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HomeMy WebLinkAbout2014-037 BOUND AGREEMENT RESOLUTION NO. 2014-37 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CONTRACT WITH GMZ ENGINEERING 3 INC. FOR REMOVAL OF EXISTING SHORING AND INSTALLATION OF 4 REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARD, BRIDGE NO. 54C-0066, PER PLAN NO. 5 13007. 6 WHEREAS, the City desires to remove the existing shoring and install replacement 7 temporary shoring for Mount Vernon Avenue Overcrossing at the BNSF Yard, Bridge No. 8 54C-0066,per Plan No. 13007) (Project); and 9 WHEREAS, the City, on December 14, 2013, issued a request for bids for said 10 11 Project; and 12 WHEREAS, on January 14, 2014, bids were received from two (2) Contractors; and 13 WHEREAS, the bid submitted by GMZ Engineering Inc. has been determined to be 14 the lowest responsible bid and the bid best meeting the needs of the City. 15 NOWTHEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 16 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 17 SECTION 1. GMZ Engineering Inc., 5739 Kanan Road. #134, Agoura Hills, CA 18 91301, submitted the lowest responsive and responsible bid for Removal of Existing Shoring 19 20 and Installation of Replacement Temporary Shoring for Mount Vernon Avenue Overcrossing 21 at the BNSF Yard, Bridge No. 54C-0066, per Plan No 13007. 22 SECTION 2. The Director of Administrative Services is authorized and directed to 23 amend the FY 2013/14 Budget to transfer $181,000.00 from Account No. 264-160-5504- 24 7121-0025 "Mt. Vernon Bridge Replacement, SSO4-012" to Account No. 264-160-5504- 25 7947-0025 "Mt. Vernon Bridge Shoring Repair." 26 27 /// 28 /// 1 2014-37 SECTION 3. The City Manager is hereby authorized and directed to execute the 1 2 Contract with GMZ Engineering Inc., a copy of which is on file in the office of the City Clerk, 3 and incorporated herein by reference. 4 SECTION 4. Pursuant to this determination, the Director of Administrative Services 5 or his designee is hereby authorized to issue a Purchase Order for Removal of Existing 6 Shoring and Installation of Replacement Temporary Shoring for Mount Vernon Avenue 7 8 Overcrossing at the BNSF Yard, Bridge No. 54C-0066, per Plan No 13007, in the amount of 9 $139,150.00 with a contingency amount of$21,000.00. 10 SECTION 5. The Purchase Order shall reference this Resolution and shall read, 11 "GMZ Engineering Inc. for Removal of Existing Shoring and Installation of Replacement 12 Temporary Shoring for Mount Vernon Avenue Overcrossing at the BNSF Yard, Bridge No. 13 14 54C-0066, per Plan No 13007, not to exceed $139,150.00" and shall incorporate the terms and 15 conditions of this Resolution. 16 SECTION 6. Said Agreement shall not take effect or become operative until fully 17 signed and executed by the parties and no party shall be obligated hereunder until the time of 18 such full execution. No oral agreements, amendments, modifications or waivers are intended 19 or authorized and shall not be implied from any act or course of conduct of any party. 20 21 SECTION 7. The authorization to execute said Agreement is rescinded if the parties 22 fail to execute it within sixty (60) days of passage of this Resolution. 23 /// 24 /// 25 /// 26 27 28 2 2014-37 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING A CONTRACT WITH GMZ ENGINEERING INC. 2 FOR REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE 3 OVERCROSSING AT THE BNSF YARD, BRIDGE NO. 54C-0066, PER PLAN NO. 4 13007. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting 7 thereof, held on the 18 thday of February , 2014,by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 JENKINS X 12 VALDIVIA x 13 SHORETT X 14 NICKEL _X 15 16 JOHNSON X 17 MULVIHILL X 18 1 19 George Hanna, ty Clerk 20 The foregoing resolution is hereby approved this a,¢ day of February , 2014. 21 22 '46.-1■■■■ 23 Patric, J. Morris, San Bernardino 24 25 Approved as to form: GARY D. SAENZ, 26 City Attorney 27 Bps... ! . 1 28 3 COUNCIL MEETING 02/18/2014 O �&41, 1Z ITEM #5M FILE NO. 1.7947 RESOLUTION NO. 2014-37 ACCT NOS. 264-160-5504-7947-0025 CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 13007 FOR REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS. BRIDGE NO. 54C-0066 r 4 \ f ' y , DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO DECEMBER 2013 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON JANUARY 14 , 2014 it e7'X &r FILE NO. SSO4-012 ACCT NO. 264-160-5504-7121-0025 4 .4 A CI San Bernal'I ino DIVISION OF PUBLIC WORKS DEPARTMENT OF DEVELOPMENT SERVICES CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. ONE FOR BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 13007 FOR REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARD. BRIDGE NO. 54C-0066 1. The BID OPENING DATE is confirmed as TUESDAY, JANUARY 14, 2014, at 2:00 P.M. in San Bernardino City Hall, 3rd Floor, 300 N. "D" Street, San Bernardino, CA 92418. 2. Regarding the Mandatory Pre-Bid Meeting on January 7, 2014 from 9:00 AM to 11:00 AM, at the end of the last paragraph on page A-2 of the Special Provisions, the following statements are hereby added: "Attendees must bring with them all required Personnel Protective Equipment (PPE). Attendees who are not properly attired in the required PPE will NOT be allowed into BNSF's yard. Hard Hats, Safety glasses with side shields,Work Boots with safety toes and defined heels and orange reflective safety vests are the minimum PPE for this Pre-Bid Meeting. The Pre-Bid Meeting will be held in the BNSF Rail Yard. Meet at the BNSF parking lot on the south side of Fourth Street west of Mt. Vernon Avenue. Re: Addendum No.One,Page 2-Removal of existing shoring and installation of replacement temporary shoring for Mount Vernon Avenue Overcrossing at the BNSF Yard.Bridge No.54C-0066 ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. ONE AT THE BOTTOM OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF THESE SPECIAL PROVISIONS. BY: t. DAVE: t 4,. "Ai0t t7 ROB 1'G. EISENBEISZ City Engineer ADDENDUM NO.ONE PAGE 2 of 2 PLANS AND SPECIAL PROVISIONS NO.13007 DECEMBER 26,2013 DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS The "Bid and Contract Documents" for this project consists of three (3) Parts as follows: PART I — Administration PART II — Special Provisions & Appendix The above two (2) parts are bound together in one (1) manual titled "Bid and Contract Documents" PART III — PLANS, One (1) separately bound set DRAWING NO. 13007 -- SHEETS 1 - 13 REMOVE EXISTING SHORING AND INSTALL REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS.BRIDGE NO.54C-0066 PLANS&SPECIAL PROVISIONS NO. 13007 CITY OF SAN BERNARDINO Contents for Bid and Contract Documents.doc TABLE OF CONTENTS PART I ADMINISTRATION NOTICE INVITING SEALED BIDS A-1 BID DOCUMENTS BID FORM B-1 BID SCHEDULE B-2 BIDDER'S INFORMATION AND SIGNATURE & BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-1 SPECIAL NOTICE C-2 DESIGNATION OF SUBCONTRACTORS C-3 TRAFFIC SIGNAL VENDOR INFORMATION C-3A WORKERS' COMPENSATION INSURANCE CERTIFICATION C-4 NON-COLLUSION AFFIDAVIT C-5 FORM OF BID BOND C-6 MBE/WBE INFORMATION - GOOD FAITH EFFORTS C-19 REFERENCES PART II SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 - SPECIFICATIONS AND PLANS SP-1 SECTION 2 - BID REQUIREMENTS AND CONDITIONS SP-5 SECTION 3 - AWARD AND EXECUTION OF CONTRACT SP-11 SECTION 4 - CONSTRUCTION DOCUMENTATION,COMMENCEMENT OF WORK TIME OF COMPLETION&LIQUIDATED DAMAGES SP-13 SECTION 5 - LEGAL REQUIREMENTS SP-15 SECTION 6 - GENERAL SP-22 SECTION 7 - UTILITIES SP-33 SECTION 8 - DESCRIPTION OF WORK SP-38 SECTION 9 - TRAFFIC CONTROL SP-42 SECTION 10 - MOBILIZATION SP-46 SECTION 11 THROUGH 49-INTENTIONALLY LEFT BLANK SECTION 50 -REMOVE EXISTING SHORING AND REINSTALL PER PLANS AND SPECIFICATIONS NO. 13007 AND AS DIRECTED BY THE ENGINEER SP-49 APPENDIX BURLINGTON NORTHERN AND SANTA FE(BNSF)PERMIT REQUIREMENTS STATE OF CALIFORNIA,DEPARTMENT OF INDUSTRIAL RELATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION STATE OF CALIFORNIA STANDARD PLANS AND REFERENCE PLANS/MEMOS CONTRACT AGREEMENT PART I ADMINISTRATION Engineer's Estimate(Range Only): $50,000 to$100,000 NOTICE INVITING SEALED BIDS CITY OF SAN BERNARDINO Owner NOTICE IS HEREBY GIVEN that the City of San Bernardino (CITY) will receive bids for: REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS. BRIDGE NO. 54C-0066 in accordance with the Plans and Special Provision No. 13007 on file in the Office of the City Engineer, Third Floor, San Bernardino City Hall, 300 N. "D" Street, San Bernardino, CA 92418. Plans and Special Provisions shall be provided in portable document format (pdf) on compact disc (CD) upon registering with the City of San Bernardino, Public Works Department, at the above location, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday. There is no charge for the Plans and Special Provisions on CD. Upon request, a CD of the Plans and Special Provisions may be mailed for an additional fee of$10.00. These electronic documents shall also be available to be downloaded (copied) from the CITY's website at http://www.ci.san- bernardino.ca.us/services/requestfor bids/public works/default.asp. It shall be the responsibility of firms wishing to bid on this Project to provide a firm name, physical address, contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan Holders. The above listed information and confirmation of receipt of any issued addendum to the City Engineer's Office shall be submitted to the CITY a minimum of one (1) business day prior to the scheduled day of the Bid Opening. Only those firms listed on the CITY's "LIST OF PLAN HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for this Project. Any Addenda shall be issued by e-mail to those on the CITY's "List of Plan Holders". Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and "SEALED BID " clearly marked on the outside of the envelope A-1 Said bids will be received up to the hour of 2:00 p.m., on, Tuesday, JANUARY 14, 2014, at which time all of said bids will be publicly opened, and examined and declared in the City Engineer's Conference Room, Third Floor, City Hall. No bid will be received unless it is made on a bid form furnished by the CITY with the unit prices shown in figures for each item, and with the total of each item and total of all items extended and inserted in the spaces provided. The Contractor shall possess a Class "A" License or Appropriate Specialty License(s) at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 50 % of the contract price. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore, the CITY and the bidder agree that the above sum of ten percent shall be paid to the CITY upon the condition above set forth as liquidated damages and not as forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U. S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 10263 and Section 22300 of the California Public Contract Code. A Mandatory Pre-Bid Site Meeting will be held on Tuesday , January 7, from 9:00 AM until 11:00 AM., at the BNSF Railroad Yard on Fourth Street. This meeting is to provide information, to answer questions, to inform bidders of MBEs/WBEs subcontracting and material supply opportunities, and to make the prime Contractor aware of the CITY's outreach program as it relates to minority and other disadvantaged business hiring and participation. Prospective Bidder's attendance at this meeting is required. Attendance and/or certification may be used as part of the good faith effort. A-2 The CITY contract goal for this project is and 15% for minority owned business utilization and 5% for female owned business utilization. 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.dotca.gov/hq/bept Pursuant to law, the Mayor and the Common Council of the City of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to and made a part thereof by references as fully as though set at length herein, have ascertained and determined the general prevailing rate per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type work of workman needed in the execution of contracts under jurisdiction of said Mayor and Common Council. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/dirdatabases.html. General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are also referenced and made a part thereof It shall be mandatory upon the Contractor to whom the contract is awarded and upon any sub- contractor under him to pay not less than specified rates to all laborers, workmen, and mechanics employed by them in the execution of the contract, and to prevent discrimination in the employment of persons because of race, creed, color, or national origin, as set forth in the provisions of Resolution No. 7414 of the Mayor and Common Council of the City of San Bernardino. This project is subject to requirements for the employment of apprentices registered with the California Department of Industrial Relations, Division of Apprenticeship Standards. Additional information can be obtained at http://www.dir.ca.gov/DAS/PublicWorksForms.htm. The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations from contract specifications, or to reject any and all bids. No bidder may withdraw his bid within 60 calendar days from the date of the bid opening. The CITY reserves the right to take all bids under advisement for a period of 90 calendar days. A-3 Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City of San Bernardino City Engineer's Office Public Works Department 300 North"D" Street, Third Floor San Bernardino, CA 92418-0001 SUBJECT: REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS. BRIDGE NO. 54C-0066 Attention: Mirela Grigorescu Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: grigorescu_mi @sbcity.org Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after the bid opening, will not be treated as a bid protest. Written responses will only be provided to written questions. No written response will be provided to verbal questions. CITY OF SAN BERNARDINO GEORGEANN HANNA City Clerk NOTICE TO ADVERTISE: SPECIFICATION NO. 13007 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE 12-14-2013 & 12-19-2013, (FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION) SIGNATURE DATE A-4 BID DOCUMENTS BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location 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 REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS. BRIDGE NO. 54C-0066 in strict conformity with Plans and Special Provisions No. 13007 of the Department of Public Works for the City of San Bernardino and also in accordance with Standard Specifications for Public Works Construction, latest edition in effect on the first day of the advertised"Notice Inviting Sealed Bids". The undersigned proposes and agrees if this bid is accepted, that he will contract with the City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: B-1 BID SCHEDULE PLANS&SPECIAL PROVISIONS NO. 13007 REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS. BRIDGE NO. 54C-0066 ESTIMATED TOTAL ITE NO. DESCRIPTION OF ITEMS UNIT QUANTITY M FIGURES 1 MOBILIZATION LS 1 $1 ..)650' _ TRAFFIC CONTROL INCLUDING MT.VERNON BRIDGE 2 CLOSURE/DETOUR PER PLANS AND SPECIFICATIONS NO. LS 1 $ 14 O Oe 13007 AND AS DIRECTED BY THE ENGINEER. REMOVE EXISTING SHORING AND REINSTALL PER PLANS .�_.._ 3 AND SPECIFICATIONS NO.13007 AND AS DIRECTED BY THE LS 1 $ 1 t i+_5 Q ENGINEER TOTAL BID $ 139, 15©. -- 64\- o nc H duo/ "Mr (1-_i a,/ !.0 stQ N a)1114J �c Ili�.N 'I' B-3 BID SCHEDULE PLANS& SPECIAL PROVISIONS NO. 13007 REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS. BRIDGE NO. 54C-0066 BID NOTES: All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices shall govern over extended"TOTAL"amounts. Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to complete the project, as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID DOCUMENTS section as their bid to the CITY. Failure to do so will result in the bid being non-responsive. Any situation not specifically provided for will be determined in the discretion of the City of San Bernardino (CITY), and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY respecting the amount of a bid,or the existence or treatment of an irregularity in a bid,shall be final. BIDDER declares that this Bid is based upon careful examination of the work site, Bid and Contract Documents,including,but not limited to,the fees and expenses of other agencies involved with this project. The Contractor shall be responsible for BNSF and Metrolink Permit Fees and the cost of Railroad Insurance acceptable to both companies.The Contractor is responsible for obtaining all required Railroad permits. Estimated quantities are for the purpose of comparison only, and payments will be made on a basis of actual measurement of work completed except for Lump Sum (LS)and Final(F)pay quantities. Final pay quantities are bid items as described in Part II of these Special Provisions. Specialty Bid Item(S) are bid items that are considered part of the Total bid but are not considered part of the Contractor's obligation to perform at least fifty percent(50%)of the work as specified in Section 2-3.2, "Additional Responsibility,"of the Standard Specifications. B-4 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 40 working days from the date of said notice, as directed in SECTION 4 of these Special Provisions.. