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2014-412
I RESOLUTION NO. 2014-412 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SIERRA PACIFIC 3 ELECTRICAL CONTRACTING FOR THE REPLACEMENT OF EXISTING HPS 4 STREET LIGHT FIXTURES WITH LED FIXTURES AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO, PER PLAN NO. 13019 (SS15-013). 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Sierra Pacific Electrical Contracting, 2542 Avalon Street, Riverside, 8 California 92509 is the lowest responsible bidder for replacement of existing High Pressure 9 Sodium (HPS) street light fixtures with Light Emitting Diode (LED) fixtures at various 10 locations, per Plan No. 13019 (SS15-013). A contract is awarded accordingly to said bidder in 11 a total amount of$151,710.00 with a contingency amount of$15,171.00, but such contract shall 12 be effective only upon being fully executed by both parties. All other bids, therefore, are hereby 13 rejected. The City Manager is hereby authorized and directed to execute said contract on behalf 14 of the City. A copy of the contract is on file in the office of the City Clerk and incorporated 15 16 herein by reference as though fully set forth at length. 17 SECTION 2. This contract and any amendment or modifications thereto shall not take 18 effect or become operative until fully signed and executed by the parties and no party shall be 19 obligated hereunder until the time of such full execution. No oral agreements, amendments, 20 modifications or waivers are intended or authorized and shall not be implied from any act or 21 course of conduct of any party. 22 SECTION 3. The authorization to execute this contract is rescinded if the parties to the 23 contract fail to execute it within sixty(60) days of passage of this Resolution. 24 25 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SIERRA PACIFIC 2 ELECTRICAL CONTRACTING FOR THE REPLACEMENT OF EXISTING HPS STREET LIGHT FIXTURES WITH LED FIXTURES AT VARIOUS LOCATIONS IN 3 THE CITY OF SAN BERNARDINO, PER PLAN NO. 13019 (SS15-013). 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 1 st day of December, 2014, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ X to BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 NICKEL X 14 JOHNSON X 15 MULVIHILL X 16 17 GeorgeaLn Hanna, &ty Clerk 18 A The foregoing resolution is hereby approved this �-- day of Zber, 2014. 19 20 R. CAREY 4AVIS,Mayor 21 City of San Bernardino Approved as to form: 22 GARY D. SAENZ, 23 City Attorney 24 BYS� w� 25 COUNCIL MEETING - 12/1/14 ITEM 50 FILE NO. 1.8009 RESOLUTION #2014-412 ACCT NO. 242-160-5504-8009-0025 CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS SPECIAL PROVISIONS NO. 13019 FOR REPLACEMENT OF EXISTING HPS STREET LIGHT FIXTURES WITH LED FIXTURES AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO STREET LIGHT ENERGY EFFICIENCY PROJECT ONO.54931x; A Exp.� sT CiVI ;? DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO October 2014 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON October 28, 2014 DESCRIPTION OF THE COMPONENTS OF THESE SPECIAL PROVISIONS The "BID and CONTRACT DOCUMENTS" for this project consists of five (4) parts as follows: PART I — Administration PART II — Special Provisions - General Instructions To Bidders Technical Instructions APPENDIX - City Standards Manufacturer Information Apprenticeship & Recycle Standards CONTRACT AGREEMENT The above S parts are bound together in one (1) manual titled "BID AND CONTRACT DOCUMENTS" SPECIAL PROVISIONS NO. 13019 REPLACEMENT OF EXISTING HPS STREET LIGHT FIXTURES WITH LED FIXTURES AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO Contents for Bid and Contract Documents.doc TABLE OF CONTENTS PART I ADMINISTRATION NOTICE INVITING SEALED BIDS A-1 INSTRUCTIONS TO BIDDERS I13-1 BID DOCUMENTS BID FORM B-1 BID SCHEDULE B-2 BIDDER'S INFORMATION AND SIGNATURE C-1 & BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS SPECIAL NOTICE C-2 DESIGNATION OF SUBCONTRACTORS C-3 WORKERS' COMPENSATION INSURANCE CERTIFICATION C-4 NON-COLLUSION AFFIDAVIT C-5 FORM OF BID BOND C-6 MBE/WBE INFORMATION - GOOD FAITH EFFORTS C-7 REFERENCES C-10 PART II SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION I - 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-41 SECTION 10 - MOBILIZATION SP45 SECTION 11 THROUGH SECTION 20 BLANK SP-50 SECTION 21 - STREET LIGHTING SP-51 SECTION 22 THROUGH SECTION 50 BLANK SP-54 APPENDIX CITY STANDARDS STREET LIGHTS LOCATIONS MANUFACTURER INFORMATION STATE OF CALIFORNIA,DEPARTMENT OF INDUSTRIAL RELATIONS & FEDERAL CODE OF REGULATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION STATE OF CALIFORNIA,DEPARTMENT OF TOXIC SUBSTANCE CONTROL CALRECYCLE PROGRAM FOR UNIVERSAL WASTE COLLECTION &FEDERAL ENVIRONMENTAL PROTECTION AGENCY(EPA)REQUIREMENTS CONTRACT AGREEMENT PART I ADMINISTRATION NOTICE INVITING SEALED BIDS CITY OF SAN BERNARDINO Owner NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: REPLACEMENT OF EXISTING HPS STREET LIGHT FIXTURES WITH LED FIXTURES AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO in accordance with Plans and Special Provision No. 13019 in file in the Office of the City Engineer, Third Floor, San Bernardino City Hall. Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the CITY'S website at: www.ci.san-bemardino.ca.us/services/request for bids/public works/default.asp. Conversely, the Project documents are also available on CD, at no cost, if picked in person. Upon request, a CD of the Plans and Special Provisions may be mailed for an additional fee of$10. It is 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's 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. Deliver all bids to the City Engineer's Office, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, with the bidder's name and address, the specification title and number and "SEALED BID " clearly marked on the outside of the envelope Said bids will be received up to the hour of 2:00 p.m., on, Tuesday, October 28, 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 written in figures for each item, and with the total of each item and total of all items extended and inserted in the spaces provided. A-1 The Contractor shall possess a Class "A" License or C-10 Electrical Specialty License at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 50 % of the contract price. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore, the CITY and the bidder agree that the above sum of ten percent shall be paid to the CITY upon the condition above set forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U. S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 10263 and Section 22300 of the California Public Contract Code. A Mandatory Pre-Bid Meeting will be held on Thursday , October 16, 2014, at 2:00 p.m., in the office of the City Engineer, Public Works Division of Development Services, Third Floor, City Hall, 300 North "D" Street, San Bernardino, CA 92418. This meeting is to provide information, to answer questions, to inform bidders of MBEs/WBEs subcontracting and material supply opportunities, and to make the prime Contractor aware of the CITY's outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting is recommended, but the prime may certify that they are familiar with the program and attendance is not required. Attendance and/or certification may be used as part of the good faith effort. Certified minority (MBE/WBE) subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are listed on the California Unified Certification Program (UCP) DBE Directory and can be obtained by accessing the directory on the California Department of Transportation DBE website at http://Www.dot.cagov/hq/bep/index. A-2 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 work classification required in the execution of contracts under jurisdiction of said Mayor and Common Council. Prevailing rates of wages for the State of California 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 referenced and made a part thereof. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than specified rates to all laborers, workers, 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.govIDASIPublicWorksForms.htm. The Contractor shall confirm that all apprentices are registered with an apprenticeship program that is in turn currently registered with the U S Department of Labor Office of Apprenticeship (DOLOA) and listed on the DOLOA website at http://oa.doleta.gov/. The City of San Bernardino (CITY) 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 bid opening. The CITY reserves the right to take all bids under advisement for a period of 90 calendar days If there are any questions regarding this project, please contact the City Engineer's Office, in writing, as follows: A-3 City Engineer's Office San Bernardino City Hall 300 North"D" Street, 3`d Floor San Bernardino, CA 92418-0001 SUBJECT: REPLACEMENT OF EXISTING HPS STREET LIGHT FIXTURES WITH LED FIXTURES AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO Plans and Special Provision No. 13019 Attention: Mirela Grigorescu, Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: grigorescu_mi @sbcity.org (with"Subject: Replacement HPS Fixture with LED Fixtures") 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. 13019 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE: 10/02/14 and 10/08/14 (FIVE DAYS BETWEEN FIRST & SECOND PUBLICATION) A-4 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS ( See also PART II of These Special Provisions) 1. Receipt and Opening of Bids The City of San Bernardino, California (the owner herein called the "CITY"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the CITY at the Office of the City Engineer, 3rd Floor of City Hall until 2:00 P.M., Tuesday, October 28, 2014, and then publicly opened and read aloud in the City Engineer's Conference Room, 3rd Floor of City Hall. All bids shall be delivered 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 for the following project: SPECIAL PROVISIONS NO. 13019 RREPLACEMENT OF EXISTING HPS STREET LIGHT FIXTURES WITH LED FIXTURES AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO The CITY may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bids may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 calendar days after the actual date of opening thereof. 2. Preparation of Bid Each bid must be submitted on the prescribed bid document forms and accompanied by the required bid contract documents following the bid forms. All blank spaces for bid prices must be filled in, in ink or typewritten, with unit prices in figures, and all contract documents must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form and mailed in sufficient time to reach the City Engineer's Office, 3rd Floor of City Hall prior to the day and hour of the scheduled Bid Opening. I13-1 3. Subcontracts The bidder is specifically advised that for any person, firm, or other party, to whom it is proposed to award a subcontract under this contract, the following applies: a. Must be acceptable to the CITY, and; b. Must submit CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY. Approval of the proposed subcontract award cannot be given by the CITY unless and until the proposed subcontractor has submitted the Certification and/or other evidence showing that it has fully complied with any reporting requirement to which it is or was subject. Although the bidder is not required to attach such Certifications by proposed subcontractors to his bid, the bidder is advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 4. 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. 5. Qualifications of Bidder The CITY may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the CITY all such information and data for this purpose, as the CITY may request. The CITY reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the CITY that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. IB-2 6. Bid Security Each bid must be accompanied by cash, cashier's check, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the CITY, in the amount of 10% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the CITY and the accepted bidder have executed the contract, or, if no award has been made within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 7. Liquidated Damages for Failure to Enter Into Contract The successful bidder, upon his failure to refusal to execute and deliver the Contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the CITY, as liquidated damages for such failure or refusal, the security deposited with his bid. 8. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the CITY and to fully complete the project within 60 Working Days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 9. Conditions of Work Each bidder must inform himself fully of the conditions relative to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder to his obligation to furnish all material and labor necessary to carry out the provisions of this contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor. 10. Obligation of Bidder At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Plans and Contract Documents (including all addendums). The failure or omission of any bidder to examine any form; instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. I13-3 11. Addenda and Interpretations No other interpretation of the meaning of the Plans, Specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the City Engineer, City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, California, 92418- 0001; and to be given consideration, must be received at least six(6) working days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Special Provisions which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes) not later than three (3) days prior to the date fixed for the opening of bids. Failure to any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. 12. Security for Faithful Performance Simultaneously with his deliver of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the Document List and Section 3, "Award and Execution of Contract", in PART II of the Special Provisions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the CITY. 13. Power of Attorney Attorneys-in-fact who sign bid bonds or payment and performance contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 14. Notice of Special Conditions Attention is particularly called to those parts of PART I, PART II and PART III of the SPECIAL PROVISIONS which deal with the following: (a) Inspection and testing of materials (b) Insurance requirements (c) Wage rates (d) Stated allowances 15. Laws and Regulations The bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 1134 16. 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. 17. Method of Award -Lowest Qualified Bidder If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the CITY as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the CITY may reject all bids or may award the contract on the base bid combined with such additive alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. IB-5 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 REPLACEMENT OF EXISTING HPS STREET LIGHT FIXTURES WITH LED FIXTURES AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO in strict conformity with Plans and Special Provisions No. 13019 , of the Engineering Division, 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 r SPECIAL REPLACEMENT OF EX WI AT VARIOUS LOCATIO BID ITEM DESCRIPTION OF ITEMS TOTAL NO. REPLACE EXISTING HPS, 10OW WITH i 1. TYPE III(WITH FIELD ADJUSTABLE TI; FACTOR LOCKED TO POSITION F)&PI 9,360.00 CELL OR EQUAL MAXIMUM REPLA(.riircn a FIXTURE 56W REPLACE EXISTING HPS, 15OW WITH CREE XSP2 2. TYPE III(WITH FIELD ADJUSTABLE TUNING 390 00 31,200.00 FACTOR LOCKED TO POSITION E)&PHOTO 80 EA $ /EA $ CELL OR EQUAL MAXIMUM REPLACEMENT FIXTURE 65W REPLACE EXISTING HPS, 15OW WITH CREE XSP2 3. TYPE III(WITH FIELD ADJUSTABLE TUNING FACTOR LOCKED TO POSITION A)&PHOTO 61 EA $390.00/BA $23,790.00 CELL OR EQUAL MAXIMUM REPLACEMENT FIXTURE 101W REPLACE EXISTING BPS, 20OW WITH CREE XSP2 4. TYPE III(WITH FIELD ADJUSTABLE TUNING 390.00 58,890.00 FACTOR LOCKED TO POSITION C)&PHOTO 151 EA $ /EA $ CELL OR EQUAL MAXIMUM REPLACEMENT FIXTURE 83W REPLACE EXISTING HPS, 25OW WITH CREE XSP2 5. TYPE III(WITH FIELD ADJUSTABLE TUNING 27,300 FACTOR LOCKED TO POSITION A)&PHOTO 70 EA $390.00 /EA $ CELL OR EQUAL MAXIMUM REPLACEMENT FIXTURE 101W REPLACE EXISTING HPS, 31OW WITH CREE XSP2 6. TYPE III(WITH FIELD ADJUSTABLE TUNING FACTOR LOCKED TO POSITION A)&PHOTO 3 EA $390.00 IF $ 1,170.00 CELL OR EQUAL MAXIMUM REPLACEMENT FIXTURE 101W TOTAL BID: S 151 ,710.00 B-2 BID NOTES: The unit price must be shown in figures. All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts,"UNIT"prices shall govern over extended amounts. Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to compete 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 DOCUMENT section as their bid to the City. Failure to do so will result in 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 and the Bid and Contract Documents. Time is of the essence in the completion of work encompassed by this bid. Contractor must commence work on street lighting repair within ten (10) calendar days after notification by the CITY. Contractor must pursue the work continuously after commencement of job to complete the entire work order. 60 working days are allowed for this project. BIDDER understands that a bid is required for the entire work,that the quantities set forth in the Bid Schedule are to calculate total bid amount for comparison only, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER agrees that the CITY reserves the right to increase or decrease the amount of any quantity shown in the Bid Schedule and to delete any item from the contract and pay the contractor at the bid unit prices. The CITY will issue to the selected contractor Work Orders that indicate locations,extents,and details for all work to be performed. The contractor shall notify the CITY Inspection Division and provide a schedule for completion of the work at least 48 hours prior to commencing work. Traffic Control: Cost of traffic control is assumed to be included in various bid prices,and no additional payment shall be made. The Contractor shall be responsible for furnishing, placing and maintaining barricades and lights as necessary to protect the public from danger due to all work being done. If lane closures are approved by the Project Manager,the full width of the traveled way shall be open for use by public traffic from 4:00 p.m.to 8:30 a.m.,all day for Saturdays, Sundays, and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress on working days. If the Contractor is allowed to temporarily close a portion of the roadway, a minimum one lane for each direction of travel must be maintained at all times unless otherwise approved by the Project Manager. All lanes must be opened up to traffic between 4:00 PM and 8:30 a.m., daily. The Contractor shall comply with the Manual on Uniform Traffic Control Devices (MUTCD) and the California Supplement, Latest Editions, and all other applicable requirements and standards for traffic control. All other work items not specifically listed above, but necessary to complete the work per applicable standards, including traffic control are assumed to be included in the above various unit bid prices. B-3 BIDDER'S INFORMATION AND SIGNATURE: It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 working days from the date of the"Notice to Proceed", and shall be completed within 60 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.: 264048 CLASSIFICATION(S): C10, A, B DATE: 12/31/2015 # 95-2687802 FIRMNAME: Sierra Pacific Electrical Contracting BUSINESS ADDRESS: 2542 Avalon St. Riverside, CA 92509 BUSINESS PHONE: 951-784-1410 FAX: 951-784-4489 CELL: If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners composing the firm. If a corporation, give the names of the president,secretary,treasurer and manager thereof. Corporation Is Bidder currently a certified DBE? Yes ❑ No Legal Status of Firm NAME(S) ADDRESS(ESl Barry Loop President David Loop Vice President Patience Spina Secretary ����✓ _ Dated: October 28}ao 14 SIGNATURE OF BIDDER: BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 DATE: ADDENDUM NO.2 DATE: ADDENDUM NO.3 DATE: ADDENDUM NO.4 DATE: C-1 SPECIAL NOTICE The bidder's attention is directed to the section entitled, "Required Listing of Proposed Subcontractors", in Section 2 of the special provisions regarding the requirement that proposed subcontractors be listed in the bidder's Bid Documents. Instead of listing only subcontractors for signal and lighting work as in the past, all subcontractors are now to be listed in the Designation of Sub-Contractors for items of work or portions thereof to be subcontracted in excess of one-half of one percent of the total bid or $10,000.00, whichever is greater. In the case where a bidder claims an inadvertent clerical error in listing sub-contractors, a notice of the claim must be submitted to the Office of the City Engineer in writing within 2 working days after the time of the bid opening and send copies of the notice to the subcontractors involved. The bidder shall provide the actual dollar "Sub-Contract Amount" as submitted by each listed sub-contractor, keeping in mind that the prime contractor for this project is required to provide or perform, with his own organization, contract work amounting to at least 50% of the total contract bid price. Material required for any of the contract work of this project that is purchased directly by the prime contractor is considered as included in the prime contractor's 50% requirement. If material purchased directly by the prime contractor is to be used by a listed sub-contractor in performing contract work, the dollar amount of such purchased material should not be included in the dollar amount listed for said sub-contractor. The following is in addition to Subsection 2-3.2, "Self Performance," of the Standard Specifications: If the Bid submitted by the Contractor fails to meet at least 50% of the amount of work required with its own forces, the Bid will be considered non-responsive and rejected with no further consideration. If after execution of the Contract Agreement, the CITY discovers the Contractor is performing work amounting to less than 50% of the Contracted amount, except for "Specialty Items", the Contractor shall be notified that he or she is in violation of the Contract. The dollar amount of the portion found to be subcontracted by the Contractor, resulting in less than 50% of the amount of work required to be performed by the Contractor, shall be deducted from payment to the Contractor. The deduction shall not exceed 50% of the contracted amount required to be performed by the Contractor. The Contractor will not be penalized by the CITY resulting from Contract Change Orders that increase subcontract items of work. C-2 Sierra Pacific Electrical Contracting BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS SPECIAL PROVISIONS NO. 13019 In compliance with the provisions of Section 41004114 of the Public Contract Code of the State of California and any amendments thereof,each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name&Address Agency&No.of Under Which MBE/WBE CERT. Sub-Contractor's Sub-Contract Contractor's License# Licensed (If Applicable) Phone-No. Amount Work to Be Performed: I 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: Sierra Pacific Electrical Contracting BY: David Loop TITLE: Vice President DATE: 10/28/2014 C-4 (This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on this page will result in rejection of bid.) NON-COLLUSION AFFIDAVIT To the Division of Public Works,Department of Development Services,City of San Bernardino, State of California: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he or she is of the party making the foregoing bid,that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; communication, or conference with anyone to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract on anyone interested in the proposed contract; or take any action in restraint of free competitive bidding in connection with such contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Sierra Pacific Electrical Contracting Firm Name Signature of Bidder David Loop, Vice President 2542 Avalon St. Printed Name and Title Riverside, CA 92509 Business Address Place of Residence Subscribed and sworn to(or affirmed)before me this 28 day of October 2014 the above proved to on the basis of satisfactory evidence to be the person who appeared before me. Signed otary Public in and for the ounty of lve rs 1 d e ,State of California. JFAMTT DAVID t Commission it 2091046 June 25 2017 Notary Public-Calftmit .. My Commission expires on Riverside Coynty Year my Comm.ex ins Jun Z6. C-5 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, Sierra Pacific Electrical Contracting *********************************************************** as Principal,and Western Surety Company ********************************************************************** as Surety,are hereby and firmly bound unto the Cq of San Bernardino , State of California, hereinafter referred to as"Obliged'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 Contract 13019 - Street Light Fixture Upgrade- Street Licht HPS Replacement with LED at various locations. ************************************************* ****************************************************************************************** (Copy here the exact title description of world including location as it appears on the proposal) for which bids are to be opened on October 28,2014 (Insert date of opening) NOW, THEREFORE, a. If said Bid shall be rejected,or in the alternate, b. If said Bid shall be accepted and the Principal shall execute a contract in the Form of contract attached hereto(properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void;otherwise,the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as herein stated. The Surety,for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid;and said Surety does hereby waive notice of any such extension. Signed, this_23rd day of October , 2014 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first mentioned. Sierra Pacific Electrical Contracting (SEAL) WstJ Sure Co ) Principal Surety By: By: Signature Signat , �� ��XI lohnton At o riev-- -fact Printed Name and Title Printed Name and Title NOTE:Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form. G6 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James W Johnson, D Richard Stinson, Scott Gaddy, Jeff Parkhurst, Lisa M Lucas, Susan J Sampson, Anthony J D'Asaro, William Phillips Jr, David Alvarado, Teri L Koehler, Jessica L Nowlin, Shaina E Glischinski,Tanya Chinchilla,Individually of San Francisco,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholder;of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 28th day of May,2014. �*,�'�!