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2015-153
BOUND AGREEMENT 1 RESOLUTION NO. 2015-153 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CAL STRIPE, INC., FOR 3 TDA ARTICLE 3 (BIKE LANE) ALONG "G" STREET FROM INLAND CENTER 4 DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM "G" STREET TO "E" STREET. PER PLAN 12992 (TC 13-002). 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 TDA Article 3 (Bike Lane) along "G" Street from Inland Center 9 Drive to Rialto Avenue and along Rialto Avenue from "G" Street to "E" Street. Per Plan 12992 10 (TC 13-002). 11 A contract is awarded accordingly to said bidder in a total amount of$46,477.50 with a 12 contingency amount of $4,647.75 but such contract shall be effective only upon being fully 13 executed by both parties. All other bids, therefore, are hereby rejected. The City Manager is 14 15 hereby authorized and directed to execute said contract on behalf of the City. A copy of the 16 contract is on file in the office of the City Clerk and incorporated herein by reference as though 17 fully set forth at length. 18 SECTION 2. This contract and any amendment or modifications thereto shall not take 19 effect or become operative until fully signed and executed by the parties and no party shall be 20 obligated hereunder until the time of such full execution. No oral agreements, amendments, 21 modifications or waivers are intended or authorized and shall not be implied from any act or 22 course of conduct of an art Y party. 23 SECTION 3. The authorization to execute this contract is rescinded if the parties to the 24 contract fail to execute it within sixty (60) days of passage of this Resolution. 25 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO CAL STRIPE, INC., FOR 2 TDA ARTICLE 3 (BIKE LANE) ALONG "G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM "G" STREET 3 TO "E" STREET. PER PLAN 12992 (TC 13-002). 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 201h day of July, 2015, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ X 10 BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 NICKEL X 14 JOHNSON X 15 MULVIHILL X 16 17 George Hanna, CMC, City Clerk 18 -�� The foregoing resolution is hereby approved this 2 day of July, 20 19 /' 20 R. CAREY D IS, Mayor 21 City of San ernardino Approved as to form: 22 GARY D. SAENZ, 23 City Attorney 24 By: 25 COUNCIL MEETING - 7/20/15 Cl31,$tYipe-Inc. ITEM 50 FILE NQ. 1.7446 RESOLUTION #2015-153 AUG 0 5 2015 ACCT.NO. 242-160-5504-7946-0025 CITY OF SAN BERNARDINO STATE OF CALIFORNIA BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12992 FOR TDA ARTICLE 3 (BIKE LANE) ALONG "G" STREET . FROM g.., INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVRNUE FROM "G STREET TO "E" STREET TC 13-002) o NO 2 !6 i e.p. 3/31/ DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO MAY, 2015 BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. w ON JUNE 23 ,2015 w FILE NO. 1.7946 ACCT NO.242-160-5504-7946-0025 CITY OF SAN BERNARDINO STATE OF CALIFORNIA ADDENDUM NO. ONE BID AND CONTRACT DOCUMENTS PLANS AND SPECIAL PROVISIONS NO. 12992 FOR TDA ARTICLE 3 (BIKE LANE)ALONG "G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND RIALTO AVENUE FROM "G" STREET TO "E" STREET ( TC 13-002 ) The Special Provisions for this project have been amended as follows: 1. BID ITEM NO. 34 NPDES REOUIREMENTS for BMP, on Page B-6 of the BID SCHEDULE, has been deleted. 2. BID ITEM NO. 35 SURVEYING SERVICE, on Page B-6 of the BID SCHEDULE,has been deleted. ALL BIDDERS SHALL INDICATE RECEIPT OF THIS ADDENDUM NO. ONE AT THE BOTTOM OF THE BIDDER'S INFORMATION SHEET INCLUDED IN THE BID DOCUMENTS OF THESE SPECIAL PROVISIONS. BY: DATE: �' EMILIO M. MVmeer Interim City ADDENDUM NO.ONE PLANS AND SPECIAL PROVISIONS NO. 12992 JUNE 22,2015 ATTACHMENT TO SPECIAL PROVISIONS BID ITEMS ADDENDUM NO. ONE ADDENDUM NO.ONE PLANS AND SPECIAL PROVISIONS NO. 12992 JUNE 22,2015 BID SCHEDULE PLAN NO. 12992 TDA ARTICLE 3(BIKE LANE)ALONG"G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E"STREET (TC 13-002) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN FIGURES IN FIGURES IN FIGURES 1. 1 LS MOBILIZATION, LS $ --------------------------------------------------------------------------------------------------------------------------------------------------------------------- 2. 1 LS TRAFFIC CONTROL LS $ CLEARING AND GRUBBING, 3. 1 LS (WET SANDBLASTING and GRINDING) of LS $ Existing Traffic Striping and Pavement Marking.Removal,Salvage existing signs and Posts PAINT BIKE LANE SYMBOL 4. 27 EA THERMOPLASTIC,per CA MUTED, Figure $ /EA $ 9C-7 5. 23 EA PAINT BIKE LANE ARROW,per CA MUTCD. $ /EA $ Figure 9C-313 PAINT DOUBLE YELLOW 6. 1,100 LF CENTERLINE,THERMOPLASTIC per CA $ LF $ MUTCD,Detail 22 PAINT BIKE LANE LINE, 7. 7,250 LF THERMOPLASTIC, per CA MUTCD, $ 2F $ Detail 39 PAINT BIKE LANE INTERSECTION LINE, 8 930 LF THERMOPLASTIC, per CA MUTCD, $ /L,F $ Detail 39A 9 18 EA PAINT TYPE III LEFT ARROW, THERMOPLASTIC, per CA MUTCD, $ BA $ Figure 313-21 B-2 BID SCHEDULE PLAN NO. 12992 TDA ARTICLE 3(BIKE LANE)ALONG"G"STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E"STREET (TC 13-002) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN FIGURES IN FIGURES IN FIGURES 10 735 LF PAINT CHANNELIZING LINE,THERMOPLASTIC,per CA MUTCD, $ DETAIL 38 11 2,370 LF PAINT 2-WAY LEFT TURN LANE, THERMOPLASTIC, per CA MUTCD, DETAIL 32 $ 2F $ 12 580 LF PAINT DOUBLE/DOUBLE YELLOW CENTER LINE,THERMOPLASTIC,per CA $ 2F $ MUTCD, DETAIL 29(CA) 13 11 EA PAINT SHARED BIKE LANE SYMBOL AND ARROW,THERMOPLASTIC,per CA $ /EA $ MUTCD, Figure 9C-9(CA) PAINT DROP LANE LINE, 14 825 LF THERMOPLASTIC,per CA MUTCD, Detail $ ILF $ 37B 15 2,120 LF PAINT LANE LINE,THERMOPLASTIC,per $ /LF $ CA MUTCD, Detail 9 PAINT TYPE III RIGHT ARROW 16 6 EA THERMOPLASTIC,per CA MUTCD, $ /EA $ Detail 311-21 PAINT WHITE CROSSWALK 12"SOLID 17 525 LF WHITE 10'CLEAR SPACE, $ ILF $ THERMOPLASTIC B-3 BID SCHEDULE PLAN NO. 12992 TDA ARTICLE 3(BIKE LANE)ALONG"G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E"STREET (TC 13-002) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN FIGURES IN FIGURES IN FIGURES 18 60 LF PAINT 12"WHITE LIMIT LINE, $ /LF $ THERMOPLASTIC 19 3 EA PAINT HIGHWAY RAILGRADE CROSSING PAVEMENT MARKING $ /EA $ FIG.811-7(CA)MUTCD THERMOPLASTIC 20 256 LF PAINT 4"SOLID WHITE LANE LINE, $ /LF $ THERMOPLASTIC PAINT 24"WHITE STRIPE, $ /LF $ 21 50 LF THERMOPLASTIC 22 15 EA INSTALL ROADSIDE SIGNS AND POST $ /EA $ (R26(CA),R81)per Fig.211-16;Fig.911-2 INSTALL ROADSIDE SIGN ON EXISTING 23 4 EA POST/STREET LIGHT STANDARD(R26 $ /EA $ CA,R81) Per FIG.913-2;FIG.211-16(CA) MUTCD INSTALL ROADSIDE SIGNS AND POST $ /EA $ 24 1 EA R26(CA);R81,R81A(CA);Fig.911-2 B-4 BID SCHEDULE PLAN NO. 12992 TDA ARTICLE 3(BIKE LANE)ALONG"G"STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E"STREET (TC 13-002) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN FIGURES IN FIGURES IN FIGURES 25 1 EA INSTALL ROADSIDE SIGNS ON $ /EA $ EXISTING POST/STREET LIGHT STANDARD (D11-1;M6-I(L);R26 26 EA INSTALL ROADSIDE SIGNS AND $ /EA $ I POST R3-7 INSTALL ROADSIDE SIGNS AND 27 1 EA POST W73A(CA) $ /EA $ INSTALL ROADSIDE SIGNS AND POST 28 1 EA W74(CA) $ /EA $ 29 1 EA INSTALL ROADSIDE SIGNS AND POST R3-7;R26;R81 $ /EA $ 30 1 EA INSTALL ROADSIDE SIGNS ON EXISTING POST/STREET LIGHT STANDARD;W73A $ /EA $ 31 1 EA INSTALL ROADSIDE SIGNS ON EXISTING POST/STREET LIGHT STANDARD; $ /EA $ W3-3;R81;R26 32 1 EA INSTALL ROADSIDE SIGNS ON EXISTING POST/STREET LIGHT STANDARD; $ /EA $ W74;R26 REPLACE EXISTING TRAFFIC 33 16 EA DETECTOR LOOP WITH TYPE E $ /EA $ B-5 BID SCHEDULE PLAN NO. 12992 TDA ARTICLE 3 (BIKE LANE)ALONG"G"STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E"STREET (TC 13-002) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN M FIGURES IN FIGURES IN FIGURES 34 1 LS NPDES REQUIREMENTS for BMP,per LS $ DELETED SECTION 6-1.03 35 1 LS SURVEYING SERVICE,per SECTION 6-1.10 LS $ DELETED TOTAL BID $ BID NOTES: All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices shall govern over"TOTAL"amounts. Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to compete the project, as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID DOCUMENT section as their bid to the City. Failure to do so will result in bid being non-responsive. Any situation not specifically provided for will be determined in the discretion of the City of San Bernardino (CITY), and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the prompt and economical completion of the work.. The decision of the CITY respecting the amount of a bid,or the existence or treatment of an irregularity in a bid,shall be final. BIDDER declares that this BID is based upon careful examination of the work site and the Bid and Contract Documents. B-6 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. 12992 - SHEETS I -4 TDA ARTICLE 3(BIKE LANE)ALONG"G"STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E"STREET(TC 13-002) TRANSPORTATION DEVELOPMENT ACT(SANBAG)—PEDESTRIAN/BICYCLE ACCESS IMPROVEMENT CITY OF SAN BERNARDINO Contents of Bid and Contract Documents TABLE OF CONTENTS DESCRIPTION OF DOCUMENTS PART ADMINISTRATION PAGE NUMBERS NOTICE INVITING SEALED BIDS A-1 BID DOCUMENTS BID FORM B-I BID SCHEDULE 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-CONCLUSION AFFIDAVIT C-9 DEBARMENT AND SUSPENSION CERTIFICATION C-10 CERTIFICATION (of foregoing questionnaire and statements) . . . C-I 1 NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS) . . . . . . . C-12 FORM OF BID BOND C-15 REFERENCES R-1 Local Agency Bidder UDBE Commitment(Exhibit 15-G1 ) . . . .. . . . . .. . . . . . .. D-1 UDBE INFORMATION—GOOD FAITH EFFORTS (Exhibit 15-H). . . . . . . . . . . . . D-3 Local Agency Bidder DBE Information (Exhibit 15-G2). . . . . . . . . . . . . . . .. . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . 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 . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 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-17 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-17 SECTION 5 LEGAL REQUIREMENTS .. . ... .. .. . . .. ... .. ... ........ . ... .. .. . .. >o SP-18 5-1.01 LABOR NONDISCRIMINATION . . SP18 5-1.02 RESPONSIBILITY FOR DAMAGE . . . . . , . . . . . . . . . . , SP-18 5-1.03 DIFFERING SITE CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . SP-18 5-1.04 SUSPENSION OF WORK SP-19 5-1.05 PUBLIC SAFETY . . . . . . . . . . . . . . . . . . . . . SP-20 5-1.06 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES . . . . .. . . . SP-21 5-1.07 SUBCONTRACTING AND DBE RECORDS SP-22 5-1.08 DBE CERTIFICATION STATUS CHANGE SP-23 5-1.09 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS SP-23 5-1.10 SUBCONTRACTING SP-24 5-1.11 EMPLOYMENT OF APPRENTICES . , . . SP-25 5-1.12 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS . . . . . . . . . . . SP-26 5-1.13 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS . . . . . . . SP-26 5-1.14 PROMPT PAYMENT OF WITHHELD FUNDS . . . . . . . . . . . . . SP-27 5-1.15 INSURANCE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . SP-27 5-1.16 LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . SP-28 5-1.17 WORKERS'COMPENSATION INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-29 5-1.18 PAYMENT OF PREVAILING WAGE RATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-29 5-1.19 PAYROLL RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-29 5-1.20 CONTRACTOR'S LIABILITY . .. . . .. .. . . . . . . . . . . . . . . . . . . . . .. . .. . . . . .. . . . SP-30 5-1.21 ATTORNEY'S FEES AND ARBITRATION . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . SP-31 5-1.22 CITY BUSINESS REGISTRATION CERTIFICATE SP-31 SAMPLE INSURANCE FORM . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . SP-32 SAMPLE INSURANCE FORM . . . . . . . .. . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . SP-33 SECTION 6 GENERAL ............................ ..... .............. ........... SP-34 6-1.01 INCREASED OR DECREASED QUANTITIES SP-34 6-1.02 SOUND CONTROL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-34 6-1.03 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM(NPDES) REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-35 6-1.04 PERMITS AND LICENSE . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-39 6-1.05 EXTRA WORK AND MARKUP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-40 6-1.06 HOLIDAYS,WORKING DAYS AND HOURS . , SP-40 6-1.07 PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-41 6-1.08 PROJECT APPEARANCE . . . . . . . . . . . . . . . . . . . . . . . . . . SP-41 6-1.09 DISPOSAL OF EXCESS EXCAVATED OR REMOVED MATERIAL . . . . . . . SP-41 6-1.10 SURVEYING SERVICE . . . . . . . .. . . . . . . . . . . . . . . . . . . . . SP-42 6-1.11 CLAYTON ACT AND CARTWRIGHT ACT . . . . . . . . . . . . . . . . . . . . SP-42 6-1.12 PROJECT ERRORS,OMISSIONS,INCONSISTENCIES AND/OR DISCREPANCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-43 6-1.13 EMERGENCY INFORMATION SP-43 6-1.14 MAINTENANCE OF EXISTING IMPROVEMENTS . . . . . . . . . SP-43 6-1.15 CONTRACTOR'S SAFETY RESPONSIBILITY . . . .. . . . . . . . . . . . . SP-43 6-1.16 SAFETY SUPERVISOR AND MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-44 6-1.17 MEETINGS . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. .. . . . . . . SP-44 6-1.18 PAYMENT • . . . . . . . . . . . .. . . . . . . . . . . . .. . . .. .. . . . . .. . . . . . . ., ., . . . SP-44 SECTION 7 UTILITIES ........................... .............................. SP-45 7-1.01 GENERAL . . . . . •. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. .. . . . .. . . . . . . . . . . . . . . SP-45 7-1.02 CONTRACTOR'S RESPONSIBILITY . . . .. . . . . . .. . . . . . .. .. . . .. . . . . . . . . . . . . SP-48 7-1.03 COOPERATION AND COLLATERAL WORK . . . .. . . . . . . . . . .. . . . . . . . . . . . . SP-48 7-1.04 UTILITIES NOTIFICATION . .. . . . . . . . . . . .. . . . . . SP-48 7-1.05 UTILITIES INTERFERENCE . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . .. SP-49 7-1.06 PAYMENT . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-49 SECTION 8 DESCRIPTION OF WORK . .... . .. ... . .. .. .. . . ...... SP-50 8-1.01 DESCRIPTION SP-50 8-1.02 ORDER OF WORK . . . . . . . . . . . . . . . . . . SP-50 8-1.03 WORK SITE MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-50 8-1.04 PROJECT LOCATIONS SP-51 8-1.05 PRE-BID INQUIRES SP-51 SECTION 8-2 MATERIALS-MISCELLANEOUS ... . . .. ... .. . SP-52 8-2.01 BUY AMERICA REQUIREMENTS . . . . . . . ........ SP-52 8-2.02 APPROVED MATERIALS SP-53 8-2.03 CITY-FURNISHED MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . SP-53 SECTION 9 TRAFFIC CONTROL • • • • ••. SP-54 9-1.01 GENERAL SP-54 9-1.02 TURN RESTRICTIONS . . . . . SP-55 9-1.03 PARKING RESTRICTIONS SP-55 9-1.04 TRAFFIC LANES SP-56 9-1.05 PUBLIC CONVENIENCE SP-56 9-1.06 FLASHING ARROW SIGNS SP-56 9-1.07 LANE CLOSURE . . . . . . . . . . SP-56 9-1.08 PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-57 SECTION 10 MOBILIZATION ........ . . ... .. .......... ....... SP-58 10-1.01 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-58 10-1.02 PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-59 SECTION 11 CLEARING&GRUBBING .................................................................... SP-60 SECTION 12 THROUGH SECTION 19 -- BLANK • ......•• ••• SP-61 SECTION 20 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKING . . . . SP-62 20-1.01 GENERAL . . . . . . . . . , . . SP-62 20-1.02 PAYMENT . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-62 SECTION 21 THROUGH SECTION 22 -- BLANK ...... ........ ........ ..........•.•.•. SP-64 SECTION 23 ROADSIDE SIGNS SP-65 23-1.01 GENERAL . . . . .. . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . SP-65 SP-65 23-1.02 PAYMENT . . . . . . . . . . . . . . . . SECTION 24A INDUCTIVE LOOP DETECTOR .. ., . . . , . . • •• • . SP-66 23-1.01 GENERAL .......................................................................................... SP-66 23-1.02 PAYMENT SP-69 SECTION 25 THROUGH SECTION 49 -- BLANK .. . . . ... ... .. .... .. SP-70 SECTION 50 REMOVAL AND RESTORATION OF EXISTING IMPROVEMENTS EXCEPT STREET PAVEMENT SP-71 50-1.01 GENERAL SP-71 50-1.02 PAYMENT SP-72 PART III PAGE FEDERAL REQUIREMENTS 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): $70,000 to$80,000 NOTICE INVITING SEALED BIDS CITY OF SAN BERNARDINO Owner NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids for: TDA ARTICLE 3 (BIKE LANE) ALONG "G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM "G STREET TO "E" STREET (TC 13-002) in accordance with Special Provision No. 12992 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-bernardino.ca.us/services/request forbids/public works/default.asp. Project documents are also available on CD, at no cost, if picked up in person. Upon request a CD of the Plans and Special Provisions may be mailed for an additional fee of$10.00. 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 23, 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 , June 9, 2015, at 2:30 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.ca.govldirdatabases.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.govldavisbaconlindex.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 a City Engineer's Office 300 North"D" Street, Third Floor San Bernardino, CA 92418 SUBJECT: TDA ARTICLE 3 (BIKE LANE)ALONG"G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM "G" STREET TO "E" STREET (TC 13-002) PLANS& SPECIAL PROVISIONS NO. 12992 Attention: Robert Sepulveda, Engineering Associate, Project Manager Tel: (909) 384-5167; Fax: (909) 384-5190 E-mail: sepulveda_ro @ci.san-bemardino.ca.us 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: 12992 SHALL APPEAR IN FIRST ISSUE NOT LATER THAN DATE: 05/26/15 and 05/31/15 FIVE DAYS BETWEEN FIRST &SECOND PUBLICATION SIGNATURE: DATE: A-4 BID DOCUMENTS BID FORM TO THE MAYOR AND COMMON COUNCII. OF 2, 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 TDA ARTICLE 3 (BIKE LANE)ALONG "G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM "G STREET TO "E" STREET (TC 13-002) in strict conformity with Plans and Special Provisions No. 12992, of the Public Works Department, 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 06-22-2015 04:39pm From-CITY OF SAN BERNARDINO +9093845155 T-952 P.003/007 F-585 BID SCHUDU LL PLAN NO. 12992 TDA ARTICLE 3(BIKE LANE)ALONG"G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E"STREET (TC 13-002) DESCRIPTION Of ITEMS UNIT PRICE TOTAL ITEM ES'FIMATED IN FIGURES NO. QUANTITY UNIT WITH UNIT YRICr WRITTEN IN FIGURES 1N EIGURI�S 1. 1 LS MOBILIZATION, LS S ----------------------------- -----------------------------•-- 2. 1 LS TRAFFIC S AFFIC CONTROL S 5-8�25!- CLEARING AND GRUBBING, t I la S?2- 3 I LS (WET SANDBLASTING and GRINDING) of LS Existing Traffic Striping and Pavement Marking.Removal,Salvage existing signs and Posts PAINT BIKE LANE SYMBOL SdZ SEA 4 77 EA THERMOPLASTIC,per CA MUTCD, Figure $�DS 9C-7 5. 23 EA PAINT BIKE LANE ARROW,per CA MUTCD. S 30u°JEA S Figure 9C-3B PAINT DOUBLE YELLOW 6 1,100 LF CENTERLINE,THERMOPLASTIC per CA MUTCD,Detail 22 PAINT BIKE LANE LINE, 3C� LF S '2 8z 7. 