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, LICENSE EXPIRATION FEDERAL TAX ID NO.:g j 6 2 - CLASSIFICATION(S): Pt DATE: 1?-/3V,AO)5 # Ii-5 -3 -$5 0$1 FIRM NAME: G M Z 1 nee r 1 rLQ \n C• _ BUSINESS ADDRESS: 5 7-31 Kct yon Ra. I34 D CA (3 j BUSINESS PHONE: $■`j-)-$ r-5(A0 FAX: 81'61361-6160 CELL: 909-1— If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners composing the firm. If a corporation,give the names of the president,secretary,treasurer and manager thereof: COY OYzk i∎(o� Is Bidder currently a certified DBE? Yes U No Legal Status of Firm NAME(S) ADDRESSAEJ C-,\ ft&\ccirAK 36 1 F09uA0061 fir. D NrK x( 13 3 � SIGNATURE OF BIDDER: Dated: 3Qn• 14 ._�,20_ lr BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 DATE: 1 ? / o(f 3 ADDENDUM NO.2 DATE: ADDENDUM NO.3 DATE: ADDENDUM NO.4 DATE: C-1 ****************************************************************** SPECIAL NOTICE ****************************************************************** The bidder's attention is directed to the section entitled, "Required Listing of Proposed Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for signal and lighting work as in the past, all subcontractors are now to be listed in the Designation of Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-half of one percent of the total bid or$10,000.00,whichever is greater. The bidder shall provide the actual dollar "Sub-Contract Amount" as submitted by each listed sub-contractor, keeping in mind that the prime contractor for this project is required to provide or perform, with his own organization, except for "Specialty Items", contract work amounting to at least 50% of the total contract bid price. Material required for any of the contract work of this project that is purchased directly by the prime contractor is considered as included in the prime contractor's 50% requirement. If material purchased directly by the prime contractor is to be used by a listed sub-contractor in performing contract work, the dollar amount of such purchased material should not be included in the dollar amount listed for said sub-contractor. In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a notice of the claim must be submitted to the Office of the City Engineer in writing within 2 working days after the time of the bid opening and send copies of the notice to the subcontractors involved. C-2 C '1 Z nyve.. ng \nc- BIDDElt S FIRM NMAE DESIGNATION OF SUB- CONTRACTORS PLANS & SPECIAL PROVISIONS NO. 13007 In compliance with the provisions of Section 4100-4114 of the Public Contract Code of the State of California and any amendments thereof,each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name&Address Agency&No.of Contractor's License# and Under Which MBE/WBE CERT. Sub-Contractor's Sub-Contract Work to Be Performed Licensed&License# (If Applicable) Phone-No. Amount (Including Bid Item No.): 2. 3. 4. 5. 6. IF ADDITIONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SHEET DO NOT WRITE ON THE BACK C-3 WORKERS' COMPENSATION INSURANCE CERTIFICATION I am aware of the provisions of Section 3700 of the Labor Code requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor: NAME OF FIRM: Cam, VA 2 C.. vuex\nv \(AC BY: 07.11 `rI A: `2._ TITLE: e t\.e,S-)cJ ec''t DATE: 3a,\ , 141 ;10 I 4 /,,,,, ..;15 . G4 (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) NON-COLLUSION AFFIDAVIT To the DEPARTMENT OF PUBLIC WORKS, CITY OF SAN BERNARDINO, STATE OF CALIFORNIA. The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he or she is of the party making the foregoing bid,that the bid is not made in the interest of,or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;communication, or conference with anyone to fix any overhead,profit,or cost element of the bid price,or of that of any other bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the proposed contract;or take any action in restraint of free competitive bidding in connection with such contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or data relative thereto,or paid,and will not pay,any fee to any corporation, partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. C., 11\2- \y\e.. Firm Name Si ure of Bidder ��az1 r(u DM-01Y. , f t Printed Name and Title 5 -bc\ arc\r\ • 4 13 4 Aa o,krc, i �15, �- q i 3G\ Business Address 5b a1 goLk)xcl bi. l��av C/} qt 3 'U- Place of Residence Subscribed and sworn to(or affirmed)before me this l '-. day of j/)vk✓ --I , 20 ('I the above proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signe gv -/✓- 4 -`' Notary Public in and for the County of TR A PATRICE HERRMANN 9oYCHEIAto *` Commission 1977547 S Al y e , State of California. Notary P -Cep too Angell:count, My Commission expires on t\-') 1 _, , k9/6 Corn.E •a Ma 7,2016 Year C-S FORM Of BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, GMZ ENGINEERING,INC. as Principal,and NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are hereby and firmly bound unto the qty of San Bernardino , State of California, hereinafter referred to as"Obligee"in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors,administrators, successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing,for the REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS.BRIDGE NO.54C-0066, (Copy here the exact title description((wort including location,as it appears on the Bid and Contract Documents) JANUARY 14, 2014 for which bids are to be opened on d4DtX1000 X (Insert date of opening) NOW, THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto(properly completed in accordance with said Bid) and shall famish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise,the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby waive notice of any such extension. Signed, this 10TH day of JANUARY , 20 14 . IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seats,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. NORTH AMERICAN SPECIALTY GMZ ENGINEERING, INC. (SEAL) INSURANCE COMPANY (SEAL) Principal �� /f Surety �'' By:__L v -g- e Signature Si :, GHAZI MUBARAK, PRESIDENT MARK D. IATAROLA,ATTORNEY-IN-FACT Printed Name and Title Primed Name and lftie NOTE:Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this farm. C-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT v ; i` Ci ar. �" _•"1197g. hi ?! •2° °rim-_ fir_ e7' STATE OF CALIFORNIA County of SAN DIEGO On 1/10/2014 before me, MICHELLE M. BASUIL NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/elle/they executed the same in his/heritheir authorized capacity(iee , and that by his/herlitheif signature(e) on the instrument the person(e), or the entity upon behalf of which the person(e) acted,executed the instrument. MICHELLE M.BASUIL I certify under PENALTY OF PERJURY under the laws of �:% RYPu,uc. Aup the State of California that the foregoing is true z��,l,=� NOTARY�uleuc•eAUlweruA�, 9 9 My i and correct. • 24.2017 Witness my hand and official seal. Signature ''- z.-s6 +' Place Notary Seal Above Signature of Notary Public r� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: 1/10/2014 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name:MARK D. IATAROLA Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s):. ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General g Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: • - • •a 9 -_ • •`r e r e r ar. _r r 'e r-i W e-sisr:e,, ,ay •er•. ^P r`. iS_.;„,er -er r74"#.7 as.�v.d>` _• _ ®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 L_ a ,. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: JOHN G.MALONEY,HELEN MALONEY,MICHELLE M.BASUIL, GLENDA J.GARDNER,MARK D.IATAROLA and DEBORAH D.DAVIS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." tiiiiiillry ataua�waamye '4tGMtJrY„,q(s�i���� .....,(/ _a 6 os,:$I By �., uo....•”r j F•. a t}r' SEAL It) Steven P.Anderson,Senior Vice President of Washington International Insurance Company z; SEAL :?., `���r°,t� 1979 4,rn' &Senior Vice President of North American Specialty Insurance Company IP31 m 11111110 By matutaw- David M.Layman,Vice President of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this day of ,2012 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS. On this 10th day of December ,2012 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" 1 �L1,Gt .I /DONNA D.SKLENS i 0 t Notary Public,State of Illinois l Donna D.Sklens,Notary Public i My CommissionExpires 1014612015, I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 10th day of JANUARY ,20 14 .// _,A, Jeffrey Golde% brg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 •• •••4. • . -.•/ • - >v:. •• ./-- .>'• • • ..,..iN.z tc )) C >> t State of California �j 20 /4 e_-l - i County of S On ■ L Lf before m , �� ✓t/+ I) 2/t.c� I-lC==2/1w1/ f•'1 6oyc4�, ' Date Here Insert Name and Title of the Officer J� t )� personally appeared (/1 l /k L-t. I"'l✓b � l� �� Name(s)of Signer(s) c b who proved to me on the basis of satisfactory C evidence to be the personf whose name'is/ subscribed to the within instrument and acknowledged t, to me that he/ ty executed the same in >> t his/ authorized capacity(Os , and that by t _;� TRMIAPATRICEHERRMANNBOYCH[INtt) his Oil signature((on the instrument the >> :- Commission•1977547 . person , the entity upon behalf of which the hj C I` ;" �Pyloric-California i person acted, executed the instrument. ;� • \ ^ Los County (< _",,,,7_,,__ Comm.fifes(Wr 1_2016 _I I certify under PENALTY OF PERJURY under the >> t laws of the State of California that the foregoing >> paragraph is true and correct. �� c �S WITNESS my hand and official seal. , C Signature: , — �,.• _ t Place Notary Seal Above Signature of Notary Public „-471111r' - OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document 9) i. and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do�en , ( h� i' Title or Type of Document: ' L) (f ��`�"` • Document Date: 0 l ( I d 1 °�0 ( 9 Number of Pages: 1 Signer(s) Other Than Named Above: ;'.1 ; Capacity(ies) Claimed by Signer(s) " � Signer's Name: )A R Zi pi✓IY' '— Signer's Name: /` 12 o porate Officer — Title(s): GLn ❑Corporate Officer — Title(s): ;s ❑ Individual RIGHT THUMBPRINT ❑Individual RIGHT THUMBPRINT �1 OF SIGNER OF SIGNER n ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner — ❑Limited ❑General Top of thumb here • • ❑ Attorney in Fact ❑Attorney in Fact �� ❑ Trustee ❑Trustee • ❑ Guardian or Conservator ❑Guardian or Conservator A • ❑ Other: ❑Other: >j Signer Is Representing: Signer Is Representing: j ((< ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, GMZ ENGINEERING,INC. as Principal,and NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are hereby and firmly bound unto the City of San Bernardino , State of California, hereinafter referred to as"Obligee"in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we hereby jointly and severally bind ourselves,our heirs,executor's,administrators, successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing,for the REMOVAL OF FXISTLNG SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS.BRIDGE NO.54C-0066. (Copy here the exact title description of work JANUARY location,as it 14, 2014 appears on the Bid and Contract Documents) for which bids are to be opened on D061Cx (Insert date of opening) NOW, THEREFORE, a. Hasid Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute accordance with said Bid} in the Form of contract attached hereto(properly and shall famish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise,the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby waive notice of any such extension. Signed, this 10TH day of JANUARY , 20 14 • IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seats,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. NORTH AMERICAN SPECIALTY GMZ ENGINEERING, INC. (SEAL) INSURANCE COMPANY (SEAL) Principal — Swreits y $y. By: rM/ sl Signature GHAZI MUBARAK, PRESIDENT MARK D. IATAROLA,ATTORNEY-IN-FACT Printed Name and Tale Primed Name and Tie NOTE:Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form, C-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .e* er es"874-ar:�x - : er y rer." n. -wr"`' &_• e,' -r47 °nns,7- e7''° `s.„1„. STATE OF CALIFORNIA County of SAN DIEGO On 1/10/2014 before me, MICHELLE M. BASUIL.NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/eke/they executed the same in his/her/their authorized capacity(iee), and that by his/ler/thoir signature(e)on the instrument the person(s), or the entity upon behalf of which the person(a) acted,executed the instrument. MICHELLE M.BASUIL I certify under PENALTY OF PERJURY under the laws of COMM.N 2034911 Z_��t, it= NOTARY PUSUC,�, 0 the State of California that the foregoing paragraph is true `` `, SAN DIEGO C NTr z and correct. \---1,7/ My Convissiones • 201 Witness my hand and official seal. Signature. Place Notary Seal Above Signature of Notary Public (/ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date:1/10/2014 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name:MARK D.IATAROLA Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): El Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General RI Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: El Other: Signer Is Representing: Signer Is Representing: dx-.2 d 2-m."y°_ ea"s 'e7,aY"dx"Sx"e3 .d er,ea,e?•oy e?xCs'6 •NSWRIZXS..MiaMileMaiMMt C 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NatlonalNotary.org Item 45907 Reorder:Call Toll-Free 1.800-876-6827 a .. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: JOHN 0.MALONEY,HELEN MALONEY,MICHELLE M.BASUIL, GLENDA J.GARDNER,MARK D.IATAROLA and DEBORAH D.DAVIS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9t1i of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." atinlnpry// uawuuuy/ b:t 064...6 , F9 By vGo R PO rte� , SEAL tit Steven P.Anderson,Senior Vice President of Washington International Insurance Company ; SEAL �g•ty 1973 ruin' &Senior Vice President of North American Specialty Insurance Company o: .m vJg. e• t.0 y, 'o By aaa David M.Layman,Vice President of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers thisl0th day of December ,20l2 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 10th day of December ,2012 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. I"OFFICIAL SEAL" i )L.cm/71A ,d, _4/Az t DONNA D.SKLENS Notary Public,State of Illinois ■ Donna D.Sklens,Notary Public i My Commissar Expires 10/06/2015 I, Jeffrey Goldberg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 10th day of JANUARY ,20 14 Jeffrey Goldberg,Vice President&Assistant Secant),of Washington International Insurance Company&North America Specialty lasutance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE* 1189 (c )) �� >> State of California n t C County of 2OS A✓Iy e..1 ( On✓1 / I I-I I I LI before m74 i+21 c )4672.2 04 4 'o c .a ( Date Here Insert Name and Title of the Officer y) personally appeared (/1 I A Z.-t: M✓b/cA'I(_ Name(s)of Signer(s) ( J who proved to me on the basis of satisfactory > evidence to be the person$ whose namefsj'is/ subscribed to the within instrument and acknowledged to me that he/01/1.14y executed the same in >> his1 r/t r uthorized capacity(Osr, and that by ,.,rt , IRINAPATRICEHERRMMIIBOYCNENKO his �rif�i signature(s(on the instrument the > Comnik:tal s 1977511 . person the entity upon behalf of which the >> g`g -'" Inc- _ person acted, executed the instrument. „. __ __A1�Caaim_Er�reslh�T20t6 =C I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing >> paragraph is true and correct. C 5 WITNESS my hand and official seal. y� ( �5 Signature: " `-' ,(,(7“"--",6/-1- 7 ( Place Notary Seal Above Signature of Notary Public ' --9" OPTIONAL i)5 Though the information below is not required by law,it may prove valuable to persons relying on the document >> and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Dopept, I �? Title or Type of Document: ' 1.� (GC �O✓��l • Document Date: CH ( ( l 0 1 a O ( 9 Number of Pages: 1 >> Signer(s)Other Than Named Above: >> Capacity(ies)Claimed by Signer(s Signer's Name: At.; )^1(112 1. Signer's Name: 2--O-o-rporate Officer -Title(s): C-CT9 ❑Corporate Officer-Title(s): ❑ Individual RIGHT THUMBPRINT ❑Individual RIGHT THUMBPRINT 9� OF SIGNER OF SIGNER c. ❑ Partner-❑Limited ❑General Top of thumb here ❑Partner -❑Limited ❑General Top of thumb here • ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee >> ❑ Guardian or Conservator ❑Guardian or Conservator • ❑ Other: ❑Other: >> r • Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 Z PART II SPECIAL PROVISIONS SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 1-1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for Public Works Construction (SPPWC) "Greenbook", latest edition in effect on the first day of the advertised"Notice Inviting Sealed Bids" for this project, and City of San Bernardino Standard Drawings, insofar as the same apply and in accordance with the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Agency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. City Engineer - The City Engineer for the City of San Bernardino. Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. Office of the District - Whenever, in the Standard Specifications, reference is made to the office of the District or the District's office, such references shall be deemed made to the Office of the City Engineer, Public Works Department, located on the 3rd floor of City Hall for the City of San Bernardino, 300 N. "D" Street, San Bernardino. SP-1 The mailing address for the City of San Bernardino's Public Works Department is: City of San Bernardino Public Works Department 300 North"D" Street, 3rd Floor San Bernardino, CA 92418-0001 Resident Engineer - The Resident Engineer is the City of San Bernardino's Engineer City Engineer, registered as a Civil Engineer in the State of California, or the designated representative of the City of San Bernardino's City Engineer, registered as a Civil Engineer in the State of California. Notice Advertising for Bids - Notice Inviting Sealed Bids. Standard Specifications - Standard Specifications for Public Works Construction "Green Book". Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Public Works Standards, Incorporated, a mutual benefit corporation comprised of five members representing the American Public Works Association, and four members from the Associated General Contractors of California, the Engineering Contractors Association, the Southern California Contractors Association, and BNi Publications, Incorporated. The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-2 References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications of the State of California, Department of Transportation, latest edition in effect on the first day of the advertised"Notice Inviting Sealed Bids" for this project. References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained in the "Standard Drawings", section in the APPENDIX of these Special Provisions. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. The Contractor shall meet or exceed the applicable Public Works Policies and Procedures unless directed otherwise by these Special Provisions or as directed by the Engineer. The plans and specifications of this project shall conform to the requirements of the City of San Bernardino Municipal Code and Public Works Construction Policies, the latest editions of the Standard Specifications for Public Works Construction (green book), the American Concrete Institute (ACI), the Uniform Building Code (UBC), Uniform Plumbing Code (UPC), the National Electrical Code, Caltrans Standard Specifications, and these Special Provisions. Wherever reference it made to any of the standards mentioned above, the reference shall be construed to mean the code, order or standard that is in effect on the first day of the advertised "Notice Inviting Sealed Bids". 1-1.04 TAXES -- No mention shall be made in the proposal of Sales Tax, Use Tax, or any tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 1-1.05 INTERPRETATION OF PLANS AND DOCUMENTS -- If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed, they may submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery by 5:00 p.m. of the 5th working day prior to the day of the proposed bid opening. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be faxed, e-mailed or delivered to each person of record as receiving a set of such documents. The CITY shall not be responsible for any other form of explanation or interpretation of the proposed documents. SP-3 1-1.06 ADDENDA OR BULLETINS -- All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the CITY. 1-1.07 PLANS AND SPECIFICATIONS TO BE PROVIDED -- The CITY will provide the Contractor with five (5) sets of Plans and Specifications at no cost after the Award of Contract. The Contractor shall obtain all additional sets at its own cost. SP-4 SECTION 2 2-1 BID REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- Bids must submitted on the bid form contained herein. All bids shall be signed, sealed and accompanied by cash, cashier's check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder, to whom the contact is awarded, refuses to execute said contract, and/or fails to file the necessary bonds and insurance certificate within ten (10) working days following the date of the CITY's Notice of Award letter, the Bidder shall be considered as not fully executing the contract. By not executing the contract, the use by the public of the improvements will be delayed and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix the amount of said damage. Therefore, the CITY and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the CITY as liquidated damages and not as forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provisions. Notarization of the signatures of the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. Any bid not accompanied by such bid bond will be rejected as invalid. 2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE) was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 15 % MBE and 5 % WBE on this project. Certified minority and female owned subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are listed on the California Unified Certification Program (UCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http://www.dot.ca.gov/hq/bept Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-5 2-1.03 MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS -- It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all CITY contracts. Bidders shall assist the CITY in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in CITY contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the CITY to inform all bidders of the requirements for the project for which the contract will be awarded. The CITY may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs, WBEs and other business enterprises. The bidder shall, when economically feasible, divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days (see Sub-Section 2-1.04 for exception) prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the CITY. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days (see Sub-Section 2-1.04 for exception) prior to the date the bids were required to be submitted. In all instances, the bidder must document that invitations for sub- contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. (5) The bidder documented efforts to follow up initial solicitations of interest by contacting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. SP-6 (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days (see Sub-Section 2-1.04 for exception) prior to the submission of bids. (8) The bidder negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the CITY. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the CITY or Contractor. If the CITY has established expected levels of participation for MBE and WBE sub- contractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the CITY is considering awarding away from the lowest bidder or not awarding a contract to a proposed bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above, the CITY shall, if requested, and prior to the award of the contract, afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the CITY award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(f). Nothing herein restricts the discretion of the CITY to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately, and all CITY Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. SP-7 2-1.04 SUBMISSION OF MBE/WBE INFORMATION— GOOD FAITH EFFORTS - The Contractor may submit the MBE/WBE INFORMATION — GOOD FAITH EFFORTS document with the contract Bid Documents prior to the hour of the bid opening. If this document is not submitted with the Bid Documents, it must be submitted to the Public Works Department, upon request, by 4:30 p.m. on the fourth working day (not including Fridays, Saturdays, Sundays and legal holidays) following the day of the Bid Opening. In the case of short Bid Opening periods, proof of faxes and web site postings requesting MBE, WBE participation and faxed requests for assistance in recruitment of MBEs and WBEs shall suffice. 2-1.05 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS -- Each bid shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000.00, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the subcontractors, as required herein, is included in the Bid Documents, in Part I of these Special Provisions. 2-1.06 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, addenda, and all other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the CITY may rely that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve that Bidder from any obligation with respect to its Bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Contract Documents. C. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such Bidder might have fully informed himself prior to the bidding. SP-8 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. 2-1.07 REQUIRED INSPECTION OF THE SITE -- A. Bidders are required to inspect the site of the proposed work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface of, and at, the site of the proposed work. B. If, during the course of examination, a Bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall notify the Engineer immediately. C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the proposed work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the proposed work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the CITY is not intended to be a substitute for, or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. SP-9 2-1.08 DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION CONTRACT -- No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. Those ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons,through joint ownership or otherwise. 2-1.09 WITHDRAWAL OF BIDS -- A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the CITY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. 2-1.10 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall be without interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. SP-10 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. The award of the contract will be made by the Mayor and the Common Council at a Council meeting. The bidder, to whom the contract is awarded, shall file with the Engineer all required bonds and insurance policies, and execute the contract within 10 working days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the CITY as liquidated damages. 3-1.02 AWARD OF CONTRACT -- Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the CITY. Additionally, the CITY reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal Notice Inviting Sealed Bids as may be required to provide for the best interest of the CITY. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the Mayor and Common Council. The Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments, shall be considered as part of the contract between the CITY and the Contractor to whom the contract is awarded. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. 3-1.03 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the Engineer before the Notice to Proceed is executed by the CITY. In accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications, the contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Contractor shall provide to the CITY three (3) original "wet" copies of Payment and Performance Bonds equal to 100% of the award amount of the contract. SP-11 3-1.04 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one submitted bid, all such submitted bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and,while doing so,may also submit a formal bid as a prime contractor. No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. The Contractor shall fill out all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to BMP/SWPPP, traffic control and detour plans or escrowed bid documents, where applicable, will delay the issue of the Notice to Proceed, and such delay will subject the bidder to a negative determination of the bidder's responsibility should the bidder choose to participate in future public works bid offerings. SP-12 SECTION 4 4-1 CONSTRUCTION DOCUMENTATION, COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions of Section 6, "Prosecution, Progress and Acceptance of the Work", of the Standard Specifications and these Special Provisions. 4-1.02 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall be within 10 working days of the notification of the award of the contract by the Mayor and Common Council. The Contractor shall, at the time of the notification of award, inform the Construction/Survey Manager of any special circumstances or conditions that might prohibit the Contractor from attending a Pre-Construction Meeting during this period, or from commencing work as scheduled. 4-1.03 NOTICE TO PROCEED -- The Notice to Proceed shall not be issued until all required documents have been submitted and approved by the CITY. The Contractor shall immediately notify and obtain the approval of the Construction/Survey Manager, prior to the Pre- Construction Meeting, should special circumstances or conditions exist that might prohibit the Contractor from providing all required documentation and commencing work as scheduled within 10 working days of the Pre-Construction meeting. Required documentation shall include the Contractor's applicable NPDES plan (for required submittal time refer to Section 6-1.03 of these Special Provisions), the proposed Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required). The Construction Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or graph. 4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 40 WORKING DAYS from the date of the "NOTICE TO PROCEED". SP-13 4-1.05 PERMITS AND LICENSES -- Prior to issuance of a "Notice to Proceed", Contractor shall obtain a CITY Business Registration from the City Clerk's Office, San Bernardino City Hall, 300 North"D" Street, 2nd Floor, San Bernardino, CA 92418. 4-1.06 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $500.00 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. In case all the work called for is not completed in all parts and requirements within the time specified, the CITY shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the CITY. The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of Contractors or Subcontractors, epidemics, quarantine, restrictions, freight embargo, unusually severe weather, or delays of Subcontractors due to such causes provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the CITY, in writing, of the cause of the delay. The CITY will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive. 4-1.07 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer by the tenth of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Section 6-7.3, "Contract Time Accounting", of the Standard Specifications is superseded by these Special Provisions. The Engineer or his/her designee will make a daily determination of each working day to be charged against the contract time. Per the Contractor's written request, the Engineer will provide working and non-working days to the Contractor. 4-1.08 INSPECTION -- The Contractor is responsible to notify the Public Works Department Inspection 48 hours prior to the start of any work. Any work performed without inspection by the CITY is subject to rejection and removal of work performed and, at the Contractor's expense, the work will have to be reconstructed. At the CITY's request, and the Contractor's expense, any pipes less than 24" must be inspected by camera for joint grouting and any other inspection. For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING DAYS AND HOURS", of these Special Provisions. SP-14 SECTION 5 5-1 LEGAL REQUIREMENTS 5-1.01 INSURANCE REQUIREMENTS -- The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The Contractor shall indemnify and save harmless the City of San Bernardino, the County of San Bernardino, the State of California, and/or any incorporated city from all claims or suits for damages arising from the prosecution of the contract work, as more fully described in Subsection 5- 1.07, "Contractor's Liability", of these Special Provisions.. The Contractor agrees to protect, defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands, judgments and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. 5-1.02 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the CITY with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured. The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Contractor shall maintain minimum limits of insurance no less than: 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; SP-15 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 5-1.03 WORKERS' COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Workers' Compensation Insurance", of Standard Specifications, providing that the Contractor shall file a signed Certificate of Workers' Compensation Insurance before execution of the contract. 5-1.04 PAYMENT OF PREVAILING WAGE RATE -- The Contractor and all subcontractors shall pay each craft or worker employed on this project not less than the prevailing wage rates specified in Resolution No. 90-358 of the Mayor and Common Council of the City of San Bernardino. The Engineer shall have the right to interview any craft or worker on the project site in order to verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wages, available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/dirdatabases.html, shall comply with current rates and all updates in effect ten (10) days prior to the actual Bid Opening. Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The Contractor shall comply with the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. 