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HomeMy WebLinkAbout2015-152 BOUND AGREEMENT 1 RESOLUTION NO. 2015-152 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CAL STRIPE, INC., FOR 2- 3 WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK 4 PARKWAY AND PALM AVENUE, HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(045), EA#08-925146, PER PLAN NO. 12641 (TC 09-03). 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Cal Stripe, Inc., 2040 E. Steel Road, Colton California 92324 is the 8 lowest responsible bidder for the 2-way left turn lane on Industrial Parkway between Hallmark 9 Parkway and Palm Avenue highway safety improvement program, per Plan No. 12641 (TC 09- 10 03). 11 A contract is awarded accordingly to said bidder in a total amount of$35,287.85 with a 12 contingency amount of $3,528.15 but such contract shall be effective only upon being fully 13 executed by both parties. All other bids, therefore, are hereby rejected. The City Manager is 14 hereby authorized and directed to execute said contract on behalf of the City. A copy of the 15 16 contract is on file in the office of the City Clerk and incorporated herein by reference as though 17 fully set forth at length. 18 SECTION 2. This contract and any amendment or modifications thereto shall not take 19 effect or become operative until fully signed and executed by the parties and no party shall be 20 obligated hereunder until the time of such full execution. No oral agreements, amendments, 21 modifications or waivers are intended or authorized and shall not be implied from any act or 22 course of conduct of any party. 23 SECTION 3. The authorization to execute this contract is rescinded if the parties to the 24 contract fail to execute it within sixty(60) days of passage of this Resolution. 25 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CAL STRIPE, INC., FOR 2- 2 WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE, HIGHWAY SAFETY IMPROVEMENT 3 PROGRAM HSIPL-5033(045), EA#08-925146, PER PLAN NO. 12641 (TC 09-03). 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 20`h day of July, 2015, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ X 10 BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 NICKEL X 14 JOHNSON X 15 MULVIHILL X 16 Geor a n Hanna,NC, City Clerk 18 The foregoing resolution is hereby approved this `z �/ day of July, 15. 19 20 R. CAREY AVIS, Mayor 21 City of San Bernardino Approved as to form: 22 GARY D. SAENZ, 23 City Attorney 24 B 25 COUNCIL MEETING — 7/20/15 . . Stl.. ITEM 5N ��P RESOLUTION #2015-152 ���sPL's FILE NO. 13.7838 ACCT.NO. 242-160-5504-7838-0025 5 2015 CITY OF SAN BERNARDINO STATE OF CALIFORNIA .a BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12641 -- FOR 2-WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE (TC 09-03) .W HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(045), EA #S08-925146 .- V. �4 W� NO. 616 . OC P. J1 7 Cl .W DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO MAY, 2015 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON JUNE 9 ,2015 4;44 DESCRIPTION OF THE COMPONENTS OF THESE PLANS AND SPECIAL PROVISIONS The "BID and CONTRACT DOCUMENTS" for this project consists of four(4) parts as follows: PART I — Administration PART II — Special Provisions PART III - Federal Requirements & Appendix The above 3 parts are bound together in one (1) manual titled "BID AND CONTRACT DOCUMENTS" PART IV — PLANS, One (1) separately bound set DRAWING NO. 12641 - SHEETS 1 -4 2-WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE (TC 09-03) HIGHWAY SAFETY IMPROVEMENT PROGRAM-HSIPL-5033(045), EA #08-925146 CITY OF SAN BERNARDINO Contents of Bid and Contract Documents TABLE OF CONTENTS DESCRIPTION OF DOCUMENTS PART I ADMINISTRATION PAGE NUMBERS NOTICE INVITING SEALED BIDS . . . . . . . . . . .. .. ... . . . ... . . . . . . . . . . . . A-I BID DOCUMENTS BIDFORM .. . . . . . . . . .. .. . . . .. . . . . . . . . . . . . . . .. . .. . . . . . . ..... . . . . .. . . . B-1 BIDSCHEDULE . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ... . . . . . .. . . . . . .. . . B-2 BIDDER'S INFORMATION AND SIGNATURE . . . . . .. ... . .. .. .. .. . . . . . C-1 BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-1 SPECIAL NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. .. .. C-2 BIDDER'S LIST OF SUB-CONTRACTORS(DBE&NON-DBE)-PART I C-3 BIDDER'S LIST OF SUB-CONTRACTORS(DBE&NON-DBE)-PART II C-4 WORKERS' COMPENSATION INSURANCE CERTIFICATION C-5 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION . . . . . . . . . . . . . . . . . C-6 PUBLIC CONTRACT CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . C-7 NON-COLLUSION AFFIDAVIT . .. . . . . . .. . . . . . . .. .. . .. .. . .. . . . . . . . . . . . C-9 DEBARMENT AND SUSPENSION CERTIFICATION . . . . . . . . . . . . . . . . . . . .. . . C-10 CERTIFICATION (of foregoing questionnaire and statements) . .. . . . . . . . . . . . . . C-11 NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS) . . . . . . . C-12 FORM OF BID BOND . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-15 REFERENCES . . . . . . . . R-I Local Agency Bidder UDBE Commitment(Exhibit 15-G1).. . . .. .. . . . . . .. . . . . . D-I UDBE INFORMATION—GOOD FAITH EFFORTS (Exhibit 15-H). .. . . . . .. . .. . D-3 Local Agency Bidder DBE Information (Exhibit 15-G2). . ... . .. . .. .. . . 1 . . . . .. D-6 PART II SPECIAL PROVISIONS SECTION INSTRUCTIONS TO BIDDERS PAGE NUMBERS NUMBERS SECTION 1 SPECIFICATIONS AND PLANS ....................................... SP-1 1-1.01 GENERAL . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-1 1-1.02 DEFINITIONS .. . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . SP-1 1-1.03 STANDARD SPECIFICATIONS . . .. . . . . . . . .. . . . .. . . . . . .. . . . . . . . . . . . . . . . . SP-2 1-1.04 TAXES . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . SP-3 1-1.05 INTERPRETATION OF PLANS AND DOCUMENTS .. . . . . . . . . . . . . . . . .. . . . . . SP-3 1-1.06 PLANS AND SPECIFICATIONS TO BE PROVIDED . . . . .. . . . . .. . . . . . . .. . . . . SP-4 1-1.07 ADDENDA OR BULLETINS ... . . . . . . . . . . . SP-4 SECTION 2 BID REQUIREMENTS AND CONDITIONS SP-5 2-1.01 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . I . . . . SP-5 2-1.02 FEDERAL LOBBYING RESTRICTIONS . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . SP-6 2-1.03 DISADVANTAGED BUSINESS ENTERPRISES(DBE) . . . . . . . . .. . . . .. . . . . . . . SP-7 2-1.04 DBEIUDBE PARTICIPATION LEVEL . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . SP-8 2-1.05 SUBMISSION OF UDBE AND GOOD FAITH INFORMATION . . . . . . . . . . . . . . . SP-9 2-1.06 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS . . . . . . . . . . . . . . . . . SP-11 2-1.07 DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION CONTRACT SP-11 2-1.08 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS . . . . . . . . . SP-12 2-1.09 REQUIRED INSPECTION OF THE SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . SP-12 2-1.10 WITHDRAWAL OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . SP-13 2-1.11 IRREGULAR BIDS . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . .. .. . . . . . .. . . . .. . . SP-13 SECTION 3 AWARD AND EXECUTION OF CONTRACT ............................ SP-14 3-1.01 GENERAL . . . . . .. . .. .. . . . . . . . . . . .. . . . . . . . . . . . . . . .. .. . . . .. . . . . . . . .. . . . SP-14 3-1.02 CONTRACT BONDS . . . ... . . . . . . . . . . . . . . . . .. . .. . . .. .. . . . .. .. . . . . I -- , . . SP-14 3-1.03 DISQUALIFICATION OF BIDDERS .. . . . . . . . . . . . . . . . .. . . . . . . . . .. . . .. . . . . SP-14 3-1.04 AWARD OF CONTRACT . . .. . . . . . . . . . . . . . . .. . .. .. . . .. . . . . . . . . . . . . . . .. . SP-15' 3-1.05 SUBMISSION OF DBE FOLLOWING AWARD SP-15 SECTION 4 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK,TIME OF COMPLETION AND LIQUIDATION DAMAGES ..................... SP-16 4-1.01 GENERAL SP-16 . . . .. .. . . . . . . . .. . . .. .. . . . .. . . .... . . . . . . 4-1.02 PRE-CONSTRUCTION MEETING SP-16 . . . . . . . . . . . . . . . . .. . . .. . . . . . . .. . . . .. ... . 4-1.03 NOTICE TO PROCEED . . .. . SP-16 4-1.04 WORKING DAYS . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . ... . . . . . . .. . . . SP-16 4-1.05 LIQUIDATED DAMAGES . . . . . . .... . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . SP-16 4-1.06 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS . . . . . SP-17 4-1.07 INSPECTION .. . . . . . . . . . .. . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-17 4-1.08 PERMITS AND LICENSES . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-18 SECTION 5 LEGAL REQUIREMENTS ... .......... SP-19 5-1.01 LABOR NONDISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . SP19 5-1.02 RESPONSIBILITY FOR DAMAGE . . . . . . . . . . . . . . SP-19 5-1.03 DIFFERING SITE CONDITIONS . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . SP-19 5-1.04 SUSPENSION OF WORK . . . . . . .. . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . SP-20 5-1.05 PUBLIC SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-21 5-1.06 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES . . . . . .. . . . . . . . SP-22 5-1.07 SUBCONTRACTING AND DBE RECORDS . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . SP-23 5-1.08 DBE CERTIFICATION STATUS CHANGE . . . . . . . . . . . . . . . . . . . . . . . . . SP-24 5-1.09 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS SP-24 5-1.10 SUBCONTRACTING . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . SP-25 5-1.11 EMPLOYMENT OF APPRENTICES .. . . . . . . . . . . . . . . . . . . .. ... . . . . . . .. . . . SP-26 5-1.12 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS . . .. .. . . ... .. .. ... SP-27 5-1.13 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS . .. . . . . SP-27 5-1.14 PROMPT PAYMENT OF WITHHELD FUNDS SP-28 5-1.15 INSURANCE REQUIREMENTS . .. .. . . . . . . . . . . . . . . . . . . . . . ... .. .. . .... . . SP-28 5-1.16 LIABILITY INSURANCE .. . . . .. . . .. . . . . . . . . . . .. . . . . . . . .. . . . ... .. . .. . . .. SP-29 5-1.17 WORKERS'COMPENSATION INSURANCE .. . . . . . .. . . . .. . . . .. .. .... .. . . . SP-30 5-1.18 PAYMENT OF PREVAILING WAGE RATE SP-30 5-1.19 PAYROLL RECORDS . .. . . .. . .. . . .. . .. .. .. . . . . . . . . . . . . . . .. .. .. . . . ... . . SP-30 5-1.20 CONTRACTOR'S LIABILITY . . ..... .. . .. . . .. . . ... . . . . . . .. .. . . .. . . . .. . .. SP-31 5-1.21 ATTORNEY'S FEES AND ARBITRATION . . . .. . . ... . ... . . .. ... . . . . .. . . . .. SP-32 5-1.22 CITY BUSINESS REGISTRATION CERTIFICATE SP-32 SAMPLE INSURANCE FORM . . . . . . . .. . .. . . ... .. . . . . . .. .. . . . . . . .. . . .... SP-33 SAMPLE INSURANCE FORM . . . . . . . .. . . . . . ... . . . . . . . . . . . .. . . . . . .. .. . . . SP-34 SECTION 6 GENERAL .............. ................ ............................ SP-35 6-1.01 INCREASED OR DECREASED QUANTITIES . . . . . . . . . . . .. . . . . . . . . . . . . . . . . SP-35 6-1.02 SOUND CONTROL REQUIREMENTS . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . SP-35 6-1.03 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM(NPDES) REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . SP-36 6-1.04 PERMITS AND LICENSE . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-40 6-1.05 EXTRA WORK AND MARKUP . . . . . . . . . . . . . . . . . . . . • • . . . - . . • • , • . . • , . . SP-40 6-1.06 HOLIDAYS,WORKING DAYS AND HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . SP-41 6-1.07 PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . SP-42 6-1.08 PROJECT APPEARANCE . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . .. . . . SP-42 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL .. . . _ . . . . . SP-42 6-1.10 SURVEYING SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-42 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-43 6-1.12 PROJECT ERRORS,OMISSIONS,INCONSISTENCIES AND/OR DISCREPANCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-43 6-1.13 EMERGENCY INFORMATION . , . . . . . . . . . . SP-44 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS SP-44 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY . . SP-44 6-1.16 SAFETY SUPERVISOR AND MEETINGS . . . . . . . .. .. . . . . .. .• . • •• . .. ... . .. SP-44 6-1.17 MEETINGS . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . .. . . .. . . . . . . . . . . . . . . .. . . . SP-45 6-1.18 PAYMENT .. . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . .. . . . . SP-45 SECTION 7 UTILITIES .......................................................... SP-46 7-1.01 GENERAL . . . . . . .. . . . . . . . . . . . . . . .. .. . . . . . . . . . . .. . . . .. .. . .. . . . . . . .. . .. SP-46 7-1.02 CONTRACTOR'S RESPONSIBILITY . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . SP-49 7-1.03 COOPERATION AND COLLATERAL WORK .. . . . . . . . . . . . . . . . . . . .. . .. . . . . SP-49 7-1.04 UTILXIIESNOTIFICATION .. ... . . . . . . . . . . . . . . . . . . . . . .. .. . . .. ... . . . . .. . SP49 7-1.05 UTILITIES INTFRFERENCE . . . .. . .. .. . . .. . . . .. . . ... .. ... . ... .. . . . . . . .. . SP-50 7-1.06 PAYMENT . . .. .. . .. . . . . . . . . . ... . . . . . . .. . . . . . . .. .. . . .... .. ... .. . . .. . . . SP-50 SECTION 8 DESCRIPTION OF WORK ............ ....... .. ...................•,,. SP-51 8-1.01 DESCRIPTION .. . . .. . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . .. .. . . . . . . . . . . . . SP-51 8-1.02 ORDER OF WORK . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . .. .. .. . . . . . . . . . . . . . . SP-51 8-1.03 WORK SITE MAINTENANCE .. . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . SP-51 8-1.04 PROJECT LOCATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. SP-52 8-1.05 PRE-BID INQUIRES . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. .. . . . .. . . .. . . . . . SP-52 SECTION 8-2 MATERIALS-MISCELLANEOUS , ...., ..,...•......................•. SP-53 8-2.01 BUY AMERICA REQUIREMENTS . . . . . . . . . . . .. . . . . . . . . . ...... .... SP-53 8-2.02 APPROVED MATERIALS . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-54 8-2.03 CITY-FURNISHED MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-54 SECTION 9 TRAFFIC CONTROL .............. . .. .............. .......... ..•••I. SP-55 9-1.01 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . SP-55 9-1.02 TURN RESTRICTIONS . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . SP-56 9-1.03 PARKING RESTRICTIONS . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . SP-56 9-1.04 TRAFFIC LANES . . . . . . . . . . , SP-57 9-1.05 PUBLIC CONVENIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . SP-57 9-1.06 FLASHING ARROW SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-57 9-1.07 LANE CLOSURE . . . . . . . . .. ... . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . SP-57 9-1.08 PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . SP-58 SECTION 10 MOBILIZATION ..................................................... SP-59 10-1.01 GENERAL . . . .. .. . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . .. . . . SP-59 10-1.02 PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . SP-60 SECTION 11 CLEARING&GRUBBING .................................................................... SP-61 SECTION 12 THROUGH SECTION 19 -- BLANK ............. .................... ...... SP-62 SECTION 20 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKING .. . . . SP-63 20-1.01 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . SP-63 20-1.02 PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... . .. . . .. . . .. . . . .. . .... . . SP-63 SECTION 21 THROUGH SECTION 22 -- BLANK ...................................... SP-65 SECTION 23 ROADSIDE SIGNS ........ ........... .........................•••••.• SP-66 23-1.01 GENERAL . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-66 SP-66 23-1.02 PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . .. . . SECTION 24 THROUGH SECTION 49 -- BLANK .... .......... ...............•....... SP-67 SECTION 50 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT ....... ............... SP-68 50-1.01 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-68 50-1.02 PAYMENT . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . .. . . .. . .. SP-69 PART III FEDERAL REQUIREMENTS PAGE NUMBERS FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTURCTION PROJECTS . . . . . . . . . . . . . . . . . . FR-1 APPENDIX FEDERAL MINIMUM WAGES(Applicable 10 Business Days prior to the Date of Bid Opening) STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION CALTRANS SPECIAL INSTRUCTIONS FOR YELLOW TRAFFIC STRIPE AND PAVEMENT MARKING(HAZARDOUS WASTE) STANDARD DRAWINGS CALTRANS STANDARD PLANS CALIFORNIA MUTCD STANDARDS PROJECT LOCATION SURVEY DOCUMENTS CONTRACT AGREEMENT PART I ADMINISTRATION Engineer's Estimate(Range Only): $40,000 to$60,000 NOTICE INVITING SEALED BIDS CITY OF SAN BERNARDINO Owner NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: 2-WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE (TC 09-03) HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(045), EA #08-925146 in accordance with Special Provision No. 12641 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/reguest for bids/public works/default.asp. conversely, the Project documents are also available on CD, at no cost, if picked up in person. Upon request, a CD of the Bid and Contracting Documents 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 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 June 9, 2015, at which time all of said bids will be publicly opened, and examined and declared in the City Engineer's Conference Room, Third Floor, City Hall. A-1 The Contractor shall possess a Class "A" License or Appropriate Specialty License(s) at the time the contract is awarded. The prime Contractor shall perform, with his own organization, contract work amounting to at least 50 % of the contract price. All bids shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder refuses to execute said contract, the use by the public of the improvements will be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix said amount of damages. Therefore, the City and the bidder agree that the above sum of ten percent shall be paid to the City upon the condition above set forth as liquidated damages and not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U. S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Form of Bid Bond is contained in the Bid Documents in Part I of the Special Provision. Notarization of the signatures of both the Principal and the Surety and the Power of Attorney of the signing Surety shall accompany this form. The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided for in Section 10263 and Section 22300 of the California Public Contract Code. A Non-Mandatory Pre-Bid Meeting will be held on Tuesday , May 26, 2015, at 2:00 p.m., in the office of the City Engineer, Department of Public Works, 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 Disadvantaged Business Enterprise (DBE) 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. Attendance is part of the good faith effort. Certified minority (DBE) subcontractors and material suppliers for the San Bernardino area located in Caltrans District 8 are listed on the California Unified Certification Program (CUCP) 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/ucp.htm . Bidders are advised that, as required by federal law, the City of San Bernardino is implementing new DBE requirements for Underutilized Disadvantaged Business Enterprises (UDBEs). The UDBE Contract goal is 1.65%. 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 type work of workman needed 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.cagov/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. The Davis-Bacon Federal General Decision Prevailing Wage Rates are available at http://www access.gpo.gov/davisbaconli*nde.-html. General Decision prevailing wage rates for the County of San Bernardino, State of California in effect ten (10) days prior to the actual Bid Opening, are referenced and made a part thereof. Said wages in effect ten(10) days prior to the Bid Opening shall be physically inserted into the Contract Documents prior to contract execution by the CITY and the Contractor. 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. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any sub- contractor under him to pay not less than specified rates to all laborers, workmen, and mechanics employed by them in the execution of the contract, and to prevent discrimination in the employment of persons because of race, creed, color, or national origin, as set forth in the provisions of Resolution No. 7414 of the Mayor and Common Council of the City of San Bernardino. This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. This project is subject to federal trainee requirements for the employment of apprentices registered with the California Department of Industrial Relations, Division of Apprenticeship Standards. Additional information can be obtained at http://www.dir.ca.gov/DAS/PublicWorksFonns.htm. A-3 This project is subject to the "Buy America" provisions of the Surface Transportation Assistance Act of 1982, as amended by the Intermodal Surface Transportation Efficiency Act of 1991. The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations from contract specifications, or to reject any and all bids. No bidder may withdraw his bid within 45 working days from the date of the bid opening. The City reserves the right to take all bids under advisement for a period of 90 days. Specific questions regarding this project should be submitted in writing to the City Engineer's Office as follows: City of San Bernardino City Engineer's Office 300 North"D" Street, Third Floor San Bernardino, CA 92418 SUBJECT: 2-WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE(TC 09-03) HIGHWAY SAFETY IMPROVEMENT PROGRAM-HSIPL-5033(045), EA #08-925146 PLANS & SPECIAL PROVISIONS NO. 12641 Attention: Mark L. Raab, P. E., Acting City Engineer Tel: (909) 384-5166; Fax: (909) 384-5190 E-mail: raab_ma @sbcity.org Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after the bid opening, will not be treated as a bid protest. Responses will be provided to written questions only. No written response will be provided to verbal questions. CITY OF SAN BERNARDINO Georgeann Hanna City Clerk NOTICE TO ADVERTISE SPECIFICATION NO: 12641 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE: 05/12/15 and 05/17/15 FIVE DAYS BETWEEN FIRST &SECOND PUBLICATION SIGNATURE: DATE: A-4 BID DOCUMENTS BID FORM TO THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the Plan and read the accompanying instructions to bidders and hereby proposes to furnish any and all required labor, materials, transportation and service for the 2-WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE (TC 09-03) HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(045), EA #08-925146 in strict conformity with Plans and Special Provisions No. 12641, of the Department of Public Works, for the City of San Bernardino and also in accordance with Standard Specifications for Public Works Construction, latest edition in effect on the first day of the advertised"Notice Inviting Sealed Bids". The undersigned proposes and agrees if this bid is accepted, that the undersigned will contract with the City of San Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and that he will take in full payment therefor the following unit prices or lump sum prices, to-wit: B-1 BID SCHEDULE PLAN NO. 12641 2-WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE (TC 09-03) HIGHWAY SAFETY IMPROVEMENT PROGRAM-HSIPL-5033(045), EA #08-925146 ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRIT FEN IN FIGURES IN FIGURES IN FIGURES LIS MOBILIZATION CQ L5 -—----------- 2. 1 LS TRAFFIC CONTROL LS $ P? yq5ck CLEARING AND GRUBBING 3. I i's WET SANDBLASTING and GRINDING of Existing Traffic Striping and Pavement Marking LS $ 4. 9,445 LF THERMOPLASTIC TRAFFIC STRIPING, 2-WAY LEFT TURN LANE 4"W YELLOW with RPM,,per CALTRANS Std.Plan A20B, Detail 32(CA MUTCD, Figure 3A-108) /LF $ -6, 4 Ri 5, 7,780 LF THERMOPLASTIC TRAFFIC STRIPING, 4"W, WHITE BROKEN LINE with RPM, per CALTRANS Std, Plan A20A, Detail 12,(CA MUTCD, Figure 3A-102) $ co —-—----------- 6. 2 EA THERMOPLASTIC TRAFFIC MARKING 1150"per PLANS and CALTRANS Std. PlanA24C,(CA MUTCD, Figure 313-20) Qc-:92 $_f ,w- i EA —/y00 ------------------ 7. l EA ROADSIDE SIGN,"SPEED LIMIT 50"(112-1, 24"X 30"),on Single Post,per CA MUTCD, Figure 2B-1 $_/EA ............... B-2 BID SCHEDULE PLAN NO. 12641 2-WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE (TC 09-03) HIGHWAY SAFETY IMPROVEMENT PROGRAM-HSIPL-5033(045), EA #08-925146 ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITT N IN FIGURES 1N FIGURES IN FIGURES S. 3 EA ROADSIDE SIGN,"NO STOPPING ANY TIME"(R26A(S)(CA) 18 1IX24")on Single Post, per CA MUTCD, Figure 213-24(CA) 5,300 /EA $ 9. 27 EA ROADSIDE SIGN,"NO STOPPING ANY TIME"(R26A(S)(CA),18"X 24")on Existing Street Light,per CA MUTCD,Figure 213-24(CA) C /EA 10. 1 I'S NPDES REQUIREMENTS for BMP, per SECTION 6-1.03 LS 11. 1 LS SURVEYING SERVICE, per SECTION 6-1.10 LS $ TOTAL BID $ ��o?g •"�� B-3 BIDDER'S INFORMATION AND SIGNATURE: It is the understanding of the undersigned that the work hereinabove described shall be commenced within 10 working days from the date of the"Notice to Proceed", and shall be completed within 30 working days from the date of said notice,as directed in SECTION 4 of these Special Provisions. The undersigned further agrees that in case of default in executing the contract, or furnishing necessary bonds, all within the specified time, the proceeds of the Bidder's Guaranty accompanying this bid shall be paid to the City of San Bernardino as liquidated damages. Licensed in accordance with an act providing for the registration of Contractor, LICENSE EXPIRATION FEDERAL TAX ID NO.: 685387 CLASSIFICATION(S): A DATE: 01/31/16 # 26-0147786 FIRMNAME: Cal Stripe, Inc. BUSINESS ADDRESS: 2040 E Steel Road Colton, CA 92324 BUSINESS PHONE: 909-884-7170 FAX: 909-884-7106 CELL: 909-206-7206 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: CA 21 years Is Bidder currently a certified DBE? Yes ❑ No IA Legal Status of'Ftrm Age grfirm Annual Gross Receipts: <$1,000,000 ❑ <$5,000,000 ❑ <$10,000,000 ❑ <$15,000,000 ❑ >$15,000,000 lk NAMES ADDRESS(ES) Steve Fleener 2040 E Steel Road, Colton, CA 92324 SIGNATURE OF BIDDER: S Dated: G/� 120 BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 DATE: ADDENDUM NO. 2 DATE: ADDENDUM NO. 3 DATE: ADDENDUM NO. 4 DATE: C-1 W o � L � u I o N U � s ( { y 1 a40 ; I 0 w i I € -� (c W 4-4 ELI', C S a c a) f 45 W C0% O a 'Q I 'b Q. v t i CL lo4. if 5 6 i j V pp ❑ VS O O O O u9 W% WI) vs V V V V A V V V V A _ V V V V A zr V V V V A P. ❑ 19 El ❑ Cl ❑ 9 ❑ q 11 ❑ ° El El 0 ca 00 O LO It ,n r O_ a) p � a o c � 4 00 � 00 .a o .arx. 1 07 � � � N 4o0 ra v OCO M ( ~ � f CEO � aE 4 0. , � d sue, N 0 0 ,a p co co cu rn 70 co w ~ U m 0 0)w a s t° U N M 5 a) v �' n C C,1 a Z a) a aS a e N v N D u m o b F_ V 5 n a A ua v Gy y a a WORKERS' COMPENSATION INSURANCE CERTIFICATION The Contractor shall execute the following form as required by the California Labor Code, Section 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code which require 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. Date: g".Zola Cal Stripe, Inc. ( Contractor) By: ..& A ft, Steve Fleener, General Manager (Title) Attest: By: (Title) C-5 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Cal Stripe, Inc , proposed subcontractor , hereby certifies that he has X , has not participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246 and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor ( 41 CFR 60-1.7 (b) (1) ), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 ( Generally only contracts or subcontracts of$10,000.00,or under,are exempt). Currently, Standard Form 100 (EE-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filled the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S. Department of Labor. C-6 PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In accordance with Public Contract Code Section 10285.1 ( Chapter 376, Stats. 1985 ), the bidder hereby declares under penalty of perjury that the bidder has , has not x been convicted within the preceding 3 years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of any Public Works contract, as defined in Public Contract Section 1101, with any public entity as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. NOTE: The bidder must place a check mark after"has"or"has not" in one of the blank spaces provided. The above statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. C-7 Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162,the Bidder shall complete,under penalty of perjury, the following questionnaire: Has the bidder,any officer of the Bidder,or any employee of the Bidder who has a proprietary interest in the Bidder,ever been disqualified,removed,or otherwise prevented from bidding on,or completing a federal,state or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes,explain the circumstances in the following space. Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232,the Contractor,hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Questionnaire and Statement are a part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Questionnaire and Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. C-8 NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SAN BERNARDINO,PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION. In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106,the bidder declares 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; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or 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 of anyone interested in the proposed 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 the contents thereof, or divulged information or date 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. Note: The above Non-Collusion Affidavit is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Non-Collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. C-9 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer,manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space: Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action: NOTES: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification. C-10 CERTIFICATION By my signature on this bid or proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations ( Chapter 5, Title 2 of the California Administrative Code ). By my signature on this bid or proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Title 23 United States Code, Section 112, Non-Collusion Affidavit and the Title 49 Code of Federal Regulations, Part 29, Debarment and Suspension Certification are true and correct. Date: g-oZ0/�S- Cal Stripe, Inc. (Name of Bidder) SIGN Steve Fleener, General Manager (Print Name of Person Signing) HERE (Signature of Bidder) Business Address: 2040 E Steel Road Colton, CA 92324 Address of Residence: 22329 Rosary Nuevo, CA 92567 C-11 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, Cal Stripe, Inc. as Principal,and Liberty Mutual Insurance Company as Surety,are hereby and firmly bound unto the City of San Bernardino , State of California, hereinafter referred to as"Obligee"in the penal sum of ten percent 10% of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the Principal has submitted to Obligee,a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing, for the 2-Way Left Turn Lane on Industrial Parkway Between Hallmark Parkway and Palm Avenue(TC 09-03), Highway Safety Improvement Program HSIPL-5033 045 , EA#08-925146, Special Provision No. 12641 (Copy here the exact title description of work, including location as it appears on the proposal) for which bids are to be opened on June 9, 2015 (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 5th day of June 20 15 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. Cal Stripe, Inc. (SEAL) _Liberty Mutual Insurance Company _(SEAL) —` Princ/ipa!' Q Surety y Y'"'1� Signature Signature Steve Fleener, General Manager _ Maria Guise,Attorney-in-Fact Printed Name and Title Printed Name and Title NOTE:Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form C-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 <.C'< .ct.