7,250 LF THERMOPLASTIC, per CA MUTCD, S-J Detail 39 PAINT BIKE LANE INTERSECTION LINE, t ELF 1; 362. 70 g 930 LF THERMOPLASTIC, per CA MUTCD, Detai139A /rah 9 is EA PAINT TYPE III LEFT ARROW, THERMOPLASTIC, per CA MUTCD, Figure 3B-21 B-2 06-22-2015 04;39pm From-CITY OF SAN BERNARDINO +9093845155 T-952 P-004/007 F-585 BID SCHEDULE - PLAN NO. 12992 TDA ARTICLE 3 (BIKE LANE)ALONG"G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E"STREET (TC 13002) DESCRIPTION OF ITEMS UNIT PRICE. TOTAL ITEM ESTIMATED IN FIGURES NO. QUANTITY UNIT WITH UNrf PRICE WRITTEN M FIGURES INFTGURES 10 735 LF PAINT CHANNELIZING $ �(ps /LF $ 7S LINE,THERMOPLASTIC,per CA MUTCD, DETAIL 38 11 2,370 LF PAINT 2-WAY LEFT TURN LANE, THERMOPLASTIC, per CA MUTCD, DETAIL 32 12 580 LF PAINT DOUBLE/DOUBLE YELLOW A0 Q CENTER LINE,THERMOPLAST IC,per CA $ !• /LF MUTCD, DETAIL 29(CA) 13 11 EA PAINT SNARED BIKE LANE SYMBOL AND S 2�EA S l u�� - ARROW,THERMOPLASTIC,per �`�`-=/ MUTCD, Figure 9C-9(CA) PAINT DROP LANE LINE, 14 825 LF THERMOPLASTIC,per CA MUTCD, Detail $ '(oS" /I,F $ 5`36 37B 15 2,120 LF PAINT LANE LINE,THERMOPLASTIC,per S 37- /LF S�0 7F-4-f-9- CA MUTCD, Detail 9 PAINT TYPE III RIGHT ARROW $ S0 EA $_ 1 y y 16 6 EA THERMOPLASTIC,per CA MUTCD, Detail 3B-21 PAINT WHITE CROSSWALK 12"SOLID S /.� /LC $ 5;Z-5 17 525 LF WHITE 10'CLEAR SPACE, THERMOPLASTIC B-3 06-22-2015 04:39pm From-CITY OF SAN BERNARDINO +9093845155 T-952 P-005/007 F-585 BID SCHEDULE PLAN NO. 12992 TDA ARTICLE 3 (BIKE LANE)ALONG"G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E" STREET (TC 13-002) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE IFIGURES OTOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRI'1 TEN IN FIGURLS IN FIGURES 18 6 0 LF PAINT 12"WHITE LIMIT LINE, SJA J LF $_60 � THERMOPLASTIC 19 3 EA CROSSING PAVEMENT MARRING $ f 75flA $ Z FIG.8B---7(CA)MUTCD THERMOPLASTIC 20 256 LF PAINT 4"SOLID WHITE LANE LINE, $ /LF $—Oz THERMOPLASTIC W PAINT 24"WH1TIr STRIPE, $ /LF $_ 21 50 LF THERMOPLASTIC 22 15 EA INSTALL ROADSIDE SIGNS AND POST $a?3S 1EA $ 3 szS•7 (R26(CA),1181)per Fig.211-16;Fig.911-2 INSTALL ROADSIDE SIGN ON EXISTING 23 4 EA POST/STREET LICHT STANDARD(1126 $ EA CA,R81) Per FIG.911-2;FIG.2B-16(CA) MUTCD co INSTALL ROADSIDE SIGNS AND POST 24 1 EA R26(CA);R81,R81A(CA);Fig.911-2 B-4 06-22-2015 04:39pm From-CITY OF SAN BERNARDINO +9093845155 T-952 P.006/007 F-585 BID SCHEDULE PLAN NO. 12992 TDA ARTICLE 3(BIKE LANE)ALONG"G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E" STREET (TC 13-002) DESCRIPTION OF ITEMS UNIT PRICE TOTAL ITEM ESTIMATED NO. QUANTITY UNIT WITH UNIT PRICE WRTITEN IN FIGURES IN FIGURES IN FIGURES 25 1 EA INSTALL ROADSIDE SIGNS ON SEA $��-� EXISTING POST/STREET LIGHT STANDARD (DI1-1;M6-I(L);R26 26 EA INSTALL ROADSIDE SIGNS AND $A5_:j0a EA $ 1 POST 113-7 INSTALL ROADSIDE SIGNS AND $ ,�^� A $ a�JCS 27 1 rA POST W73A(CA) INSTALL ROADSIDE SIGNS AND POST $�i�-�g�LA 28 1 EA W74(CA) 29 I EA INSTALL ROADSIDE SIGNS AND POST $ 7cr-9l�EA $ �SSA-a R3-7;R26;R8I 1 EA INSTALL ROADSIDE SIGNS ON EXISTING 30 POST/STREET LIGHT STANDARD;W73A 31 1 EA INSTALL ROADSIDE SIGNS ON EXISTING l7S� S POST/STREET LIGHT STANDARD; $ W3-3;1181•R26 32 1 EA INSTALL ROADSIDE SIGNS ON EXISTING $ -!-/F A $ ` POST/STREET LIGHT STANDARD; W74;R26 REPLACE EXISTING TRAFFIC t12 QQ o 33 16 T-A DETECTOR LOOP WITH TYPE E S��• J EA $ 39V� B-5 06-22-2015 04:39Pm From-CITY OF SAN BERNARDINO +9093845155 T-952 P.007/007 F-585 BID SCREVULE PLAN NO. 12992 TDA ARTICLE 3 (BIKE LANE)ALONG "G"STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E" S'fREET (TC 13-002) ITEM ESTIMATED DESCRIPTION OF ITEMS UNIT PRICE TOTAL NO. QUANTITY UNIT WITH UNIT PRICE WRITTEN IN FIGURES IN FIGURES IN FIGURES 34 1 LS NPDES REQUIREMENTS for BMP,per LS 4: DELETED SECTION 6-1.03 35 1 LS SURVF.YINC SERVICE,per SECTION 6-1.10 LS D� E F�ED TOTAL j BID NOTES: All blank spaces appearing above must be filled in. In case of discrepancy in Bid Amounts, "UNIT" prices shall govern over"TOTAL"amounts. Total bid price for the entire contract work shall include the cost of labor, materials, equipment parts, implements, taxes and supplies necessary to compete the project, as based on the City Engineer's estimate of quantities of work. The total price must be extended for each item of work and the total of all items inserted in the space provided. Bidders shall complete and submit entire BID DOCUMENT section as their bid to the City. Failure to do so will result in bid being non-responsive. Any situation not specifically be determined in the discretion of the City of San Bernardino fically provided for w (CITY), and that discretion will be exercised in the manner deemed by the CITY to best protect the public interest in the prompt and economical completion of the work.. The decision of the CITY respecting the amount of a bid,or the existence or treatment of an irregularity in a bid,shall be final. BIDDER declares that this BID is based upon careful examination of the work site and the Bid and Contract Documents- B-6 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.: &2 53 I CLASSIFICATION(S): A DATE: 1-5i -1 to # 2(P --014 -7-78(, FIRM NAME: "L- BUSINESS ADDRESS: UA4c 6• Sie-EL_ AC) UL:T0 N CA- '11193>4 BUSINESS PHONE: 110-7-22 Lt--7j-1 U FAX: ��'ri 8�4-'lt oro CELL: If an individual, so state. If a firm or co-partnership, give the names of all individuals, co-partners composing the firm. If a corporation,give the names of the president,secretary,treasurer and manager thereof. 'C r�RP�f�IR—„��► $ years Is Bidder currently a certified DBE? Yes ❑ No ,lam Legal Status of Firm Age of firm Annual Gross Receipts: <$1,000,000 ❑ <$5,000,000 ❑ <$10,000,000 ❑ <$15,000,000 ❑ >$15,000,000 V NAME M ADDRESS LES) o d Zi��fc�t. ccr• PR�SiDz' C kC(P C►- �L�►�A�A1u S�II►R.=T '� --5 i E`v�' Ft.[�-�l.i�=1'-L—. Chi"i`�fLtk�-�`-i�►2 SIGNATURE OF BIDDER: 1 � � Dated: j U t-L << ,20 1 BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. 1 SE DATE: (o-Z2-19 ADDENDUM NO. 2 DATE: ADDENDUM NO. 3 DATE: ADDENDUM NO. 4 DATE: C-1 sue;pe- me-. BIDDER'S FIRM NAME DESIGNATION OF SUB-CONTRACTORS In compliance with the provisions of Section 4100-4110 of California Public Contract Code of the State of California, and any amendments thereof, each bidder shall set forth the name and location of each subcontractor who will perform work or labor or render service to the Contractor. Name &Address DBE in which CALTRANS Specific Sub-Contractor's Certification No. Sub-Contractor's Dollar Amount Work Incense is held (If Applicable) Phone No. of Sub-Contract Description 78-k&::kff o $, 388c �0 7 g , �'l—cps soy $ a- YM3 3, 4. 5. IF ADDI'T'IONAL SPACE IS REQUIRED,PLEASE DUPLICATE THIS SIIEET DO NOT WRITE ON THE BACK 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: JL4vie- 11� �►� Gam+-5�i i�E ���� {Contractor) By: -A�� N1aj,tA,4 E(?— (Title) Atte . By: ' ,tlA,— _ Ly bW4,C 4&VVrn&r (Title) C-5 (THE BIDDERS 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 CI\t, S i F�t i�� , 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 `-/ 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: N fAY 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-IQ 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: Junc 14 attS- CA L, sr-R-t Pe I t-L&- (Name of Bidder) SIGN (Print Name of Person Signing) HERE �J (Signature of Bidder) Business Address: go4o e !Sr�C1. 4.0 CUCTD N c ik- 72,314- Address of Residence: C-11 FORM OF BID BOND i 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 TDA Article 3(Bike Lane)Along"G"Street From Inland Center Drive to Rialto Avenue and Along Rialto Avenue From"G"Street to"E"Street, (TC13-002),Special Provision No.12992 (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 23,2015 (Insert date of opening) NOW, THEREFORE, I i 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 i 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 16th day of June , 2015 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. t i Cal Stripe,Inc. (SEAL) Liberty Mutual Insurance Company (SEAL) Principal Surety ! I By: v � By: signature signature Steve Fleener,General Manager Maria Guise.Attorney-in-Fact Printed Name and Title Printed Name and Title NOTE;Nowization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form � C-15 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �—.� " — —ter— — —r — - — 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 6/17/15 before me, Lorraine Manzanares, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Fleener Name(s)of Signer6) who proved to me on the basis of satisfactory evidence to be the person(4 whose name)Qs are subscribed to the within instrument and acknowledged to me thatQgoshe/they executed the same in (0her/their authorized capacity(reg),and that byCipher/their signature(*on 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 is true and correct. RA INE MANZANARESt LOR WITNESS my hand and official seal. Commission# 1980098 L Z ,�•� Notary Public-California z Z ' San Bernardino County Signature My Comm.Expires May 28,2016 Signature of No ry Pu is 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: 6/16115 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.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code§ 1189 Fary public or other officer completing this certificate verifies only the identity of the individual who signed ocument,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 16 2015 before me, John Richard Flores JR. Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Maria Guise Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(* whose name(M6 is/;J# subscribed to the within instrument and acknowledged to me that 0#/she/JW#y executed the same in AW/her/t authorized capacity(j' , and that by 016/her/t1h#N signature f*) on the instrument the JOHN RICHARD FLORES JR. personN, or the entity upon behalf of which the person(W COMM. #2036097 z acted, executed the instrument. cc Notary Public-California o 1 certify under PENALTY OF PERJURY under the laws of z San Diego County Comm � fires A 8,2017 the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signatur Place Notary Seal Above Signature o otary ohn Richar lores JR. 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 THUT,1BPPi,1j ❑ Attorney in Fact RIGHT THU�,,IBPRINT ❑ Trustee ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Surety Company THIS POWER OFATTORNEY iS NOT VAUD 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.6964648 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 America,,Fire&Casualty Company and The ObioCasualty tnsurarim Company are corporations duly organized under the laws of the State of New Hampshire,Ural Liberty Meal insurance Company is a corporation duly organized under#*taws of it*State of Massachusetts,and Vibst American Insurance Company is a corporation duly organized underthe taus of the -of Indiana(herein collectively called the UmpanW,pumsfa"tto and by only hereth set forth,does hereby name,constitute and appoint, Charlotte Aquino•James Batdassare Jr.'Jarnice Martin;Jennifer L.Claonrt;Lawri n6 F.McMahon, 4a6a 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 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 lire president and attested by the secretary of the Companies in,tier 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 27th day of April 2015 D`Casa �Y frosU �,,.��� 004svR American Fire and Casualty Company V The Ohio Casualty Insurance Company � n o Liberty Mutual Insurance Company a: 79#IG a O 1919 a r 1912 °3 1991 a C T. All „� A West American Insurance Company By: + STATE OF PENNSYLVANIA ss David M.Dare , stant Secretary o COUNTY OF mowisOWERY C it d t-& On this 27th bey of April 2015,before me,personally appeared David M.Carey,who acknowledged,himself to be the Assistait Secretary of American Fire are v Cl a Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American tnsuiance Company,and that he,as such,being authorized so to do, ''u pc;a execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. 4 iN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notariai seal at Plymouth Meeting,Pennsylvanea on the day and year first above written. O CL a.a PA& eortertoxwe,�►r Ti+at=eEntrtsnvA�ftA 7 Notarial seal ids Q%LE O V Teresa Pastella,Notary Public gy O ` n OF PlymonrhTwp..mordswnery-County Teresa Pastella,Notary Public .G My Commission Expires March 28 2017 3� �. omm 4D ' may Member,Perwayh miaAssoaatim of Notaries LL P� This PowerofAttolveyis made andexecutedptasuardtoarndbyaulhmilyof the folloM%By-W"aWAWomahonsofAmewmF4eaidCasu*Company,The OhiDCasuaftytnsurarnce .a c Company,Liberty Mutual insurance Company,and WestAmnenm Insurance Company which rest ohs are now in M brce and effect reading as follows: C 4R EA tab"m ARTICLE IV-OFFICERS-Section 12.Power ofMomey.Any officer or other official of the Corporation authorized for that purpose in wrifing bythe Chairman or the President,and subject O s to such limitabw as the Chairman or the President may prescribe,shall appoint such atlomeys i-fact,as may be necessary to act in behalf of the Corporation to make,0=08,seat, +m g acknowledge and defier as surety any and all undertakings,bonds,recognizances and other surety obligations.Sueh_aftorneys-in-fact,subject to the limitations set forth in their respective -� powers of attorney,shall have fuU power to bind the Corporation by thear sr9nalure Arid execration of any such instnnruer>ffi and to attach thereto the seal of Corporation. When SO executed,such msbumerits shall tl�asbinding asif sigrtei'ins President anAattes�#oby the Setxeta.ArtypoilW- g ill anyrepFeserntafhre oradtorrney in fact urnder > the provisions of this article may be-revoked at any time by ft Board,the t�haiirrman,the Priesident or by the dlicer or offers grantin g such power or authority. s 14 it ARTICLE Xlfl-Execution of Contracts-SECTION 5. Bonds, Undertakings.An officer of the w R ng y Oarrrpany at riled for that purpose Ir►-writing by the cihairman or the president, and subject to such limitations as the chairman w the piestdeiht maypteskriba shalt appoint strdh attomeys=in fact,a be necessary to tfebalfof the Company to make,emkecufe. _A� seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and-other suiriety obligation. Such attorneys-in-Uct subject to the limitations set forth in their Z respective powers of attorney,shall Move fnlLpewera herd the Cody by their signature and executiorsof aid such and to attaet+Utenem the seal of the Compary. When so n c executed such instrumerrts shaU.be as bindurgas ifsighned by the president and attested by ae+ etarq fl xQ Certificals of Des"rgnation-The Presideafof a many,ai:tirtig*dtst W to the BY of ff_ie GOM ttutitorii;est)avid of Carey ABsrs Secretary to appoint such a to net's-in- t-T fall a5 may be necessary to act on behalf of ,Company to snake,ext sea* a and deTrlet as surer only end all bonds,recogtritank sand other surety Authorilratim-By unanimous consent of the Companys Board of Directors,the company consents that facsimile or mechanically repmducild signature of any assistant seeletay of the Company,whenever 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. 1,Gregory W Davenport,the urndemigrned,Assistant Secretory,of American Fire and Casually Company,The Ohio Casualty Insurance Company,Liberty Morin Insrrrarrce Company,and WestAmericarn insurance Company do hereby certify thalthe ongmal power of attorney of which the bgomg is a hull,tare and correct copy of the Power of Attorney executed by said Companies,is in full force andefferit and has not been revoked. 16 iN TE51"iNtklY WHEREOF f have hereunto set my hand and affixed the seals of said Companies this day of 20 . �ocxs� -f INS µrnsu a 7406 Ey 7979 7412 `� 7991 By` Gregory W.Davenport,Assistant Secretary 170 of 250 LMS 12873_122013 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 FOLLOW/ING THIS FORM LOCAL AGENCY: 3".a'o LOCATION:. 170 �A PROJECT DESCRIPTION: --r ,e4-&3-(z,-tez,4ed TOTAL CONTRACT AMOUNT;S BID BIDDER'S NAME:___CA_z_S6e/_� Ar_ CONTRACT UDBE GOAL:---/.615,67,;' --- --- ----- CONTRACT ITEM OF WORK AND DESCRIPTION DBE CERT.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 for contracted if the bidder is a DBE) and phone number_ ______._ PqA41#44- ffl ii�jj PE�e _76-6--—T2(– 7? Pi 00-40 -7 to_ For Local Agency to Complete: Total Claimed DBE $ r Local Agency Contract Number: Participation Federal Aid Project Number: (0s;-0/0 Federal Share: Contract Award Date: Local Agency certifies that all DBE certification have been verified and all information is complete and accurate. Signature of Bidder Print Name Signature Date a=L9-1511- Local Agency Representative Date (Area Code)Tel.No. (Area Code)Telephone Number: S4e ye F tee iie P_ 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 6/26/09) 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 D-6 Exhibit 15-G�t 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, .Judy 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, 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 Office of the City Engineer, Public Works Department, located on the 3rd floor of City Hall for the City of San Bernardino, 300 N. "D" Street, San Bernardino. SP-1 The mailing address for the City of San Bernardino Public Works Department is: City of San Bernardino Public Works Department 300 North"D" Street, 3`d 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 2012 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 TALTRANS Standard Specifications" shall mean the Standard Specifications, dated May 2010, 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 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 REQUIREMENTS 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. 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 m 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 working days after receiving notification of the award. Failure to file the stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient grounds for rescission of the award and payment of 10% of the bid to the CITY as liquidated damages. 3-1.02 AWARD OF CONTRACT -- Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the CITY. Additionally, the CITY reserves the right to reject any or all bids, to accept any bid or portion thereof, to waive any irregularity and to take the bids under advisement for the period of time stated in the legal Notice Inviting Sealed Bids as may be required to provide for the best interest of the CITY. The Contractor's original signature on the Bid Form shall constitute a commitment on the part of the Bidder to furnish the items as set forth in the Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments. The Bidder to whom the contract is awarded shall be notified upon approval of the contract by the Mayor and Common Council. The Bid Form, the Special Provisions-Instructions to Bidders, the Plans, the Standard Specifications, the Notice Inviting Sealed Bids and Addenda, together with any attachments, shall be considered as part of the contract between the CITY and the Contractor to whom the contract is awarded. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. 