.Y EACH ACCm9vF 5 .N Ether ONR auto only: ANY AUTO EACH T 0 ACCIDENT (L odwromaotoonlyy, S t6 AGGREGATE. V WORKERS COMPENSATION AND WORKERS COMP 4) EMPLOYER'S LIABILITY X STAMORYLMT3 C C E L.EACH ACCIDENT 3100.000 Rd IA3 02/OIN9 $1,0110,000 N PHEPROPRRIECLJT INCL ELL DISEASE-EA EMPLOYEE C I I1"NEAS/EXECUTN @ E OFFICERS ARE: EXCL EL DISEASE-POLICY LIMIT SI,000,WO d w OTHER C DESCRB'TION OP OPHUHONSIOCATRDNSIVCIBCLE315PECIAL IIENIS OD JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED £ t RE: (/NSERTPROJECT NAME) 0 BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIEICATEHOWER CANCELLATION Q SHOULD ANY OF THE ABOVE DESCRIBED Fm.TCIES BE CANCEULED BEFORE TEE WIRATION DATE TIEPF.OF, THE CITY OF SAN BERNARDINO TfB:IS3UEWGCONSPANY WID.MAIL]fl_DAYSWRITTENNOHCBTOTHECE CATEHOLDPANANffSTOTHE DEPARTMENT OF PUBLIC WORKS LEFT' 300 N. "D" STREET, 3RD FLOOR AUTNOIIOD REPRESENTATIVE SAN BERNARDINO,CA 92418-0001 JOIRV E.SMTPH (Slgnam ) ACCORD 25-S 119 OACCORDCORPORATION � .5 A s> 8.E.d COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: °o 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY U) m ADDITIONAL INSURED ------ OWNERS, LESSEES OR CONTRACTORS ( FORM B ) U_ This endorsement modifies insurance provided under the following: 0. COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE c E .o U SCHEDULE 0 U R L .. NAME OF PERSON OR ORGANIZATION: 0 0 0 CITY OF SAN BERNARDINO v DEPARTMENT OF PUBLIC WORKS 3 300 NORTH "D" STREET, 3RD FLOOR a SAN BERNARDINO, CA 92418-0001 M rn S AMPLE ONLY N CO CA (If no entry appears above, information required to complete this endorsement will be shown in the 0 Declarations as applicable to this endorsement.) Z a c WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization 2 shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by o or for you. a. d 0. NOTE: MUST BE SIGNED BYAUTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OFATTORNEY GIVING AUTHORITY TO BIND A a w: c m CG 20 10 11 85 L Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company Packet Pg.483 8.E.d SECTION 6 6-1 GENERAL 0 0 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity y of any item of work subject to the provisions in Section 3-2.2, "Contract Unit Prices", of the o� Standard Specifications varies by more than 25 percent, compensation payable to the Contractor so will be determined in accordance with said Section 3-2.2.1, "General", of the Standard 5 Specifications and these Special Provisions. Y a When the compensation payable for the number of units of an item of work performed in 2 CL excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit R 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. 0 0 U Should the total pay quantity of any item of work required under the contract be less than a 75 percent of the Engineer's Estimate, therefor, the Engineer reserves the right to make no 3 adjustment in said price if he so elects, except that an adjustment will be made if requested in a writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. N r- 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 rcEmo N the quantity at the original contract unit price. c z c 0 6-1.02 SOUND CONTROL REOUIREMENTS -- Sound control shall comply A with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. a The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 a 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 a Said noise level requirements shall apply to all equipment on the job or related to the job, d including but not limited to trucks, transit mixers or transient equipment that may or may not be r 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. a Packet Pg.484 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 o (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent y 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 LL 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 a and its Surety shall fully indemnify the CITY for any pollution damage and/or cleaning costs. All o construction on off-site or on-site improvements shall adhere to NPDES (National Pollution E. Discharge Elimination System) Best Management Practices to prevent deleterious materials or c pollutants from entering the CITY or County storm drain systems. A The following are the areas to be addressed where applicable: 0 w 0 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. a 3. Construct diversion dikes and drainage swales around working sites. M 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. N 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. zo 10. Never wash excess material from aggregate, concrete or equipment onto a street. c 11. Catch drips from paver with drip pans or absorbent material. 2 12. Clean up all spills using dry methods. a` 13. Sweep all gutters at the end of each working day. 70 Gutters shall be kept clean after leaving construction site. o 14. Call 911 in case of a hazardous spill. 15. Keep a running log of all activities in connection with r_ H the Storm Water Pollution Prevention Plan (SWPPP). a 16. Name a person, on site, responsible for complying with SWPPP. d E BEST MANAGEMENT PRACTICES (BMPs): Best Management Practices shall be ru defined as any program, technology, process, site criteria, operating method, measure, or device Q 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 CounV RWjonal Best Management Practices Handbook for Construction Activities. Packet 4. W' 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 r operation and activities: 0 co 0 U) CONSTRUCTION PRACTICES U), Water Conservation Practices Dewatering ,L Paving Operations Structure Construction and Painting a N 6 MATERIAL MANAGEMENT e Material Delivery and Storage o Material Use w U Spill Prevention and Control cc t 0 U WASTE MANAGEMENT o Solid Waste Management cc Hazardous Waste Management 3 a Contaminated Soil Management M Concrete Waste Management Sanitary/Septic Waste Management N 0 0 VEHICLE AND EQUIPMENT MANAGEMENT co Vehicle and Equipment Cleaning Vehicle and Equipment Fueling zo Vehicle and Equipment Maintenance o N .j VEGETATIVE STABILIZATION ° a Scheduling Preservation of Existing Vegetation Q Temporary Seeding and Planting w oa Mulching a PHYSICAL STABILIZATION Geotextiles and Mats E Soil Stabilizer/Dust Control Temporary Stream Crossing a Stabilized Construction Roadway Stabilized Construction Entrance PacketYg.486 RUNOFF DIVERSION Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes, Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion Ditches/Berms -- Slope Drains and Subsurface Drains o co O U) VELOCITY REDUCTION Cn, Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices U_ Check Dams 3 Slope Roughening/Terracing/Rounding a. N 7 Q SEDIMENT TRAPPING e Silt Fences 2 Straw Bale Barrier " U Sand Bag Barrier Brush or Rock Filter c0 0 Stone Drain Inlet Protection o Sediment Traps 3 Sediment Basin a M Additional BMPs may be required as a result of a change in actual field conditions, r contractor activities, or construction operations. When more than one BUT is listed under each N specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. N 00 N BMPs for contractor activities shall be continuously implemented throughout the project. z° Resources to implement BMPs for erosion control and sedimentation shall be readily available O 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 o 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. Q N STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), a 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 E 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. a All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. Packet Pg.487 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 o and downloading on the State of California, Department of Transportation web site at y http://www.dot.ca.gov/hq/construc lstormwaterlmanuals.htm. `0 m S U SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil LL Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs 3 that address contractor activities, erosion, and sedimentation control. The SWPPP shall also a include and incorporate appropriate BMPs for run-off generated by construction activities and o 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 U`o in order that, in the event of a storm, no soil becomes mixed with or transported by storm water U run-off. 0 0 U If, during construction operations, field conditions change in a manner which, in the c opinion of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, Em addressed the current construction operation, the Engineer may direct the Contractor to revise the a current construction operation and/or the SWPPP. Such directions will be made in writing and M 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 N of the Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. N CO N I The Engineer shall notify the Contractor of the acceptance or rejection of the revised z0 SWPPP within seven (7) working days from the date of submittal. 0 .y The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution 0 Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten R (10) working days prior to the commencement of construction operations in accordance with a this Section 6-1.03 of these Special Provisions. N C The CITY, as Permittee, is subject to enforcement actions by the State Water Resources a 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 'E 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. Packet Pg.488 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. o 0 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 LL bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. a N 7 a Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other E. related costs, including the construction, removal, and the furnishing of all necessary labor, o 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. 0 0 0 a L R 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a a City Business Registration prior to the execution of the contract. Contractor shall obtain a City of M San Bernardino Business Registration at his/her own expense. N Prior to the commencement of work, the Contractor shall obtain a construction permit at c no cost from the City of San Bernardino, Public Works Department, located at San Bernardino N City Hall, 300 North "D" Street, 3d Floor, San Bernardino, California. The permit shall be kept co in a readily available place on the job site at all times during construction. While no fee will be z charged for the permit, no permit will be issued unless the Contractor provides a code reference I 0 number from USA. 0 L 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 COO' 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 a Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. r The Contractor shall be aware that all the requirements in this section are in addition to a 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. Riamew 8.E.d 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 o Contractor's costs and shall constitute the markup for all overhead and profits: 0 U) 1) Labor 20% 2) Material 15% U- 3) Equipment Rental 15% 3 4) Other items and Expenditures 15% a N 7 Q 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 o company. w U 16 L B. Work by Subcontractor When all or any part of the extra work is performed 0 by a Subcontractor, the markup established above shall be applied to the c Subcontractor's actual cost of such work, also a markup of 10 percent on the D first $5,000.00 of the subcontracted portion of the extra work and a markup of 5 a percent on work added in excess of $5,000.00 of the subcontracted portion of M the extra work may be added by the Contractor. N w O r 6-1.06 HOLIDAYS WORKING DAYS AND HOURS -- The Contractor's N 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 z° permitted without the prior consent of the Engineer, except in emergencies involving immediate o hazard to persons or property. No traveled lane shall be closed during rush hour, (7:00 a.m. to I 8:30 a.m, and 4:30 p.m. to 6:00 p.m., unless approved by the Engineer. o Q The Contractor will coordinate inspections with the Public Works Inspector 48 hours Q prior to any work being done during evenings, Fridays or Saturdays. N C R The Contractor shall coordinate with the Engineer regarding working hours prior to start of a 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. a Packet Pg..490,;; Designated legal Holidays are: January 15`, the third Monday in January, the third MondaZ in February, the last Monday in May, July 0, the first Monday in September, November 11 , Thanksgiving Day and the Friday following, December 25`h and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated o legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be ED designated a legal holiday. Cn, r d LL 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payment', and 9-3.2, 3 "Partial and Final Payment", of the Standard Specifications and these Special Provisions. a N 7 a No partial payment will be made for any materials which are furnished, but not E incorporated in the work. `o w The Contractor shall submit "As Built' project drawings to the Engineer prior to the release of final payment and/or bonds. 