5-1.05 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with public work. SP-16 (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the Engineer on a weekly basis. It will be the Contractor's responsibility to submit the records enumerated in subdivision (a) for all his subcontractors, in addition to his own employees. Failure to submit the records enumerated in subdivision (a) on a timely basis shall constitute good and sufficient reason for withholding the partial payments for work accomplished. 5-1.06 EMPLOYMENT OF APPRENTICES -- This project is subject to the State of California Division of Apprenticeship Standards (DAS) requirements for the employment of apprentices. The Contractor's attention is directed to the provision in the following excerpt from Section 1773.3 of the California Labor Code concerning notification to the DAS of the award of a public works project: "An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall, within five days of the award, send a copy of the award to the Division of Apprenticeship Standards." The Contractor shall see the APPENDIX of these Special Provisions for information regarding the Contractor's options for the employment of apprentices registered with the California Department of Industrial Relations, DAS. 5-1.07 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workers or the public; or for damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workers, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. SP-17 The Contractor shall not encroach on private property adjacent to this project in any phase of the construction without first obtaining a signed Right Of Entry document from the property owner and submitting this Right Of Entry to the Engineer for approval, prior to any entry or encroachment onto private property. The Contractor shall be responsible for any injury to any person or damage to property resulting from any defects or obstruction occurring any time before project completion and final acceptance, and shall indemnify and save harmless the City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer from all suits or actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the CITY may be retained by the CITY until disposition has been made of such suits or claims for damages aforesaid. If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due, or becoming due, the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. 5-1.08 DIFFERING SITE CONDITIONS -- During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. SP-18 No conflict adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work. Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section 3-4, "Changed Conditions", of the Standard Specifications. 5-1.09 ATTORNEY'S FEES AND ARBITRATION -- The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Caltrans Standard Specifications Section 9-1.10 regarding Binding Arbitration is hereby specifically excluded from this Contract. 5-1.10 CITY BUSINESS REGISTRATION CERTIFICATE -- The Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of contractor/consultant/vendor to practice its profession, skill or business. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. SP-19 ACORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE(MM/YY/DD) 00/00/00 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. COMMERCIAL ASSOCIATES INS.,INC. THIS CERTIFICATE DOES NOT AMEND,EXTEND, OR ALTER 1226 EAST LA PALMA AVENUE THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM, CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145)524-4940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA-VALLEY FORGE COMPANY YOUR COMPANY NAME C CHUBB GROUP-FEDERAL INSURANCE AND ADDRESS COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM,OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS LTR TYPE OF INSURANCE NUMBER DATE(MM/YY/DD) DATE(MM/YY/DD) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GEN LIABILITY FIRE DAMAGE(ANY ONE FIRE) �.R A CLAIMS MADE OCCUR $ 500,000 MED EXP(ANY ONE PERSON) $ 5,000 X OWNER'S&CONTRACTOR'S PROT 102267576 02/01/98 02/01/99 PERSONAL&ADV INJURY $1,000,000 GENERAL AGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 X AUTO BODILY INJURY (Per Person) $ B ALL OWNED AUTOS BODILY INJURY $ BAP 5197135 02/01/98 02/01/99 (Pe SCHEDULED AUTOS ERTY cident DAMAGE) ccident $ HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY TO ONLY auto-EACH ACCIDENT than only: $1,000,000 ANY AUTO EACH E. $ ACCIDENT other than auto only: AGGREGATE WORKERS COMPENSATION AND X WORKERS COMP EMPLOYER'S LIABILITY STATUTORY LIMITS C L.EACH ACCIDENT 2/01/98 02/01/99 other THE PROPRIRETOIV INCL E.L.DISEASE—EA EMPLOYEE $1,000,000 PARTNERS/EXECUTIV E OFFICERS ARE: EXCL E.L.DISEASE—POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERT PROJECT NAME) BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE CITY OF SAN BERNARDINO THE ISSUEING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE DEPARTMENT OF PUBLIC WORKS Lam. 300 N. "D" STREET, 3RD FLOOR AUTHORIZED REPRESENTATIVE SAN BERNARDINO,CA 92418-0001 JOHN E.SMITH (Signature) ACCORD 25-S(1/95) ®ACCORD CORPORATION SP-20 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS 300 NORTH "D" STREET, 3RD FLOOR SAN BERNARDINO, CA 92418-0001 4 ; 7 fir (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. NOTE: MUST BE SIGNED BY AUTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OF ATTORNEY GIVING AUTHORITY TO BIND CG 20 10 11 85 Authorized Representative for CNA Insurance Group Golden Eagle Insurance Company SP-21 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity of any item of work subject to the provisions in Section 3-2.2, "Contract Unit Prices", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1, "General", of the Standard Specifications and these Special Provisions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate, therefor, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity at the original contract unit price. 6-1.02 SOUND CONTROL REQUIREMENTS -- Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 a.m. shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise levels Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. SP-22 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS -- The Contractor shall strictly adhere to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) throughout the entire project. The Contractor, without limitation, shall be responsible for providing and implementing Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, for preventing any contaminants, including soil, from entering any drainage system. The Contractor shall be responsible for having sufficient materials on hand and being prepared to provide erosion and sediment controls capable of preventing erosion from being washed into the storm drain system. The Contractor shall be responsible for maintaining equipment so that oil, grease, gasoline, diesel fuel, et al., do not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the CITY for any pollution damage and/or cleaning costs. All construction on off- site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the CITY or County storm drain systems. The following are the areas to be addressed where applicable: 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street. 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. 13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site. 14. Call 911 in case of a hazardous spill. 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan(SWPPP). 16. Name a person, on site, responsible for complying with SWPPP. BEST MANAGEMENT PRACTICES ( BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-23 The Contractor shall have a minimum of two (2) readily accessible copies of each publication on the project work site at all times. The Contractor shall implement the following BMPs in conjunction with the construction operation and activities: CONSTRUCTION PRACTICES Water Conservation Practices Dewatering Paving Operations Structure Construction and Painting MATERIAL MANAGEMENT Material Delivery and Storage Material Use Spill Prevention and Control WASTE MANAGEMENT Solid Waste Management Hazardous Waste Management Contaminated Soil Management Concrete Waste Management Sanitary/Septic Waste Management VEHICLE AND EQUIPMENT MANAGEMENT Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance VEGETATIVE STABILIZATION Scheduling Preservation of Existing Vegetation Temporary Seeding and Planting Mulching PHYSICAL STABILIZATION Geotextiles and Mats Soil Stabilizer/Dust Control Temporary Stream Crossing Stabilized Construction Roadway Stabilized Construction Entrance SP-24 RUNOFF DIVERSION Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes, Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion Ditches/Berms Slope Drains and Subsurface Drains VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding SEDIMENT TRAPPING Silt Fences Straw Bale Barrier Sand Bag Barrier Brush or Rock Filter Storm Drain Inlet Protection Sediment Traps Sediment Basin Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and implemented throughout the construction phase and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. SP-25 Projects over one acre are placed under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board and as such projects that fall into this category must submit a Notice of New Construction (NONC) to the State Water Resources Control Board (SWRCB) to obtain a waste discharge identification number (WDID). This information is available for review and downloading on the State of California, Department of Transportation web site at http://www.dot.ca.gov/hq/construc/stormwater/manuals.htm. SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs that address contractor activities, erosion, and sedimentation control. The SWPPP shall also include and incorporate appropriate BMPs for run-off generated by construction activities and other non-storm water sources. During all periods of construction, excavated soils which are stored on- site shall be completely covered with waterproof material and gravel bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Engineer shall notify the Contractor of the acceptance or rejection of the revised SWPPP within seven(7) working days from the date of submittal. The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten (10) working days prior to the commencement of construction operations in accordance with this Section 6- 1.03 of these Special Provisions. The CITY, as Permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of$1,000 for each calendar day that the Contractor has not fully implemented the BMP(s) or SWPPP specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMP(s) or SWPPP. SP-26 THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. The Contractor shall provide to the CITY, prior to beginning construction, the name and telephone number(s) of the Contractor and/or the Contractor's NPDES representative, which can be reached and will respond to calls 24 hours/day for emergencies during construction activity. Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City Business Registration prior to the execution of the contract. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. Prior to the commencement of work, the Contractor shall obtain a construction permit at no cost from the City of San Bernardino, Public Works Department, located at San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, California. The permit shall be kept in a readily available place on the job site at all times during construction. While no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA. The Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions and/or agencies including, but not limited to the Community Development, Building and Safety Division, the Public Works Department, Street Division, any involved water agency, county flood control, railroad, Caltrans, Fish & Game, Corp. of Engineers, Regional Water Quality Board, etc., at his/her own expense, unless otherwise stated in the Plans and Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. SP-27 6-1.05 EXTRA WORK AND MARKUP -- Any extra work done shall conform to the provisions of Section 3.3, "Extra Work", of the Standard Specifications, subject to the restrictions of Section 20452 and 20455 of the Public Contract Code. A. Work by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20% 2) Material 15% 3) Equipment Rental 15% 4) Other items and Expenditures 15% To the sum of the costs and markups provided for in this subsection, compensation for bonding shall be at the rate specified by the bonding company. B. Work by Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established above shall be applied to the Subcontractor's actual cost of such work, also a markup of 10 percent on the first $5,000.00 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of$5,000.00 of the subcontracted portion of the extra work may be added by the Contractor. 6-1.06 HOLIDAYS, WORKING DAYS AND HOURS -- The Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Thursday, excluding holidays, as defined in this section. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. No traveled lane shall be closed during rush hour, (7:00 a.m. to 8:30 a.m. and 4:30 p.m. to 6:00 p.m., unless approved by the Engineer. The Contractor will coordinate inspections with the Public Works Inspector 48 hours prior to any work being done during evenings, Fridays or Saturdays. The Contractor shall coordinate with the Engineer regarding working hours prior to start of construction. Except for Fridays, in the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. SP-28 Designated legal Holidays are: January 1St, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day and the Friday following, December 25th and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payment", and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping and graffiti removal. The Contractor shall inspect the project site each working day and be prepared to remove debris and graffiti from all surfaces, including security fencing, on the day of occurrence. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. The Contractor is encouraged to recycle all materials. The Contractor shall provide the CITY all documents as to the weight of materials removed during excavations in accordance with the requirements of AB939. 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL -- Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of the work. SP-29 6-1.10 SURVEYING SERVICE -- The Contractor shall refer to the PROJECT LOCATION SURVEY DOCUMENTS section in the APPENDIX of these Special Provisions for California Land Surveyors Association (CLSA) and Consulting Engineers and Land Surveyors of California(CELSOC) survey monument preservation guidelines. The Contractor shall perform and be responsible for the accuracy of surveying adequate for construction. A California registered Civil Engineer licensed to perform surveying or a California registered Land Surveyor shall perform any surveying or staking, as directed by the Engineer, at the expense of the Contractor. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at the expense of the Contractor. In case of missing or incorrect ties, the Contractor's Surveyor shall restore ties as necessary at the expense of the Contractor. The Contractor shall submit to the CITY a copy of all survey notes and a Certificate Record of Survey. All new and replaced survey ties shall be by transit method. All existing monumentation shall be tied and recorded prior to construction. Corner Records shall be filed, pre and post construction, in accordance with Section 8771 of the Business and Professions Code (AB 1414). Final monumentation of alignments and new R/W lines shall be performed in accordance with the State of California Surveys Manual (latest edition). Record of Surveys or In-Lieu Maps, as applicable, shall be prepared and filed. One reproducible (mylar) copy of all filed maps and one photocopy of all filed Corner Records or Records of Survey shall be delivered to the CITY within 30 days of such filings. Full compensation for preparation of the survey documents, revisions to the survey documents, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with these Special Provisions and the CLSA shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State Government Code specifies that in executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY tenders final payment to the Contractor without further acknowledgement by the parties. SP-30 6-1.12 PROJECT ERRORS, OMISSIONS, INCONSISTENCIES, AND/OR DISCREPANCIES -- In the event of errors, omissions, inconsistencies, and/or discrepancies among two or more portions of the Contract Documents, the Engineer may direct the Contractor to follow the most stringent requirements at no additional cost. If errors, omission, inconsistencies, and/or discrepancies appear in the Contract Documents or in the work done by others affecting this work, the Contractor shall immediately notify the Engineer prior to proceeding with the work, and the Engineer shall issue appropriate instructions. If the Contractor proceeds with the work so affected, without instructions from the Engineer, the Contractor shall remove the incorrect work or make the necessary corrections to comply with the Engineer's instructions at no cost to the City of San Bernardino. In case of conflicts, errors, omissions, inconsistencies, and/or discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing and/or constructing the discrepancy that would have the highest dollar value. 