3-1.03 CONTRACT BONDS -- Payment and Faithful Performance Bonds shall be filed with the Engineer before the Notice to Proceed is executed by the CITY. In accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications, the contract bonds, including Payment Bond(Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of"A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in the State of California. The Contractor shall provide to the CITY three (3) original "wet" copies of Payment and Performance Bonds equal to 100% of the award amount of the contract. SP-14 3-1.04 DISQUALIFICATION OF BIDDERS -- In the event that any Bidder acting as a prime contractor has an interest in more than one submitted bid, all such submitted bids will be rejected and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal bid as a prime contractor. No contract will be executed unless the Bidder is licensed in accordance with the provisions of the State Business and Professions Code. The Contractor shall fill out all documents contained in the Bid Document section, and comply with all the requirements of the Bid Documents and specifications contained in the Special Provisions. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to BW/SWPPP, traffic control and detour plans or escrowed bid documents, where applicable, will delay the issue of the Notice to Proceed, and such delay will subject the bidder to a negative determination of the bidder's responsibility should the bidder choose to participate in future public works bid offerings. SP-15 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-16 4-1.05 LIQUIDATED DAMAGES -- The Contractor shall pay to the City of San Bernardino the sum of $500.00 1 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, 2nd Floor, San Bernardino, CA 92418. SP-17 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-18 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-19 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) 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-20 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-21 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-22 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-23 (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.govldlselDLSE-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-24 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, "Self Performance", 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://oadoleta.gov/. 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.govIDASIPublicWorksForms.htm. SP-25 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-26 5-1.14 PAYMENT OF WITHHELD FUNDS -- Section 9-3.2, "Partial and Final Payment", of the Standard Specifications is amended to read: 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-27 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, "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/Comipleted Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate; 3. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; 4. Employer's Liability: $1,000,000.00 per accident for bodily injury or illness; 5. Course of Construction: Completed value of the project. SP-28 5-1.17 WORKERS' COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-3.3, "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-29 (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-30 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-31 ACORD FORM INSURANCE SAMPLE: ACCORD CERTIFICATE OF INSURANCE DATE(MMJYY/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 TYPE OF INSURANCE POLICY POLICY EFFECTIVE POLICY EXPIR LIMITS L1g NUMBER DATE(MM/YY/DD) DATE(MM/YY/DD) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 FIRE DAMAGE(ANY ONE FIRE) X COMMERCIAL GEN LIABILITY $ 500,000 A CLAIMS MADE OCCUR MED EXP ANY ONE PERSO $ 5,000 X OWNER'S&CONTRACTOR'S PROT 102267576 02/01/98 02/01/99 PERSONAL&ADV INJURY $1,000,000 GENERAL AGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 X AUTO BODII.Y INJURY er 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 S ACCIDENT other than auto only: AGGREGATE WORKERS COMPENSATION AND X WORKERS COMP EMPLOYER'S LIABILITY I STATUTORY LIMITS E.L.EACH ACCIDENT $1'000'000 C WC XXXXXX 02/01/98 02/01/99 $1,000,000 THE PROPRIItETOR/ INCL E.L.DISEASE—EA EMPLOYEE PARTNERS/EXECUTIV $1,000,000 E OFFICERS ARE: EXCL E.L.DISEASE—POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/IACATIONS(VMCLES/SPECML YfEMS JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED RE: (INSERT PROJECT NAME) BELOW NAMES AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AS REQUIRED BY PROJECT CONTRACT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE nffitE.OF, THE CITY OF SAN BERNARDINO THE ISSUEING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMES TO THE DEPARTMENT OF DEVELOPMENT SERVICES LEF1' DIVISION OF PUBLIC WORKS AUTHORIZED REPRESENTATIVE 300 N. "D" STREET, 3RD FLOOR JOHNE.SM17H (Signature) SAN BERNARDINO,CA 92418-0001 ACCORD 25-5 1/95 O ACCORD CORPORATION SP-32 COMMERCIAL GENERAL LIABILITY NAMED INSURED: POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ------ OWNERS, LESSEES OR CONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART-OCCURRENCE SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES/PUBLIC WORKS 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-33 SECTION 6 6-1 GENERAL 6-1.01 INCREASED OR DECREASED QUANTITIES -- If the total pay quantity of any item of work subject to the provisions in Section 3-2.2, "Contract Unit Prices", "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-34 6-1.03 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MDES) REQUIREMENTS -- The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works (Green Book) 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 Mlicable: 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 CoppV Regional Best Management Practices Handbook for Construction Activities. SP-35 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-36 RUNOFF DIVERSION Sodding, Grass Plugging, and Vegetative Buffer strips Earth Dikes,Drainage Swales, and Lined Ditches Top and Toe of Slope Diversion Ditches/Berms Slope Drains and Subsurface Drains VELOCITY REDUCTION Flared Culvert End Sections Outlet Protection/Velocity Dissipation Devices Check Dams Slope Roughening/Terracing/Rounding SEDIMENT TRAPPING Silt Fences Straw Bale Barrier Sand Bag Barrier Brush or Rock Filter Storm Drain Inlet Protection Sediment Traps Sediment Basin Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective. BMPs for contractor activities shall be continuously implemented throughout the project. Resources to implement BMPs for erosion control and sedimentation shall be readily available and implemented throughout the construction phase and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur. STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ): A Storm Water Pollution Prevention Plan (SWPPP) shall be defined as a report that includes site map(s), identification of construction and contractor activities that could pollute storm water, and a K 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-37 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-38 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 Division, 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-39 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-40 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-41 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 RAV 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-42 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-43 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-44 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, 5u'Floor San Bernardino, CA 92418 Phone: (909) 384-5092 Attn: Mike Nevarez SP-45 4. VERIZON Engineering Department 9 S. 4th Street Redlands, CA 92373 Phone: (909) 748-6655 Attn: Control Desk Email: cdinland @verizon.com 5. TIME WARNER CABLE (ADELPHIA;COMCAST) 1500 Auto Center Drive Ontario, CA 91761-1561 Phone: (909) 975-3385 Attn: Bruce"Red"Dewese, Construction Coordinator Cell: (909) 721-8589 Email: bruce.dewese @twcable.com 6. TIME WARNER TELECOM (fiber optic) 3281 Guasti Road, Suite#10 1 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-46 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 l0. 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, 4t'Floor San Bernardino, CA 92418 Phone: (909) 384-5947 Attn: Larry Martin SP-47 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, #I 10 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-48 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-49 SECTION 8 8-1 DESCRIPTION OF WORK 8-1.01 DESCRIPTION -- The work to be done consists, in general, of removing existing traffic striping, raised pavement markers, pavement markings that conflict with proposed striping, painting striping for bike lanes and traffic lanes, by sandblasting, installing thermoplastic traffic striping and raised pavement markers, pavement marking and installing related roadside signs per CALTRANS ( & MUTCD ) standards, providing traffic control 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-50 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, 3`d 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. 12992 TDA ARTICLE 3(BIKE LANE)ALONG"G"STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM "G" STREET TO "E" STREET (TC 13-002) SP-51 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-52 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-53 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-54 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 "NO PARKING" signs within the area of work as required to facilitate construction operations, subject to approval of the Engineer. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time. The Contractor shall furnish, maintain, and install (seven days prior to the start of work) all "TEMPORARY NO PARKING" signs with the duration of the no parking time written on them. The Contractor will be responsible for posting, removing, and maintaining these signs as required for this project. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.. The Contractor shall obtain prior approval from the Engineer for removal of vehicles. SP-55 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 fumish 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-56 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-57 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-58 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-59 SECTION II 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, crosswalks 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. 2. Removal, salvage, and delivery to the CITY YARD existing signs and posts where noted per Plan and as directed by the Engineer. The contractor shall deliver salvaged material to the CITY YARD, at 234 South Mountain View Avenue, San Bernardino, CA 92404. The contractor shall provide equipment, as required, to safely load and unload the salvaged materials. 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, and crosswalks, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-60 SECTION 12 THROUGH SECTION 19 BLANK SP-61 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-62 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-63 SECTION 21 THROUGH SECTION 22 BLANK SP-64 SECTION 23 23-1 ROADSIDE SIGNS AND POSTS 23-1.01 GENERAL -- New installation of roadside signs and posts, installed at the locations shown on the Plans or where directed by the Engineer, shall conform to the California Manual on Uniform Traffic Control Devices (MUTCD), and these Special Provisions. Roadside signs on single post, shall be installed in accordance with the CITY'S Standard Drawing No. 504, and as directed by the Engineer. "SPEED LIMIT 40" (R2-1) "NO PARKING ANYTIME" (R26) "BIKE LANE" (R81) The Standards 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 these standards to the extent feasible; however, emphasis shall be given to matching dimensions of adjoining improvements, subject to concurrence of the Engineer. The Contractor shall obtain approval from the Engineer regarding type of material and required installation prior to placement of any sign posts. 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 bid price paid per each for "ROADSIDE SIGN on Single Post", "ROADSIDE SIGNS) on Existing Street Light Standard", "ROADSIDE SIGN(S) on Existing Posts", shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved in installing new roadside signs on single posts, on Existing Street Light Standard and on Existing Posts, all complete in place, per the Plans, the Standard Specifications, the California MUTCD and these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor. SP-65 SECTION 24A 24A-1 INDUCTIVE LOOP DETECTOR 24A-1.01 GENERAL - Inductive loop detectors shall conform to the provisions in Section 700-1, "Street Lighting and Traffic Signal Materials", and Section 701-1, "Street Lighting and Traffic Signal Systems", of the Standard Specifications for Public Works Construction (SPPWC) "Greenbook" and the California Department of Transportation (Caltrans) Standard Specifications and Standard Plans, latest editions in effect on the first day of the advertised `Notice Inviting Sealed Bids" for this project, and these Special Provisions. The traffic signal work includes installation of new inductive loop detectors as shown on the Plan and/or as directed by the Engineer, and shall conform to Section 701-17.6.3, "Inductive Loop Detectors", and Section 701-17.6.3.2, "Vehicle Detectors", of the "Greenbook" Standard Specifications, and these Special Provisions. 24A-1.02 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEM - Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 a.m. and 3:00 p.m. The Contractor shall place "STOP AHEAD" and "STOP" signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdowns. All signal faces shall be covered when the system is shutdown overnight. Temporary "STOP AHEAD" and "STOP" signs shall be either covered or removed when the system is turned on. "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area Signs", of the Caltrans Standard Specifications. Minimum size of"STOP" signs shall be 36 inches. One "STOP AHEAD" sign and one "STOP" sign shall be placed for each direction of traffic. For two lane approaches, two "STOP" signs shall be placed. Location of signs shall be as directed by the Engineer. Full compensation for furnishing, installing, maintaining and removing temporary "STOP AHEAD" and "STOP" signs and for covering signs and signal faces not in use shall be considered as included in the contract lump sum price paid for the signal items involved, and no additional compensation will be allowed therefor. SP-66 24A-1.03 PULL BOXES - Pull boxes shall be #3-1/2 (except as shown on the Plans) and installed flush with top of curb or concrete sidewalk. Plastic pull boxes will not be allowed. Mark all covers "CITY OF SAN BERNARDINO" and"TRAFFIC". Pull Boxes shall be secured with a locking pull box insert, as manufactured by McCain Incorporated, (760) 727-8100, or approved equal. The manufacturer's product description is included in the APPENDIX of these Special Provisions. The Contractor shall provide a MASTER® lock with two (2) keys, per type and key number provided by the Engineer, for each locking pull box insert. 24A-1.04 CONDUCTORS - Conductors and wiring shall conform to the provisions in Section 209-5.8.2.3, "Conductors", of the "Greenbook" Standard Specifications, and these Special Provisions. Loop wire shall be Type 2. Loop detector lead-in shall be Type C. Nylon jacketed conductors shall not be used. Splices shall be insulated by Method`B" as provided on Caltrans Standard Plan ES-13A. 24A-1.05 INDUCTIVE LOOP DETECTOR - Inductive loop detectors shall conform to the provisions in Section 701-17.6.3, "Inductive Loop Detectors", and Section 701-17.6.3.2, "Installation Inductive Loop Detectors", of the "Greenbook" Standard Specifications, and these Special Provisions. The Contractor shall install a 6 foot diameter circular loop, Type E, at the locations as shown on the Plans and as directed by the Engineer. The sides of the slot shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop shall be 1-5/8 inch. Slot width shall be a maximum of 5/8 inch. Loop wire for circular loops shall be Type 2. Slots of circular loops shall be filled with elastomeric sealant or hot-melt rubberized asphalt sealant. 24A-1.06 SEALANT - Elastomeric sealant or hot-melt rubberized asphalt sealant shall conform to the provisions in Section 701-17.6.3.3, "Sealants" of the "Greenbook" Standard Specifications, and these Special Provisions. SP-67 Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface. Slots shall be filled with elastomeric sealant or asphaltic emulsion sealant. Slots in asphalt concrete pavement shall be filled with asphaltic concrete sealant as follows: After conductors are installed in the slots cut in the pavement, paint binder shall be applied to all surfaces of slots in accordance with the provisions in Section 302-5.4, "Tack Coat", of the "Greenbook" Standard Specifications, and as directed by the Engineer. Temperature of sealant material during installation shall be above 70°F. Sealant placed in the slots shall be compacted by use of an 8-inch diameter by 1/8-inch thick steel hand roller or other tool approved by the Engineer. Compacted conductor coverage shall be one inch. Excess sealant remaining after rolling shall not be reused. On completion of rolling, traffic will be permitted to travel over the sealant. 24A-1.07 TESTING - The Contractor shall test inductive detector loops in accordance with Section 307-187 "Testing", of the "Greenbook" Standard Specifications, and as directed by the Engineer. An operating test consisting of five (5) days of trouble-free operation shall be satisfactorily completed prior to acceptance by the Engineer. The Contractor shall test the detectors with a motor-drive cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor Vehicles, of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor-driven cycle through the response or detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour. The detector shall provide an indication in response to this test. 24A-1.08 REMOVING ELECTRICAL EQUIPMENT - Removal of any existing electrical equipment shall conform to the provisions in Section 86-7.01, "Removing Electrical Equipment", of the Caltrans Standard Specifications and these Special Provisions. Any existing electrical equipment removed shall not be reused, especially conductors, detectors and fuse boxes, and they shall become the property of the Contractor. SP-68 24A-1.09 PAYMENT - The contract bid unit price paid per each for "REPLACE EXISTING TRAFFIC INDUCTIVE LOOP DETECTOR", per Bid Schedule shall include full compensation for furnishing all materials, tools and equipment and for doing all the work involved in the installation of the inductive loop detector system, including all the appurtenant facilities, saw cutting, splicing, testing, complete in place, as shown on the Plans, per Standard Specifications "Greenbook", the Caltrans Standard Specifications and Plans, these Special Provisions and as directed by the Engineer, and no additional compensation shall be allowed therefor. SP-69 SECTION 25 THROUGH SECTION 49 BLANK SP-70 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-71 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-72 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. 