0 w 0 i W 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat a appearance to the work including use of street sweeping and graffiti removal. The Contractor M 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. N 0 0 In any area visible to the public, the following shall apply: N CO N r When practicable, broken concrete and debris developed during clearing and z° 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. ° a R 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 y �n the requirements of A13939. LO R a c 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- wE Unless otherwise specified, all excess excavation or removed material shall become the property CO of the Contractor and shall be disposed of by him away from the site of the work. a Packet Pg.491 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. -- 0 0 The Contractor shall perform and be responsible for the accuracy of surveying adequate y 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 LL 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 a the Contractor. In case of missing or incorrect ties, the Contractor's Surveyor shall restore ties as o necessary at the expense of the Contractor. The Contractor shall submit to the CITY a copy of all E. survey notes and a Certificate Record of Survey. o 0 U All new and replaced survey ties shall be by transit method. C O U 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 M and Professions Code (AB 1414). Final monumentation of alignments and new R/W lines shall a be performed in accordance with the State of California Surveys Manual (latest edition). Record cq 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 Comer Records or Records of Survey shall N be delivered to the CITY within 30 days of such filings. ° N N 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 z° all necessary labor, equipment, and materials to comply fully with these Special Provisions and c the CLSA shall be considered as included in the contract bid lump sum price, or if no specific bid .y item, the contract bid prices paid for the various bid items of work, and no additional o a compensation shall be allowed therefor. d a 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 a 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 E 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 a 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. 8.E:d 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 o co 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 LL corrections to comply with the Engineer's instructions at no cost to the City of San Y Bernardino. a N 7 a In case of conflicts, errors, omissions, inconsistencies, and/or discrepancies on the plan R sheets, it is assumed that the bid included the cost for implementing and/or constructing the 0 discrepancy that would have the highest dollar value. R L 0 0 U 6-1.13 EMERGENCY INFORMATION -- The names, addresses and telephone o numbers of the Contractor and subcontractors, or their representatives, which can be reached and 0 will respond to calls 24 hours/day, shall be filed with the Office of the City Engineer prior to a beginning work. M r N 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS The Contractor 0 r shall protect and maintain all existing improvements and facilities in place to remain from the first N day of work under this contract to acceptance. The Contractor is responsible for replacing any r damaged improvement or facility to original condition or better. z° c 0 An 6-1.15 COMPLETION ACCEPTANCE & WARRANTY -- The Contractor's a warranty for the material, equipment and work of this project shall comply with Section 6-8, "Completion,Acceptance and Warranty" of the Standard Specifications cn �a N C R 6-1.16 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall a 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 a 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. Packet Pa.493 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 C? of work of the name of the person who will act as the Contractor's Safety CO y Supervisor. B. The Contractor will, through and with his Safety Supervisor, ensure that all of LL 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 a Contractor whose responsibility shall be for supervising compliance with o applicable safety requirements on the work site and for developing and E implementing safety training classes for all job personnel. `0 w C. The Contractor and its affected subcontractors shall attend safety coordination r meetings. The minutes of their meetings shall be submitted to the Engineer. 0 0 0 v A 6-1-18 MEETINGS - A. The Contractor shall attend weekly progress meetings at the project site. N w B. In general, these meetings will be attended by the Contractor, the Engineer or 0 r his designee, and any subcontractors, suppliers, distributors or other concerned CO individuals with issues or items to discuss. CM 0 Z C. Meeting minutes will be taken by the Engineer or his/her designee. The c meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes a to all parties performing work under his contract. d D. The Engineer shall have the authority to require that a mandatory meeting be w oa held at any time during normal work hours. a E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and any subcontractors specified by the Engineer. E t U N Y_ Q l 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. Packet Pg.494 $E.d SECTION 7 7-1 UTILITIES 0 O 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 5) utility owners. Y a Certain companies, governmental agencies, or their contractors may be working within the n construction area. Certain utility facilities at various locations within the project limits may be E removed, relocated, abandoned, or installed by companies' or agencies' contractors. The O� Contractor shall coordinate his work with utility owners and their contractors. M 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 c person. These names and phone numbers are listed for information purposes only. The 0 Contractor is responsible for verifying phone numbers and contact persons. a Cn M 0) I_ 1. SOUTHERN CALIFORNIA EDISON COMPANY N w 287 Tennessee Street ° Redlands, CA 92373 N 00 N I Phone: (909) 307-6788 Attn: Ben Murguia z° N C O 2. SOUTHERN CALIFORNIA GAS COMPANY y 1981 West Lugonia Avenue a Redlands, CA 92374-9796 R d Phone: (909) 335-7772 Attn: Devery Jennings N C 3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT a Water Utility Engineering Section 300 North"D" Street, 51h Floor E San Bernardino, CA 92418 a Phone: (909) 384-5092 Attn: Mike Nevarez P .A95 4. VERIZON 1980 Orange Tree Lane, Suite 100 Redlands, CA 92374-2803 T Phone: (909) 748-6655 Attn: Control Desk o 00 0 U) 5. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA;COMCAST) U' 1500 Auto Center Drive Ontario, CA 91761-1561 U- >1 3 Phone: (909) 795-3349 Attn: Stewart King a. N 7 CL 6. TIME WARNER TELCOM OF CALIFORNIA (ADELPHIA, TC 1) e 1500 Auto Center Drive c Ontario, CA 91761-1561 w Phone: (909) 798-8588 Attn: Mark Davenhauer 0 46 7. TIME WARNER TELECOM OF CALIFORNIA 3281 Guasti Road, Suite #350 a Ontario, CA 91761 M M r Phone: (909) 456-3697 Attn: Richard Wilkerson Cell: (714)801-6141 N w 0 8. A.T. & T. - OSP Engineering N Cable Maintenance & Right of Way co 2741 N. Main Street Z Walnut, CA 94596-2714 0 Phone: (916) 799-4642 Attn: Rosemary Hamill, Cell Phone a L a. A.T. & T. - Cable Hazards Center Phone: (800) 252-1133 Q or W �e A.T. & T. - Plant Protection Services Phone: (909) 381-7385 Attn: John Bradley a r 9. A.T. & T. (SBC-PACIFIC BELL TELEPHONE) E ATTN: Right-of-Way Liaison 1265 N. Van Buren Street, Room #180 . a Anaheim, CA 92807 Phone: (714) 666-5401 Attn: Susan Morgan Pay 60Pg 496 10. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 0 O Phone: (909) 874-7450 Attn: Lynn Durrett co rn 11. MCI—Western Region OSP Outside Plant Construction 157 S. Lilac Street Y Rialto, CA 92376 a N 7 6 Phone: (909) 421-5309 Attn: Chuck Trimble cc U L ° 12. CHARTER COMMUNICATIONS Y U cc 7337 Central Avenue Riverside, CA 92504-1440 c0 0 w 0 Phone: (951) 343-5139 Attn: Dean Vandever 3 13. SAN BERNARDINO COUNTY M FLOOD CONTROL DISTRICT Attn: Granville M. Bowman, Flood Control Engineer w 670 E. Gilbert Street ° San Bernardino, CA 92415 co N Phone: (909) 387-8014 Attn: SBCFCD Inspector,Permit No. P-22004058 z° 7! _ O 14. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES ° a Attn: Randy Miller, Division Chief 670 E. Gilbert Street o San Bernardino, CA 92415 �e N C Phone: (909) 388-5910 Attn: Michele Watson a 15. OMNITRANS E 1700 W. 50' Street San Bernardino, CA 92411 a Phone: (909) 379-7153 Attn: Allen Wild— Stops & Station Changes Packet Pg.497 16. CITY OF SAN BERNARDINO INFORMATION TECHNOLOGY NETWORK GROUP 300 North"D" Street, 4th Floor San Bernardino, CA 92418 0 co 0 co Phone: (909) 384-5947 Attn: Larry Martin _ U _ 17. CITY OF SAN BERNARDINO ,0 PUBLIC WORKS DEPARTMENT 3 STREET DIVISION a. N 234 S,Mt. View Avenue 'o San Bernardino, CA 92408 E U L O Phone: (909) 384-5143 Attn: John Van Havermaat _ 18. CITY OF SAN BERNARDINO 0 PUBLIC WORKS DEPARTMENT o TRAFFIC SIGNALS & STREET LIGHTING 234 S. Mt. View, #110 San Bernardino, CA M Phone: (909) 384-5129 Attn: Clemente Elizalde N 0 N 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the N location of all underground utilities and services, including potholing, before proceeding with the z° excavation work, requesting in advance the services of inspectors from the utility companies in o order to ascertain said locations. Damage to underground utilities resulting from neglect on the 'y part of the Contractor shall be corrected and paid for by the Contractor. 0 a. a 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall to ca conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. a d E 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 a substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/422-4133. Packet Pg.498 B.E.d 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 r work with the utility owners. o CO M 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 scaled with a suitable plug or cap. d LL T 3 Y a 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this o Section, not otherwise provided for, shall be considered as included in the prices paid for the E various contract bid items of work involved and no additional compensation will be allowed 0 therefor. cc cc L .. C 0 U w 0 a L 3 Q M M r N w O r n N N N r O Z N C O An O L a d o. 06 N C a c d E M U W Q Packsk fto.499 `` 8.E.d SECTION 8 8-1 DESCRIPTION OF WORK 0 O 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. U- >1 3 The work to be done shall include furnishing all materials, equipment, tools, labor, taxes a and incidentals as required by the Contract Documents to construct the project. a E ° Addenda issued during the time of bidding shall become a part of the documents furnished U`o 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 E all Addenda issued during the bidding period. Failure to so acknowledge Addenda may result in 0 the Bid being rejected as not responsive. o L The Contractor shall be aware that all the requirements in this section are in addition to a the "Special Provisions", Standard Provisions" and "General Provisions" stated in the San M 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 N 0 Provisions. ° N CO N r 8-1.02 ORDER OF WORK -- Not Applicable z° N C O .N 8-1.03 WORK SITE MAINTENANCE -- The Contractor shall comply with the provisions in Section 7-8, "Work Site Maintenance", of the Standard Specifications. U d To Subsection 7.8.1, "Cleanup and Dust Control," of the Standard Specifications, add the y ad following: ° a Dust control shall hereby be defined as the elimination and/or control of dirt, dust, mud d and debris from propagating or spreading onto properties, private or public, adjacent to the E Project and Contractor's work areas. Y a 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. Packet Pq. 500 8.E.d 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 o control, and as directed by the Engineer. U) 0) Performing the minimum dust control required by these Special Provision shall in no way S relieve the Contractor from his legal responsibility for providing adequate dust control measures. r LL T 3 Full compensation for conforming to the requirements of dust control, including all labor, a equipment, tools, materials, and incidentals, furnishing and operating sweeper and those instances Q 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. w U A L C O 8-1.03a DEVELOPING WATER SUPPLY & WATERING -- The Contractor shall 0 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 a Work. M M r Full compensation for developing a water supply and for furnishing and placing all water N required for the work performed by the Contractor, including Extra Work and as directed by the 0 Engineer, shall be considered as included in the various contract bid items of work involved and N no additional compensation will be allowed therefor. co r O Z 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 y directive to water the site in a prompt manner will result in the CITY making other arrangements 0 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. a y atf C 8-1.04 PROJECT LOCATIONS -- See separate bound Plans. a. c a E 8-1.05 GEOTECHNICAL INVESTIGATION -- None. V Q Paaet P 8.E. 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. 0 O 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 tM telephone. d LL The Contractor shall submit to the Engineer for review and approval six (6) copies of all 3 shop drawings. a CL The Contractor shall make any corrections to shop drawings required by the Engineer. M L 0 w 8-1.07 CITY-FURNISHED MATERIALS -- CITY furnished material, when applicable as specified in other sections of these Special Provisions, shall comply with the 0 following: o a L R A. Materials, if furnished by the CITY, will be made available as specified a in these Specifications. The Contractor is responsible for loading, unloading, hauling and handling, and placing CITY-furnished materials. N 0 O B. The Contractor shall inspect and assure itself of the amount and N soundness of such materials. CO r O C. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. CITY-furnished y materials that are lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the CITY a for the cost of replacing CITY-furnished material and such costs may be deducted from any monies due or to become due the Contractor. (n �e A a c d E s v m V Q Packefft 502 8.E.d 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. o co 0 If there are any questions regarding this project, please contact: rn c City Engineer's Office ,L San Bernardino City Hall 3 300 North"D" Street, P Floor a San Bernardino, CA 92418 a E Re: PLANS & SPECIAL PROVISIONS NO. 12827 FENCING AND HARDSCAPE IMPROVEMENTS w SAN BERNARDINO COUNTY r FLOOD CONTROL DISTRICT RIGHT-OF-WAY ALONG 0 THE NORTHWEST SIDE OF CAMPUS PARKWAY (SS 08-001) c ca L Attention: Mirela Grigorescu a Tel: (909) 384-5202; Fax: (909) 384-5190 M E-mail: grigorescu_mi @sbcity.org N 0 O r r N co N r O Z fq C O .y O L a �o d a aS w c R IL c m E r v 'Packet P .