� WESTERN SURETY COMPANY Eryc �WSVOP '9j�iz t aul T.Bmflat. �Presid�.t State of South Dakota ss County of Minnehaha On this 28th day of May,2014,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires ' t J.MOHR June 23,2015 EAI. $OUTHH DAKOTA SEAL J.Mohr,Notary Public CERTIFICATE I, L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. ht testimo hereof I have hereunto subscribed ny014 my name and affixed the seal of the said corporation this 23rd day of October ZZ E'tioo WESTERN SURETY COMPANY �P 3 s M�4 �l�y 'Wl ;z a$s' .S6 A �'i L.Nelson,Assistant Secretary Form F4280-7-2012 State of California County of Orange On October 23, 2014 before me, Amanda Re Nae Lockman,Notga Public NAME personally appeared James W. Johnson NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person(* whose nameH is/ate subscribed to the within instrument and acknowledged to me that he/shothey executed the same in hisHicr/their authorized capacity(ies), r oft ! and that by his/her r- signature(s) on the instrument the hF AMANDA RE NA;LOCKMAN N COMM.#2017997 X person(s}, or the entity upon behalf of which the person(s} NOTARY PUBLIC-CALIFORNIA N ORANGE COUNTY acted, executed the instrument. N MY COMM.EXP.APRIL 6,2017 I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL ugh the data below is not required by law,it may prove valuable to persons relying on the document and could preve audulent reattachment of this form. CAPA CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDU CORPORATE O CER TITLE OR TYPE OF DOCUMENT TITLE(S) ----------------------------------- El PARTNER(S) LIMIT GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT F1 TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF 13'15CLTMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---------------------------------""""""- SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 State of California County of Riverside On 10/27/2014 before me, J( It Loop, Notary Public , Date Here Insert Name and Title of the Officer personally appeared David Loop Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/erm& subscribed to the within instrument and acknowledged to me that he/she/ executed the same in ,wr, his/#ef authorized capacity(tes), and that by 1ERRETT DAVIO E00F hisA4erAheir signature(* on the instrument the Commission#2031046 person(&}, or the entity upon behalf of which the Notary Public-Californh personH acted, executed the instrument. Riverside County M comm.Ea ira Jun '' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand nd cial seal. Place Notary Seal Above Signature: Sig ature of Notary Pub " OPTIONAL ° ugh this section is optional, completing this information can deter alteration of the document fraudulent reattachment of this form to an unintended document. Description of ched Document Title or Type of locum Document Number of Pages: Sig s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: igner's Name: Corporate Officer—Title(s): ._ rporate Officer—Title(s): Partner1 Limited i General . Pa — iM Limited General Individual Attorney in Individua i Attorney in Fact Trustee Guardi or Conservator 0 Trustee _=Guardian or Conservator Other: Other: Signer Is resenting: Signer Is Representing: 0 2013 National Notary Association •www.Nationa[Notary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 PART II SPECIAL PROVISIONS SPECIAL PROVISIONS INSTRUCTIONS TO BIDDERS SECTION 1 1-1 SPECIFICATIONS AND PLANS 1-1.01 GENERAL -- The work embodied herein shall be done in accordance with the Standard Specifications for the Public Works Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, and City of San Bernardino Standard Drawings, insofar as the same apply and in accordance with the following Special Provisions. 1-1.02 DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Agency - The City of San Bernardino. Board - The Mayor and Common Council for the City of San Bernardino. City Engineer - The City Engineer for the City of San Bernardino. Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and work involved in the contract. Office of the District - Whenever, in the Standard Specifications, reference is made to the office of the District or the District's office, such references shall be deemed made to the Office of the City Engineer, Public Works Department, located on the 3`d floor of City Hall for the City of San Bernardino, 300 N. "D" Street, San Bernardino. SP-1 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 forfeit the bid bond to the City. By not executing the contract, the use by the public of the improvements will be delayed and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix the amount of said damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the City as forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provisions. Notarization of the signatures of the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. Any bid not accompanied by such bid bond will be rejected as invalid. 2-1.02 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals for participation of Minority and Women's Business Enterprises (MBE/WBE) was adopted by Resolution No. 95-409 of the Mayor and Common Council of the City of San Bernardino, on 11-20-95. This outreach program superseded Resolution No. 93-411 and the Standard Operation Procedures dated January 1994. Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested subcontractors of 19 % MBE and 6 % 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.cagov/hq/bep/. Bidders shall make every reasonable effort to solicit bids from MBE/WBEs. A justification shall be provided to support the rejection of any bid from a minority or women's business enterprise, certified by Caltrans. SP-5 2-1.03 MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS -- It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all CITY contracts. Bidders shall assist the CITY in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in CITY contracts. Bidders' good faith efforts to reach-out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (1) The bidder attended pre-solicitation or pre-bid meetings, if any, scheduled by the CITY to inform all bidders of the requirements for the project for which the contract will be awarded. The CITY may waive this requirement if the bidder certifies it is informed as to those project requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs, WBEs and other business enterprises. The bidder shall, when economically feasible, divide total contract requirements into small portions or quantities to permit maximum participation of MBEs, WBEs and other business enterprises. (3) The bidder advertised for bids from interested business enterprises not less than ten calendar days (see Sub-Section 2-1.04 for exception) prior to the submission of bids, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the CITY. (4) The bidder provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All notices of interest shall be provided not less than ten calendar days (see Sub-Section 2-1.04 for exception) prior to the date the bids were required to be submitted. In all instances, the bidder must document that invitations for sub- contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed. (5) The bidder documented efforts to follow up initial solicitations of interest by contracting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. SP-6 (6) The bidder provided interested enterprises with information about the Plans, Specifications and requirements for the selected sub-contracting work. (7) The bidder requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days (see Sub-Section 2-1.04 for exception) prior to the submission of bids. (8) The bidder negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the CITY. As documentation the bidder must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises. (9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the CITY or Contractor. If the CITY has established expected levels of participation for MBE and WBE sub- contractors, failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above. In the event that the CITY is considering awarding away from the lowest bidder or not awarding a contract to a proposed bidder because the bidder is determined to be non-responsive for failure to comply with the good faith indicia set forth above, the CITY shall, if requested, and prior to the award of the contract, afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders' good faith efforts in making its outreach. In no case should the CITY award away pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of participation. For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contract Code Section 2000(0. Nothing herein restricts the discretion of the CITY to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino Municipal Code. The directions set forth herein shall take effect immediately, and all CITY Departments shall modify their implementation programs to the extent such programs are inconsistent with this policy. SP-7 2-1.04 SUBMISSION OF MBE/WBE INFORMATION — GOOD FAITH EFFORTS - The Contractor may submit the MBE/WBE INFORMATION — GOOD FAITH EFFORTS document with the contract Bid Documents prior to the hour of the bid opening. If this document is not submitted with the Bid Documents, it must be submitted to the Public Works Department, upon request, by 4:30 p.m. on the fourth working day following the day of the bid opening. In the case of short bid opening periods, proof of faxes and web site postings requesting MBE, WBE participation and faxed requests for assistance in recruitment of MBEs and WBEs shall suffice. 2-1.05 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS -- Each bid shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000.00, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the subcontractors, as required herein, is included in the Bid Documents, in Part I of these Special Provisions. 2-1.06 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, addenda, and all other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the CITY may rely that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve that Bidder from any obligation with respect to its Bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Contract Documents. C. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such Bidder might have fully informed himself prior to the bidding. D. No Bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. SP-8 2-1.07 REQUIRED INSPECTION OF THE SITE -- A. Bidders are required to inspect the site of the proposed work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface of, and at, the site of the proposed work. B. If, during the course of examination, a Bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall notify the Engineer immediately. C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the proposed work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the proposed work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the CITY is not intended to be a substitute for, or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. SP-9 2-1.08 DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION CONTRACT -- No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. Those ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons,through joint ownership or otherwise. 2-1.09 WITHDRAWAL OF BIDS -- A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered to the CITY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid, providing there is time to do so. Bids may not be withdrawn after said bid opening hour without forfeiture of the bidder's bid guarantee. 2-1.10 IRREGULAR BIDS -- Unauthorized conditions, limitations, or provisions attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall be without interlineations, alterations, or erasures. No oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. SP-10 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. The award of the contract will be made by the Mayor and the Common Council at a Council meeting. The bidder, to whom the contract is awarded, shall file with the Engineer all required bonds and insurance policies, and execute the contract within 10 calendar days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the CITY as liquidated damages. 3-1.02 AWARD OF CONTRACT -- Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the CITY. Additionally, the CITY reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal Notice Inviting Sealed Bids as may be required to provide for the best interest of the CITY. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the Mayor and Common Council. The Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda,together with any attachments, shall be considered as part of the contract between the CITY and the Contractor to whom the contract is awarded. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. 3-1.03 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the Engineer before the Notice to Proceed is executed by the CITY. In accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications, the contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Contractor shall provide to the CITY three (3) original "wet" copies of Payment and Performance Bonds equal to 100% of the award amount of the contract. SP-11 3-1.04 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one submitted bid, all such submitted bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal bid as a prime contractor. No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. The Contractor shall fill out all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to documents required per federal provisions and conditions, and 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. The Contractor's representative and the Contractor's principal subcontractors (performing $10,000 or above of the Contract work) shall attend the CITY's pre-construction meeting. The Contractor and principal subcontractors shall also attend all separate pre- construction meetings required by other agencies and utilities involved in this Project. 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 60 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 5-1.06, "Contractor's Liability", of these Special Provisions.. The Contractor agrees to protect, defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands, judgments and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. 5-1.02 LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the CITY with a policy or certificate of liability insurance prior to execution of the contract. All of the Insurance Policies shall name the City of San Bernardino as an additional insured. The endorsement shall be provided by the broker or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not acceptable, nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. (See attached sample forms.) Contractor shall maintain minimum limits of insurance no less than: 1. General Liability: $1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location; 2. Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; SP-15 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. 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 wage shall comply with current rates and all updates in effect 10 days prior to the bid opening of the project. The Contractor shall pay the higher of the latest State or Federal Prevailing Wage Determination. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employee in question. 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 federal trainee requirements for the employment of apprentices. The Contractor shall follow the Federal Regulation guidelines found in Part III of these Special Provisions. The Contractor shall confirm that all apprentices are registered with an apprenticeship program that is in turn currently registered with the U S Department of Labor Office of Apprenticeship (DOLOA) and listed on the DOLOA website at http://0a.doleta.govl. The Contractor's attention is directed to the provisions in the following section of the California Labor Code concerning employment of apprentices on public works projects: 1773.3 An awarding agency whose public works contract falls within the jurisdiction of Section 1777.5 shall, within five days of the award, send a copy of the award to the Division of Apprenticeship Standards. When specifically requested by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee regarding all such awards applicable to the joint apprenticeship committee making the request. Additional information regarding the Contractor's options for the employment of apprentices registered with the California Department of Industrial Relations, DAS can be obtained at http://www.dir.ca.govIDASIPublicWorksForms.htm. 5-1.07 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workers or the public; or for damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause which might have been SP-17 prevented by the Contractor, or his workers, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall not encroach on private property adjacent to this project in any phase of the construction without first obtaining a signed Right Of Entry document from the property owner and submitting this Right Of Entry to the Engineer for approval, prior to any entry or encroachment onto private property. The Contractor shall be responsible for any injury to any person or damage to property resulting from any defects or obstruction occurring any time before project completion and final acceptance, and shall indemnify and save harmless the City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer from all suits or actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the CITY may be retained by the CITY until disposition has been made of such suits or claims for damages aforesaid. 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 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES -- When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays", of the Standard Specifications. 5-1.10 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. 5-1.11 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 ACCORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE(MMNY/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 MAYBE 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 LTR TYPE OF INSURANCE NUMBER DATE(MM/YY/DD) DATE(MYY/DD) LIMITS IW GENERAL LIABILITY EACH OCCURRENCE $1,000,000 • COMMERCIAL GEN LIABILITY FIRE DAMAGE(ANY ONE FIRE) A $ 500 000 CLAIMS MADE OCCUR MED EXP ANY ONE PERSON $ 5,000 • 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 Pe cident $ BAP 5197135 02/01/98 02/01/99 SCHEDULED AUTOS ERTY DAMAGE 9ccident) $ HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY _ TO ONLY-EACH ACCIDENT $ other than auto only: ANY AUTO EACH $ ACCIDENT other than auto only: AGGREGATE WORKERS COMPENSATION AND X WORKERS COMP EMPLOYER'S LIABILITY I STATUTORY LIMITS C E.L.EACH ACCIDENT $1,000,000 2/01/98 02/01/99 THE PROPRIRETOR/ INCL E.L.DISEASE—EA EMPLOYEE $1.000,000 PARTNERS/EXECUTIV 1 $1,000,000 E OFFICERS ARE: EXCL E.L.DISEASE—POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/LOCAT[ONS/VEHICLES/SPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERTPROJECT 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_L0_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE DEPARTMENT OF PUBLIC WORKS LE>:r. 300 N. "D" STREET, 3RD FLOOR AUTHORI7Fn REPRESENTATIVE SAN BERNARDINO,CA 92418-0001 JOHNE.SMITH (Signature) ACCORD 25-5 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 Sm"AMPLE DNLt�` (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 BYAUTHORIZED REPRESENTATIVE FOR PROVIDER SUPPLY POWER OFATTORNEY GIVING AUTHORITY TO BIND CG 20 10 1185 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 3-2.2.1, "Contract Unit Prices", "increased or decreased quantities", of the Standard Specifications varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with said Section 3-2.2.1 and these Special Provisions. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $1,500 at the applicable contract unit price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate, therefor, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item. The payment of the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity at the original contract unit price. 