[t.cv^M.c`C`.c�'Sct.iz.cif`.c`A�`(`.ct`.t`t`�'y".4'Cc"f`.c�l`•�C`M,(�Y`r"`A.cif".cif:c`<Sr c`.cifc�'-S`,f'.4�f•`.c!`.��fgF`l`.c-�c2i A notary public or other officer completing this certificate 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. State of California ) County of San Bernardino ) On 06/08/2015 before me, Lorraine Manzanares Notary Public , Date Here Insert Name and Title of the Officer personally appeared Steve Fleener Name(3i)of Signer who proved to me on the basis of satisfactory evidence to be the person*) whose name(Q&are subscribed to the within instrument and acknowledged to me that( she/they executed the same in Wher/their authorized capacity(Nz),and that by(oher/their signature(!*on the instrument the persorl(6), or the entity upon behalf of which the personM 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 and official seal. eaW LORRAINE MANZANARES Commission j 1980098 Signature Z•'� Notary Public-California z Signature of Not Pu is San Bernardino County My CO nun-EXOmMay28.20116t Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Form of Bid Bond Document Date: June 5,2015 Number of Pages: one Signer(s) Other Than Named Above: no other signer Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Cal Stripe, Inc. Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code§ 1189 A notary public or other officer completing this certificate 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. STATE OF CALIFORNIA County of San Diego On JUN 0 5 7015 before me, Janice R. Martin Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Maria Guise Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(W whose nameQ is/#(# subscribed to the within instrument and acknowledged to me that NO/shefflj ll{/ executed the same in Nd/her/WW authorized capacity(NO, and that by 1114/her/YY1ON signaturef*) on the instrument the JANICE R. MARTIN personN, or the entity upon behalf of which the person(oh COMM. #1986564 o acted, executed the instrument. y NOTARY PUBLIC-CALIFORNIA N Q SAN DIEGO COUNTY 0 1 certify under PENALTY OF PERJURY under the laws of My Commission Expires the State of California that the foregoing paragraph is true 0 LJULY 29 2016 and correct. Witness my hand and official seal. Signat Place Notary Seal Above Signature f No ry Public Jan' a R. Martin OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General [V1 Attorney in Fact RIGHT BPR ❑ Attorney in Fact RGHT THUIABPRINT ❑ Trustee OF SIGNER Trustee OF &GNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6964891 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duty organized under the taws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the taws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Charlotte Aquino;James Baldassare Jr•Janice Martin;Jennifer L.Clamped;Lawrence F.McMahon;Maria Guise;Sarah Myers all of the city of San Diego state of CA each individually if there be more than one named,its true and lawful attorney-in-fact o make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 27th day of April 2015 .t0 cA INS %N rssu American Fire and Casualty Company 'a The Ohio Casualty Insurance Company F.',proRgr 9 J oeravF Fc 1. 5 a FC y J 2 FO F v. 2' FC F 1A L m Liberty Mutual Insurance Company = a 1906 o 1912 ° " 1991 y West mencan Insurance Company * ! By �� >C David M.Carey Assistant Secretary C STATE OF PENNSYLVANIA ss cc COUNTY OF MONTGOMERY C O L On this 27m day of April 2015. before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Ameridari Fire and Ow Casually Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. L IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O i3 ylk pqa COMMONWEALTH OF PENNSYLVANIA Q 16 QF' aw FE Notarial Seat. 16 ��Uo� IFS a � Teresa Pastella,Notary Public By: 0.� �' n of Plymouth Twp.,rdorrtgomery County Teresa Pastella,Notary Public m C My Commission Expires Mardi 28,2017 I lid ..� Member,Pennsylvania Association of Notaries cp This Power of Attorney is made and executed putsuard to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance ra O W1Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as blows: ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Arty officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O m ?j to such limitation as the Chairman or the President may prescribe,shall appoint such altomeys-in-fact,as may be necessary to act in behalf of the Cogiorafionto make,execute,seal, �+ Q.a acknowledge and deliver as surety any and alt undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective3 £ powers of attorney,shah have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ay e executed,such instruments shd be as binding as d signed by the President and attested to by the Secretary.Any power or authority granted to arty representative or attorney-in-fact under > ,a the pruvisiuns of this article nrdy be revoked at any Grime by the Board,die Chairman,ttme President or by die officer or officers grdrding such power or authority. ARTICLE X111—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-intact,as may be necessary to act in behalf of the Company to make,execute, 1-M Z seal,acknowledge and deliver as surety any and all undertakings,bonds,rec gnizances and other surety obligations. Such attorneys-in-fact subject o the limitations set forth in their aQ respective powers of attorney,shall have Mpower to bind the Company by their signature and execution of arty such hnstrurrments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. Fp Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and defwer as surety any and all undertal ngs,bonds,iecognizauces and other surety obligations. Authorization—By unanimous consent of the Companys Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretory of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shah be valid and binding upon the Company with the same force and effect as through manually affixed. 1,Gregory W Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power ofAttorney executed by said Companies,is in full force and effect and has not been revoked. JUN Q 5 2015 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 1)£RSL y�YiNS'UR ��iNSUR,r NsNSUgt y. a r 0 n > o 1991 1906 1419 1912 3 B o s , Gregory W.Davenport,Assistant Secretary C��6 HRM45K'�ltaa Oy�HRMr�A��1D �e��9'y'S.AEi!U'X. T? � M(:tAYh � 213 of 250 LMS_12873_122013 Exhibit t;;-(F? Local Agency Bidder DBE Information ( Construction Contracts ) (Inclusive of all DBEs including the UDBEs listed at bid submittal ) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE SHEET FOLLOWING THIS FORM LOCAL AGENCY: City of San Bernardino LOCATION: San Bernardino CA PROJECT DESCRIPTION:_ 2-Way Left Turn Lane on Industrial Parkway 'rarAL CONTRACT AMOUNT; , . _--- �._ BID DALE: 6/9/2015 BIDDER'S NAME. Cal Stripe, Inc. CONTRACT UDBE c;oAL: 1.65% CONTRACT rnim OF WORK AND DESCRIPTION DBE. CERr.NO. NAME OF EACH DBE DOLLAR AMOUNT ITEM NO. OR SERVICES TO BE SUBCONTRACTED AND (Must be certified on the date bids DBE OR MATERIALS TO BE PROVIDED EXPIRATION DATE are opened-include DBE address (or contracted if the bidder is a DBE) . and phone number�e� _ 2 Partial Traffic Control Partial 38078 Exp 5/2016 Maned Traffic Control G(Q, For Local Agency to Complete: m Total Claimed DBE $ _ Local Agency Contract Number: __. Participation t—=• Federal Aid Project Number: 1.65 Federal Share: Contract Award Date: Local Agency certifies that all DBE certification have been verified and all information is complete and accurate, S• �. _... Signature of Bidder _ . .__._ _______ -- 6/8/2015 909-884-7170 Print Name Signature Date Local Agency Representative Date (Area Code)Tel.No. (Area Code)Telephone Number: Steve Fleener Person to Contact (Please Type or Print) For Caltrans Review: Print Name Signature Date Local Agency Bidder DBE Information(Construction Contracts) Caltrans District Local Assistance Engineer (Rev 6/26109) Distribution: (1)Copy-Fax or scan a copy to the Caltrans District Local Assistance Engineer(DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de-obligation of funds for this project. (2)Copy --Include in award package to Caltrans District Local Assistance (3)Original—Local agency files Llutr 09-02, .lttly 31,,7{}(}9 D-6 From: ottly avila [ottly_mtc @yahoo.com] Sent: Monday,June 08, 2015 10:36 AM To: alippa @calstripe.com Subject: Re:TC Quote Attachments: 2-WAY LEFT TURN ON INDUSTRIAL PKWY, SAN BERNARDINO-CAL STRIPE.pdf Adam, Please see quote attached for the project referenced above. Thank you, Ottly Avila Administrative Assistant Maned Traffic Control P# 951-695-5104 F# 951-695-5105 On Friday, June 5, 2015 11:41 AM, maria maned<mariamaneri(a)yahoo.com>wrote: Thank you, Maria Maneri OwnerlPres. mobile:(760)277-2862 office:(951)695-5104 fax:(951)695-5105 Maned Traffic Control 47423 Rainbow Canyon Temecula,CA 92592 -----Forwarded Message----- From:Adam Lippa<alippa(aDcalstrioe.com> To: mariamaneri(a_yahoo.com Sent: Friday, June 5, 2015 9:51 AM Subject: TC Quote Hi Maria, I'm bidding a job in San Bernardino that has a DBE requirement. I attached the plans and specs just in case you needed them. Let me know if you have any questions. Thank you, Adam Lippa-Estimator Office:909-884-7170 Fax:909-884-7106 Cell:909-206-7206 Exhibit 15-G2 INSTRUCTIONS - LOCAL AGENCY BIDDER DBE INFORMATION (CONSTRUCTION CONTRACTS) SUCCESSFUL BIDDER: The form requires specific information regarding the construction contract: Local Agency, Location, Project Description,Total Contract Amount,Bid Date,Bidder's Name,and Contract UDBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work to be performed by its own forces. The DBE shall provide a certification number, and the expiration date of the certification, to the Contractor. Enter DBE prime's and subcontractors' certification numbers. If a DBE contractor's certification status should change during the course of the contract,the DBE contractor shall notify the Prime Contractor immediately in writing including the date of the decertification. In the column provided for Name of Each DBE, enter the names of each certified DBE contractor to perform work on the project(who must be certified on the date bids are opened) and include the DBE's address and phone number. IMPORTANT: Identify all DBE firms participating in the project, including all UDBEs listed on the UDBE Commitment form (Exhibit 15-G1), regardless of tier. Names of the First Tier DBE subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE dollar amount. Enter the total claimed DBE Participation dollar amount of each item of work claimed and the Total Claimed DBE Participation dollars and percentage amount for the total of all items of work submitted with your bid pursuant to the Special Provisions. If 100% of an item is not to be performed or furnished by the DBE, describe the exact portion of work to be performed or furnished by the DBE. See Section 2- 1.03, "Disadvantaged Business Enterprise (DBE)" of the Special Provisions, Part II (construction contracts); to determine how to count the participation of DBE firms. Exhibit 15-G2 must be signed and dated by the successful bidder. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Number, Federal-aid Project Number, Federal Share and Contract Award Date fields, and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15-day time period may result in the de-obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified,the District Local Assistance Engineer signs and dates the form. LPP 09-02, July 31,2009 D-7 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, 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, Department of Public Works, for the City of San Bernardino. Laboratory - The laboratory to be designated by the City of San Bernardino to test materials and worked involved in the contract. Office of the District - Whenever, in the Standard Specifications, reference is made to the office of the District or the District's office, such references shall be deemed made to the City of San Bernardino's Development Services Department office, located in the City of San Bernardino's Development Services Department. SP-1 The mailing address for the City of San Bernardino Public Works Department is: City of San Bernardino Public Works Department 300 North"D" Street, 3rd Floor San Bernardino, CA 92418-0001 Resident Engineer - The Resident Engineer is the City of San Bernardino's Or Engineer City Engineer, registered as a Civil Engineer in the State of California, or the designated representative of the City of San Bernardino's City Engineer, registered as a Civil Engineer in the State of California. . Notice Advertising for Bids - Notice Inviting Sealed Bids. Standard Specifications - Standard Specifications for Public Works Construction "Green Book". Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent and meaning specified in Section 1-2, "Definitions", in the Standard Specifications. 1-1.03 STANDARD SPECIFICATIONS - The Standard Specifications for the Agency are contained in the most current edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, "GREEN BOOK", as written and promulgated by the Public Works Standards, Incorporated, a mutual benefit corporation comprised of five members representing the American Public Works Association, and four members from the Associated General Contractors of California, the Engineering Contractors Association, the Southern California Contractors Association, and BNi Publications, Incorporated. The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other contract documents. Only those Sections requiring amendment or elaboration or specifying options are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. SP-2 References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications, Latest Edition, of the State of California, Department of Transportation. References in the Special Provisions to Standard Plans shall mean the Standard Plans for the City of San Bernardino or other governing agency as specified. Applicable Standard Plans for this project are contained in the Appendix of these Specifications. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place, that only the best general practice is to prevail and that only materials and workmanship of the first w quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract. The plans and specifications of this project shall conform to the requirements of the City of San Bernardino Municipal Code and Public Works Construction Policies, the latest editions of the Standard Specifications for Public Works Construction (green book), the American Concrete Institute (ACI), the Uniform Building Code (UBC), Uniform Plumbing Code (UPC), Caltrans Standard Specifications, and these Special Provisions. Wherever reference it made to any of the standards mentioned above, the reference shall be construed to mean the code, order or standard that is in effect on the first day of the advertised "Notice Inviting Sealed Bids". 1-1.04 TAXES -- No mention shall be made in the proposal of Sales Tax, Use Tax, or any tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 1-1.05 INTERPRETATION OF PLANS AND DOCUMENTS -- If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the services to be performed, they may submit a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery by 5:00 p.m. of the 5th working day prior to the day of the proposed bid opening. All interpretation or correction of the proposed documents shall be made only by addendum duly issued. A copy of such addendum will be mailed, faxed, or delivered to each person on record as receiving a set of such documents. Explanation or interpretation of the proposed documents by any other means shall be invalid. SP-3 1-1.06 ADDENDA OR BULLETINS -- All Bidders are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the work required for this project. Each Bidder shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be made a part of the Contract Documents and shall be returned with them. Failure to cover in a bid any such addenda issued may render the bid irregular and may result in its rejection by the CITY. 1-1.07 PLANS AND SPECIFICATIONS TO BE PROVIDED -- The CITY will provide the Contractor with five (5) sets of Plans and Specifications at no cost after the Award of Contract. The Contractor shall obtain all additional sets at its own cost. SP-4 SECTION 2 2-1 BID REOUIREMENTS AND CONDITIONS 2-1.01 GENERAL -- Bids must be submitted on the bid form contained herein. All bids or 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 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, 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 damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the City as a 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 these Special Provisions. Notarization of both the signature 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. When cross sections are included with the contract Plans, it is expressly understood and agreed that said cross sections do not constitute part of the contract, do not necessarily represent actual site conditions or show location, character, dimensions and details of work to be performed, and are included in the Plans only for the convenience of bidders and their use is subject to all the conditions and limitations set forth in Section 3-1.06 of these Special Provisions. When cross sections were not included in the Plans but are available, bidders or Contractors may inspect such cross sections and obtain copies for their use, at their expense. In accordance with Public Contract Code Section 7106, a Non-collusion Affidavit is included in the Bid Documents. Signing the bid shall also constitute signature of the Non-collusion Affidavit. This project is subject to the "BUY AMERICA" provisions of the SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982, as amended by the INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991. See Section 8-2 of these Special Provisions. The Bidder shall also refer to the Federal Regulations contained in PART III of these Special Provisions. SP-5 2-1.02 FEDERAL LOBBYING RESTRICTIONS -- Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub- recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the bid. Standard Form - LLL, "Disclosure of Lobbying Activities", with instructions for completion of the Standard Form is also included in the Bid Documents. Signing the bid shall constitute signature of the Certification. The above-referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000.00. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors, shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase of$25,000.00 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. SP-6 2-1.03 DISADVANTAGED BUSINESS ENTERPRISE (DBE) -- This project is subject to Part 23, Title 49, Code of Federal Regulations 26.13(b) entitled, "Participation By Minority Business Enterprises In Department of Transportation Programs". The Regulations in their entirety are incorporated herein by this reference. Disadvantaged business enterprises (DBEs), as defined in 49 CFR part 26 are encouraged to participate in the performance of contracts financed in whole or in part with Federal Funds. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Bidders shall be fully informed respecting the requirements of the Regulations and the California Department of Transportation's Disadvantaged Business (DBE) Program developed pursuant to the Regulations. Particular attention is directed to the following matters: (a.) Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract(49 CFR 26). (b.) Make work available to Underutilized Disadvantaged Business Enterprises (UDBEs) and select work parts consistent with available UDBE subcontractors and suppliers. (c.) Meet the UDBE goal shown in these Special Provisions or demonstrate that you made adequate good faith efforts to meet this goal. (d.) It is your responsibility to verify that the UDBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: http://www.dot.ca.gov/hq/bep/find certified.htm Bidders are advised that, as required by federal law, the State of California has established a statewide overall small enterprise (DBE)participation level. This CITY project is funded in part by federal funds, and as such, is considered to be part of the statewide overall DBE participation statistics. The CITY is required to report to Caltrans on DBE/UDBE participation for all federal- aid contracts on an annual basis so that attainment efforts may be evaluated. SP-7 2-1.04 DBE/UDBE PARTICIPATION LEVEL -- To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the CITY specifies a project goal for Underutilized Disadvantaged Business Enterprises (UDBEs) of 1.65%. A UDBE is a firm that meets the definition of DBE and is a member of one of the following groups: African Americans, Native Americans, Asian-Pacific Americans or Women References to DBEs include UDBEs, but references to UDBEs do not include all DBEs. The Contractor shall endeavor to make work available to UDBEs and select work parts consistent with available UDBE subcontractors and suppliers to meet the goals of these Special Provisions and/or demonstrate that adequate good faith efforts were made to achieve this goal. Only UDBE participation will count towards the UDBE goal. Other DBE participation will count towards the CITY's Annual Anticipated DBE Participation Level (AADPL) and the California statewide goal. Credit for materials or supplies purchased from UDBEs counts towards the goal in the following manner: 1. 100 percent counts if the materials or supplies are obtained from a UDBE manufacturer. 2. 60 percent counts if the materials or supplies are obtained from a UDBE regular dealer. 3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a UDBE that is neither a manufacturer or regular dealer. (49 CFR 26.55 defines "manufacturer" and "regular dealer" ) The Contractor will receive credit towards the goal for employment of a UDBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55. ,d The Contractor shall include the names, addresses and phone numbers of UDBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each UDBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a UDBE, a description of the exact portion of that work to be performed or furnished by that UDBE shall be included in the UDBE information, including the planned location of that work. A successful bidder certified as a UDBE shall describe the work it has committed to be performed with its own forces as well as any other work that it has committed to be performed by UDBE subcontractors, suppliers and trucking companies. SP-8 2-1.05 SUBMISSION OF UDBE AND GOOD FAITH INFORMATION -- The responsive low-bidder, along with the second and third low-bidders will be required to submit the LOCAL AGENCY BIDDER UDBE COMMITMENT form to the City Engineer at the City of San Bernardino, Public Works Division, Third Floor of City Hall, 300 N. "D" Street, San Bernardino, California, no later than 4:00 p.m. on the fourth day, not including Fridays, Saturdays, Sundays and legal holidays, following the date of the bid opening. Failure to submit the UDBE Commitment form within the specified time will result in a non-responsive bid. UDBE information shall be submitted on the "Local Agency Bidder UDBE Commitment (Construction Contracts)," Exhibit 15-G1 form with instructions that is included in the Bid Documents of these Special Provisions. If the form is not submitted with the bid, remove the form from the Bid and Contract Documents before submitting the bid. Other bidders do not need to submit the UDBE Commitment form unless the CITY requests it. If the CITY requests a submittal of a UDBE Commitment form, the Contractor shall submit the completed form within 4 business days of the CITY's request. The Contractor shall submit written confirmation from each UDBE subcontractor stating that it is participating in the contract. Include the confirmation with the UDBE Commitment form. A copy of a UDBE's quote will serve as written confirmation that the UDBE is participating in the contract. UDBE information sent by U. S. Postal Service certified mail with return receipt and certificate of mailing and postmarked as mailed on or before the third day, not including Fridays, Saturdays, Sundays and legal holidays, following the day of the Bid Opening will be accepted even if it is received after the fourth day following the day of the Bid Opening. The "UDBE Information - Good Faith Efforts," Exhibit 15-H form should be submitted with the bid showing that the Bidder has made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by UDBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the CITY no later than 4:00 p.m. on the 4th business day after bid opening. Even though the Bidder's UDBE Commitment form shows that the UDBE goal has been met, the Bidder must also submit good faith efforts documentation within the specified time to protect the Bidder's eligibility for award of the contract in the event the CITY finds that the UDBE goal has not been met. If the form is not submitted with the bid, remove the form from the Bid and Contract Documents before submitting the bid. SP-9 Good faith efforts documentation must include the following information and supporting documents, as necessary: 1. Items of work Contractor has made available to UDBE firms. Identify those items of work that the Contractor might otherwise perform with its own forces and those items that have been broken down into economically feasible units to facilitate UDBE participation. For each item listed, show the dollar value and percentage of the total contract. It is the Contractor's responsibility to demonstrate that sufficient work to meet the goal was made available to UDBE firms. 2. Names of certified UDBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the UDBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. The Bidder is reminded to solicit certified UDBEs through all reasonable and available means and provide sufficient time to allow UDBEs to respond. 3. Name of selected firm and its status as a UDBE for each item of work made available. Include name, address, and telephone number of each UDBE that provided a quote and their price quote. If the firm selected for the item is not a UDBE,provide the reasons for the selection. 4. Name and date of each publication in which the Bidder requested UDBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using UDBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested UDBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If the Bidder has provided information, identify the name of the UDBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. SP-10 7. List of efforts made to assist interested UDBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the UDBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by the Bidder, identify the name of the UDBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. 2-1.06 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. The subcontractor listing requirement referred to above is in addition to the UDBE subcontractor listing on the LOCAL AGENCY BIDDER UDBE COMMITMENT form and the total DBE subcontractors on the LOCAL AGENCY BIDDER DBE INFORMATION form. Instructions for filling out the forms are provided in the Bid Documents Section, PART I of these Special Provisions. The three listings must be consistent when the subcontracting amount meets the appropriate dollar amount thresholds. 2-1.07 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. The 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. SP-11 2-1.08 REQUIRED EXAMINATION OF ALL CONTRACT DOCUMENTS A. Before submitting a Bid, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, and addenda, or any other Contract Documents. The submission of a Bid shall constitute an acknowledgement upon which the CITY may rely that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve that Bidder from any obligation with respect to its bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents. C. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such Bidder might have fully informed himself prior to the bidding. D. No Bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. 2-1.09 REQUIRED INSPECTION OF THE SITE -- A. Bidders are required to inspect the site of the work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface, of, and at,the site of the work. B. If, during the course of examination, a Bidder finds facts or conditions that appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall notify the Engineer immediately. SP-12 C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the work. 2. Access to the site. 3. All other data and matter requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the CITY is not intended to be a substitute for, or a supplement to, the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. 2-1.10 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". 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. 2-1.11 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, proposal, modification, or withdrawal will be considered. SP-13 SECTION 3 3-1 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL—The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed. The award of the contract will be made by the Mayor and the Common Council at a Council meeting. The bidder, to whom the contract is awarded, shall file with the Engineer all required bonds and insurance policies, and execute the contract within 10 calendar days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the City as liquidated damages. 3-1.02 CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the Engineer before the Notice to Proceed is executed by the CITY. In accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications, the contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Contractor shall provide to the CITY three (3) original "wet" copies of Payment and Performance Bonds equal to 100% of the award amount of the contract. 3-1.03 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one bid, all such 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 our 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. SP-14 Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to BMP/SWPPP, traffic control and detour plans, WQMP 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. 3-1.04 AWARD OF CONTRACT -- Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the CITY. Additionally, the CITY reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal Notice Inviting Sealed Bids as may be required to provide for the best interest of the CITY. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the 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. 3-1.05 SUBMISSION OF DBE INFORMATION FOLLOWING AWARD -- The bidder to whom the project is awarded will be required to submit the completed "Local Agency Bidder DBE Information (Construction Contracts)," Exhibit 15-G2 form to the City Engineer along with the executed contracts and contract bonds. This form is included in the Bid Documents, Part I of these Special Provisions. The purpose of the form is to collect data required under Title 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form. SP-15 The successful Bidder's "Local Agency Bidder DBE Information(Construction Contracts)," Exhibit 15-G2 form shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE shall describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies. The successful Bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the successful Bidder is encouraged to submit a copy of the joint venture agreement. SP-16 SECTION 4 4-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL -- Attention is directed to the provisions of Section 6-1, "Construction Schedule and Commencement of Work", Section 6-7.1, "Time of Completion", Section 6-8, "Completion,Acceptance and Warranty" and of Section 6-9, "Liquidated Damages" of the Standard Specifications and these Special Provisions. 