•503 8E.d SECTION 9 9-1 TRAFFIC CONTROL CO a 0 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. LL Q 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 a. N Devices". ii E The Contractor shall submit and obtain CITY approval for traffic control and traffic c detour plans prior to the commencement of operations on a street. Traffic control plans shall Jq be based on the most recent"California Manual on Uniform Traffic Control Devices". 0 0 U All temporary traffic striping and maintenance shall be done by the Contractor, including c placement of temporary tape on all crosswalks. The Contractor shall restore all existing striping to original configuration, and as directed by the Engineer. a All warning, regulatory and construction signs shall be fully reflectorized. The traffic T cones to be used shall be thirty-six inches (36") in height, rubber or plastic, and be reflectorized. N All work areas that remain after dusk shall be properly lighted to the satisfaction of the Engineer. o N N The Contractor shall take all necessary measures to maintain a normal flow of traffic to N prevent accidents and to protect the work throughout the construction stages until completion of z° the work. The Contractor shall be responsible for implementing the approved traffic control plan Or based on the most recent"California Manual on Uniform Traffic Control Devices". 0 0 0 0. 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 UC)L the work during construction and until completion, providing and maintaining all necessary barriers, barricade lights and striping, including crosswalks. a Y C In addition to the foregoing traffic control and safety measures, the Contractor shall 'E 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. a PaCkefft.504 8.E.d 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 q work shall be notified by the Contractor in writing at least seven (7) days prior to commencement y 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. LL T 3 The Contractor shall notify all local authorities of his intent to begin work, in writing, at a least seven (7) days before work is begun. c E R U L 9-1.02 TURN RESTRICTIONS -- The Contractor shall post appropriate signs restricting turns when directed to do so by the Engineer. w E 0 U 0 0 9-1.03 PARKING RESTRICTIONS -- Unless otherwise provided herein, the 0 Contractor may post temporary "NO PARKING" signs within the area of work as required to a facilitate construction operations, subject to approval of the Engineer. M Personal vehicles of the Contractor's employees shall not be parked on the traveled way at N 0 any time. ° n N 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 z° them. The Contractor will be responsible for posting, removing, and maintaining these signs as o required for this project. An 0 L 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 0. vehicles. The Contractor shall obtain prior approval from the Engineer for removal of vehicles. W �a C R a 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 'o by the Engineer. Packet Pg.505 B.E.d 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. o CO 0 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 LL determine when FAS is required at any location. Y Q N 7 Q 9-1.07 LANE CLOSURE -- The Contractor shall not close more than one (1) lane E at a time. The Contractor shall submit traffic control plans and obtain written approval from the Traffic Engineer prior to lane closure. w R L No traveled lane will be closed without authorized approval given by the Engineer. If any �o traveled lane or road is allowed to be closed by the Engineer, the Contractor shall install signs to 0 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. a M If lane closures are approved by the Engineer, the full width of the traveled way shall be r open for use by public traffic from 4:00 p.m. to 8:30 a.m., all day for Saturdays, Sundays, and N designated legal holidays; after 3:00 p.m. on Fridays (unless otherwise approved by the Engineer) 0 and the day preceding designated legal holidays; and when construction operations are not N actively in progress on working days. 0 Z 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 u construction. 0 Q Emergency vehicles shall be permitted access at all times to any street. Q y Ca a Unless otherwise authorized by the Engineer, pedestrian access shall be permitted to pass .5 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. a Packet ft 506 $E.d 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. ° 0 00 0 U) 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 LL modifications or alterations shall be adopted immediately and shall be considered paid in full as a 3 part of the lump sum contract bid price for "TRAFFIC CONTROL", and no additional a compensation will be allowed therefor. o E m U L O w U L C O U w O L Q M Cl) r N w O r r N LG N I O Z w c O T) O L a m U N CL W C 16 a c m E r PackstPg.507 SECTION 10 10-1 MOBILIZATION o 10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section CD 9-3.4) "Mobilization", of the Standard Specifications. rn Mobilization may include, but not be limited to, the following principal items: d T I. Submittal and modification, as required, of the Construction Schedule. Y 2. Providing a Project Office. LO 3. Review of the Site. C 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these w Specifications 6. Moving onto the site, including, but not limited to: 6 a. Equipment w b. Arranging for and erection of Contractor's work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. 3 8. Providing a minimum of one restroom facility for each twenty-five (25) workers a 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). a 9. Installing all temporary utilities (as required). n 10. Establishing required fire protection provisions. CD 11. Posting all OSHA required notices and establishment of safety programs. c 12. Posting of all Department of Labor notices. Z 13. Having the Contractor's superintendent at the job site full-time and responding o 24 hours per day. o 14. Air and water quality protective measures, as necessary, and without limitation. a 15. Potholing and other research and review as necessary to verify site conditions and utility locations. Q 16. Demobilization of the Site. «s 17. Any other item as specified. a 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 E 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 a 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. PacketPg. 508 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. r 0 0 10-1.02 PAYMENT — The contract bid lump sum price paid for T "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 C will be allowed therefor. ,4) Y a w C CL E R U L O t5 v- U R L C O U w O L R 3 M M T N w O Co r r N N r O Z N C O .y O L CL m U C1 6 Ca p7 C R a C d E z R x Packet Pg.,509 s.e.d SECTION 11 11-1 CLEARING AND GRUBBING UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL 0 0 CO 0 11-1.01 GENERAL -- Clearing and grubbing, unclassified excavation and unclassified fill y 0) 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 LL Special Provisions. 3 Y a. Clearing and grubbing shall include, but not be limited to the following items as shown on 2 0. the Plans or as specified in the Special Provisions. E U 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. c a i 2. Remove existing unknown discarded items in the way of project work, a removable by hand, in the area as shown on the Plans, and as directed by the M Engineer. O1 N 3. Protect existing temporary 6' high fence in place, as shown on the Plans, o including coordination with owner of fence, and as directed by the Engineer. N CO N I Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as z0 provided in Section 7-10, "Public Convenience And Safety", of the Standard Specifications. U) 0 0 All removed concrete and other materials, not specifically requested to be salvaged, shall o 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. Cn y The Contractor shall deliver salvaged material to the CITY YARD, at 234 South Mountain a 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. Y Q 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. Packet Pa. 510 s.E.a 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 o of 90%. When asphalt pavement is to be placed directly on subgrade material, subgrade material y shall be compacted to a relative compaction of 95%. r W LL 11-1.02 PAYMENT -- The contract bid lump sum price paid for "CLEARING AND GRUBBING, UNCLASSIFIED EXCAVATION, AND UNCLASSIFIED FILL", shall be a considered as full compensation for doing all the work involved in clearing and grubbing, 2 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 c the Engineer, and no additional compensation will be allowed therefor. L Q U Cost of compaction testing ordered by the Engineer shall be paid for in the following c manner: o 3 1. Tests which do not meet the required relative compaction shall be paid for by the M 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. N w 0 r 2. Tests which do meet the required relative compaction shall be paid for by the N CITY. N co I O Z w C O A O L Q U d Q M o�S y C A a c d E r v Y ¢ S.E.d SECTION 12 THROUGH SECTION 30 0 0 Go O N BLANK r LL T 3 Y CL Ul 7 CL E m U L O w Y U R L Y c O U w O a L R M M Q1 N w O r ti N OD N r O Z 71 C O .y O L IL m d a y ca a c A a c d E r v m Y Q Packet Pg.512 SECTION 31 31-1 CHAIN LINK FENCE 0 O 31-1.01 GENERAL -- All chain link fence materials, fittings and installation of N 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 LL ow Provisions. Y a The Contractor shall construct chain link fence and double drive gate, and relocate existing o gate, per San Bernardino County Flood Control (SBCFCD) details on Sheet 2 and Sheet 3 of the E PLANS, these Special Provisions and as directed by the Engineer. U`o 0 Y V 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 0 work. o a L The Contactor shall coordinate with the Owner of the existing fence to be removed by a others as shown on the PLANS. The Contractor shall be responsible for the security of the M site after temporary fence removal. N w 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 N Bernardino County Flood Control District Permit No. P-22004058 and all its amendments. N The Contractor shall refer to copies of these documents in the APPENDIX of these Special z° Provisions. c .y O L 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, a shall include full compensation for providing all the materials, tools and equipment, and for doing y all the work involved in the construction and installation of chain link fencing and double drive y gate, complete in place, per the Plans, the Standard Specifications, these Special Provisions, and a as directed by the Engineer, and no additional compensation shall be allowed therefor. d E 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 a 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. Packet Pg. 513 SECTION 32 THROUGH SECTION 49 0 O co O U) y 07 BLANK d LL Y a C CL E m U L O 4. U m L C O U 0 O a L m 3 m M Qf N 0 O r r N CD N r O Z U! C O .y O L o. m U m a ot� N C a c m E m Q _l� SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING .. IMPROVEMENTS EXCEPT STREET PAVEMENT 0 O CO 0 U) 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. LL All existing improvements (except utilities and street pavements) including, but not a limited to curbs, gutters, cross gutters, spandrels, driveways and sidewalks, walls, fences, o sprinkler systems, lawns, shrubs, trees, and traffic signs, traffic striping and traffic detector loops E which are damaged or removed during the course of construction of the project shall be restored `o 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. 0 U The removal and restoration of existing improvements shall be in accordance with the o applicable provision of these Special Provisions, the Standard Specifications, Standard Drawing and the following requirements: a M M 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 w 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 CO existing joint or scoring line. If said 10-foot section ends within 3 feet of an CM existing joint or scoring line, then the removal shall extend to said joint or z0 scoring line. A 2. If concrete cross gutter is damaged by the Contractor's operations, the cross 0 0. gutter shall be removed in its entirety and replaced. d CL 3. Concrete sidewalk shall be removed in its entirety between scoring lines or U) ad between scoring line and joint. Prior to removal, scoring lines shall be saw-cut. A CIL 4. If a concrete driveway is damaged and is a single monolithic structure, it shall be removed in its entirety and replaced. t 5. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall a 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. ..,_. -.. 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 r maintained. 