6-1.13 EMERGENCY INFORMATION -- The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, which can be reached and will respond to calls 24 hours/day, shall be filed with the Office of the City Engineer prior to beginning work. 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS -- The Contractor shall protect and maintain all existing improvements and facilities in place to remain from the first day of work under this contract to acceptance. The Contractor is responsible for replacing any damaged improvement or facility to original condition or better. 6-1.15 COMPLETION, ACCEPTANCE & WARRANTY -- The Contractor's warranty for the material, equipment and work of this project shall comply with Section 6-8, "Completion, Acceptance and Warranty" of the Standard Specifications 6-1.16 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and CITY laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict,the more stringent requirement shall be followed. SP-31 6-1.17 SAFETY SUPERVISOR AND MEETINGS -- A. The Contractor shall appoint an employee as safety supervisor who is qualified and authorize to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Engineer in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor. B. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees, and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. C. The Contractor and its affected subcontractors shall attend safety coordination meetings. The minutes of their meetings shall be submitted to the Engineer. 6-1-18 MEETINGS -- A. The Contractor shall attend weekly progress meetings at the project site. B. In general, these meetings will be attended by the Contractor, the Engineer or his designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Engineer or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. D. The Engineer shall have the authority to require that a mandatory meeting be held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and any subcontractors specified by the Engineer. 6-1.19 PAYMENT -- Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. SP-32 SECTION 7 7-1 UTILITIES 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the "Greenbook" Standard Specifications, and these Special Provisions. The Contractor shall notify the Engineer immediately of any conflict. The Contractor shall match existing products. The Contractor is responsible for coordinating work with the utility owners. Certain companies, governmental agencies, or their contractors may be working within the construction area. Certain utility facilities at various locations within the project limits may be removed, relocated, abandoned, or installed by companies' or agencies' contractors. The Contractor shall coordinate his work with utility owners and their contractors. The Contractor shall exercise due caution to prevent any damage to/or movement of these utility facilities. Listed below are the utilities that may be affected, with the designated contact person. These names and phone numbers are listed for information purposes only. The Contractor is responsible for verifying phone numbers and contact persons. 1. SOUTHERN CALIFORNIA EDISON COMPANY 287 Tennessee Street Redlands, CA 92373 Phone: (909) 307-6788 Attn: Ben Murguia 2. SOUTHERN CALIFORNIA GAS COMPANY 1981 West Lugonia Avenue Redlands, CA 92374-9796 Phone: (909) 335-7772 Attn: Devery Jennings 3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Water Utility Engineering Section 300 North"D" Street, 5th Floor San Bernardino, CA 92418 Phone: (909) 384-5092 Attn: Mike Nevarez SP-33 4. VERIZON Engineering Department 9 S. 4th Street Redlands, CA 92373 Phone: (909) 748-6655 Attn: Control Desk Email: cdinland @verizon.com 5. TIME WARNER CABLE (ADELPHIA;COMCAST) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 975-3385 Attn: Bruce "Red"Dewese, Construction Coordinator Cell: (909) 721-8589 Email: bruce.dewese @twcable.com 6. TIME WARNER TELECOM (fiber optic) 3281 Guasti Road, Suite #101 Ontario, CA 91761 Phone: (909) 456-3693 or 3697 Attn: Bart Van Wey 7. A.T. & T. - Plant Protection Services Phone: (909) 381-7385 Attn: John Bradley, OSP Supervisor (951) 359-2511 Attn: Randy Seabert A.T. & T. One Call Center- Cable Hazards Center( 2 days in advance ) Phone: (800) 252-1133 A.T. & T.—Maintenance at Specific Location Phone: (800) 243-6122 then Opt.#1 /Opt.#5 ( include address ) 8. A.T. & T. (SBC-PACIFIC BELL TELEPHONE) ATTN: Right-of-Way Liaison 1265 N. Van Buren Street, Room#180 Anaheim, CA 92807 Phone: (714) 666-5692 Attn: Yvette Garofano, Liaison for San Bernardino Phone: (714) 666-5401 General number in Anaheim SP-34 9. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 Phone: (909) 873-8022 Attn: Lynn Durrett—Cell: (951) 334-5754 10. CHARTER COMMUNICATIONS 7337 Central Avenue Riverside, CA 92504-1440 (951) 343-5139 Attn: Randy Maestas Construction Maintenance Henry Martinez Cell: (818) 535-6186 Rick Keyner Cell: (626) 636-0603 George Causeco Cell: (626) 419-7334 11. EAST VALLEY WATER DISTRICT 3654 Highland Avenue, Suite#18 Highland, CA 92346-2607 Phone: (909) 888-8986 Attn: Justin Parker 12. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES Attn: Randy Miller, Division Chief 670 E. Gilbert Street San Bernardino, CA 92415 Phone: (909) 388-5588 Attn: Melissa Uyeda 13. OMNITRANS 1700 W. 5th Street San Bernardino, CA 92411 Phone: (909) 379-7153 Attn: Allen Wild— Stops & Station Changes 14. CITY OF SAN BERNARDINO INFORMATION TECHNOLOGY NETWORK GROUP 300 North"D" Street, 4th Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin SP-35 15. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT STREET DIVISION 234 S, Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: John Van Havermaat 16. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TRAFFIC SIGNALS & STREET LIGHTING 234 S. Mt. View, #110 San Bernardino, CA Phone: (909) 384-5129 Attn: Clemente Elizalde 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the location of all underground utilities and services, including potholing, before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor. 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. 7-1.04 UTILITIES NOTIFICATION -- The Contractor shall notify all owners of public utilities seventy two (72) hours in advance of excavating around any of their facilities and substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/422-4133. 7-1.05 UTILITIES INTERFERENCE -- Utilities which are found, by exploratory location or by excavation, to interfere with the construction of this project shall 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 shall coordinate the work with the utility owners. SP-36 Abandoned utilities, which interfere with the construction of any portion of this project, shall be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. SP-37 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done consists, in general, of removal of xw„ the existing shoring and installation of new temporary shoring for the Mount Vernon Bridge in accordance with Plans and Specifications, 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. Prior to starting work Contractor shall purchase and maintain insurance satisfactory to the BNSF, SCRRA, Metrolink and SANBAG. The City of San Bernardino shall be named as additional insured on the policy and proof of the insurance shall be provided to the City Engineer. The work to be done shall include furnishing all materials, equipment, tools, labor, taxes and incidentals as required by the Contract Documents to construct the project. Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the contract. Each Bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge Addenda may result in the Bid being rejected as not responsive. 8-1.02 ORDER OF WORK -- BLANK. 8-1.03 WORK SITE MAINTENANCE -- The Contractor shall comply with the provisions in Section 7-8, "Work Site Maintenance", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the CITY making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. To Subsection 7.8.1, "Cleanup and Dust Control," of the Standard Specifications, add the following: Dust control shall hereby be defined as the elimination and/or control of dirt, dust, mud and debris from propagating or spreading onto properties, private or public, adjacent to the Project and Contractor's work areas. SP-38 Dust Control shall be strictly enforced. The Contractor shall at all times keep a water truck or other equipment at the job site in working order capable of performing dust control for the duration of the Contract period. Subject to paragraph two of Subsection 7.8.1, "Cleanup and Dust Control," of the "Greenbook" Standard Specifications, the Contractor shall be required to furnish and operate a self-loading motor sweeper with spray nozzles when and where required for proper dust control, and as directed by the Engineer. Performing the minimum dust control required by these Special Provision shall in no way relieve the Contractor from his legal responsibility for providing adequate dust control measures. Full compensation for conforming to the requirements of dust control, including all labor, equipment, tools, materials, and incidentals, furnishing and operating sweeper and those instances in addition to the minimum requirements as directed by the Engineer, shall be considered as included in the various contract bid items of work involved and no additional compensation will be allowed therefor. 8-1.03a DEVELOPING WATER SUPPLY & WATERING -- The Contractor shall develop a water supply and furnish and place all water required for the work of this project per the Plans and Special Provisions and as directed by the Engineer, including water used for Extra Work. Full compensation for developing a water supply and for furnishing and placing all water required for the work performed by the Contractor, including Extra Work and as directed by the Engineer, shall be considered as included in the various contract bid items of work involved and no additional compensation will be allowed therefor. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the CITY making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. SP-39 8-1.04 PROJECT LOCATIONS -- See separate bound Plans. 8-1.05 GEOTECHNICAL INVESTIGATION -- None. 8-1.06 APPROVED MATERIALS -- Whenever the expression"or approved equal" is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. All substitution requests shall be submitted to the City Engineer in writing five (5) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the Engineer for review and approval six (6) copies of all shop drawings. The Contractor shall make any corrections to shop drawings required by the Engineer. 8-1.07 CITY-FURNISHED MATERIALS -- CITY furnished material, when applicable as specified in other sections of these Special Provisions, shall comply with the following: A. Materials, if furnished by the CITY, will be made available as specified in these Specifications. The Contractor is responsible for loading, unloading, hauling and handling, and placing CITY-furnished materials. B. The Contractor shall inspect and assure itself of the amount and soundness of such materials. C. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. CITY-furnished materials that are lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the CITY for the cost of replacing CITY-furnished material and such costs may be deducted from any monies due or to become due the Contractor. SP-40 8-1.08 PRE-BID INQUIRIES -- NO ORAL representations or interpretations will be made to any Bidder as to the meaning of the Specifications, Plans, any addenda, or other Contract Documents. Written requests for an interpretation, or to identify a potential omission, discrepancy, or misunderstanding will be accepted if received by 5:00 p.m. of the 5th working day prior to the day of the proposed bid opening. If there are any questions regarding this project, please contact: City Engineer's Office San Bernardino City Hall 300 North"D" Street, 3`d Floor San Bernardino, CA 92418 Re: REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS PER PLAN NO. BRIDGE NO. 54C-0066 Attention: Mirela Grigorescu Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: grigorescu_mi @sbcity.org SP-41 SECTION 9 9-1 TRAFFIC CONTROL 9-1.01 GENERAL -- The Contractor shall comply with Section 7-10, "Public Convenience and Safety", of the "Greenbook" Standard Specifications„ latest edition, and these Special Provisions. Warning signs, lights, cones, barricades and devices for use in performance of work upon highways shall conform to the most recent "California Manual on Uniform Traffic Control Devices". The Contractor shall submit and obtain CITY approval for traffic control and traffic detour plans prior to the commencement of operations on a street. Traffic control plans shall be based on the most recent"California Manual on Uniform Traffic Control Devices". All temporary traffic striping and maintenance shall be done by the Contractor, including placement of temporary tape on all crosswalks. The Contractor shall restore all existing striping to original configuration, and as directed by the Engineer. All warning, regulatory and construction signs shall be fully reflectorized. The traffic cones to be used shall be thirty-six inches (36") in height, rubber or plastic, and be reflectorized. All work areas that remain after dusk shall be properly lighted to the satisfaction of the Engineer. The Contractor shall take all necessary measures to maintain a normal flow of traffic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall be responsible for implementing the approved traffic control plan based on the most recent"California Manual on Uniform Traffic Control Devices". The Contractor shall make the necessary arrangements to provide and maintain barriers, cones, barricades, construction warnings, regulatory signs and any other safety control devices, including flagmen. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion, providing and maintaining all necessary barriers, barricade lights and striping, including crosswalks. In addition to the foregoing traffic control and safety measures, the Contractor shall immediately implement any measures requested by the Engineer defined as necessary to ensure the proper flow of traffic, the protection of the public and/or the safety of the workers. SP-42 The Contractor shall maintain at all times the ability to respond to calls from the Engineer, including during non-working hours to replace or provide additional traffic control or safety devices as required. All places of business and residences along the streets that are within the limits of any work shall be notified by the Contractor in writing at least seven (7) days prior to commencement of work. This notification shall explain the sequence of work and indicate any restrictions of parking and access. Verbal notification shall be given to all places of business and residences at least 18 hours in advance of commencing work that will affect access to and from their properties. The Contractor shall notify all local authorities of his intent to begin work, in writing, at least seven(7) days before work is begun. 9-1.02 TURN RESTRICTIONS -- The Contractor shall post appropriate signs restricting turns when directed to do so by the Engineer. 9-1.03 PARKING RESTRICTIONS -- Unless otherwise provided herein, the Contractor may post temporary "NO PARKING" signs within the area of work as required to facilitate construction operations, subject to approval of the Engineer. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. The Contractor shall furnish, maintain, and install (seven days prior to the start of work) all "TEMPORARY NO PARKING" signs with the duration of the no parking time written on them. The Contractor will be responsible for posting, removing, and maintaining these signs as required for this project. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. The Contractor shall obtain prior approval from the Engineer for removal of vehicles. 9-1.04 TRAFFIC LANES -- Traffic lanes shall have a minimum width of 10 feet. A minimum shoulder width of 2 feet shall be provided adjacent to curbs, posts and other similar obstructions, and 5 feet shall be provided adjacent to any excavation, unless otherwise authorized by the Engineer. SP-43 9-1.05 PUBLIC CONVENIENCE -- During the progress of work, adequate provisions shall be made by the Contractor to accommodate the normal vehicular and pedestrian traffic along streets, roads, and highways, immediately adjacent to or crossing the work, so as to cause a minimum of inconvenience to the general public. Convenient access to abutting properties shall be maintained and remain open, unless approved by the Engineer. 9-1.06 FLASHING ARROW SIGNS -- The Contractor shall furnish and maintain flashing arrow signs (FAS) during lane closures or detours on streets. The Engineer shall determine when FAS is required at any location. 