4-1.02 PRE-CONSTRUCTION MEETING -- The Pre-Construction Meeting shall be within 10 working days of the notification of the award of the contract by the Mayor and Common Council. The Contractor shall, at the time of notification, inform the Construction Manager of any special circumstances or conditions that might prohibit the Contractor from attending a Pre-Construction Meeting during this period, or from commencing work as scheduled. 4-1.03 NOTICE TO PROCEED -- The Notice to Proceed shall not be issued until all required documents have been submitted and approved by the CITY. The Contractor shall immediately notify and obtain the approval of the Construction 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, the proposed Construction Schedule, Traffic Control Plan and Traffic Detour Plan (as required) The Construction Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered. The schedule shall be in the form of a tabulation, chart or graph- 4-1.04 WORKING DAYS -- The Contractor shall diligently prosecute the work to completion before the expiration of 30 WORKING DAYS from the date of the "NOTICE TO PROCEED". SP-17 4-1.05 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $500.00 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. 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. 4-1.06 PROGRESS REPORTS AND ACCOUNTING OF CONTRACTOR WORKING DAYS -- The Contractor shall submit periodic Progress Reports to the Engineer by the tenth of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Section 6-7.3, "Contract Time Accounting", of the Standard Specifications is superseded by these Special Provisions. The Engineer or his/her designee will make a daily determination of each working day to be charged against the contract time. Per the Contractor's written request, the Engineer will provide working and non-working days to the Contractor. 4-1.07 INSPECTION -- The Contractor is responsible to notify the Public Works/Engineering Division 48 hours prior to start of any work. Any work performed without inspection by the CITY is subject to rejection and removal of work performed and, at the Contractor's expense, the work will have to be reconstructed. At the CITY's request, and the Contractor's expense, any pipes less than 24" must be inspected by camera for joint grouting and any other inspection. For inspection after regular working hours, see Section 6-1.06 "HOLIDAYS, WORKING DAYS AND HOURS", of these Special Provisions. 4-1.08 PERMITS AND LICENSES -- Prior to issuance of a "Notice to Proceed", Contractor shall obtain a CITY Business Registration from the City Clerk's Office, San Bernardino City Hall, 300 North"D" Street, 2"d Floor, San Bernardino, CA 92418. SP-18 SECTION 5 5-1 LEGAL REQUIREMENTS 5-1.01 LABOR NONDISCRIMINATION -- Attention is directed to the following notice that is required by Chapter 5 of Division 4 of Title 2, California Administrative Code. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Caltrans Section 7- 1.01A(4), "Labor Nondiscrimination", of the Caltrans Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of$5,000.00 or more. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CITY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of California Department of Transportation or Federal-Aid assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. 5-1.02 RESPONSIBILITY FOR DAMAGE -- Attention is directed to the provisions in Section 7-9, "Protection and Restoration of Existing Improvements", of the Standard Specifications. The Contractor shall indemnify and save harmless the City of San Bernardino, and all officers and employees thereof connected with the work, in accordance with the above section. 5-1.03 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. SP-19 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. 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. 5-1.04 SUSPENSION OF WORK -- In addition to the requirements specified in Section 6-3 of the Standard Specifications, the following shall apply: SUSPENSION OF WORK ORDERED BY THE ENGINEER -- If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation or contract time or additional compensation and contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost or time or cost and time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. SP-20 No contract adjustment will be allowed under the provisions specified in this section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this contract. 5-1.05 PUBLIC SAFETY -- In addition to any other measures taken by the Contractor pursuant to the provisions of Section 7-10, "Public Convenience and Safety", of the Standard Specifications, the Contractor shall install temporary railing (Type K) between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist: (1) Excavations -- Any excavation near the edge of which is 12 feet or less from the edge of the lane, except: (a) Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. (b) Excavations less than one foot deep. (c) Trenches less than one foot wide for irrigation pipe or electrical conduit or excavations less than one foot in diameter. (d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction. (e) Excavations in side slopes, where the slope is steeper than 4:1. (f J Excavations protected by existing barrier or railing. (2) Temporarily Unprotected Permanent Obstacles -- Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. (3) Storage Areas -- Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the Specifications. SP-21 Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the Specifications: Approach speed of public traffic (Posted Limit) (Miles Per Hour) Work Areas Over 45 Within 6 feet of a traffic lane but not on a traffic lane. 35 to 45 Within 3 feet of a traffic lane but not on a traffic lane. When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width or an existing lane to less than 10 feet without written approval from the Engineer. The lane closure provisions of this section shall not apply if the work are is protected by permanent or temporary railing or barrier. When work is not in progress on a trench or other excavation that requires a lane closure, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators will be not more than the spacing used for the lane closure. 5-1.06 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. SP-22 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. 5-1.07 SUBCONTRACTING AND DBE RECORDS -- The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on "Final Report — Utilization of Disadvantaged Business Enterprises - (DBE), First-Tier Subcontractors" Form CEM-2402 (F) and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactory form is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation conforms with Section 2-1.04. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol "CA" number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on "Monthly DBE Trucking Verification"Form CEM-2404(F). SP-23 5-1.08 DBE CERTIFICATION STATUS CHANGE -- If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change" Form CEM-2403(F) indicating the DBEs' existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. An example of this form is provided in PART III, Federal Regulations, of these Special Provisions. 5-1.09 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS -- The DBEs listed by the Contractor in response to the requirements in Section 2 of these Special Provisions, which are determined by the Department to be certified DBEs, shall perform the work and supply the materials for which they are listed unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: (1) The listed DBE, after having had a reasonable opportunity to do so, fails or refused to execute a written contract, when such written contract, based upon the general terms, conditions, Plans and Specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. (2) The listed DBE becomes bankrupt or insolvent. (3) The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. (4) The Contractor stipulates that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. SP-24 (5) The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the Plans and Specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. (6) It would be in the best interest of the CITY. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 5-1.10 SUBCONTRACTING -- Attention is directed to the provisions in Section 8- 1.01, "Subcontracting", of the CALTRANS Standard Specifications, and Section 2, "Bid Requirements and Conditions", and Section 3, "Award and Execution of Contract", of these Special Provisions. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commission publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. The list of debarred contractors is available from the Department of Industrial Relations web site at http://www.dir.ca.gov/dlse/DLSE-Databases.htm. In accordance with the Federal MBE regulations Section 23.45(f)(2) Part 23, Title 49 CFR: 1. No substitution of a DBE subcontractor shall be made at any time without the written consent of the Department, and; 2. If a DBE/UDBE subcontractor is unable to perform successfully and is to be replaced, the Contractor will be required to make good faith efforts to replace the original DBE/UDBE subcontractor with another DBE/UDBE subcontractor. The requirement in Section 2-1.03, "Disadvantaged Business Enterprise" (d), of these Special Provisions that DBEs must be certified on the date bids are opened does not apply to DBE/UDBE substitutions after award of the contract. This requirement shall be enforced as follows: A. Non-compliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. SP-25 The prime Contractor of a federal-aid project shall physically include the required contract provisions contained in Federal Form FHWA 1273, "Required Contract Provisions, Federal-Aid Construction Contracts", in Part III of these Special Provisions, in all subcontracts, lower tier subcontracts and purchase orders. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. The provision, in Section 2-3.2, "Additional Responsibility", of the Standard Specifications and the "Notice Inviting Sealed Bids" of these Special Provisions, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 % of the original contract price, is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of Part III of these Special Provisions that the Contractor perform not less than 30 percent of the original contract work with the Contractor's own organization. 5-1.11 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 to determine the number of apprentices to employ, or document an attempt to employ, during the course of the work on this project. 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.11oa doletagov/. The Contractor's attention is also 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. Information regarding the California Department of Industrial Relations, Division of Apprenticeship Standards may be obtained at http✓/www.dir.ca.gov/DAS/PublicWorksForms.htm. SP-26 5-1.12 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS -- Attention is directed to 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. A prime contractor or subcontractor shall pay to any subcontractor not later than 10-days of receipt of each progress payment, in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10- days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30-days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. 5-1.13 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS -- The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30-days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance; and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. SP-27 5-1.14 PAYMENT OF WITHHELD FUNDS -- Section 9-3.2, "Partial and Final Payment", of the Standard Specifications is amended to read: °y Upon the Contractor's request,pursuant to "Public Contract Code Section 10263", the Department will make payment of funds withheld from progress payments to ensure performance of the contracts if the Contractor deposits in escrow with the State Treasurer, or with a bank acceptable to the Department, securities equivalent to the amount withheld. The Contractor shall be beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Upon satisfactory completion of the contract,the securities shall be returned to the Contractor. Alternatively, upon the Contractor's request, the Department will make payment of retention earned directly to the escrow agent. The Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the Department, pursuant to the terms in Section 10263 of the Public Contract Code. Securities eligible for investment shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the Department. The escrow agreement used pursuant to this Section 9-3.2 shall be substantially similar to the "Escrow Agreement for Security Deposits In Lieu of Retention" in Section 10263 of the Public Contract Code, deemed as incorporated herein by reference. The Contractor shall obtain the written consent of the surety to such agreement. 5-1.15 INSURANCE REQUIREMENTS -- Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. SP-28 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. 5-1.16 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; 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $19000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. SP-29 5-1.17 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. 5-1.18 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 ware 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. 5-1.19 PAYROLL RECORDS -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a) The Contractor and all subcontractors shall keep an accurate payroll record, showing the name address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (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. SP-30 (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. 5-1.20 CONTRACTOR'S LIABILITY -- The City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workers or the public; or for damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workers, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall not encroach on private property adjacent to this project in any phase of the construction without first obtaining a signed Right Of Entry document from the property owner and submitting this Right Of Entry to the Engineer for approval, prior to any entry or encroachment onto private property. The Contractor shall be responsible for any injury to any person or damage to property resulting from any defects or obstruction occurring any time before project completion and final acceptance, and shall indemnify and save harmless the City of San Bernardino, the Mayor and Common Council, the City Manager or the City Engineer from all suits or actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the CITY may be retained by the CITY until disposition has been made of such suits or claims for damages aforesaid. 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. SP-31 5-1.21 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. 5-1.22 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 its own expense. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. SP-32 ACORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE(MM/YY/DD) 00/00/00 PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- COMMERCIAL ASSOCIATES INS.,INC. THIS CERTIFICATE DOES NOT AMEND,EXTEND, OR ALTER 1226 EAST LA PALMA AVENUE THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM, CA 92807 COMPANIES AFFORDING COVERAGE (714)524-4949 FAX: (7145)524-4940 COMPANY A CNA-TRANSCONTINENTAL INSURED COMPANY B CNA-VALLEY FORGE YOUR COMPANY NAME COMPANY AND ADDRESS C CHUBB GROUP-FEDERAL INSURANCE COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM,OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS LTR TYPE OF INSURANCE NUMBER DATE(MM/YY/DD) DATE OEWW/DD) GENERAL LIABILITY EACH OCCURRENCE $1,000 000 X COMMERCIAL GEN LIABB.TTY FIRE DAMAGE(ANY ONE FIRE) $ 500,000 A CLAIMS MADE OCCUR MED EXP ANY ONE PERSON) $ 5,000 X OWNER'S&CONTRACTOR'S PROT 102267576 02/01198 02/01/99 PERSONAL&ADV INJURY $1000,000 GENERAL AGREGATE $2000 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 (Per Accident $ BAP 5197135 02/01/98 02/01/99 SCHEDULED AUTOS PROPERTY DAMAGE (Per Accident $ HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY $ AUTO ONLY-EACH ACCIDENT other than auto only: ANY AUTO EACH $ ACCIDENT other than auto only: AGGREGATE WORKERS COMPENSATION AND X I WORKERS COMP EMPLOYER'S LIABILITY I STATUTORY LIMITS C E.L.EACH ACCIDENT $1,000,000 WC XXXXXX 02/01/98 02/01/99 $1 000 000 THE PROPRBRETOR/ INCL E.L.DISEASE—EA EMPLOYEE PARTNERS/EXECUTTV $1,000,000 E OFFICERS ARE: EXCL E.L.DISEASE—POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/I.00ATIONSNEMCLES/SPECIAL ITEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERT PROJECT NAME) BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIFICATE HOLDER CANCELLATION THE CITY OF SAN BERNARDINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSIIEING COMPANY WILL MARL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE DEPARTMENT OF DEVELOPMENT SERVICES LEFT. DIVISION OF PUBLIC WORKS AUTHORIZED REPRESENTATIVE 300 N. "D" STREET, 3RD FLOOR JOHN E.SMTIH (Signature) SAN BERNARDINO,CA 92418-0001 ACCORD 25-5 1/95 ®ACCORD CORPORATION SP-33 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 4 NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT 300 NORTH "D" STREET, 3RD FLOOR ONLT SAN BERNARDINO, CA 92418-0001 (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-34 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-35 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)RREQUIREMENTS -- The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) throughout the entire project. The Contractor, without limitation, shall be responsible for providing and implementing Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, for preventing any contaminants, including soil, from entering any drainage system. The Contractor shall be responsible for having sufficient materials on hand and being prepared to provide erosion and sediment controls capable of preventing erosion from being washed into the storm drain system. The Contractor shall be responsible for maintaining equipment so that oil, grease, gasoline, diesel fuel, et al., do not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the CITY for any pollution damage and/or cleaning costs. All construction on off- site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System)Best Management Practices to prevent deleterious materials or pollutants from entering the CITY or County storm drain systems. The following are the areas to be addressed where applicable: 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street. 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. 13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site. 14. Call 911 in case of a hazardous spill. 15. Keep a running log of all activities in connection with the Storm Water Pollution Prevention Plan(SWPPP). 16. Name a person, on site, responsible for complying with SWPPP. BEST MANAGEMENT PRACTICES ( BMPs ): Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the County Regional Best Management Practices Handbook for Construction Activities. SP-36 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-37 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 a implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a description of measures and practices to control the potential pollutants. The preparation and implementation of the SWPPP is intended to ensure that the Contractor will make every reasonable effort to prevent the pollution of water resources during the period of construction. All projects, regardless of size, shall have a SWPPP developed prior to the performance of any soil disturbing activities. SP-38 Projects over one acre are placed under the regulations of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity. In the State of California, these regulations are adopted by the State Water Resources Control Board and as such projects that fall into this category must submit a Notice of New Construction (NONC) to the State Water Resources Control Board (SWRCB) to obtain a waste discharge identification number (WDID). This information is available for review and downloading on the State of California, Department of Transportation web site at http://www.dot.ca.gov/hq/construc/stormwater/manuals.htm. SWPPP's over one acre shall be prepared under the supervision of, and signed by, a Civil Engineer registered by the State of California. All SWPPP's shall include and incorporate BMPs that address contractor activities, erosion, and sedimentation control. The SWPPP shall also include and incorporate appropriate BMPs for run-off generated by construction activities and other non-storm water sources. During all periods of construction, excavated soils which are stored on- site shall be completely covered with waterproof material and gravel bagged or bermed in order that, in the event of a storm, no soil becomes mixed with or transported by storm water run-off. If, during construction operations, field conditions change in a manner which, in the opinion of the Engineer, significantly deviates from how the SWPPP, as approved by the CITY, addressed the current construction operation, the Engineer may direct the Contractor to revise the current construction operation and/or the SWPPP. Such directions will be made in writing and will specify the items of work for which the SWPPP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer and/or until the Contractor submits a revised SWPPP and receives CITY approval. The Engineer shall notify the Contractor of the acceptance or rejection of the revised SWPPP within seven(7)working days from the date of submittal. The BMP (Best Management Practices) and/or SWPPP (Storm Water Pollution Prevention Plan) shall be submitted to the CITY for review and approval a minimum of ten (10)working days prior to the commencement of construction operations in accordance with this Section 6- 1.03 of these Special Provisions. The CITY, as Permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The CITY may assess the Contractor a penalty of$1,000 for each calendar day that the Contractor has not fully implemented the BMP(s) or SWPPP specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the CITY will deduct, from the final payment due the Contractor, the total amount of any fines levied on the CITY, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMP(s) or SWPPP. SP-39 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). Full compensation for the design and implementation of a required WQMP 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. THE CONTRACTOR SHALL COMPLY WITH THESE REQUIREMENTS AND CITY ENGINEER'S DIRECTIONS DURING THE COURSE OF CONSTRUCTION. The Contractor shall provide to the CITY, prior to beginning construction, the name and telephone number(s) of the Contractor and/or the Contractor's NPDES representative, which can be reached and will respond to calls 24 hours/day for emergencies during construction activity. Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. Full compensation for preparation of the SWPPP, revisions to the SWPPP, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with NPDES requirements shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.04 PERMITS AND LICENSE -- The Contractor shall pay for and obtain a City Business Registration prior to the execution of the contract. Prior to the commencement of work, the Contractor shall obtain a construction permit at no cost from the City of San Bernardino, Department of Public Works Engineering, located at San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, CA 92418. The permit shall be kept in a readily available place on the job site at all times during construction. While no fee will be charged for the permit, no permit will be issued unless the Contractor provides a code reference number from USA. The Contractor shall obtain all required permits from all other City of San Bernardino Departments/divisions and/or agencies including, but not limited to, Building Division, Public Services — Sewer, Water, County Flood Control, Railroad, Caltrans, Fish & Game, Corp. of Engineers, Regional Water Quality Board, etc., at his/her own expense, unless otherwise stated in the Plans and Specifications. These fees and permits shall include water and sewer hook-up, meter, inspection and flagging fees. Contractor shall obtain a City of San Bernardino Business License at his/her own expense. SP-40 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 subjection, 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-41 Designated legal Holidays are: January 1St, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day and the Friday following, December 25th and the working day preceding or following (as directed by the Mayor and Common Council) and the last working day of the year. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be designated a legal holiday. 6-1.07 PAYMENTS -- Attention is directed to Section 9-3, "Payments", and 9-3.2, "Partial and Final Payment", of the Standard Specifications and these Special Provisions. No partial payment will be made for any materials which are furnished, but not incorporated in the work. The Contractor shall submit "As Built" project drawings to the Engineer prior to the release of final payment and/or bonds. 6-1.08 PROJECT APPEARANCE -- The contractor shall maintain a neat appearance to the work including use of street sweeping. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly unless otherwise specified. 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-42 6-1.10 SURVEYING SERVICE -- The Contractor shall refer to the PROJECT LOCATION SURVEY DOCUMENTS section at the back of these Special Provisions for California Land Surveyors Association (CLSA) and Consulting Engineers and Land Surveyors of California(CELSOC) survey monument preservation guidelines. The Contractor shall perform and be responsible for the accuracy of surveying adequate for construction. A California registered Civil Engineer licensed to perform surveying or a California registered Land Surveyor shall perform any surveying or staking, as directed by the Engineer, at the expense of the Contractor. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at the expense of the Contractor. In case of missing or incorrect ties, the Contractor's Surveyor shall restore ties as necessary at the expense of the Contractor. The Contractor shall submit to the City a copy of all survey notes and a Certificate Record of Survey. All new and replaced survey ties shall be by transit method. All existing monumentation shall be tied and recorded prior to construction. Corner Records shall be filed, pre and post construction, in accordance with Section 8771 of the Business and Professions Code (AB 1414). Final monumentation of alignments and new R/W lines shall be performed in accordance with the State of California Surveys Manual (latest edition). Record of Surveys or In-Lieu Maps, as applicable, shall be prepared and filed. One reproducible (mylar) copy of all filed maps and one photocopy of all filed Corner Records or Records of Survey shall be delivered to the City within 30 days of such filings. Full compensation for preparation of the survey documents, revisions to the survey documents, and all other related costs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials to comply fully with these Special Provisions and the CLSA shall be considered as included in the contract bid lump sum price, or if no specific bid item, the contract bid prices paid for the various bid items of work, and no additional compensation shall be allowed therefor. 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT -- Section 4551 of the State Government Code specifies that in executing a public works contract with the CITY to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the CITY tenders final payment to the Contractor without further acknowledgement by the parties. SP-43 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. Contractor is responsible for replacing any damaged improvement or facility to original condition or better. 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY -- The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA),the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict,the more stringent requirement shall be followed. SP-44 6-1.16 SAFETY SUPERVISOR AND MEETINGS -- A. The Contractor shall appoint an employee as safety supervisor who is qualified and authorize to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Engineer in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor. B. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees, and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. C. The Contractor and its affected subcontractors shall attend safety coordination meetings. The minutes of their meetings shall be submitted to the Engineer. 6-1-17 MEETINGS -- A. The Contractor shall attend weekly progress meetings at the project site. B. In general, these meetings will be attended by the Contractor, the Engineer or his designee, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. Meeting minutes will be taken by the Engineer or his/her designee. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. D. The Engineer shall have the authority to require that a mandatory meeting be held at any time during normal work hours. E. These meetings shall be attended by the Contractor, the Engineer or his/her designee, and may 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-45 SECTION 7 7-1 UTILITIES 7-1.01 GENERAL -- The location of all utility substructures that may affect the work shall comply with Section 5, "Utilities", of the Standard Specifications and these Special Provisions. Notify the Engineer immediately of any conflict. Match existing products. The Contractor is responsible for coordinating work with the utility owners. Certain companies, governmental agencies, or their contractors may be working within the construction area. Certain utility facilities at various locations within the project limits may be removed, relocated, abandoned, or installed by companies' agencies' contractors. The Contractor shall coordinate his work with utility owners and their contractors. The Contractor shall exercise due caution to prevent any damage to/or movement of these utility facilities. Listed below are the utilities that may be affected, with the designated contact person. These names and phone numbers are listed for information purposes only. The Contractor is responsible for verifying phone numbers and contact persons. 