0 0 7. If existing fence is in conflict with the new construction, fence shall be relocated by the Contractor. U- Unless otherwise specified, all excess excavation or removed material shall become the 3 property of the Contractor and shall be disposed of by him away from the site of work. a. N 3 6 E O 50-1.02 PAYMENT - Full compensation for conforming to the requirements of this o 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 C therefor. ° U w O ca A 3 M M T r N w O r n N CO N r O Z N C O .y O a m d CL y 4S N C R a c d E s ° z Q ABdketap�.:518 APPENDIX 0 9 co O N C L) C y LL T 3 Y a w C CL E R U L O w 0 v m L M C O U w O 'O L © M M T r N O r r N N r O Z N C O N j O L a m m . a N ca � C � A CL c d E _• L O A I Q i Packet Pg.517 i STATE OF CALIFORNIA Co DEPARTMENT OF INDUSTRIAL RELATIONS APPRENTICESHIP PROGRAM U. FOR PUBLIC WORKS CONSTRUCTION x a Vl 7 O. E R U L O w Y v R L Y C O U w O a L 3 Q M Cl) Q1 r_ N w O r N N N r O 2 N c O .y O L CL m m a otf c R a c d E L U A Y Y Q Packet Pg. 518 8.E.d EXCERPTS FROM THE CALIFORNIA LABOR CODE RELATING TO APPRENTICES ON PUBLIC WORKS r- 0 0 Chapter 1 of Division 2 a0 APPRENTICES ON PUBLIC WORKS N N C U C 1773.3. An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shell,within y five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically LL requested by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee 3 regarding all such awards applicable to the joint apprenticeship committee making the request.Within five days of a Y finding of any discrepancy regarding the ratio of apprentices to journeymen, pursuant to the certificated fixed number a of apprentices to journeymen,the awarding agency shall notify the Division of Apprenticeship Standards. a 1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social i_ security number, work classification, straight time and overtime hours worked each day and week, and the actual per U 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 w0 penalty of perjury,stating both of the following:(1)The information contained in the payroll record is true and correct. U (2)The employer has complied with the requirements of Sections 1771, 1811,and 1815 for any work performed by his m 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 O 0 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 3 Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available Q 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 M Enforcement. If the requested payroll records have not been provided pursuant to paragraph(2), the requesting party am 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 N office of the contractor, p (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or 0 shall contain the same information as the forms provided by the division. r (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with m the entity that requested the records within 10 days after receipt of a written request. N (e) Any copy of records made available for inspection as copies and furnished upon request to the public or r any public agency by the awarding body,the Division of Apprenticeship Standards,or the Division of Labor Standards 0 Enforcement shall be marked or obliterated to prevent disclosure of an individual's name,address,and social security rn number.The name and address of the contractor awarded the contract or the subcontractor performing the contract C shall not be marked or obliterated.Any copy of records made available for inspection by,or furnished to,a joint labor- O management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a N of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's name C and social security number. A joint labor management committee may maintain an action in a court of competent d 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 A 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 Q available remedies for a violation of this chapter. (t)The contractor shall inform the body awarding the contract of the location of the records enumerated under 06 subdivision(a), including the street address, city and county, and shall,within five working days,provide a notice of a c change of location and address. R (g)The contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written d 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, V until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of L Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.A contractor is not Q subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this «_ section, Q (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 Packet Pg. 519 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. 6)This section shall remain in effect only until January 1,2003,and as of that date is repealed,unless a later o enacted statute,that is enacted before January 1,2003,deletes or extends that date. a0 0 to 1776. (a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social to 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. C: (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for ti inspection at all reasonable hours at the principal office of the contractor on the following basis: (1)A certified copy of T an employee's payroll record shall be made available for inspection or furnished to the employee or his or her 3 authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be a made available for inspection or furnished upon request to a representative of the body awarding the contract, the w 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 E upon request by the public for inspection or for copies thereof. However,a request by the public shall be made through m either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards U Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party o 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 c shall contain the same information as the forms provided by the division. O (d)Each contractor shall file a certified copy of the records enumerated in subdivision(a)with the entity that U requested the records within 10 days after receipt of a written request. O (e) Any copy of records made available for inspection as copies and furnished upon request to the public or .O 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 3 number.The name and address of the contractor awarded the contract or performing the contract shall not be marked Q 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 M the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's social security {' number. (})The contractor shall inform the body awarding the contract of the location of the records enumerated under a subdivision(a), including the street address,city and county, and shall,within five working days,provide a notice of a 0 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 N 10-day period,he or she shall,as a penalty to the state or political subdivision on whose behalf the contract is made or N 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 0 Standards Enforcement,these penalties shall be withheld from progress payments then due. N (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this e0 section.These stipulations shall fix the responsibility for compliance with this section on the prime contractor. .y (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 p Practices Act of 1977, (Title 1.8(commencing with Section 1798),Part 4,Division 3,Civil Code)governing the release of tl these records,including the establishment of reasonable fees to be charged for reproducing copies of records required R by this section. 'U 6)This section shall become operative January 1,2003. d. 1777.5. (a) Nothing in this chapter shall prevent the employment of properly registered a PPre ntices upon public works. n � (b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for 6 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. R (c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that c. 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 y _. apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with E 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 Q 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 Packet Pg. 520 S.E.d 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 c arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's o standards shall not be required to submit any additional application in order to include additional public works o contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade rn determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California N Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who w 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 d LL information submitted shall include an estimate of journeyman hours to be performed under the contract, the number a of apprentices proposed to be employed, and the approximate dates the apprentices would be employed.A copy of this 3 information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after d concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, w 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 C information for 12 months. m (f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall U 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 0 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 t` 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. G (h)This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any U journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by p journeymen so employed.Any work performed by ajourneyman in excess of eight hours per day or 40 hours per week -p 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 Hawever, the 3 contractor shall endeavor,to the greatest extent possible,to employ apprentices during the same time period that the Q 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 M apprenticeship program,may order a minimum ratio of not less than one apprentice for each five journeymen in a craft 0) or trade classification. (i) A contractor covered by this section that has agreed to be covered by an apprenticeship programs w standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship 0 program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen r- stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by N subdivision(g). (j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in N 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 o hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards may grant a certificate Z exempting the contractor from the 1-to-5 hourly ratio,as set forth in this section for that craft or trade. w (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor e0 association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the .y 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) .0 Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of p apprentices in training in the area exceeds a ratio of 1 to S.(3)There is a showing that the apprenticeable craft or trade ti 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 T create a condition that would jeopardize his or her life or the life,safety,or property of fellow employees or the public at aa) large,or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a C- journeyman. 06 (1)When an exemption is granted pursuant to subdivision(k)to an organization that represents contractors in N a spec 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 M local apprenticeship standards. d (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 d Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship E training contributions in the area of the public works site. A contractor may take as a credit for payments to the u council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the M site of the public works project. The contractor may add the amount of the contributions in computing his or her bid Q for the contract. 3 Packet Pg. 521 (2) At the conclusion of each fiscal year, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows: (A) If there is an approved multiemployer o apprenticeship program serving the same craft or trade and geographic area for which the training contributions were m m made to the council, a grant to that progra shall be made. (B) If there are two or more approved multiemployer e 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 ) in each program. (C)All training contributions not distributed under subparagraphs(A)and(B)shall be used to defray the future expenses of administering this subdivision. (3) All training contributions received pursuant to this .� subdivision shall be deposited in the Apprenticeship Training Contribution Fund,which fund is hereby created in the e State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the Apprenticeship Training d LL Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the T expenses of the division in administering this subdivision. Y (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this 11 section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations w with the prime contractor. O (o)This section does not apply to contracts of general contractors or to contracts of specialty contractors not a bidding for work through a general or prime contractor when the contracts of general contractors or those specialty m contractors involve less than thirty thousand dollars($30,000). V (p)All decisions of an apprenticeship program under this section are subject to Section 3081. Q 0 1777.6. It shall be unlawful for an employer or a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works,on the ground of the race, religious creed, color, national origin, ancestry, A sex,or age,except as provided in Section 3077,of such employee. C O 1777.7. (a) (1) A contractor or subcontractor that is determined by the Chief of the Division of Apprenticeship w Standards to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding one O 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, 3 where the noncompliance results in apprenticeship training not being provided as required by this chapter, shall forfeit Q 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 m awarding body shall withhold the amount of the civil penalty from contract progress payments then due or to become due. (2) In lieu of the penalty provided for in this subdivision, the Chief may, for a first-time violation and with the concurrence of an apprenticeship program described in subdivision (d), order the contractor or subcontractor to N provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the G period of noncompliance. I (b) In the event a contractor or subcontractor is determined by the Chief to have knowingly committed a N serious violation of any provision of Section 1777.5, the Chief may also deny to the contractor or subcontractor,and to rp its responsible officers, the right to bid on or be awarded or perform work as a subcontractor on any public works contract for a period of up to one year for the fast violation and for a period of up to three years for a second or O subsequent violation. Each period of debarment shall run from the date the determination of noncompliance by the Z Chief becomes a final order of the Administrator of Apprenticeship. a (c) (1)An affected contractor, subcontractor,or responsible officer may obtain a review of the determination of o the Chief imposing the debarment or civil penalty by transmitting a written request to the office of the Administrator .N within 30 days after service of the determination of debarment or civil penalty.A copy of this report shall also be served •5 on the Chief. If the Administrator does not receive a timely request for review of the determination of debarment or civil O penalty made by the Chief, the order shall become the final order of the Administrator. (2)Within 20 days of the timely d 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 m Administrator. (3)Within 90 days of the timely receipt of a request for review,a hearing shall be commenced before the CL Administrator or an impartial hearing officer designated by the Administrator and possessing the qualifications of an to administrative law judge pursuant to subdivision (b) of Section 11502 of the Government Code. The affected 06 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, rs modifying,or dismissing the determination of debarment or civil penalty.The decision shall contain a statement of the d 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 y the party has filed with the Administrator. Within 15 days of issuance of the decision, the Administrator may E reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time.