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 Provisions, Federal-Aid Construction Contracts, 'Form FHWA 1.Name of joint venture 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 the SHA," such references shall be construed to mean "Engineer" 2.Address of joint venture 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 TO THE PERFORMANCE OF PREVIOUS CON- DBE partner must complete Schedule A.) 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 of the required contract provisions unless such request is a.Describe the role of the DBE firm in the joint venture. 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 Aid Secondary projects. qualifications of each non-DBE joint venturer: 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 of, the person, firm, association,or corporation to whom such contract is to be awarded, 5.Nature of the joint venture's business 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 statement required by Section 112 as a certification under penalty 7.What is the claimed percentage of DBE ownership? — 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 LPP 01-04 March 15,2001 a.Profit and loss sharing. ........................................................................Fir...... az ............ b.Capital contributions,including equipment. Name of Firm Name of m 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-to-day management and policy ..................................................................•••.""Name................•. decision making, including, but not limited to, those with Name 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.—If, 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 and explain the terms and operation of our joint venture and the appeared(Name) to me personally known, intended participation by each joint venturer in the undertaking. who,being duly sworn,did execute the foregoing affidavit,and Further, the undersigned covenant and agree to provide to g y grantee current, complete and accurate information regarding actual joint venture work and the payment therefor and any did state that he or she was properly authorized by (Name of 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 fig) 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 LPP 01-04 March 15,2001 FHWA-1273 - Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS ( INSERT FR-3 THRU FR 13) Female and Minority Goals To comply with Section II, "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 (Percent) 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-14 Economic Area Goal (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 28.3 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 FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. FR-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. You have primary responsibility for meeting this training requirement. If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. 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 FHWA 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. FR-16 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. 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-17 'zz of N � ¢UFO t w z U UA d 4 U U 3A a¢.F W w Z y FW F p w OU U z z `o � Fa OVa v o wv Z � � w w C� >•• � O U � a � 00 d y H O d a at w w p vl O E■ H � Q a g � a � V o w w O w0 c o F z QO �. p p on w W v¢i 'C f� ppq W v W w n zH F x 3 M v0 rA '+� � `•'� o z A W F J W a � v C U cn a� � � •v o A � F � W Q r% O = y •� `�° U� Ez. p c awq Vd O � U � o tj Z C �' ¢VQ' O~ U zOU W y 6. :ap �UU a A Local Assistance Procedures Manual EXHIBIT 17-0 Disadvantaged Business Enterprise(DBE)Certification Status Change 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-19 LPP 06.03 July 21,2006 FHWA-1273 - Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 4. Selection of Labor: During the performance of this 11. Nondiscrimination contract, the contractor shall not use convict labor for any III. Nonsegregated Facilities purpose within the limits of a construction project on a Federal- IV. Davis-Bacon and Related Act Provisions aid highway unless it is labor performed by convicts who are V. Contract Work Hours and Safety Standards Act on parole,supervised release,or probation. The term Federal- Provisions aid highway does not include roadways functionally classified VI. Subletting or Assigning the Contract as local roads or rural minor collectors. VII. Safety:Accident Prevention Vlll. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act II. NONDISCRIMINATION X. Compliance with Governmentwide Suspension and Debarment Requirements The provisions of this section related to 23 CFR Part 230 are XI. Certification Regarding Use of Contract Funds for applicable to all Federal-aid construction contracts and to all Lobbying related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material ATTACHMENTS supply,engineering,or architectural service contracts. A. Employment and Materials Preference for Appalachian In addition, the contractor and all subcontractors must comply Development Highway System or Appalachian Local Access with the following policies:Executive Order 11246,41 CFR 60, Road Contracts(included in Appalachian contracts only) 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973,as amended(29 USC 794),Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR I. GENERAL Parts 200,230,and 633. 1. Form FHWA-1273 must be physically incorporated in The contractor and all subcontractors must comply with: the each construction contract funded under Title 23 (excluding requirements of the Equal Opportunity Clause in 41 CFR 60- emergency contracts solely intended for debris removal). The 1.4(b) and, for all construction contracts exceeding $10,000, contractor (or subcontractor) must insert this form in each the Standard Federal Equal Employment Opportunity subcontract and further require its inclusion in all lower tier Construction Contract Specifications in 41 CFR 60-4.3. subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). Note:The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the The applicable requirements of Form FHWA-1273 are policies of the Secretary of Labor including 41 CFR 60,and 29 incorporated by reference for work done under any purchase CFR 1625-1627. The contracting agency and the FHWA have order, rental agreement or agreement for other services. The the authority and the responsibility to ensure compliance with prime contractor shall be responsible for compliance by any Title 23 USC Section 140, the Rehabilitation Act of 1973, as subcontractor,lower-tier subcontractor or service provider. amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Form FHWA-1273 must be included in all Federal-aid design- Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, The following provision is adopted from 23 CFR 230,Appendix purchase orders, rental agreements and other agreements for A, with appropriate revisions to conform to the U.S. supplies or services). The design-builder shall be responsible Department of Labor(US DOL)and FHWA requirements. for compliance by any subcontractor, lower-tier subcontractor or service provider. 1. Equal Employment Opportunity: Equal employment Contracting agencies may reference Form FHWA-1273 in bid opportunity(EEO)requirements not to discriminate and to take proposal or request for proposal documents, however, the affirmative action to assure equal opportunity as set forth Form FHWA-1273 must be physically incorporated (not under laws, executive orders, rules, regulations (28 CFR 35, referenced) in all contracts, subcontracts and lower-tier 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) subcontracts (excluding purchase orders, rental agreements and orders of the Secretary of Labor as modified by the and other agreements for supplies or services related to a provisions prescribed herein, and imposed pursuant to 23 construction contract). U.S.C. 140 shall constitute the EEO and speck affirmative action standards for the contractor's project activities under 2. Subject to the applicability criteria noted in the following this contract.The provisions of the Americans with Disabilities sections, these contract provisions shall apply to all work Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR performed on the contract by the contractor's own organization 35 and 29 CFR 1630 are incorporated by reference in this and with the assistance of workers under the contractor's contract. In the execution of this contract, the contractor immediate superintendence and to all work performed on the agrees to comply with the following minimum speck contract by piecework,station work,or by subcontract. requirement activities of EEO: 3. A breach of any of the stipulations contained in these a. The contractor will work with the contracting agency Required Contract Provisions may be sufficient grounds for and the Federal Government to ensure that it has made every withholding of progress payments, withholding of final good faith effort to provide equal opportunity with respect to all payment, termination of the contract, suspension/debarment of its terms and conditions of employment and in their review or any other action determined to be appropriate by the of activities under the contract. contracting agency and FHWA. FR-3 FHWA-1273 - Revised May 1, 2012 b. The contractor will accept as its operating policy the b. In the event the contractor has a valid bargaining following statement: agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that "It is the policy of this Company to assure that applicants agreement to the extent that the system meets the contractor's are employed, and that employees are treated during compliance with EEO contract provisions. Where employment,without regard to their race, religion,sex,color, implementation of such an agreement has the effect of national origin,age or disability. Such action shall include: discriminating against minorities or women, or obligates the employment,upgrading,demotion,or transfer,recruitment or contractor to do the same, such implementation violates recruitment advertising; layoff or termination; rates of pay or Federal nondiscrimination provisions. other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the- c. The contractor will encourage its present employees to job training." refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively 5. Personnel Actions: Wages, working conditions, and administering and promoting an active EEO program and who employee benefits shall be established and administered,and must be assigned adequate authority and responsibility to do personnel actions of every type, including hiring, upgrading, SO. promotion,transfer,demotion, layoff,and termination,shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be 3. Dissemination of Policy: All members of the followed: contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such a. The contractor will conduct periodic inspections of action,or who are substantially involved in such action,will be project sites to insure that working conditions and employee made fully cognizant of, and will implement, the contractor's facilities do not indicate discriminatory treatment of project site EEO policy and contractual responsibilities to provide EEO in personnel. each grade and classification of employment. To ensure that the above agreement will be met,the following actions will be b. The contractor will periodically evaluate the spread taken as a minimum: wages paid within each classification to determine any evidence of discriminatory wage practices. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then c. The contractor will periodically review selected not less often than once every six months, at which time the personnel actions in depth to determine whether there is contractor's EEO policy and its implementation will be evidence of discrimination. Where evidence is found, the reviewed and explained. The meetings will be conducted by contractor will ttly tk corrective I the review the EEO Officer. that he discrimination may actions reviewed, such corrective action shall include all b. All new supervisory or personnel office employees will affected persons. be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations d. The contractor will promptly investigate all complaints of within thirty days following their reporting for duty with the alleged discrimination made to the contractor in connection contractor. with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action c. All personnel who are engaged in direct recruitment for within a reasonable time. If the investigation indicates that the the project will be instructed by the EEO Officer in the discrimination may affect persons other than the complainant, contractor's procedures for locating and hiring minorities and such corrective action shall include such other persons. Upon women. completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, 6. Training and Promotion: applicants for employment and potential employees. 9 e. The contractor's EEO policy and the procedures to a. The contractor will assist in locating, qualifying, and implement such policy will be brought to the attention of increasing the skills of minorities and women who are employees by means of meetings, employee handbooks, or applicants for employment or current employees. Such efforts other appropriate means. should be aimed at developing full journey level status employees in the type of trade or job classification involved. 4. Recruitment: When advertising for employees, the b.Consistent with the contractor's work force requirements contractor will include in all advertisements for employees the and as permissible under Federal and State regulations, the notation: "An Equal Opportunity Employer." All such contractor shall make full use of training programs, i.e., advertisements will be placed in publications having a large apprenticeship, and on-the-job training programs for the circulation among minorities and women in the area from geographical area of contract performance. In the event a which the project work force would normally be derived. special subparagraph provision rs under contract, s will be u superseded as indicated n the a. The contractor will, unless precluded by a valid special provision. The contracting agency may reserve bargaining agreement, conduct systematic and direct training positions for persons who receive welfare assistance recruitment through public and private employee referral in accordance with 23 U.S.C.140(a). sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of c. The contractor will advise employees and applicants for potential minority group employees, and establish with such employment of available training programs and entrance identified sources procedures whereby minority and women requirements for each. applicants may be referred to the contractor for employment consideration. FR-4 FHWA-1273 - Revised May 1, 2012 d. The contractor will periodically review the training and 10. Assurance Required by 49 CFR 26.13(b): promotion potential of employees who are minorities and women and will encourage eligible employees to apply for a. The requirements of 49 CFR Part 26 and the State such training and promotion. DOT's U.S. DOT-approved DBE program are incorporated by reference. 7. Unions: If the contractor relies in whole or in part upon b. The contractor or subcontractor shall not discriminate unions as a source of employees,the contractor will use good on the basis of race, color, national origin, or sex in the faith efforts to obtain the cooperation of such unions to performance of this contract. The contractor shall carry out increase opportunities for minorities and women. Actions by applicable requirements of 49 CFR Part 26 in the award and the contractor, either directly or through a contractor's administration of DOT-assisted contracts. Failure by the association acting as agent, will include the procedures set contractor to carry out these requirements is a material breach forth below: of this contract, which may result in the termination of this contract or such other remedy as the contracting agency a. The contractor will use good faith efforts to develop, in deems appropriate. cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women 11. Records and Reports: The contractor shall keep such so that they may qualify for higher paying employment. records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of b. The contractor will use good faith efforts to incorporate three years following the date of the final payment to the an EEO clause into each union agreement to the end that such contractor for all contract work and shall be available at union will be contractually bound to refer applicants without reasonable times and places for inspection by authorized regard to their race,color, religion,sex, national origin, age or representatives of the contracting agency and the FHWA. disability. a. The records kept by the contractor shall document the c. The contractor is to obtain information as to the referral following: practices and policies of the labor union except that to the extent such information is within the exclusive possession of (1) The number and work hours of minority and non- the labor union and such labor union refuses to furnish such minority group members and women employed in each work information to the contractor, the contractor shall so certify to classification on the project; the contracting agency and shalt set forth what efforts have been made to obtain such information. (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment d. In the event the union is unable to provide the opportunities for minorities and women;and contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the (3) The progress and efforts being made in locating, contractor will,through independent recruitment efforts, fill the hiring, training, qualifying, and upgrading minorities and employment vacancies without regard to race, color, religion, women; sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The b. The contractors and subcontractors will submit an failure of a union to provide sufficient referrals(even though it annual report to the contracting agency each July for the is obligated to provide exclusive referrals under the terms of a duration of the project, indicating the number of minority, collective bargaining agreement) does not relieve the women, and non-minority group employees currently engaged contractor from the requirements of this paragraph. In the in each work classification required by the contract work. This event the union referral practice prevents the contractor from information is to be reported on Form FHWA-1391. The meeting the obligations pursuant to Executive Order 11246,as staffing data should represent the project work force on board amended, and these special provisions, such contractor shall in all or any part of the last payroll period preceding the end of immediately notify the contracting agency. July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work 8. Reasonable Accommodation for Applicants / force on board during all or any part of the last payroll period Employees with Disabilities: The contractor must be familiar preceding the end of July. with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. FR-5 FHWA-1273 - Revised May 1, 2012 may be compensated at the rate specified for each III.NONSEGREGATED FACILITIES classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the This provision is applicable to all Federal-aid construction time spent in each classification in which work is performed. contracts and to all related construction subcontracts of The wage determination(including any additional classification $10,000 or more. and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (VIM-1321) shall be The contractor must ensure that facilities provided for posted at all times by the contractor and its subcontractors at employees are provided in such a manner that segregation on the site of the work in a prominent and accessible place where the basis of race, color, religion, sex, or national origin cannot it can be easily seen by the workers. result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by b.