6-1.02 SOUND CONTROL REQUIREMENTS -- Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and these Special Provisions. The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 a.m. shall not exceed 86 dbA at the distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise levels Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. SP-22 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MDES) REQUIREMENTS -- The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) through the entire project. The Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to be prepared to provide hay bales or similar devices to prevent erosion from being washed into the storm drain system. The Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. The following are the areas to be addressed where applicable: 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. 13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site. 14. Call 911 in case of a hazardous spill. 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan(SWPPP) 16. Name a person, on site, responsible for complying with S.W.P.P.P. BEST MANAGEMENT PRACTICES ( BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-23 The Contractor shall have a minimum of two (2) readily accessible copies of each publication on the Work site at all times. The Contractor shall implement the following BMPs in conjunction with the construction operation and activities: CONSTRUCTION PRACTICES Water Conservation Practices Dewatering Paving Operations Structure Construction and Painting MATERIAL MANAGEMENT Material Delivery and Storage Material Use Spill Prevention and Control WASTE MANAGEMENT Solid Waste Management Hazardous Waste Management Contaminated Soil Management Concrete Waste Management Sanitary/Septic Waste Management VEHICLE AND EQUIPMENT MANAGEMENT Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance VEGETATIVE STABILIZATION Scheduling Preservation of Existing Vegetation Temporary Seeding and Planting Mulching PHYSICAL STABILIZATION Geotextiles and Mats Soil Stabilizer/Dust Control Temporary Stream Crossing Stabilized Construction Roadway Stabilized Construction Entrance SP-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. The CITY, as Permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of$1,000 for each calendar day that the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMPs. SP-25 STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. Projects over one acre are placed under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board and as such projects that fall into this category must submit a Notice of New Construction (NONC) to the State Water Resources Control Board (SWRCB) to obtain a waste discharge identification number (WDID). This information is available for review and downloading on the State of California, Department of Transportation web site at h ttp://www.dot.cagovlh glconstruclstormwater/manuals. SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs that address contractor activities, erosion, and sedimentation control. The SWPPP shall also include and incorporate appropriate BMPs for run-off generated by construction activities and other non-storm water sources. During all periods of construction, excavated soils which are stored on-site shall be completely covered with waterproof material and sand (or gravel) bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Engineer shall notify the Contractor of the acceptance or rejection of the revised SWPPP within seven (7) working days from the date of submittal. The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten (10) working days prior to the commencement of construction operations in accordance with this Section 6- 1.03 of these Special Provisions. SP-26 The City's NPDES Section shall be contacted prior to any work to determine whether or not the project will require the development of a Water Quality Management Plan(WQMP). THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City Business Registration prior to the execution of the contract. Contractor shall obtain a City of San Bernardino Business Registration at his/her own expense. Prior to the commencement of work, the Contractor shall obtain a construction permit at no cost from the City of San Bernardino, Public Works 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 0, 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, "Payments", and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping 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 -- Not applicable for this project. 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State Government Code specifies that in executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY tenders final payment to the Contractor without further acknowledgement by the parties. 6-1.12 PROJECT ERRORS, OMISSIONS, INCONSISTENCIES, AND/OR DISCREPANCIES -- In the event of errors, omissions, inconsistencies, and/or discrepancies among two or more portions of the Contract Documents, the Engineer may direct the Contractor to follow the most stringent requirements at no additional cost. If errors, omission, inconsistencies, and/or discrepancies appear in the Contract Documents or in the work done by others affecting this work, the Contractor shall immediately notify the Engineer prior to proceeding with the work, and the Engineer shall issue appropriate instructions. If the Contractor proceeds with the work so affected, without instructions from the Engineer, the Contractor shall remove the incorrect work or make the necessary corrections to comply with the Engineer's instructions at no cost to the City of San Bernardino. 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. SP-30 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. 6-1.16 SAFETY SUPERVISOR AND MEETINGS -- A. The Contractor shall appoint an employee as safety supervisor who is qualified and authorize to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Engineer in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor. B. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees, and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. C. The Contractor and its affected subcontractors shall attend safety coordination meetings. The minutes of their meetings shall be submitted to the Engineer. 6-1-17 MEETINGS -- A. The Contractor shall attend weekly progress meetings at the project site. B. In general, these meetings will be attended by the Contractor, the Engineer or his designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Engineer or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. SP-31 D. The Engineer shall have the authority to require that a mandatory meeting be held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and any subcontractors specified by the Engineer. 6-1.18 PAYMENT -- Full compensation for conforming to the requirements of Section 6 shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. SP-32 SECTION 7 7-1 UTILITIES 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special Provisions. The Contractor shall notify the Engineer immediately of any conflict. The Contractor shall match existing products. The Contractor is responsible for coordinating work with the utility owners. Certain companies, governmental agencies, or their contractors may be working within the construction area. Certain utility facilities at various locations within the project limits may be removed, relocated, abandoned, or installed by companies' or agencies' contractors. The Contractor shall coordinate his work with utility owners and their contractors. The Contractor shall exercise due caution to prevent any damage to/or movement of these utility facilities. Listed below are the utilities that may be affected, with the designated contact person. These names and phone numbers are listed for information purposes only. The Contractor is responsible for verifying phone numbers and contact persons. 17. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT OPERATIONS AND MAINTENANCE DIVISION 234 S, Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: John Van Havermaat 18. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT OPERATIONS AND MAINTENANCE DIVISION TRAFFIC SIGNALS & STREET LIGHTING 234 S. Mt. View, #110 San Bernardino, CA Phone: (909) 384-5129 Attn: Clemente Elizalde SP-33 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 will be relocated, altered, or reconstructed, or the Engineer may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The Contractor may coordinate the work with the utility owners. Abandoned utilities, which interfere with the construction of any portion of this project, may be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. SP-34 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done consists, in general, of the replacement of existing 389 HPS streetlights fixtures with LED fixtures that cost effectively meet or exceed its lighting requirements while saving energy and reducing the City's energy cost, and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions shall be performed, placed, constructed or installed. The work to be done shall include furnishing all materials, equipment, tools, labor, taxes and incidentals as required by the Contract Documents to construct the project. Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the contract. Each Bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge Addenda may result in the Bid being rejected as not responsive. 8-1.02 ORDER OF WORK -- The first order of work shall be to place the order for the product and material. Within one (1) week of the notification of award, the Contractor shall furnish the Engineer with a statement from the vendor that the order for said product/material has been received and accepted by the vendor. All other works shall be considered second order of work. 8-1.03 CLEAN UP AND DUST CONTROL -- Clean up and dust control shall conform to provisions in Section 7-8.1, "Clean Up and Dust Control", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. SP-35 8-1.04 PROJECT LOCATIONS -- Locations within the CITY to be provided following Award of Project. 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 eight (8) 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-36 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 6th 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 SUBJECT: REPLACEMENT OF EXISTING HPS STREET LIGHT FIXTURES LED FIXTURES VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO Plans and Special Provision No. 13019 Attention: Robert Sepulveda Tel: (909) 384-5169; Fax: (909) 384-5190 E-mail: Sepulveda_ro @sbcity.org Or Attention: Mirela Grigorescu Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: grigorescu_mi @sbcity.org SP-37 SECTION 9 9-1 TRAFFIC CONTROL 9-1.01 GENERAL -- The Contractor shall comply with Section 7-10, "Public Convenience and Safety", of the Standard Specifications for Public Works Construction, latest edition, and these Special Provisions. Warning signs, lights, cones, barricades and devices for use in performance of work upon highways shall conform to the most recent "California Manual on Uniform Traffic Control Devices". The Contractor shall submit and obtain CITY approval for traffic control and traffic detour plans prior to the commencement of operations on a street. Traffic control plans shall be based on the most recent"California Manual on Uniform Traffic Control Devices". All temporary traffic striping and maintenance shall be done by the Contractor, including placement of temporary tape on all crosswalks. The Contractor shall restore all existing striping to original configuration, and as directed by the Engineer. All warning, regulatory and construction signs shall be fully reflectorized. The traffic cones to be used shall be thirty-six inches (36") in height, rubber or plastic, and be reflectorized. All work areas that remain after dusk shall be properly lighted to the satisfaction of the Engineer. The Contractor shall take all necessary measures to maintain a normal flow of traffic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall be responsible for implementing the approved traffic control plan based on the most recent"California Manual on Uniform Traffic Control Devices". The Contractor shall make the necessary arrangements to provide and maintain barriers, cones, barricades, construction warnings, regulatory signs and any other safety control devices, including flagmen. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion, providing and maintaining all necessary barriers, barricade lights and striping, including crosswalks. In addition to the foregoing traffic control and safety measures, the Contractor shall immediately implement any measures requested by the Engineer defined as necessary to ensure the proper flow of traffic,the protection of the public and/or the safety of the workers. SP-38 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-39 9-1.05 PUBLIC CONVENIENCE -- During the progress of work, adequate provisions shall be made by the Contractor to accommodate the normal vehicular and pedestrian traffic along streets, roads, and highways, immediately adjacent to or crossing the work, so as to cause a minimum of inconvenience to the general public. Convenient access to abutting properties shall be maintained and remain open, unless approved by the Engineer. 9-1.06 FLASHING ARROW SIGNS -- The Contractor shall furnish and maintain flashing arrow signs (FAS) during lane closures or detours on streets. The Engineer shall determine when FAS is required at any location. 9-1.07 LANE CLOSURE -- The Contractor shall not close more than one (1) lane at a time. The Contractor shall submit traffic control plans and obtain written approval from the Traffic Engineer prior to lane closure. No traveled lane will be closed without authorized approval given by the Engineer. If any traveled lane or road is allowed to be closed by the Engineer, the Contractor shall install signs to notify the public of days and times that traveled lanes or roads will be closed seven (7) days in advance of the lane or road closure. If lane closures are approved by the Engineer, the full width of the traveled way shall be open for use by public traffic from 4:00 p.m. to 8:30 a.m., all day for Saturdays, Sundays, and designated legal holidays; after 3:00 p.m. on Fridays (unless otherwise approved by the Engineer) and the day preceding designated legal holidays; and when construction operations are not actively in progress on working days. The Contractor shall furnish, install, and upon completion of the work, remove all signs and warning devices required for directing, protecting, and detour of the public during construction. Emergency vehicles shall be permitted access at all times to any street. Unless otherwise authorized by the Engineer, pedestrian access shall be permitted to pass through the work area, or an approved detour shall be provided. Safe and adequate pedestrian access to all business establishments shall be continuous and unobstructed unless otherwise approved by the Engineer. SP-40 9-1.08 PAYMENT -- Full compensation for traffic control, including furnishing and installing signs, lights, flares, barricades, traffic control plan and other traffic control devices, necessary to expedite passage of public traffic through the work area, shall be considered as included in the prices paid for the various contract bid items of work, 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 included in the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. SP-41 SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section 9- 3.4, "Mobilization", of the Standard Specifications. Mobilization may include, but not be limited to, the following principle items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Providing a Project Office. 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these Specifications 6. Moving onto the site, including, but not limited to: a. Equipment b. Arranging for and erection of Contractor's work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. 8. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet(as required). 9. Installing all temporary utilities (as required). 10. Establishing required fire protection provisions. 11. Posting all OSHA required notices and establishment of safety programs. 12. Posting of all Department of Labor notices. 13. Having the Contractor's superintendent at the job site full-time and responding 24 hours per day. 14. Air and water quality protective measures, as necessary, and without limitation. 15. Potholing and other research and review as necessary to verify site conditions and utility locations. 16. Demobilization of the Site. 17. Any other item as specified. 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-42 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 — Full compensation for mobilization, including the cost of all work in advance of the construction operation and not directly attributable to any specific bid item, shall be considered as included in the prices paid for the various contract bid items of work, and no additional compensation will be allowed therefor. SP-43 SECTION 11 THROUGH SECTION 20 BLANK SP-44 SECTION 21 21-1 STREET LIGHTING 21-1.01 GENERAL -- Street lighting system shall be constructed in accordance with Section 209, "Street Lighting and Traffic Signal Systems", and Section 307, "Street Lighting and Traffic Signals", of the Standard Specifications for Public Works Construction (SPPWC) "Greenbook", the California Department of Transportation (Caltrans) Standard Specifications and Standard Plans, all latest editions in effect on the first day of the advertised"Notice Inviting Sealed Bids" for this project, the City of San Bernardino Street Lighting Policies and Procedures, and these Special Provisions. The work to be done consists, in general, of replacement of street light heads on street light poles; installing complete street lighting system which may include installing conduit, pull boxes, conductors to service pedestal, and such other items or details not mentioned above that are required by the Specifications. The installation shall include street lighting standards, luminaire, electrical service and all underground distribution lines; and shall include the trenching, backfill, and compaction thereof. The existing conductors shall be spliced to keep the existing street lighting system operational as directed by the Engineer. 21-1.02 MATERIALS -- All materials shall be as listed below or approved equal by the Engineer. 1. Luminaires -- shall be Cree XSP2 Type III with tuning factory locked to the position indicated in the Bid Items or equal. A11 proposed fixtures shall be from a single manufacturer and shall qualify for SCE incentives. See attached Product Description. Contractors intending to use replacement fixtures other than the recommended type listed, shall be S.C.E. approved incentive program and must demonstrate that proposed fixtures will meet or exceed the photometric performance requirements described. The minimum documentation required to demonstrate photometric performance shall consist of. Certified photometric data(horizontal illuminance and average-to-minimum uniformity ratios) calculated using the most recent version of AGi32 software and submitted in both hard copy and electronic forms; IES files for all proposed fixtures. The photometric data shall clearly demonstrate that the proposed fixtures deliver equal or greater minimum illuminance (footcandles) and equal or lower average illuminanace/minimum illuminance uniformity ratios than those presented under the column"Calculated LED Performance" in the table "Photometric Performance Requirements." SP-45 Contractors shall use the site characteristics and statistical areas defined in the four provided AGI files to model proposed fixtures. In modeling the performance of proposed fixtures, Contractors shall assume a light loss factor of 0.8. Every proposed fixture type need not be modeled for every sample site. The sample sites that should be used to model each proposed fixture are shown in the table "Sample Sites Required for Photometric Models." Sample Sites Required for Photometric Modeling Existing Number of Max Existing Fixture Fixtures to Wattage of Fixture Wattage be Replacement Sites to Use Total Models Type (Nominal) Replaced Fixture for Model Required HPS 100 24 46 None 0 HPS 150 80 65* None 0 HPS 150* 61 101** Site 4 1 HPS 200 151 53 Sites 2 &3 2 HPS 250 70 101 Site 1 1 HPS 310 3 101 None 0 Total 4 *150 W HPS fixtures on streets other than University Parkway **150 W HPS fixtures along University Parkway Contractors shall use sample site one to model the performance of fixtures proposed as replacements for 250 Watt HPS fixtures; sample sites two and three to model the performance of fixtures recommended as replacements for 20OW HPS fixtures; and sample site four to model the performance of fixtures recommended as replacements for streetlights along University Parkway. Photometric Performance Requirements Intersection Type, Calculated LED Minimum RP-8 c. z Pedestrian Conflict Fixture Wattage Performance Performance NLevel Existing Replacement Avg. Avg./Min. Avg. Avg./Min. HPS LED fc (Uniformity) fc (Uniformity) 1 Collector/Collector, Low 250 101 1.0 2.0 1.0 4.0 2 Collector, High 200 82 1.2 4.1 1.2 10.0 3 Collector, High 200 82 1.2 3.0 1.2 10.0 4 Major, Low 150 101 1 1.2 5.8 0.9 9.0 LED COBRA HEAD STREET LIGHTING LUMINAIRES LED EQUIVALENT REPLACEMENT Luminaire Requirements: Correlated Color Temperature (CCT)—Nominal (CCT (K) 4000 + 275K SP-46 Color Rendering Index(CRI)—Luminaires shall have a minimum CRI of 65 Off - state Power Consumption — The power draw of the luminaire (including PE or remote control devices), shall not exceed 2.50 watts when in the off state. Warranty—Warranty must be provided for the full replacement of the luminaire due to any failure for six (6) years. The warranty shall provide for the repair or replacement of defective electrical parts (including light source and power supplies/drivers for a minimum of eight (8) years from the date of purchase. Weight—Luminaire shall not weight more than 30 pounds. Operating Environment—Luminaire shall be able to operate normally in temperatures from -20 deg. C to 50 deg. C. Cooling System— Shall consist of a heat sink with no fans, pumps, or liquids, and shall be resistant to debris buildup that does not degrade heat dissipation performance. Dimensions (Approx.)