(5)An L affected contractor, subcontractor, or responsible officer who has timely requested review and obtained a decision M under paragraph(4) may obtain review of the decision of the Administrator by filing a petition for a writ of mandate to Q 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 Packet Pg. 522 i 8.E.d Administrator. The decision of the Administrator shall be affirmed unless the petitioner shows that the Administrator abused his or her discretion. If the petitioner claims that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the entire record. (6)The Chief may certify a copy of the final order of the Administrator and file it with the clerk of the c superior court in any county in which the affected contractor or subcontractor has property or has or had a place of o business.The clerk,immediately upon the filing, shall enter judgment for the state against the person assessed in the m 0 amount shown on the certified order.A Judgment entered oursuant to this section shall bear the same rate of interest N and shall have the same effect as other judgments and be given the same preference allowed by the law on other to judgments rendered for claims for taxes.The clerk shall not charge for the service performed by him or her pursuant to rn 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 c withheld funds,up to the amount of the certified order,to the Administrator. d (d)If a subcontractor is found to have violated Section 1777.5,the prime contractor of the project is not liable U. for any penalties under subdivision (a), unless the prime contractor had knowledge of the subcontracmr's failure to 3 comply with the provisions of Section 1777.5 or unless the prime contractor fails to comply with any of the following d requirements: (1) The contract executed between the contractor and the subcontractor or the performance of work on a 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 a works project pursuant to subdivision (d) of Section 1777.5, including, but not limited m, periodic review of the E certified payroll of the subcontractor. (3)Upon becoming aware of a failure of the subcontractor to employ the required V number of apprentices, the contractor shall take corrective action, including, but 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 o final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a U declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required m 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 p if the awarding body is a state entity, or in the equivalent fund of an awarding body if the awarding body is an entity U other than the state. 0 (f)The Chief shell consider,in setting the amount of a monetary penalty,in determining whether a violation is serious, and in determining whether and for how long a party should be debarred for violating this section,all of the m following circumstances: (1) Whether the violation was intentional. (2) Whether the party has committed other 3 violations of Section 1777.5. (3) Whether, upon notice of the violation, the party took steps to voluntarily remedy the Q violation. (4) Whether, and to what extent, the violation resulted in lost training opportunities for apprentices. (5) Whether,and to what extent, the violation otherwise harmed apprentices or apprenticeship programs. if a party seeks M review of a decision by the Chief to impose a monetary penalty or period of debarment, the Administrator shall decide r 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 N California Apprenticeship Council.The Administrator may adopt regulations to establish guidelines for the imposition 6 of monetary penalties and periods of debarment and may designate precedential decisions under Section 11425.60 of _ the Government Code. N cc N I NOTE: THE ABOVE CALIFORNIA LABOR CODE SECTIONS ARE AVAILABLE z FROM THE INTERNET A www.dir.ca.Eov/. � c 0 Mn DAS 10 (Rev. 04-02) 0 M` 0 U 47 a 06 a c R CL c d E z U R Q 5 Packet Pg. 523 0 C? co 0 PUBLIC WORKS y STANDARD PLANS LL T 3 Y a N 7 a E A cc U O w U c O U w O O E O 3 ® M M r N w O r n N W N I O Z a c 0 .y O CL d a 06 I N i C IL I m _S E s L) m J J B.E.d CITY OF SAN BE=WA2DINCD STQNDA¢D Ex15T' ING T0P0l2I70J► PH1' &YMDOLS --.— cjffI Z2 LINE SEWE2 MANHOLE Ems— CITY LIMITS ono' SLIWEQ CLiAWOUT °o p.fiJ ¢IGt-+T OF WAY LINE QD STOtiM D¢1+tN MANHOLE y U) S 5 EXIGTING 5EWER. Qp¢L7J TELfPLICNE MANHOLE DR VAULT w —L C tV EXI5YtNG WATC¢ LINE G �6� CsAS MAIJHOL4 OR VAULT Q) LL 15 4CONE D EXISTING 5TOZM DtzAIN W� �W j WATE2 MANHOLE O¢ VAULT 3 Y Z"PA Cam— 0XISTING GAB LINE 0 `E ELECTRIC MANHOL.G OR VAULT w T — — UND GD- TEL.CONDUIT ( PP* ELECTIIC 02 TELEPHONE POLE E m 12"ID,COMF IRR— EKIST 1¢21GA-rIO/J LINE ® ELECT= TOWEZ V 0 —T y E t1ND'C7D. 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SIDEWALK (DASHED SI'¢IUKLER HEAD � a PC.0- DQIVEWAY DELTA ANGLE POINT c P.C.0 -CURB 4 6UTTE¢, d POtNT ON T/ANGer4y ` L °o U.S-MAIL. sox 0m j SN¢U5 IZ'• TREE (DECtD0005) S d a ,w PALM �/ V EVEZCAEEN(PINE,ETC b SECTION COQNEtZ f 9 i 9 1/4 C0zwEiL Nil ?CC 4LA6 8U{LDIIJCT APPROVt!D STA�NDA�RP UHCOYEQED Ns r, 1 t 119 6 �a FLAN CITY of SAN 5E2NA12DIUO -PLIOL;C .IEEiEL. Packet Pg. 525 0 G PERMITS, DEED AND EASEMENTS y BETWEEN CITY OF SAN BERNARDINO LL AND N SAN BERNARDINO COUNTY E FLOOD CONTROL DISTRICT U A L V C O U w O a L R 3 a M M r N w O r r N co N I O Z N c O N O L CL R d 0 (A od rn m a c d E v A V a Packet Pg. 526 San Bernardino County Flood Control Distract Inspection Phone: 825 East Third Street, Room 108 (sog)387-7995 San Bernardino, CA 92415-0835 Inspection office shall be (909) 387-7995 - FAX (909) 387-8043 noted two working days prior to commencing permitted use FAILURE m PERMIT TO OBTAIN INSPECTION ° SHALL BE CAUSE TO VOIG THIS PERMIT rn c r C _ LL Permit Issued: October 8, 2004 PemiitExpires: October 8, 2005 File: 2-305, 2-307, 3 2-364/2.04 Y Permit No: P-22004058 m C CL Permittee: University Park, LLC Filing Fee: $535.00 E P.O. Box 610 Inspection Fee: 2$ 900.00 ci Seal Beach, CA 90740 (Nonrefundable)TOTAL: $3,435.00 -0 Contact/Phone: Chuck Diamond (562)430-0503 m Project Manager Permit Activity: 1) Perform grading operations for future street improvements within District right-of-way, 2) c abandon and remove two of three existing 48-inch CMP turnouts from Wiggins Basin No. 1, U0 3) construct a 60-inch RCP storm drain connection into the existing triple RCB at University o Parkway, and 4) install a 12-inch DIP Waterline Crossing above the Devil Creek Diversion -�a M Channel, C/E a Facilities: Wiggins Basin No. 1, Devil Creek Diversion Channel, C/E, and Devil Creek Channel M Location: North of Kendall Drive M rn Citv/Community: City of San Bernardino N 1. The proposed permit activity shall be in accordance with the Plans (Exhibit"A"), and the Special, Standard o and General Provisions, all of which are attached and made a part of this permit. n N 2. AT LEAST 48 HOURS NOTICE SHALL BE GIVEN TO THE DISTRICT BEFORE STARTING ANY co WORK UNDER THIS PERMIT. Contact the District's inspector at (909) 387-8014 failure of notification is z0 cause for revocation of this permit. m c 3. This permit, or a certified copy thereof, shall be kept at the job site throughout the period of operations -L 0 within District right-of-way and shall be shown to any District Representative or any law enforcement officer .o upon demand. Exercise of this permit shall indicate acceptance of and agreement to comply with all a provisions included herein. Violation of any provision shall be cause for immediate revocation of permit. m 'u d PERMITTEE'S ACCEPTANCE: DISTRICT APPROVAL: in Signaboe by the Pernti¢ee or Peft tl s AuC cried Agent of N79 Permit shall Ind;cate acceptance or all of the Prmrsbns cf the permit r 4 ittee s signature PATRICK J. MEAD Date L U C u � �� Interim Flood Control Engineer < ( ,leb a P 'A Ill LE v oc: ish and Game FC Operations Supt Inspector Packet Pg. 527 B.E.d 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. o 9 2. Prior to starting any activity authorized by this permit, the Permittee shall provide U) 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. T 3. Prior to starting any activity authorized by this permit, the District require written a confirmation form the City of San Bernardino Water Department for operation and maintenance of the 12-inch DIP Waterline Crossing. E U 0 O w U R STANDARD PROVISIONS o U w 1 . The tens of this permit is for one year. The District will coordinate an 0 extension(s) to the permit term upon receipt of a completed Flood Control Permit 3 Amendment Application at least thirty days prior to the expiration date. a M 2. No revisions to the approved plans shall be made during construction without review, written approval and/or permit amendment from the District. N 0 0 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. `v 0 Z 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 a City ordinances for noise and operating hours. U Gl 6. All existing asphalt or concrete surfacing removed during the permit activities shall cn be sawcut at the removal limits. Any settlement in the future shall be maintained by the Permittee. o a. 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 E other material unsuitable for compaction. All backfill shall be compacted to at U least ninety percent (90%) relative density as determined by ASTM test Method D- a 1557, Method C and certified evidence thereof submitted. Compaction tests shall be performed at locations specified and to the satisfaction of the District. Packet Pg. 528 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. a 0 9. The Permittee will submit "Record Drawings" at the time of the final inspection. 0 U) 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 LL temporary or permanent structures, falsework, excavated material, and equipment s connected with the construction. For the purpose of computing the area of an N obstruction, dimensions shall be taken normal to the channel flow of the actual a physical outline of the obstruction. E ca U 11. Concrete for rock inlet and outlet structures, bottom controls, splash pad and other o proposed structures shall be 560-B or C-3250. U L 12. Concrete mix designs shall be submitted to the District for review and approval at 0 least 72 hours prior to concrete placement within District right-of-way. c L 13. All reinforcing steel shall conform to the requirements of ASTM A-615 and shall be a Grade 60. M M 14. All structural concrete shall be 4000 psi with "A" gradation in all inverts and 4000 m psi with "B" gradation for all walls. w 0 15. To cut the hole in the RCB wall section, make a sawcut 1-inch deep on the N exposed face of the RCB wall at the removal limits; cut a groove in the concrete co adjacent to the sawcut on the side to be removed to the depth of the sawcut with a o chipping hammer. Remove the remaining concrete. A ball and crane shall not be N used for breaking up concrete within the District's right-of-way. o 0 16. The drain shall be aligned so that the edge of the proposed wall opening in the o RCB will be at least 5-feet away from the nearest vertical wall joint. o U 17. The channel station number shall be painted, using black paint, on the channel w wall above the breakout opening in uniform capital block letters and numbers 6 ,� inches high, 3-inches wide and 3/4-inch width of line per Exhibit "B". a 18. A modified concrete apron, attached herewith as Exhibit "C", shall be required around all above ground structures. E E V GENERAL PROVISIONS a 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. Packet Pg. 529 8.E.d 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 °o property of any kind whatsoever, and any cost or expense in connection therewith, and agrees to defend the Flood 0o Control District, the County of San Bernardino, and all officers, employees and agents of said public body against u) any claims or demands which may arise out of or result from Permittee's construction, operation, use or activities on rn c 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 i 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, nY N Department of Fish and Game a Attn: Environmental Services E 4775 Bird Farm Road rj Chino Hills, CA 91709 0 (909) 597-9823 U 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. c a 5. Prior to beginning any activity authorized in this permit, the Permittee and/or Permittee's authorized agent, shall A notify Underground Service Alert (USA) at 1-800-422-4133 at least 48 hours in advance to coordinate the permit G activity on District right-of-way. M M 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. `o 7. Work done in the absence or prescribed inspection may be required to be removed and replaced under the proper ti inspection, the entire cost of removal and replacement, including the cost of all materials used in the work thus ,N, 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 z required, and the Permittee shall bear the entire cost of performing all the work and furnishing all the equipment and N materials necessary for the removal and subsequent replacement of the covering, as directed by the District. c ' N 8. Should installation or maintenance activities be required during the period October 15 to April 15, work shall be .o undertaken within a 6-day clear weather forecast. Permittee shall maintain and provide for a Flood watch when a storm conditions threaten, and have personnel and equipment available on a 24-hour schedule and provide the rs District with the names and after-hours phone numbers of responsible supervisory personnel. a) CL 9. Any survey monuments which will be disturbed or destroyed shall be located, referenced and a corner record fled 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 R record shall be filed with the County Surveyor for reset of monuments and evidence submitted prior to finalizing the a permit. All work shall be performed under the direction of a licensed land surveyor or registered civil engineer at the expense of the Permittee. d E , r 10. Access to the District's levees, channels and patrol roads shall remain open and free to vehicular traffic at all times. y Alternate access to the facilities shall be provided when existing access is severed or impaired. Permittee must a 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 1 be performed to the District's satisfaction. 