1. SOUTHERN CALIFORNIA EDISON COMPANY 287 Tennessee Street Redlands, CA 92373 Phone: (909) 307-6788 Attn: Ben Murguia 2. SOUTHERN CALIFORNIA GAS COMPANY 1981 West Lugonia Avenue Redlands, CA 92373 Phone: (909) 335-7772 Attn: Devery Jennings 3. SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Water Utility Engineering Section 300 North"D" Street, 5t'Floor San Bernardino, CA 92418 Phone: (909) 384-5092 Attn: Mike Nevarez SP-46 4. VERIZON Engineering Department 9 S. 4th Street Redlands, CA 92373 Phone: (909) 748-6655 Attn: Control Desk Email: cdinland @verizon.com 5. TIME WARNER CABLE (ADELPHL4;COMCAST) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 975-3385 Attn: Bruce "Red"Dewese, Construction Coordinator Cell: (909) 721-8589 Email: bruce.dewese @twcable.com 6. TIME WARNER TELECOM (fiber optic) 3281 Guasti Road, Suite#101 Ontario, CA 91761 Phone: (909) 456-3693 or 3697 Attn: Bart Van Wey 7. A.T. & T. - Plant Protection Services Phone: (909) 381-7385 Attn: John Bradley, OSP Supervisor (951) 359-2511 Attn: Randy Seabert A.T. & T. One Call Center- Cable Hazards Center( 2 days in advance ) Phone: (800) 252-1133 A.T. & T. —Maintenance at Specific Location Phone: (800) 243-6122 then Opt.#1 /Opt.#5 ( include address ) 8. A.T. & T. (SBC-PACIFIC BELL TELEPHONE) ATTN: Right-of-Way Liaison 1265 N. Van Buren Street,Room#180 Anaheim, CA 92807 Phone: (714) 666-5692 Attn: Yvette Garofano,Liaison for San Bernardino Phone: (714) 666-5401 General number in Anaheim SP-47 9. SPRINT COMMUNICATIONS Attn: Outside Plant Engineering 282 South Sycamore Street Rialto, CA 92376 Phone: (909) 873-8022 Attn: Lynn Durrett—Cell: (951) 334-5754 10. CHARTER COMMUNICATIONS 7337 Central Avenue Riverside, CA 92504-1440 (951) 343-5139 Attn: Randy Maestas Construction Maintenance Henry Martinez Cell: (818) 535-6186 Rick Keyner Cell: (626) 636-0603 George Causeco Cell: (626) 419-7334 11. EAST VALLEY WATER DISTRICT 3654 Highland Avenue, Suite#18 Highland, CA 92346-2607 Phone: (909) 888-8986 Attn: Justin Parker 12. SAN BERNARDINO COUNTY INFORMATION SERVICES NETWORK SERVICES Attn: Randy Miller, Division Chief 670 E. Gilbert Street San Bernardino, CA 92415 Phone: (909) 388-5588 Attn: Melissa Uyeda 13. OMNITRANS 1700 W. 5t' Street San Bernardino, CA 92411 Phone: (909) 379-7153 Attn: Allen Wild— Stops & Station Changes 14. CITY OF SAN BERNARDINO INFORMATION TECHNOLOGY NETWORK GROUP 300 North"D" Street, 4h Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin SP-48 15. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT STREET DIVISION 234 S, Mt. View Avenue San Bernardino, CA 92408 Phone: (909) 384-5143 Attn: John Van Havermaat 16. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TRAFFIC SIGNALS & STREET LIGHTING 234 S. Mt. View, #110 San Bernardino, CA Phone: (909) 384-5129 Attn: Clemente Elizalde 7-1.02 CONTRACTOR'S RESPONSIBILITY -- The Contractor shall verify the location of all underground utilities and services, including potholing, before proceeding with the excavation work, requesting in advance the services of inspectors from the utility companies in order to ascertain said locations. Damage to underground utilities resulting from neglect on the part of the Contractor shall be corrected and paid for by the Contractor. 7-1.03 COOPERATION AND COLLATERAL WORK -- The Contractor shall conform to the requirements of Section 7-7, "Cooperation and Collateral Work", of the Standard Specifications. 7-1.04 UTILITIES NOTIFICATION -- The Contractor shall notify all owners of public utilities seventy two (72) hours in advance of excavating around any of their facilities and substructures and shall also provide the same notice to Underground Service Alert of Southern California, telephone number 1/800/422-4133. SP-49 7-1.05 UTILITIES INTERFERENCE -- Utilities which are found, by exploratory location or by excavation, to interfere with the construction of this project shall be relocated, altered, or reconstructed, or the Engineer may order changes in location, line or grade of the project structure, to be built in order to avoid said utility. The Contractor shall coordinate the work with the utility owners. Abandoned utilities, which interfere with the construction of any portion of this project, shall be cut by the Contractor, the interfering portion of the utility removed and open ends of the pipe sealed with a suitable plug or cap. 7-1.06 PAYMENT -- Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be considered as included in the prices paid for the various contract bid items of work involved and no additional compensation will be allowed therefor. SP-50 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done consists, in general, of removing existing traffic striping and pavement markings by sandblasting, installing thermoplastic traffic striping and raised pavement markers, pavement marking and installing related roadside signs per CALTRANS ( & MUTCD ) standards, 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 -- BLANK 8-1.03 WORK SITE MAINTENANCE -- The Contractor shall comply with the provisions in Section 7-8, "Work Site Maintenance", of the Standard Specifications. The Contractor shall water down the site during periods of high winds as directed by the Engineer, including periods when the work is not actually in progress. Failure to respond to a directive to water the site in a prompt manner will result in the City making other arrangements to have this item of work done and the costs billed to the Contractor, or it shall be paid for by the Contractor as a deduction from his contract. SP-51 8-1.04 PROJECT LOCATIONS -- See separate bound Plans. 8-1.05 GEOTECHNICAL INVESTIGATION -- None OR See APPENDIX. 8-1.06 PRE-BID INQUIRIES -- NO ORAL representations or interpretations will be made to any Bidder as to the meaning of the Specifications, Plans, any addenda, or other Contract Documents. Written requests for an interpretation, or to identify a potential omission, discrepancy, or misunderstanding will be accepted if received by 5:00 p.m. of the 5th working day prior to the day of the proposed bid opening. If there are any questions regarding this project, please contact: City Engineer's Office San Bernardino City Hall 300 North"D" Street, 3rd Floor San Bernardino, CA 92418 Attention: Mirela Grigorescu Tel: (909) 384-5202; Fax: (909) 384-5190 E-mail: grigorescu_mi @sbcity-org Re: Plans & Special Provisions No. 12641 2-WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE(TC 09-03) HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) LOCATER 08-SBD-0-Sbd SP-52 SECTION 8 MATERIALS 8-2 MISCELLANEOUS 8-2.01 BUY AMERICA REQUIREMENTS -- Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Section 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the 'Buy America" requirements. A Certificate of Compliance shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500.00, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work. SP-53 8-2.02 APPROVED MATERIALS -- Whenever the expression"or approved equal" is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. All substitution requests shall be submitted to the City Engineer in writing five (5) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the Engineer for review and approval six (6) copies of all shop drawings. The Contractor shall make any corrections to shop drawings required by the Engineer. 8-2.03 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-54 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. SP-55 In addition to the foregoing traffic control and safety measures, the Contractor shall undertake immediately to implement any measures requested by the Engineer, as defined necessary to ensure the proper flow of traffic and the protection of the public and the safety of the workers. The Contractor shall maintain at all times the ability to respond to calls from the Engineer, including during non-working hours to replace or provide additional traffic control or safety devices as required. All places of business and residences along the streets that are within the limits of any work shall be notified by the Contractor in writing at least seven (7) days prior to commencement of work. This notification shall explain the sequence of work and indicate any restrictions of parking and access. Verbal notification shall be given to all places of business and residences at least 18 hours in advance of commencing work that will affect access to and from their properties. 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 `PTO 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. SP-56 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. 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 detouring the public during construction. Emergency vehicles shall be permitted access at all times to any street. SP-57 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. 9-1.08 PAYMENT -- Full compensation for furnishing and installing signs, lights, flares, barricades, traffic control plan and other traffic control devices, necessary to expedite passage of public traffic through the work area, shall be considered as included in the lump sum prices paid for "TRAFFIC CONTROL", and no additional compensation will be allowed therefor. The provisions in this Section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. Such approved modifications or alterations shall be adopted immediately and shall be considered paid in full as a part of the lump sum contract bid price for"TRAFFIC CONTROL", and no additional compensation will be allowed therefor. SP-58 SECTION 10 10-1 MOBILIZATION 10-1.01 GENERAL -- Mobilization shall comply with the requirements of Section 9- 3.4, "Mobilization", of the Standard Specifications. Mobilization may include, but not be limited to, the following principal items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Providing a Project Office. 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these Specifications 6. Moving onto the site, including, but not limited to: a. Equipment b. Arranging for and erection of Contractor's work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. 8. Providing a minimum of one restroom facility for each twenty-five (25)workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet(as required). 9. Installing all temporary utilities (as required). 10. Establishing required fire protection provisions. 11. Posting all OSHA required notices and establishment of safety programs. 12. Posting of all Department of Labor notices. 13. Having the Contractor's superintendent at the job site full-time and responding 24 hours per day. 14. Air and water quality protective measures, as necessary, and without limitation. 15. Potholing and other research and review as necessary to verify site conditions and utility locations. 16. Demobilization of the Site. 17. Any other item as specified. The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall be included in the Bid Item provided for mobilization and demobilization and incidental project costs as a lump sum item, for which 75 percent (75%) will be eligible for inclusion in the first progress payment, with the remaining 25 percent(25%) not eligible for inclusion until 100 percent(100%) of the work has been completed and if progress of the work is satisfactory. SP-59 No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met. 10-1.02 PAYMENT — The contract bid lump sum price paid for "MOBILIZATION" shall be deemed to include the cost of work in advance of construction operation and not directly attributable to any specific bid item, and no additional compensation will be allowed therefor. SP-60 SECTION 11 11-1 CLEARING AND GRUBBING 11-1.01 GENERAL -- Clearing and grubbing shall comply with Section 300-1, "Clearing and Grubbing", of the Standard Specifications, these Special Provisions, per the Plans and as directed by the Engineer. The following items are classified as Clearing and Grubbing: 1. Remove all existing traffic stripes, and pavement markings by grinding and sand blasting as designated and directed by the Engineer. NOTE: Where blast cleaning is used for the removal of painted traffic stripes and pavement markings, or for removal of objectionable material and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue, including dust , shall be removed immediately after contract between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation. 11-1.02 PAYMENT -- The contract bid lump sum price paid for "Clearing and Grubbing" ( Wet Sandblasting and Grinding) shall be considered as full compensation for providing all the material, tools and equipment, and for doing all the work involved in clearing and grubbing, and the removal of traffic striping, pavement markings, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-61 SECTION 12 THROUGH SECTION 19 BLANK SP-62 SECTION 20 20-1 THERMOPLASTIC TRAFFIC STRIPING, PAVEMENT MARKING AND RAISED PAVEMENT MARKERS 20-1.01 GENERAL - The application of traffic striping, pavement markings and raised pavement markers shall conform to the requirements of Section 310-5.6, "Painting Traffic Stripes, Pavement Markings, and Curb Markings", and Section 312, "Pavement Marker Placement and Removal", of the Standard Specifications and these Special Provisions. Paint for traffic striping and pavement markings shall conform to the requirements of Section 210-1.6.2, "Thermoplastic Paint, State Specifications", of the Standard Specifications. The paint shall contain pre-mixed glass beads with additional glass beads to be mechanically applied when the paint is applied, in accordance with Section 210-1.6.5, "Reflective Material', of the Standard Specifications. Pavement markings and traffic stripes are to conform to pavement delineation plates. Thermoplastic material for traffic stripes shall be applied at a minimum thickness of 0.080- inch. Thermoplastic traffic stripes and pavement markings shall be placed a minimum of 6 working days after paving is completed. Raised pavement markers (RPMs), if required, shall be Stimsonite-Low Profile No. 953A (yellow) and No. 953B (clear white) or approved equal. The CALTRANS Standard Plans details referenced on the Plans and in the BID DOCUMENTS, and the related figures from the California Manual on Uniform Traffic Control Devices ( CA MUTCD ) are included in the APPENDIX and made a part of these Special Provisions. All work shall conform to the above standards to the extent feasible; however, emphasis shall be given to matching dimensions of adjoining improvements, subject to concurrence of the Engineer. 20-1.02 PAYMENT - The contract bid price paid per linear foot for the various bid items of "THERMOPLASTIC TRAFFIC STRIPING" shall include full compensation for furnishing all tools, equipment and materials, and for doing all work involved in the application of thermoplastic traffic striping and raised pavement markers, per the Plans, the CALTRANS Standard Plans and the California Manual on Uniform Traffic Control Devices (CA MUTCD) Figures, the Standard Specifications, these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-63 The contract bid unit price paid per each for the various bid items of"THERMOPLASTIC TRAFFIC MARKING" shall be considered as full compensation for furnishing all tools, equipment and materials, and for doing all work involved in the application of thermoplastic pavement marking, per the Plans, the CALTRANS Standard Plans and the California Manual on Uniform Traffic Control Devices (CA MUTCD) Figures, the Standard Specifications, these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-64 SECTION 21 THROUGH SECTION 22 BLANK SP-65 SECTION 23 23-1 ROADSIDE SIGNS 23-1.01 GENERAL -- Relocation and new installation of road side signs and posts shall be installed at the locations shown on the Plans or where directed by the Engineer, and shall conform to the Standard Specifications and these Special Provisions. Signs and posts shall be installed in accordance with the City's Standard Drawing No. 504, and as directed by the Engineer. All signs installed shall be fabricated using .080 inch thick aluminum, except that"parking" signs may be .063 inch thick aluminum. 3M High Intensity Sheeting, or approved equal, shall be used, and Anti-graffiti film shall be applied to all signs. The contractor shall obtain approval from the engineer with regards to the final location of the signs. New installation shall not impede into required ADA access distance around obstacles. A minimum clearance of 48" shall be maintained. 23-1.02 PAYMENT -- The contract unit price paid per each for "INSTALL ROADSIDE SIGN on Single Post", "ROADSIDE SIG(S) on existing Street Light Standard" shall include full compensation for doing all the work necessary to furnish and install roadside signs and posts and to install roadside signs on existing street light standard complete in place, as shown on the Plans and as directed by the Engineer and no additional compensation will be allowed therefor. SP-66 SECTION 24 THROUGH SECTION 49 BLANK SP-67 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-68 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-69 PART III FEDERAL REQUIREMENTS The Prime Contractor of a Federal-Aid project shall physically include the required contract provisions contained in the following Federal Form 1273 in all subcontracts,lower tier subcontracts and purchase orders. Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment A SECTION 14 FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.—The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the (This form need not be filled in if all joint venture firms are statutes, rules and regulations promulgated by the Federal Gov- DBE owned.) ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract 1.Name of'oint venture Provisions, Federal-Aid Construction Contracts, "Form FHWA J 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer,""SHA resident engineer,"or"authorized representative of 2.Address of joint venture the SHA," such references shall be construed to mean Engineer' J as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.—In ad- dition to the provisions in Section I1, "Nondiscrimination," and 3.Phone number of joint venture Section VII, Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: 4.Identify the firms which comprise the joint venture. (The The bidder shall execute the CERTIFICATION WITH RE- GARD partner complete TO THE PERFORMANCE OF PREVIOUS CON- P P ) TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII a.Describe the role of the DBE firm in the joint venture. of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.—The provisions in this b.Describe very briefly the experience and business section are applicable to all contracts except contracts for Federal qualifications of each non-DBE joint venturer: Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf o1; the person, firm, 5.Nature of the joint venture's business association,or corporation to whom such contract is to be awarded, J certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the 6.Provide a copy of the joint venture agreement. submitted bid. A form to make the non-collusion affidavit 7 What is the claimed percentage of DBE ownership? statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC,Sec. 1746,is included in the proposal. PARTICIPATION BY DISADVANTAGED BUSINESS EN- 8.Ownership of joint venture: (This need not be filled in if TERPRISES IN SUBCONTRACTING.—Part 26, Title 49, Code of Federal Regulations applies to this Federal-aid project. described in the joint venture agreement, provided by question Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. 6•)• Schedule B—Information for Determining Joint Venture Eligibility Revised 3-95 08-07-95 FR-1 Page 12-65 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment A Profit and loss sharing. .............................................................................. a ............ b.Capital contributions,including equipment. Name of Firm Name of Firm c.Other applicable ownership interests. ...................................................................................................... 9.Control of and participation in this contract. Identify by Signature Signature name,race,sex,and"firm"those individuals(and their titles) who are responsible for day-today management and policy ..................Name ..........................................•Name.................. decision making, including, but not limited to, those with prime responsibility for: ...................................................................................................... Title Title a.Financial decisions ...................................................................................................... Date Date b.Management decisions,such as: Date 1.Estimating State of County of 2.Marketing and sales On this _ day of 19 _, before me 3_Hiring and firing of management personnel _ appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affi- 4.Purchasing of major items or supplies davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. c.Supervision of field operations Notary Public Commission expires Note. K after filing this Schedule B and before the completion of the joint venture's work on the contract covered [Seal] by this regulation, there is any significant change in the Date information submitted, the joint venture must inform the grantee, either directly or through the prime contractor if the State of joint venture is a subcontractor. Affidavit County of "The undersigned swear that the foregoing statements are On this _day of 19 , before me correct and include all material information necessary to identify eared a to me personally known, and explain the terns and operation of our joint venture and the PP (Name) intended participation by each joint venturer in the undertaking. g y who,being duly sworn,did execute the foregoing affidavit,and Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding did state that he or she was properly authorized by (Name of actual joint venture work and the payment therefor and any proposed changes in any of the joint venture arrangements and to execute the affidavit to permit the audit and examination of the books, records and fine) files of the joint venture,or those of each joint venturer relevant and did so as his or her free act and deed. to the joint venture,by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation No Public will be grounds for terminating any contract which may be �' awarded and for initiating action under Federal or State laws Commission expires concerning false statements. [Seal] Revised 3-95 08-07-95 FR-2 Page 12-66 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) 6.Selection of Labor: During the performance of this contract, Page the contractor shall not: 1. General ...................................................................... 3 a.discriminate against labor from any other State,possession, II. Nondiscrimination..................................................... 3 or territory of the United States (except for employment III. Non-segregated Facilities ..................... 5 preference for Appalachian contracts, when applicable, as IV. Payment of Predetermined Minimum Wage ............. 6 specified � reified in Attachment A or V. Statements and Payrolls ............................................ 8 VI. Record of Materials,Supplies,and Labor ................. 9 b.employ convict labor for any purpose within the limits the project unless it is labor performed by convects who are on VII. Subletting or Assigning the Contract ........................ 9 parole,supervised release,or probation. VIII. Safety: Accident Prevention ..................................... 10 IX. False Statements Concerning Highway Project.......... 10 II. NONDISCRIMINATION X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................................. 10 (Applicable to all Federal-aid construction contracts and to all XI. Certification Regarding Debarment,Suspension, related subcontracts of$10,000 or more.) Ineligibility,and Voluntary Exclusion ...................... 11 XII. Certification Regarding Use of Contract Funds for 1.Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take Lobbying g ................................................................... 12 affirmative action to assure equal opportunity as set forth under ATTACHMENTS laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- A.Employment Preference for Appalachian Contracts(included posed pursuant to 23 U.S.C. 140 shall constitute the EEO and in Appalachian contracts only) specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction I. GENERAL Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 1.These contract provisions shall apply to all work performed (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and on the contract by the contractor's own organization and with the 29 CFR 1630 are incorporated by reference in this contract. In the assistance of workers under the contractor's immediate execution of this contract,the contractor agrees to comply with the superintendence and to all work performed on the contract by following minimum specific requirement activities of EEO: piecework,station work,or by subcontract a.The contractor will work with the State highway agency 2.Except as otherwise provided for in each section, the (SHA) and the Federal Government in carrying out EEO contractor shall insert in each subcontract all of the stipulations obligations and in their review of his/her activities under the contained in these Required Contract Provisions, and further contract. require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions b.The contractor will accept as his operating policy the shall not be incorporated by reference in any case. The prime following statement: contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required "It is the policy of this Company to assure that applicants are Contract Provisions. employed and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, 3.A breach of any of the stipulations contained in these age or disability. Such action shall include: employment, Required Contract Provisions shall be sufficient grounds for upgrading, demotion, or transfer; recruitment or recruitment termination of the contract. advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including 4.A breach of the following clauses of the Required Contract apprenticeship,pre-apprenticeship,and/or on-the-job training." Provisions may also be grounds for debarment as provided in 29 CFR 5.12: 2.EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will Section I,paragraph 2; have the responsibility for and must be capable of effectively Section IV,paragraphs 1,2,3,4,and 7; Section V,paragraphs 1 and 2a through 2g. 5.Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5,6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and the contracting agency,the DOL,or the contractor's employees or their representatives. Form 1273—Revised 3-95 08-07-95 FR-3 Page 12-67 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B administering and promoting an active contractor program of EEO refer minority group applicants for employment. Information and who must be assigned adequate authority and responsibility to aanll regard to referring minority group do so. applicants be discussed employees. 3.Dissemination of Policy: All members of the contractor's 5.Personnel Actions: Wages, working conditions, and staff who are authorized to hire,supervise,promote,and discharge employee benefits shall be established and administered, and employees, or who recommend such action, or who are personnel actions of every type, including hiring, upgrading, substantially involved in such action,will be made fully cognizant promotion, transfer, demotion, layoff, and termination, shall be of and will implement, the contractor's EEO policy and taken without regard to race, color, religion, sex, national origin, contractual responsibilities to provide EEO in each grade and age or disability. The following procedures shall be followed: classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a minimum: a.The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities a.Periodic meetings of supervisory and personnel office do not indicate discriminatory treatment of project site employees will be conducted before the start of work and then personnel. not less often than once every six months, at which time the contractor's EEO policy and its implementation will be b.The contractor will periodically evaluate the spread of reviewed and explained. The meetings will be conducted by the wages paid within each classification to determine any evidence EEO Officer. of discriminatory wage practices. b.All new supervisory or personnel office employees will be c.The contractor will periodically review selected personnel given a thorough indoctrination by the EEO Officer,covering all actions in depth to determine whether there is evidence of major aspects of the contractor's EEO obligations within thirty discrimination. Where evidence is found, the contractor will days following their reporting for duty with the contractor. promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such c.All personnel who are engaged in direct recruitment for the corrective action shall include all affected persons. project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d.The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with d.Notices and posters setting forth the contractor's EEO his obligations under this contract,will attempt to resolve such policy will be placed in areas readily accessible to employees, complaints, and will take appropriate corrective action within a applicants for employment and potential employees. reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, e.The contractor's EEO policy and the procedures to such collective action shall include such other persons. Upon implement such policy will be brought to the attention of completion of each investigation, the contractor will inform employees by means of meetings,employee handbooks,or other every complainant of all of his avenues of appeal. appropriate means. 6.Training and Promotion: 4.Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the a.The contractor will assist in locating, qualifying, and notation: "An Equal Opportunity Employer." All such increasing the skills of minority group and women employees, advertisements will be placed in publications having a large and applicants for employment. circulation among minority groups in the area from which the project work force would normally be derived. b.Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the a.The contractor will,unless precluded by a valid bargaining contractor shall make frill use of training programs, i.e., agreement, conduct systematic and direct recruitment through apprenticeship, and on-the-job training programs for the public and private employee referral sources likely to yield geographical area of contract performance. Where feasible, 25 qualified minority group applicants. To meet this requirement, percent of apprentices or trainees in each occupation shall be in the contractor will identify sources of potential minority group their first year of apprenticeship or training. In the event a employees, and establish with such identified sources special provision for training is provided under this contract,this procedures whereby minority group applicants may be referred subparagraph will be superseded as indicated in the special to the contractor for employment consideration. provision. b.In the event the contractor has a valid bargaining agreement c.The contractor will advise employees and applicants for providing for exclusive hiring hall referrals, he is expected to employment of available training programs and entrance observe the provisions of that agreement to the extent that the requirements for each. system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of d.The contractor will periodically review the training and such agreements have the effect of discriminating against promotion potential of minority group and women employees minorities or women,or obligates the contractor to do the same, and will encourage eligible employees to apply for such training such implementation violates Executive Order 11246, as and promotion. amended.) c.The contractor will encourage his present employees to Form 1273—Revised 3-95 08-07-95 FR-4 Page 12-68 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B 7.Unions: If the contractor relies in whole or in part upon records as necessary to document compliance with the EEO unions as a source of employees, the contractor will use his/her requirements. Such records shall be retained for a period of three best efforts to obtain the cooperation of such unions to increase years following completion of the contract work and shall be opportunities for minority groups and women within the unions, available at reasonable times and places for inspection by au- and to effect referrals by such unions of minority and female thorized representatives of the SHA and the FHWA. employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures a.The records kept by the contractor shall document the set forth below: following: a.The contractor will use best efforts to develop, in coop- (1)The number of minority and non-minority group eration with the unions,joint training programs aimed toward members and women employed in each work classification on qualifying more minority group members and women for the project; membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher (2)The progress and efforts being made in cooperation paying employment. with unions, when applicable, to increase employment op- portunities for minorities and women; b.The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will (3)The progress and efforts being made in locating,hiring, be contractually bound to refer applicants without regard to their training, qualifying, and upgrading minority and female race,color,religion,sex,national origin,age or disability. employees;and c.The contractor is to obtain information as to the referral (4)The progress and efforts being made in securing the practices and policies of the labor union except that to the extent services of DBE subcontractors or subcontractors with such information is within the exclusive possession of the labor meaningful minority and female representation among their union and such labor union refuses to furnish such information employees. to the contractor,the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such b.The contractors will submit an annual report to the SHA information. each July for the duration of the project, indicating the number of minority, women, and non-minority group employees d.In the event the union is unable to provide the contractor currently engaged in each work classification required by the with a reasonable flow of minority and women referrals within contract work. This information is to be reported on Form the time limit set forth in the collective bargaining agreement, FHWA-1391. If on-the-job training is being required by special the contractor will,through independent recruitment efforts, fill provision, the contractor will be required to collect and report the employment vacancies without regard to race, color, training data- religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group III NONSEGREGATED FACILITIES persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective (Applicable to all Federal-aid construction contracts and to all bargaining agreement providing for exclusive referral failed to related subcontracts of$10,000 or more.) refer minority employees.) In the event the union referral prac- tice prevents the contractor from meeting the obligations a By submission of this bid,the execution of this contract or pursuant to Executive Order 11246, as amended, and these subcontract, or the consummation of this material supply special provisions, such contractor shall immediately notify the agreement or purchase order,as appropriate,the bidder,Federal- SHA. aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain S.Selection of Subcontractors, Procurement of Materials or provide for its employees any segregated facilities at any of and Leasing of Equipment: The contractor shall not discriminate its establishments, and that the firm does not permit its on the grounds of race, color,religion,sex,national origin, age or employees to perform their services at any location, under its disability in the selection and retention of subcontractors,including control, where segregated facilities are maintained. The firm procurement of materials and leases of equipment. agrees that a breach of this certification is a violation of the EEO provisions of this contract The firm finther certifies that no a.The contractor shall notify all potential subcontractors and employee will be denied access to adequate facilities on the suppliers of his/her EEO obligations under this contract. basis of sex or disability. I b.Disadvantaged business enterprises(DBE),as defined in 49 b.As used in this certification,the tern"segregated facilities" CFR 26, shall have equal opportunity to compete for and means any waiting rooms, work areas, restrooms and perform subcontracts which the contractor enters into pursuant washrooms, restaurants and other eating areas, time clocks, to this contract. The contractor will use his best efforts to solicit locker rooms, and other storage or dressing areas, parking lots, bids from and to utilize DBE subcontractors or subcontractors drinking fountains, recreation or entertainment areas, with meaningful minority group and female representation transportation, and housing facilities provided for employees among their employees. Contractors shall obtain lists of DBE which are segregated by explicit directive, or are, in fact, seg- construction firms from SHA personnel. regated on the basis of race,color,religion,national origin,age or disability,because of habit, local custom, or otherwise. The c.The contractor will use his best efforts to ensure subcon- only exception will be for the disabled when the demands for tractor compliance with their EEO obligations. accessibility override(e.g.disabled parking). 9.Records and Reports: The contractor shall keep such Form 1273—Revised 3-95 0"7-95 FR-5 Page 12-69 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B c.The contractor agrees that it has obtained or will obtain 2.Classification: identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of The S14A contracting officer shall require that any class of material supply agreements of$10,000 or more and that it will laborers or mechanics employed under the contract,which is not retain such certifications in its files. listed in the wage determination, shall be classified in conformance with the wage determination. IV. PAYMENT OF PREDETERMINED MUC1MUM WAGE b.The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the to all Federal-aid construction contracts exceeding following criteria have been met: (Applicable g $2,000 and to all related subcontracts, except for projects located l the work to be performed b the additional classifi- roadways classified as local roads or rural minor collectors, cation requested is not performed b w y a classification in the which are exempt.) ti wage determination; 1.General: (2)the additional classification is utilized in the area by the a.All mechanics and laborers employed or working upon the construction industry; site of the work will be paid unconditionally and not less often (3)the proposed wage rate, including any bona fide fringe than once a week and without subsequent deduction or rebate on benefits, bears a reasonable relationship to the wage rates any account[except such payroll deductions as are permitted by contained in the wage determination;and regulations(29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C.276c) the full amounts of wages (4)with respect to helpers, when such a classification and bona fide fringe benefits(or cash equivalents thereof)due at prevails in the area in which the work is performed. time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the c.If the contractor or subcontractors, as appropriate, the Secretary of Labor(hereinafter"the wage determination")which laborers and mechanics(if known)to be employed in the addi- is attached hereto and made a part hereof regardless of any tional classification or their representatives,and the contracting contractual relationship which may be alleged to exist between officer agree on the classification and wage rate(including the the contractor or its subcontractors and such laborers and amount designated for fringe benefits where appropriate), a mechanics. The wage determination (including any additional report of the action taken shall be sent by the contracting officer classifications and wage rates conformed under paragraph 2 of to the DOL, Administrator of the Wage and Hour Division, this Section IV and the DOL poster (WH-1321) or Form Employment Standards Administration, Washington, D.C. FHWA-1495)shall be posted at all times by the contractor and 20210. The Wage and Hour Administrator, or an authorized its subcontractors at the site of the work in a prominent and representative, will approve, modify, or disapprove every accessible place where it can be easily seen by the workers. For additional classification action within 30 days of receipt and so the purpose of this Section, contributions made or costs advise the contracting officer or will notify the contracting reasonably anticipated for bona fide fringe benefits under officer within the 30-day period that additional time is Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C.276a) on necessary. behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of Section d.In the event the contractor or subcontractors, as appro- IV,paragraph 3b,hereof. Also,for the purpose of this Section, ate the laborers or mechanics to be employed in the addi- regular contributions made or costs incurred for more than a tional� classification or their representatives,and the contracting weekly period (but not less often than quarterly) under plans, officer do not agree on the proposed classification and wage rate funds, or programs, which cover the particular weekly period, (including the amount designated for fringe benefits, where are deemed to be constructively made or incurred during such appropriate), the contracting officer shall refer the questions, weekly period. Such laborers and mechanics shall be paid the including the views of all interested parties and the appropriate wage rate and fringe benefits on the wage deter- recommendation of the contracting officer, to the Wage and mination for the classification of work actually performed, Hour Administrator for determination. Said Administrator, or without regard to skill,except as provided in paragraphs 4 and 5 an authorized representative, will issue a determination within of this Section IV. 30 days of receipt and so advise the contracting officer or will b.Laborers or mechanics performing work in more than one notify the contracting officer within the 30-day period that classification may be compensated at the rate specified for each additional time is necessary classification for the time actually worked therein,provided,that e.The wage rate(including fringe benefits where appropriate) the employer's payroll records accurately set forth the time determined pursuant to paragraph 2c or 2d of this Section IV spent in each classification in which work is performed. shall be paid to all workers performing work in the additional c.All rulings and interpretations of the Davis-Bacon Act and classification from the first day on which work is performed in the classification. related acts contained m 29 CFR 1,3,and 5 are herein incorporated by reference in this contract. 3.Payment of Fringe Benefits- a.Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor or subcontractors, as appropriate, shall either pay the benefit Form 1273—Revised 3-95 08-07-95 FR-6 Page 12-70 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B as stated in the wage determination or shall pay another bona (4)In the event the Bureau of Apprenticeship and Training, fide fringe benefit or an hourly case equivalent thereof or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the b.If the contractor or subcontractor, as appropriate, does not contractor or subcontractor will no longer be permitted to make payments to a trustee or other third person, he/she may utilize apprentices at less than the applicable predetermined consider as a part of the wages of any laborer or mechanic the rate for the comparable work performed by regular employees amount of any costs reasonably anticipated in providing bona until an acceptable program is approved. fide fringe benefits under a plan or program,provided, that the Secretary of Labor has found, upon the written request of the b.Trainees: contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the (1)Except as provided in 29 CFR 5.16,trainees will not be contractor to set aside in a separate account assets for the permitted to work at less than the predetermined rate for the meeting of obligations under the plan or program. work performed unless they are employed pursuant to and individually registered in a program which has received prior 4.Apprentices and Trainees(Programs of the U.S.DOL) approval, evidenced by formal certification by the DOL, and Helpers: Employment and Training Administration. a.Apprentices: (2)The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan (1)Apprentices will be permitted to work at less than the approved by the Employment and Training Administration. predetermined rate for the work they performed when they are Any employee listed on the payroll at a trainee rate who is not employed pursuant to and individually registered in a bona registered and participating in a training plan approved by the fide apprenticeship program registered with the DOL, Employment and Training Administration shall be paid not Employment and Training Administration, Bureau of less than the applicable wage rate on the wage determination Apprenticeship and Training, or with a State apprenticeship for the classification of work actually performed. In addition, agency recognized by the Bureau,or if a person is employed any trainee performing work on the job site in excess of the in his/her first 90 days of probationary employment as an ratio permitted under the registered program shall be paid not apprentice in such an apprenticeship program, who is not less than the applicable wage rate on the wage determination individually registered in the program, but who has been for the work actually performed. certified by the Bureau of Apprenticeship and Training or a (3)Every trainee must be paid at not less than the rate State apprenticeship agency(where appropriate)to be eligible specified in the approved program for his/her level of for probationary employment as an apprentice. progress, expressed as a percentage of the journeyman-level (2)The allowable ratio of apprentices to journeyman-level hourly rate specified in the applicable wage determination. employees on the job site in any craft classification shall not Trainees shall be paid fringe benefits in accordance with the be greater than the ratio permitted to the contractor as to the provisions of the trainee program. If the trainee program does entire work force under the registered program. Any not mention fringe benefits, trainees shall be paid the full employee listed on a payroll at an apprentice wage rate, who amount of fringe benefits listed on the wage determination is not registered or otherwise employed as stated above, shall unless the Administrator of the Wage and Hour Division be paid not less than the applicable wage rate listed in the determines that there is an apprenticeship program associated wage determination for the classification of work actually with the corresponding journeyman-level wage rate on the performed. In addition, any apprentice performing work on wage determination which provides for less than full fringe the job site in excess of the ratio permitted under the benefits for apprentices, in which case such trainees shall re- registered program shall be paid not less than the applicable ceive the same fringe benefits as apprentices. wage rate on the wage determination for the work actually (4)In the event the Employment and Training Adminis- performed. Where a contractor or subcontractor is tration withdraws approval of a training program, the con- performing construction on a project in a locality other than tractor or subcontractor will no longer be permitted to utilize that in which its program is registered, the ratios and wage trainees at less than the applicable predetermined rate for the rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's work performed until an acceptable program is approved. registered program shall be observed. c.Helpers: (3)Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level Helpers will be permitted to work on a project if the helper of progress, expressed as a percentage of the journeyman- classification is specified and defined on the applicable wage level hourly rate specified in the applicable wage determination or is approved pursuant to the conformance determination. Apprentices shall be paid fringe benefits in procedure set forth in Section IV.2. Any worker listed on a accordance with the provisions of the apprenticeship program. payroll at a helper wage rate, who is not a helper under an If the apprenticeship program does not specify fringe benefits, approved definition,shall be paid not less than the applicable apprentices must be paid the full amount of fringe benefits wage rate on the wage determination for the classification of listed on the wage determination for the applicable work actually performed. classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. Form 1273—Revised 3-95 08-07-95 FR-7 Page 12-71 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B 5.Apprentices and Trainees(Programs of the U.S.DOT): 9.Withholding for Unpaid Wages and Liquidated Damages: Apprentices and trainees working under apprenticeship and skill The SHA shall upon its own action or upon written request of training programs which have been certified by the Secretary of any authorized representative of the DOL withhold,or cause to be Transportation as promoting EEO in connection with Federal-aid withheld,from any moneys payable on account of work performed highway construction programs are not subject to the requirements by the contractor or subcontractor under any such contract or any of paragraph 4 of this Section IV. The straight time hourly wage other Federal contract with the same prime contractor,or any other rates for apprentices and trainees under such programs will be federally-assisted contract subject to the Contract Work Hours and established by the particular programs. The ratio of apprentices Safety Standards Act,which is held by the same prime contractor, and trainees to journeymen shall not be greater than permitted by such sums as may be determined to be necessary to satisfy any the terms of the particular program. liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 6.Withholding: 8 above. The SHA shall upon its own action or upon written request of an V. STATEMENTS AND PAYROLLS authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract (Applicable to all Federal-aid construction contracts exceeding or any other Federal contract with the same prime contractor, or $2,000 and to all related subcontracts, except for projects located any other federally-assisted contract subject to Davis-Bacon on roadways classified as local roads or rural collectors,which are prevailing wage requirements which is held by the same prime exempt.) contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including 1.Compliance with Copeland Regulations(29 CFR 3): apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the The contractor shall comply with the Copeland Regulations of contract. In the event of failure to pay any laborer or mechanic, the Secretary of Labor which are herein incorporated by reference. including any apprentice,trainee, or helper,employed or working on the site of the work, all or part of the wages required by the 2.Payrolls and Payroll Records: contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the a.Payrolls and basic records relating thereto shall be suspension of any further payment,advance,or guarantee of funds maintained by the contractor and each subcontractor during the until such violations have ceased. course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, 7.Overtime Requirements: mechanics,apprentices,trainees,watchmen,helpers,and guards working at the site of the work. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of b.The payroll records shall contain the name, social security laborers, mechanics, watchmen, or guards (including apprentices, number, and address of each such employee; his or her correct trainees, and helpers described in paragraphs 4 and 5 above)shall classification; hourly rates of wages paid (including rates of require or permit any laborer, mechanic, watchman, or guard in contributions or costs anticipated for bona fide fringe benefits or any workweek in which he/she is employed on such work,to work cash equivalent thereof the types described in Section I(b)(2)(B) in excess of 40 hours in such workweek unless such laborer, of the Davis Bacon Act); daily and weekly number of hours mechanic,watchman,or guard receives compensation at a rate not worked; deductions made; and actual wages paid. In addition, less than one-and-one-half times his/her basic rate of pay for all for Appalachian contracts, the payroll records shall contain a hours worked in excess of 40 hours in such workweek. notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, 8.Violation: paragraph 1. Whenever the Secretary of Labor,pursuant to Sec- tion IV,paragraph 3b,has found that the wages of any laborer or Liability for Unpaid Wages; Liquidated Damages: In the event mechanic include the amount of any costs reasonably anticipated of any violation of the clause set forth in paragraph 7 above, the in providing benefits under a plan or program described in contractor and any subcontractor responsible thereof shall be liable Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and to the affected employee for his/her unpaid wages. In addition, each subcontractor shall maintain records which show that the such contractor and subcontractor shall be liable to the United commitment to provide such benefits is enforceable, that the States(in the case of work done under contract for the District of plan or program is financially responsible, that the plan or Columbia or a territory, to such District or to such territory) for program has been communicated in writing to the laborers or liquidated damages. Such liquidated damages shall be computed mechanics affected, and show the cost anticipated or the actual with respect to each individual laborer, mechanic, watchman, or cost incurred in providing benefits. Contractors or guard employed in violation of the clause set forth in paragraph 7, subcontractors employing apprentices or trainees under in the sum of$10 for each calendar day on which such employee approved programs shall maintain written evidence of the was required or permitted to work in excess of the standard work registration of apprentices and trainees, and ratios and wage week of 40 hours without payment of the overtime wages required rates prescribed in the applicable programs. by the clause set forth in paragraph 7. Form 1273—Revised 3-95 08-07-95 FR-8 Page 12-72 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident VI. RECORD OF MATERIALS,SUPPLIES,AND engineer a payroll of wages paid each of its employees LABOR (including apprentices,trainees,and helpers,described in Section 1. On all Federal-aid contracts on the National Highway IV, paragraphs 4 and 5, and watchmen and guards engaged on System, except those which provide solely for the installation of work during the preceding weekly payroll period). The payroll protective devices at railroad grade crossings, those which are submitted shall set out accurately and completely all of the constructed on a force account or direct labor basis, highway information required to be maintained under paragraph 2b of this beautification contracts, and contracts for which the total final Section V. This information may be submitted in any form construction cost for roadway and bridge is less than $1,000,000 desired.Optional Form WH-347 is available for this purpose and (23 CFR 635);the contractor shall: may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government a. Become familiar with the list of specific materials and Printing Office, Washington, D.C.20402. The prime contractor supplies contained in Form FHWA-47,"Statement of Materials is responsible for the submission of copies of payrolls by all and Labor Used by Contractor of Highway Construction subcontractors. Involving Federal Funds,"prior to the commencement of work under this contract. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or b. Maintain a record of the total cost of all materials and subcontractor or his/her agent who pays or supervises the supplies purchased for and incorporated in the work, and also payment of the persons employed under the contract and shall of the quantities of those specific materials and supplies listed certify the following: on Form FHWA-47, and in the units shown on Form FHWA- 47. (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of c.Furnish,upon the completion of the contract,to the SHA this Section V and that such information is correct and resident engineer on Form FHWA-47 together with the data complete; required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total (2) that such laborer or mechanic (including each helper, hours worked and the total amount earned. apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, 2. At the prime contractor's option, either a single report without rebate, either directly or indirectly, and that no covering all contract work or separate reports for the contractor deductions have been made either directly or indirectly from and for each subcontract shall be submitted. the full wages earned,other than permissible deductions as set VII. SUBLETTING OR ASSIGNING THE CONTRACT forth in the Regulations,29 CFR 3; (3)that each laborer or mechanic has been paid not less that 1. The contractor shall perform with its own organization the applicable wage rate and fringe benefits or cash equivalent contract work amounting to not less than 30 percent(or a greater for the classification of worked performed, as specified in the percentage if specified elsewhere in the contract) of the total applicable wage determination incorporated into the contract. original contract price,excluding any specialty items designated by the State.Specialty items may be performed by subcontract and the e_ The weekly submission of a properly executed certification amount of any such specialty items performed may be deducted set forth on the reverse side of Optional Form WH-347 shall from the total original contract price before computing the amount satisfy the requirement for submission of the "Statement of of work required to be performed by the contractor's own Compliance"required by paragraph 2d of this Section V. organization(23 CFR 635). f. The falsification of any of the above certifications may a. "Its own organization"shall be construed to include only subject the contractor to civil or criminal prosecution under 18 workers employed and paid directly by the prime contractor U.S-C. 1001 and 31 U.S.C.231. and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or g. The contractor or subcontractor shall make the records equipment of a subcontractor, assignee, or agent of the prime required under paragraph 2b of this Section V available for contractor. inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall b. "Specialty Items" shall be construed to be limited to permit such representatives to interview employees during work that requires highly specialized knowledge, abilities, or working hours on the job. If the contractor or subcontractor fails equipment not ordinarily available in the type of contracting to submit the required records or to make them available, the organizations qualified and expected to bid on the contract as a SHA,the FHWA,the DOL,or all may,after written notice to the whole and in general are to be limited to minor components of contractor, sponsor, applicant, or owner, take such actions as the overall contract. may be necessary to cause the suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required records upon request or to make such records Form 1273—Revised 95 available may be grounds for debarment action pursuant to 29 CFR 5.12. FR-9 Page 12-73 LPP 08-04 December 31,2008 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B 2.The contract amount upon which the requirements set forth in garding the seriousness of these and similar acts, the following paragraph 1 of Section VII is computed includes the cost of notice shall be posted on each Federal-aid highway project (23 material and manufactured products which are to be purchased or CFR 635)in one or more places where it is readily available to all produced by the contractor under the contract provisions. persons concerned with the project: 3.The contractor shall furnish(a)a competent superintendent or NOTICE TO ALL PERSONNEL ENGAGED ON supervisor who is employed by the firm,has full authority to direct FEDERAL-AID HIGHWAY PROJECTS performance of the work in accordance with the contract requirements, and is in charge of all construction operations 18 U.S.C. 1020 reads as follows: (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and "Whoever being an officer, agent, or employee of the United engineering services)as the SHA contracting officer determines is States, or any State or Territory, or whoever, whether a person, necessary to assure the performance of the contract. association, firm, or corporation, knowingly makes any false statement,false representation, or false report as to the character, 4.No portion of the contract shall be sublet, assigned or quality, quantity, or cost of the material used or to be used, or the otherwise disposed of except with the written consent of the SHA quantity or quality of the work performed or to be performed or contracting officer, or authorized representative, and such consent the cost thereof in connection with the submission of plans, maps, when given shall not be construed to relieve the contractor of any specifications, contracts, or costs of construction on any highway responsibility for the fulfillment of the contract. Written consent or related project submitted for approval to the Secretary of will be given only after the SHA has assured that each subcontract Transportation;or is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Whoever knowingly makes any false statement, false repre- sentation,false report or false claim with respect to the character, VIII. SAFETY:ACCIDENT PREVENTION quality, quantity, or cost of any work performed or to be per- formed, or materials furnished or to be furnished, in connection 1.In the performance of this contract the contractor shall with the construction of any highway or related project approved comply with all applicable Federal,State,and local laws governing by the Secretary of Transportation;or safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment Whoever knowingly makes any false statement or false repre- and take any other needed actions as it determines,or as the SHA setation as to material fact in any statement, certificate, or report contracting officer may determine, to be reasonably necessary to submitted pursuant to provisions of the Federal-aid Roads Act protect the life and health of employees