9-1.07 MT VERNON BRIDGE CLOSURE/DETOUR -- Mt. Vernon Avenue shall be completely closed at the bridge while work is underway. Closure shall consist of a combination of lighted barricades at each end of the bridge to prevent vehicles from crossing the bridge, except that motorcycles, bicycles and pedestrians shall be allowed to cross. The contractor shall schedule his work so that all shoring bents will be in place at the end of the work day and the bridge shall be re-opened to through traffic. The closure shall be reinstalled prior to start of the next working day. A detailed closure/detour plan shall be submitted by the Contractor for review and approval by the Engineer at least two (2) weeks prior to the anticipated date of closure. The detailed closure/detour plan shall include "Notice of Road Closure" signs to be posted on all approaches to the Mt. Vernon Bridge. Signs shall be similar in format to sample Caltrans closure sign included in these specifications. Notice of Road Closure signs shall be installed at least seven (7) days prior to closure at locations specified by the Engineer. If other lane closures are approved by the Engineer, the full width of the traveled way shall be open for use by public traffic from 4:00 p.m. to 8:30 a.m., all day for Saturdays, Sundays, and designated legal holidays; after 3:00 p.m. on Fridays (unless otherwise approved by the Engineer) and the day preceding designated legal holidays; and when construction operations are not actively in progress on working days. The Contractor shall furnish, install, maintain, and upon completion of the work, remove all signs and warning devices required for directing, protecting, and detour of the public during construction. Emergency vehicles shall be permitted access at all times to any street. Safe and adequate pedestrian access to all business establishments shall be continuous and unobstructed unless otherwise approved by the Engineer. SP-44 9-1.08 PAYMENT -- Full compensation for furnishing and installing signs, lights, flares, barricades, traffic control plan and other traffic control devices, necessary to comply with the requirements of these Plans and Specifications and as directed by the Engineer, shall be considered as included in the lump sum prices paid for "TRAFFIC CONTROL", and no additional compensation will be allowed therefor. The provisions in this Section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. Such approved modifications or alterations shall be adopted immediately and shall be considered paid in full as a part of the lump sum contract bid price for "TRAFFIC CONTROL", and no additional compensation will be allowed therefor. SP-45 SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section 9- 3.4, "Mobilization", of the "Greenbook" Standard Specifications. Mobilization may include, but not be limited to, the following principal items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Providing a Project Office. 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these Specifications, including but not limited to Railroad Insurance. 6. Moving onto the site, including, but not limited to: a. Equipment b. Arranging for and erection of Contractor's work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. 8. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet(as required). 9. Installing all temporary utilities (as required). 10. Establishing required fire protection provisions. 11. Posting all OSHA required notices and establishment of safety programs. 12. Posting of all Department of Labor notices. 13. Having the Contractor's superintendent at the job site full-time and responding 24 hours per day. 14. Air and water quality protective measures, as necessary, and without limitation. 15. Potholing and other research and review as necessary to verify site conditions and utility locations. 16. Demobilization of the Site. 17. Any other item as specified. The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall be included in the Bid Item provided for mobilization and demobilization and incidental project costs as a lump sum item, for which 75 percent (75%) will be eligible for inclusion in the first progress payment, with the remaining 25 percent(25%) not eligible for inclusion until 100 percent (100%) of the work has been completed and if progress of the work is satisfactory. SP-46 No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met. 10-1.02 PAYMENT — The contract bid lump sum price paid for "MOBILIZATION" shall be deemed to include the cost of work in advance of construction operation and not directly attributable to any specific bid item, and no additional compensation will be allowed therefor. SP-47 SECTIONS 11 THROUGH 49 INTENTIONALLY LEFT BLANK SP-48 SECTION 50 50-1 REMOVE EXISTING SHORING AND REINSTALL PER PLANS AND SPECIFICATIONS NO. 13007 AND AS DIRECTED BY THE ENGINEER 50-1.01 GENERAL -- Removal of Existing Shoring and Reinstallation Per Plans and Specifications No. 13007 and as Directed By The Engineer may include, but is not limited, to the following principal items. 1. Inspection of the site. 2. Disassembly of the existing shoring, one bent at a time, to the extent necessary to allow the Engineer to inspect the components and determine which may need to be replaced. 3. Supplying and installation of new components where indicated in Plans and Specifications No. 13007 and as directed by the Engineer. 4. Reinstallation of the shoring per Plans and Specifications No. 13007 and as directed by the Engineer. 50-1.02 PAYMENT — The contract bid lump sum price paid for "REMOVE EXISTING SHORING AND REINSTALL PER PLANS AND SPECIFICATIONS NO. 13007 AND AS DIRECTED BY THE ENGINEER" shall include supply all necessary equipment, materials and workmanship to remove and reinstall the existing shoring as indicated on Plans and Specifications No. 13007 and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-49 APPENDIX BURLINGTON NORTHERN AND SANTA FE (BNSF) PERMIT REQUIREMENTS BNSF Railway Company MAJOR INSURANCE REQUIREMENTS For Completion of: Industrial Track Agreement(ITA) Lease of Land for Construction/Rehabilitation of Track (CL) Contractor's Right of Entry Agreement(CROE) Industry Track Lease Agreement(TL) Industrial Track Agreement(ITA) ITA required as a prerequisite to BNSF service on a privately owned spur track. Agreement outlines ownership, operation and maintenance responsibilities of parties relative to a private spur track. Other agreements may be required depending on the specific circumstances. 1) Commercial General Liability Insurance- $1 MM per occurrence& $2MM aggregate—Section 5a 2) 50' Endorsement- Insurance covers incidents within 50 feet of railroad property—Section 5a 3) Workers Compensation- $500,000 each accident—Section 5b 4) Insurance Company must have a Best's Guide Rating of A-and Class VII or better— Section 5 5) Certificate of Insurance shall be furnished to BNSF which outlines above—Section 5 Lease of Land for Construction/ Rehabilitation of Track (CL) Required in conjunction with an Industry Track Agreement and in all situations where Industry will own, maintain or rehabilitate track located on BNSF property, even if there is a corresponding land lease or track lease. Basic Requirements: 1) Commercial General Liability Insurance (GL) -$1 MM per occurrence&$2MM aggregate—Section 12a 2) 50' Endorsement- Insurance covers incidents within 50 feet of railroad property—Section 12a 3) Workers Compensation- $500,000 each accident—Section 12b 4) Insurance Company must have a Best's Guide Rating of A- and Class VII or better— Section 12 5) Certificate of Insurance shall be furnished to BNSF which outlines above—Section 12 Construction Requirements (A) Industry performing construction (B) Industry hiring contractor to perform construction (A)Construction Requirements: Industry Performing Construction (Exhibit C applies) 1) Commercial General Liability Insurance (GL) - $5MM per occurrence&$10MM aggregate—Section la 2) 50' Endorsement- Insurance covers incidents within 50 feet of railroad property—Section 1a 3) The employee and workers compensation related exclusions shall not apply to Railroad employees —Section la 4) Business Automobile Insurance- $1 MM per occurrence—Section 1 b 5) Workers Compensation- $500,000 each accident—Section lc 6) Railroad Protective Liability Ins. (RPLI) - $5MM per occurrence & $10MM aggregate—Section 1 d**** 7) Waiver of Subrogation in favor of BNSF Railway —Section 2 8) BNSF Railway and Staubach Global Services must be added as an Additional Insured—Section 2 9) Any coverage afforded to the additional insured, BNSF Railway, is primary and non-contributory. 10) Insurance Company must have a Best's Guide Rating of A- and Class VII or better— Section 2 11) Certificate of Insurance shall be furnished to BNSF which outlines above—Section 2 (B)Construction Requirements: Industry Hiring Contractor to Perform Construction If Industry hires a contractor to perform construction, Industry must comply with the Basic Requirements: 1) Commercial General Liability Insurance(GL) - $1MM per occurrence&$2MM aggregate—Section 12a 2) 50' Endorsement- Insurance covers incidents within 50 feet of railroad property—Section 12a 3) Workers Compensation-$500,000 each accident—Section 12b 4) Insurance Company must have a Best's Guide Rating of A-and Class VII or better— Section 12 5) Certificate of Insurance shall be furnished to BNSF which outlines above—Section 12 Contractor must comply with requirements for Contractor's Right of Entry. Contractor's Right of Entry Agreement(CROE) CROE required if a private contractor is engaged to construct or rehabilitate any track that is located on BNSF property. 1) Commercial General Liability Insurance (GL) - $5MM per occurrence&$10MM aggregate—Section 4a 2) 50' Endorsement- Insurance covers incidents within 50 feet of railroad property—Section 4a 3) The employee and workers compensation related exclusions shall not apply to Railroad employees —Section 4a 4) Business Automobile Insurance- $1 MM per occurrence—Section 4b 5) Workers Compensation- $500,000 each accident—Section 4c 6) Railroad Protective Liability Ins. (RPLI) - $5MM per occurrence& $10MM aggregate—Section 4d**** 7) Waiver of Subrogation in favor of BNSF Railway —Section 4 8) BNSF Railway and Staubach Global Services must be added as an Additional Insured—Section 4 9) Any coverage afforded to the additional insured, BNSF Railway, is primary and non-contributory. 10) Insurance Company must have a Best's Guide Rating of A-and Class VII or better— Section 4 11) Certificate of Insurance shall be furnished to BNSF which outlines above—Section 4 ****Industry, or its contractor, has the opportunity to elect to participate in BNSF's blanket RPLI coverage. Industry Track Lease Agreement(TL) Track Lease is required prior to customer receiving service on a BNSF owned track. Agreement outlines operation and maintenance of track. A separate Land Lease will be required if the commodity loaded or unloaded is environmentally sensitive or if customer utilizes BNSF property for storage, parking or improvements. 1) Commercial General Liability Insurance—Section 14a • Industry Track Lease(Form 302): $2MM per occurrence, $4MM aggregate • Track Lease for Switching of Cars (Form 304): $5MM per occurrence, $10MM aggregate 2) The employee and workers compensation related exclusions shall not apply to railroad employees — Section 14a 3) 50' Endorsement- Insurance covers incidents within fifty(50) feet of railroad property— Section 14a 4) Business Automobile Insurance- $1 MM per occurrence—Section 14b 5) Worker's Compensation Insurance-$500,000 each—Section 14c 6) Property Liability - Names BNSF Railway Co. as loss payee as per endorsement—Section 14d 7) Waiver of Subrogation in favor of BNSF Railway Co. —Section 14 8) BNSF Railway Co. and Staubach Global Services- RR, Inc. must be added as additional insured— Section 14 Industry Track Lease Agreement (TL) continued 9) Any coverage afforded to the additional insured, BNSF Railway Co., is primary and non-contributory- Section 14 10) Insurance Company must have a Best's Guide Rating of A- and Class VII or better- Section 14 11) Certificate of Insurance shall be furnished to BNSF which outlines above-Section 14 Multiple Agreements Please note that in many circumstances more than one agreement may be required to cover all aspects of your project. Early identification of all uses that will require an agreement will help reduce the total amount of time involved in finalizing all agreements. e.g., Track construction projects require both an Industry Track Agreement and a Lease of Land for Track Construction and Rehabilitation. If a private contractor will be hired to perform the track construction, then they will be required to execute a Contractor's Right of Entry Permit and provide insurance. e.g., If any BNSF track and/or property is to be utilized, a corresponding Track Lease and/or Land Lease will be required. If utilities lines to serve the facility will cross BNSF owned track, then each such installation will require a separate permit to cover the specific utility involved. If the location involves the crossing of BNSF tracks, then a Private Crossing Agreement will be required. NOTE: BNSF Railway Company will not execute any Track Agreements until all insurance documents have been received and approved. • Please provide this document and all agreement copies to your Risk Management Department, Insurance Agent or Insurance Underwriter, as soon as possible. • For questions regarding BNSF Railway's insurance requirements please contact a member of the BNSF Risk Management department:Jamie Johnson(817-352-3485), Vickie Barnett (817-352-2414)or Kevin Burrin(817-352-3477). STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION EXCERPTS FROM THE CALIFORNIA LABOR CODE RELATING TO APPRENTICES ON PUBLIC WORKS Chapter 1 of Division 2 APPRENTICES ON PUBLIC WORKS 1773.3. An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall, within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee regarding all such awards applicable to the joint apprenticeship committee making the request. Within five days of a finding of any discrepancy regarding the ratio of apprentices to journeymen, pursuant to the certificated fixed number of apprentices to journeymen,the awarding agency shall notify the Division of Apprenticeship Standards. 1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1)The information contained in the payroll record is true and correct. (2)The employer has complied with the requirements of Sections 1771, 1811,and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However,a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated.Any copy of records made available for inspection by,or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978(Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fee and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. (f)The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall,within five working days,provide a notice of a change of location and address. (g) The contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded,forfeit twenty-five dollars($25) for each calendar day,or portion thereof,for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. (i) The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5(commencing with Section 6250), Division 7,Title 1, Government Code) and the Information Practices Act of 1977, (Title 1.8(commencing with Section 1798),Part 4,Division 3,Civil Code)governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (j)This section shall remain in effect only until January 1,2003,and as of that date is repealed,unless a aater enacted statute,that is enacted before January 1,2003,deletes or extends that date. 1776. (a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name,address, social security number,work classification, and straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeyman,apprentice,worker,or other employee employed by him or her in connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However,a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph(2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the contractor. (c)The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) Each contractor shall file a certified copy of the records enumerated in subdivision (a)with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address,and social security number.The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's social security number. (f)The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall,within five working days,provide a notice of a change of location and address. (g)The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10-day period,he or she shall,as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement,these penalties shall be withheld from progress payments then due. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.These stipulations shall fix the responsibility for compliance with this section on the prime contractor. (i) The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5(commencing with Section 6250), Division 7,Title 1, Government Code) and the Information Practices Act of 1977, (Title 1.8(commencing with Section 1798),Part 4,Division 3,Civil Code)governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (j)This section shall become operative January 1,2003. 1777.5.