12. Permittee shall, at all limes, exercise proper dust control and dust abatement, Packet Pg. 530 8.E.d 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 o appreciable flows. ° co 15. This permit is valid only to the extent of the Flood Control District's jurisdiction. Permits or other approvals required U 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. m LL 16. If the Permittee should refuse or neglect to comply with the provisions of the permit, or the orders of the District, the 3 District may have such provisions or orders carried out by others at the expense of the Permittee. a N 17. If the Permittee fails to comply with any obligation contained herein, Permittee shall be liable to the District for any m administrative expenses and attorney's fees incurred in obtaining compliance with this permit and any such m expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. 0 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 shell be cleaned, graded and dressed to the satisfaction of ro the District. A Joint Inspection (Permittee/District) shall be made to determine if the work has been completed in `o accordance with permit requirements. a m 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. a 22. District activities shall take precedence at all times and, when any work or activity must be performed to carry out 0 the functions and purposes of the District, Permittee must allow same to be done without interference. N ° 23. Any damage caused to District facilities or structures by reason of the exercise of the Permit shall be repaired at the r cost of the Permittee to the satisfaction of the District. Permittee will be billed for the actual cost to the District z should Permittee neglect to make such repairs promptly, c 0 24. Any District right-of-way monuments that are removed, disturbed, or destroyed as a result of activity under permit .2 will be replaced by the District. Permittee will be billed and agrees to immediately pay all costs of such replacement. o a- 25, Unless otherwise specified herein, this permit Is subject to all prior permits, agreements, easements, privileges or R other rights, whether recorded or unrecorded, in the area specified in this permit. Permittee shall make his own Z arrangements with holders of such prior rights. °- N 06 26. The permitted activities shall be in accordance with: M a. The San Bernardino County Department of Public Works, Transportation and Flood Control Standard a 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 E "Manual of Accident Prevention in Construction"issued by the Associated General Contractors, Inc. r V W 27. All work associated with the activities authorized under this permit shall conform with all Cal-OSHA requirements. Q 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. Packet Pg. 531 S.E.d San Lzotliardino County Flood Control bislrict Inspection Phone_ 825 East Third Street, Room 108 19091387014 San Bernardino, CA 92415-0835 .action office shall be (909) 387-7995 - FAX (909) 387-8043 ,r notified two working days prior to commencing PERMIT 0 permitted use. FAILURE Y1HJ1�1♦ 11 ° TO OBTAIN INSPECTION -a y SHALL BE CAUSE TO 0 V01D THIS PERMIT. AMENDMENT NO. I to rn c U Amendment tssued:Decelnber 2, 2005 Amendment Expires: ApdI8, 2006 File: 2-305, 2-307, m 2-364/2.04 T Permit No: P-22004058 3 EL 00 538 3 $1 Fee: , . Permittee: University Park, LLC Amendment a P.O. Box 610 E Seal Beach,CA 90740 t; Contact/PhOne: Chuck Diamond (562)430-0503 a Project Manager R 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) o construct a 60-inch RCP storm drain connection into the existing triple RCB at University c Parkway, and 4) install a 12-inch DIP waterline crossing above the Devil Creek Diversion Channel,CIE 3 a lilies: Wiggins Basin No. 1, Devil Creek Diversion Channel, C/E, and Devil Creek Channel endrrtent 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 r 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 Co drain connection and chain link fencing as shown on the attached Exhibit"D", and made a part of this permit. 0 z In addition to the above, the District has no objection to a time extension and hereby amends Standard Provision No. 1 in of the permit as follows: 00 1. The extended term of this permit shall expire on April 8, 2006. The District will consider an extension or .rn extensions to the permit term upon receipt of a written request for same at least 30 days prior to the expiration o date. Also, the District hereby adds Special Provision No. 4 to the permit as listed on page 2 of this amendment: d a All other provisions of the original permit shall remain unchanged. rn oa N PERMITTEITS ACCEPTANCE: DISTRICT APPROVAL: Signaturo by Uw Pefmdte9 a Pwmittee's Authorized Agent CO this d Permit shell ndkate accept of all of the Provisions of the pernA. C ' d Permittee's ;ZaYrllt�7 Date YPATRICK J. MEAD Date S/��°�"� Flood Control Engineer a AT TffLE / Zlowb. Packet Pg. 532 B.E.d «:` :C Operatlarta Supt irtSpWtcr SPECIAL PROVISIONS T 4. The Districts 6-foot chain link fence shall be constructed per District Special o CO Drawing I, attached herewith as Exhibit"E". V C N LL T 3 Y a m 3 O. E to U L 0 w U O C O U 0 0 a L 3 M M T N r O COT r N N T O Z N r- 0 .y O L CL m �u m 0 N N C 16 IL C d E L U 16 Q Packet Pg. 533 S.E.d San Bernardino County Flood Control District Inspection Phone: 825 East Third Street, Room 108 c909J 387-8014 San Bernardino, CA 92415-0835 action office shall be (909) 387-7995 - FAX (909) 387-8043 OR notwo ed t working days prior d commenting pERMIT permitted use. FAILURE c TO OBTAIN INSPECTION SHALL BE CAUSE TO .P o VOID THIS PERMIT. AMENDMENT NO. 2 rn U) rs c U Amendment Issued: MAY 8. 2006 Amendment Expires: April 8, 2008 File: 2-305,2-307, 2-364/2.04 T Permit No: P-22004058 3 a. Perrnittee: University Park, LLC Amendment Fee: $93.00 a P.O. Box 610 E Seal Beach, CA 90740 cc Contact/Phone: Chuck Diamond (562) 430-0503 0 Project Manager U R 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, 0 3) construct a 60-inch RCP storm drain connection into the existing triple RCB at University 0 Parkway, and 4) install a 12-inch DIP waterline crossing above the Devil Creek Diversion Channel, C/E 3 6ties: Wiggins Basin No. 1, Devil Creek Diversion Channel, C/E, and Devil Creek Channel a .endment Activity: 1)Time extension and 2) delineation of proposed right-of-way limits Location: North of Kendall Drive =- City/Community: City of San Bernardino N 0 The District has no objection to your request for a time extension to the above referenced permit and hereby amends n Special Provision No. 1 as follows: N N T 1. The extended term of this permit shall expire on April 8, 2008. The District will consider an extension or C extensions to the permit term upon receipt of a written request for same at least 30 days prior to the expiration N 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: a All other provisions of the original permit and subsequent amendment shall remain unchanged. 5 U d PERMITTEE'S ACCEPTANCE: DISTRICT APPROVAL: signature by tha Par ifti"or Perntdee•s Authodzed Agent of this otl Permd " Indicate acceptanta of all of to pmvAsions of the permit. N or c Fermin signature ate PATRICK J. MFzAD ----- Date UVAwat Flood Control Engineer C Q�8►. PRINT � PC Owatiom Suq Inepecla Packet Pg. 534 B.E.d 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. r 0 O SPECIAL PROVISIONS 0 cn 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- T way exchange with Tom Williams, Chief, Right-of-Way Section, at (909) 387-8256. 3 The District's inspector shall be kept informed by the Permittee of the status of y perfecting the right-of-way in order to install the chain link fencing required by this a permit. L 0 w U C O U w O A 3 a M M Q) r N w O r r N N O Z U) c 0 T) O L a R U N Q N C A IL t a E r U A Q Packet Pg. 535 8.E.d San Bernardino County Flood Control District Inalmdon Ptarro: 825 East Third Street, Room 108 (909)W-8014 San Bernardino, CA 9241540835 Inspectbn mace shall be (909)387-7995 - FAX (909) 387-1858 "Med two wo*ing days 0 pe to caFAILU E PERMIT ° permitted use. FAILURE o TO OBTAIN INSPECTION ° SHALL BE CAUSE TO rn VOID THIS PERMIT. AMENDMENT NO. 3 m U C Amendment Issued: Jamar7 20, 2011 Amendment Expires: November 1,2011 File: 2-305,2-307, 3 Pexndt No: P-22004058 a N Pe rmittee: City of San Bernardino Name Change Amendment Fee: $120.00 E 300 N.'D"Street Time Extension Fee: $120.00 San Bernardino,CA 92418 (Nonniundable)Total: $240.00 U `o Contact/Phone.. Robert EMenbetaz (909)384-SM Y U 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. c 1, 3) construct a 6G4nch RCP storrn drain connection into the existing triple RCB at University Parkway, and 4) Install a 124nch DIP waterline crossing above the Devil Creek v Diversion Channel,CIE ` FaciEties: Wiggins Basin No. 1,Devil Creek Diversion Channel, C/E,and Devil Creek Channel a Amendment 1) Name change and 2)time extension Location: North of Kendall Drive M City/Community City of San Bernardino N The Permlttee Is hereby amended(from University Park, LLC to City of San Bemardno) as follows: o PREVIOUS PERMITTEE NEW PERMITTEE N UnKwslty Park, LLC City of San Bernardino N P.O.Box 810 300 N.`D"Street Seal Beach CA 90740 San Bernardino,CA 92418 z In addition to the above,the District hereby amends Standard Provision No. 1 as follows: c 1, The extended term of des psmtft shall expire on November 1, 2011. The Dle W will consider an Mn extension to the permit term upon receipt of a pemtit amendment application at least 30 days prior to the o termination date a m Also, the District shall add General Provision Nos. 40, 41, 42 and 43 to the permit as listed on page 2 of this amendment. f� AM other provisions of the original permit and subsequent amendments shall remain unchanged. °s N C PERMrITEE'S ACCEPTANCE: DI APPROVAL• SoAk ,try e>o Pe„retlea or Wnnie sAWp,WdAoeM of hY a Pe,mit shee 4KScefe rxpYna ! d of tlw pronMur der gmi7. Petmktea'e Date GRANNIE E 'BOWMAN Date I m Rd869 r�5tr+�!BFrsz 1 loot Contra Engineer a PRINT c,ry 0v61NCIF2q, TITLE ea rcar..em.syt ►w.eb. Packet Pg. 536 S.E.d GENERAL PROVISIONS 40. M 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. o 41. The Permittee shell comply with all provisions of Rule 403Fugitfve Dust of South Coast Alr Quality co co Management District. w 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 Cc pre-emergent for this purpose: Direx 4L ® 7 gtslacre, simazine 4L @ 5 gtatacre, landmark ® 4.5 u_ ozlacre. The necessity to use this or a similar type of pre-emergent shall be at the discretion of the 3 District's Inspector, and the type and method of use of the pre-emergent shall be submitted by the a Permittee for review and approval by the District's Inspector prior to use. C 43, The District's Schedule of Fees Ordinance is subject to change by the County Board of Supervisors. The E 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 c for any impact to contractual obligations the Permittee may have with any clients as a result of revisions k, to the Districts Schedule of Fees Ordinance. `o L m 3 Q M M M N 0 O r N N a0 N O Z w c 0 N .j O L a rs V d O N C 16 a. a N E Z V 16 Q Packet Pg. 537 S.E.d San Bernardino County Flood Control District Inspection Phone: 825 East Third Street, Room 108 (909)387-8014 San Bernardino, CA 92415-0835 )ection office shall be (909) 387-7995 - FAX(909) 387-1858 .ified two vvrimg days Prior to commencing permitted use. FAILURE PERMIT TO OBTAIN INSPECTION — o SHALL BE CAUSE TO ° VOID THIS PERMIT. AMENDMENT NO. 4 0 (n rn Amendment Issued: April 17, 2012 Amendment Expires: November 1, 2012 File: 2-305,2-307, G 2-364/2.04 m Permit No: P-22004058 T 3 s Permittee: City of San Bernardino Time Extension Fee: $237.00 0. 3 300 N. "D"Street a Sa Barns dirio, CA 924'io W i, Contact/Phone: Robert Eisenbeisz (909) 384-5203 L City Engineer 0 U Permit Activity: 1) Perform grading operations for future street improvements within District right-of-way, 2) m abandon and remove two of three existing 48-inch CMP turnouts from Wiggins Basin No. 1, o 3) construct a 60-inch RCP storm drain connection into the existing triple RCB at University w Parkway, and 4) install a 12-inch DIP waterline crossing above the Devil Creek Diversion o Channel, C/E Facilities: Wiggins Basin No. 1, Devil Creek Diversion Channel, C/E, and Devil Creek Channel a lendment Time extension M ication: North of Kendall Drive City/Community: City of San Bernardino N The District has no objection to a time extension and hereby amends Standard Provision No. 1 of the permit as o follows: r 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. 