—26" long x 15"wide x 6"tall. Housing— Shall be primarily constructed of metal. Finish shall be gray in color, powder coated and rust resistant. Driver must be mounted internally and be replaceable. Driver must be accessible without tools. All screws shall be stainless steel. Captive screws are needed on any components that require maintenance after installation. No parts shall be constructed of polycarbonate unless it is UV stabilized (lens discoloration shall be considered a failure under warranty). Ingress protection shall be rated a minimum of IP54. Lighting Controls—Luminaire shall have the capability of being dimmed to at least 50% output. Driver must be compatible with third-party wireless control and monitoring systems. Mounting Arm Connection — Luminaire shall mount on 1.25" IP (1.66" O.D.) and/or 2" IP (2.375" O.D.) horizontal tenon (minimum 8" (203mm) in length) and shall be adjustable +/- 5 deg. To allow for fixture leveling. PE Cell Receptacle — Luminaires shall have a 3-prong twist-lock photo-control receptacle in accordance with ANSI C136.10. The PE socket needs to be able to rotate, so that the PE window can always be positioned to face the North direction. House Shield— Shall provide option to house side light control. SP-47 Equipment Identification Requirements: Labeling/Identification — Each luminaire shall have the manufacturer's name trademark, model number, serial number, date of manufacture (month and year), and lot number as identification permanently marked outside each unit. The wattage and voltage of the luminaire shall be able to be detected visibly from an observer standing at ground elevation at the base of the pole according to applicable SCE standards. The following operating characteristics shall be permanently marked inside each unit rated voltage and rated power in Watts and Volt-Ampere. Bar Code (Recommended): Each luminaire shall have a Bar Code identifying its Catalog number, Wattage and Current settings of 700 mA, 525mA or 350 mA. Bar Code to be attached on the inside of housing door and must be easily visible once door is opened. LED Module/Array Requirements: Lumen Depreciation of LED Light Sources and Ingress Protection - LED module(s)/array(s) shall deliver at least 70% of initial lumens, at 50,000 hours of operation. Assembly shall be rated a minimum of IP66. Power Supply/Driver Requirements: Power Factor—Power supply should have a minimum Power Factor of 0.90. Max amperage at LED —Maximum rating DC Forward Current at TA 25 deg. C should be 1,500 mA. Maximum amperage at LED must not exceed driver current to meet Lumen Depreciation value described above but shall not exceed 1,000 mA per mm2 of chip. Standard factory setting shall be 525 mA, as delivered from the factory. The Driver and LED arrays shall be designed for multi-current input operation, with switchable ratings at 350 mA, 525mA and 700 mA. Transient Protection — Per IEEE C.62.41-2-2002, Class A operation. The line transient shall consist of seven strikes of a 100K HZ ring wave, 10KV level, to both common mode and differential mode. If should also meet test procedure in accordance with IEEE C62.45. Operating Temperature—Power Supply shall operate between -20 deg. C and 50 deg. C. Frequency — Output operating frequency must be >120 Hz (to avoid visible flicker) and input operating frequency of 60 Hz. Interference—Power Supplies shall meet FCC 47 CFR Part 15/18. Noise and Ingress Protection — Power Supply shall have a Class A sound rating per ANSI Standard C63.4. Assembly or compartment shall be rated a minimum of IP54. SP-48 Measurement/Performance/Safety Standards: ANSI C78.377.2008—Specifications for the Chromaticity of Solid State Lighting Products. ANSI C136.37-2011 — Specifications for Solid State Light Sources Used in Roadway and Area Lighting. IESNA LM-79-08 — ISENA Approved Method for the Electrical and Photometric Measurements of Solid-State Lighting Products. IESNA LM-80-08 (Recommended) — IESNA Approved Method for Measuring Lumen Maintenance of LED Lighting Sources. UL Standards (Latest Approved) — 8750 Light-Emitting Diode (LED) Light Source for Use in Lighting Products. 1598 Luminaires. 1012 Power Units Other Than Class 2 1310 Class 2 Power Units 2108 Low Voltage Lighting Systems All components shall be UL approved All luminaires must meet the following minimum lumen output and IESNA luminaire classification requirements to provide equivalent light output to the HPS fixtures they are intended to replace: Wattage of HPS Fixture Minimum Lumen IESNA Luminaire To be Replaced Output lumens Classification * 50W, 70W, and 10OW 3900 Cutoff or 131 U1 G1 150W 5950 Cutoff or 132 U2 G2 20OW 7880 Cutoff or 132 U2 G2 250W 9350 Cutoff or 132 U2 G2 31 OW 10,450 Cutoff or 133 U3 G3 40OW 13,117 Cutoff or 133 U3 G3 *BUG ratings per IES TM-15 2. Photocells -- Photoelectric controls shall be in accordance with Section 209-4.7 "Photoelectric Controls" of the Standard Specifications for Public Works Construction "Greenbook". SP-49 3. Field Adjustable output -- Field adjustable output shall be CREEXSP2 or approved equal. Wattage output shall be lock in the position per the bid item description. 4. Lighting_Standards -- Lighting standards shall be octagonal, symmetrically tapered, pre-cast, pre-stressed, concrete poles unless otherwise specified by the City Engineer. The color shall be natural gray with black and white aggregate. The poles shall have an approved anti-graffiti surface. 5. Pull Boxes -- Pull boxes shall be #3-1/2 (except as shown on the Plans) and installed flush with top of curb or concrete sidewalk. Concrete pull box covers shall be inscribed: "STREET LIGHTING HIGH VOLTAGE". Pull Boxes shall be secured with a locking pull box insert, as manufactured by McCain Incorporated, (760) 727-8100, or approved equal. The manufacturer's product description is included in the APPENDIX of these Special Provisions. The Contractor shall provide a MASTER® lock with two (2) keys, per type and key number provided by the Engineer, for each locking pull box insert. 6. Service -- New service shall be installed, as shown on the Plans and in accordance with City of San Bernardino Standard Drawing SL-2. The Contractor shall arrange with the service utility to complete service connection. Such request shall be submitted not less than 45 days before service connections are required. All fees charged by the Southern California Edison Company will be paid by the City. 7. Conduit -- Conduit shall conform to Sub-Section 307-12, "Conduit", of the Standard Specifications. The Contractor may use either rigid galvanized steel conduit or rigid polyvinyl chloride (Schedule 40) for underground use, and rigid polyvinyl chloride (Schedule 80) for use above ground. Conduits passing under roadways shall be installed by jacking or drilling methods utilizing only galvanized rigid steel conduit. Conduit shall be 2-inch diameter, minimum. Conduits shall be placed at the following depths below grade: a. 18-inches, within parkways and medians, back of curbs, and under concrete sidewalks. b. 24-inches when crossing roadways. SP-50 8. Conductors -- Conductors shall be UL listed and rated for 600 volt operation. The insulation for No. 14 and larger conductors shall be one of the following: a. Type TW polyvinyl chloride conforming to the requirements of ASTM Designation: D2219 b. Type THW or MAN polyvinyl chloride. C. Type USE, Type RHH or Type RHW cross-linked polyethylene. At any point, the minimum thickness of any of the above insulations shall be 40 mils for conductor sizes No. 14 to No. 10, inclusive, and 54 mils for No. 8 to No. 2, inclusive. 9. Pole Foundations -- Foundations for poles shall be constructed to Class 560-C-3250 concrete, with a maximum slump of four (4) inches. Anchor bolts shall be installed to match the bolt hole patterns for the poles. 21-1.03 REMOVE AND SALVAGE OF EXISTING EQUIPMENT-- The salvaged materials shall be delivered by the Contractor to the City Yard, at 234 South Mountain View Avenue, San Bernardino, CA 92404. The Contractor shall contact the Engineer at (909) 384- 5166, 48 hours prior to depositing the salvaged material. The Contractor shall provide equipment, as necessary, to safely load and unload the salvaged materials. The existing conductors shall be spliced to keep the existing street lighting system operational as directed by the Engineer. a. None of the existing electrical equipment to be removed shall be reused. OPERATING TEST -- An operating test consisting of five (5) days of continuous trouble-free operation shall be satisfactorily completed prior to acceptance by the Engineer. 21-1.04 PAYMENT -- The contract bid price paid for, "Bid Items 1, 2, 3, 4, 5, 6", shall be considered as full compensation for Mobilization, Traffic Control, providing all material and equipment and for doing all the work involved in the replacement of street light heads, including all appurtenant facilities, complete in place, per the "Greenbook" Standard Specifications, Caltrans Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-51 SECTION 22 THROUGH SECTION 50 BLANK SP-48 SECTION 50 50-1 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT 50-1.01 GENERAL - The Contractor shall comply with Section 7-9, "Protection and Restoration of Existing Improvements", of the Standard Specifications, latest edition, and these Special Provisions. All existing improvements (except utilities and street pavements) including, but not limited to curbs, gutters, cross gutters, spandrels, driveways and sidewalks, walls, fences, sprinkler systems, lawns, shrubs, trees, and traffic signs, traffic striping and traffic detector loops which are damaged or removed during the course of construction of the project shall be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, unless otherwise specified or noted on the drawings. The removal and restoration of existing improvements shall be in accordance with the applicable provision of these Special Provisions, the Standard Specifications, Standard Drawing and the following requirements: 1. In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the Contractor's operations, a minimum of 10 feet of curb, gutter or curb and gutter shall be removed and replaced regardless of how short a length is damaged. The Contractor shall begin said 10-foot section, if possible, at an existing joint or scoring line. If said 10-foot section ends within 3 feet of an existing joint or scoring line, then the removal shall extend to said joint or scoring line. 2. If concrete cross gutter is damaged by the Contractor's operations, the cross gutter shall be removed in its entirety and replaced. 3. Concrete sidewalk shall be removed in its entirety between scoring lines or between scoring line and joint. Prior to removal, scoring lines shall be saw-cut. 4. If a concrete driveway is damaged and is a single monolithic structure, it shall be removed in its entirety and replaced. 5. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a saw cut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced. SP-49 6. If the roadside signs are damaged during the construction, they shall be restored or replaced to a condition equal or better than the existing per the prior approval of the City's Traffic Section. New installation shall not impede into required ADA access distance around obstacles. A minimum clearance of 48" shall be maintained. 7. If existing fence is in conflict with the new construction, fence shall be relocated by the Contractor. Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of work. 50-1.02 PAYMENT - Full compensation for conforming to the requirements of this section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved, and no additional compensation will be allowed therefor. SP-50 APPENDIX r CITY STANDARDS J J J J 1 ■ w ■ S.L. LUMENS LAMP LUMINABtE HEIGHTOD' ACCEPTABLE POLES TYPE MIArTS) (G.E.) 7.. r3.A T AMERON C T E 5800 0 M-1 ICI-23F6 MOO-7 -AP8 B 8500 100 M-150 6 I C 1-23FO moo -APO C 16000 150 M-150 ICI-28F8 MBO-8.5-APO D 22000 200 M-400A 0 ICI-28F8 'MOO-8.5-AP8 E 27500 250 M-400A 0 ICI-28F6 I MBO-8.5-APO 6' LUMINAIRE, QE. M-150/400A CUTOFF,WITH A.E.RECEPTACLE,240V AC WITH H.P.S.V. LAMP f Q E' LUCALOX 1. P.E. CONTROL' FISHER PIERCE MODEL 66 40 8 ( I09-289 VAC 1. BALAST SHALL 8E REGULATOR TYPE. MAST ARMS aIALL BE COMPATIBLE WITH POLE TENON AND CONFORM TO ASTM A120 FOR GALV. STEEL PIPE OR 6083-T6 FOR ALUM.PIPE, POLE- 1. SHALL 89 OCTAGONAL, SYMMETRICALLY TAPPERED, PRECAST/PRESTRESSED CONCRETE, NATURAL GRAY WITH BLACK AND WHITE AGGREGATE,WITH ANTIORAFFITI SURFACE. METAL MAY BE USED UNDER SPECIAL CIRCUMSTANCES. 2.SHALL BE BASE MOUNTED, DIRECT BURIAL NOT ALLOWED. 3.HARDHOLE SHALL FACE CURD. 4, SHALL BE PLUMB, MAX.VARIANCE 0.06"01. S. LOCATION If TO POLE CENTER 1— 2' FROM CURB FACE, 9- FROM OCR, 6- FROM FIRE HYDRANT CENTER , 4'FROM DRIVEWAY EDGE AND OTHER OBSTRUCTIONS- S.PROVIOE 4' CLEAR SIDEWALK WIDTH FROM POLE EDGE. 7.80LT CIRCLE DIAMETER- 12 112"AMERON, 11 1/2'C£NTRECON. S.MATERIALS SHALL BE FROM SAME MANUFACTURER ALONG SAME STREET. FUSEHOLDER TRON HEX 4240VOLT CIRCUIT) WITH OAF FUSE,SUSSMAN MFG. DIV.OR EQUAL.FUSE-SHALL — E BE RATED AT FIVE TIMES BALLAST LINE CURRENT, z (PER BUSSMAN BULLETIN SFH-10. APPLY 3 LAYERS 3M CO. ELEC. TAPE NO.23 AND 3 LAYERS OF TAPE NO. ea OR EQUAL aX, (TYPICAL 4 PL.) r x 12" NO.8 AWO. PIGTAIL—IF SERVICE DIRECT FROM UTILITY CO. NO-LOX REQUIRED FOR DISIMILAR METALS. • 120/240V CIRCUIT FUSEHOLDER DETAIL • , CAP DETA]L a FOUNDATION,1.P.C.C. 560—C-3290 PER SEC. 201 STD.SPECS. FOR P.W. CONST. W 2.ANCHOR DOLTS I" a 36' a 4" 141 PER ASTM 02219. 30° CITY OF SAN BERNARDINO PI13LIC WORKS DEPT. APPROVED STANDARD NO. STREET LIGHT STANDARD - S L-- I DIR CTOR OF PUBLr( CITY ENGINE R 17 1/4" �� 11 1 BROOKS NO.3 1/2 PULLBOX,OR APPROVED EQUAL, COVER TO BE INSCRIBED WITH 'STREET LIGHTING" L--- f r w N Jco �eop pppe p co w 1"CRUSHED ROCK U o 48 aa) a CONDUIT DO NOT PLACE IN DRIVEWAY OR ROAQ- m WAY, 3' MIN. FROM FIRE HYDRANT. IL Q SPACE EQUALLY ON RUNS NOT TO LOAD a EXCEED 200'. SIDE > w a SECTION y PULLBOX DETAIL m U ' PADMOUNT MOUNTING SLEEVE .• •• P.C.C. 560-C-3250, PER SEC. 201 STD. SPECS.FOR P.W. CONST. •. • 2" MIN. CONDUIT TO UTILITY a SERVICE. .�. INSTALL 5/8"x 8' BLACKBURN COPPER CLAD,OR EQUAL, GROUND CLAMP AND 1 1/2" MIN.CONDUIT , NO.6 AWG BARE COPPER SOLID (LOAD LINE) BONDING CONDUCTOR FOR GROUNDING OF PEDESTAL. 24" SERVICE PEDESTAL DETAIL NOTES i.SERVICE PEDESTAL SHALL BE MYERS ELECTRIC PRODUCTS MEUGQ -MIOOC/SS OR EQUAL. 2.CIRCUIT BREAKERS SHALL BE SUITABLE FOR USE ON 120-240 VOLT SERVICE AND SHALL BE APPROVED BY UNDERWRITERS LABORATORY. 3.CABINET SHALL BE BONDED TO CONDUIT WITH COPPER GROUND WIRE EQUIVALENT TO NO. 6 A.W.G. 4. PULLBOX SHALL BE INSTALLED NEXT TO BASE WITH 1 1/2" CONDUIT MINIUM. 5.CONDUITS SHALL EXTEND INTO CABINET I" ABOVE FLOOR AND HAVE APPROVED CONDUIT BUSHING. 6.CONTRACTOR SHALL MAKE ARRANGEMENTS WITH UTILITY FOR 120-240 VOLT SERVICE AND SHALL BE RESPONSIBLE FOR ANY CHARGES BY THE UTILITY FOR ANY WORK. 7. PULLBOXES SHALL BE PLACED ON ONCOMING TRAFFIC SIDE OF POLES. TOP TO BE FLUSH WITH ADJACENT GRADE. 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O_ D_ D_ CL x x x x x x x x x x x x x x x x x x x x x x x x x x x x x O1 O 01 O1 O1 O1 O1 O1 O1 m O1 O1 O1 O1 O1 O1 Q1 O1 O1 O1 01 u) u) ID ul M m e-1 N M M M M M d' V v d' v m N N O1 O1 M r I, Il 1l I� Il Il 1l Il )l m m m m m m M M m m m M m m ID m m m m m m m N 14 I4 w N N N N N N N N N N N N N N N N N N N N N m M m m M m m M m m m M M m m M m m m m m N N N r l y N 00 ID ID V N w I\ N rl ID N r, Ln ^ 00 t\ 01 V) N m u) N Ol ul Ol M ID ID n m a -1 Ln l0 l0 u) W 00 M u) u1 v ci m 9 M oO Iy u) c-1 e-I n O N v IO t` O N v N O O1 O 01 M m v N ID O) N 00 M 00 .H O1 00 f` lD v r-1 r` N n 00 .--I N h m N N N O O 01 00 I� IO In V M aH 00 ID u) "t N O 01 ID a ID r, 00 00 01 01 O aH N M V Ln u) ID lD f ID .H O O O O O O O O O1 m O1 O) O1 O1 O1 O1 W o0 V1 u) IO O VJ V) l0 ID n ID ID 0 l0 O ID n n t` n f\ n f` f` n O m N � ti � ti � .H .H � .H .-10000000 ° OOOOO .H Uz 9 vvmvvMVVVVVVVVV nvvvvvcl,.) vvvvvvvvv ) vvvvvvvvvvvvv L m m m m m m m m m m m m m m IYl M m m m m m m IY7 M M m M m m IYl M m m m M m M m M m m c� +� Y Y Y Y Y Y y Y Y r y Y y Y Y Y Y Y r Y Y Y Y Y Y Y Y Y Y �3 u u u u v u u u u u u u u u u u u u u u u u 'u u u u u u u u v u 'u u u u u u u 'u v V H 0.O. w Eo 0 0!0 0 0 0 0 0 0 0 0 0 0 0 0 0l0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H Z u5 c V � o � O ° w I rA M m 0 0 m m m m o v w o o . v o v v v v v v v a a v m a v v v v a 0 m m m m v m m m o m M m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m Ia m m m m m m m y c w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w x x x x x x x x x x x x x x x x x d m m m m m m m m m m m m m m m m m m m m m m m m m I` m m ` m m m I` ` m m I` 2 I` ` 2 m m m I` p a a m s a a a � a n n � a a` -a m -o -a a s m � a .n` -D m .n` a -D a a n a a a a a a m a` a` a s 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u u u u u u u u u u u u u u u u u u u v u u u u u u u u u u u u u u u u u u u u u u u u u u w w w w w w w w w w w w w w w 2 a v v v v a v v v u v u y v w —w v p u w w w u u w u u u u u u u u u u u u w w w u u u u w w u u u w u u u u u u u u u w u w w u y c N n N c c y c c c c c c c c c c c c N N c c c c N c c c N c c c c c c c c c N c iz iz c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u u u u u u u u u u u u u u u u u v u u u u u u u u u u u u u u u N O to 0o ID a h N ID a oo t0 IOD oO ID N O N N N Oo I n LD N m M IN ID M en my a s 00 000 000 o^0 0o0 0o0 1; a r v v v v v v v v v -1 .4 1" a �-krM4 V Ol O .H N M V' u1 ID n 00 01 O �-f N m v u) ID n 00`Ol o .H N M 4' u) lD n W In o .H N m V Ln n W N N N N N N m M m m M M m M m m v V d' V v v v ul ul In Vl ul ) u) ul u) u) ID IO l0 1p lD IO ID " IO M m M M m m m M m m M M M M m M m m m�m m m m M M M m fn m m M M M M M M m M M m m M m M m w w w w w w w w w > > N Q Q Q Q Q Q Q > > Q Q O-y 1~il F- H Q Q Q Q Q Q Q Z w F- V~i Z Q Q Q z w w 0�c z 2 I w z 2 ac cc J Z Z W W W W W w W w Z J 0: W W z 3 3 ca M Z z Z Z Z Z z w Z M w w n In n ei V1 N 00 z w tD Z 00 VI O O O O .-4 V1 n M M M N W M 00 01 O 00 00 o Vl VI o N n n v v m .-i w 0 " ei n w 'i N N N N N N M M N 00 N N .� .e o 0 o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 F3 0 In vl vl In o o In v vl vl o vl In vl o 0 to N N N N N N N N N ei N N N N H N N 0 0 0 0 0 o o 0 0 0 0 00 0 0 0 0 R o Cq N N o o n -q o � � 0 0 ^ 3 N N N 'i N N N N c-I .-I c-1 N N N ci N N O C � O tD W lD O1 O1 Ol T Q1 O1 O1 tD O1 lD ID lD al O1 n n n W W v v v W W n a n n n v do V1 V1 ul lD rl lD tD l0 lD lD V1 I N . V1 . W �y N N N N N N N N N N N N N N N N N I� Q N N N N N N N N N N N N N N N N N M M M M M M M M M M M m M M M M M 'r^y7J1 m O N M V) - n - - N n - - 00 W O L p � � Vl rl N N N c-I N N V V) V7 N 00 lD n 00 n n n 00 00 00 00 W W W W W Dl O M m M 3_ tD O O l0 lD t0 l0 �O tD lD t0 lD lO n a> 01 Ql J J J J J J J J J J J J J J J J J CL o o O g o 0 0 0 0 0 0 0 0 0 0 0 0 N O u'1 N O m 0 0 0 o 0 0 0 m N o 0 0 E in N n n tD n N N w w w w N n n w N N N N N li N N N CL d > > > > > > > > > > > > > > > > > G VI VI VI V1 to In VI (A N V1 V1 V1 V1 cL N In VI CL o_ D. D- n. a n. a a n o_ D. a a D_ n. o_ x s x x x x x x s x x x x 01 01 01 01 M 0, rn rn M m 00 .-i rn rn rn 7. N N LD n n n n n n n n N n w n n n N N N N N N N N N M N N N N N W v� nnnnnnnn nnnnnnnnn O c .71 J d m Dl a .-i .-+ W n tD n 1-4 m m m 0 V .i N ~ lD n M tmn N N W Ln eN-1 �M-I e�-I M V V N ti m m ti ti N m r 1 z m m M m 1 v v e m v m m m m m v m N M m m m m m m m M m m m m m M c � Y � YY : Y � YYYy � YYYy 5 u u 5 'u v u 'u u u i� 6 u L7 A HoO� � d 00000 Z W z a W E 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N - VI Vl r4 N N N m Vl Q W � � o I ` ° I 0 3 �L I OG G G CC Q W < V) \\\ Q Q< 7I' V) Z Z Z > > CL 'a -0 'O -O '6 'O -O -O '6 'a -O -O 'D -O 'D e v v v v v v v v CL v v v v v v v v v x x x x s x x s x x x x x x s x x p a a a a a 0 n` 0 0 0 .n n a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u u u u u u u u u u u u u u u u u v v v v v v v v 00. N N N c c c c N c N c c c u U u U V u u U Fria. W 00 M C4 m m 00 N D 00 V V1 n 'r V)In v V n n 001 0M1 ONl 001 001 4", > > > > > W d Z Z Z Z Z O O O O O u U U u U � m �(m m m4,mm m,m m m'm m m MANUFACTURER INFORMATION XS P2TM XSP Series LED Street Light-Horizontal Tenon-Type III Product Description Designed from the ground up as a totally optimized LED street light system, the XSP Series delivers incredible efficiency and is designed to provide L70 lifetime over 100,000 hours without sacrificing application performance. Beyond substantial energy savings and reduced maintenance,Cree achieves better optical control with our NanoOptic*Precision Delivery Grid"optic than a traditional cobra head luminaire.The Cree XSP Series LED Street Light is the best alternative for traditional street lighting with better payback and better * performance. l Performance Summary VFjr` Utilizes BetaLED®Technology NanoOptic Precision Delivery Grid optic v<` CRI:Minimum 70 CRI ;+ CCT:4000K(+/-300K), 5700K(+/-500K) Warranty:10 years on luminaire/limited 10 years on Colorfast DeltaGuard"finish 26.2^ Made in the U.S.A.of U.S.and imported parts [665mm] Accessories XA-SP2BLS Backlight Control Shield a.s^ C717mm] -Provides 112 Mounting Height Cutoff I XA-SP2BRDSPK � Bird Spikes � �C7 las^ i ^C [36..] I 9d-Ai Ordering Information Example: BXSPA032A-USF BXSP A 0 A - BXSP A 0 3 2 A - U s A ROAM'Controls Horizontal Type III Standard 101W Universal Silver -Installation of ROAM dimming control module only. Tenon H 4000K 120-277V (Standard) Services provided by others. Type III B V T Includes R option w/BLS Standard Universal Black F Fuse 5700K 347- z -When code dictates fusing,use time delay fuse H 480V.^ Bronze -Not available with V voltage High B K Occupancy Control Efficacy Platinum -Refer to Occupancy Control spec sheet for details 4000K' Bronze N Utility Label and NEMA Photocell Receptacle P W High White -Includes O option Efficacy -Refer to Field Adjustble Output spec sheet for details 5700K` O Field Adjustable Output -Refer to Field Adjustable Output spec sheet for details R NEMA Photocell Receptacle -Photocell by others U Utility -Includes exterior wattage label that indicates the maximum available wattage of the luminaire Includes O option -Refer to Field Adjustable Output spec sheet for details 'Available 03 2012.Preliminary data shown. "347-480V utilizes magnetic step-down transformer.For input power for 347-480V,refer to the Lumen Output,Electrical,and Lumen Maintenance data table below. ®Beta LED o US Rev.Date:9/14/2012 _ TECHNOLOGY r'O �■ -�� BOO www.creecom/lighting T (800)236-6800 F (262)504-5415 XSP Series LED Street Light-Horizontal Tenon-Type III Product Specifications Photometry CONSTRUCTION&MATERIALS All published luminaire photometric testing performed to IESNA LM-79-08 • Die cast aluminum housing standards by Independent Testing Laboratories,a NVLAP certified laboratory. • Tool-less entry ,s. ssu ,so• Mounts on 1.25"IP(1.66"[42mm]O.D.)or 2"IP(2.375"[60mm]O.D.) ' 100 60'60'i0 20' v 20' S0 60 e0'W horizontal tenon(minimum 8"[203mm]in length)and is adjustable+/- 4,42 z4A zo° ,20 5•to allow for fixture leveling(includes two axis T-level to aid in leveling) l6 qo. Designed with 0-10V dimming capabilities.Controls by others 16, 20' 6, Exclusive Colorfast DeltaGuard'finish features an E-Coat epoxy primer 9p• 90° o' 2 6 °m with an ultradurable powder topcoat,providing excellent resistance to I o' corrosion,ultraviolet degradation and abrasion.Standard is silver.Black, ao' om 6 122 bronze,platinum bronze and white are also available o• 6o 1 ELECTRICAL SYSTEM • Input Voltage: 120-277V or 347-48oV,50/6OHz 30° '°° `° • Class 2 output ITL Test Report#:72724 BXSPA`32A-U BXSPA`32A-U Mounting Height:25'(7.6m) • Power Factor.