(1) The contracting officer shall require that any class employee custom. The contractor's obligation extends further of laborers or mechanics, including helpers,which is not listed to ensure that its employees are not assigned to perform their in the wage determination and which is to be employed under services at any location, under the contractor's control, where the contract shall be classified in conformance with the wage the facilities are segregated. The term "facilities" includes determination. The contracting officer shall approve an waiting rooms,work areas,restaurants and other eating areas, additional classification and wage rate and fringe benefits time clocks, restrooms, washrooms, locker rooms, and other therefore only when the following criteria have been met: storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,transportation, and housing (i) The work to be performed by the classification provided for employees. The contractor shall provide separate requested is not performed by a classification in the or single-user restrooms and necessary dressing or sleeping wage determination;and areas to assure privacy between sexes. (ii) The classification is utilized in the area by the construction industry;and IV. DAVIS-BACON AND RELATED ACT PROVISIONS (iii) The proposed wage rate, including any bona This section is applicable to all Federal-aid construction fide fringe benefits, bears a reasonable relationship to projects exceeding$2,000 and to all related subcontracts and the wage rates contained in the wage determination. lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- (2) If the contractor and the laborers and mechanics way of a roadway that is functionally classified as Federal-aid to be employed in the classification (if known), or their highway. This excludes roadways functionally classed as representatives, and the contracting officer agree on the local roads or rural minor collectors, which are exempt. classification and wage rate (including the amount Contracting agencies may elect to apply these requirements to designated for fringe benefits where appropriate),a report of other projects. the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment The following provisions are from the U.S. Department of Standards Administration, U.S. Department of Labor, Labor regulations in 29 CFR 5.5 "Contract provisions and Washington, DC 20210.The Administrator, or an authorized related matters"with minor revisions to conform to the FHWA- representative, will approve, modify, or disapprove every 1273 format and FHWA program requirements. additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is 1. Minimum wages necessary. a. All laborers and mechanics employed or working upon (3) In the event the contractor, the laborers or the site of the work, will be paid unconditionally and not less mechanics to be employed in the classification or their often than once a week, and without subsequent deduction or representatives, and the contracting officer do not agree on rebate on any account(except such payroll deductions as are the proposed classification and wage rate (including the permitted by regulations issued by the Secretary of Labor amount designated for fringe benefits, where appropriate), under the Copeland Act (29 CFR part 3)), the full amount of the contracting officer shall refer the questions, including the wages and bona fide fringe benefits (or cash equivalents views of all interested parties and the recommendation of the thereof) due at time of payment computed at rates not less contracting officer, to the Wage and Hour Administrator for than those contained in the wage determination of the determination. The Wage and Hour Administrator, or an Secretary of Labor which is attached hereto and made a part authorized representative, will issue a determination within hereof, regardless of any contractual relationship which may 30 days of receipt and so advise the contracting officer or be alleged to exist between the contractor and such laborers will notify the contracting officer within the 30-day period that and mechanics. additional time is necessary. Contributions made or costs reasonably anticipated for bona (4) The wage rate (including fringe benefits where fide fringe benefits under section 1(b)(2) of the Davis-Bacon appropriate) determined pursuant to paragraphs 1.b.(2) or Act on behalf of laborers or mechanics are considered wages 1.b.(3)of this section,shall be paid to all workers performing paid to such laborers or mechanics, subject to the provisions work in the classification under this contract from the first of paragraph 1.d. of this section; also, regular contributions day on which work is perfonned in the classification. made or costs incurred for more than a weekly period(but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be c. Whenever the minimum wage rate prescribed in the constructively made or incurred during such weekly period. contract for a class of laborers or mechanics includes a fringe Such laborers and mechanics shall be paid the appropriate benefit which is not expressed as an hourly rate,the contractor wage rate and fringe benefits on the wage determination for shall either pay the benefit as stated in the wage determination the classification of work actually performed,without regard to or shall pay another bona fide fringe benefit or an hourly cash skill, except as provided in 29 CFR 5.5(a)(4). Laborers or equivalent thereof. mechanics performing work in more than one classification FR-6 FRWA-1273 - Revised May 1, 2012 d. If the contractor does not make payments to a trustee submitted in any form desired. Optional Form WH-347 is or other third person, the contractor may consider as part of available for this purpose from the Wage and Hour Division the wages of any laborer or mechanic the amount of any costs Web site at http://www.dol.gov/esa/whd/f`ormstwh347instr.htm reasonably anticipated in providing bona fide fringe benefits or its successor site. The prime contractor is responsible for under a plan or program, Provided, That the Secretary of the submission of copies of payrolls by all subcontractors. Labor has found, upon the written request of the contractor, Contractors and subcontractors shall maintain the full social that the applicable standards of the Davis-Bacon Act have security number and current address of each covered worker, been met. The Secretary of Labor may require the contractor and shall provide them upon request to the contracting agency to set aside in a separate account assets for the meeting of for transmission to the State DOT,the FHWA or the Wage and obligations under the plan or program. Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime 2. Withholding contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own The contracting agency shall upon its own action or upon records,without weekly submission to the contracting agency. written request of an authorized representative of the (2) Each payroll submitted shall be accompanied by a Department of Labor, withhold or cause to be withheld from "Statement of Compliance," signed by the contractor or the contractor under this contract, or any other Federal subcontractor or his or her agent who pays or supervises the contract with the same prime contractor,or any other federally- payment of the persons employed under the contract and shall assisted contract subject to Davis-Bacon prevailing wage certify the following: requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be (i) That the payroll for the payroll period contains the considered necessary to pay laborers and mechanics, information required to be provided under§5.5(a)(3)(ii) including apprentices, trainees, and helpers, employed by the of Regulations, 29 CFR part 5, the appropriate contractor or any subcontractor the full amount of wages information is being maintained under§5.5 (a)(3)(i) of required by the contract. In the event of failure to pay any Regulations, 29 CFR part 5, and that such information laborer or mechanic, including any apprentice, trainee, or is correct and complete; helper,employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency (ii) That each laborer or mechanic (including each may, after written notice to the contractor,take such action as helper, apprentice, and trainee) employed on the may be necessary to cause the suspension of any further contract during the payroll period has been paid the full payment, advance, or guarantee of funds until such violations weekly wages earned,without rebate, either directly or have ceased. indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, 3. Payrolls and basic records other than permissible deductions as set forth in Regulations,29 CFR part 3; a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and (iii) That each laborer or mechanic has been paid not preserved for a period of three years thereafter for all laborers less than the applicable wage rates and fringe benefits and mechanics working at the site of the work. Such records or cash equivalents for the classification of work shall contain the name,address,and social security number of performed, as specified in the applicable wage each such worker, his or her correct classification,hourly rates determination incorporated into the contract. of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents (3) The weekly submission of a properly executed thereof of the types described in section 1(b)(2)(B) of the certification set forth on the reverse side of Optional Form Davis-Bacon Act), daily and weekly number of hours worked, WH-347 shall satisfy the requirement for submission of the deductions made and actual wages paid. Whenever the "Statement of Compliance" required by paragraph 3.b.(2) of Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that this section. the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a (4) The falsification of any of the above certifications plan or program described in section 1(b)(2)(B) of the Davis- may subject the contractor or subcontractor to civil or Bacon Act, the contractor shall maintain records which show criminal prosecution under section 1001 of title 18 and that the commitment to provide such benefits is enforceable, section 231 of title 31 of the United States Code. that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the c. The contractor or subcontractor shall make the records laborers or mechanics affected, and records which show the required under paragraph 3.a. of this section available for costs anticipated or the actual cost incurred in providing such inspection, copying, or transcription by authorized benefits. Contractors employing apprentices or trainees under representatives of the contracting agency, the State DOT,the approved programs shall maintain written evidence of the FHWA, or the Department of Labor, and shall permit such registration of apprenticeship programs and certification of representatives to interview employees during working hours trainee programs, the registration of the apprentices and on the job. If the contractor or subcontractor fails to submit the trainees, and the ratios and wage rates prescribed in the required records or to make them available, the FHWA may, applicable programs. after written notice to the contractor,the contracting agency or the State DOT, take such action as may be necessary to b.(1) The contractor shall submit weekly for each week in cause the suspension of any further payment, advance, or which any contract work is performed a copy of all payrolls to guarantee of funds. Furthermore,failure to submit the required the contracting agency. The payrolls submitted shall set out records upon request or to make such records available may accurately and completely all of the information required to be be grounds for debarment action pursuant to 29 CFR 5.12. maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee( e.g. , the last four digits of the employee's social security number).The required weekly payroll information may be FR-7 FHWA-1273 - Revised May 1, 2012 4. Apprentices and trainees Every trainee must be paid at not less than the rate specified a. Apprentices(programs of the USDOL). in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate Apprentices will be permitted to work at less than the specified in the applicable wage determination. Trainees shall predetermined rate for the work they performed when they are be paid fringe benefits in accordance with the provisions of the employed pursuant to and individually registered in a bona fide trainee program. If the trainee program does not mention apprenticeship program registered with the U.S.Department of fringe benefits,trainees shall be paid the full amount of fringe Labor, Employment and Training Administration, Office of benefits listed on the wage determination unless the Apprenticeship Training, Employer and Labor Services,or with Administrator of the Wage and Hour Division determines that a State Apprenticeship Agency recognized by the Office,or if a there is an apprenticeship program associated with the person is employed in his or her first 90 days of probationary corresponding journeyman wage rate on the wage employment as an apprentice in such an apprenticeship determination which provides for less than full fringe benefits program,who is not individually registered in the program, but for apprentices.Any employee listed on the payroll at a trainee who has been certified by the Office of Apprenticeship rate who is not registered and participating in a training plan Training, Employer and Labor Services or a State approved by the Employment and Training Administration shall Apprenticeship Agency (where appropriate) to be eligible for be paid not less than the applicable wage rate on the wage probationary employment as an apprentice. determination for the classification of work actually performed. In addition, any trainee performing work on the job site in The allowable ratio of apprentices to journeymen on the job excess of the ratio permitted under the registered program site in any craft classification shall not be greater than the ratio shall be paid not less than the applicable wage rate on the permitted to the contractor as to the entire work force under wage determination for the work actually performed. the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise In the event the Employment and Training Administration employed as stated above, shall be paid not less than the withdraws approval of a training program,the contractor will no applicable wage rate on the wage determination for the longer be permitted to utilize trainees at less than the classification of work actually performed. In addition, any applicable predetermined rate for the work performed until an apprentice performing work on the job site in excess of the acceptable program is approved. ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination C. Equal employment opportunity. The utilization of for the work actually performed. Where a contractor is apprentices, trainees and journeymen under this part shall be performing construction on a project in a locality other than in conformity with the equal employment opportunity that in which its program is registered, the ratios and wage requirements of Executive Order 11246, as amended, and 29 rates (expressed in percentages of the journeyman's hourly CFR part 30. rate)specked in the contractor's or subcontractor's registered program shall be observed. d. Apprentices and Trainees(programs of the U.S.DOT). Every apprentice must be paid at not less than the rate specked in the registered program for the apprentice's level of Apprentices and trainees working under apprenticeship and progress,expressed as a percentage of the journeymen hourly skill training programs which have been certified by the rate specified in the applicable wage determination. Secretary of Transportation as promoting EEO in connection Apprentices shall be paid fringe benefits in accordance with with Federal-aid highway construction programs are not the provisions of the apprenticeship program. If the subject to the requirements of paragraph 4 of this Section IV. apprenticeship program does not specify fringe benefits, The straight time hourly wage rates for apprentices and apprentices must be paid the full amount of fringe benefits trainees under such programs will be established by the listed on the wage determination for the applicable particular programs. The ratio of apprentices and trainees to classification. If the Administrator determines that a different journeymen shall not be greater than permitted by the terms of practice prevails for the applicable apprentice classification, the particular program. fringes shall be paid in accordance with that determination. S. Compliance with Copeland Act requirements. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency The contractor shall comply with the requirements of 29 recognized by the Office, withdraws approval of an CFR part 3,which are incorporated by reference in this apprenticeship program, the contractor will no longer be contract. permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 6. Subcontracts. b. Trainees(programs of the USDOL). The contractor or subcontractor shall insert Form FHWA- 1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. Except as provided in 29 CFR 5.16, trainees will not be The prime contractor shall be responsible for the compliance permitted to work at less than the predetermined rate for the by any subcontractor or lower tier subcontractor with all the work performed unless they are employed pursuant to and contract clauses in 29 CFR 5.5. individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training 7. Contract termination:debarment. Administration. A breach of the contract clauses in 29 CFR 5.5 may be The ratio of trainees to journeymen on the job site shall not be grounds for termination of the contract,and for debarment as a greater than permitted under the plan approved by the contractor and a subcontractor as provided in 29 CFR 5.12. Employment and Training Administration. FR-8 FHWA-1273 - Revised May 1, 2012 8. Compliance with Davis-Bacon and Related Act 2. Violation;liability for unpaid wages;liquidated requirements. damages. All rulings and interpretations of the Davis-Bacon and In the event of any violation of the clause set forth in Related Acts contained in 29 CFR parts 1, 3, and 5 are herein paragraph (1.) of this section, the contractor and any incorporated by reference in this contract. subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor 9. Disputes concerning labor standards. shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such Disputes arising out of the labor standards provisions of liquidated damages shall be computed with respect to each this contract shall not be subject to the general disputes clause individual laborer or mechanic, including watchmen and of this contract.Such disputes shall be resolved in accordance guards, employed in violation of the clause set forth in with the procedures of the Department of Labor set forth in 29 paragraph this section, in the sum of $10 for each CFR parts 5, 6, and 7. Disputes within the meaning of this calendar daay y which such individual was required or clause include disputes between the contractor (or any of its permitted to worrk k n in excess of the standard workweek of forty subcontractors) and the contracting agency, the U.S. hours without payment of the overtime wages required by the Department of Labor, or the employees or their clause set forth in paragraph(1.)of this section. representatives. 10. Certification of eligibility. 3. Withholding for unpaid wages and liquidated damages. a. By entering into this contract, the contractor certifies that neither it(nor he or she) nor any person or firm who has The FHWA or the contacting agency shall upon its own an interest in the contractor's firm is a person or firm ineligible action or upon written request of an authorized representative to be awarded Government contracts by virtue of section 3(a) of the Department of Labor withhold or cause to be withheld, of the Davis-Bacon Act or 29 CFR 5.12(a)(1). from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any b. No part of this contract shall be subcontracted to any other Federal contract with the same prime contractor, or any person or firm ineligible for award a a Government contract by other federally-assisted contract subject to the Contract Work virtue of section ineligible for the Davis-Bacon Act c 29 CFR Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be 5.12(a)(1). necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as c. The penalty for making false statements is prescribed provided in the clause set forth in paragraph (2.) of this in the U.S.Criminal Code,18 U.S.C. 1001. section. 4. Subcontracts. The contractor or subcontractor shall insert in any V. CONTRACT WORK HOURS AND SAFETY STANDARDS subcontracts the clauses set forth in paragraph (1.) through ACT (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for The following clauses apply to any Federal-aid construction compliance by any subcontractor p lower tier subcontractor contract in an amount in excess of$100,000 and subject to the with the clauses set forth in paragraphs(1.)through(4.)of this overtime provisions of the Contract Work Hours and Safety section. Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. FR-9 FHWA-1273 - Revised May 1, 2012 VI. SUBLETTING OR ASSIGNING THE CONTRACT 5. The 30%self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance This provision is applicable to all Federal-aid construction requirements. contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a VII. SAFETY:ACCIDENT PREVENTION greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be This provision is applicable to all Federal-aid construction performed by subcontract and the amount of any such contracts and to all related subcontracts. specialty items performed may be deducted from the total original contract price before computing the amount of work 1. In the performance of this contract the contractor shall required to be performed by the contractor's own organization comply with all applicable Federal, State, and local laws (23 CFR 635.116). governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and a. The term `perform work with its own organization" protective equipment and take any other needed actions as it refers to workers employed or leased by the prime contractor, determines, or as the contracting officer may determine,to be and equipment owned or rented by the prime contractor, with reasonably necessary to protect the life and health of or without operators. Such term does not include employees employees on the job and the safety of the public and to or equipment of a subcontractor or lower tier subcontractor, protect property in connection with the performance of the agents of the prime contractor, or any other assignees. The work covered by the contract, term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant 2. It is a condition of this contract, and shall be made a Federal and State regulatory requirements. Leased condition of each subcontract,which the contractor enters into employees may only be included in this term if the prime pursuant to this contract, that the contractor and any contractor meets all of the following conditions: subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions (1) the prime contractor maintains control over the which are unsanitary, hazardous or dangerous to his/her supervision of the day-to-day activities of the leased health or safety, as determined under construction safety and employees; health standards(29 CFR 1926)promulgated by the Secretary (2) the prime contractor remains responsible for the of Labor, in accordance with Section 107 of the Contract Work quality of the work of the leased employees; Hours and Safety Standards Act(40 U.S.C.3704). (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; 3. Pursuant to 29 CFR 1926.3, it is a condition of this and contract that the Secretary of Labor or authorized (4) the prime contractor remains ultimately representative thereof, shall have right of entry to any site of responsible for the payment of predetermined minimum contract performance to inspect or investigate the matter of wages, the submission of payrolls, statements of compliance with the construction safety and health standards compliance and all other Federal regulatory requirements. and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 b. "Specialty Items" shall be construed to be limited to U.S.C.3704). work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor VIII. FALSE STATEMENTS CONCERNING HIGHWAY components of the overall contract. PROJECTS 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the This provision is applicable to all Federal-aid construction cost of material and manufactured products which are to be contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3. The contractor shall furnish (a) a competent degree of reliability on statements and representations made superintendent or supervisor who is employed by the firm, has by engineers, contractors, suppliers, and workers on Federal- full authority to direct performance of the work in accordance aid highway projects, it is essential that all persons concerned with the contract requirements, and is in charge of all with the project perform their functions as carefully,thoroughly, construction operations(regardless of who performs the work) and honestly as possible. Willful falsification, distortion, or and (b) such other of its own organizational resources misrepresentation with respect to any facts related to the (supervision, management, and engineering services) as the project is a violation of Federal law. To prevent any contracting officer determines is necessary to assure the misunderstanding regarding the seriousness of these and performance of the contract. similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more 4. No portion of the contract shall be sublet, assigned or places where it is readily available to all persons concerned otherwise disposed of except with the written consent of the with the project: contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. FR-10 FHWA-1273 - Revised May 1, 2012 18 U.S.C. 1020 reads as follows: b. The inability of a person to provide the certification set 'Whoever,being an officer,agent,or employee of the United out below will not necessarily result in denial of participation in States, or of any State or Territory, or whoever, whether a this covered transaction. The prospective first tier participant person,association,firm,or corporation,knowingly makes any shall submit an explanation of why it cannot provide the false statement, false representation, or false report as to the certification set out below. The certification or explanation will character, quality, quantity, or cost of the material used or to be considered in connection with the department or agencys be used, or the quantity or quality of the work performed or to determination whether to enter into this transaction. However, be performed, or the cost thereof in connection with the failure of the prospective first tier participant to furnish a submission of plans, maps, specifications, contracts, or costs certification or an explanation shall disqualify such a person of construction on any highway or related project submitted for from participation in this transaction. approval to the Secretary of Transportation;or c. The certification in this clause is a material Whoever knowingly makes any false statement, false representation of fact upon which reliance was placed when representation, false report or false claim with respect to the the contracting agency determined to enter into this character,quality,quantity,or cost of any work performed or to transaction. If it is later determined that the prospective be performed, or materials furnished or to be furnished, in participant knowingly rendered an erroneous certification, in connection with the construction of any highway or related addition to other remedies available to the Federal project approved by the Secretary of Transportation;or Government, the contracting agency may terminate this transaction for cause of default. Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, d. The prospective first tier participant shall provide or report submitted pursuant to provisions of the Federal-aid immediate written notice to the contracting agency to whom Roads Act approved July 1, 1916, (39 Stat. 355), as amended this proposal is submitted if any time the prospective first tier and supplemented; participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed Shall be fined under this title or imprisoned not more than 5 circumstances. years or both" e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and"voluntarily excluded,"as used in this clause, are defined IX. IMPLEMENTATION OF CLEAN AIR ACT AND in 2 CFR Parts 180 and 1200. "First Tier Covered FEDERAL WATER POLLUTION CONTROL ACT Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions" refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract, or subcontract, as appropriate, the bidder, proposer, funds (such as the prime or general contractor). "Lower Tier Federal-aid construction contractor, or subcontractor, as Participant" refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f. The prospective first tier participant agrees by award due to a violation of Section 508 of the Clean Water Act submitting this proposal that, should the proposed covered or Section 306 of the Clean Air Act. transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is 2. That the contractor agrees to include or cause to be debarred, suspended, declared ineligible, or voluntarily included the requirements of paragraph(1)of this Section X in excluded from participation in this covered transaction, unless every subcontract, and further agrees to take such action as authorized by the department or agency entering into this the contracting agency may direct as a means of enforcing transaction. such requirements. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility X. CERTIFICATION REGARDING DEBARMENT, and Voluntary Exclusion-Lower Tier Covered Transactions," SUSPENSION,INELIGIBILITY AND VOLUNTARY provided by the department or contracting agency, entering EXCLUSION into this covered transaction,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier h. A participant in a covered transaction may rely upon a subcontracts, purchase orders, lease agreements, consultant certification of a prospective participant in a lower tier covered contracts or any other covered transaction requiring FHWA transaction that is not debarred, suspended, ineligible, or approval or that is estimated to cost $25,000 or more — as voluntarily excluded from the covered transaction, unless it defined in 2 CFR Parts 180 and 1200. knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered 1. Instructions for Certification—First Tier Participants: transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants, each a.By signing and submitting this proposal,the prospective participant may, but is not required to, check the Excluded first tier participant is providing the certification set out below. Parties List System website (hfps://www.epls.govo, which is compiled by the General Services Administration. FR-11 FHWA-1273 - Revised May 1, 2012 i. Nothing contained in the foregoing shall be construed to c. The prospective lower tier participant shall provide require the establishment of a system of records in order to immediate written notice to the person to which this proposal is render in good faith the certification required by this clause. submitted if at any time the prospective lower tier participant The knowledge and information of the prospective participant learns that its certification was erroneous by reason of is not required to exceed that which is normally possessed by changed circumstances. a prudent person in the ordinary course of business dealings. d. The terms "covered transaction;' "debarred," j. Except for transactions authorized under paragraph (f) "suspended," "ineligible," "participant," "person," "principal," of these instructions, if a participant in a covered transaction and"voluntarily excluded,"as used in this clause, are defined knowingly enters into a lower tier covered transaction with a in 2 CFR Parts 180 and 1200. You may contact the person to person who is suspended, debarred, ineligible, or voluntarily which this proposal is submitted for assistance in obtaining a excluded from participation in this transaction, in addition to copy of those regulations. "First Tier Covered Transactions" other remedies available to the Federal Government, the refers to any covered transaction between a grantee or department or agency may terminate this transaction for cause subgrantee of Federal funds and a participant (such as the or default. prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered ••* Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered 2. Certification Regarding Debarment,Suspension, transaction with a grantee or subgrantee of Federal funds Ineligibility and Voluntary Exclusion—First Tier (such as the prime or general contractor). "Lower Tier Participants: Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower a. The prospective first tier participant certifies to the best Tier Participants(such as subcontractors and suppliers). of its knowledge and belief,that it and its principals: e. The prospective lower tier participant agrees by (1) Are not presently debarred, suspended, proposed submitting this proposal that, should the proposed covered for debarment,declared ineligible,or voluntarily excluded from transaction be entered into, it shall not knowingly enter into participating in covered transactions by any Federal any lower tier covered transaction with a person who is department or agency; debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless (2) Have not within a three-year period preceding this authorized by the department or agency with which this proposal been convicted of or had a civil judgment rendered transaction originated. against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing f. The prospective lower tier participant further agrees by a public(Federal, State or local)transaction or contract under submitting this proposal that it will include this clause titled a public transaction; violation of Federal or State antitrust "Certification Regarding Debarment, Suspension, Ineligibility statutes or commission of embezzlement, theft, forgery, and Voluntary Exclusion-Lower Tier Covered Transaction," bribery, falsification or destruction of records, making false without modification, in all lower tier covered transactions and statements,or receiving stolen property; in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or g. A participant in a covered transaction may rely upon a local) with commission of any of the offenses enumerated in certification of a prospective participant in a lower tier covered paragraph(a)(2)of this certification;and transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it (4) Have not within a three-year period preceding this knows that the certification is erroneous. A participant is application/proposal had one or more public transactions responsible for ensuring that its principals are not suspended, (Federal,State or local)terminated for cause or default. debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as b. Where the prospective participant is unable to certify to the eligibility of any lower tier prospective participants, each any of the statements in this certification, such prospective participant may, but is not required to, check the Excluded participant shall attach an explanation to this proposal. Parties List System website (hfps:/twww.epis.gov/),which is compiled by the General Services Administration. 