(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. (b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for • apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. (c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either (1) the apprenticeship standards and apprentice agreements under which he or she is training or (2) the rules and regulations of the California Apprenticeship Council. (d) When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in 2 the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision(o). (e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed.A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards,but,except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. (h)This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed.Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio.The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or,in the case of a subcontractor,before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision(g). (j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio,as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met: (1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4)Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life,safety,or property of fellow employees or the public at large,or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. (1)When an exemption is granted pursuant to subdivision(k)to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. (m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. 3 (2) At the conclusion of each fiscal year, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, 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 apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. (B) If there are two or more approved multiemployer 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 State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the division in administering this subdivision. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. (o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars($30,000). (p)All decisions of an apprenticeship program under this section are subject to Section 3081. 1777.6. 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, sex,or age,except as provided in Section 3077,of such employee. 1777.7. (a) (1) A contractor or subcontractor that is determined by the Chief of the Division of Apprenticeship Standards to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding one hundred dollars($100) for each full calendar day of noncompliance.The amount of this penalty may be reduced by the Chief if the amount of the penalty would be disproportionate to the severity of the violation. A contractor or subcontractor that knowingly commits a second or subsequent violation of Section 1777.5 within a three-year period, where the noncompliance results in apprenticeship training not being provided as required by this chapter, shall forfeit as a civil penalty the sum of not more than three hundred dollars($300) for each full calendar day of noncompliance. Notwithstanding Section 1727, upon receipt of a determination that a civil penalty has been imposed by the Chief, the awarding body shall withhold the 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 provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance. (b) In the event a contractor or subcontractor is determined by the Chief to have knowingly committed a serious violation of any provision of Section 1777.5, the Chief may also deny to the contractor or subcontractor, and to 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 first violation and for a period of up to three years for a second or subsequent violation. Each period of debarment shall run from the date the determination of noncompliance by the Chief becomes a final order of the Administrator of Apprenticeship. (c) (1)An affected contractor, subcontractor, or responsible officer may obtain a review of the determination of the Chief imposing the debarment or civil penalty by transmitting a written request to the office of the Administrator within 30 days after service of the determination of debarment or civil penalty.A copy of this report shall also be served on the Chief. If the Administrator does not receive a timely request for review of the determination of debarment or civil penalty made by the Chief,the order shall become the final order of the Administrator. (2)Within 20 days of the timely receipt of a request for review, the Chief shall provide the contractor, subcontractor, or responsible officer the opportunity to review any evidence the Chief may offer at the hearing. The Chief shall also promptly disclose any nonprivileged documents obtained after the 20-day time limit at a time set forth for exchange of evidence by the Administrator. (3) Within 90 days of the timely receipt of a request for review, a hearing shall be commenced before the Administrator or an impartial hearing officer designated by the Administrator and possessing the qualifications of an administrative law judge pursuant to subdivision (b) of Section 11502 of the Government Code. The affected contractor, subcontractor,or responsible officer shall have the burden of providing evidence of compliance with Section 1777.5. (4) Within 45 days of the conclusion of the hearing, the Administrator shall issue a written decision affirming, modifying, or dismissing the determination of debarment or civil penalty.The decision shall contain a statement of the factual and legal basis for the decision and an order.This decision shall be served on all parties and the awarding body pursuant to Section 1013 of the Code of Civil Procedure by first-class mail at the last known address of the party that the party has filed with the Administrator. Within 15 days of issuance of the decision, the Administrator may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. (5) An affected contractor, subcontractor, or responsible officer who has timely requested review and obtained a decision under paragraph(4) may obtain review of the decision of the Administrator by filing a petition for a writ of mandate to 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 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 superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business.The clerk,immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order.A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes.The clerk shall not charge for the service performed by him or her pursuant to this section.An awarding body that has withheld funds in response to a determination by the Chief imposing a penalty under this section shall, upon receipt of a certified copy of a final order of the Administrator, promptly transmit the withheld funds,up to the amount of the certified order,to the Administrator. (d) If a subcontractor is found to have violated Section 1777.5, the prime contractor of the project is not liable for any penalties under subdivision (a), unless the prime contractor had knowledge of the subcontractor's failure to comply with the provisions of Section 1777.5 or unless the prime contractor fails to comply with any of the following requirements: (1) The contract executed between the contractor and the subcontractor or the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. (2)The contractor shall continually monitor a subcontractor's use of apprentices required to be employed on the public works project pursuant to subdivision (d) of Section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. (3) Upon becoming aware of a failure of the subcontractor to employ the required 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 final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. (e)Any funds withheld by the awarding body pursuant to this section shall be deposited in the General Fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if the awarding body is an entity other than the state. (1)The Chief shall 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 following circumstances: (1) Whether the violation was intentional. (2) Whether the party has committed other violations of Section 1777.5. (3) Whether, upon notice of the violation, the party took steps to voluntarily remedy the 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 review of a decision by the Chief to impose a monetary penalty or period of debarment, the Administrator shall decide 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 California Apprenticeship Council. The Administrator may adopt regulations to establish guidelines for the imposition of monetary penalties and periods of debarment and may designate precedential decisions under Section 11425.60 of the Government Code. NOTE: THE ABOVE CALIFORNIA LABOR CODE SECTIONS ARE AVAILABLE FROM THE INTERNET @n, www.dir.ca.gov/. DAS 10 (Rev. 04-02) 5 CALIFORNIA DEPARTMENT OF TRANSPORTATION ( CALTRANS ) STANDARDS/REFERENCES STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION MUTCD NUMBER None CODE SC6 MT. VERNON BRIDGE 5/8" 2-5/8" R 7 /--a. 1" i 4" l N TICE t "E" fit— 4 46 1" WILL BE 4"B 4 i6.,® # CLOSED 60" ` ;5- 1/2" TEMPORARILY 14"D FRI. JAN. 20, 2019-- 1 2ND* THRU {3"D MON. JAN. 23, 201 4 , 13"Di ti #5-1/2" Location of SC6-1 or SC6-2 when applicable. 48" • *NOTE: Days, Dates and Times will vary, specify when ordering (See also SC6-1 and SC6-2 for alternate messages). COLOR BORDER&LEGEND-BLACK NON-REFLECTIVE) BACKGROUND-ORANGE(REFLECTIVE) •THE POLICY FOR INTENDED USAGE OF THIS SIGN IS SHOWN ON REVERSE SIDE• 9-/- DEPUTY CH F,DIVISION OF TRAFFIC ERATIONS DATE REVISION REVISION CONCRETE PADS Appropriately designed portable concrete slabs may be used as falsework pads. --jar--- X L One portable concrete slab, 6 feet by 4 feet by 5 1/2 inches in depth, reinforced with a bottom mat of welded wire mesh, as depicted below has been reviewed as a substitution for timber pads . - 6 " 3 • - 0- - 1• - 6" X12 x 12 Corbels-- rTh 5 l/2 ,�- 1 1 I 1/2- Clear Rebar Pick Point k6• _ 0 - )1 A 6x9 D20/010 �.--- 4 - 0 - Welded Wire Mesh r---- I6 A 9- Grade 60 K �T ' v FALSEWORK MEMO NO. 17 (4/93) C-17-1 Design and analysis were completed using text-book load factor design for concrete. The concrete pads meet the criteria of wood pads as outlined in Section 7-2 . 03B, "Pad Analysis at Exterior Posts", of the falsework manual. PERMITTED USE Concrete pads which are fabricated as indicated above may be used in lieu of ti:T'wer pads for falsework. Concrete strength shu ll not be less than f' c = 3, 500 psi. The reinforcing welded wire mesh is to be grade 60 . The concrete pad is to be fabricated with the reinforcing mat 1 1/2" clear above the base of the pad and with the 9" spacing placed in the long direction of the pad. The location of the corbels on the concrete pads is critical because of flexural considerations . Two corbels per concrete pad shall be located only as shown in the drawing on the previous age . Corbels shall be long enough to extend the full width of the concrete pads. Design soil bearing pressure for these portable concrete pads is not to exceed 4, 000 psf. A certificate of compliance from the pad fabricator should be obtained for concrete pads to be used on the project. The certificate of compliance should contain the following information: 1 . It should certify that the concrete meets the compressive strength requirements. 2 . It should certify that the steel mesh is of the type and quality specified. 3 . It should certify that the pad is fabricated as indicated in the sketch. 4 . It should bear the seal of the design engineer. 5 . It should indicate how the individual pads may be identified. FALSEWORK MEMO NO. 17 (4/93) C-17-2 CONTRACT AGREEMENT AGREEMENT CITY OF SAN BERNARDINO FIA THIS AGREEMENT is made and concluded this a day of 1`- f , 20 (ti , between the City of San Bernardino(owner and hereinafter"CITY"), and - ._ (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY,to furnish all materials,tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS. BRIDGE NO. 54C-0066 in strict conformity with Plans and Special Provisions No. 13007 , and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof 2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions,and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract,nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy,as recipient deems appropriate. AGREEMENT: REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE OVERCROSSING AT THE BNSF YARDS PER PLAN NO. 13007.BRIDGE NO. 54C-0066. 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns,do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF,the parties of these presents have executed this contract in four(4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: `t- 'l - BY: 41 v V ,CALLEN PARKER City Manager BY: (- _= TITLE: C '�.� c ATTEST: MAILING ADDRESS: S rein/910 y-,1 ` es'ORGEANN A vt�, !'S e ySt\ City Clerk PHONE NO.: ) `-l APPROVED AS TO FORM: ATTEST: (2-KO-61.- la GAR AENZ,City Attorney Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation,Secretary should attest. EXECUTED IN TRIPLICATE BOND NO. 2175759 AM Document A312 PREMIUM:$3,087.00 Premium Performance Bond And isnorC Adjustment Based And Is Subject To Adjustment Based On Final Contract Price Conforms with the American Institute of Architects,AIA Document A312. Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): GMZ ENGINEERING, INC. 5739 KANAN ROAD, NO. 134 NORTH AMERICAN SPECIALTY INSURANCE COMPANY AGOURA HILLS, CA 91301-3358 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 OWNER(Name and Address): CITY OF SAN BERNARDINO 300 NORTH "D"STREET,3RD FLOOR SAN BERNARDINO, CA 92418-0001 CONSTRUCTION CONTRACT Date:MARCH 4, 2014 Amount: ONE HUNDRED THIRTY NINE THOUSAND ONE HUNDRED FIFTY AND NO/100($139,150.00) Description(Name and Location). REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MT.VERNON AVENUE OVERCROSSING AT THE BNSF YARDS BRIDGE NO.54C-0066 BOND Date(Not earlier than Construction Contract Date): MARCH 6,2014 Amount: ONE HUNDRED THIRTY NINE THOUSAND ONE HUNDRED FIFTY AND NO/100($139,150.00) Modifications to this Bond: ®None I]See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) GMZ ENGINEERING, INC. NORTH AMERICAN SPECIALTY INSURANCE COMPANY Signature: Signature: ri(�/ v Name and Title: GHAZI M ARAK, PRESIDENT Name and Title: MARK D. IATAROLA,ATTORNEY-IN-FACT (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY-Name,Address and OWNER'S REPRESENTATIVE (Architect, Engineer or other Telephone)AGENT or BROKER: party): MALONEY AND ASSOCIATES 435 WEST GRAND AVENUE ESCONDIDO,CA 92025 760/738-2610 1 The Contractor and the Surety,jointly and severally, bind themselves, perform the Construction Contract, but such an agreement shall their heirs,executors,administrators,successors and assigns to the Owner for not waive the Owner's right, if any, subsequently to declare a the performance of the Construction Contract, which is incorporated herein Contractor Default;and by reference. 