0 N In addition to the above, the District hereby adds General Provision No. 44 to the permit as listed on page 2 of this o amendment: 0 0 L All other provisions of the original permit and subsequent amendments shall remain unchanged. a m PERMITTEE'S ACCEPTANCE: DISTRICT APPROVAL: v Signature by the Parrnittee or Permittee's Authonzed Agent of this �- Permit shall Indicate acceptance of a1Lorft-provisions of the permit 06 — _;ice Pannittee's 5i aNre Date gEtJ'1N`gLAKESLEE r" eta Deputy Flood Control Engineer PRINT j1--- 1 \�Q� L �� U Q TrrLE x: FC pecto operations Supt In9peclpr 13-2200405 Packet Pg. 538 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, °o whether work is being performed or not, and inspection fees for the permit may be assessed c accordingly based on the time necessary to conduct the necessary site visits. N rn c U C V LL T 3 s (L N 7 Q E A U 0 0 U R C O U w 0 v `m 3 Q c> M O) r N 0 O r n N N r O Z N C O .y O L a m V N O N y C 16 IL C m E U U 16 Q Packet Pa. 539 r 0 O 0 U) LL Y IL N 7 a E R U L O W V U R L C O U w O L R 3 a M Cl) r N w O r n N 04 N I O Z w c O 2 0 O L IL A U d O U) ad Ul C R IL C E r U R Y a B.E.d Recording Requested by: SAN BERNARDINO COUNTY Recorded in Official Records,County of San earns lino 911512010- PM 'OD CONTROL DISTRICT „ LARRY WALKER 3'S0 �' E. THIRD ST. ,, Auditor/Controller – Recorder SAN BERNARDINO,CA.. P Counter 92415-0835 8.E.d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 0 State of California w Countyof&i nn Aarnardino vin 1 l / On nthe �� �u�Q before me, Au(ie 1tt � &iCr-BLt lWS Pbft�r4 f06 IL) U _ c Hera irtmn Nnma end r ne of,re Oifirar �— LL personally appeared k tic ; Nama,e)o5br.nda� Y a N a who proved to me on the basis of satisfactory evidence to E be the persono<whose name W/ (subscribed to the v within instrument and acknowledged to me that o he/ xecuted the same in his(hktf authorized ca )acity(i , and that by his*/tK signaturekon the instrument the persong or the entity upon behalf of c which the personklacted, executed the instrument. Cormarion t7M�tM I certify under PENALTY OF PERJURY under the laws .00 of the State of California that the foregoing paragraph is true and correct. a WITNESS my hand and official pal. M rn Signature Piyp Notary 90ai Pbave Sm . rr.of H M y J,IC N OPTIONAL 7nough Me Informatiwr below is not required by law, it may prove valuable to persons ralytng on the document r- and could prevent fraudulent removal and reattachment of this form to another document. cr 00 Description of Attached Document 0 Title or Type of Document: Z Document Date: _ Number of Pages: 0 .T Signers) Other Than Named Above: _ _._.__. _.. .o Capacity(fes) Claimed by Signer(s) n' A Signer's Name: Signet's Name: o. ❑ Individual L Individual to ❑ Corporate Officer—Tltle(s): ❑Corporate Officer—Title(s):_ °d ❑ Partner—❑ Limited ❑General -, Partner—❑Umited ❑General c ❑ Attorney in Fact ❑Attorney In Fact a 16 on of thumb here Tr Too d thumb here Il ❑ Trustee ❑ ustee _ ❑ Guardian or Conservator ❑Guardian or Conservator c d ❑ Other: ❑Other: E U Signer Is Representing: Signer Is Representing: _ Q i ozwTncmr„Iradrn�+mcn•auva ecro me.ro aox:eoe•aavmr.cn orals^eocvmm.NmbnNa�yae ken sSOOr iw xr:oor rarFmoi noo ors sa^r Packet Pg. 542 8:E.d EXHIBIT "A" DESCRIPTIONS CAMPUS PARKWAY-CITY TO COUNTY PARCELS o 0 co Parcel"A" That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps, F pages 52 and 53,Records of San Bernardino County, State of California, described as CD follows: U. Commencing at the most westerly comer of said Lot 15,thence North 32 009'29"East a along the northwesterly line of said Lot 15, a distance of 185.00 feet to the True Point of 3 Beginning; thence continuing along said northwesterly line of Lot 15,North 32°09'29" ° E East, a distance of 299.12 feet; thence leaving said northwesterly line South 57°50'31" v East,a distance of 23.69 feet to the beginning of a non-tangent curve,concave `o southeasterly,having a radius of 1900.00 feet,the radial point of which bears South 48147'03"East;thence southwesterly along said curve,through a central angle of L 9°03'28", an arc distance of 300.37 feet to the True Point of Beginning. c U Containing 2,356 square feet more or less. ° a L 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: N w 0 Commencing at the most northerly comer 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 N 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 z 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 4 5 022'37", a distance of 178.78 feet to said northeasterly line of Lot 15;thence North 64 155'58" West along said northeasterly line, a distance of 40.12 feet to the True Point aL° of Beginning. m m Containing 3,119 square feet more or less. ° y atS r C A a r C d E r R DEVII.CREEK LEVEE Q PARCELS 44-46 DOC#2)090/07001 JULY 21.2009 EXHIBIT "A" CONT'D Parcel "C" 0 A parcel of land lying within Section 7, (unsurveyed),Township I North, Range 4 West, San Bernardino Base and Meridian, lying within the Rancho Muscupiabe,per plat N recorded in Book 7 of Maps,page 23,records of San Bernardino County, State of 61 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 d County, and described as follows: ; SHEET '1 OF 2 /P. .C. MOB PARCEL 'B' J P .B. �s PARCEL 'B' AM SF // PARCEL 'A' // �A) o 2356 SF U) y r 44 / � �..�Oj/ Z D LL ? Q 3 a 45 7 D E � o p PARCE. A /-L / 0 0 Potc \ �! PARCEL 'A' OACT 2404 / w B. 34152-0 / N $ Do N \PO• / / O 'IS>. `SO' z o p40FES8 ' a` R * Exp. c 01411 .,P\ JpJ\ SCALE: 1"=100' � OFCA�� c .9 \ E L C AR114010EL TA RADIUS LENGTH EXHIBIT "1" 191Qj L1 N 32'09'29" E - 299.12 /T m 2 N 5T5o'31" W - 23.59 D.P. 2.300/41 ` N 32179'29' E - 169.27 1 N 6455'58" W - 40.12 L5 S 6455'58" E - 1 25.19 'I'RACT 10647 Cl 4=09173'28' 1900.00 300.37 C2 X0522'37" 1905.00 17878 M.B. 159139-40 /���� 0 5 SHEET 2 OF 2 �C SEARINGIDELTA RADIUS LENGTH S 63'03'25" W _ 158.77 EXHIBIT "B2" N 32109'J6" E 47.55 D.P. 2.300/42 L3 N 6455'58" W - 59.75 / L4 N 64'55'58" W - 54.61 °o C1 tN645558'56'57" 1650.00 62.94 o C2 56'58" 1900.00 64.64 �S•/ O� L5 5'58" E = 40.12 ypp��b� L6 ' W 100.73 �S ^` u C3 08'38" 1905.00 137.78 /' J� ps wV 1 16 LL 46 a D `° ° 5Q�p0� � V oho cj? �A G.E. SHERER ��h �� m COR. NO. 5 PARCEL *C, PER C.S. 1780 RIGHT OF WAY $Q$'p65 V> V 2395 S.F. 111.08' G o l� r S53 48'36'W 's a \ \ TP.oa o. TRACT 16509-7 A \ M.B. 331183-92 a SEE DETAL 'A' M W GR(1g��v o • 3 �} 0 ?. N N Exp. t * N O >< i SCALE: 1"=200' 11,90, eggs?B•KAIFOfCA o s o I / TRACT 2404 HM.B. 34152-53 4NO PER CS1i780 a ca \NS)�500 PDT / POB FOR CAMPUS PARKWAY / a �g / PER DOC. NO. 2005-0970212 / �" 55%��a• S E �FN�� �;g\ /r�/ / rPOa r `� PARCEL V ro u O y �, TRACT 10647 M.B. 159139-40 j ,\\ WAL 'A / A 0 0 0 N LL Y a N C CL E m U L O w v m L c O U 0 O L L m 3 ® M M Q1 T N w O • T n N CO N T O Z N C O .N O L a m d a y w'f C m a c E � U m } 8.E.d Rourded In 01I1e1al Records,County 01329 aaraardina 911412610 -QULSTED BY AND LARRY WALKER ALS AM LS .HEN RECORDED MAIL TO; AudhorlController — Recorder CITY CLERK P Counter CITY HALL ° 300 North"D"Street Titles: 1 Pages: 1 ° oaeN: 2010-0375915 San Bernardino,CA 92418 I �Illq�lll��l�l ll l�l l�l � Fena Taus 0.00 <n APN:0265-031-04&19,OlSl•241.15, 0tna, e.ae m 0261-231-24(PORTIONS OF) PPID se.ea c SPACE ABOVE FOR RECORDER'S USE LL FEE EXEMPT PURSUANT TO GOV.CODE SECTION 27383 EASEMENT Y EL 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 a BERNARDINO, a municipal corporation,AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AND APPURTEIsTANT m FACILITIES IN OVER CINDER AND ACROSS the real property in the City of San Scmardino,County of San Bernardino,State U of California,described as follows: `0 w SEE EXHIBITS"A" "Bl" "B2"AND "133"A17ACDED HERETO AND MADE PART FIEREOF m c SAN BERNAR COUNTY FL OD R DISTRICT 0 0-0 By 3 DATE: AUG 2 4 2010 Name:�C''�ry CHAIRMAN RGARII f1F plp�rrnn� M th r ACCEPTANCE ACKNOWLEDGEMENT OF GRANTOR(S): w y 0 This is to certify that the interest in the real Pmp�' STATE OF CAL OR.Nlt�dd']I3 r- convoyed by the within instrument to the City of San CO TY OF }5.5. N Rernardlno•California,a municipal corporation,is hereby eo acce accepted 6 order of the City Council, and tee 7��s.�//�-� p Y h Bran On_ T I b bcCure men consents to the recordation (hereof by its duly authorized ��^ a Q Z officer. Notary Public,Personally aPPeared rn C CITY OF SAN BERNARDINO who proved to me on the basis of satisfactory evidence to be the person(20 whose 'N name* is/are subscribed to the within instrument and acknowledged to me that 'O helshe4hay executed the same In hIs IWA4air authorized capaciry(ierl and that by By: hisflsetAkeir signatureW on the instrument the person(*a, or the entity on behalf of tZ City Cler wbich the perso0(s)acted,executed the instrume nt R ° ` L I certify under PENALTY OF PMURY under the laws of the State of to California the foregoing paragraph is true and correct. ad Date:__ W my hand and official seal. to ignature m a /gyp 9�1y E MINE. 1. 6 s U 15.02-1540-Campus Parkway Oonar4asloa (062141 o Notary Pablk.Callfornil Q DEVIL CREEK LEVEE ben 9emar4loo County PARCEL 40-43 Y cannon,Was S 27,2017 J DOC#2E090/07002 l_ Packet Pg. 548 8.E.d EXHIBIT "A" DESCRIPTIONS o CA.NIPUS PARKWAY 9 COUNTY FLOOD CONTROL DISTRICT TO CITY PARCELS U) rn Parcel"A"—Right of Way U G A parcel of land lying within Section 7,(unsurveyed), Township 1 North, Range 4 West, U- San Bernardino Base and Meridian,being a portion of the land described as Parcel "A" in 3 deed recorded June 7, 1974,Book 8447, page 1163, Official Records of the County of ii San Bernardino, State of California, described as follows; a Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its v 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; i Thence North 32 109'29"East,a distance of 225.00 feet to a tangent curve,concave 0 southeasterly,having a radius of 1850.00 feet;thence northeasterly, along said curve, o through a central angle of 19'42'10", a distance of 636.17 feet; thence North 38°08'22" a West, a distance of 55.00 feet to the southeasterly line of that parcel of land conveyed to 6 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 63 003'25"East, a distance of rn 133,42 feet;thence North 32 009'36"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 , o concave southeasterly, having a radius of 1905,00 feet,thence along said curve, through a central angle of 0I°56'58", a distance of 64.82 feet to the True Point of Beginning. N co N Containing 0.05 acres more or less. o z Parcel "B" -Right of Way o M 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 a deed recorded June 7, 1974,Book 8447,page 1163 Official Records of the County of San m Bernardino, State of California, described as follows; a Commencing at the centerline of Kendall Drive, distant thereon 1010423 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, m records of said County; a c m Thence North 32°09'29"East, a distance of 225.00 feet to a tangent curve,concave E 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 IL CREEK LEVEE P,%RCF.L 40-43 DOC»2EO90/07001 (.VTxu,uwRW£SUmSn,11�P.Nrypl-U+O.Cxupn 1'Mwy NW fwy�Ur Cwm3Al0„Lu,ml L1pWO3A-0.FV Id(w0•OfiXMVT10N CwM>US DA0.%WA V_ JULY21,2009 cOL- ZWO TO 0"PMciu DOC Packet Pg. 549 8.E.d EXHIBIT"A" CONT'D of 2000.00 feet; thence along said curve,through a central angle of 06'56'19", an arc c distance of 242.20 feet; thence North 29°15'05" West,a distance of 50.00 feet to the ° southeasterly line of that parcel of land conveyed to the San Bernardino County Flood U) Control District in deed recorded June 7, 1974 in Book 8447 of Official Records, page rn 1163, records of said County and the True Point of Beginning; thence northeasterly c along said southeasterly line from a tangent which bears North 72°44'42"East, along a curve, concave northwesterly,having a radius of 1100.00 feet,through a central angle of LL 05 022'20", a distance of 103.14 feet;thence North 67°22'22" East along said 3 southeasterly Une, a distance of 446.30 feet;thence leaving said southeasterly line, South a 74°57'37"West, a distance of 41.83 feet to a tangent curve, concave southeasterly, having a radius of 2055.00 feet; thence southwesterly along said curve,through a central E angle of 14°49'18", a distance of 531.61 feet to a non-tangent curve, concave R northeasterly,having a radius of 1100.00 feet,the radius point of which bears North v 16005'13" West; thence easterly along said curve, through a central angle of 01°10'05", a 0 distance of 22.42 feet to the True Point of Beginning. m c Containing 0.21 acres more or less. o U w 0 Parcel "C"—Right of Way ED Those portions of Sections 7 and 8,(unsurveyed), Township I North, Range 4 West, San Bernardino Base and Meridian,lying within the Rancho Museupiabe, per plat recorded in Book 7 of Maps, Page 23, records of San Bernardino County, State of California, and lying within the land described in document recorded in Book 4671,Page 364,Official Records of said County, and described as follows: `o Commencing at Comer Number 14, as delineated on the G, E. Sherer survey on file in the County Surveyor's Office as file number C.S. 1780; thence North 00°27'54" West N along the easterly line of that parcel of land conveyed to the City of San Bernardino as Parcel One by instrument recorded in Book 724 of Deeds,page 8 in the Office of the ° z Recorder of said County, a distance of 20.63 feet to the northerly boundary of the J. R. Munn, Jr. property(136.350 acres, more or less), as delineated and shown on that certain g map filed in Book 21,pages 98 and 99, of Records of Surveys, in the Office of the County Recorder of said County, and the True Point of Beginning;thence along said northerly boundary,North 67°58'28"East,a distance of 168.69 feet;thence South o_ 36°16'00"East, a distance of 286.77 feet; thence North 67D43'19"East,a distance of 25.64 feet to the beginning of a non-tangent curve, concave westerly,having a radius of o 560.00 feet, the radial point of which bears South 84°46'40" West;thence leaving said ca northerly boundary and northwesterly along said curve, through a central angle of " 16°31'54", a distance of 161.58 feet;thence North 21'45'0" West, a distance of 206.49; M thence South 68014'4T'West,a distance of 120.00 feet;thence South 23°I4'47" West, a a distance of 39.60 feet; thence South 68 114'47"West, a distance of 1 17.46 feet to the c easterly line of said Parcel One; thence along said easterly line, South 00°27'54"East, a E distance of 65.74 feet to the True Point of Beginning. _ OEM CREEK LEVEE U 16 FARCEL 4043 Containing 0.98 acres more or less. noc a 2E090/07002 a JULY 21,2007 COpNn .Eaw!• (5.o2 n• W-Cwnp„YRVy RW S+ry�kRCwiuyAbu fv,,.r.L."A90'.