>0.9 at full load Initial Delivered Lumens:7,406 Initial Delivered Lumens:7,000 • Total Harmonic Distortion:At 20%at full load Initial FC at grade. I Integral 1OkV surge suppression protection standard • To address inrush current,slow blow fuse or type C/D breaker should be used REGULATORY&VOLUNTARY QUALIFICATIONS • cULus Listed • Suitable for wet locations Product qualified on the DesignLights Consortium("DLC")Qualified Products List("OPL").Exceptions apply when N,U,or Q options are ordered-see Field Adjustable Output spec sheet for details. ' Certified to ANSI C136.31-2001,3G bridge and overpass vibration standards 1OkV surge suppression protection tested in accordance with IEEE/ANSI C62.41.2 Meets CALTrans 611 Vibration testing and GR-63-CORE Section 4.41/5.4.2 C62.41.2 Luminaire and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard B 117 RoHS Compliant Meets Buy American requirements within ARRA PATENTS Visit website for patents that cover these products: Patents http://www.cree.com/patents I Lumen Output,Electrical and Lumen Maintenance Data y 4000K 5700K TOTAL CURRENT TOTAL CURRENT SOK Hours Input System System Calculated Lumen Module Power Initial BUG Initial BUG Watts Watts Maintenance Designator Delivered Ratings- Delivered Ratings" 120-277V 120V 208V 240V 277V 347-48oV 347V 480V Factor Lumens Per TM-15-11 Lumens Per TM-15-11 @n 15-C(59°F)••• Standard A 7,000 B2 UO G1 7,700 B2 UO G2 101 0.84 0.50 0.44 0.39 106 0.31 0.22 91% High Efficacy` A 9,612 B2 UO G2 10,680 B2 UO G2 101 0.84 0.50 0.44 0.39 106 0.31 0.22 91% 4000K 5700K TOTAL CURRENT TOTAL CURRENT SOK Hours Input System System Calculated Lumen Module Power Initial BUG Initial BUG Watts Watts Maintenance Designator Delivered Ratings`" Delivered Ratings" 120-277V 120V 208V 240V 277V 347-480V 347V 480V Factor Lumens Per TM-15-11 Lumens Per TM-15-11 @ 15°C(59•F)••` Standard A 6,130 TBD 6,742 TBD 101 0.84 0.50 0.44 0.39 106 0.31 0.22 91% High Efficacy' A 8,417 TBD 9,352 TBD 101 0.84 0.50 0.44 0.39 106 0.31 0.22 91% 'Available Q3 2012.Preliminary data shown. For more information on the IES BUG(Backlight-Uplight-Glare)Rating visit www.iesna.org/PDF/Erratas/TM-15-11BugRat,ngsAddendum.pdf Projected L,o(6K)Hours:>36.000.For recommended lumen maintenance factor data see TD-13 EPA and Weight Input Weight Weight EPA Power 120-277V 347-480Vr 1 90 11 2 @9�Q 1_; 1A0' 1 1 3�90,�,� rY 4090 Z t5 Designator L Q° �° l A 26 Ids(12kS 29 Ids(13.2kg) 0.692 1.140 1.384 1.832 2.280 ©2012 Cree,Inc.and/or one of its subsidiaries.All rights reserved.For informational purposes only.See www.cree.com/lighting for = _ warranty terms.Creel,the Cree logo,BetaLED®,NanoOptic",and Colorfast DeltaGuard°are registered trademarks and the BetaLED Technology logo,Precision Delivery GridTM,XSPtT"and XSP2T"are trademarks of Cree,Inc.or one of its subsidiaries. ROAM*is a registered trademark of Acuity Brands,Inc. www.cree.com/lighting T (800)236-6800 F (262)504-5415 Field Adjustable Output XSPITM / XSP2TM/XSP2Lr"LED Street Lights Description: The Field Adjustable Output option for the Cree®XSP Series LED street light enables the output of the luminaire to be tuned to the exact needs of a particular application.With nine(XSPJTM or XSP2-luminaires)or seven(XSP2U"luminaires)levels of adjustment,the XSP Series offers maximum flexibility to best meet a variety of applications using a single luminaire.When N or U options are ordered,the luminaires will have the field adjustable option as well as a wattage label that indicates the maximum available wattage of the luminaire. XSP1Tm and XSP2T" Luminaires �;'. ^ � � +IA 1- ,� A 1.00 1.00 91% + r ? h ! dtik:` r � F 'r ,qty uMN NAME'*° *ri r { ^,�4.,..k M1eA.A,' .-> �n7.. .��`P'' r�A.... mEP,*'"a'+;'•y�,4 t vY} C 0.82 0.86 92% A IM h'.y "•, „y�€' + rare �a +Rr;Y E 0.64 0.70 93% �� :5t_ � t7: � M 010", ,� s •- ,,a�M n l t '1,.;t. Nr.r R', i ,?:� r, v7 G** 0.46 0.52 94% { a*` i # x ; t a7< IT',x & 1** 0.28 0.29 95% XSP2L m Luminaires L 1.00 1.00 86% , a'F , ,' d ; � ' )s d*a'1l f4 rrrl a r a t•Y'g' a L 1.00 1.00 86% tr K ,{M1`Tf°a N 0.80 0.85 87% h t y pt•.gyk �1 .,i Y r :.� a 5'J: rY t 3 kATk 7,t ti Q,68 u's1 P** 0.58 0.64 89% • y h k muff ka r z. . ark a,�!• ,o k Q r,:,•_ts .0:46 „' 051 89% R** 0.35 0.37 91% *Projected Leo(6K)Hours:>36,000.For recommended lumen maintenance factor data see TD-13. Product qualified on the DesignLights Consortium("DLC")Qualified Products List("QPL')except when the Input Power Designator is set to G,H,I,P,Q,or R.. Rev.Date:03/27/2013 ©2013 Cree,Inc.All rights reserved.For informational purposes only.Content is subject to change.See www.cree.com/patents for patents that cover these products.Cree'and the Cree ®Beta LED_ w logo are registered trademarks and XSP1'",XSP2TM,XSP2L,and the Betal-ED Technology logo TECHNOLOGY are trademarks of Cree,Inc.. ZS?JPA 26- Electrical stational Joint Powers A WrkV' SECTION 26 56 19 00 -LED COBRA HEAD STREET LIGHTING LUMINAIRES LED EQUIVALENT REPLACEMENT All luminaires must be on the DesignLights Consortium's Qualified Products List. l�um�naire Regbir� m�r�t� .d . „ Correlated Color Temperature Nominal CCT('K) CCT 4000±275K Color Rendering Index(CRI) Luminaires shall have a minimum CRI of 65. Off-state Power Consumption The power draw of the luminaire(including PE or remote control devices)shall not exceed 2.50 wafts when in the off state. A warranty must be provided for the full replacement of the luminaire due to any failure for six(6)years.The warranty shall Warranty provide for the repair or replacement of defective electrical parts (including light source and power supplies/drivers)for a minimum of eight(8)years from the date of purchase. Weight Luminaire shall not weigh more than 30 pounds. Operating Environment Luminaire shall be able to operate normally in temperatures from -20° C to 50° C. Shall consist of a heat sink with no fans, pumps, or liquids, and Cooling System shall be resistant to debris buildup that does not degrade heat dissipation performance. Dimensions(Approx.) 26" long x 15"wide x 6"tall Shall be primarily constructed of metal. Finish shall be gray in color, powder coated and rust resistant. Driver must be mounted internally and be replaceable. Driver must be accessible without tools. All screws shall be stainless steel. Housing Captive screws are needed on any components that require maintenance after installation. No parts shall be constructed of polycarbonate unless it is UV stabilized (lens discoloration shall be considered a failure under warranty). Ingress Protection shall be rated a minimum of IP54. Luminaire shall have the capability of being dimmed to at least Lighting Controls 50% output. Driver must be compatible with third-party wireless control and monitoring systems. LED Cobra Head Street Lighting Luminaires LED July 2013 Equivalent Replacement NJPA Southern California, Lighting Energy Efficiency 26561900- 1 26- Electrical PA Matmal Join Powe[s rlliiance' Luminaire shall mount on 1.25' IP(1.66"O.D.)and/or 2" IP Mounting Arm Connection (2.375'O.D.)horizontal tenon (minimum 8"[203mm]in length) and shall be adjustable+/-51 to allow for fixture leveling. Luminaires shall have a 3-prong twist-lock photo-control PE Cell Receptacle receptacle in accordance with ANSI C136.10.The PE socket needs to be able to rotate, so that the PE window can always be positioned to face the North direction. House Shield Shall provide option for house side light control. Equipment Identification Requirements: Labeling/Identification: Each luminaire shall have the manufacturer's name,trademark, model number, serial number, date of manufacture (month and year), and lot number as identification permanently marked inside each unit. The wattage and voltage of the luminaire shall be able to be detected visibly from an observer standing at ground elevation at the base of the pole according to applicable SCE standards. The following operating characteristics shall be permanently marked inside each unit: rated voltage and rated power in Watts and Volt-Ampere. Each Luminaire must have a Bar Code identifying its Catalog number,Wattage and Current settings of 700 mA, 525mA, or Bar Code(Recommended) 350mA. Bar code to be attached on the inside of housing door and must be easily visible once door is opened. LED Moditlel�4rry Reglirgme0ts `, t Lumen Depreciation of LED LED module(s)/array(s)shall deliver at least 70%of initial lumens, Light Sources and Ingress at 50,000 hours of operation.Assembly shall be rated a minimum of Protection IP66. LED Cobra Head Street Lighting Luminaires LED Equivalent Replacement July 2013 26561900-2 NJPA Southern California, Lighting Energy Efficiency 4NJPANational Joint Powers Alliance' 26- Electrical Power Factor Power supply should have a minimum Power Factor of 0.90. Maximum rating DC Forward Current at TA 25°C should be 1,500 mA. Maximum amperage at LED must not exceed driver current to meet Lumen Depreciation value described above but shall not Max amperage at LED exceed 1,000 mA per mm2 of chip. Standard factory setting shall be 525 mA, as delivered from the factory.The Driver and LED arrays shall be designed for multi-current input operation, with switchable ratings at 350 mA, 525 mA and 700 mA. Per IEEE C.62.41-2-2002, Class A operation. The line transient Transient Protection shall consist of seven strikes of a 100k HZ ring wave, 10 KV level, for both common mode and differential mode. It should also meet test procedure in accordance with IEEE C62.45. Operating Temperature Power Supply shall operate between-20° C and 50° C. Frequency Output operating frequency must be> 120 Hz(to avoid visible flicker)and input operating frequency of 60 Hz. Interference Power supplies shall meet FCC 47 CFR Part 15/18. Power supply shall have a Class A sound rating per ANSI Standard Noise and Ingress Protection C63.4.Assembly or compartment shall be rated a minimum of IP54. Measurement/Perfgrmance/Safety Standards.. ANSI C78.377.2008 Specifications for the Chromaticity of Solid State Lighting Products. Specifications for Solid State Light Sources Used in Roadway and ANSI C136.37-2011 Area Lighting. IESNA LM-79-08 IESNA Approved Method for the Electrical and Photometric Measurements of Solid-State Lighting Products. LED Cobra Head Street Lighting Luminaires LED July 2013 Equivalent Replacement NJPA Southern California, Lighting Energy Efficiency 26561900-3 PA 26 - Electrical National Joint Powers ARLmWe IESNA LM-80-08 IESNA Approved Method for Measuring Lumen Maintenance of (Recommended) LED Lighting Sources. •8750 Light-Emitting Diode(LED)Light Source for Use in Lighting Products • 1598 Luminaires UL Standards (Latest • 1012 Power Units Other Than Class 2 Approved) • 1310 Class 2 Power Units •2108 Low Voltage Lighting Systems •All components shall be UL approved All luminaires must meet the following minimum lumen output and IESNA luminaire classification requirements to provide equivalent light output to the HPS fixtures they are intended to replace: Wattage of HPS Fixture to be Minimum Lumen IESNA Luminaire Classification* Replaced Output(lumens) 50W, 70W, and 10OW 3900 Cutoff or 131 U1 G1 150W 5950 Cutoff or B2 U2 G2 20OW 7880 Cutoff or B2 U2 G2 250W 9350 Cutoff or B2 U2 G2 31OW 10,450 Cutoff or B3 U3 G3 40OW 13,117 Cutoff or B3 U3 G3 *BUG ratings per IES TM-15 END OF SECTION 26 56 19 00 LED Cobra Head Street Lighting Luminaires LED Equivalent Replacement July 2013 26561900-4 NJPA Southern California, Lighting Energy Efficiency STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS & FEDERAL CODE OF REGULATIONS 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 kneel 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. 131 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 thereoL 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 181 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)sbau 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 faits 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. M The contractor shall inform the body awarding the contract of the Iocation 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 trade 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 shalt 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 or records required by this section d unless a later (0 This section shall remain in effect only until January i,2t}03,and as of that date is repeated, 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 claseifce ion,and straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeymen,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 certifud and steal! be available for inspection at all reasonable hours at the principal office of the contractor on the fallowing 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.]f 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 provided the Division of Labor Standatzia Enforcement or (c)The certified payroll records shall be on forma pr by shall contain the same information as the forms provided by the division (d)Each contractor shall ft 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 ror 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. (1)The contractor shalt 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 thereat; for each worker, until strict compliance is effectuated. Upon the request or 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. P) The director shall adopt rules consistent with the California Public Records Act.(Chapter 3.5(commencing with Section 6250),Division 7,Title 1,Governmertt 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. 1,2005. (9 This section shall become operative January 1777.5.(a]Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. or (b) Every apprentice employed upon public works shall be Paid the prevailing rate of per�them or trade f to apprentices in the trade to which he or she is registered and shall be employed only at the which he or she is registered. (c) Only apprentices, as defined in Section 3077, who are in training under tandards that er apprenticeship _ have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to employed n apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are fi be in accordance with apprentice wage rate on public works.The employment and training of each apprentice either(1)the apprenticeship standards and apprentice eareements 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 tinder 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 trait 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 affcctr 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 comtxactor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shaft 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 appzenticeabie occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, 'contcacmr 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 shag include an estimate of journeynim 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 fhe 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. (1) 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 m 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 dap 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 Ao 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 ibr each five journeymen in a craft or trade classification. apprenticeship program's (i) A contractor covered by this section that has agreed to be covered by an standards upon the issuance of the approval certificate, ok 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 thaw 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 au sit of his or her contracts on an annual average of not leas than one hour of apprentice world for every certificate five hours of labor performed by journeynun,the Chief of the Division of Apprenticeship Standards may gram exempting the contractor from the 140-5 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 shalt 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 apPrenticeabic craft or trade is replacing at least one-thirtieth of its journeymen armual{y through apprenticeship training, either an a statewide basis or an a local basis.{4)Assignment of an appre ntice 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 journey-an.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 contractor WM��cave submit individual applications for approval to local joint apprenticeship committees,if they are focal 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 appmnticeable 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 contactor may take as a credit for payment$ to the council any amounts Paid by the contractor W 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 m 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 folkms: (A) If there is an approved muldemployer apprenticeship program,serving the same crab or trade and geographic area for which the training contributions were made to the council, a grant to that program shell be made. () if there are two or more approved muitiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were wade 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 subparagrapbs(A)and(S)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 Appre.nticebhip Training Contribution Fund,which fund is hereby created in the Training State Treasury. Notwithstanding Section appropriated riated for the purpose of carrying out this subdivision and Apprenticeship pay the Contribution Fund is hereby continuously approp 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 far work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollar's($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)fbr 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, when;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, ror 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 runt from the date the determination of noncompliance by the Chief becomes a Coral 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 shell 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 ># 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 Emit at a time set forth for exchange of evidence by the Li Administrator.(3)Within 40 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 shalt 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 tactual 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 riled 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 riled, 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 s are no supported evidence in light of discretion is established if the court determines that the fording pPo by 5 the entire record.(6)The Chief may cartify a coPy of the order of the Administrator and flit 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!cling,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 ta=s.The clerk shall not charge for the service performed by him or her pursuant to this section.An awarding body that has withheld funds is response to a determination by the Chie Penalty mit the under this section shall,upon receipt of a certified copy of a final order of the Administrator,promptly s 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 the prime contractor had knowledge of the subcontractor's failure to for any penalties under subdivision(a), u comply with the provisions of Section 1777.5 or unless the prince contractor tails to comply with any of the following requirements:(1)The contract executed between of the tthproovnisi�ot�Sections subcontractor or the performance 3,oand 815. the public works project shall include a copy on the public {2)The contractor shall continually monitor a subcontractor's use of apprentices required to be employed review of the works project pursuant to subdivision (d) of Section 1777.5, including, but not limited to, Periodic certified payroll of the subcontractor.(3)Upon becoming aware of a failure of the subconiiactor to employ the required number o[apprentices, the contractor shall take corrective action,including,but not li mited to,retaining funds due project until the failure is con -acted. subcontractor for work performed on the public works {4) Prior to malting the fmai 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. want to this section shall be deposited in the General Fend [e)Any funds withheld by die awarding body p is as entity if the awarding body is a state entity,or in the equivalent fund of an awarding body if the awarding body other than the state- 9 penalty, is (f)The Chief shall consider,in setting the amount of a should be debarred in for violating gthis section,all of the serious,and in determining whether and for how long a party has committed other following circumstances: [i) Whether the violation was intentional. (2) Whether the Party violations of Section 1777.5. (3) Whether,upon notice of the violation,the party took steps to wluntarily,remedy the violation_ (4) whether, and to what extent, the violation resulted in lost training opportunities £or apprentices.a seeks whether,and to what extent,the violation otherwise harmed apprentices of debarment,sthe Administrator shall decide review of a decision by the Chief to impose a monetary penalty Peri de novo the appropriate penalty,by considering the same factors act forth above. _of the (p) The interpretation of Section 1777.5 and this section regulations sh to accordance� hits guidelines for the imposition Caiifomia Apprenticeship Council.The Administrator may op 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 ta'7 .dir.ca. Uv . DAB 10(Rev.04-02) 5 STATE OF CALIFORNIA EDMUND G.BROWN,Jr.,Governor DEPARTMENT OF INDUSTRIAL RELATIONS www.dir.ca.gov DIVISION OF APPRENTICESHIP STANDARDS 455 Golden Gate Avenue,10th Floor ADDRESS REPLY TO: San Francisco,CA 94102 Div.of Apprenticeship Standards Tel: (415)703-4920 P.O.Box 420603 Fax:(415)703-5477 San Francisco,CA 34142-0603 Important Notice Regarding Chances in CCR 230.1 An addition has been made to section 230.1 regarding employment of apprentices on public works it is effective as of November 16,2011.To see a copy of the amended regulation please click on the following link:bttp://www.dir.ca.g—ov/das/DasReg—ulations/20 1011 Regs320Text.ndf In general,for covered projects, "except for projects with less than 40 hours of journeyman work",for the purpose of determining whether a contractor has properly requested an apprentice, all requests for dispatch of an apprentice "shall be for not less than 8 hours per day per each apprentice or 20%of the estimated apprentice hours"required to meet ratio whichever is greater. AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, TITLE S, CHAPTER 2, PART-IV,SECTION 230.1 §230.1. Employment of Apprentices on Public Works. (a)Contractors,as defined in Section 228 to inciude.general,prime,specialty or subcontractor, shrill employ registered apprentice(s), as de'fined'by Labor Code Section 3077, during the performance of a public work project in accordance with the.required one hour of work performed by an apprentice for every five hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted,the contractor shall employ apprentices for the number of hours computed above before the end of the contract. Contractors who are not already employing sufficient registered apprentices(as defined by Labor Code Section-3077)to comply with the one-to-five ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or,trade and whose geographic area of operation includes the site-of the public work by giving the committee written notice of at least 72.hours(excluding Saturdays,Sundays-and holidays)before the date on which one or more apprentices are required. If the apprenticeship committee from which apprentice dispatch(es) are requested does not dispatch apprentices as requested,the contractor must request apprentice dispatch(es)from another committee providing training in the applicable craft-or trade in the geographic area of the site of the public work,and must request apprentice dispatch(es) from " each such committee, either consecutively or simultaneously,until the contractor has requested apprentice dispatches from each such committee in the geographic area.All requests for dispatch of apprentices shall be in writing,sent by first class mail,-facsimile or email. Except for projects with less than 40 hours of iourneyman work each request for apprentice dispatch shall be for not less than an 8 hour day per each apprentice or 20%of the estimated apprentice hours to be worked for an employer in a particular craft or trade on a project whichever is greater,unless an employer can provide written evidence upon request of the committee dispatching the aDDrentice or the Division of Apprenticeship Standards that cirdumstances*bgyond the employer's control prevent this from occurring. If a non-signatory contractor declines to abide by and comply with the terms of a local committee's standards,the apprenticeship committee shall not be required to dispatch apprentices to'such contractor. Conversely, if in response to a written request no apprenticeship committee dispatches,or agrees to dispatch during the period of the public works project any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the apprenticeship committee's standards or these regulations within 72 hours of such request(excluding Saturdays,.Sundays and holidays).the contractor shall not be considered in violation of this section-as'a result of failure to employ apprentices for the remainder of the project,provided that the contractor made the request in enough time to meet the above-stated ratio.If an.apprenticeship committee dispatches fewer apprentices than the contractor requested,the contractor shall be considered in compliance if the contractor employs those apprentices who are dispatched,provided that,where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices,the contractor has requested dispatch from all committees providing training in the applicable craft or.trade whose geographic area of operation include the site of the public work.Nothing in-this section.shall affect the right of:a Contractor who participates inn and employs registered. apprentices from programs approved under Labor Code Section 3075 outside the geographic area of the public work from employing said apprentice(s) on the site of the public work in order to meet the ratio requirement of Labor Code Section 1777.5. (b)Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate,available from DAS, and derived from the Director's survey•of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractor's failure to pay the proper apprentice prevailing wage rate on a public works project to the Division of Labor Standards Enforcement for investigation and appropriate action. (c)Apprentices employed on-public works can'only be assigned to perform.work of the craft or trade to which the apprentice is registered. Work of the craft or trade consists of job duties normally assigned to journeymen in the apprenticeable occupation. Where an employer employs apprentices under the rules and regulations of the California Apprenticeship Council, as set forth in Labor Code Section 1777.5(c)(2), apprentices employed on public works must at all times work with or under the direct supervision of journeymanlmen. The on-;the-job training shall be in accordance with the apprenticeship standards and apprenticeship agreement under which the apprentice is training,provided that a contractor shall not-be subject to any financial or administrative obligations to a trust fund or employee benefit plan finless the contractor has so agreed. (d)The provisions of this regulation shall not apply to contractors on public works projects that were bid prior to July 1,2009. Such contractors shall comply with the version of this regulation that was in effect prior to July 1,2009. . 