3.2 The Owner has declared a Contractor Default and formally 2 If the Contractor performs the Construction Contract,the Surety and the terminated the Contractor's right to complete the contract. Such Contractor shall have no obligation under this Bond, except to participate in Contractor Default shall not be declared earlier than twenty days conferences as provided in Subparagraph 3.1. after the Contractor and the Surety have received notice as 3 If there is no Owner Default, the Surety's obligation under this Bond provided in Subparagraph 3.1;and shall arise after: 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering Construction Contract or to a contractor with the to terms of the declaring a Contractor Default and has requested and attempted to Construction Contract in accordance with the terms of the contract with the Owner. arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of 4 When the Owner has satisfied the conditions of Paragraph 3,the performing the Construction Contract. If the Owner,the Contractor and Surety shall promptly and at the Surety's expense take one of the the Surety agree, the Contractor shall be allowed a reasonable time to following actions: SURETY 5026(6-92) S-1852/GEEF10/99 Page 1 of 2 4.1 Arrange for the Contractor,with consent of the Owner,to perform 7 The Surety shall not be liable to the Owner or others for obligations of and complete the Construction Contract;or the Contractor that are unrelated to the Construction Contract, and the 4.2 Undertake to perform and complete the Construction Contract Balance of the Contract Price shall not be reduced or set off on account of itself,through its agents or through independent contractors;or any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, 4.3 Obtain bids or negotiated proposals from qualified contractors administrators or successors. acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for 8 The Surety hereby waives notice of any change,including changes of execution by the Owner and the contractor selected with the Owner's time, to the Construction Contract or to related subcontracts, purchase concurrence, to be secured with performance and payment bonds orders and other obligations. executed by a qualified surety equivalent to the bonds issued on the 9 Any proceeding, legal or equitable,under this Bond may be instituted Construction Contract, and pay to the Owner the amount of damages in any court of competent jurisdiction in the location in which the work or as described in Paragraph 6 in excess of the Balance of the Contract part of the work is located and shall be instituted within two years after Price incurred by the Owner resulting from the Contractor's default;or Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its 4.4 Waive its right to perform and complete, arrange for completion, obligations under this Bond,whichever occurs first.If the provisions of this or obtain a new contractor and with reasonable promptness under the Paragraph are void or prohibited by law,the minimum period of limitation circumstances: available to sureties as a defense in the jurisdiction of the suit shall be applicable. .1 After investigation,determine the amount for which it may 10 Notice to the Surety,the Owner or the Contractor shall be mailed or be liable to the Owner and,as soon as practicable after the delivered to the address shown on the signature page. amount is determined, tender payment therefor to the Owner;or 11 When this Bond has been furnished to comply with a statutory or other .2 Deny liability in whole or in part and notify the Owner legal requirement in the location where the construction was to be citing reasons therefor. performed, any provision in this Bond conflicting with said statutory or 5 If the Surety does not proceed as provided in Paragraph 4 with legal requirement shall be deemed deleted herefrom and provisions reasonable promptness, the Surety shall be deemed to be in default on this conforming to such statutory or other legal requirement shall be deemed Bond fifteen days after receipt of an additional written notice from the incorporated herein. The intent is that this Bond shall be construed as a Owner to the Surety demanding that the Surety perform its obligations statutory bond and not as a common law bond. under this Bond, and the Owner shall be entitled to enforce any remedy 12 DEFINITIONS available to the Owner. If the Surety proceeds as provided in Subparagraph 12.1 Balance of the Contract Price:The total amount payable by the 4.4, and the Owner refuses the payment tendered or the Surety has denied Owner to the Contractor under the Construction Contract after all liability, in whole or in part, without further notice the Owner shall be proper to the Contractor have been made, including allowance to the entitled to enforce any remedy available to the Owner. Contractor of any amounts received or to be received by the Owner in 6 After the Owner has terminated the Contractor's right to complete the settlement of insurance or other claims for damages to which the Construction Contract, and if the Surety elects to act under Subparagraph Contractor is entitled,reduced by all valid and proper payments made 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner to or on behalf of the Contractor under the Construction Contract. shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be 12.2 Construction Contract: The agreement between the Owner and greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond,but subject to commitment by the Owner the Contractor identified on the signature page,including all Contract of the Balance of the Contract Price to mitigation of costs and damages on Documents and changes thereto. the Construction Contract,the Surety is obligated without duplication for: 12.3 Contractor Default:Failure of the Contractor,which has neither 6.1 The responsibilities of the Contractor for correction of defective been remedied nor waived, to perform or otherwise to comply with work and completion of the Construction Contract; the terms of the Construction Contract. 6.2 Additional legal, design professional and delay costs resulting 12.4 Owner Default:Failure of the Owner,which has neither been from the Contractor's Default,and resulting from the actions or failure remedied nor waived, to pay the Contractor as required by the to act of the Surety under Paragraph 4;and Construction Contract or to perform and complete or comply with the other terms thereof. 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: S-1852/GEEF 10/99 Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On 03/06/2014 before me, GLENDA J. GARDNER, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s-) is/a*e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hcr/thcir authorized capacity(ies•), and that by his/hcr/thcir signatureW on the instrument the person(e3, or the entity upon behalf of which the person(s) f acted, executed the instrument. GLENDA J.GARDNER NOTARY PUBLIC-CALIFORNIA I certify under PENALTY OF PERJURY under the laws of ?' COMM.NO.2012529 the State of California that the foregoing paragraph is true • SAN DIEGO COUNTY and correct. MY COMM.EXP.MARCH 16,2017 Witness my hand and official seal. /' Signature CA d. `� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name:MARK D. IATAROLA Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): ❑ Corporate Officer Title(s): ❑ Partner-----❑Limited❑ General ❑ Partner—❑Limited❑ General 71 Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: !�2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•www.NationalNotary.org !tern#5907 Reorder Call Toll-Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: JOAN G.MALONEY,HELEN MALONEY,MICFIELLE M. BASUIL, GLENDA J.GARDNER,MARK D.IATAROLA and DEBORAH D.DAVIS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount o£ FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." ":�G‘!r"lJ1iY ,f//i �a `oµatnaau�ouWa 5 P q `tr �StONg4,y a`2 O 7�..g��. B}, �t�..f•OtiPOI /47 SEAL :O= Steven P.Anderson,Senior Vice President of Washington International Insurance Company 2i SEAL iZ 3 W•%.�j, 1973 Ptuin` &Senior Vice President of North American Specialty Insurance Company 0O: m ru liii l B` G'S •..*..••*eta David M.Layman,Vice President of Washington International Insurance Company aarmna &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Lrsurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this10th day of December •2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 10th day of December ,2012 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL I a 1 DONNA D.SKLENS I Notary Public,State of Illinois t Donna D.Sklens,Notary Public 1241 Commission Ez ires 10/06/20151 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Con-IN-dies this 6th day of MARCH ,20 14 . Jeffrey Goldberg,vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company f i PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN TRIPLICATE LABOR AND MATERIAL PAYMENT BOND Bond No. 2175759 Conforms with The American Institute of Architects A.I.A.Document No.A-311 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that GMZ ENGINEERING, INC. (Here insert full name and address or legal title of Contractor) 5739 KANAN ROAD,NO. 134 AGOURA HILLS,CA 91301-3358 as Principal,hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) NORTH AMERICAN SPECIALTY INSURANCE COMPANY 681 SOUTH PARKER STREET,SUITE 130 ORANGE, CA 92868 as Surety,hereinafter called Surety,are held and firmly bound unto CITY OF SAN BERNARDINO (Here insert full name and address or legal title of Owner) 300 NORTH"D"STREET,3RD FLOOR SAN BERNARDINO, CA 92418-0001 as Obligee,hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED THIRTY NINE THOUSAND ONE HUNDRED FIFTY AND NO/100 Dollars($139,150.00 )• for the payment whereof Principal and Surety bind themselves,their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated MARCH 4 , 2014 , entered into a contract with Owner for (Here Insert full name,address and description of project) REMOVAL OF EXISTING SHORING AND INSTALLATION OF REPLACEMENT TEMPORARY SHORING FOR MT.VERNON AVENUE OVERCROSSING AT THE BNSF YARDS BRIDGE NO.54C-0066 in accordance with Drawings and Specifications prepared by `� y h �!` ' (Here insert full name and address or legal title of Architect) ✓- V ti'-Y'' I j/q-'Z[' 4>-L 1 i/'' �P " which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. S-1220/GEEF 10199 Page 1 of 2 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the were furnished, or for whom the work or labor was done or performed. Principal or with a Subcontractor of the Principal for labor, material, or Such notice shall be served by mailing the same by registered mail or both, used or reasonably required for use in the performance of the certified mail, postage prepaid, in an envelope addressed to the Principal, Contract, labor and material being construed to include that part of water, Owner or Surety, at any place where an office is regularly maintained for gas, power, light, heat, oil, gasoline, telephone service or rental of the transaction of business,or served in any manner in which legal process equipment directly applicable to the Contract. may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who b)After the expiration of one(1)year following the date on which Principal has not been paid in full before the expiration of a period of ninety(90) ceased Work on said Contract, it being understood, however, that if any days after the date on which the last of such claimant's work or labor was limitation embodied in this bond is prohibited by any law controlling the done or performed,or materials were furnished by such claimant,may sue construction hereof such limitation shall be deemed to be amended so as to on this bond for the use of such claimant, prosecute the suit to final be equal to the minimum period of limitation permitted by such law. judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. c)Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part 3.No suit or action shall be commenced hereunder by any claimant: thereof, is situated, or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following:the 4. The amount of this bond shall be reduced by and to the extent of Principal,the Owner, or the Surety above named,within ninety(90)days any payment or payments made in good faith hereunder, inclusive of the after such claimant did or performed the last of the work or labor, or payment by Surety of mechanics'liens which may be filed of record against furnished the last of the materials for which said claim is made, stating said improvement, whether or not claim for the amount of such lien be with substantial accuracy the amount claimed and the name of the party to presented under and against this bond. whom the materials Signed and sealed this 6TH day of MARCH 2014 GMZ ENGINEERING, INC. (Seal) (Witness) { (Principal) GHAZI MUBARAK, PRESIDENT (Title) NORTH AMERICAN SPECIALTY INSURANCE COMPANY (Seal) (Witness) { (Surety) l BY: /144/0. MARK D. IATAROLA,ATTORNEY-IN-FACT (Title) S-1220/GEEF 10/99 Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On 03/06/2014 before me, GLENDA J. GARDNER, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/afe subscribed to the within instrument and acknowledged to me that he/oho/they executed the same in his/her/their authorized capacity(4ee), and that by his/hcr/thcir signature(3 on the instrument the person(e), or the entity upon behalf of which the person(&) • �, OFFtGAL SEAL acted, executed the instrument. GLENDA J.GARDNER NOTARY PUBLIC-CALIFORNIA I certify under PENALTY OF PERJURY under the laws of COMM.NO.2012529 the State of California that the foregoing paragraph is true SAN DIEGO COUNTY and correct. rj�i�. MY CUMM,E7(P,MARCH 16,2017 Witness my hand and official seal. /" Signature t� 6/a a— c Z Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: MARK D. IATAROLA Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-- -Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited❑ General ❑ Partner ❑ Limited❑General W( Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: :>�.`C�;�i`�`�`t?�`.:`�.'�-`4`�:`�`C.�`G.�`�.`�.`Ct:`��k)�,:`L`ri✓`f�.(.`T{.`�`_4`�`�:'Z`�:.'C�Zv'�:'�`�`1-' `�f.''�%C�1v �.�h"�`C:`�Ci�%c?�f3'�`£."'�: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: JOHN G.MALONEY,HELEN MALONEY,MICHELLE M.BASUIL, GLENDA J.GARDNER,MARK D.IATAROLA and DEBORAH D.DAVIS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with�regar d to any bond,undertaking or contract of surety to which it is attached." 1�c�QC,�PPOfl�l..G.g ecI•5.t9NA(:74 SEAL :n=_ z.: m; Steven P.Anderson,Senior Vice President of Washington International Insurance Company z SEAL .S 's W; 1973 tu:q &Senior Vice President of North American Specialty Insurance Company b t ,m t ��Qh.o y��N IP 1Nd.0 .* By h '. ... David M.Layman,Vice President of Washington International Insurance Company awn &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty hlsurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers thisl Oth day of December ,2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS. On this 10th day of December ,20 12 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International hlsurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. � - t n "OFFICIAL SEAL" p„ 4„• r la 1 DONNA D.SKLENS 4 Notary Public,State of Illinois t Donna D.Sklens,Notary Public 1 My Commission E&pires 10/06/2015 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington hrternational Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in fill force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 6th day of MARCH ,20 14 . Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company `'4R° CERTIFICATE OF LIABILITY INSURANCE DA „11 r/Y) PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Coveragelink Insurance Services Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1280 E LINCOLN AVE#200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ANAHEIM,CA 92805 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PH:(714)774-4606,FAX(886)351-2358 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: UNITED SPECIALTY INSURANCE COMPANY 12537 GMZ ENGINEERING INC. 5739 Kanan Rd#134 INSURER B: FARMERS INSURANCE 21652 Agoura Hills,CA 91301 INSURER C. INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I RI POUCY EFFECTIVE CY EXPIRATION LI R*SRO TYPE OF INSURANCE POLICY NUMBER DATE MMDDY DATE RSBO0f1Y) LETS GENERAL LABILITY SII0504A02184 12/23/2013 12/23/2014 _EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY ITl1M7CGET0-RENTED PREMISES(Ea comers* _ $ 100,000 __.J CLAIMS MADE (XJ OCCUR MED EXP(Any one person) E __.... ....5,000.. PERSONAL&MW INJURY S 2,000,000 GENERAL AGGREGATE S 3,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO S 5,000,000 POLICY CX Ec 1®1 um B _AUTOMOBILE LIABILITY 605481603 08/23/2013 08/23/2014 COMBINED SINGLE LIMIT S 2,000,000 ANY AUTO (Ea ecddent) X ALL OWNED AUTOS �_..... X SCHEDULED AUTOS BODILY INJURY S 2,000,000 (Per person) HIRED AUTOS BODILY INJURY S 2,000,000 NON-OWNED AUTOS (Per accident) ... .. __....._.._._ _......__.._. _. ...._.... PROPERTY DAMAGE (Par accident) 2,000,000 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO . .EA ACC S OTHER THAN AUTO ONLY: _AG_ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR El CLAIMS MADE AGGREGATE S DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND WIC STMT% 0TH- EMPLOYERS'LIABILITY ---_-TORY LIMITS �...ER.Y ANY PROPETOR/PARTNERJEXECUTIVE EL.EACH ACCIDENT $ RI OFFICER/MEMBER EXCLUDED? EL.DISEASE-EA EMPLOYEE S I/yea.describe under SPECIAL PROVISIONS bedew EL DISEASE-POLICY LIMIT S OTHER DESCRIPIION OF OPERATIONS I LOCATIONS/VEHICLES l EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CETIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. GENERAL LIABILITY COVERAGE IS PER PROJECT/OCCURANCE. CERTIFICATE HOLDER CANCELLATION City Of San Bernardino mows ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 300 North D Street,3rd Floor DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 30 DAYS WRITTEN San Bernardino,CA 92478 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. RE( VJ TU M S Q ON:annocio Rime.tweeter haux,ce Agency,aµ Dote:20135101 1 3628.0T00 ACORD 25(2001/08) ®ACORD CORPORATION 1988 Clear Al • POLICY NUMBER:Si 10504A02184 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City Of San Bernardino 300 North D Street, 3rd Floor San Bernardino, CA 92478 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A Section II —Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to I- such work, on the project (other than ability arising art of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed;or added: (2) That portion of"your work"out of which 2. Exduslons the injury or damage arises has been put to its intended use by any person or This insurance does not apply to "bodily injury" organization other than another or"property damage"occurring after: contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 ❑ • POLICYHOLDER COPY SL STATE P.O. BOX 8192, PLEASANTON, CA 94588 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-06-2014 GROUP: POLICY NUMBER: 9000100-2013 CERTIFICATE ID: 10 CERTIFICATE EXPIRES:03-19-2014 10-26-2013/03-19-2014 CITY OF SAN BERNARDINO SL JOB:SHORING MT. VERNON OVERCROSS 0 BNSF BRIDGE NO. 54C-0068 300 N D ST CITY OF SAN BERNARDINO SAN BERNARDINO CA 92418-0001 CA 92418 This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period that will expire or did expire as indicated above. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. /e14...417e0edevill 1411K1er few__ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - GHAZI MAHMOUD MUBARAK PRES,SEC,TRES - EXCLUDED. EMPLOYER OM ENGINEERING INC SL 1581111 KAMAN RD # 134 AGOURA HILLS CA 91301 [P1T,SLJ IREV.1-20121 PRINTED : 03-06-2014