2.Instructions for Certification-Lower Tier Participants: h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render (Applicable to all subcontracts, purchase orders and other in good faith the certification required by this clause. The lower tier transactions requiring prior FHWA approval or knowledge and information of participant is not required to estimated to cost $25,000 or more - 2 CFR Parts 180 and exceed that which is normally possessed by a prudent person 1200) in the ordinary course of business dealings. a. By signing and submitting this proposal,the prospective i. Except for transactions authorized under paragraph a of lower tier is providing the certification set out below. these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a b. The certification in this clause is a material person who is suspended, debarred, ineligible, or voluntarily representation of fact upon which reliance was placed when excluded from participation in this transaction, in addition to this transaction was entered into. If it is later determined that other remedies available to the Federal Government, the the prospective lower tier participant knowingly rendered an department or agency with which this transaction originated erroneous certification, in addition to other remedies available may pursue available remedies, including suspension and/or to the Federal Government, the department, or agency with debarment. which this transaction originated may pursue available remedies,including suspension and/or debarment. FR-12 FHWA-1273 - Revised May 1, 2012 Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U_S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. FR-13 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. If analytical test results demonstrate that the residue is a non–hazardous waste and the Engineer agrees to disposal at a non–hazardous waste disposal facility,no cost adjustment will be made. CALTRANS STANDARD PLANS Ebb � N 7K U� =p o ° x== � H Yn OIN4 O Z �O • vQ p r= ePo x pQ oil 1 O p° m 3. Y } 3 0 m zs p o o y g - Cp � m 5 _ F Z 00 �>� mi ym -1 mg r 0 r >3 y s y f n x I 3 1 � V � O I N N I m r- m� r m D m DI1ENTION PER PLAN c DIRECTITIRAVON � —1� � ,•-o- as EL y my � L� r >r o 8 co G s i3lM1'�^ OS-S3` NV7d CIUVaNV.Le OLOZ CALIFORNIA MUTCD STANDARDS R81 CODE I a a . U ALL DIMENSIONS ARE IN INCHES R81 I BORDER MARGIN LETTER SIZE. SERIES & STROKE WIDTH COR SIZE WIDTH W IDTN RAO. SUFFIX LINE 1 LINE 2 LINE 3 LINE 4 LINE 5 -I 12x8 3/8 1/4 1�C-.24 _J/ 24kll> 51- 3 B 3C-.48 DIMENSIONS R$1 SIZE F G H { J K. L SUFFIX A B C D E -1 12x8 1 6 7/8 5-5/ -2 24x18 3 2 J)j 13 White— Black BORDER B LEGEND REFLECTIVE BACKGROUND BACKGROUND WITH 3/13' OIA HOLES 0 wPROVED' .T 69 REV 12 30 69 CODE R8 JA I O BEGINtri l I ALL DIMENSIONS ARE IN INCHES R81A BORDER MARGIN LETTER SIZE. SERIES A STROKE WIDTH COR. SIZE WIDTH W1DTN LINE 1 LINE 2 LINE 3 LINE 4 LINE S RAO. suFFlx -1 412516 1/4 '# + -.48 R8 1A DIMENSIONS �---- SIZE SUFFIX A B C D E F G H I J K L -1 12x5 _1 3 1 White BACKGROUND WITH B� lack BORDER Q LEQENO REFLECTIVE BACKGROUND 3/8" DIA HOLES B APPROVED- / - - T ..T 6A REV 12 31' 69 R81B CODE Q O ENDW O ALL DIMENSIONS ARE IN INCHES R83.B BORDER MARGIN LETTER SIZE. SERIES 6 STROKE WIDTH COR- SUFFIX SIZE WIDTH WIDTH LINE I LINE 2 LINE 3 LINE 4 LINE 5 MAD. -I 8x5 1/4 1/4 , 3C 4,48 _R81B DIMENSIONS �- SUFFIX SIZE A B C D E F G H I J K L rc 8X5 1 White � BACKGROUND WIT4 Black BORDER 4 LESEND REFLECTIVE BACKGROUND 3A8" DIA. HOLES 0 APPROVED* aE v 12 30 69 California MUTCD Page 3A-5 (FHWA's MUTCD 2003 Revision 1,as amended for use in California) Figure 3A-102(CA). Lame Lines - Multilane Highways POLICY DETAIL 8 Lane Line pattern for use on multilane streets 1as4m(4e and highways (normally used on local streets }214m{ Usm 12UM 5.16m 2J4m and highways}. —► (iR) i (174) (1 P (1711) (7R) 1 D D D DETAIL 9 Lane Line pattern with pavement markers for use 14.64m(46It) on multilane streets, highways and freeway 2.58m 12.14m S sm j 2J4 22m ram .(L5 fQ -. DETAIL 10 Lane Line pattern with pavement markers for use 14B4m(46A4 on multilane streets, highways and freeway 2A m; 2.44m jj 4m m 2.44m 144m ramps. �► i {6111 � (etq I (�1q s IaN � (8� -� v 000 000 0 �-1.22m(411) 'I � 122m(4k) DETAIL 11 Lane Line pattern for use on multilane streets U.64M(d ft) aannd high ays (normally used on local streets 13Am(12 It)j 10.96m(36R) 13.rAm(12ft)i mss) DETAIL 12 Lane Line pattern with pavement markers for use 14 64 m(48 ft) on multilane conventional streets and highways, j State freeways, expressways, freeway ramps, 110. 5s m 164 rq 3 6 m(2 N► s m 164 ru freeway to freeway connectors and collector 0 O 0 roads. See Detail 14A. 10D. DETAIL 13 Lane Line pattern with pavement markers for use on State freeways,expressways,freeway ramps, ,,.� 549m(tat@ ;3i6m(121t) i49m(181t) roads. StoDetail iy connectors and collector -► 0 0000 0 4 �? [ -1.22m(4!1) DETAIL 14 Lane Line pattern with red-clear pavement 4M m tiµ14 markers shall be used on freeways approaching 16464 M(e f" lap m(46 to 14.64 m(46(q exit ramps. Detail 14 is used with Detail 13 and Detail 14A is used with Detail 12, in a pattern of a 00000 a 0 000 0 0000 is four red-clear pavement markers, at intervals as 3m 0261 - -1.22a�14 f shown. DETAIL U w W RM-GEAR ISM"MTttait4_> DETAIL 14A 4W m(14114 —4 —� -ter -ii► ia64s(4614 N.t4mNtlq 1a64m(4tlq -� — — — -► -► nr ur iatw "urn ii ~ 36 ] FA ro (126) (12R) 1121 X4 U14 IWO LEGEND -- DETAIL 12 or 13 189 mm(4 in)White 0 One-Way Clear Reboreflective Markers 0 N e White Markers —► Direction of Travel Red-Clear Retroreftective Markers NOT TO SCALE Chapter 3A-General September 26,2006 Part 3-Markings California MUTCD Page 3A-6 (FHWA's MUTCD 2003 Revision 1,as amended for use in California) Figure 3A-103 (CA). No Passing Zones- One Direction DETAIL 15 POLICY 14.64 m(48 It) 2.ttm) &ism 2.itst} 5-ism 2.14 (7 ft) ," (17 k} p 4); 117(t) ti kj One direction no-passing pattern for use on two-lane streets and highways (normally used 0 -75 mm(3 gin) on local streets and highways). See Note 2. DETAIL 16 4.64 m(48 ft) 259m 2-14m 2.59m 2.14m L59m �.. ❑(s.5 ft)f® (s-5 ft)© (r 1�1 (8-5 ❑_ One direction no-passing two-lane with pavement © markers for use on two-lane streets and _75 mm(3 in) highways. See Notes 1 and 2. —50 mm(2 in) 7.32 m 7.32 m (24 ft) ! (241" ! DETAIL 17 14.64 m(48 ft) 1.32 m(24 ft) 7.32 m(24 ft) L44 L44 m 2.44 m f Fft)I (8f� I8 ft} Alternate to Detail 16. For use with Detail 4. © 000 M 000 0-75 mm(3 in) ®00000M00000® --40- 122 m(4 - -) -122 m(4 k) DETAIL 18 14.64 m(48 81 t,.. 1166 m(12 fQj Ion m(36 ft) 3.66 m(12 Ito One direction no-passing pattern for use on two-lane streets and highways (normally used on local streets and highways). See Note 2. 75 mm(3 in) DETAIL 19 1464m(48111 5.49 m(16 ft) E 66 m(12 fQ1 5-49 m(18 ft) 0 0-75 mm(3 in) One directlon no-passing pattern with pavement markers for use on two-lane streets and ':50 mm(2 in) highways. See Notes 1 and 2. �► 1 732 m(24 f) ® 7,32 m(24 f11 I DETAIL 28 14.64 m(48 ft) `-- 5:49m(16k) 1166m112111 5.49m(18ft) 13 0000 E3_75 mm(3 in) Alternate to Detail 19. For use with Detail 7. M00 1000®00000® � 1.22 a 14-1 4- im m(4 f4-4 NOTES: 1. Pavement markers shown off the solid One in Details 16 and 19 may be placed on the line. 2. A 78 mm(3 M)black One shah be placed beb~the 160 mm(4 in)yellow Ones on State highways and may be placed on streets and highways under local jurisdiotten. LEGEND 100 tlmn(4 in)Yellow 0 Two-Way Yellow Retr4trellective Markers 0 Non-Ret rorefiecdve Yellow Markers m� Direction of Travel M One4ft Yellow Re rorefiectitre Markers NOT TO SCALE Chapter 3A-General September 26,2006 Part 3-Markings California MUTCD Page 3A-7 (FHWA's MUTCD 2003 Revision 1,as amended for use in California) Figure 3A-104 (CA). No Passing Zones - Two Direction DETAIL 21 POLICY � Two-direction no-passing pattern for use on two-lane streets and highways normally used on T local streets and highways. See Note 2. 75 mm(3 in) DETAIL 22 ` 7.32 m(24 ft) 7.32 m(24 ft) ® =50 mm(2 in) Two-direction no-passing pattern with pavement 75 Mat(3in) markers for use on two-lane streets and highways. See Notes 1 and 2. DETAIL 23 ( 7.32 m(24 ft) 7.32 m(24 ft) I 0000000000000-75 mm(3 in) Alternate to Detail 22. For use with either Detail 00000013000000130000013- 4or Detail 7. 1.22 m(4 ft)-� I— -A �-1.22 m(4 ft) NOTES: 1. Pavement markers shown off the solid line in Detail 22 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 Q Two-Way Yellow Retrorefiective Markers -io. Direction of Travel 0 Non-Retroreflective Yellow Markers NOT TO SCALE Chapter 3A-General September 26,2006 Part 3-Markings California MUTCD Page 3A-10 (FHWA's MUTCD 2003 Revision 1,as amended for use in California) Figure 3A-107(CA). Median Isiands DETAIL 28 POLICY 75 mm(3 in) Double Left Edge Line pattern for use on 0.61 m(21 Min�num all-paved sections of streets and highways (normally used on local streets and _ highways). See Note 2. 75 mm(3 in) DETAIL 2s I 14.64 m(481t) �� 11 7.32 m(24 ft) 1 7.32 in(24 R) 0 0 0 _50 mm(2 in) �75 mm(3 in) Double Left Edge Line pattern with pavement 0.61 m(2 ft)Minimum markers for use on all-paved sections of streets and highways. See Notes 1 and 2. 75 mm(3 in) 0 0 — 50 mm(2 in) 7.32 m(24 ft) 7.32 m(24 ft) DETAIL 30 14.64 m(48 ft) 7.32 m(24 ft) I 7.32 m(24 ft) f 0000000000000 75mm(3in) 0000000000000— 0 0 0 0 0 0 0 0 0 0 0 0— Alternate to Detail 29. For use at problem 0.81 m(2 ft)Minimum locations where It is difficult to place and maintain lines because of moisture, sand, etc. 0000000000000—75 mm(3 In) 0000000000000— 1.22 m(4 ftH —i 122 m(4 ft) NOTES: 1. Pavement markers shown off the solid line in Detail 29 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 YeHow Retrorsflective Markers '40" Direction of Travel 0 Non-Retroreflective Yellow Markers meow NOT TO SCALE Chapter 3A—General September 26,2006 Part 3-Markings California MUTCD Page 3A-1 I (FHWA's MUTCD 2003 Revision 1,as amended for use in California) Figure 3A-108(CA). Two-Way Left-Turn Lanes DETAIL 31 POLICY Two-way left-turn lane ttern for use on streets and highways (normally used on local streets and highways). See Note 2. f 7S mm(3 in) I3.66m 3.96m Min 3.10m(tOfQto3,66m(12fQt (12 a)( 10.98 m(36 fl) ( (12 fQ I 10.98 m(36 it) (12 fQ -75 mm(3 in) DETAIL 32 POLICY Two-way left-turn lane pattern for use on streets and highways. See Note 2. 2928 m(96 ft) 7.32 m(24 fq ( 7.32 m(24 ft) 7.32 m(24 ft) 7.32 m(24 10 712 m(24 fQ 7.32 m(24 fQ 0 0 0 0 0 _50 mm(2 in) _75 mm(3 in) 5.49m(18i!) 3© 5.48m(48RJ 5.49m(18iQ 3.66© 5.49m(18ft)© 5.19m(18fQ 3© 549m(18fQ 3.10m(10Rlto3.66m(12ft)t © I`© ©- I I(© o - 75 mm(3 in) 0 0 0 0 0 1:1 SO mm t2 in) 1111. ( 7.32 m(24 ft) 7.32 m(24 ft) f 7.32 m(24 fQ 7.32 m(24 it) I 1! 2928 in(%R) DETAIL 33 POLICY Two-way left-turn lane pattern for use on streets and highways. 2928 m(96 111 732 m(24 fQ I 7.32 m(24 ft) f 7.32 m(24 ft) 7.32 m(24 ft) 732 m(24 ft) I 7.32 m(24 ft) I 000000000000000000000000 0000000000000_ ,1.22 m(4 fQ-f F _75 mm(3 in) LI 0000 10.98m(36it) Oc�00 0 0000 - 5ASm(18It) I I 5.49m(18it) 5.49m(18ft) 1�ft1 I 5.49m(18ft) I 5.19m(18ft) ( {66 j 3.05m(f0 it)to3.66m(12f)t 00QQ 1.22m(4f0 0 0000 10.98m(36It) 0000 0_ ❑0000 000000000000000000 0000000000000D_75 min(3 in) *- I �--1.22 m(4 fQ -( x1.22 m(4 fQ -A [-121 m(4 ft) 1.22 m(4 Mp {- 2928 m(98 ft) 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 fine 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 Taro-Way Yellow Retrore8ective Markers "~ Direction of Travel 0 Non-Retroreflective Yellow Markers NOT TO SCALE Chapter 3A-General September 26,2006 Part 3-Markings California MUTCD Page 3A-15 (FHWA's MUTCD 2003 Revision 1,as amended for use in California) Figure 3A-f If (CA). Lane Droop Markings DETAIL 37-Lane Drop Markings at Exit Ramps Marking pattern for use on mandatory Fare drops at freeway exit ramps and freeway to freeway connectors, ! 11.1¢m p91ti Repast at 0.8 fen(112 ire)blenrals(So Oe i1q 4.14m(30 .14 m(:fib sl 14 m(301f)it►tf9 t4 m(30 is m(15 m(300 R)-1► Sea DOW 36 g !, F tW —00- V1 Li Ls S .-eir — 200 mm 0 in) White tine See Ott-&38 ca DETAIL 37A-Attemate to Detail 37 For use with Detail 10 and 13, 27.42 m Ao Repeat at 98 km(112 Rite)kbrv*(Sec Der U) 90 m(300 Rj 9.14 m(30 ft)W-4VI14 m(30 14 m(30 It 0449.14 m(30(t .57 m(15 (see lkte b See Oda9 36 I�ZLf i -40- fc E E 09 t s v v 88 1 88 88 1 888 1 88 88 1 88 88 3 88 18888819 8 i see Oda 38C �r DETAIL 378-Lane Droop 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. 27.41 m(90 U m(30 44114 m(30 9.14 m(30 R)i o} +9-14m(301 57 m(15 k 4 VW" �bl aFi (See FWm 3&12) es E E E 96 l 1 s ! G«E 11, C200 mm(8 in)White tine Through Traffic w► ' See 0"38 DETAIL 37C-Alternate to Detail 378 For use with Detail 10 and 13. —0-27.412 m(90 ill 9.14m(30 14m(30it3 9.14m(30R9i#{wli4m(3011F 57m(15 Monad* $ � (Sea Figima 38.12) r i !q � _ i �11i 8 8 8 8 8 3 8 8 8 8 1 88 88 7 86 88 1 8 8 3888881888x- =8888 Through Traffic —► See 0etad 34C DETAIL 37D-Lane Drop Line For Two-Lane Roundabouts For use an mandatory exiting lanes from two-lane roundabouts. �� �Nit11m(41 � aft)�121m(4k1 Pill i22m(4fl) NOT TO SCALE Li ED El 200 mm(8 in)Whim tiae NOTES: 1. Pavement starkers shown off the solid fine in DOW 37 may be placed on the litre, 2, The SoNd Chennetfe ing�shown to Devi!37 and 37A may be omitted on short auxiiary lanes where lb LEGEND 88 White maeders g One-MWy C1sar il:eftwelleCtIVO it Kkers --W- Direction of Travel Red-Cler ftetroreflective tuft" Chapter 3A—General September 26,2006 Part 3-Markings California MUTCD Page 3A-16 (FHWA's MUTCD 2003 Revision 1,as amended for use in California) Figure 3A-112(CA). Channelizing Line and Lane Llne/Centerline Extensions DETAIL 38- Channelizing Line POLICY Typical channetizing line for use on Left-Turn or 200 mm(8 in)White Line Right-Turn lanes on State highways. Pavement -50 mm(21n) Markers when used should be place on the 0 0 0— through traffic side only. 7.32 m(24 ft) j 7.32 m(24 ft) Through Traffic --Io► DETAIL 38A- Channelizing Line Typical channelizing line for use on Left-Tum or 200 mm(8 in)White Line ffight-Tum lanes on local streets and highways and freeway off-ramp terminals. DETAIL 38B- Channelizing Line at Exit Ramps 0 0 0 Typical channelizing line for use on Exit Ramps. —50 mm(2 in) Pavement Markers as shown may also be placed 200 mm(8 in)White Line on the line. 50 mm(2 in) 7.32 m (24 ft) i 7.32 m(24 ft) DETAIL 38C-Alternate to Detail 38 and 38B 1888881888883 (E E ? ! 7.32 m(24 ft) DETAIL 39-Bike Lane Line 150 mm 6 in White Line DETAIL 39A-Bike Lane Intersection Line 30 m(i00 IQ l0 60 m(200 f()— ' ��Moffsedion 7-44 m ( 122 m '♦' (8 ft) (4 ft) \—150 mm(6 in)White Line DETAIL 40-Lane Line Extension Through Intersections Q Q The Lane Line Extension Through Intersections 0.30 r� 1.83 m i� line is used to extend the lane line through an (1 ft)! (6 ft) 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 O O 122m C� (4 ft) Non-Retroreflective White Markers DETAIL 41 - Centerline Extension Through Intersections Q The Centerine Extension Through Intersections c 0.3o mi 1.83 m line is used to extend the centerline through an I (1 ' 100 mm(4 In)Yellow Line intersection that might otherwise be confusing to the motorist. DETAIL 41A-Alternate to Detail 41 O O O O O O 122 m' NOT TO SCALE (4 ft) Non-Retroreftective Yellow Markers LEGEND [� White Line 0 Non-Retroreflective White Markers —► Direction of Travel Yellow Line 0 Non-Retroreflective Yellow Markers 0 One-Way Clear Retroreffective Markers Chapter 3A-General September 26,2006 Part 3-Markings Page 3B-1 California MUTCD (FRWA's?tr UTCD 2003 including R_-visions 1 and 2,as amended for use in California) CHAPTER 3B.PAVEMN i AND CURB IMARKL GS Section 3B.01 Yellow Centerline Pavement Markings and warrants Standard, Centerline pavement;markings,when used,shall be the pavement markings used to delineate the separation of traffic lanes that have opposite directions of travel on a roadway and shall be yellow. Option: Centerline pavement markings may be placed at a location that is not the geometric center of the roadway_ short sections may be marked with C�roadways without continuous centerline pavement r€arkings, centerline ro roadways markings to control the position of traffic at specific locations,such as around curves, over hills, or approaches to?ighdvay-railroad grade crossings; at higbray-railroad Strode crossings,and at bridges- Standard- The centerline markings on tWO-lane,two way roadways shall be one of the following as shown in Figure 3B-1 A-Two-direction passing zone markings consisting of a normal broken yellow fine where crossing the centerline markings for passing With care is permitted for traffic traveling in either directions B.One-direction no-passing zone markings consisting of a normal broken yellow line grid a normal solid yellow line where crossing the centerline markings for passing with care is permitted for the traffic traveling adjacent to the broken line,but is prohibited for traffic traveling adjacent to the solid line;and e markings consisting Of two normal solid yellow trines where C.Two-direction no-passing zon crossing the centerline markings for passing is prohibited for traffic traveling in either direction. The centerline marldugs on undivided two-way roadways with four or more lanes for moving motor vehicle traffic always available shall be the -direction no-passing zone markings consisting of two normal solid yellow lines as shown in Figure 3g2 Guidance: on t--wo-w-ay roadways-with tree through lanes for mo-ing motor-ehicle traffic,two lanes should�e designated for traffic in one direction by using one-or t-N o-direction no-passing zone markings as shown in Fia-ure 3B-3. Standard. Centerline markings shall be placed on all paved urban arterials and collectors that have a traveled way of 6-1 m(74 ft)or more in width and an ADT of 6,000 vehicles per day or greater. Centerline markings shall also be placed on all paved two-way streets or highways that have three or more lanes for moving-motor vehicle traf Re- Guidance: Centerline markings should be placed on paved urban arterials and collectors that have a traveled way of 6.1 m(20 ft)or more in width and an ADT of 4,000 vehicles per clay or greater.Centerline cgs should also be placed on all rural arterials and collectors that have a traveled way of 55 m(18 ft)or more in width and an ADT of 3,000 vehicles per Clay or greater-Centerline markings should also be placed on other traveled ways where an engineering study indicates such a need- traveled judgment should be used in determ g whether to place centerline markings an traveled ways that are less than 4.9 m(16 ft)wide because of the potential for traffic encroaching on the pavement edges,traffic being affected by parked vehicles, and traffic encroaching into the opposing traffic farce. option: Centerline markings may be placed on other paved tyro-way traveled ways that are 4-9 m(16 ft)or more in width_ If a traffic count is not available,the ADTs described in this Section may be estimates that are based on engineering judgment. lanuary 21,2010 Gam.3B-Pa.veci and C .arbzage Part 3-Mmkinp Page 313-2 California MUTCD (FHWA's M1✓TTCD 2003 including Revisions! and Z,as amended for use it California) Standard: Centerline patterns shalt be selected from those shown in Figures 3A<101(CA)and 3A-154(CA). Raised retroreflective pavement markers shall be used to supplement the centerline markings on State highways,except in snow areas. SuopporE: On hG zcntal cup re3 Nit!'radii less ^ 1 ECG rrt(3250 IY)and r l our stmt lighting, E BI`:22 inst°,.a f GetaiE 2' can be helpful in improving the delineation for centerline markings as it includes retroreflect-,re raised paiiernent rrarikers. Detail 22 can be applied in ad�rance of tre apprcach t the curare per:able 2G-4 and ntiiil=e t iougl cut the le^gf` o; the-carve. Refer tc M C 21460 for Dcuble tines. Refer tc C,{C 21460.5 for Two-Nay E_af<TIf im banes Standard: A left edge lire shall consist of a solid 1-3L ,rr: (4 in) wide yellov Eire.yeUs rw raf=ectILre cs°e^tant markers cE a combination cf lina and markers as shcwr in Figure 3A-1 WCf A . �€ r}Jt..