3 Division of Apprenticeship Standards - Important notice Change to Code of Regulations Setion 230.1 Notification of Change in Regulation 230.1 Regarding Employment of Apprentices on Public Works. • Regulation 230.1 has been amended. The change will affect projects bid after June 30,2009. Projects bid on or before June 30,2009 will still be controlled by the prior version of 230.1. • The change requires all contractors (who are not already employing sufficient apprentices)to request dispatch (either consecutively or simultaneously) from all approved apprenticeship programs in the geographical area of the project. • The change also requires that contractors who employ apprentices but are not meeting the required ratio for their craft must request dispatch from any other programs in their craft that exist in the geographical area of the project • The change also requires contractors to give the approved apprenticeship programs written notice of the request for dispatch at least 72 hours in advance.Previously 48 hours advance notice was required. Effective on projects bid July 1, 2009 Reg. 230.1. Employment of Apprentices on Public Works. (a) Contractors,as defined in Section 228 to include general,prime, specialty or subcontractor,shall employ registered apprentice(s), as defined by Labor Code Section 3077, during the performance of a public work project in accordance with the required one hour of work performed by an apprentice for every five hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted,the contractor shall employ apprentices for the number of hours computed above before the end of the contract. Contractors who are not already employing sufficient registered apprentices (as defined by Labor Code Section 3077) to comply with the one-to-five ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or trade and whose geographic area of operation includes the site of the public work by giving the committee written notice of at least 72 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. If the apprenticeship committee from which apprentice dispatch(es) are requested does not dispatch apprentices as requested, the contractor must request apprentice dispatch(es) from another committee providing training in the applicable craft or trade in the geographic area of the site of the public work, and must request apprentice dispatch(es) from each such committee, either consecutively or simultaneously, until the contractor has requested apprentice dispatches from each such committee in the geographic area. All requests for dispatch of apprentices shall be in writing, sent by first class mail, facsimile or email. If a non-signatory contractor declines to abide by and comply with the terms of a local committee's standards, the apprenticeship committee shall not be required to dispatch apprentices to such contractor. Conversely,if in response to a written request no apprenticeship committee dispatches, or agrees to dispatch during the period of the public works project any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the apprenticeship committee's standards or these regulations within. 72 hours of such request (excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation of this section as a result of failure to employ apprentices for the remainder of the project, provided that the contractor made the request in enough time to meet the above-stated ratio. If an apprenticeship committee dispatches fewer apprentices than the contractor requested, the contractor shall be considered in compliance if the contractor employs those apprentices who ate dispatched,provided that,where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices, the contractor has requested dispatch from all committees providing training in the applicable craft or trade whose geographic area of operation include the site of the public work. Nothing in this section shall affect the right of a contractor who participates in and employs registered apprentices from programs approved under Labor Code Section 3075 outside the geographic area of the public work from employing said apprentice(s) on the site of the public work in order to meet the ratio requirement of Labor Code Section 1777.5. (b) Apprentices employed on public works shall be paid the applicable apprentice prevailing per diem wage rate, available from DAS, and derived from the Director's survey of wages paid on public works in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractor's failure to pay the proper apprentice prevailing wage rate on a public works project to the Division of Labor Standards Enforcement for investigation and appropriate action. (c) Apprentices employed on public works can only be assigned to perform work of the craft or trade to which the apprentice is registered. Work of the craft or trade consists of job duties normally assigned to journeymen in the apprenticeable occupation. Where an employer employs apprentices under the rules and regulations of the California Apprenticeship Council, as set forth in Labor Code Section 1777.5(c) (2), apprentices employed on public works must at all times work with or under the direct supervision of journeyman/men. The on-the-job training shall be in accordance with the apprenticeship standards and apprenticeship agreement under which the apprentice is training, provided that a contractor shall not be subject to any financial or administrative obligations to a trust fund or employee benefit plan unless the contractor has so agreed. (d) The provisions of this regulation shall not apply to contractors on public works projects that were bid prior to July 1,2009. Such contractors shall comply with the version of this regulation that was in effect prior to July 1,2009. Note:Authority cited: Section 1777.7,Labor Code.Reference: Section 1777.5,Labor Code. June 2009 STATE OF CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL CALRECYCLE PROGRAM FOR UNIVERSAL WASTE COLLECTION FEDERAL ENVIRONMENTAL PROTECTION AGENCY (EPA) REQUIREMENTS Universal Waste Page 1 of 1 c .Hazardous Waste&Universal Waste(U Waste) UniversalWaste .............................................................................. Hazardous waste regulations designate a category of hazardous wastes called More Information... "universal waste"(u-waste).This category includes many items,including fluorescent lamps,cathode ray tubes,instruments that contain mercury,batteries,and others. Information on where to take d u d u-waste... Until recently,some universal wastes could be disposed In the trash under some circumstances,however this is no longer the case--all u-wastes are now banned from asW banned from the the trash. trash... Under Caliibmia's r Universal Waste Rule(Adobe PDF,108 KB), households and Information c "conditionally exempt small quantity generators"were allowed to dispose fluorescent enforcement agencles(LEA)... lamps,batteries(not leadfacid batteries of the type used in autos),mercury thermostats, and electronic devices to the trash through February 8,2006,unless the local trash companies or other agencies prohibited it. Large and small quantity handlers are required to ship their waste to either another handler,a universal waste transfer station,a recycling facility,or a disposal facility. On February 9,2004, regulations took effect in California that classified all discarded fluorescent lamps as hazardous waste.This includes even low mercury lamps marketed as"TCLP passing"or"TfLC passing."No one in California is allowed to discard their fluorescent lamps and batteries as nonhazardous solid waste(as ordinary trash). Televisions and computer monitors also cannot be disposed to the trash.Most televisions and computer monitors are currently considered hazardous waste when they have lived their life and are ready for recycling or disposal, Including cathode ray tube(CRT), liquid crystal diode(LCD),and plasma monitors.These items may not be put in the trash. For a more information about the details of most universal wastes,contact the California Department of Toxic Substance Control.Also see the DISC Web page on universal waste. For information about electronic waste specifically,see the California Integrated Waste Management Board's a-waste Web site, Electronic Product Manaaemerrt,or contact e____.�ga[recvcle.ca.ttov. Last updated:May 16,2006 Used Oil&Household Hazardous Waste Program,httn llwww calrecvcle ca aov/HomeHazVVh3W Contact:UsedOilHM%acalMMle.ca.-g (916)341-6507 Conditions of Use( Privacy P9iicv 01995.2011 California Department of Resources Recycling and Recovery(CaiRecycle).Alt rights reserved. http;//www.calrecycle.ca.gov/HomeHazWasteMWast a/d`efault.htm 9/29/2411 Universal Waste Page l of 3 t 0..171{l )1`nia Department of O"k.-N Toxic Substances Control w UniversalWaste........................................................................................................................................... Universal Waste is a universal problem Universal wastes are hazardous wastes that are generated by a wide variety of people that contain mercury, lead, cadmium, copper and other substances hazardous to human and environmental health. In general, universal waste may not be discarded in solid waste landfills. Examples of these wastes are batteries, fluorescent: tubes, and some electronic devices. The best way to reduce the harmful effects of the wastes on human health and the environment is to reduce consumption. The next best thing is to make sure you DON'T-throw them In the trash! NEWIll Ur)dated Universal Waste Fact Sheet Information on the Mercury Thermostat Collection Act of 2008 Types of Universal Wastes and What makes them Hazardous Batteries--Includes all batteries,AAA,AA, C, D, button cell, 9-volt, and all others, both rechargeable and single use—Cadmium, Copper and (In older batteries) Mercury Cell Phones--Antimony ,Arsenic, Beryllium, Cadmium, Copper, Lead, Nickel, Zinc Computers and Computer Monitors--Arsenic, Cadmium, Lead, PCBs Electronic Devices—Lead Fluorescent Lamps—Mercury Information on the Mercury Thermostat Collection Act of 2008_ Mercury wastes like thermometers and toys—Mercury Non-empty Aerosol Cans—Propane, Butane, Pesticides Televisions--Arsenic, Cadmium, Lead, PCBs Universal Waste Page Z of 3 Information for Generators,Handlers,and Recyclers Information on proper management of Universal Wastes Certified Appliance Recyclers page Do you need an EPA ID number? File a Notification or Annual Report for UWEDs and CRTs Where to Take these Wastes? Join Oscar the Grouch's"Not in My Trash Can-paign"by keeping ` universal wastes out of the trash. Find a Take it Back Partner to properly recycle your fluorescent lights, batteries,and electronic wastes. CalRecycle's database has a list of business that collect and recycle all types of universal wastes in California eRecycie.org is specially designed for recycling electronic wastes and answering any additional questions Earth911.org lists information on all facilities that collect and recycle universal wastes and household hazardous wastes DTSC's UWED&CRT database has a list of all collectors and recyclers in California that handle electronic devices. What about Major Appliances? Major Appliances contain mercury and other ozone depleting chemicals that are dangerous for human and environmental health.These appliances include the following items. washing machine clothes dryer hot water heater dehumidifier conventional oven or microwave oven stove refrigerator or freezer air-conditioner trash compactor California Identification(ID)Numbers Page I of 4 i. C�71 rf(?f'n1a Department ent tit California Identification (ID) Numbers DTSC issues permanent California ID numbers to generators,transporters and disposal facilities not regulated by the U.S. Environmental Protection Agency(U.S. EPA)for the purpose of tracking hazardous waste. California ID numbers are site-specific and owner-specific. The ID number enables regulators to track the waste from its origin to the final disposal("cradle to grave'). An ID number identifies each handier of hazardous waste on a hazardous waste manifest and other purposes. Some activities are exempt from having an ID number. The U.S. EPA issues federal ID numbers. Click on one of the links below to go directly to a specific topic: What is an ID Number? Who Needs an ID Number? Types of ID Numbers Generating_5 or More Tons of Hazardous Waste Search for an ID Number Chancina Information on an Existing ID Number 2011 Verification Questionnaire and Manifest Fees Assessment ID Number Verification Questionnaire Forms Laws, Regulations and Policies Contact Information What is an ID Number? An ID number identifies each handier of hazardous waste. See DTSC's EPA Identification Numbers fact sheet for general information and answers to the most common questions about ID Numbers. Who Needs an ID Number? Most generators, transporters and disposal facilities need an ID number to handle, store and/or treat hazardous waste. Some businesses that generate and handle universal waste and businesses that generate less than 100kg per month of photographic waste containing silver are exempt from having an ID number. Types of ID Numbers California Permanent ID Numbers Businesses that generate waste on an ongoing basis must have a permanent ID number. To get a permanent ID number, you need to complete the required application, D-MC Form 1358, There is no fee to obtain a permanent ID number. Remember, if 5 or more tons of hazardous waste will be generated in a calendar year on your permanent ID number, generator fees may be due. Go to www.bge.ca.00v/pdf/boe400-efa.pdf California Identification(ID)Numbers Page 2 of 4 California Temporary ID Numbers Temporary ID numbers (90-day numbers) are issued to people or businesses that do not routinely generate hazardous waste. Call (800) 618-6942 to get a temporary ID number. Our hours are Monday through Friday 8:15 to 4:45, closed during the lunch hour. To get a temporary ID number after hours for a spill, call (800) 852-7550. There is no fee to obtain a temporary ID number. Remember, if 5 or more tons of hazardous waste will be generated in a calendar year on your temporary ID number, generator fees may be due. Go to www.boe.ca.aovlpdf/boe400-efa.pdf Federal (RCRA) ID Numbers Waste regulated by the federal government under the Resource Conservation and Recovery Act is known as "RCRA waste." If a business generates more than 1 kilogram of RCRA acutely hazardous waste per month or more than 100 kilograms of other RCRA waste per month, they must have a federal ID number that is issued by U.S. EPA. Remember, if 5 or more tons of hazardous waste will be generated in a calendar year on your federal ID number, generator Fees may be due. Go to www.boe.ca.gov/pdf/boe400-efa.pdf Generating 5 or More Tons of Hazardous Waste If you generate 5 or more tons of hazardous waste in a calendar year regardless of the final disposition of the waste on an type of ID number, California permanent or temporary; or federal permanent or temporary, you must contact the Board of Equalization to obtain a generator fee account number. Please contact the Board of Equalization if you have any questions regarding the requirements of registering, at http://www.boe.ca.gov/pdf`/`"boe400-efa.pd or at (916) 323- 9555 Search for an ID Number In DTSC's Hazardous Waste Tracking System (HWTS) you can look up facility and manifest information by searching by ID number, address or business name. Go to www.hwts.dtsc.ca.gov and click on Reports. Changing Information on an Existing ID Number If you move your business, have a change In ownership or simply change your mailing address, you should notify DTSC of these changes immediately by completing DTSC Form 1358. 2011 Verification Questionnaire and Manifest Fees Assessment DTSC will mail the 2011 Final Notice Verification Questionnaires (VQ) and Manifest Fees Assessments early November 2011. Dedicated telephone lines and staff will be available after the mailing to answer calls regarding the Verification Questionnaire and Fees Assessment. The phone number is (877) 454-4012 (toll-free when calling from within California) and (916) 255-4439 (local or outside California). California Identification (ID)Numbers Page 3 of 4 Please note that the telephone lines will be extremely busy for several weeks after the mailing. In order to assist you in completing these forms, DTSC has compiled answers to common questions about the forms. The Frequently Asked Questions about the Verification Questionnaire and Manifest Fees Assessment are located at httl2://www.dtsc.ca.goy/IDManifest/VQ FAQ ID Number Verification Questionnaire DTSC sends out a verification questionnaire to businesses holding permanent federal or California ID numbers. Businesses are required to respond with any updates to their business information. Failure to respond to the verification questionnaire will lead to inactivation of the ID number. An ID Number Verification Fee and Manifest Fee assessment Is included with the verification questionnaire. Fees are assessed for holders of ID Numbers. Questionnaires are mailed annually. Additional fee information is available in the Hazardous Waste Fee Summary. EPA ID Number Verification Questionnaire & EPA ID Number and Manifest Fee Assessment FAOs Hazardous Waste Fee Summary Forms DTSC Form 1358 is used for updating information on a California ID number, applying for a new California ID number, inactivating a California ID number or reactivating a California ID number. U.S. EPA Form 8700-12 is used for updating information on a federal ID number and applying for a new federal ID number. The form includes extensive instructions. Please review before printing the entire form. Laws, Regulations and Policies View the California Health and Safety Code (HSC), Division 20, Chapter 6.5, and the California Code of Regulations (CCR), Title 22, Division 4.5, Environmental Health. Sections Relating to ID Numbers: (1) Title 22, CCR 66262.12 (2) Consolidated Transporter Customers: HSC 25160.2 (3) U.S. EPA Regulations in 40 CFR Sections 261.5 and 262.12 (4) ID Verification Requirement and Fees: HSC 25205.16 (5) Manifest Fee: HSC 25205.15 Contact Information California DTSC - Generator Information Services Section Dial (916) 255-1136 if you are calling from outside California. Dial (800) 618-6942 if you are calling from within California. Dial (800) 852-7550 for ID number issuance after hours for emergency or spill. California Identification(ID)Numbers Page 4 of 4 U.S. EPA (Federal) Region 9 - San Francisco Dial (415) 495-8895 for a federal ID number. Dial (415) 947-4400 for ID number issuance after hours for emergency or spill. Conditions of Use I Privacy Policy Copyright©2007 State of California EPA ID Numbers I Pacific Southwest: Waste US EPA Page I of I http://www.epa.govkeyron9hxasterepamna.html Pacific Southwest,Region 9 Serving;Arizona,California.Hawao,Nevada,Pacific islands.Tribal Nations EPA ID Numbers On this page: How to Obtain An EPA(Federal)RCRA iD Nu • How to Obtain An EPA(Federafl RCRA ID Number mber • Do You Also Need a California State ID Number? Federal RCRA ID Numbers(EPA IDs)are issued directly by Region 9 states.For The Resource Conservation and Recovery Act(RCRA)requires individuals who generate or transport hazardous waste,or who assistance in determining if you handle a operate a facility for recycling,treating,storing,or disposing(TSD)of hazardous waste,to notify EPA or their authorized State morally regulated hazardous waste,help waste management agency of their regulated waste activities and obtain a US EPA Identification(iD)Number(also known as a in obtaining an EPA ID,or to update RCRA ID Number).Handlers of some Universal Waste,Used O6,and Bollers/industdal Fumace may require a US EPA ID Number, Information for an existing ID,please contact Me appropriate agency listed too.If you are regulated and do not comply with the RCRA notification requirements,you may be subject to civil and criminal below for the state in which your facility is penalties. located For locations To Arizona,contact The Notification of Regulated Waste Activity(99 Form f3700-121 and Arizona Department of Environmental associated instructions are designed to help you determine if you are ACRA%Cradle•tt"rave (AD£Q)Quality subject to the requirements under the Resource Conservation and Nasardoua Waste Management System Hazardous Waste,;jgli 0 Recovery Ad(RCRA)for notifying EPA or an authorized state of your 1110 Washington St 4415A-1 regulated waste activities. Phoenix.AZ 85007 (502)771.4232 A US EPA ID Number is rile-speafic(except when issued to a For locations in Callfomla,American transporter)and permanent(unless issued as a Provisional number,as Hara<dess Hazardous Hazardous Samoa.Guam,Commonwealth of discussed below).It does not move with the current owner/operator tfasts Waste Waste Northern Marianas Islands(CNMq,or should they relocate unless the owner/operator is a transporter.It is used Generation Transportation CLnposal on Tribal Lands,contact: by EPA to track hazardous wastes from the point of generation to the U.S_EPA Region 9 final disposal site,also known as the'cradle-fo-grave'cydaa Once a US RCRA Notifications(handled by EPA ID number is assigned to a specific physical location,it belongs solely to that location and will belong to any owners/operators contractor,Tetra Tech) at that location."One RCRA EPA ID for One RCRA Subtitle C Site.When a business,located at a site where a US EPA ID number 75 Hawthcme Street WST-8 San Francisco,CA 94105 exists,moves to another location(evert within the same State or town)the ID number must be inactivated at the former location and San rancisco, a new ID number requested at the new location.A new form is required when relocating or requesting a new US EPA ID number.If at the new location,a RCRA hazardous waste 10 number had previously been issued to the former owner/operator,the number for Do You Also Naed a ifomia State 1D that physical location wilt linen be assigned to the new requester.If a number had never been issued for that physical location,a Number? new number will be issued to the new requester. For locations In Hawal%contact: Hawaii Department of Health Solid and Hazardous Waste Branch Sane US EPA ID numbers are not pertnartent;they are Provisional numbers and temporary in nature.They are issued for 919 Ala Moana Boulevard,Room 212 emergency or temporary one time clean-ups_Provisional EPA ID numbers are valid for 90 days,then inactivated in the National Honolulu,HI W814 system. (808)5884226 For locattons In Nevada,contact To determine if your location already has been assigned a US EPA Hazardous Waste ID number,look In EPA's D*mfacts Nevada Division of Environmental Warehouse dalabase by the physical location first(be sure to put in the,State you want to search within). protection(NDEP) Bureau of Wage Manaoe:.ent Do You Also Need a California State iD Number? 