on the job and the safety of approved July 1, 1916, (39 Stat. 355), as amended and sW- the public and to protect property in connection with the plemented,• performance of the work covered by the contract. Shall be fined not more that $10,000 or imprisoned not more 2.It is a condition of this contract,and shall be made a condition than 5 years or both." of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not X. IMPLEMENTATION OF CLEAN AIR ACT AND permit any employee, in performance of the contract, to work in FEDERAL WATER POLLUTION CONTROL ACT surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under (Applicable to all Federal-aid construction contracts and to all construction safety and health standards (29 CFR 1926) related subcontracts of$100,000 or more.) promulgated by the Secretary of Labor,in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 By submission of this bid or the execution of this contract, or U.S.C.333). subcontract, as appropriate, the bidder, Federal-aid construction 3.Pursuant to 29 CFR 1926.3, it is a condition of this contract contractor,or subcontractor,as appropriate,will be deemed to have stipulated as follows: that the Secretary of Labor or authorized representative thereof, p shall have right of entry to any site of contract performance to 1.That any facility that is or will be utilized in the performance inspect or investigate the matter of compliance with the of this contract,unless such contract is exempt under the Clean Air construction safety and health standards and to carry out the duties Act, as amended(42 U.S.C. 1857 et seq., as amended by Pub. L. of the Secretary under Section 107 of the Contract Work Hours 91-604), and under the Federal Water Pollution Control Act, as and Safety Standards Act(40 U.S.C.333), amended(33 U.S.C. 1251 et seq.,as amended by Pub.L.92-500), Executive Order 11738,and regulations in implementation thereof IX. FALSE STATEMENTS CONCERNING HIGHWAY (40 CFR 15) is not listed, on the date of contract award, on the PROJECTS U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 2.That the firm agrees to comply and remain in compliance with degree of reliability on statements and representations made by all the requirements of Section 114 of the Clean Air Act and engineers, contractors, suppliers, and workers on Federal-aid Section 308 of the Federal Water Pollution Control Act and all highway projects,it is essential that all persons concerned with the regulations and guidelines listed thereunder. project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis- 3.That the firm shall promptly notify the SHA of the receipt of representation with respect to any facts related to the project is a any communication from the Director,Office of Federal Activities, violation of Federal law. To prevent any misunderstanding re- EPA, indicating that a facility that is or will be utilized Form 1273—Revised 3-95 08-07-95 FR-10 Page 12-74 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B for the contract is under consideration to be listed on the EPA List g.The prospective primary participant further agrees by of Violating Facilities. submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility 4.That the firm agrees to include or cause to be included the and Voluntary Exclusion-Lower Tier Covered Transaction," requirements of paragraph 1 through 4 of this Section X in every provided by the department or agency entering into this covered nonexempt subcontract, and further agrees to take such action as transaction, without modification, in all lower tier covered the government may direct as a means of enforcing such re- transactions and in all solicitations for lower tier covered quirements. transactions. XI. CERTIFICATION REGARDING DEBARMENT, h.A participant in a covered transaction may rely upon a SUSPENSION,INELIGIBILITY AND VOLUNTARY certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or EXCLUSION voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may 1.Instructions for Certification-Primary Covered decide the method and frequency by which it determines the Transactions: eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of (Applicable to all Federal-aid contracts-49 CFR 29) Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the a.By signing and submitting this proposal, the prospective General Services Administration. primary participant is providing the certification set out below. i.Nothing contained in the foregoing shall be construed to b.The inability of a person to provide the certification set out require establishment of a system of records in order to render in below will not necessarily result in denial of participation in this good faith the certification required by this clause. The covered transaction. The prospective participant shall submit an knowledge and information of participant is not required to explanation of why it cannot provide the certification set out exceed that which is normally possessed by a prudent person in below. The certification or explanation will be considered in the ordinary course of business dealings. connection with the department or agency's determination t for transactions authorized under paragraph f of whether to enter into this transaction. However, failure of the j Except prospective primary participant to furnish a certification or an these instructions, if a participant in a covered transaction explanation shall disqualify such a person from participation in knowingly enters into a lower tier covered transaction with a this transaction. person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to c.The certification in this clause is a material representation other remedies available to the Federal Government, the of fact upon which reliance was placed when the department or department or agency may terminate this transaction for cause or agency determined to enter into this transaction. If it is later default. determined that the prospective primary participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency Certification Regarding Debarment, may terminate this transaction for cause of default. Suspension,Ineligibility and Voluntary d.The prospective primary participant shall provide Exclusion—Primary Covered Transactions immediate written notice to the department or agency to whom 1.The prospective rim participant certifies to the best of this proposal is submitted if any time the prospective primary P sP primary P P participant learns that its certification was erroneous when its knowledge and belief;that it and its principals: submitted or has become erroneous by reason of changed a.Are not presently debarred, suspended, proposed for circumstances. debarment, declared ineligible, or voluntarily excluded from e.The terms "covered transaction," "debarred," "suspended," covered transactions by any Federal department or agency; "ineligible," "lower tier covered transaction," "participant," b.Have not within a 3-year period preceding this proposal "person,""primary covered transaction,""principal,""proposal," and "voluntarily excluded," as used in this clause, have the been convicted of or had a civil judgment rendered against meanings set out in the Definitions and Coverage sections of them for commission of fraud or a criminal offense in rules implementing Executive Order 12549. You may contact connection with obtaining, attempting to obtain, or the department or agency to which this proposal is submitted for performing a public (Federal, State or local) transaction or assistance in obtaining a copy of those regulations. contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft, f The prospective primary participant agrees by submitting forgery, bribery, falsification or destruction of records, this proposal that, should the proposed covered transaction be making false statements,or receiving stolen property; entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, c.Are not presently indicted for or otherwise criminally or declared ineligible,or voluntarily excluded from participation in civilly charged by a governmental entity (Federal, State or this covered transaction,unless authorized by the department or local) t 1b of commission certification;f ny fatnha offenses enumerated in agency entering into this transaction. paragraph Form 1273—Revised 3-95 0"7-95 FR-11 Page 12-75 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B d.Have not within a 3-year period preceding this ap- required to,check the Nonprocurement List. plication/proposal had one or more public transactions (Federal,State or local)terminated for cause or default. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in 2.Where the prospective primary participant is unable to good faith the certification required by this clause. The certify to any of the statements in this certification, such knowledge and information of participant is not required to prospective participant shall attach an explanation to this exceed that which is normally possessed by a prudent person in proposal. the ordinary course of business dealings. * **** i.Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction 2.Instructions for Certification-Lower Tier Covered knowingly enters into a lower tier covered transaction with a Transactions: excluded who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to (Applicable to all subcontracts,purchase orders and other lower other remedies available to the Federal Government, the (APP department or agency with which this transaction originated may tier transactions of$25,000 or more-49 CFR 29) pursue available remedies, including suspension and/or a.By signing and submitting this proposal, the prospective debarment. lower tier is providing the certification set out below. *,� b.The certification in this clause is a material representation Certification Regarding Debarment, of fact upon which reliance was placed when this transaction Suspension,Ineligibility and Voluntary was entered into. If it is later determined that the prospective Exclusion-Lower Tier Covered Transactions lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the 1.The prospective lower tier participant certifies, by Federal Government,the department or agency with which this submission of this proposal,that neither it nor its principals is transaction originated may pursue available remedies, including presently debarred, suspended, proposed for debarment, suspension and/or debarment. declared ineligible,or voluntarily excluded from participation c.The prospective lower tier participant shall provide in this transaction by any Federal department or agency. immediate written notice to the person to which this proposal is 2.Where the prospective lower tier participant is unable to submitted if at any time the prospective lower tier participant certify to any of the statements in this certification, such learns that its certification was erroneous by reason of changed prospective participant shall attach an explanation to this circumstances. proposal. d.The terms "covered transaction," "debarred," "suspended," *f "ineligible," "primary covered transaction," "participant, "person,""principal,""proposal,"and'voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions NIL CERTIFICATION REGARDING USE OF and Coverage sections of rules implementing Executive Order CONTRACT FUNDS FOR LOBBYING 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed$100,000-49 CFR 20) e.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be 1.The prospective participant certifies, by signing and entered into, it shall not knowingly enter into any lower tier submitting this bid or proposal,to the best of his or her knowledge covered transaction with a person who is debarred, suspended, and belief,that: declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or a.No Federal appropriated funds have been paid or will be paid, agency with which this transaction originated. by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal f.The prospective lower tier participant further agrees by agency, a Member of Congress, an officer or employee of submitting this proposal that it will include this clause titled Congress,or an employee of a Member of Congress in connection "Certification Regarding Debarment, Suspension, Ineligibility with the awarding of any Federal contract, the making of any and Voluntary Exclusion-Lower Tier Covered Transaction," Federal grant,the making of any Federal loan,the entering into of without modification, in all lower tier covered transactions and any cooperative agreement, and the extension, continuation, in all solicitations for lower tier covered transactions. renewal, amendment, or modification of any Federal contract, grant,loan,or cooperative agreement. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered b.If any funds other than Federal appropriated funds have been transaction that is not debarred, suspended, ineligible, or paid or will be paid to any person for influencing or attempting to voluntarily excluded from the covered transaction, unless it influence an officer or employee of any Federal agency,a Member knows that the certification is erroneous. A participant may of Congress, an officer or employee of Congress,or an employee decide the method and frequency by which it determines the of a Member of Congress in connection with this Federal contract, eligibility of its principals. Each participant may, but is not Form 1273—Revised 3-95 0&07-95 FR-12 Page 12-76 LPP 01-04 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B grant, loan, or cooperative agreement, the undersigned shall be subject to a civil penalty of not less than$10,000 and not more complete and submit Standard Form-LLL, "Disclosure Form to than$100,000 for each such failure. Report Lobbying,"in accordance with its instructions. •- 3.The prospective participant also agrees by submitting his or 2.This certification is a material representation of fact upon her bid or proposal that he or she shall require that the language of which reliance was placed when this transaction was made or this certification be included in all lower tier subcontracts, which entered into. Submission of this certification is a prerequisite for exceed $100,000 and that all such recipients shall certify and making or entering into this transaction imposed by 31 U.S.C. disclose accordingly. 1352. Any person who fails to file the required certification shall Female and Minority Goals To comply with Section IL"Nondiscrimination,"of"Required Contract Provisions Federal-Aid Construction Contracts,"the following are goals for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed$10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization[45 Fed Reg 65984(10/3/1980)]are as follows: Minority Utilization Goals Goal Economic Area ercent) 174 Redding CA: Non-SMSA Counties: 6.8 CA Lassen;CA Modoc;CA Plumas;CA Shasta;CA Siskiyou;CA Tehama 175 Eureka,CA Non-SMSA Counties: 6.6 CA Del Norte;CA Humboldt;CA Trinity 176 San Francisco-Oakland-San Jose,CA: SMSA Counties: 7120 Salinas-Seaside-Monterey,CA 28.9 CA Monterey 7360 San Francisco-Oakland 25.6 CA Alameda;CA Contra Costa;CA Marin;CA San Francisco;CA San Mateo 7400 San Jose,CA CA Santa Clara,CA 19.6 7485 Santa Cruz,CA CA Santa Cruz 14.9 7500 Santa Rosa CA Sonoma 9.1 8720 Vallejo-Fairfield-Napa,CA CA Napa;CA Solano 17.1 Non-SMSA Counties: CA Lake;CA Mendocino;CA San Benito 23.2 177 Sacramento,CA: SMSA Counties: 6920 Sacramento,CA 16.1 CA Placer;CA Sacramento;CA Yolo Non-SMSA Counties 14.3 CA Butte;CA Colusa;CA El Dorado;CA Glenn;CA Nevada;CA Sierra;CA Sutter;CA Yuba FR-13 Page 12-77 LPP 09-02 July 31,2009 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B Goal Economic Area (Percent) 178 Stockton-Modesto,CA: SMSA Counties: 5170 Modesto,CA 12.3 CA Stanislaus 8120 Stockton,CA 24.3 CA San Joaquin Non-SMSA Counties 19.8 CA Alpine;CA Amador;CA Calaveras;CA Mariposa;CA Merced;CA Toulumne 179 Fresno-Bakersfield,CA SMSA Counties: 0680 Bakersfield,CA 19.1 CA Kern 2840 Fresno,CA 26.1 CA Fresno Non-SMSA Counties: 23.6 CA Kings;CA Madera;CA Tulare 180 Los Angeles,CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove,CA 11.9 CA Orange 4480 Los Angeles-Long Beach,CA 283 CA Los Angeles 6000 Oxnard-Simi Valley-Ventura,CA 21.5 CA Ventura 6780 Riverside-San Bernardino-Ontario,CA 19.0 CA Riverside;CA San Bernardino 7480 Santa Barbara-Santa Maria-Lompoc,CA 19.7 CA Santa Barbara Non-SMSA Counties 24.6 CA Inyo;CA Mono;CA San Luis Obispo 181 San Diego,CA: SMSA Counties 7320 San Diego,CA 16.9 CA San Diego Non-SMSA Counties 18.2 CA Imperial For each July during which work is performed under the contract,you and each non-material-supplier subcontractor with a subcontract of $10,000 or more must complete Form F14WA PR-1391 (Appendix C to 23 CFR 230).Submit the forms by August 15. Training This section applies if a number of trainees or apprentices is specified in the special provisions. As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. FR-14 Page 12-78 LPP 09-02 July 31,2009 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B You have primary responsibility for meeting this training requirement. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the City of San Bernardino: 1. Number of apprentices or trainees to be trained for each classification. 2. Training program to be used. 3. Training starting date for each classification. Obtain the City of San Bernardino approval for this submitted information before you start work. The City of San Bernardino credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees,to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts,do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status,or in which the employee has been employed as a journeyman. 2. Who is not registered in a program approved by the US Department of Labor,Bureau of Apprenticeship and Training. Ask the employee if the employee has successfully completed a training course leading to journeyman status, or has been employed as a journeyman. Your records must show the employee's answers to the questions. In your training program, establish the minimum length and training type for each classification. The City of San Bernardino and F14WA approves a program if one of the following is met: 1. It is calculated to: 1.1. Meet your equal employment opportunity responsibilities. 1.2. Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period. 2. It is registered with the U.S.Department of Labor,Bureau of Apprenticeship and Training and it is administered in a way consistent with the equal employment responsibilities of federal-aid highway construction contracts. Obtain the State's approval for your training program before you start work involving the classification covered by the program. FR-15 Page 12-78b LPP 09-02 July 31,2009 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The City of San Bernardino reimburses you 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training. 2. For off-site training if the apprentice or trainee is currently employed on a federal-aid project and you do at least one of the following: 2.1. Contribute to the cost of the training. 2.2. Provide the instruction to the apprentice or trainee. 2.3. Pay the apprentice's or trainee's wages during the off-site training period. 3. If you comply with this section. Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill. 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification,or until the apprentice or trainee has completed the training program. Furnish the apprentice or trainee: 1. Copy of the program you will comply with in providing the training. 2. Certification showing the type and length of training satisfactorily completed. Maintain records and submit reports documenting your performance under this section. FR-16 Page 12-78b LPP 09-02 July 31,2009 k g \ e 2 7 k\ o §wGk2 2 : k 2 � � 2� m \ / § z z k \ IS z j \ u f 7 ) / ? ■ / / �§ \ Q ` V � \ $ G_ E \o \ 7 � j § ¢ @ 2 % d � / � � Of R & � / \ k § U _ \ ƒ Q a ƒ 0 7 g § 2w b A $< w QO \ z ® 2 % \ \ 7 2 $ \ 2§ 4 \ z \/ / & ( \q � < o / Z 2 �k \ & / \\ \ q e m � © 2k \ 0 � _■ � ! � .. j � q ■& 2 \ $ /d /k f / � w}z z ® �� 3 �/ « E§ / Local Assistance Proved tres Manual Disadvantaged Business Enterprise(DIRE)Certification Status C=hange Form CP-CEM 2403(F)(New 10/99) DISADVANTAGED BUSINESS ENTERPRISES(DBE)CHANGE IN CERTIFICATION STATUS REPORT The top of the form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles, the Administering Agency, the Contract Completion Date, and the Estimated Contract Amount. It requires the Prime Contractor's name and Business Address. The focus of the form is to substantiate and verify the actual DBE dollar amount paid to contractors on federally funded projects that had a changed in Certification status during the course of the completion of the contract. The two situations that are being addressed by CP-CEM 2403(F)are, if a firm certified as a DBE and doing work on the contract during the course of the project becomes Decertified, and if a non-DBE firm doing work on the contract during the course of the project becomes Certified as a DBE. The form has a column to enter the Contract Item No(or Item Nos.)as well as a column for the Subcontractor's Name,Business Address,Business Phone,and contractor's Certification Number. The column entitled Amount Paid While Certified will be used to enter the actual dollar value of the work performed by those contractors who meet the conditions as outlined above during the time period they are Certified as a DBE. This column on the CP-CEM-2403(F)should only reflect the dollar value of work performed while the firm was Certified as a DBE. The column called Certification/Decertification Date (Letter attached) will reflect either the date of the Decertification Letter sent out by the Civil Rights Program or the date of the Certification Certificate mailed out by the Civil Rights Program. There is a box to check that support documentation is attached to the CP-CEM-2403 (F)form. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM-2403(F)has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM-2403(F)has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. FR-18 Page 17-21 July 21,?005 APPENDIX FEDERAL MINIMUM WAGES (Applicable 10 Business Days prior to the Date of Bid Opening) STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION 10-1. REMOVE YELLOW TRAFFIC STRIPE AND PAVEMENT MARKING (HAZARDOUS WASTE) GENERAL Summary This work includes removing existing yellow thermoplastic and yellow painted traffic stripe and pavement marking at the locations shown on the plans. The residue from the removal of this material is a hazardous waste. Residue from removal of yellow thermoplastic and yellow painted traffic stripe and pavement marking contains lead chromate. The average lead concentration is greater than or equal to 1000 mg/kg total lead or 5 mg/l soluble lead. When applied to the roadway, the yellow thermoplastic and yellow painted traffic stripe and pavement marking contained as much as 2.6 percent lead. Residue produced from the removal of this yellow thermoplastic and yellow painted traffic stripe and pavement marking contains heavy metals in concentrations that exceed thresholds established by the Health and Safety Code and 22 CA Code of Regs. For bidding purposes, assume that the residue is not regulated under the Federal Resource Conservation and Recovery Act (RCRA), 42 USC § 6901 et seq.. Yellow thermoplastic and yellow paint may produce toxic fumes when heated. Submittals Lead Compliance Plan: Submit a lead compliance plan under Section 7-1.07, "Lead Compliance Plan," of the Standard Specifications. Work Plan: Submit a work plan for the removal, containment, storage, and disposal of yellow thermoplastic and yellow painted traffic stripe and pavement marking for acceptance not less than 15 days prior to the start of the removal operations. The work plan must include: 1. Objective of the operation 2. Removal equipment 3. Type of hazardous waste storage containers 4. Container storage location and how it will be secured 5. Hazardous waste sampling protocol and QA/QC requirements and procedures 6. Qualifications of sampling personnel 7. Analytical lab that will perform the analyses 8. Certification documentation of the hazardous waste hauler that will transport the hazardous waste 9. Disposal site that will accept the hazardous waste residue The Engineer will review the work plan within 5 business days of receipt. Do not perform work that generates hazardous waste residue until the work plan has been accepted by the Engineer. The Engineer's review and acceptance does not waive any contract requirements and does not relieve the Contractor from complying with Federal, State, and local laws, regulations, and requirements. Correct any rejected work plan and resubmit a corrected work plan within 5 business days of notification by the Engineer; at which time a new review period of 5 business days will begin. Analytical Test Results: Submit analytical test results of the residue from removal of yellow thermoplastic and yellow painted traffic stripe and pavement marking, including chain of custody documentation, for review and acceptance before: 1. Requesting the Engineer's signature on the waste profile requested by the disposal facility 2. Requesting the Engineer obtain an EPA ID no. for disposal 3. Removing the residue from the site United States Environmental Protection Agency Identification Number Request: Submit a request for the U.S. EPA ID no. when the Engineer accepts analytical test results documenting that residue from removal of yellow thermoplastic and yellow painted traffic stripe and pavement marking is a hazardous waste. Disposal Documentation: Submit receiving landfill documentation of proper disposal within 5 business days of residue transport from the project. CONSTRUCTION Where grinding or other approved methods are used to remove yellow thermoplastic and yellow painted traffic stripe and pavement marking that will produce a hazardous waste residue, the removed residue, including dust, must be contained and collected immediately. Use a HEPA filter-equipped vacuum attachment operated concurrently with the removal operations or other equally effective approved methods for collection of the residue. Store hazardous waste residue in labeled and covered containers. Labels must comply with the provisions of 22 CA Code of Regs §§66262.31 and 66262.32. Mark labels with: 1. Date the hazardous waste is generated 2. The words "Hazardous Waste" 3. Composition and physical state of the hazardous waste (for example, asphalt grindings with thermoplastic or paint) 4. The word "Toxic" 5. Name,address, and telephone no. of the Engineer 6. Contract no. 7. Contractor or subcontractor name Use metal containers approved by the U.S. Department of Transportation for the transportation and temporary storage of the removed residue. Handle the containers such that no spillage occurs. Store containers in a secured enclosure. Acceptable secure enclosures include a locked chain link fenced area or a lockable shipping container located within the project limits until disposal as approved. Make necessary arrangements to test the yellow thermoplastic and yellow paint hazardous waste residue as required by the disposal facility and these special provisions. Testing must include, at a minimum: 1. Total lead by EPA Method 6010C 2. Total chromium by US EPA Method 7000 series 3. Soluble lead by California Waste Extraction Test 4. Soluble chromium by California Waste Extraction Test 5. Soluble lead by Toxicity Characteristic Leaching Procedure 6. Soluble chromium by Toxicity Characteristic Leaching Procedure From the 1 st 220 gallons of hazardous waste or portion thereof if less than 220 gallons of hazardous waste are produced, a minimum of 4 randomly selected samples must be taken and analyzed individually. Samples must not be composited. From each additional 880 gallons of hazardous waste or portion thereof if less than 880 gallons are produced, a minimum of 1 additional random sample must be taken and analyzed. Use chain of custody procedures consistent with Chapter 9 of U.S. EPA Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846) while transporting samples from the project to the laboratory. Each sample must be homogenized before analysis by the laboratory performing the analyses. A sample aliquot sufficient to cover the amount necessary for the total and the soluble analyses must then be taken. This aliquot must be homogenized a 2nd time and the total and soluble analyses run on this aliquot. The homogenization process must not include grinding of the samples. Submit the name and location of the disposal facility that will be accepting the hazardous waste and the analytical laboratory along with the testing requirements not less than 5 business days before the start of removal of yellow thermoplastic and yellow painted traffic stripe and pavement marking. The analytical laboratory must be certified by the CA Department of Public Health Environmental Laboratory Accreditation Program for all analyses to be performed. After the Engineer accepts the analytical test results, dispose of yellow thermoplastic and yellow paint hazardous waste residue at a Class 1 disposal facility located in CA under the requirements of the disposal facility operator within—days after accumulating 220 pounds of residue and dust. If less than 220 pounds of hazardous waste residue and dust is generated in total, it must be disposed of within—days after the start of accumulation of the residue and dust. Use a hazardous waste manifest and a transporter registered with the CA Department of Toxic Substance Control. The Engineer will obtain the U.S. EPA ID no. and will sign all manifests as the generator within 2 business days of receiving and accepting the analytical test results and receiving your request for the U.S. EPA ID no. If analytical test results demonstrate that the residue is a non–hazardous waste and the Engineer agrees, dispose of the residue at an appropriately permitted Class II or Class III facility under Section 7- 1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. MEASUREMENT AND PAYMENT The contract price paid per linear foot for remove yellow thermoplastic traffic stripe and remove yellow painted traffic stripe or per square foot for remove yellow thermoplastic pavement marking and remove yellow painted pavement marking includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work involved in removal, containment, storage, and disposal, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Full compensation for (1) work plan for the removal, containment, storage, and disposal of yellow thermoplastic and yellow painted traffic stripe and pavement marking hazardous waste residue, (2) analytical test results, (3) US EPA ID no. request, and (4) receiving landfill documentation of proper disposal are included in the contract prices paid per linear foot for remove yellow thermoplastic traffic stripe and remove yellow painted traffic stripe or per square foot for remove yellow thermoplastic pavement marking and remove yellow painted pavement marking and no separate payment will be made therefor. Additional disposal costs for hazardous waste residue regulated under RCRA, as determined by test results, will be paid for as extra work as specified in Section 4-1.03D, 'Extra Work," of the Standard Specifications. 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' ills=i iiii -- �vlriaa �_ii_QQ-,�=__.iiv _i_i_a�ass lRia v®rcaw vlva�® -ill ie=s aai_av�„_ av ii till==iiili e avvii iiiie__i_� ��al�m =Willi i! a ll v_e =i W-MwMMMM_� �'!!®i �oeesii�sa ��i®!liliilis eaa��:g����-� ®�aaa��ma'��63i aiaaaalal S���m®m!_A►l� laai ll .ls isae� aa�mii ®e��,+is�®__s_i A°=>wi3 Ski v>�v=-a_i/ gran ��Ai v®iii is•a�.m sc+raa imp. mss. �9TAo 5:i ���3�'�R��,-��i_ v mommy �'iaa we vlevw®���$�i �.4.BT�E.E:+c- -'t]a.