•R.uVl.1bW.OFSG0.1PfI0N C.W PUS PARK',v 1\'. COiMY MOOD 0[ Y DA [ L.000 Packet PA. 550 S.E.d EXHIBIT "A" CONT'D Parcel"D"— Right of Way 0 0 That portion of Lot 15 of Tract No. 2404 per plat thereof recorded in Book 34 of Maps, 0' 0 pages 52 and 53,Records of San Bernardino County, State of California, described as V) follows: G U C Commencing at the centerline of Kendall Drive, distant thereon 1010.23 feet from its LL intersection with the centerline of Deerfield Street, as said street is delineated on the Map 3 of Tract No. 10647, per map thereof recorded in Book 159 of Maps,pages 39 and 40, Y records of said County; w C CL Thence North 32°09'29"East,a distance of 225.00 feet to a tangent curve, concave E southeasterly,having a radius of 1850.00 feet; thence northeasterly,along said curve, v through a central angle of 9 103'28", a distance of 292.46 feet;thence North 48'47'03" West, a distance of 50.00 feet to the southwesterly line of that parcel of land conveyed to v the San Bernardino County Flood Control District in deed recorded February 4 1957 in Book 4147,page 458, Official Records of said County and the True Point of Beginning; o thence along said southwesterly line, South 58°19'02"East, a distance of 1.34 feet; w thence North 32°08'53"East,a distance of 8.28 feet;to the beginning of a non-tangent °o curve, concave southeasterly,having the radius of 1900.00 feet,the radial point of which 3 bears South 48°31'52"East; thence southwesterly along said curve, through a central a angle of 00'15'1 V, a distance of 8.39 feet to the True Point of Beginning. I M rn Containing 6 square feet more or less. N w I O �9 pROFES3l0 N FYW.GR �Fy z° N C ,µ XP 03-31-2011 03-31-2011 LA y CNI� O l,�fF 0�FCAf p: a m U Q Q N 16 0 C M IL c E L DEVIL CREEK LEVEE U PARCEL 10.43 N DOC M ZEM/07002 Q JULY 21,7°09 fWn...... 141 1-DESCWYt10"C.\SIP US PAkK*AY. Gpli"TY iLOOD TD CRY PM('ELS.DOG Packet Pg. 551 r _ IF BEARING......EL7A RADIUS LENGTH SHEET 1 OF 3 _1 N 63'03'25" E 133.42 L2 N J209'36' E - 61.10 LJ N 645558" W - 59.75 L4 N 6455'58" W - 54.51 00 L5 N 645558" W - 25.16 4�o��6� y L6 S 5879'02" E - 7.J4 U N 3208'53' E - 8.28 L8 N 63 '25" E - 158.77 c L9 N 53 4836" E - 12167 CQ w4 Li LIO N 32'09'36" E - 308.96 / Q T C1 A-0156'58" 1850.00 62.94 �G+,�O �10 C2 A= 9ti�� 6 01'56'58" 1905.00 64.82 Q �, ool R 0 a C3 4=0075'11" 1900.00 8.39 4� 01 C4 A=09 03'28" 1850.00 292 46 �4Qy 4 w tS `�tt U / p R G.E. SHERER COR. NO. 5 0 `?��yt Cj C 43 o PER C.S. 1780 PAMEL a. w a PAFM'A'UtA ACB r I N / �• PAFif+9 D' , •N` N o NOW OF WAY 0 Si % N ����'• 1 ao DF�L' ,q/yeti a 1'sq �s`. DFTAL A' z /,rte / ✓ // C.E. SHERER C0R u / •�/ / l 1 TRACT 2404 N0. 4 PER C5.f78D m M.B. 34152-53 .09 ?� titi P.0 rjF0f'A, / a :) W.N CE.2 5 °XHIBIT "Bl" t�\ J � aJ, Exp. J)) a J.P. 2.300/36 C IT TRACT 10647 —�; � OF C" SCALE: 1"=200' M.B. 159139-40 Packet- %.=552 c� a EXHIBIT "B2" D.P. 2,300/37 ° 0 b O an ------ - - as - ------- / �-'�h - - cvua � h5'iB.W E \ 41 / �N_ 51352 .y �� �Nl7 m B I 11 o N u^ �R)' CID ' L 1 > U O� ti w d W O \ ! L co h M .E SR�,: \°a 29��%�5,•% t� �A � N �s "a h m N °' N 522,3? 0 0 $ cm J a\A 0 o Z Q� F' ^ 1�- � 3> G • N • C � =••1 N iw1 N Qf m O O CL U 7Ql GI CL V $ 0\�`i+ c \ o� •� �vj \r �O¢ f Paibtr�t Pg.553 Eli n w ._ oil ry Z w c� n 2: C w w Stii u. moo\ v zm a N ywI" a E m iE-z ca vp °o +"o 509'32'53oE 411.10' O, ♦ � Z U k7 N u'1 M N 0 $ az N21'45 611 1 a o E 6 1 m a r �ti • � a 3 yo �16p0 \ li,� m s �+ A 42 vmi ac 3 3 WW < 3 • . o, v .Q'i vmi 3 m M rn r^ T L N01103Sz o 00 V N N M w 2 ,3 � _ t d, •�S'� f1 dW �' 1� Z -A m 1` r r r FZr� Z 0 Q CL 521 45 0 N0077'54"W �� 6174 24.25 9.61' 57.66 w 5°i N 0 a b CL b W\ r 1q N toi R x d r <N m d C Z qc.� N .. � G t �. �� .T� o un EXHIBIT "BY' Z s D.P. 2.300/40 50 U Paclie Pg. 554:: 8.E.d Y Recorded In(IMalal Records,Coany at Sul Bernardino 9114 12 81 0 REQUESTED BY AND '�,,'��°� LARRY WALKER 10:13 AM WHEN RECORDED(NAIL TO: S � Auditor/Controller - Recorder ALS CITY CLERK P Counter CITY HALL 0 soa Korth"D"Street DoeN: 2010-075916 rinse: 1 Popes: 3 0 San Bernardino,CA 92418 M F CD APN:Pon.of 0261-231-04 111111111111111111111111111 1 other e.00 � SPACE ABOVE FOR RECORDER'S USE FEE EXEMPT PURSUANT TO r` GOY.CODE SECTION 27383 EASEMENT 3 Y IL FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,SAN BFRNARDU40 COUNTY FLOOD N CONTROL DISTRICT,a body corporate and politic of the State of California,hereby GRANTS to the CITY OF SAN a BERNARDINO, a municipal corporation,AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AND APPURTENANT E FACILITIES IN OVER UNDER AND ACROSS the real property in the City of San Bernardino,County of San Bernardino,State t j of California,described as follows: o w SEE EXHIBITS"All AND"B" ATTACHED HERETO AND MADE PART HEREOF � c SAN BEAN COUNTY FL ;'flTRICT ° U r- C . BY� m AUG 2 4 2010 3 C.OVitf HAIRMAN,BOARD OF DIRECTORS a DATE: Name: M M W I ACCEPTANCE ACKNOWLEDGEMENT OF GRANTOR(S): N 0 o This is to certify that the intcrmt In the real property STATE OF CALL conveyed by the within instrument to the City of San COUNTY OF N }S.S. n` Qom.�_ Bernardino,California,a municipal corporation,is hereby m accepted by order of the City Council, and grantee n U �(� 1616 before me,Eno Y consents to the recordation thereof by Its duly sudnoriuA '-""r`"'-- ° officer. Notary Public,personally appeared i6 Z N CITY OF SAN BERNARDINO — °— who proved to me on the basis of satisfactory evidence to be the person(%) whose .y munch) Is/are subscribed to the within instrument and acknowledged to me that > hdsh.4hey taccutd e the same in hivUeAlmir authorized capacity(ici), and that by 0 By: his(hosAlisir signalurq* sm the instrument the person(%), or the entity on behalf of d City 'le w(ye which the person(o acted,executed the instrument. R U N 1 certify under PENALTY OF PERJURY under the laws of the State of CL U) /l California the foregoing paragraph is true and correct, ad Date: w WITH S y h;ud;md official seal. rs a r ar SiRiatura E T AT&W OR SEAL v m 15.02.1540-Campus Parkway ANNETTE M.TAYLOR Q Corn 111108 ort 0 ue2r4r DEVIL CREEK LEVEE Rotary Public-Commit PARCEL 39 $an Bernardino County D00O2EO90/07001 Cornet. es a 23,20 31 r Packet Pg. 555 8.E.d EXHIBIT "A" DESCRIPTION c Right of Way °N' 0 U) That portion of Lot 16 of Tract No. 2404,per plat thereof recorded in Book 34 of Maps, to Pages 52 and 53,records of the County Recorder of San Bernardino County, State of c California, described as follows: LL Beginning at the Southeasterly Comer of said Lot 16; 3 (L a Thence North 32° 09' 29"East along the southeasterly line of said Lot 16,a distance of 3 34.76 feet; E E Thence leaving said southeasterly line South 77° 09' 56"West,a distance of 35.01 feet to v a line that is 10 feet northerly of and parallel to,as measured at right angles,the southerly 0 line of said Lot 16; m c Thence North 57° 49' 36"West along said parallel line, a distance of 75.23 feet,to the v westerly line of said Lot 16; o a Thence South 32° 09' 36"West along said westerly line,a distance of 10.00 feet,to said 3 southerly line; C M Thence South 57° 49' 36"East along said southerly line,a distance of 100 feet to the T Point of Beginning. N w Containing 1,306 square feet more or less. ° N Co N O Z N C p&0FE38jO q W.OgpB Wyk o' Q. No E•27 A U Exp. a ,lr CIM «y �rFOF CAIt�D� c to a C DEVILCREEKLEVEE d E PARCEL 39 DOC#2EO90/07001 to JULY 21,2009 Q C,ilMcumantslAW-faaamtna(11,02.)111.03-1340-Campus Pkwy RW Swap w th CountYWMt Cuamt-8.2009103A-REV 1-16- 09.DESC)UPTION CAMPUS?KY.KENUALL DR LOT 16 CORNER.00C Packet Pg. 556 I I I 7A 55' I 0 m Right of Way Scale C0 Parcel One: 1,306 sq. ft.t 110 0) c I U C LL r^' ; T �4Z?K �' Y e N 57'49 WW CL J l0 557'4535'E Poe 0 a, log u I Detaff 'A' o, (N.T.S.) c .°� a FI �I ® DEDICATED TO THE CITY OF SAN BERNARDINO m PER DOC. NO. 2005-0404290 Q 50' i 50' C O DEDICATED TO THE CITY OF SAN BERNARDINO ./�+ , PER DOC. NO. 2005-0 49 861 6 Cl) / 17 V 514 14 © DEDICATED TO THE CITY OF SAN BERNARDINO PER DOC, NO. 2005-0502874 N Q I o 0_ w pROFESSipyq r- Fyw.ca�� ib a C4 oil vi o,CE• 7 a a Z (.� NI N * E%p. 1 ,�, C y, o ;Dotfift s CNII a. w A' zl B jATFOFCA>.��a o a m g I roe 1010_23' to C/L DEERFIELD STREET_ 0 —IV 57' 49 36" i KENDALL DRIVE c a. R EXHIBIT "B" a D.P. 2.300/35 E r a a Proposed Right of Way — Portion of Campus CITY OF SAN BERNARDINO Parkway. Northerly of Kendall Drive PUBLIC WORKS/ENGINEERING (APN 261-231-04) REAL PROPERTY SECTION Picket'Pg. 657 S.Ee 0 PROJECT LOCATION cn SURVEY DOCUMENTS O C LL T Y a w C CL E m U 0 w v m c O U w 0 a m 3 a M 01 T_ N 0 O N r N co N I O Z N c O .N O a m d o. 06 N . C m a c m E r m m V a Packet Pg.-SW S.E.e SURVEY MONUMENT PRESERVATION GUIDELINES CALIFORNIA LAND SURVEYORS ASSOCIATION & CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORNIA Joint Professional Practice Committee - Riverside/San Bernardino and Desert Chapters (In Cooperation with the Riverside &San Bernardino County Surveyors Office) r 0 0 ao PREFACE: U) y m All work is to be performed by a person or under the supervision of a person authorized to practice u Land Surveying (refer to Sub-section 6-1.10 "SURVEYING SERVICE" of these Special Provisions). r LL All new and replaced survey ties shall be by transit method. >1 Y The following regarding public works construction in the Public Right of Way is extracted from letter W from the above agencies, dated April 13, 2007: E A U NEW & RECONSTRUCTION PROJECTS o Y A. PRIOR TO CONSTRUCTION (1.) The survey crew shall diligently search for all survey monuments of record and on the 0 surface of the road. It is suggested (that)the search(sh)ould include the use of a metal c detector. When the detector indicates the possibility of a buried survey monument,then digging below the surface to uncover the monument within 2" of the road surface is a recommended. M M (2.) The survey crew shall properly reference all found survey monuments, which may be disturbed or covered during construction, to stable surface points. w w N (3.) The authorized surveyor shall properly complete a Comer Record or Record of Survey for the monuments noted in(I)tem (2.), above. Prior to the start of any construction work, the original or a print of the Corner Record or Record of Survey shall be submitted to the County Surveyor for review, signature and filing. ° Z N C B. AFTER CONSTRUCTION AND PRIOR TO RECORDING 4 An NOTICE OF COMPLETION o L 1. All covered and disturbed monuments shall be reset with the same or more durable type of monument as the original, in the surface of the construction. Key monuments shall be d a minimum I" inside diameter iron pipe of appropriate length. a N 2. A monument box or other protective structure is recommended to be placed around key c monuments (section comers, quarter section corners). a 3. The authorized surveyor shall properly complete a Corner Record of Record of Survey for all set monuments with a change in character, including tag number, and submit it to E the County Surveyor for review, signature and filing. a NOTE: Parentheses above indicate changes to original text. Packet Pg.569 '` S.E.e_r 0 0 ao 0 N c CONTRACT U- AGREEMENT a N 3 6 E c6 U L O w v R L c O lu U w O L 3 Q M M T N w O N r- N co N I O Z N C O .y O L a R d CL U) o'f w c m CL c m E . L Q Packet Pg.560 AGREEMENT CITY OF SAN BERNARDINO T co O THIS AGREEMENT is made and concluded this day of 20. between the ai City of San Bernardino(owner and hereinafter"CITY"),and (hereinafter "CONTRACTOR"). LL 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 a which is hereby acknowledged,the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper c cost and expense in the Special Provisions to be famished by the CITY, to furnish all materials, tools and E to equipment and perform all the work necessary to complete in good workmanlike and substantial manner the 0 0 FENCING IMPROVEMENTS 8 AT SAN BERNARDINO COUNTY w FLOOD CONTROL DISTRICT RIGHT-OF-WAY o ALONG THE NORTHWEST SIDE OF CAMPUS PARKWAY a (SS 08-001 ) M M �, 01 r in strict conformity with Plans and Special Provisions No. 12827 , and also in accordance with Standard c Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised "Notice N 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. z° N C 2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as 3 full compensation for furnishing all materials and doing all the work contemplated and embraced in this o agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen a` difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of R every description connected with the work; also for all expenses incurred by or in consequence of the suspension o or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner w and according to the Plans and Special Provisions,and requirements of the Engineer under them. c 3. The CONTRACTOR herein covenants by and for himself or herself,his or her heirs, executors, a administrators, and assigns,and all persons claiming under or through them, that there shall be no discrimination d w against or segregation of, any person or group of persons on the basis of race, color,national origin,religion,sex, t 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 a } 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. 8.E.e 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 o employ the said CONTRACTOR to provide the materials and to do the work according to the terms and o conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the N 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. c d 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 x nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. y a E 0 IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) o counterparts, each of which shall be deemed an original in the year and day first above mentioned. U R L C O CONTRACTOR CITY OF SAN BERNARDINO w 0 NAME OF FIRM: v m 3 BY: a ANDREA TRAVIS-MILLER M Acting City Manager BY: N w O N TITLE: ATTEST: N 00 N r MAILING ADDRESS: o Z w C O GEORGE ANN HANNA �+ City Clerk o a. m U 0) CL N PHONE NO.: APPROVED AS TO FORM: 06 N C a ATTEST: a. JAMES F.PENMAN, City Attorney E v Secretary =° NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. 111%* �56 - co O —+? co CD Ol C 'v c LL Y IL N 7 a E R U L O w Y U R L Y C O U 0 O A i a Cl) M Of r N w O N n N co N r O Z N C O .y O L IL U N Q y Od N C R a c 1 E u R Y a �I I