901 S.Stewart street,Sute 4001 Carson City,NV 89701 California's Department of Toxic Substances Control Issues permanent California ID numbers to generators.transporters and (T75)687-9464 disposal facilities not regulated by the U.S.EPA for the purpose of tracking hazardous waste.These ID Numbers are issued under For emergency spills,only when state California State authority. offices are closed,please call the following number for all Region 9 For complete information,please visit DTSCs Managing Waste Web site states.The Duty Officer will route your call appropriately depending on your CA Department of Toxic Substances Control location. (800)6186942(in Cardomia) (800)300-2193 (916)255.1136(Out of State) Realon o Emercency Response Region 9 Newsroom Grants 8 Funding Media Center About Region 9 Region 9 Programs US-Mexico Border Careers A-Z Index Last updated on Thursday,December 15,2011 i Fact Sheet, November 2007 EPA Identification Numbers for Generators Regulatory Assistance Officer's Notes: The Department of Toxic Substances Control (DTSC)Regulatory Assistance Office prepared this fact sheet to provide general information about EPA Identification Numbers. Throughout the online version of this fact sheet,numbers in blue 66262.12 represent citations from the California Code of Regulations or the Cali- fornia Health and Safety Code. Clicking on the blue numbers will take you to sites containing the regulations. If you generate hazardous waste, you should consult with your Certified Unified Program Agency(CUPA). Finally,DTSC strongly en- courages all businesses that generate hazardous waste to consider waste minimiza- tion, source reduction, and pollution prevention. What is an EPA ID Number? This number, issued either by the U. S.Environmental Protection Agency(U.S.EPA ID Number), or by DTSC (California ID Number), identifies each handler of ha- zardous waste on hazardous waste manifests and other paperwork. The ID Number enables regulators to track the waste from its origin to final disposal("cradle to grave.")With the exceptions discussed later in this guidance,most hazardous waste generators must have an ID Number before a registered hazardous waste transporter will accept the waste for shipment. All hazardous waste transporters and permitted treatment, storage and disposal facilities must have ID numbers. Are State and Federal laws the same? The federal hazardous waste law(the Resource Conservation and Recovery Act,or "RCRA")allows states to enact their own hazardous waste laws,which must be at least as stringent as the federal laws.The requirements under California law are more stringent than the federal criteria. Wastes that pass the federal hazardous waste criteria but fail the California criteria are called"non-RCRA"or"California-only" hazardous wastes. Wastes containing corrosive solids,asbestos,nickel or zinc are examples of common California-only hazardous wastes.Other states may not con- sider CaIifornia-only wastes hazardous. Federal law also exempts generators of small quantities of waste from many federal waste management requirements. How many ID Numbers do I need? 2.Businesses whose ONLY hazardous waste generation is 100 kilograms or less per month of ID Numbers are site-specific and there is normal- waste that is hazardous solely because of its sil- ly only one number at a business address. If you sil- ver content("silver-only waste")do not need an have a business that generates waste at multiple ID Number. This is true even if they treat the Waste in silver-recovery units and then send the addresses that are not physically connected(con- tiguous),each address needs aseparate ID Num- silver for reclamation. See Health and Safety Code section 25143.13. Also see the DTSC Fact ber. In the case where generators are independent businesses that operate in suites Sheet, Onsite Tiered Permitting Changes in within the same building, each business must Regulation of Silver Wastes." have their own ID Number. If you are not clear as to whether you operate on one site or multiple 3.Businesses that generate and manage less than sites, contact your local environmental agency or 11,000 lbs(about 5 tons)of universal waste on- the DTSC information resources listed at the end site at any one time may need to get a Federal of this fact sheet. EPA number.For information about obtaining a Federal EPA number, call(415)495-8895. For information about Universal Waste, see DTSC's Do I need a U.S. EPA ID Number, or a "Managing Universal Waste in California". California ID Number? In summary, except for the above-mentioned ex- If you generate more than 1 kilogram of RCRA emptions, if you generate only non-RCRA ha- acutely hazardous waste per month or more than 100 kilograms of other RCRA waste per month, zardous wastes,or you generate less than 100 kilograms of RCRA hazardous waste per month you must get a U.S. EPA ID Number. If you (or Less than 1 kilogram of RCRA acutely ha- generate 100 kilograms or less of RCRA waste or one kilogram or less per month of acutely ha- zardous waste),you must get a California ID zardous waste,and meet certain other require- Number. If you generate more than 100 kilo- grams of RCRA waste per month or more than 1 ments,you are exempted by U.S.EPA from many of its regulations, including the require- kilogram of RCRA acutely hazardous waste per ment to have an EPA ID Number. These busi- month,then you must get a U.S.EPA ID Num- nesses are called "conditionally exempt small- ber. quantity generators",or CESQGs. The regulato- ry citation is 40 CFR section 261.5 I used to be exempt from ID Number requirements.What happened? However, California regulations do not have an equivalent small quantity generator exemption. The passage of Senate Bill 271 (effective January Almost all business generators of hazardous 1,2002)removed the exemption that once al- waste in California that are not required to have a lowed small generators of used oil and solvents to U.S. EPA ID Number must, in practice,have a offer waste for transport without an EPA ID California ID Number. See California Code of Number(former milkrun or modified manifest Regulations title 22, section 66262.12. Howev- procedures.) er: The Consolidated Manifesting procedure that re- 1. Generators handling only hazardous waste placed the milkrun manifesting procedure re- produced incidental to owning and maintaining quires that generators using consolidated their own place of residence do not need an ID transporters provide them with an ID Number. Number,either federal or state. ment,removing underground tanks,and remov- ing hazardous wastes that were abandoned in a How do 1 get an EPA ID Number? leased building. A California temporary number is only valid for non-RCRA(California only) Handlers of RCRA waste who need an U.S.EPA waste or when the total RCRA waste hauled is ID Number must send a"Notification ofRegu- less than 220 pounds or 27 gallons per month. fated Waste Activity", form 8700-12,to the U.S. To get a California temporary ID Number, call EPA contractor at the address given in its in- DTSC at(800)61$-6942(in-state)or(916)255- structions. You can request this form by calling 1134 (out-of-state.) U.S.EPA also issues provi- (415)495-8895, or you can download the form sionaI ID Numbers for non-routinely generated from the U.S.EPA web site. federal wastes. Temporary and provisions!ID Numbers are valid for a maximum of 90 days but can be used to haul any amount of hazardous Handlers who do not need a U.S.EPA ID but do waste that has been generated at the site before need a California ID Number can obtain it by and during that period. Holders of temporary completing and submitting the"California Ha- Numbers are not charged EPA ID verification zardous Waste Permanent ID Number Applica- fees. Lion",DTSC Form 1358,by mail, email, or fax. You can download the form from the DTSC Do 1 need to get a new ID Number if 1 website or you can request a blank form by call- ing DTSC at 800-618-6942. DTSC no longer is- move my business? sues permanent ID Numbers by telephone. Yes. If you have a California ID Number, submit Am I charged fees for the issuance of the one DTSC Form 1358 to deactivate your old ID Number? number, and another to request that a number be issued for your new location. This is also true if you are selling or buying a business; the seller There is no charge for issuing the number,but must inactivate the old number and have the new DTSC is required to collect an annual business owner submit a DTSC Form 1358 to have a new information verification fee for each permanent number issued. If you have a U.S. EPA ID ID Number. The fee is based on the number of Number, these actions are done through the use employees in the entire organization. If your of Form 8700-12, "Notification of Regulated business has fewer than 50 employees,the fee is Waste Activity". zero. There is no verification fee for a Tempo- rary ID Number. Frequently Asked Questions about the ID Number verification process and manifest fees are available on the DTSC website. I've always wondered: do the letters in front of the!D Numbers mean anything? I usually don't generate hazardous waste, Early federally—issued ID Numbers had two let- but 1 recently generated some. Can I get ters corresponding to the generator's state and a temporary EPA ID Number for this one ten digits. Current ID Numbers consist of three time event? letters followed by nine digits.The significance of those letters is as follows: DTSC issues temporary(oar"provisional') ID Numbers to people or businesses that do not rou- tinely generate hazardous waste. Examples of non-routine activities include asbestos abate- EPA ID Numbers California ID Numbers CAL State permanent number. CAR Federal permanent number currently he- CAC State provisional or emergency number. ing issued. CAH State provisional or permanent number CA Federal permanent number that preceded issued for Household Hazardous Waste the CAR prefix. ID numbers with a CA Collections. prefix are still valid,but have not been is- CAI State permanent number issued for Exot- sued since February 1995. is Pest Detection. CAD Federal permanent number that preceded CAE State provisional number issued for re- the CA prefix,or a State permanent or moval of hazardous waste caused by a provisional number issued before 1988 natural disaster. ID numbers with a CAD prefix have not CAF State permanent number issued for farm used oil. been issued since August 1993. CAS State permanent number issued for CAT Federal permanent number that preceded Emergency Response. the CAD prefix. CLU Clandestine Drug Lab cleanup. CAP Federal provisional or emergency number CAX State permanent or provisional number currently issued. issued before 1987. A CAX number is no longer a valid ID number. CA99 State permanent number issued to cruise ships. DTSC Regulatory Assistance Officers provide informal guidance regarding management of ha- zardous waste for the convenience of the public. Such advice is not binding upon DTSC, nor does it have the force of law. If you would like a for- mal opinion on a matter by DTSC,please contact the responsible program office directly. You should also refer to the statutes and regula- tions, DTSC Policies and Procedures, and other formal documents. If you cannot find the answer to your question in this fact sheet, contact your local DTSC Regula- tory Assistance Officer directly. You can reach them toll-free at 800-728-6942, or contact them through email at RAOZdtsc,ea.gov. CONTRACT AGREEMENT AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this j day of .1 ecerA her , 20q, between the City of San Bernardino (owner and hereinafter "CITY'), and Si 2rrC` Ptic_i V C cztnl ( 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 to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Bid Documents, the Special Provisions and Conditions and Provisions for Community Development Block Grant federally-funded projects, in good workmanlike and substantial manner the REPAIR, REPLACEMENT AND UPGRADE OF THE STREET LIGHTING SYSTEM AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO (INCLUDES COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ) in strict conformity with Plans and Special Provisions No. 13019 , 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. 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 account of race, color, creed, religion, sex, marital status, national origin, 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. AGREEMENT: REPLACEMENT OF EXISTING HPS STREET LIGHT FIXTURES WITH LED FIXTURES AT VARIOUS LOCATIONS IN THE CITY OF SAN BERNARDINO 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 present have hereunto set their hands the year and date first above written. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: r ( Pa- C IQC. BY: G . LEN PARKER,City Manager 1 City of San Bernardino BY.• TITLE: "\I ,j Ce r-5-S . 24 r ATTEST: MAILING ADDRESS: Sierra pacific GEOR6tANN HANNA, City Clerk Electrical ontracting 2542 Avalon Street Riverside, CA 92509-2057 1 LL FAX 951 784-4489 PHONE NO.:(_) APPROVED AS TO FORM: /6�1� 0'� Z— GARY D. SAENZ, City Attorney NOTE: Secretary of the Owner should attest. If Contractor is a corporation,Secretary should attest. Bond Number: 58707948 Premium: $1, 092 . 00 �IAIA Document A312 TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Sierra Pacific Electrical Contracting, Inc. of business) 2542 Avalon Street Western Surety Company Riverside, CA 92509 2020 Main Street, Ste. #750 This document has important legal Irvine, CA 92614 consequences.Consultation with an attorney is encouraged with OWNER: respect to Its completion or (Name, legal status and address) modification. City of San Bernardino Any singular reference to 300 North "D" Street San Bernardino, CA 92418-001 Contractor.Surety,Owner or other party shall be considered plural where applicable. CONSTRUCTION CONTRACT ALA Document A312-2010 Date: December 11, 2014 combines two separate bonds,a Performance Bond and a Amount: $151,710.00 Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (.'Name and location) Contract Number: 13019 Street Light HPS Replacement with LED at Various Locations. Street Light Fixture Upgrade. BOND Date: December 15, 2014 (Not earlier than Construction Contract Date) Amount:One Hundred Fifty One Thousand Seven Hundred Ten and 00/100 Dollars Modifications to this Bond: 91 None ❑See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Car or. a Sierra Pacific Elect'l Contracting, Inc. Western r Comps Signature: IY7 _ Signature: Name ' I tjcc SPiry--� Name ames W. Johnson and Title: SCcrc�'��'�( and Title• Attorney-in-fac (Any additional signatures appear on the last page of is Performance Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Edgewood Partners Insurance Center (Architect, Engineer or other party:) 19000 MacArthur Blvd. , PH Floor Irvine, CA 92612 Init. AIA Document A312°"-2010.The American Institute of Architects. 081110 � I §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. tnit AIA Document Aa12T —MO.The American Institute of Architects. 2 1 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor, §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §141 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14,2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract, §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Intt. AIA Document A312TM—2010.The American Institute of Architects. 3 §16 Modifications to this bond are as follows: NONE (Space is provided below for additional signatures of added parties, oIan se appearing on the co p ) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company r to Seal) Sierra Pacific Electrical Contracting, Inc. Westerompany Signature: SignatureName and Title: C��if �G` 5P�^` ��'�� 1 Name anes w. John n, Attorn -in-fact Address 2542 Avalon Street Address 00 MacArt r Blvd. , PH Floor Riverside, CA 92509 ine, CA 92612 :rss isr 4�c�?.t`�n nri�{i,ri+i as:surit,,hest. mango%nits not tats ol:scvroet. [nit. AIA Document A312*"-2010.The American Institute of Architects. Q 1 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James W Johnson, D Richard Stinson, Scott Gaddy, Jeff Parkhurst, Lisa M Lucas, Susan J Sampson, Anthony J D'Asaro, William Phillips Jr, David Alvarado, Teri L Koehler, Jessica L Nowlin, Shaina E Glischinski,Tanya Chinchilla, Individually of San Francisco,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 28th day of May,2014. E WESTERN SURETY COMPANY sN?4gP0 ggr;v t A�!;%ag aul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 28th day of May,2014,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires +""""".MOHR + J.MOHR {$ June 23,2015 I SE"c souTHYDnKOTA gR { +.,.M.r.....+...�....,.....wa+,.i O_A� J.Mohr,Notary Public CERTIFICATE I, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 15th day of December 2014 �`PETr � .• :� WESTERN SURETY COMPANY �rQ•ot,POpq�;0io t = 8�•4S�pub: tk 6.A . L.Nelson,Assistant Secretary Form F4280-7-2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMtNT State of California County of Orange On December 15, 2014 before me, Hannah S. Peter,Notary Public NAME personally appeared James W. Johnson NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/s� executed the same in his/herftheir authorized capacity(W}, and that by his/herlfheir- signature(o on the instrument the person(-a), or the entity upon behalf of which the person(} HANNAH S. PETER acted, executed the instrument. Commission # 1990503 Notary Public-California D A notary public or other officer completing this certificate z � Orange County verifies only the identity of the individual who signed the My Comm. Expires Sep 7,2016 document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A (SIGNATURE OF NOTAR OPTIONAL Tho the data below is not required by law,it may prove valuable to persons relying on the document and could prevent dulent reattachment of this form. CAPACITY C MED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUA CORPORATE OF ER TITLE OR TYPE OF DOCUMENT TITLE(S) ----------------------------------- El PARTNER(S) F-1 LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR El OTHER DATE O OCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) --------------------------------------- SIGNER OTHER THAN NAMED ABOVE,,,, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On December 15, 2014 before me, Hannah S. Peter,Notary Public NAME personally appeared James W. Johnson NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/fie executed the same in his/her/their authorized capacity(ico, and that by his�>= signature( on the instrument the person(s}, or the entity upon behalf of which the person(} HANNAH S. PETER acted, executed the instrument. Commission # 1990503 Notary Public-California z Orange County D A notary public or other officer completing this certificate My Comm. Expires Sep 7, tots J verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SI NATURE OF NOT ) OPTIONAL Tho the data below is not required by law,it may prove valuable to persons relying on the document and could prevent dulent reattachment of this form. CAPACITY C MED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUA ❑ CORPORATE OF ER TITLE OR TYPE OF DOCUMENT TITLE(S) ----------------------------------- El PARTNER(S) F-1 LIMITED F GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE 0 OCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---------------------------------------- SIGNER OTHER THAN NAMED ABO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Riverside On December 17, 2014 before me, Jerrett Loop, Notary Public Date Here Insert Name and Title of the Officer personally appeared Patience Spina Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/eFe subscribed to the within instrument and acknowledged to me that -4e/she/4iey executed the same in J RRETT DAVI LOOP -hie/her/+I;ie# authorized capacity(ie*, and that by C Commission*2031046 4iie/her/#i4e� signature(* on the instrument the .� Notary Public -California person(&}, or the entity upon behalf of which the Riverside County person(s) acted, executed the instrument. MY Comm.Ex ires Jun 25,2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a d o ial seal. Place Notary Seal Above Signature: ISignakure of Notary 1111blic OPTIONAL ugh this section is optional, completing this information can deter alteration of the document fraudulent reattachment of this form to an unintended document. Description of shed Document Title or Type of Docum Document _ Number of Pages: Sig s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: igner's Name: Corporate Officer—Title(s): rporate Officer—Title(s): Partner— .J Limited - General Partn — Limited General Individual Attorney in Individual Attorney in Fact Guardian Guardi or Conservator ?Trustee � �?Guardian or Conservator '_ Other: Other: Signer Is resenting: Signer Is Representing: 2013 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 State of California U Count Riverside � On December 17. 