`a9ffi iffi�li�® —aO la`s® f•livei�ai®!- �i.a.-i��.m l�cffi��Y �as.7a�la� !i 0 __ X96888 9A969� /Ii�ia'�i►/v� v ii is ills as i-a-a-aa- sa iaaaa�ia..as.� ii'�a=ai=as ii aaaiaaa�a�aa aaavvv=aa-i_ iifiav��- vim• �aaavaavvvav I�e,�iiiil.aa �i�aaaaia>iI �aa�a�aa.w�i ----- iiiiiiiiii �i�� iiii aaaaaaaiaa�i vvav�� _�-_ a vavvavva iii aaaisaa=aiaa ___-_�- I iiiaaiaaaa\ as as==aavaa ii�iaaaaaa i� av avaai ii�aaiaaa�i� aaa®aaavii l si iiiaaiii ii /ii.�ii�avaa\ • a�iaaaaaa®aa =iaiar�iaai'i iaaaaaiaa�i� vavviaa aavvavvvv a�i - aaaiai..aaaaa �iaai��saaa� Ii�aa.ii�iaa�i\� ii si ► ii iat ii sas ii iavvaaaavaaa iaii�aaaiisa • I�i�ri s i0/s®� ®avi i--i-i iaaa aaaiaaiaa iii iiv ii aia-vv siv va�iaii�saaisi v� ��IM!■!'Mond-------- ai lwirrr!i iiiaaiiiii ®z= ® ___a --aaaaasaaaa mz si � =i sas=ia sis ii llii��% WINE■�I!!l►�r!! + !o!!molm!!!!i! !!!IN!!!! !lnaP-F�9!!i■ ai iiiaaiii ii iiiiiiiiii ai ►%/�!�!!�%!1-,�/ ii iiiaaii�ii ===--iiiii ii ' ■`-���!! ii isi ii is ii ®iiaaaaaa.�aa a ai��„�a���®®--- i si i a ���� �s®erg®i�.i��� �■ ®/ lsaia�� - I®iaa®imiaaa at����_ __ ii aaaaaaar li �� iiaa® is�ii�aaaaaii '/ R,1!! =--i-iiiiiiiiii is I�i�iaia i►iiii /��1.'!! _ -----ii ii lass ii aiaa =�L�.. aaaasaia sivvv�aava®� i a aaaa aa CALIFORNIA MUTCD STANDARDS California MUTCD 2014 Edition Page 258 (FHWA's MUTCD 2009 Edition,including Revisions 1&2,as amended for use in California) Standard: 06 Warning signs regarding conditions associated with school buses and schools and their related supplemental plaques shall have a black legend and border on a fluorescent yellow-green background(see Section 713.07). 07 The use of educational plaques to supplement symbol signs is described in Section 2A.12. Section 2C.04 Size of Warning Signs Standard: of Except as provided in Section 2A.11,the sizes for warning signs shall be as shown in Table 2C-2 and 2C- ' 2(CA). Support: 02 Section 2A.11 contains information regarding the applicability of the various columns in Table 2C-2 and 2C- 2(CA). Standard: 03 Except as provided in Paragraph 5,the minimum size for all diamond-shaped warning signs facing traffic on a multi-lane conventional road where the posted speed limit is higher than 35 mph shall be 36 x 36 inches. 04 The minimum size for supplemental warning plaques that are not included in Table 2C-2 and 2C-2(CA) I shall be as shown in Table 2C-3. Option: 05 If a diamond-shaped warning sign is placed on the left-hand side of a multi-lane roadway to supplement the installation of the same warning sign on the right-hand side of the roadway,the minimum size identified in the Single Lane column in Table 2C-2 and 2C-2(CA)may be used. 06 Signs and plaques larger than those shown in Tables 2C-2 and 2C-3 may be used(see Section 2A.11). Guidance: 07 The minimum size for all diamond-shaped warning signs facing traffic on exit and entrance ramps should be the size identified in Table 2C-2 and 2C-2(CA)for the mainline roadway classification(Expressway or Freeway). If a minimum size is notprovided in the Freeway Column, the Expressway size should be used. If a minimum size is not provided in the Freeway or the Expressway Column, the Oversized size should be used Section 2C.05 Placement of Warning Signs Support: of For information on placement of warning signs,see Sections 2A.16 to 2A.21. 02 The time needed for detection,recognition,decision,and reaction is called the Perception-Response Time (PRT). Table 2C-4 is provided as an aid for determining warning sign location. The distances shown in Table 2C- 4 can be adjusted for roadway features,other signing,and to improve visibility. Guidance: 03 Warning signs should be placed so that they provide an adequate PRT. The distances contained in Table 2C- 4 are for guidance purposes and should be applied with engineeringjudgment. Warning signs should not be placed too far in advance of the condition, such that drivers might tend to forget the warning because of other driving distractions, especially in urban areas. 04 Minimum spacing between warning signs with different messages should be based on the estimated PRT for driver comprehension of and reaction to the second sign. 05 The effectiveness of the placement of warning signs should be periodically evaluated under both day and night conditions. Option: 06 Warning signs that advise road users about conditions that are not related to a specific location,such as Deer Crossing or SOFT SHOULDER,may be installed in an appropriate location,based on engineering judgment, since they are not covered in Table 2C-4. Standard: o7 Warning signs shall be installed in accordance with the general requirements for sign placement as described in Sections 2A.16 to 2A.21 and as shown in Figure 2A•3. Chapter 2C—Warning Signs and Object Markers November 7,2014 Part 2-Signs California MUTCD 2014 Edition Page 259 (FHWA's MUTCD 2009 Edition,including Revisions 1&2,as amended for use in California) Section 2C.06 Horizontal Alignment Warning Signs Support: of A variety of horizontal alignment warning signs(see Figure 2C-1),pavement markings(see Chapter 313),and delineation(see Chapter 3F)can be used to advise motorists of a change in the roadway alignment. Uniform application of these traffic control devices with respect to the amount of change in the roadway alignment conveys a consistent message establishing driver expectancy and promoting effective roadway operations. The design and application of horizontal alignment warning signs to meet those requirements are addressed in Sections 2C.06 through 2C.15. Standard: 02 In advance of horizontal curves on freeways,on expressways,and on roadways with more than 1,000 AADT that are functionally classified as arterials or collectors,horizontal alignment warning signs shall be used in accordance with Table 2C-5 based on the speed differential between the roadway's posted or statutory speed limit or 85th-percentile speed,whichever is higher, or the prevailing speed on the approach to the curve,and the horizontal curve's advisory speed. Option: 03 Horizontal Alignment Warning signs may also be used on other roadways or on arterial and collector roadways with less than 1,000 AADT based on engineering judgment. Section 2C.07 Horizontal Alignment Signs (W1-1 through W1-5,W1-11,W1-15) Standard: of If Table 2C-5 indicates that a horizontal alignment sign(see Figure 2C-1)is required,recommended, or allowed,the sign installed in advance of the curve shall be a Curve(Wl-2)sign unless a different sign is recommended or allowed by the provisions of this Section. 02 A Turn(W1-1)sign shall be used instead of a Curve sign in advance of curves that have advisory speeds of 30 mph or less(see Figure 2C-2). Guidance: 03 Where there are two changes in roadway alignment in opposite directions that are separated by a tangent distance of less than 600 feet, the Reverse Turn(WI-3)sign should be used instead of multiple Turn (WI-1)signs and the Reverse Curve(WI-4)sign should be used instead of multiple Curve (WI-2)signs. Support: o3a Refer to Section 2C.10 for Reverse Turn/Advisory Speed(W4-1(CA))sign or Reverse Curve/Advisory Speed(W4- 18(CA))signs(see Figure 2C-1(CA)). Option: 04A Winding Road(W1-5)sign may be used instead of multiple Turn(W1-1)or Curve(W1-2)signs where there are three or more changes in roadway alignment each separated by a tangent distance of less than 600 feet. Guidance: o4a The Winding Road(W1-5)sign should be used where there is a series of turns or curves which requires driving caution, and where curve or turn signs would be too numerous to be effective. This sign should be erected in advance of the second curve of the winding section of highway. The first curve should be marked with a curve or turn sign and an Advisory Speed (W13-1P)plaque. Where the winding road is 1 mile or more in length, a Next Distance(W7-3a)plaque should supplement the W1-5 sign. Where any of the curves has an advisory speed that is 10 mph or more below that of the first curve then it should be posted with a curve or turn sign and an Advisory Speed(W13-1 P)plaque. Option: 04b The WINDING LEVEE ROAD(SW22-1(CA))sign(see Figure 2C-1(CA))may be used to warn road users of the roadway alignment where the use of curve warning signs have been determined not to be appropriate. w The Speed/Distance(SW22-1A(CA))plaque(see Figure 2C-1(CA))may be installed below the SW22-1(CA)sign.The Next Distance(W7-3a)plaque may be used when there is no advisory speed. Standard: om If used,the Speed/Distance(SW22.1A(CA))plaque shall be installed below the SW22-1(CA)sign. 05 A NEXT XX MILES (W7-3aP)supplemental distance plaque(see Section 2C.55)may be installed below the Winding Road sign where continuous roadway curves exist for a specific distance. Chapter 2C—Warning Signs and Object Markers November 7,2014 Part 2-Signs California MUTCD 2014 Edition Page 273 (FHWA's MUTCD 2009 Edition,including Revisions 1&2,as amended for use in California) Standard: o2b The W55(CA)signs shall be removed or covered when the condition no longer exists. Option: o2c The FLASH FLOOD AREA(SW35(CA))sign(see Figure 2C-6(CA))may be used in advance of depressions in the highway alignment that are subject to flash flooding. Option: 03 The GUSTY WINDS AREA(W8-21)sign(see Figure 2C-6)may be used to warn road users that wind gusts frequently occur along a section of highway that are strong enough to impact the stability of trucks,recreational vehicles,and other vehicles with high centers of gravity. A NEXT XX MILES(W7-3a)supplemental plaque may be mounted below the W8-21 sign to inform road users of the length of roadway that frequently experiences strong wind gusts. o4 The FOG AREA(W8-22)sign(see Figure 2C-6)may be used to warn road users that foggy conditions frequently reduce visibility along a section of highway.A NEXT XX MILES(W7-3a)supplemental plaque may be mounted below the W8-22 sign to inform road users of the length of roadway that frequently experiences foggy conditions. Support os The Federal Highway Administration has encouraged use of the phrase WHEN FLOODED TURN AROUND DON'T DROWN as an official warning sign. Option: o6 WHEN FLOODED TURN AROUND DON'T DROWN(W87(CA))sign(see Figure 2C-6(CA))may be installed at low- water crossings or at bridges or culverts which cannot pass high flood flows. Guidance: 03 If used, WHEN FLOODED TURN AROUND DON'T DROWN W87(CA)sign should be installed at locations where stream waters flooding across a road have made passage unsafe. Section 2C.36 Advance Traffic Control Signs(W3-1,W3-2,W3-3,W3-4) Standard: of The Advance Traffic Control symbol signs(see Figure 2C-6)include the Stop Ahead(W3-1),Yield Ahead(W3-2),and Signal Ahead(W3-3)signs.These signs shall be installed on an approach to a primary traffic control device that is not visible for a sufficient distance to permit the road user to respond to the device(see Table 2C-4).The visibility criteria for a traffic control signal shall be based on having a continuous view of at least two signal faces for the distance specified in Table 4D-2. Support: 02 Figure 2A-4 shows the typical placement of an Advance Traffic Control sign. 03 Permanent obstructions causing the limited visibility might include roadway alignment or structures. Intermittent obstructions might include foliage or parked vehicles. Guidance: 04 Where intermittent obstructions occur, engineering judgment should determine the treatment to be implemented. Option: os An Advance Traffic Control sign may be used for additional emphasis of the primary traffic control device, even when the visibility distance to the device is satisfactory. 06 An advance street name plaque(see Section 2C.58)may be installed above or below an Advance Traffic Control sign. 07 A warning beacon may be used with an Advance Traffic Control sign. 07a A BE PREPARED TO STOP(W34)sign(see Figure 2C-6)may be used in advance of a traffic control device that could require motorists to stop,such as a traffic control signal or a STOP sign. os A BE PREPARED RED TO STOP(SX3 A)sign(see Agwe 21C 6)WATCH FOR STOPPED VEHICLES(SW60(CA)) sign(see Figure 2C-6(CA))may be used to warn motorists of stopped traffic eaused by a tr-a4f^eentfol signal er-such as in advance of a section of roadway that regularly experiences traffic congestion. Chapter 2C—Warning Signs and Object Markers November 7,2014 Part 2-Signs California MUTCD 2014 Edition Page 274 (FHWA's MUTCD 2009 Edition,including Revisions 1&2,as amended for use in California) Standard: o9 When a BE PREPARED TO STOP sign is used in advance of a traffic control signal,it shall be used in addition to a Signal Ahead sign and shall be placed downstream from the Signal Ahead(W3-3)sign. Option: io The BE PREPARED TO STOP(W3-4)sign or WATCH FOR STOPPED VEHICLES(SW60(CA))sign may be supplemented with a warning beacon(see Section 4L.03). 2 C- 12). Support: 12 Section 2C.40 contains information regarding the use of a NO MERGE AREA(W4-5P)supplemental plaque in conjunction with a Yield Ahead sign. Standard: 13 WHEN FLASHING(WI 6-13P)plaque shall not be used to supplement the BE PREPARED TO STOP(W34)sign or WATCH FOR STOPPED VEHICLES(SW60(CA))sign. Support: 14 Studies indicate that the W16-13P plaque is generally not effective as a warning device for motorists approaching signalized intersections.Not using the W16-13P plaque also addresses the situation when a warning beacon is inoperative for any reason. Guidance: 15 The Stop Ahead sign(W3-1)should not be used in the approach to an intersection where there is channelization and the majority of the traffic turns to the right without being required to stop. Option: 16 The STOP AHEAD pavement markings may be placed in accordance with Section 313.20. 17 The SIGNAUSTOP AHEAD Arrow sign(SW26(CA))may be used in the head-on position(left side)where W3-1 and W3- 3 signs have proven ineffective. Guidance. to The W3-1 and W3-3 signs should be left in place when the SW26(CA)sign is placed. Section 2C.37 Advance Ramp Control Signal Signs(W3-7 and W3-8) Support: oo For State highways,see Caltrans'Ramp Metering Design Manual. See Section 1A.11 for information regarding this publication. Option: of A RAMP METER AHEAD(W3-7)sign(see Figure 2C-6)may be used to warn road users that a freeway entrance ramp is metered and that they will encounter a ramp control signal(see Chapter 41). Guidance: 02 When the ramp control signals are in operation a RAMP METERED WHEN FLASHING (W3-8)sign(see Figure 2C-6), or an internally illuminated"METER ON"indication, or an extinguishable"PREPARE TO STOP"message sign should be installed in advance of the ramp control signal near the entrance to the ramp, or on the arterial on the approach to the ramp, to alert road users to the presence and operation of ramp meters. Standard: 03 The RAMP METERED WHEN FLASHING sign shall be supplemented with a warning beacon(see Section 4L.03)that flashes when the ramp control signal is in operation. Section 2C.38 Reduced Speed Limit Ahead Signs (W3-5,W3-5a) Guidance: of A Reduced Speed Limit Ahead(W3-5 or W3-5a) sign(see Figure 2C-7)should be used to inform road users of a reduced speed zone where the speed limit is being reduced by more than 10 mph, or where engineering judgment indicates the need for advance notice to comply with the posted speed limit ahead. Chapter 2C—Warning Signs and Object Markers November 7,2014 Part 2-Signs California MUTCD 7 -31 (F2W&%NWTCD203 including Revisions I and 2,as amended for use»California) Figure 2C- Roadway Condition and Advance Traffic Cont of Signs W31- W2* WAS' W34 . , . . .. v . . .z WS-1 W8-2 Wƒ8 W4 §§§ 777 W8-8 W 8-9 w ® W8-9a W8-12 . W 13 W17 1 -an optional wad message sign is shown in the"Standard Highway 9 gns'book. Chapter 2C-Warning%p» &mom 21,20± Part 2-Signs California MUTCD Page 2C-34 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 2C-6. Merging and Passing Signs t: s. W4-1 W4-2 W4-3 W4-5 W4-6 l8 3 W9-1 W9-2 W14-3 W16-9p Figure 2C-6 (CA). Merging and Passing Signs W11-1 (CA) W44A (CA) W51 (CA) W59-1 (CA) W73 (CA) W73A (CA) W4-7 or W74 (CA) W74-1 (CA) W75-1 (CA) W83 (CA) Chapter 2C—Warning Signs January 21,2010 Part 2-Signs California MUTCD Page 2C-42 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Table 2C-2, Warning Sign Sizes Description Conventional Express- Freeway Minimum Oversized Shape Sign Series Road way * WI, W2, W7. 750 x 750 900 x 900 1200 x 1200 600 x 60 W8. W9. W11, (30 x 30) (36 x 36) (48 x 48) (24 x 24) W14, W15-1 Diamond W17-1 Vt11 Combination. 900 x 900 1200 x 1 200 x 750 x 750 W3. W4, W5. (36 x 36) 1200 1200 (30 x 30) a� W6. W8-3. (48 x 48) (48 x 48) W10, W12 WI - Arrows 1200 x 600 900 x 450 1500 x 750 (48 x 24) (36 x 18) (60 x 30) W1 - Chevron 450 x 600 750 x 900 900 0200 300 x 450 (18 x 24) (30 x 36) (36 x 48) (12 x 18) Rectangular W7-4 1950 x 1200 1950 x 1200 1950 x 1200 (78 x 48) (78 x 48) (78 x 48) W7-4b, 4c 1950 x 1500 1950 x 1500 1950 x 1500 (78 x 60) (78 x 60) (78 x 60) W10-9. 10 600 x 450 (24 x 18) W1 2-2p 2100 x 600 2100 x 600 2100 x 600 (84 x 24) (84 x 24) (84 x 24) W13-2, 3, 5. 600 x. 750 9000200 1200 1200 x 600 x 750 1200 x W26 (24 x 30) (36 x 48) 1500 (24 x 30) 1500 (48 x 60) (48 x 60) W1 4-3 900 x 1200 750 x 1000 1200 x 1600 x 1200 x 1000 x 1600 l Pennant (36 x 48 x (30 x 40 x (48 x 64 x 48) 40) 64) Circular W10-1 900 (36) 1200 (48) 750 (30) 1200 (48) Dia. Dia. Dia. Dia. Notes: 1. Larger signs may be used when appropriate 2. Dimensions are shown in millimeters followed by inches in parentheses and are shown as width x height ` - Includes Arterial Higr,way"(Street; as defined in Section 1A_13 Chapter 2C—Warning Signs January 21,2010 Part 2-Signs California MUTCD Page 2C-43 (FHWA's MUTCD 2003 including Revisions I and 2,as amended for use in California) Table 2C-3. Minimum Size of Supplemental Warning Plaques Size of Supplemental Plaque Size of Rectangular Warning Sign Square 1 Line 2 Lines Arrow 600 x 600 (24 x 24) 600 x 300(24 x 12) 600 x 450(24 x 18) 600 x 300(24 x 12) 450 x 450(18 x 18) 750 x 750 (30 x 30) 900 x 900 (36 x 36) 750 x 450(30 x 18) 750 x 600(30 x 24) 750 x 450(30 x 18) 600 x 600(24 x 24) 1200 x 1200(48 x 48 Notes: 1 Larger supplemental plaques may be used when appropriate 2_ Dimensions are shown in millimeters followed by inches in parentheses and are shown as width x height (This space left intentionally blank) Chapter 2C-Warning Signs January 21,2010 Part 2-Signs California MUTCD Page 3A-5 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 3A-142(CA). Lane Lines - Multilane Highways POLICY FOR OR DETAIL 8 Lane Line pattern for use on multilane streets 14.64m(49 ft) and highways (normally used on local streets 2.14m 5.18m 214m 5.18m 2.14 m' and highways). 17 ft) (17 ft) (7 ft) (17 ft) (7 ft) 0 DETAIL 9 Lane Line pattern with pavement markers for use 1464m(48R) ' on multilane streets, highways and freeway 2.59m 2.14 ml 5.18m 2.14ml 2.99m tamps. tea, (8.5 ft) ' (7 ft) 1 (17 ft) (7 ft)1 (8.5 ft) ® ® ® 0 DETAIL 10 Lane Line pattern with pavement markers for use 14.64m(48ft) on multilane streets, highways and freeway 2A4 m' 2.44 m;. 4.88 m 2A4 m 244 m I ramps. .y (aft) (aft) f (16 ft) (a ft) (8 ft) I a 000 000 01 1.22 m(4 ft) 112 m(4 ft) •' i 4 • •• • DETAIL 11 Lane Line pattern for use on multilane streets 14.64m(48ft) and highways (normally used on local streets and highways). 466m(12ft)• 1038m(36ft) 166m(12 ft) 1 DETAIL 12 Lane Line pattern with pavement markers for use 14.64 m(48 ft) on multilane conventional streets and highways, State freeways, expressways, freeway ramps, 5,49m(18ft) 13,66m(12ft)i 5.49m(18ft) freeway to freeway connectors and collector 0 ® (] roads. See Detail 14A. DETAIL 13 Lane Line pattern with pavement markers for use 14.64 m(48 ft) on State freeways,expressways,freeway ramps, freeway to freeway connectors and collector 5.49 m f18 ft) 3.66 m(12 ft} 5.49 m(18 ft) roads. See Detail 14. a 0 000 u 1.22 m(41t} DETAIL 14 Lane Line pattern with red-clear pavement: 43.92 m(144 ft) markers shall be used on freeways approaching t4.64 in(48 ft) 14.64 m(48111 14.64 m(481st exit ramps. Detail 14 is used with Detail 13 and Detail 14A is used with Detail 12, in a pattern of t' o cco -1 01000 01 o o o four red-clear pavement markers,at intervals as 3.66 m i 22 m;4 ft) shown. DETAIL 14 or 14A (12t) RED-CLEAR MARKER PATTERN -. DETAIL 14A 43.92 m(144 ftf •► _. 1 -► r 14,64 m(48 ft1 14.64 m(48 R) 14.64 m As ft1 _► �� -► -+ 3.66m 3.66m 1.66m s,u*' 4u?i 4Nr -1,121) 112ft) (12$) LEGEND DETAIL 12 or 13 1� 100 mm(4 in)White 01 One-Way Clear Retroreflective Markers 0 Non-Retroreflective White Markers —4' Direction of Travel 0 Red-Clear Retrorefiective Markers NOT TO SCALE Chapter 3A-General January 21,2010 Part 3 -Markings California MUTCD Page 3A-1 I (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 3A-108 (CA). Two-Way Leff-Turn Lanes DETAIL 31 POLICY Two-way left-turn lane pattern for use on streets and highways (normally used on local streets and highways). See Note 2. =75 mm(3 in) 166 M 3® 3®3.10.(10 ft)to 3.16 (12 ft)t (12 R) 10.98 m(36 ft) ( (1® 10.98 m(36 ft) (12 R) ®-75 mm(3 in) [7777 77 DETAIL 32 POLICY Two-way left-tum lane pattern for use on streets and highways. See Note 2. 29.2E m(96 ft) ♦� 7.32 m(24 ft} ( 7.32 m(24 ft) i 7.32 m(24 ft) ( 7.32 m(24 fQ 7.32 m(24 ft) 7.32 m(24 ft) 0 0 0 0 0 ®50mm(2inj =75 mm(3 in( © 3® 3.66 1 t I(® 3.tOm(10 ft)to3.86m(i2 ft) ± 5.49m(18R)! (12 f!{ SA9m(idfl} 5.49.{18ft} ( 5.49m(18fl) ( 5.49m(i8ft) (12 ft) 5.<9m(iBk) 0 0 ® 0 75 mm(3 in) 50 mm(2 in) ® --00, © © 7.32 m(24 ft) © 7-32 m(24 ft) 7.32 m(24 ft) © T.32 m(24 ft) IO I 2928 m(96 ft) t DETAIL 33 POLICY Two-way left-turn lane pattern for use on streets and highways. 2928 m(96 ft) 7,32 m(24 ft) 7.32 m(24 ft) 7.32 m(24 ft) 7.32 m 124 ft) 7.32 m(24 ft) I 7.32 m(24 It) E- 00000000000000000000000000000000 00000 75mm(3in) j�2m(40-1 }000 0000 - ,j 10.98m(36R} 00�© 0 3.66. 5.49m(18fl) 5.49m(IS ft) 1 5.49m(18ft} 1 3.65 12 R) I 5149m(18ft) 5.49m(18ft) (12ft) i 3.05m(10 ft)to3.66m(12 ft) ± 0 0 0 Q 1.22 m(4 ft) 0 0000 10.98 m(36 ft) 0©0 0 0-75.m f3 in) 0000000'0000000000000000000000000000(Z)Cl- 000000000000000000000000000 j- �► f ?1.22 m(4 ft) r 1.22 m(4 ft) 1.12.(4 ft) 11.22 m(4 ft)-- 29.28 m(96 ft) I NOTES: 1. Pavement markers shown off the solid line in Detail 32 may be placed on the line. 2, A 75 mm(3 In)black line shall be placed between the 100 mm(4 in)yellow lines on State highways and may be placed on streets and highways under local jurisdiction. LEGEND 100 mm(4 in)Yellow 0 Two-Way Yellow Retroreflective Markers Direction of Travel 0 Non-Retroreflective Yellow Markers NOT TO SCALE Chapter 3A-General January 21,2010 Part 3 -Markings California MUTCD Page 3A-16 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 3A-112 (CA). Channelizing Line and Lane Line/Centerline Extensions DETAIL 38- Channelizing Line POLICY Typical channelizing line for use on left-Turn or 200 mm(8 in)White Line Right-Turn lanes on State highways. Pavement =_-50 mm(2 in) Markers when used should be place on the o 0 0- through traffic side only. 7.32 m(24(t) i 7.32 m 124 ft) Through Traffic —Imp- DETAIL 38A- Channelizing Line Typical Channelizing line for use on Left•Tum or 200 mm(8 in)White Line Right-Turn lanes on local streets and highways and freeway off-ramp terminals. DETAIL 38B -Channelizing Line at Exit Ramps 0I 0 Typical Channelizing line for use on Exit Ramps. —50 mm i2 in) Pavement Markers as shown may also be placed 200 mm(8 inr White Line on the line. 50 mm(2 in) Ij 7.32 m (24 Ft) 1 7.32 m(24 ft) DETAIL 38C-Alternate to Detail 38 and 38B F.888883 888881 E:F: I r4 ' 7.32 m(24 ft) DETAIL 39 -Bike Lane Line 150 mm 6 in White Line DETAIL 39A-Bike Lane Intersection Line yt 30 in(100 ft)to 60 m(200 ft) -- �' Intersection 2.44 m 1.22 m (8 ft) (4 ft) 1 150 mm(6 in)White Line DETAIL 44-Lane Line Extension Through Intersections ® ® The Lane Line Extension Through intersections 0.30 m 1.83,n line is used to extend the lane line through an (1 ft)` (611) —100 mm(4 in)White Line intersection that might otherwise be confusing to the motorist. DETAIL 40A-Alternate to Detail 40 O O O O 0 1.22 m (4 ft) Non-Retroreftective White Markers DETAIL 41 - Centerline Extension Through Intersections 0 The Centerine Extension Through Intersections (0.30 n j 1.83 m line is used to extend the centerline through an 11 tti' (6 Ft) 100 mm(4 Fn)Yellow Line intersection that might otherwise be confusing to the motorist. DETAIL 41A-Alternate to Detail 41 0 0 0 0 0 0 112m i NOT TO SCALE (4 ft) Non-Retroreflective Yellow Markers LEGEND White Line 0 Non-Retroreflective White Markers Direction of Travel Yellow Line 0 Non-Retroreflective Yellow Markers (] One-Way Clear Retroreflective Markers Chapter 3A-General January 21,2010 Part 3 -Markings California MUTCD Page 3A-15 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 3A-111 (CA) Lane Drop Markings DETAIL 37-Lane Drop Markings at Exit Ramps Marking pattern for use on mandatory lane drops at freeway exit ramps and freeway to freeway connectors. do 4 27-42 m(90 ill iF --_1114 Repeat at o.8 tan(in Milel intervals(See Detail 141 9.14 m(30 ft)i*-09.14 m(30 ft)14► 9.14 m(30 ft)i4t+!fl 9.14 m(30 ft),►i4.57 m(15 11 -1 90 m(300 ft)+►i $ I g (See Note 2) See Detail 36 E EI EI - 200 mm(8 in) White Line See Detail 388 = 7 DETAIL 37A-Alternate to Detail 37 For use with Detail 10 and 13. 27.42 m(90 ft)- r Repeat at o s km(112 kite)intervals(See Detail 14) 90 rn(300 ftl 9.14 m(30 ft 9.14 m(30 ftp4-119.14 m(30 ft),0w+9.14 m(30 R►',►�4.�m(15 ftgl-t- Note ' ►f (See I r See Detail 36 E E El UL See Detail 38C -4 DETAIL 37B -Lane Drop Markings at Conventional Highway Intersections Marking pattern for use on mandatory turn lanes at intersections. Pavement markers shown are optional on local streets and highways. m(90 tt}F----- ►j 9.14 m(30 ft 9.14 m(30 fi},►6t;`9.14 m( tt)4# It9.14 m(30 ft) tt�4.57 m{15 ftf�-- Uarie t ae as a>= (see Figure 38-12) I « .I E E E E tEiE E A El ED 1� Am 200 mm(8 in)White Line Through Traffic —► See Detail 38 ! DETAIL 37C-Alternate to Detail 37B For use with Detail 10 and 13. -------i��- """ I 9.14 m(30 ft 9.14 m(3o ft)+OW 9.14 m(30 ft)�19.14 m(30 ft) .57 m(15 ft4*, Variawe —11 No c ; i I (See Fgure 38-12) fE,E E 8 Ei 8 88 88 1 88 88 3 8 y 8 8 38888848888-- 8888E Through Traffic -► 1_See Detai138C DETAIL 37D-Lane Drop Line For Two-Lane Roundabouts For use on mandatory exiting lanes from two-lane roundabouts. 10.61 m1 �)-61 m' '061mi 0.61 m' (2111?41.22 m(4 ft) ft1!1.22 m(4 ft) (2 ft) 1.22 m(4 ftl (2 ft) ED NOT TO SCALE 200 mm(8 in)White Line NOTES. 1. Pavement markers shown off the solid line in Detail 37 may be placed on the line. 2. The Solid Channelizing Line shown in Detail 37 and 37A may be omitted on short auxilary lanes where weaving length is critical. LEGEND 88 Non-Retroreflective White Markers I One-Way Clear Retroreflective Markers !! Direction of Travel Red-Clear Retroreflective Markers Chapter 3A-General January 21,2010 Part 3-Markings California MUTCD Page 313-62 (FHWA's MUTCD 2003 including Revisions) and 2,as amended for use in California) Figure 38-20 (CA). Examples of Elongated Letters for Word Pavement Markings (Sheet 1 of 2) IV FP MOmmm 200�mOm 2�inin " 2dnt 100 maf 100 mm 100"n loon" (4 in) (Fin! i4;n.) (4 MI -- — 100 mm _ 200 rtm — - M m M mm - SO 100 mm 100 mm loo n (2 in) (4 in) i 200 mm 200 nun V 200 mm 200 mm 41n) _ _ EB in) +;lint (Sin) 100 mm 160 mm 106 mm 100 mm (4 01 (4 in) (4 in) t4 e) Wn r D 200 mm 200 mm - - - 200 mm r 200 min hW (0 in[ (a(n1 (8 im (S int 100 mm 106 mm 100 mm 100 mat N in) (4 in) (4 in) 14 int NOT TO SCALE NOTES. 1. All letters and numerals should be in conformance with the standard alphabets for highway signs and pavement markings approved by Department of Transportation. 2. The design details for various words are also shown in Department of Transportation's Standard Plans. Chapter 3B—Pavement and Curb Markings January 21,2010 Part 3 -Markings California MUTCD Page 313-63 (FHWA's MUTCD 2003 including Revisions) and 2,as amended for use in California) Figure 38-20 (CA). Examples of Elongated Letters for Word Pavement Markings (Sheet 2 of 2) 209 mm 249 nm 204 mm 2W.nett . 4 Ent tE ini fE»Y 199 Mot 100 mm too mm 100 mm (4 in) (4 in} (4 in) 299 mm 209 mm 29® 190 mm 109 MM 100 m m 14 inf 4 in; W01 rj F1 L A2W(mee _ _ __260 mm 206 mm _ (E in) (E in} (E W 190"'M 102 109 awn 100 n {4 in) (4 W (4;.) _ - 29it nun ?68 mn, __._ _.. m mn i00,in 190 men t09 mm f4 1.) (4 In) i4 ini NOT TO SCALE NOTES: 1, All letters and numerals should be in conformance with the standard alphabets for highway signs and pavement markings approved by Department of Transportation. 2. The design details for various words are also shown in Department of Transportation's Standard Plans. 3, Half-size "BIKE LANE" legends are shown on Figure 8C-6(CA). Chapter 313-Pavement and Curb Markings January 21,2010 Part 3 -Markings California MUTCD Page 313-65 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 3B-21 (CA). Examples of Arrows for Pavement Markings (Sheet 1 of 2) t.OFm I� I.O7m i.O7�n —2 13 t7 N ski ;9 S!ri I'!6 !3.5 M [3.5 Ro c i7I E _ C SC4 mm Ii RI Gras - E +t R4 TYPE I ARROW TYPE IARROW 300 mm is 2t Gred �'�i�RI�� TYPE I ARROW TYPE II(L)ARROW (FOR TYPE 11(R) ARROW, USE MIRROR IMAGE) �*4 43 m Is R1-yq s 344 mm 11 ttl Gne _ 4.30 m;t Kl C C C TYPE IV(L)ARROW - - -- - - (FOR TYPE IV(R)ARROW. USE MIRROR!MADE) + NOT TO SCALE 9mrts;i+4 Grim —4.7Am!1 Rl 300 mm 0 t)6r,d� �-0.3p m!i Rj 748 mm;t RS" _ i —fl 1.32 nr f,R! TYPE 11(B)ARROW TYPE Ill(L)ARROW TYPE III(B)ARROW (FOR TYPE IN(R) ARRROW. USE MIRROR IMAGE) NOTE: The design details for various arrows are also shown in Department of Transportation's Standard Plans. Chapter 3B-Pavement and Curb Markings January 21,2010 Part 3-Markings California MUTCD Page 3B-52 (FHWA's MUTCD 2003 including Revisions) and 2,as amended for use in California) Figure 38-12(CA), Examples of Signs and Lane Reduction Markings (Sheet 3 of 3) Conventional Highway Intersections Recur uxe _ , MUST R3.7 w71A,CA} A. o W'S iCA; 15m(50 ft)t d d Left Turn Lane with Limited Storage (See Note 1) �` f� -•► -�►{ ta �re�r3 k�— —i► at'�` �F ♦f ; 1 — d T►f+ _ d ! 15 m(50 ft)± Left Turn Lane with Unlimited Storage (See Note 1) R3-7 iJ 41.7 or W71 SCAT 't173A;CA; j r NOTES: 1. See Figure 38-101 for taper and storage lengths. See Detail 378 and 37C for lane drop markings. The minimum length of solid channeiizing line is 15 m(50 ft). However_if using Detail 37C.the minimum length will be 14.84 m(48 ft). 