2O14 before me, ]< It Loop, Notary Public . Date Here Insert Name and Title of the Officer �o@�'2��B ��D'O2 personally appeared Patience Spina Name(s) o/3igmar(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose nonneks) ia/ep& subscribed to the within instrument and acknowledged JERAETT DAVID LOOP to nna that -i*�shn/+H*y executed the same in Commission#2031046 -hie/henAheir authorized oapao|tvA**, and that by Notary Public-California 4+9/herAh«ir signature(* on the instrument the Riverside County IoMiComm.lgir Jun25.W person4 or the entity upon behalf of which the penaonH acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand do j Place Notary Seal Above Signature: OPTIONAL Signature of Notary PuVic ugh this section is optional, completing this information can deter alteration of the document fraudulent reattachment of this form to an unintended document. Description of hed Document Title or Type of Docum - Document Number of Pages: Sig s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: igner's Name: Corporate Officer—Title(s): rporate Officer—Title(s): I General L..' Part — �_' Llmited General Individual Individual Attorney in F Attorney in Fact I rustee Guardian or Conservator Trustee Guardi or Conservator L-s Other: Other: signer Is resenting: Signer Is Representing: 0 2013 National Notary Association *www.NationalNotary.org * 1-800-US NOTARY(1-800-876-6827) Item #5907 Bond Number: 58707948 Premium: Included vAIA Document A312T"" - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Sierra Pacific Electrical Contracting, Inc. ofhusiness) 2542 Avalon Street Western Surety Company This document has important legal Riverside, CA 92509 2020 Main Street, Ste. #750 consequences.Consultation with Irvine, CA 92 614 an attorney is encouraged with OWNER: respect to its completion or ('Name, legal status and address) modification. City of San Bernardino Any singular reference to 300 North „D„ Street Contractor,Surety,Owner or San Bernardino, CA 92418-001 ocher party shall be considered plural where applicable. CONSTRUCTION CONTRACT AIA Document A312-2010 Date: December 11, 2014 combines two separate bonds,a Performance Bond and a Amount: $151,710.00 Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) Contract Number: 13019 Street Light HPS Replacement with LED at Various Locations. Street Light Fixture Upgrade. BOND Date: December 15, 2014 (Not earlier than Construction Contract Date) Amount: One Hundred Fifty One Thousand Seven Hundred Ten and 00/100 Dollars Modifications to this Bond: ER None ❑ See Section IS CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Co Se l) Sierra Pacific Electrical Contracting, Inc. Western rety Comp Signature: Signature: Name ��� �pii Name mes W. Johnso and Title: Sgcr��t•ry and Titl Attorney-in-fact (Any additional signatures appear on the last page of is Payment Bond) (FOR INFORMATION ONLY---Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Edgewood Partners Insurance Center (Architect, Engineer or other party.) 19000 MacArthur Blvd. , PH Floor Irvine, CA 92612 AIA Document A31210-2010.The American Institute of Architects. 06111° Init. 5 I §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends, indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.if,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. 1nit. AIA Document A312T°—2010.The American Institute of Architects. 6 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5,2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.if the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §161 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Ink. AIA Document A312m—2010.The American institute of Architects. 7 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than th se appearing on the co v pa .) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: rp r to Seal) Sierra Pacific Electrical Contracting, Inc. Western ur Company Signature: Signature: Name and Title: Ct�+,� � 'r' �ec-c � Name and T' e: James W. John n, Attorney-in-fact Address 2542 Avalon Street Address 19000 MacArthur Blvd. , PH Floor Riverside, CA 92509 Irvine, CA 92612 CAUTION.,Ycpt should sign at,0ri2ir,ai AIA Gontra c:t Document,on which ?fs text cjpix ars in l?eL.An original assures ttta, ctiart+ges tvEij riot ue ohsctisted. Init. AIA Document A31211—2010.The American Institute of Architects. 1 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James W Johnson, D Richard Stinson, Scott Gaddy, Jeff Parkhurst, Lisa M Lucas, Susan J Sampson, Anthony J D'Asaro, William Phillips Jr, David Alvarado, Teri L Koehler, Jessica L Nowlin, Shaina E Glischinski,Tanya Chinchilla, Individually of San Francisco,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 28th day of May,2014. N„.. WESTERN SURETY COMPANY .�".'e.iIETYc �odj0 PO1r:0' =W1 = f A%'v PPaul T.Bruflat,Vice President State of South Dakota I ss County of Minnehaha On this 28th day of May,2014,before me personally came Paul T.Bnrflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires +mow J.MOHR June 23,2015 j SEAL NOTARY PUBLIC sEA� SOUTH DAKOTA. C +cµ�Y+MNtiMMhtitiMM+h+ y_./J/J^(/AYJ J.Mohr,Notary Public CERTIFICATE I, L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 15 th day of December 2014 ETYC WESTERN SURETY COMPANY r P0q k; c t L.Nelson,Assistant Secretary Form F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL-PURPOSE"ACKNOWLEDGMENT, ' State of California County of Orange On December 15, 2014 before me, Hannah S. Peter,Notary Public NAME personally appeared James W. Johnson NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person(s) whose nameH is/are subscribed to the within instrument and acknowledged to me that he/may' executed the same in hisAier/their authorized capacity(WO, and that by his/her4� signature( on the instrument the person(s), or the entity upon behalf of which the person(-S} HANNAH S.PETER acted, executed the instrument. Commission# 1990503 a: o Notary Public-California Z A notary public or other officer completing this certificate Z Orange County D verifies only the identity of the individual who signed the My Comm. Expires Sep 7, 2016 document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A(SIGNATURE OF OPTIONAL Tho the data below is not required by law,it may prove valuable to persons relying on the document and could prevent dulent reattachment of this form. CAPACITY C MED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUA ❑ CORPORATE OF ER TITLE OR TYPE OF DOCUMENT TITLE(S) ----------------------------------- F-] PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) F GUARDIAN/CONSERVATOR F] OTHER DATE O OCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) --------------------------------------- SIGNER OTHER THAN NAMED ABOVE"" CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT State of California County of Orange On December 15, 2014 before me, Hannah S. Peter,Notary Public NAME personally appeared James W. Johnson NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/ar-subscribed to the within instrument and acknowledged to me that he/°h executed the same in his)%er/their authorized capacity(i}, and that by his/her4� signature( on the instrument the person(4), or the entity upon behalf of which the person(-S} HANNAH S. PETER t acted, executed the instrument. Commission# 1990503 a(OlAy Notary Public -California > A notary public or other officer completing this certificate Z Orange County Comm. Expires Sep 7,201s verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (S(GNATURE OF Y) OPTIONAL Tho the data below is not required by law,it may prove valuable to persons relying on the document and could prevent dulent reattachment of this form. CAPACITY C MED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUA CORPORATE OF ER TITLE OR TYPE OF DOCUMENT TITLE(S) ----------------------------------- F—] PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE O OCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ------------------------------ ---- - SIGNER OTHER THAN NAMED ABO ^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Riverside N On December 17' 2O14 before me, J( 4t Loop, Notary PUb|'O . Date Here Insert Name and Title of the Officer �oB�'6�DC6� !�D'O�3 personally appeared Patience Spina Na/ne(s) o/Sime/(s) who proved to me on the basis of satisfactory evidence to be the penaon(&) vvhoea nonne�4 is/epe subscribed to the within instrument and acknowledged JERRETT DAVID LOOP to nno that 4ie/ h executed the same in #2031046 4�ie/henAhejf authorized oapao|ty0eeA, and that by No,,,, Pullic ,California Z 4+is/har/+i-+� signature* on the instrument the Riverside County penaon(4, or the entity upon behalf of which the My Comm.Expires Jun 25,2017 1 paraonH acted, executed the instrument. I certify under PENALTY DF PERJURY under the laws of the State of California that the foregoing paragraph io true and correct. WITNESS my ha al seal Place Notary Seal Above Signature: OPTIONAL Z Signature of Notary Py6lic gugh this section is optional, completing this information can deter alteration of the document o fraudulent reattachment of this form to an unintended document 7Description of hed Document vD Title or Type of Docum Document Number of Pages: — Sig s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ianer's Name: Corporate Officer—Title(s): rporate Officer—Title(s): Limited Partn DI-imited General y u Attorney in Fact Individual Attorney in 'Trustee G d' or Conservator Trustee Guardian or Conservator 71 Other: Other: Sig enting: Signer Is Representing: 02O13 National Notary Association ,wvmw.Nati0na|Ncdary.org * 1-8UO'US NOTARY(1'80O'87G'G827) hem#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Riverside On December 17, 2014 before me, JE It Loop, Notary Public Date Here Insert Name and Title of the Officer personally appeared Patience Spina Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/eFe subscribed to the within instrument and acknowledged to me that -{ she/grey executed the same in JERRETT DAVID L0 -iis/herb authorized capacity{tesj, and that by Commission#2031046 449/herAheir signature(} on the instrument the i Notary Public-California person(4, or the entity upon behalf of which the Riverside County erson M Comm.Ez fires Jun 25,2017 p H acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand n i � I seal. Place Notary Seal Above Signature: Signature of Nota Public OPTIONAL ugh this section is optional, completing this information can deter alteration of the document fraudulent reattachment of this form to an unintended document. Description of ched Document Title or Type of Docum Document Number of Pages: Sig s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: igner's Name: Corporate Officer—Title(s): rporate Officer—Title(s): Partner— D Limited General :.-j Partn — Limited General Individual Attorney in �'Individual Attorney in Fact Trusteed Guardi or Conservator -'Trustee �'Guardian or Conservator __. E_.'Other: Other: Signer Is resenting: Signer Is Representing: O 2013 National Notary Association • www.Nationa[Notary.org• 1-800-US NOTARY(1-800-876-6827) Item #5907 q�„`,) ( DATE IF.FAIDDIYYYY) A l� !I. f�l: l I II"I ; I'I OF 1. 111:-.1 Ili IIII �JIII�C:, 12/78/7.014 THIS CERTIFICATE: IS ISSUED AS A MATTER OF INFORMA'T'ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE=D REPRESEN'T'ATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be-endorsed. If SUBROGATION IS WAIVED,subject to j Ilia terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Ed ewood Partners Insurance Center(EPIC} NAME: 19000 MacArthur Blvd. PH Floor PHONE ■t; 349 283-4606 ac 14o): 349 263-0906 Irvine, CA 92612 E-MAIL ADDRESS: INSURERfSI AFFORDING COVERAGE NAIC N w"vw.edgewood ins.com INSURERA: Lexington Ins.Co. 19437 INSURED INSURER B: Golden Eagle Ins.Corp. 10836 Sierra Pacific Electrical Contracting INSURERC: RSUI Indemnity Company 22314 2542 Avalon Street Riverside CA 92509 1NSURERD: State Compensation Insurance Fund 35076 INSURERE: Peerless Ins.Co. 24198 INSURER F COVERAGES CERTIFICATE NUMBER: 22821196 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIISR TYPE OF INSURANCE AD POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A ✓ COMMERCIAL GENERAL.LIABILITY ✓ ✓ 023462673 6/30/2014 6/30/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR 5,000,000 Per p EI.} ES EaEoccurrence $ 50,000 Project Agg/Limit ✓ Wrap Exclusion Contractual Liability MED EXP(Any one person) $ Excluded ✓ $5,000 Deduct. Included PERSONAL&AOVINJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 JECT POLICY a PRO- LOO PRODUCTS-COR1PlOPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY ✓ BA8161433 6/30/2014 6/30/2015 Co'BB'NEDSINGLE LIMIT $ 1,000 000 ✓ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ HON-OWN ED Per accident HIREDAUTOS ✓ AUTOS $ C UMBRELLA LIAR H OCCUR NHA235863 6/30/2014 6/30/2015 EACH OCCURRENCE $ 2,000,000 ✓ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I I RETENTIONS $ D WORKERS COMPENSATION 9083130-15 1/1/2015 1/1/2016 PER TE ER OTFI AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERrFXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICERRdEMBFREXCLUDED? N/A (MandatoryInNH) E.LDISEASE-EAEMPLOYE $ 1,000,000 11 yes desenbe under DESCRIPTION OF OPERATIONS be'ow E.L.DISEASE_POLICY LIMIT $ 1,000,000 E Business Personal Property CBP8917155 6/30/2014 6/30/2015 $267,000 Limit$1,000 deductible Special Form-Replacement Cost Leased/Rented Equip $90,000 Llmit$1,000 deductible DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Certificate holder Is additional insured for general liability as required by written contract with the named insured prior to an occurrence as perform 11-85 subject to all policy terms& conditions. GL Waiver of Subro LEXD00O21 &Pro]Agg LX9695&Primary Wording LX98380805 will apply if required by written contract. Work Comp Waiver of Subro Included per form 10217 &auto liability add'I ins GECA 701 apply if required by written contract. CERTIFICATE HOLDER CANCELLATION City of San Bernardino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN (See Attached Addendum) ACCORDANCE WITH THE POLICY PROVISIONS. 300 North"D”Street San Bernardino CA 92418 AUTHORIZED REPRESENTATIVE Susan J.Sampson ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 7ERT VO.: 22821196 Lupe Ortiz 12/26/2014 8:24:02 AM (PST) Page 1 of 10 AGENCY CUSTOMER 11): LOC 11: AC-CAR ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Sierra Pacific Electrical Contracting Edge wood Partners Insurance Center(EPIC) fi2642 Avalon Street POLICY NUMBER Riverside CA 92509 CARRIER EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(01/14) CERTIFICATE HOLDER: City of San Bernardino(See Attached Addendum) ADDRESS. 300 North"D"Street Son Bernardino CA 92418 ADDITIONAL INSURED: The City of San Bernardino and their officers, employees, and agents are additional insureds thereunder with respect to operations for which city has issued a permit or authorization. ACORD 101(2008101) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM -ERT NO.: 22821196 Lupe Ortiz 12/26/2014 8:24:02 A14 (PST) Page 2 of 10 '12/26/2014 F NDOfit SI ME NT This endorsement, effective 12:01 AM 6/30/2014 Forms a part of policy no.: 023462673 Issued to: Sierra Pacific Electrical Contracting By: Lexington Ins. Co. AGGREGATE LIMITS OF INSURANCE - PER PROJECT AMENDMENT AND OVERALL GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the policy: Subject to the Overall General Aggregate Limit stated in Item 3 of the Declarations, the General Aggregate Limit under LIMITS OF INSURANCE (Section 111) applies separately to each of your "projects" away from premises owned by or rented to you. It is further understood and agreed that the following changes are made to the policy: (1) Item 3, Limits of Insurance in the Declarations is amended by the addition thereto of the following Limit: Overall General Aggregate Limit - $ 5,000,000 (2) SECTION III- LIMITS OF INSURANCE is amended by the addition thereto of the following paragraph under paragraph 6. 7. The Overall General Aggregate Limit is the most we will pay under Coverages A and B for the sum of all Limits of Insurance as provided in this SECTION III regardless of the number of your "projects"; except for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". For the purpose of this endorsement, "project" means the work for which the Named Insured is responsible according to a contract between the Named Insured as the contractor or sub-contractor, and an owner, developer or general or sub-contractor. All other terms and conditions remain unchanged. i� Authorized Representat ve OR Countersignature (in states where applicable) -s�)(968540204) Lupe Ortiz 12/2612014 8:24:02 Ali (PSG) Page 3 of 10 Sion-- a Pacific L_lectrical Contracting 13A£3161433 12126/2014 COMMERCIAL AUTO O C-301-0 ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARL FUt,LY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II—LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization,other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form,if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture,and overwhich you maintain ownership of a majority interest.However,coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered"auto"you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered"auto"by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an"insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The"bodily injury"or"property damage" is caused by an"accident"which takes place after: (a) You executed the"insured contract"or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments Subparagraphs(2)and(4)are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident"we cover.We do not have to furnish these bonds. (4) All reasonable expenses incurred by the'Insured"at our request,including actual loss of earning up to$500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices,Inc.with its permission GECA 701 (09104) Page 1 of 3 'El T UO.: 22821196 Lupe Ortiz 12/26/2014 8:24:02 A:4 (PST) Page 4 of 10 sr:c;'rm III PHYSICAL DAMAGE COVE RM31: A. COVERAGE The following is added: 5. Faired Auto Physical Damage a. Any"auto"you lease, hire, rent or borrow from sorneone other than your employees or partners or members of their household is a covered"auto"for each of your physical damage coverages. b. The most we will pay for"loss"in any one"accident" is the smallest of. (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the"loss'; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the"accident",we will also pay up to$500 per"accident"for the actual loss of use to the owner of the covered"auto". c. Our obligation to pay for,repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss"caused by fire or lightning. d. For this coverage,the insurance provided is primary for any covered"auto"you hire without a driver and excess over any other collectible insurance for any covered"auto"that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to$75 per day for up to 30 days,for rental reimbursement expenses incurred by you for the rental of an "auto" because of"loss" to a covered"auto". Rental Reimbursement will be based on the rental of a comparable vehicle,which in many cases may be substantially less than$75 per day,and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered"auto". If`loss"results from the total theft of a covered"auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 8. Lease Gap Coverage If a long-term leased"auto'is a covered"auto"and the lessor is named as an Additional Insured—Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the"auto"at the time of the loss and the"outstanding balance"of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes;overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges;and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for"loss"caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for"loss"to any of the following: a. Tapes, records,disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Includes copyrighted material of Insurance Services Offices,Inc.with its permission GECA 701 (09104) Page 2 of 3 2ERT 210_: 22821146 LUpe Ortiz 12/26/2014 8:24:02 Ali (PST) Page 5 of 10 b. f._quipment designed or used forth(!detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered"auto"at the time of the"loss"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system, in or upon the covered"auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered"auto"or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in(1) above and permanently installed in the opening of the dash or console of the covered"auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV.—BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident,Claim, Suit, or Loss a. You must promptly notify us.Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim,"suit", or loss, by other employee(s)does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How,when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A.1.Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered"auto" pursuant to the provisions of the"insured contract",written agreement, or permit. B. GENERAL CONDITIONS 9.is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However,we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Includes copyrighted material of Insurance Services Offices,Inc.with its permission GECA 701 (09104) Page 3 of 3 `ERT NO.: 22821196 Lupe Ortiz 12/26/2014 8:21:02 AM (PST) Page 6 of 10 12/26/2014 1._ND0R8FMt'_'NT V. This endorsement, effective 12:01 AM: Forms a part of policy no.: 023462673 Issued to: Sierra Pacific Electrical Contracting By: LEXINGTON INSURANCE COMPANY PRIMARY/NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance maintained by the Additional Insured shall be non-contributing. All other terms and conditions of the policy remain the same. LX 9838 ED 08105 Authorized Representative OR Countersignature(In states where applicable) =ERT 1:0.s 22821146 Lupe Oz Cie 12/26/2013 8:24:D2 All (PST) Page 7 of 10 12/26/2014 ENDORSEMt.NT O 013 This endorsement, effoctivo 12:01 AM 06/30/2014 s i Forms a part of policy no.: 023462673 Issuedto: SIERRA PACIFIC ELECTRICAL CONTRACTING gy: LEXINGTON INSURANCE COMPANY WAIVER OF SUBROGATION (BLANKET) It is agreed that we, in the event of a payment under this policy,waive our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of a written contractual agreement entered into prior to the"occurrence"or offense. All other terms and conditions remain unchanged. LExoocoz1 LX0404 Authorized Representative OR Countersignature (In states where applicable) -ERT NO.: 22821196 Laps Ortiz 12126/2014 8024:02 AM (PST) Page 8 of 10 €N 13 0 fl S 11 lA F N AGII 4 id`l1;:M i• 12/26/2014 WA,f Vk,,R OF SU)3R0G.WA!:f0N R1.71p 02 I3TAMOT BABI S 9093130-14 NEW SP HOME OFFICE: 3-24-59-20 SAN FRANCISCO EFFECTIVE JANUARY 1, 2014 AT 12.01 A.M. PAGE I OF I 1 ALLEFFECTIVE DATESARE AND EXPIRING JANUARY 1, 2015 All 12.01 A.M. AT 1201 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME SIERRA PACIFIC ELECTRICAL CONTRA 2542 AVALON STREET RIVERSIDE, CA 92509 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2,U;.' OF THE TOTAL POLICY PREMIUM. SCHEDULE EEMON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION 13LANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN T141S POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TEAMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JANUARY 8, 20144 AUTHQRIZEO REPRESENTA IVE PRESIDENT AND CEO 2372 SCIF FORM W217 (REV.1.2012) OLD Dp 217 .ERT GO.; 22821196 LUpe Ortiz 12/26/2014 8:24:02 All (PST) Page 9 of 10 I ND0l18l.