2_ The RIGHT LANE TURNS RIGHT AHEAD. (W73A(CA))sign should be placed in conjunction with the RIGHT LANE MUST TURN RIGHT(R3-7) sign and the appropriate lane line and markings. A THRU TRAFFIC MERGE LEFT(W4-7 or W74 (CA))sign may be placed in advance of the W73A(CA) sign. However, adequate sight distance or proximity to a freeway ramp,cross road.etc..may dictate the need and location of additional signs and the length of the turn lane. LEGEND —W Direction of Travel Pavement Arrows Sign Location d= Advance Placement Distance (see Section 2C.05) NOT TO SCALE Chapter 3B-Pavement and Curb Markings January 21,2010 Part 3 -Markings California MUTCD Page 2B-61 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 28-1. STOP,YIELD, Speed Limit, FINES HIGHER, and Photo Enforcement Signs YIELD TO ONCOMING TRAFFIC R1-1 R1-3 R1-4 R1-2 R1-2a PEE Pi SPEED IM UC LIMIT U S OR OR I 5km/h k"'A' R2-1 R2-2 i OR FINES TRAFFIC LAWS PHOTO / HIGHER PHOTO ENFORCED ENFORCED R2-3 R2-6 R10-18 R10-19 Figure 2B-1 (CA). STOP, YIELD, Speed Limit, FINES HIGHER. and Photo Enforcement Signs END SPEED SPEED 35 ENFORCED ENFORCED BY BY ZONE SPEED RADAR AHEAD LIMIT RADAR ENFORCED AIRCRAFT R2-4 (CA) R3 (CA) R48 (CA) R48-1 (CA) R43-2 (CA) SPECIAL DOUBLE RED LIGHT DRIVING ZONE VIOLATION BEGINS HERE FINE EDRIVING L $ DOUBLE ZONE ONE VkOTO MIN IMUM FINE FINE ZONE RE ENFdRCEO SR53 iCA) SR54 iI-A) S R 5 5 LCA SR56 (C;A) R5?3CA Chapter 2B—Regulatory Signs January 2I,2010 Part 2-Signs California MUTCD Page 2B-64 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 2B-4. Intersection Lane Control Signs t I OK LEFT LANE OR MUST ONLY ONLY TURN LEFT .., MTV R3-5 R3-5a R3-6 R3.7 LEFT LANEJ JHOV 2+ [, TAXI LANE , LANE RIGHT LANE BUS LANE R3-5b 'R3-5c R3-5d R3-5e R3-5f R3-5g Supplemental Supplemental Supplemental Supplemental Supplemental Supplemental Plaque Plaque Plaque Plaque Plaque Plaque HOV 2+ OR ONLY ONLY I 0K ONLY ONLY ONLY IONLYIONLY R3-8 R3-8a R3-8b ` The diamond symbol may be used instead of the word message"HOW. The minimum vehicle occupancy level may vary.such as 2+.3+,4+. The words"LANE or-ONLY"may be used with this sign when appropriate. (This space left intentionally blank) Chapter 2B—Regulatory Signs January 21,2010 Part 2-Signs California MUTCD Page 2B-65 (FHWA's M-LJTCD 2003 including Revisions I and 2,as amended for use in California) Figure 2B-4 (CA). Intersection Lane Control Signs RIGHT LANE RIGHT LANE FREEWAY MUST +r *1 1 ONLY Y" EXIT I - IONLY IONLY R,18 A (\,--A) R18B (CA) R606 (CA) R61-1 (0-A) R61-3 (CA-) ONLY ONLYI ONLY ONLY I NLY R 61-55 C.A) R61-7 i CA R61-0 (C A R6 -11 (CA) R6 I-13 +'C.A) ONLYIONLY _YXIONLY ONLY IONU(I ONLY ONLY R61-15 (CAI, R61-17 (CA) R61-19 (CA.) P61-2-9 (CA) 061-24 ONLY ONLY1 ONLY ONLY ONLY ONLY ONLY ONLY j IONLY R6-1-26 (GA) R61-28 (CA) (C R61-32 (,--'Ai R61-34 A, NO U TURN F N4 ll TURN R61-36 (CA') R73-1 (CA) 9,73-2 (CA) R- 73-3 (CA,, 873-4 (CA) NO U TURN NO U TURN Chapter 2B-Regulatory Signs January 21,2010 Part 2-Signs Page 234 California MI)TCD 2012 Edition (FHWA's MUTCD 2009 Edition,as amended for use in California) Figure 2B-24(CA). Parking and Standing Signs and Plaques R7 Series) (Sheet 1 of 3) SCHOOL TOUR OK TAXICAB BUS TO PARK BUS ONLY ONLY ONLY A PARK PARALLEL ON BRIDGE ........., R22 (CA) R24 (CA) R24A(CA) R24B (CA) R24C (CA) MAIL BLOCK AIX WH EELS; DEPOSIT .......... Lm n_=_ PARK OFF ONLY ONLY TO PAV EM ENT 5 m► CURB R24D (CA) R24E (CA) R25 (CA) R25A(CA) R25B (CA) 13=L I& PASSENGER PASSENGER "M LOADING LOADING OM 7"ONLY Zkm-4Fw ONLY SMAK WS .4W ONLY ONLY 5 Una LW 5 MMME uw I owl R25H (CA) R25C (CA) R25D (CA) R25E (CA) R25F (CA) CAR SHARE STOPPING PARKING RKING PPING PARKING ANY ANY A ONLY ANY ANY ANY PMF TIME TIME TIME TIME TIME R25i (CA) R26 (CA) R26(S) (CA) R26A(CA) R26A(S) (CA) 91 V-1-u-r, N 0 RKING PARKING STOPPING 0"ING N ON HRE BRIDGE UBRIDGE ANY TIME BRIDGE LANE R.2.6-F (CA} R26K (CA) R26L(CA) R27 (CA) R27A(CA) 13,2012 J Chapter 2B-Regulatory Signs,Barricades,and Gates January Part 2-Signs California MUTCD Page 213-101 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Table 28-1. Regulatory Sign Sizes (Sheet 1 of 5) MUTCD Conventional Sign Code Section Road Expressway Freeway Minimum Oversized Star R!-f B. 7SC4 x 750 900 x900 - n00 x 600 1,200 x 1?00 130'x 30; 3E x 361 t24 x 241 48 x Oar Yield R1-2 .3 f; x goo x 900 12(9,x 120x) 15ty,x 150X) ?50 x 750 ±38 x 36 x 36? x 121:91 x 15-W x 750 A8x48x481 80x50x6,1017 (30x3Cx31S1 R•Or�-ornwg Trait- R1-2a - 13r"x 3p<• - - - - 124 x 121 4-1y'lav W-1 29.04 .300 x 150 - - - - (12x51 4,1I Way P,'• d 7ij.C9 150 x 150. - 1%±X 5' Y,,e!d He,e!c Pads R 1-5 2E.i I 450 x 4.511 - - - - +18 x 181, Y'elu Here tc Rece®irtar s R' 5& 28.i 154 x 8Ut - -;8x24 In-Str-el Pen Crossing R 1-A A,- 28-!2 3GJ x 900 - - - - 12x36; g;eer3 Linz11 rEnytsvv, R2-1 26 1 3 '100 x 750 WO x 12001 120+3 x 1 00 - - 24 x 3L}} ;3G X 4tii (48 x 60 r {.+ 94(111-9Q9 ;209*4 RCIG - - R2 z 26-1-4 9F}9 48e9 4299-%+;.59 - �#Aak`84 44 of 393 1� {48 afa 44 1;ght Spero L and R2-.3 25.15 800 x 500 900 x 900 1200 x 12 XJ {En lisnl (24 x 24) 1,35 x 36) (48 x 481 p Ft? t 24?-, iog i4 7;Q 998 m 1963 - F�A8Ni94 t2 4 t 79? i 16 x 64 PAinlrnum Soee3 Lanl R2 a 26 16 800 x 750 900 X 1200 1200 x 15:70 -(English! 124 x:971 136 X 48, 14d x 60°; ; A 969 t-Q_ 9 '+'CQQ*466 -. 4AOV-+ i+tr3•ik Got urnlbinerj Sped Unit R2-Aa 2B.16 800 x 1200 900 x 1800 12W x 240+: -'English; 124 x 481 (36 x 72; (48 x 95) 142 la Rs-46 hA9,4436Q 9Q1r-t•969 -1299-x-26r - - Q6 3F;91 48 m 192i t=rrtas3 High-, R2-^ 26.17 ;47x1 x 600 SAY?x 300 1204 x 1200 -- -. 124 x 2111 •3t-x 36, ;48 x.«3 Turn Prohibition R3-1.2-3.4. 26.19 340 x 6co :'LY)x 904 - - 1200 x 12(.0 18 124 x 241 (36 x 36.1 1 r48 x 48, MandatofV f cm,,e-Went R3-5 seals 2P-21 750 x 900 - - - - Lane Cantrd 130 x 361 Oprienal tviovernert R3-e 2622 750 x 3004, Lane Cor,tm+ (30 x.361 Mandatory 41c,+Mertg R3-7 28.21 7'10 (750 - - - - Lane Cantmi (30 x 30) Advarce irters.Pc%i r R' !-8-&i.8b 26.23 '?3rtaCsle x - L3rar vunirGi tvar,abie x 30? T,to-Way Lett Ron Jnty R3?a 28.2 750 x 9Gu - - - - iowrnead inounted) '3O x 361 T4,,-Way Le€t Turn t7r4t>,r R3 3q 26.21' -3 0 x 3100 - - - �+X 1200 round mounted{ 124 x 3F7 138 x 48, Rea'ersibfe Lane ConhN R3-9r1 26.25 2100 x 12C(. - - - - ',a-' 1boij ;108 x38" Reversib6-Lane Contref R:3-?1 26.25 750 x 1050 ground mounted) 430 x 42; Advance Revwstble R3-9g,4h 28.25 2700 x 900 - - - - Lar:e Control (108 x 38) Transition Signing &W Re'rerse Lane R3-91 2$125 2700 x 1200 - - - 108 x 48 t 6 4 060 994+t 1ry49 4458-*2490 -99^L'i 4N - ;row.)I Lam, 8 TAT ^J C !A T!fVS'!-4'T-T 3 Chapter 2B—Regulatory Signs January 21,2010 Part 2-Signs r Callibmia Department of Transportation FTh� a MUTCD 2012 Sign Charts Msion of Traffic Operations,Office ofTmft Engmeeri ig -Warning Signs and Object Markers Effective January t3.2a+z signs in Califbmia,and is not mearrt to he us ed as a comprehensive sign chart dr a standalone sgn desgn toot defpnatsdby(G14).Otherwise Federal MUTCQ codes are shown_For sign specification deta85,visit arvwr-dot.ca.gov/hq/treffops/signteclUsigndeUSpees.tdm. S1-1 S3-1 S3-2 S4-3P S4-5 SWO61(CA) SWS7-i(CA) SVt22.1(CA) swuG IA(CA) WYY44(CA) AL All, AftL law 34V14.2(CA) 9VV2A-3(CA) SOM(CA) VA42(CA) SYM(CA) 9Vw(CA) $VM(CA) fWW1(CA) $W"(CA) GW4G(CA) SWAT(CA) "S(CA) gVV4 V(CA) SV14Q(CA) SW60(CA) lSM2(CA) SW54(CA) SY041.(CA) SV164C(CA) SVM(CA) 4# A%� IAL dAL 91, * 4w Ip * * a * * * SKS9(CAI 9V160(CA) WI-4 WI-13 WI-2 WI-28 7aheafbaatewbear9yn WI-3 WI-4 WI-5 iF -tdyedh WI+4.) EIIIIIIIIIIiIIN 4V 4W Nw 'Aw� Nw WI-6 WI-7 W7-8 WI.0 Wt-102 WI-10b W1-10c WI-10d WI-10e W1-11 WI-13 Wt-15 W2-1 W2-2 W2-3 W&4 W2-5 VV2-6 VQ-71- WZ-7R Iry IV M-8 W3-1 W3-2 W3-3 W3-4 VV3-5 W3-6 W3-7 W3-8 W4-1 AtIlEhL JIM, W4-?(CA) VW-2 W4-3 VV44P W44aP W4-4bP VW-5 YWSP vv-s W4-40!CA) AOL * I 'A w", * * * * W4-14(CA) VW-16(CA) W4-22(CA) W54 VV5-2 VW,3 W5-40 Wo-t VW-2 W6-3 W7-1 W7-1a W7-2bP W7-3P W7-3aP _3tiP W74 WI-4b WI-4b W74d sI; CalBomla lrepatbneM M1TarL California MUTCD 2012 Sign Charts Division ofTratfic Operations;Office ofTfafrc Engineering ,c6 Effective January 13.2012 Street 3 of 14-Re-gU18WrY Sig ' This chart contains comnrodty used signs in Cagbmia.and i5 eat measrt to fife used?S a camoranensive sign chart or astand-atone sign design toot Caf!fomia coos are daagnatad by(CA)Ottra»rse Federal).NI'C.D codes are onv, =or sign specification details.visit www-dot-ca.govllrq/tragoPSfsigrr6acids7gndet!specs-htrn- V, Lx WS LIONTS M M Uu MU zl ,. ON t,.ocu INFE1is � ►' ,��, g13:(a R154b R154c R15-5 R15-6 R15-7 R15-8 R16-5 R16-6 R16-7 ttaNt ON WEI6f:i-f OVER NS LENGTH rI�LT6)(7� Named R�HT LANE �� � Rt6-8 R16-10 RIGHT LANE RIGHT2.LANE-S FREEY 12T f NuwtiaaNrsu�u.i EX TF EX ONLY ibT glI►DE 69 R8& R16-9 R16-11 RI#A(CA) R1BA(CA) R166(CA) RWA(CA) RZOD-2(CA} +SQL?-2{GA7 R20Di(CAi R2tyNf��{(�'A} )fVllG/fII T�ii�IC �7liyL 15 MPH TO OK K PAR f S us DIMIT DN 9at06E ARK " flvG OtlLY ®1CYal>_r .Y FROM K Nt6P SIM N �$ ON BRIDGE BRIDGE Td REAR AXLE MEXT R16ER D TONS tt2O-*(CA) 920-'A(CA, R2'(CA5 R22(CA, R23(CA) R24 WA) RUA,(cm 8248(CA) R24C(CA) R2(D(CA) BLOCK � PASSENGER LOGR CAR SHARE WHEELS LOlUi1tIG ONLY RIR>fH1G TO PARK OFF t37 Y1 ONLY TAP 4101 7A*-4P Y ONLY 500481On 51l0et0rt 4x:°05 pL$T M!!DY[ CURB PAVEMENT �„a,� ♦.y 'miry ; ► "s R2AE Z)k, R24'CA} R26A(CA) 8246(CA) Alm(CA) R250(CA) -25E(CA) av'CA) R25H(CA) 925J(CA) NO NO PARKING !Nryr PIMING STOPPIN ANY ANY 6fFE RE E BRIDGE TIME TEME LAK R28(CAy R25(S)(CIA) RNA.(CA) R26AM iCA) R26F(CA) ^q1'5K(CA} R24L(CA) R27(CA) R27A(CA) R26(CA) NO NO PAtN6 SFOPPNI6 c 7-NI Al PARKING STOPPING SI1'PtNG rERi[[s rENNs "" T AH"UNE ANYTIME ANY F)ME ONLT 811131�'lAGN BOER 6'NIGH 7=4 AM ai _... 4�°6 PM 4— �� 4— 4—l± 4�► t+rgi. aaawram 5 TORS Nfirt. R46(3)(CA R26A(CA) R26A(8)(CA) R26C(CA) R28D(CA) R28D(8)(CA) R28E(CA) RW(CA) R29(CA) R38(%A) --- T 4 Air �} I'lKUiG SHIPPING ` I laBAN&PM A4f° 2AM"6rM 2=3 Pe!! SD(oor.m R30A(CA) 8308(CA) R30C(CA) R30D(CA) R30E(CA) P30F(CA) R31(CA) q31(S),CA) R32(CA) 8326(CA) NYIIitE �fNS COMMERCIAL q Air a.a 4ts �� � - PASSENGER. � 7-q-� arzr �r OYER�TONS amw. =sons eaw 4�� Noe-Re+ t!ZLJ - R32C(CA) R320(CA) R32E(CA) R32F(CA) R3's(CA' R33A(CA) R336(CA) R33C(CA) R36(CA) R37(CA) BICYCLES AiM1 _ IVQ e.s it auEr4ra MOTOR-DRIVE BICCCLES �5AN qA, 7SR16ER- AI IYfElIE rAMA]D AF rxi MtlSTE3 MFUST of WNW=rtaRUt e[ftr YElRl� VEILS EXIT EX{T �„ �:� °`� ii PB1Mtf !11[Sl1AB) INddEl1=4 R38(CA) R38(S)(CA) R36A MA) R34(CA) R39.1(CA) R39-2(CA) R40(CA) R44A(CA) R448(CA) R44C(CA) TRUCKS AUTOS WITH END SPEED E[�IQ RIGHT TRAILERS TRUCK $1000 FINE $1480 FINE ENFORCED TRt1CK LANE TRUCKS LANE FOR FOR ANIMAL DY RADAR NOPEDCROSSIM L14r1 ONLY PROHIBITED CONTROL LITTERING ABANDONMENT RADAR ENFORCED ♦USE R47(CA) R47A(CA) R48'CA) R48-1(CA) R A} R48(CA) R53A(CA) R536(CA) R53D(CA) R63E(CA) - 6 . r i PROJECT LOCATION SURVEY DOCUMENTS SURVEY MONUMENT PRESERVATION GUIDELINES CALIFORNIA LAND SURVEYORS ASSOCIATION & CONSULTING ENGINEERSAND LAND SURVEYORS OF CALIFORNIA Joint Professional Practice Committee - Riverside/San Bernardino and Desert Chapters (In Cooperation with the Riverside &San Bernardino County Surveyors Office) PREFACE: The preceding public survey documents are provided from a search of records on file in the City of San Bernardino, Office of the City Engineer. All work is to be performed by a person or under the supervision of a person authorized to practice Land Surveying(refer to Sub-section 6-1.10 "SURVEYING SERVICE"of these Special Provisions). All new and replaced survey ties shall be by transit method. The following regarding public works construction in the Public Right of Way is extracted from letter from the above agencies, dated April 13, 2007: NEW & RECONSTRUCTION PROJECTS A. PRIOR TO CONSTRUCTION (1.) The survey crew shall diligently search for all survey monuments of record and on the surface of the road. It is suggested (that)the search(sh)ould include the use of a metal detector. When the detector indicates the possibility of a buried survey monument,then digging below the surface to uncover the monument within 2"of the road surface is recommended. (2.) The survey crew shall properly reference all found survey monuments,which may be disturbed or covered during construction,to stable surface points. (3.) The authorized surveyor shall properly complete a Corner Record or Record of Survey for the monuments noted in(I)tem(2.), above. Prior to the start of any construction work,the original or a print of the Corner Record or Record of Survey shall be submitted to the County Surveyor for review, signature and filing. B. AFTER CONSTRUCTION AND PRIOR TO RECORDING NOTICE OF COMPLETION 1. All covered and disturbed monuments shall be reset with the same or more durable type of monument as the original, in the surface of the construction. Key monuments shall be a minimum 1"inside diameter iron pipe of appropriate length. 2. A monument box or other protective structure is recommended to be placed around key monuments (section corners, quarter section corners). 3. The authorized surveyor shall properly complete a Corner Record of Record of Survey for all set monuments with a change in character, including tag number, and submit it to the County Surveyor for review, signature and filing. NOTE: Parentheses above indicate changes to original text. fVai� i►� �ui� 1+�1 Obi "�9 s r ' I VV CA r Aall r�,d • 1 V �6- Gvr Ala',) i�f Cvr; � 3 T S t. r Z f r �_L. 5.30 a� ; - / ,V f ! N ousrimAL PKy 3 - 15 - 90 pis r rn�R3' �iEO m S B � FL Dv D CON! e"�YP A G 60 fd f,.G o.5� R 03 t 73� �,- t o k-co Fa✓ /" 1,R ,va sEr �r r L]3 S! 39 tZ �i 1 l / l l5 INDUSTRIAL pkwy AIL 3 - 14 -qo 242 - S1D FON SEC l4 GoNZALES �c FILL. 71E DIST MEAS r UJI-r I4 EDM CA 0 V t Sep �►r . G. Sc(r L>�. L � T T at Curb Droi7 / 20 63°� 90� Set L bT 7° s'ty WP, FD I" IP URF Seb LUT TAGGED TG RCE irosra C STS I t 55,0-1 ✓' f LV) 0 ..I N Q a V � a 0 z P 167T h ,� 1/1/ol/1T12/i4G Pi- -3 -/Z- TO 26Z : COY S/D Set; D w T@ E�►d � �\ 1 z F�NSECA� 4'. SOD L.by wll F OW 3e5 1 SD�.TA aR// Z9-zo e_ /986 v [.S 3 98.&S w b t+� as M � v � � �,-c di® �w►D o� t� 4 sue` p.54flr•' NZ l0 � o f D --5"Wr �� ' o q ( 51 z C6� -- / 77 X&DZ/5 7T-14 L Pki Elk 2to2: Cox, S toy Faasec 1 S�-r'c. �'T 3D lki •� A� AW r tr. AIO 77,4 6 TOP 1.P. BENT 4St-D LDu CL if \ srantGH Po��car� 33 �04`Y OL e- 3. Y a M � 1 S G'�l�Cvts pi4TA lr1 k4, 2 9�0 tt �• 4;r7 3LtDa+! AWA � `l 2 (�, (. -- 1e7 14rvtrsrelAl. PKr M ZOZ: Cox- 31b-• FONSFCR a� h � h • e SET 6 t 7" 96 4� SET L T 2 5 I'1 Y SC 0 � 30 FLY r8G Fd r try © SyRF nc49;� 146A54 �t �r tfr scr, 4gr. X 27' tG wf;y r3c v � h ser c €r 36 Sc-'rG f s a �' T 27101 Y' ,E SG 3a wl'Y fr ac G' Al 91 41 o� h v ��l ALL /t tSI� A'1C.is �+ 1 N, �?o,rr►, v �tv Fd /" GP. Q swetc RC[ /lo 0510 s�'T t C�rpc3 caR v E g<<rRv�= +P=Se� Rs sss .6' 61"2 Z -ag 4 c t°Z? L' 6t8 71 G' S'q 4q a1 Y � Y 0 Q 1 I-41,9-11s' -R1h1- PK, .3 X90 Z 6t- Gr S/o ?LG Air ele�A , W4S 2 C�► L M y �� t 38 T � is f FG D CONTRACT AGREEMENT AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this day of , 20� between the City of San Bernardino(owner and hereinafter"CITY"),and (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the 2-WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE (TC 09-03) HIGHWAY SAFETY IMPROVEMENT PROGRAM HSIPL-5033(045), EA #08-925146 in strict conformity with Plans and Special Provisions No. 12641, and also in accordance with Standard Specifications for Public Works Construction,latest Edition, on file in the Office of the City Engineer,Department of Public Works, City of San Bernardino,which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work,and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions,and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status,or ancestry in the performance of this contract,nor shall the CONTRACTOR or any person claiming under or through him or her,establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. The CITY and CONTRACTOR shall carry out applicable requirements of 49 CFR,Part 26 in the award and administration of United States Department of Transportation(DOT)-assisted contracts. Failure by the CITY or CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy,as recipient deems appropriate. AGREEMENT: 2-WAY LEFT TURN LANE ON INDUSTRIAL PARKWAY BETWEEN HALLMARK PARKWAY AND PALM AVENUE (TC 09-03) HIGHWAY SAFETY EffROVEMENT PROGRAM-HSIPL-5033(045), EA #08-925146 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators,and assigns,do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO Name of Firm: C6 L I P C, I fJ BY: Mien J.Parker,City Manager City of San Bernardino TITLE:ANC ItA(L ,(-�AA jAe'o(_ ATTEST: MAILING ADDRESS: q Zj C S-CrZ eorgeann Hanna City Clerk dLL77) &J, CA 4�32� PHONE NO.:(16�- -71-7 APPROVED AS TO FORM: ATTEST: D. Saenz, City Attorney Secr NOTE: Secretary of the Owner should attest. If Contractor is a corporation,Secretary should attest. J J Executed in Triplicate _ Liberty 450 Plymouth oad,Suit Center 400 f►J[ � Plymouth Meeting,PA.19462-1644 m utuN Ph.(610)832-8240 Premium:$345.00 Premium is for Contract Term and Subject PERFORMANCE BOND to Adjustment Based on Final Contact Price Bond Number:24059372 KNOW ALL MEN BY THESE PRESENTS,that we Cal Stripe, Inc. 2040E Steel Road Colton CA 92324 as principal(the"Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety(the "Surety'),are held and firmly bound unto City of San Bernardino Department of Public Works 300 North D Street 3rd Floor San Bernardino, CA 92418-0001 ,as obligee(the"Obligee'), in the penal sum of Thirty Five Thousand Two Hundred Eighty Seven Dollars and Eighty Five Cents Dollars ($35.287.85 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly bythese presents. WHEREAS,the Principal has by written agreement, dated the 24th day of July 2015 entered into a contract(the"Contract")with the Obligee for 2-Way Left Turn Lane on Industrial Parkway Between Hallmark Parkway and Palm Avenue TC 09-03), Highway Safet Im rovement Program, HSIP-5033 045 , EA#08-925146 NOW, WHEREFORE, THE CONDCTION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. Whenever the Principal shall be, and declared by the Obligee to be in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall prom qtly: 1.1 Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or 1.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors;or 1.3 Obtain a bid or bids from alternative contractors to complete the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding the amount set forth in the first paragraph of this bond. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal;or 1.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: a. After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined,tender payment therefore to the Obligee;or b- Deny liability in whole or in part and notify the Obligee citing reasons therefore. LMIC-5100 Page 1 of 2 Rev.03104 2. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held liable to, or in any other respect be responsible to,the Obligee by way of indemnity, claims or otherwise, or to any public authority or to any other person,firm or corporation, for or on account of any fines or claims by any public authority or for bodily injuries or property damage to any person or thing, including, but not limited to, injury or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate or to the environment or clean-up costs or other damages of whatever kind or nature arising out of any act of commission or omission by the Principal, the Principal's agents, servants, employees, subcontractors or suppliers or any other person in connection with the performance of the Contract. This limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of release occurs and without regard to any term or condition of the Contract. 3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee. 4. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal ceased to work on the Contract or such time period as otherwise permitted by relevant statute. 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. 5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 6. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of the Surety Law Department at the above address. DATED as of this 6th day of August 2015 WITNESS I ATTEST Cal Stripe, Inc. (Principal) By: (Seal) Name: Title: Steve Fleener,General Manager LIBERTY MUTUAL INSURANCE COMPANY (Surety By: (Seal) Maria Guise homey-in-Fact LMIC-5100 Page 2 of 2 Rev.03104 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �,ct.ct n,c-c.��'c,ct,ct�t n,�,ct n.c�,ct— .ct,cc^.c=�,cccv^,�,car c=Y`,4=F".cc-�`,cE)c^cc�^,c=FSC-f`:c=r^,c=fSs^f7c,(-�.-",a=(`,e^t`.c=fse<`.�C`,E=C-•c=f'c=f,c^E`,� A notary public or other officer completing this certificate 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. State of California ) County of San Bernardino ) On 8/10/2015 before me, Lorraine Manzanares, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Fleener Name*of Signer(*) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(1.) Qare subscribed to the within instrument and acknowledged to me that( he/they executed the same in (Ober/their authorized capacity(,and that by is er/their signature(4on the instrument the person*, or the entity upon behalf of which the person(+acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph LORRAINE MANZANARES is true and correct. Commission# 1980098 z WITNESS my hand and official seal. a °.� Notary Public-California z Z '` �a Y San Bernardino County My Comm.Ex ires May 28,20161 Signature Signature of No ry Pu tc Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond Document Date: August 6, 2015 Number of Pages: Signer(s) Other Than Named Above: no other Signer Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: cal stripe,Inc. Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate 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. STATE OF CALIFORNIA County of San Diego On AUG 0 6 2013 before me, Lilia Robinson Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Maria Guise Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(x) is/ subscribed to the within instrument and acknowledged to me that�v/she/WQ( executed the same in her/ authorized capacity(]*, and that by)hWher/tbeb(signatureM on the instrument the person(*, or the entity upon behalf of which the personM "UA ROBINSON acted, executed the instrument. COMM.#2047750 NOTARY PUBLIC-CALIFORNIA 0 1 certify nder PENALTY OF PERJURY under the laws of SAN DIEGO the State of California that the foregoing paragraph is true � My Commission Expires NOVEMBER 29,2017 and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public I is Robin on OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF R ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6946679 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Charlotte Aquino;James Baldassare Jr.;Janice Martin;Jennifer L.Clampert;Lawrence F.McMahon;Maria Guise;Sarah Myers all of the city of San Diego state of CA each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of April 2015 American Fire and Casualty Company tiD CAS �.7v IA�gTj �ti,tt�SUF bni';�SUg4 The Ohio Casualty Insurance Company N J ( ( b Liberty Mutual Insurance Company r m 1906 'S) 0 1479 > ( K 1912 - 1991 West American Insurance Company = d�✓ ..��• .Yam CJ 4:K,, dt g'Y: �C' "zi\',`V.';,".�.,,,, F '3 HA F.+.r- ,r� �,(�, AAM9PS `� ) 54-_f'i'F ti d * • * it .> G� By >+ STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary c L COUNTY OF MONTGOMERY C O mOn this 14th day of April , 2015, before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v N 0 a) Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, � p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ` E am > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O C• �p pq�r COMMONWEALTH OF PENNSYLVANIA t� Q M �MO+w Ff� Notarial Seal %_4/l��Q'4�� �^' C _•N �° = q Teresa Pastella,Notary Public By O i or Plymouth Twp. Montgomery County Teresa Pastella,Notary Public d My Commission Expires March 28,2017 3 {� L O s`Yi4P ♦4 Member,Pennsylvania Association of Notaries 0 E a� wr ~ ev C This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N p N Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ii CO m 4) ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, y O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective •p 3 E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so a O to executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under >o '~ `' the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. L IV 'a N M C ARTICLE All—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E o0 > d and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M L O 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their O o Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so Ur executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attomey executed by said Companies,is in full force and effect and has not been revoked. AUG O 6 20 1 5 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 Np CAS `tY IN.SU LtiyzUR ay�N5ttp,� a 1906 a o 1974 > 1912 1441 � By: Gregory W.Davenport,Assistant Secretary 39 of 100 LMS 12873 122013 Executed in Triplicate _ L•L Interchange Corporate Center iberty 450 Plymouth Road,Suite 400 ��[u+u� Plymouth Meeting,PA.19462-1644 1�1 1 Ph.(610)832-8240 PAYMENT BOND Bond Number: 24059372 Premium Included in Conjunction with Performance Bond KNOW ALL MEN BY THESE PRESENTS,that we Cal Stri�P Inc 2040 E. Steel Road Colton CA 92324 as principal(the"Principal"), and liberty Mutual Insurance Company, a Massachusetts stock insurance company,as surety(the"Surety), are held and firmly bound unto City of San Bernardino, Department of Public Works 300 North D Street 3rd Floor San Bernardino,CA_92418-0001 obligee(the"Obligee"), in the pens[sum of Thirt Five Thousand Two Hundred Ei h Seven Dollars and Ei h Five Cents Dollars($35-287.85 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has by written agreement dated the 24th day of July 2015 entered into a contract(the"Contract')with the Obligee for 2-Way Left Turn Lane on Industrial Parkway Between Hallmark Parkway and Palm Avenue(TC 09-03) Highway Safety Improvement Program HSIP-5033(045) EA#08-925146 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. A "Claimant" is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline,telephone service or rental of equipment directly applicable to the Contract. 2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who has not been paid in full before the expiration of a period of ninety (90) days (or such lesser or greater time period as otherwise permitted by relevant law) after the date on which the last of such Claimants work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: (a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to the Principal and the Surety within ninety (90) days (or such lesser or greater time period as otherwise permitted by relevant law) after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in separate envelopes addressed to the Principal and Surety. The Principal may be served at any place where an office is regularly maintained for the transaction of business, or in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. The Surety may be served to the attention of The Surety Law Department at the above-listed address. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project,or any part thereof, is situated, and not elsewhere. LMIC-5200 Page 1 of 2 Rev.03104 (c) After the expiration of one (1) year (or such lesser or greater time period as otherwise permitted by relevant law) following the date on which the Subcontractor provided the last labor andlor materials to the project. 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. 4. Surety shall have no liability to any Claimant under this Bond for any amount unless d is due and owing to the Claimant by the Principal pursuant to the express terms of the contract between the Principal and Claimant or, if the Claimant does not have a direct Contract with Principal, pursuant to the terms and conditions of the Contract between the Claimant and the Subcontractor to the Principal. The Bond incorporates all of the Principal's contractual defenses, including but not limited to pay-if-paid provisions, whereby payment to the Claimant is subject to the condition precedent of the Obligee's payment to the Principal, and other limitations on amounts due under the contract between Principal and Claimant. 5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens, which may be filed of record against such improvement, whether or not a claim for the amount of such lien be presented under and against this bond. DATED as of this 6th day of Auaust 2015 WITNESS 1 ATTEST Cal Stripe, Inc. (Principal) By ` ' (Seal) Name: Title= Steve Fleener,General Manager LIBERTY MUTUAL INSURANCE COMPANY (Sure By (Seal) Maria Guise Attorney-in-Fact LMIC-5200 Page 2 of 2 Rev.03104 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 <.c<.rt.c<.ct - - - - - -.ct.c'c.n.ct.c<,ct�t-,c=f.�f`,c•f-;c=fSt=c,E-rc^cc=fSc^F`,c=C.c=fSc^f-,c-rcfsc=E`.c�`,c=C)cfSt=(`,c=c`.t=f',=C.�:lr,� A notary public or other officer completing this certificate 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. State of California ) County of San Bernardino ) On 8/10/9015 before me, I nrrqmnp Man7,qnqrpq f)t;;r P,ihlir Date Here Insert Name and Title of the Officer personally appeared Steve Fleener Names)of Signer) who proved to me on the basis of satisfactory evidence to be the person*whose name(g)QDare subscribed to the within instrument and acknowledged to me that<Wshe/they executed the same in (ODier/their authorized capacity(",and that by >I her/their signature(4#on the instrument the person(o, or the entity upon behalf of which the person*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LORRAINE MAN2ANARES WITNESS my hand and official seal. Commission# 1980098 a "�=� ' i' Notary Public-California i Z � j� San Bernardino County D My Comm.Expires May 28,2016 Signature Signature of Nota Publ Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: August 6.2015 Number of Pages: Signer(s) Other Than Named Above: no other signers Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: cal Stripe,Inc. Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code§ 1189 A notary public or other officer completing this certificate 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. STATE OF CALIFORNIA County of San Diego On AUG - before me, Lilia Robinson Notary Public, a e Insert Name of Notary exactly as it appears on the official seal personally appeared Maria Guise Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(x) is/=R subscribed to the within instrument and acknowledged to me that jag/she/t)w executed the same in;IWher/tom authorized capacity(jM, and that byA3Wher/theixsignatureM on the instrument the LILIA ROBINSON- or the entity upon behalf of which the personM *' ILIA AA acted, executed the instrument. V NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY n I certify under PENALTY OF PERJURY under the laws of My Commission Expires '' the State of California that the foregoing paragraph is true NOVEMBER 28,2017 and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public Lilia Robin on OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT" ❑ Trustee OF R ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6946W American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Charlotte Aquino;James Baldassare Jr•Janice Martin;Jennifer L Clampert;Lawrence F.McMahon;Maria Guise;Sarah Myers all of the city of San Diego state of CA each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of April 2015 >+ �, case 4�Y InrsU salt Nt�sv American Fire and Casualty Company The Ohio Casualty Insurance Company N 4 f Liberty Mutual Insurance Company m <l\ 1805 0 °- 19'g tg12 1991 West American Insurance Company V! * 1 • * * By: = STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary COUNTY OF MONTGOMERY _ dpt On this 14th day of April 2015, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v m Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, �W p 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L E ar> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O CL a.+ P COMMONWEALTH OF PENNSYLVANIA NaNwg�XF�� Notarial Seal i �// y�Q'7� O _•— j„ �, y g Teresa Pastella,Notary Public By: /(� 4 lC OF Plymouth Up.,Montgomery County Teresa Pastella,Notary Public y= O i Q ( My Commission Expires March 28,2017 3 tp 4 O �vP ec, Member,Pennsylvania Association of Notaries O E IL M c eYp This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance to p NCompany,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ` ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C W to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, y O C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 3 E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so a> p W executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under W o the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. r N = ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M. O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their = Z respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- ~r fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power ofAttomey executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of A U G Q 6 2015 ­20 �pyDCASd� �tYINSU� P�tNSUptf �ta;tvsuq�� p�.�cy,�o:-w;�"9<< pJ a`oaoos,yrFn9�� �.,J`�oesortyrFe v<n wee,�4 tiecngrFn�^ I�,��/� a 1906 0 1919 n > 1912 °> `� 1991 BY ~ 0 2; Gregory W.Davenport,Assistant Secretary G,sy W b O 2 w r b Z 40 of 100 LMS 12873 122013