+ ��L... ✓..i..to LVZi v..L lY:v k� ... ✓...�t,: 1�.. v. - 3. port. $-v edge - w� .'.-:vim# «.�::uv = G: . Section 311.02 N o Passhte Zone Pavement Alarkings and Warrants Standard: No-passing zones shall be marked by either the one direction no-passing zone pavement markings or the two-direction Stu-passing zone pavement markings described previously and shown in Figures 3B-1 and 38-3. When centerline markings are used, no-passing zone markings shall be used on two-wag-roadways at lane reduction transitions (see Section 3B.09)and on approaches to obstructions that must be passed on the right(see Section 311.10). t-� h - faarldugs sb =M eefeeet 4he zeaes- Standard: If the gap betwear's rG S�2 o-Bossing tares's lea= t ar =+` g g^ aiS r urE' 3i ri egg° anown in Table 38-1, ft nc=passing zone shall be ccnti-ocus: 'here centerline markings are used,no-piing zone markings shall be used on approaches to highway-rail grade crossings in conformance with Section SB.20. Option: In addition to pavement markings,no-passing zone signs(see Sections 2B.2-4,2B.30,and 2C.355)may be used to emphasize the xi3tei'nce and extent of a no-passing zone_ Support: Section 11-307 of the`°Uniform Vehicle Code�, -IC j Revised"contain further information regarding no-passing zones.The`-TTVC"can be obtained from the Natioual Committee on Uniformi Traffic Laws and Ordinances at the address shown on Page i- standard: On two-way,two-or three-late roadways where centerline markings are installed,no-passing zones shall be established at vertical and horizontal curves and other locations where an engineering study indicates that passing must be prohibited because of inadequate sight distances or other special conditieus. on three-lane roadways where the direction of travel in the center lane transitions from one direction to the other,a no-passing buffer zone shaIl be provided in the center lane as shaven.in Figure 3B4.A lane transition shall be provided at each end of the buffer zone. The buffer zone shalt be a median island that is at least 15 m(50 ft)in length. J 2�,Zo�� Chapter 3B—Pxrement and Curb Markings Part 3-Markings Page 35-3 California MUTCD (FRWA's WTCD 2€03 including Revisions and 2,as amended for use in California) Guidance: „ limit of 70 km/h(45 mph)or greater,the lane For three-lane roadways having a pasted or statutory speed _ transition taper length should.be computed by the formula L=0.62 WS for limit is less speeds haw in km/h =WS for speeds in mph).For roadways where the pasted or statutory speed formula L=WS2/155 for speeds in km/h(L=WS2/60 for speeds in mph)should be used to compute taper length.Under both formulas, L equals the taper length in.meters(feet),W equals the width of the center lane or offset distance in meters(feet),and S equals the 85th-percentile speed or the pasted or statutory speed limit,whichever is higher- Standard: The minimum large transition taper lengths shall be 30 m(100 ft)in urban areas and 60 m(200 ft) in rural areas. on roadways with centerline markings,no-passing zone markings shah be used at horizontal or vertical curves where the passing sight distance is less than the minimum necessary for reasonably safe passing at the 85th-percentile speed or the posted or statutory speed limit as shown in Table 3B-1.The passing sight distance on a vertical curve is the distance at which an object 1.07 in (3.5 ft)above the pavement surface can be seen from a point 1.07 m(3,5 ft) above the pavement(see Figure 3B-5). Similarly,the passing sight distance on a horizontal curve is the distance measured along the centerline(or right-hand lane line of a three-lane roadway)between two points 1.07 m(35 ft)above the pavement on a line tangent to the embankment or other obstruction that cuts off the viers-on the inside of the curve(see Figure 3B-5). Support: The beginning of a no-passing zone at paint"a" in Figure 3B-5 is that paint where the sight distance st becomes less than thE,t specified in Table 3B-1_The tied of the no-passing zone at point"b"in!='igure 35-5 is that paint at which the sight distance again becomes greater than.the minimum specified L f u t Refs io ✓IC 2'4yc -sr D f'tie LFt`eS - [ �tJ < :v} :Ev. i 1C L! 52 r`�S" spa {f� J .^ 3 f 3 it >t �,:�.., ns.f: ^•f �t G."1�f 4c�.a`� --.s 3 s} ✓ .'✓�' -JL ass y?C�;y lass.r ed f r7c or- .. ..} side • T a r - rte` lrt f �f �: _ E`c is u �c.Lu c C ac 'c `L''!s 4 €_' � 1� �, Stan€#ard; L � _ NO-passing zone p=atterns shall be sefac ed Fr-r-;those s o €n Figures t�G rt� �wc Z:;''S, sScti 5 iii€ s�• e 3 •� `SIG rCsG v"�aa'S €s = � e i t at t-8 ra Section 3B.03 father Yellow LondWdmat pavement .arkiu�s Standard: If reversible lanes are used,the lane line pavement markings on each side of reversible lames shall consist of a normal double broken yellow line to delineate the edge of a lane in which the direction of travel is reversed from time to time,such that each of these markings serve as the centerline markings of the roadway during some period[see Figure 3B-6}- Signs(see Section 2B.25),lane-use control.signals (see Chapter 4J)6 or both shall be used to supplement reversible lane pavement markings. If a two-way left turn lane that is never operated as a reversible lane is used,the lane line pavement markings on each side of the two-way left-turn lane shall consist of a normal broken Yellow line and a normal solid yellow line to delineate the edges of a lane that can be used by traffic in either direction as part of a Left-turn maneuver.These m���gg shall aceut traffic Ian shown in Figure 35-7 the two-way left-turn lane and the solid.line to adjacent _71,2010 Chapter 3B—pavement and Curb markings Part 3-N4 rkings Page 3B-4 California Ivb-UT'C (FE- WA's-N4U.'CD 2003 including Revisions and 2,as amended for use in California) Option: Pavement marking arrows may be used in conjunction with the twg way left-tam lane markings as shown in Figure 3B-7. Gam= see Section 2B.24). Signs�ma be used in conjunction with the tvva-vray left term markings Standard: If a continuous median island formed by pavement markings separating travel in opposite directions is used,two sets of double solid yellow lines shall be used to form the island as shown in Figures 3B-2 and 3B-4.Other markings in the median island area shall also be yellow,except crosswalk markings which shall be white(see Section 3B.17). � On Mate highways,reversible lames shall be separated by pi'..yvicsl barriers or delileeators{_ Sapp i1r � v i .. jr-;Cr3.: ?ar;efCaurict=_. E c z- , .� �t t0 tears - - r-:.� i, i ..}.. m ';J -`;emu 01 c.-ses ef.-; cv 2 .0 i . Y i i`3 1 ;:is ''Gti�( SE . a ,�.c Standard: The+fit•°�;"��c rTt� "` `3lle markings SNEl-tc c.�ic E�r�� mss,_ 'Csf r� �r�:T t =iGu`E u3 C- v =i _ ? SSE 1T { 't zS%. -sue° . '`.a ...i' _ ��i � � �� � � -- yr ft�l •' vv. "Gtr tia'.t`. as i�-J.1 1.i.. it�e �� �v ....Ft�1;�ali .^- ,�i•;� f.:v;.:...C`.....V;S.�.- «_ a.+ J v�F�i. :tt�_... .v. De r7sCa at a i7 i- 1f T _ ,s { +mss iJ{v •'ant' ' .1 �_. -s -IYic�-a _cf; 1a—Tc; iciu£":sv azzaed =r. Section 311.04 White Lane Line Pavement Markings and Warrants Standard: When used,lane line pavement markings defeating the separation of traffic lanes that have the same direction of travel shall be white. Support: Examples of lane line markings are shown in Figures 3B-2-3B-3, 3B-7 tl3rough 3-B-1-3, 313-22,4B-24% 233{.CA)_and 3B-26. Standards the lane line markings shall consist Where crossing the lane line markuxgs with cars is permitted, of a normal broken white line. shag,consist of a Where crossing the lane line markings is discouraged,the lane line markings normal solid white line. option: lanes,such as Solid white lane lute markings may be used t€�separate through traffic lanes from auxiliary uphill track lanes,left-or right--turn lanes, and preferential lanes.They may also be used to separate traffic lanes approaching an intersection- Wide solid lane line markings may be used for greater emphasis. Standard: Where crossing the lane line markings is prohibited,the lane line markings shall consist of two normal solid white lines. Lane line markings shall be used on aIl freeways and Interstate highways. January 21,2010 Chapter 3B-Pavement and Curb Markings Part 3-Markings Page 3B-5 California-WuTCI3 (FHWA's�MVTCD 2003 including ltevisiensl and 2,as amended for use ixr California) Guidance: Lane line markings should be used on all same direction of travel_Lane lice markings shoo u�Id a also be used at congested locations where the roadway wilt accommodate more!traffic lanes with lane line markings than without the markings. Standard. Lane line patterns shall be salected from those shown in Figure 3A 102(CA).Detail 9 or 10(65 I Ih( 0 mph or less)or Detail 92 or 13(7U kmth(45 mph)or more)shall be used on State freeways,expressways;freeway ramps,freeway to freeway connectors and collector roads,except when used in snow areas,the raised pavement markers will be recessed. Section 3B.05 Other White Lon itudfnal Pavement Markings Standard: A channelizing line shall be a wide or double solid white line. option: Channelizing lines may be used to form channelizing islands where traffic tray-eling in the same direction is permitted on both sides of the island- Standard: island area shall be white. Other pavement markings in the channelizing island Support: Examples of channelizing line applications are shcwu in Figures 3B-9 3B- ` �=_,�-�36- `=^),and 3B- _ l3. Channelizing Imes at exit ramps as shower in Figure -3B 8 3�-5{°= define the r<e�tral area; direct ey�tmg traffic at the proper angle for smooth divergence from the main lanes into the ramp,and reduce the probability of colliding with objects adjacent to the road+vay- Channelizing lines at trance ramps as sha,tm in Figure 3B 93E-9- A Promote reasonably safe and i efficient merging w=ith the through traffic. Standard: For exit ramps,ehanneliziug lines shall be placed along the sides of the neutral area adjacent to the through trap lane and the ramp lane.Ifflith a parallel deceleration lane,a 200 u stream etc r_ vrF�lte lane drop]rue shall be extended from the beginning of the channelizing p length of the full width deceleration lane as shown in Figure 3"3'3- B(CA)- _ Option: White che=�?ors markings may be placed in the neutrall area for special emphasis as shown in Figgie - sB-S(^AI. Guidance: For entrance ramps,a chanuelizing Tine should be placed along the side of the neutral ar° , a adjacent t the ramp lane. acceleration entrance ramps with a parallel an lane,a lane Line should be extended from the end of ehannelizing line for a distance of ene-l}aM the w1'Urr length gf the fu11- lath acceleration Ise as shown in Figure 3-11 9 3B-9(CA). Option be laced to extend the For entrance ramps with a tapered acceleration lane, lane line markings may P traTIc chanuelizing line,but not beyond a point where the tapered lane meets the near side of the through lane as shown in Figure 3-13 3B- CA). Standard. 3l3_ill CA shall be used in advance of IaBe Lane drop marldugs as shown in Figure 3B44 ( )�y lane drops at exit ramps to distinguish a lane drop from a normal exit ramp or from an auxiliary Option: ns 1er1� The lane drop marking may consist of a wide,white dotted line with line segments 0.9 m(3 ft) separated by 2.7 in(9 ft)gaps- Guidance: 7anuar 21,Zti I 0 Chapter 3B—Pavement and Curb Vikings Part 3-Markings Page 3B--f California t4 UTCD (F11-WA's MUTCD 2003 including Revisions and 2;as amended for use in California) if used,lame drop markings should begin 800 m(0.5 nil)in advance of the theoretical gore point. If the dropped fare ifiJ at xii#ary lar e icm(1i2! or less in iengf.,�..e lane drop Eire shcJd exterd througfc� the entire lena&,- Opt on: Were lane changes might cause confluicts,a pride s€ 1i white channeling l ne may°xtend upstream from the theoretical gore point. Standard: f,x The Tare drop lir±i p�tern s-all i:e as shown ir. figure r 3�-���✓1"�:, i3x t j Support: if,f -_2 1flI .�v!����:lC' f- i ark:ngs and signing. C9 S rvfls e CICtIc'.. ' 1 W" . J..,.v �. . 3 T.c- Standard - 5 '_ }'ai llr rsaiE si"� :an c Section 3B.06 Edee Line Pavement Marldn€rs Standard: If used, edge line pavement markings shall delineate the right or left edges of a roadway. Except for dotted edge line extensions(see Section 3B.08)s edge line markings shah not be continued through intersections or major driveways. If used on the roadways of divided highways or one-sway streets,or on any ramp in the direction of travel,left edge line pavement markings shall consist of a normal solid yellow line to delineate the left edge of a roadway or to indicate driving or gassing restrictions left of these markings. If used,the right edge tine pavement markings shall consist of a normal solid white tine to delineate the right edge of the roadway. Guidance: e't Edge ime markings should not be brokers for c r 3r'r sw a-,rs. Support: Edge line maarings ha,j2 un cl e val-ae as,visual referenees tc -aide road users daring ad-verse w ea.her and visibility conditions. Option: Tide solid edge line markings may be used for greatcl-ernphasis_ Stanca-d; A Tiglit adge "tier-Sftaf� iag�t��✓r u soli. -4,-, . GL ala,''Ge :Ina r: $di I y3 Ifs a pja t f ,are lira or c;et:terllr-e or e is May "?air'dines.. rarnip, 3 u v^iI' aoLGiS a�t= t i �if r . Generall Page 313-7 California ink 1 CD ( HVvrA's ML-TCD 2003 including Revisions and 2,as amended for use in California) Section 3B.07 Warrants for Use of Edge Lines Standard: Edge line markings shall be placed on paved streets or highways with the following characteristics: A.Freeways; B.Expressways; and C.Rural arterials with a traveled way of 6-1 m (24 ft) or more in width and an AI)T of 6$000 vehicles per day or greater, Guidance: Edge line markings should be placed on paved streets or highways with the following characteristics: A.Rural arterials and collectors with a traveled way of 6.1 in (20 ft) or more in width and an ADT of 3,000-vehicles per day or greater. B.At other paved streets and highways v;her e an engineering study indicates a need far edge line markings_ Edge line markings should not be pierced-w nhere an en`rnieering study or en i ea g;adgment i?�dicates that providing therm is likely to decrease safer . Option: Edge line mar-kings may be placed on streets and highways vv :h or without centerline tark=ngs. Edge line mafkings may-be excluded, based on engmeer g,��dgmeni,for reasons h as i tl e veleci °ay edges are delineated by curbs; parking,bic c' lames, or other markings. Edge lime markings may be used-where edge -delineation is desirable to e ecessary dri,iug on paved shoulders or oa ri�age areas chat l t-:I°sser s wct Arai pa 7-, sr�-eng h rba-=tee adjacen=roa&-a Eage GG f..r t+ � " .. •- �.j— .v.s�. Section 3B.08 Extensions Through Intersections or Interchanges Standard: Pavement markings extended into or continued through an intersection or interchange area shall be the same color t' t t�. vA as the line markings they extend (see Figure 3B-11). Option:: A normal'tee may be used to extend a t}ide 'one+hhcugh�intersection_ Guidance: Where high-way design or redaced Y ibili y condi s tion mare it desirable to provide control or to-2 de vehicles through an intersection or interchange, such as at offset,skewed,complex,or multilegged intersections,on curved roadways,or-where multiple turn lanes are used,dotted line markings should be used to extend longitudinal line markings through an intersection or interchange area_ Option: Dotted edge line extensions may be placed through intersections or major driveways. Guidance: Where greater restriction is required, solid lane Imes or channelizing lines should be extended into or continued through intersections or major driveways.However,edge lines should not be extended into or continued through intersections or major driveways as solid lines_ A single line of equal width to one of the lines of the double line should be used to extend a double litre through an intersection_ To the extent possible,pavement marring extensions through intersections should be designed in a manner that minimizes potential conftsion for drivers in adjacent or opposing lanes. Support: See Figure 3A-l?2(:r_',_Detail CC a:id 40A icr lane line exlers?ars. Januarg 21,2Q i Q Chapter 3B—Pavement and Curb lrfarkings Part 3-Markings California'fU 1 C13 Wage 3B-12 (FHWAIs M-UTCD 2003 including Revision) and 2,as amended for use in California) z 11; M! yam°°-- 1 At least one retroreflective ina for- s r or internally illuminated marker per group shall be used or a retroreflecttve or internally illuminated marker shall be installed midway in each gap between successive groups of nonretroreflective markers. no greste -t 2- The widths and patterns of raised pavement markers shall conform to the details shown in Figures 3A= 101(CA)through 3A 112(CA).See Section 3A.05_ Guidance: Raised pavement markers should not substitute for right edge lute markings. i N/4,ffm not less4haan nenne raised paivement maFker-per dotted line.At least one Falsed maf ker every N shaau-he retroreReetiye or inter$ril y-IauB ed� Option: When substituting for aide lines,raised pavement markers may be placed laterally adjacent to each other to simulate the width of the line. Standard: if used or.State highways, ;rats-Malls-Ulunlinaied ralsad pairnnert =arkers shall be installed by an @t3CrG8Gh[Tient p8triT 8d incline a rr aintanance 3g'° v =agir aft'_ iii yr the pei*ltit for the a$rYtc$lifer the markers: Section 3B.15 Transverse Markings Standard: Transverse markings,which include shoulder markings,word and symbol markings,stop lines, yield lines, crosswalk lines, speed measurement markings,speed hump markings,parking space markings,and others, shall be white unless otherwise specified herein. Guidance: Because of the toter approach angle at which pavement markings are viewed,transverse limes should be proportioned tt;pro ide=�vibiLity'e.i.alt that of longitudinal lutes. Standard: Pavement marking letters,numerals,and symbols shall be installed in accordance with the Pavement liarkings chapter of the"Standard Highway Signs" boob(see Section 1A.11). Crass raik n�a rigs near schc:o s shall;-e yeilow .afar tc- C`vC 2-1368 and pad Sup F?f rtc 'w; :.r~s a� w C ""St't GT '. '� t3r��iLr z_ Get Ftc. S 1 Section IAA I for nfer, .a - rlgardlirg this -ubl€caucr± Section 3B.16 Stop and Yield Lines Standard: If used,stop lines shall consist of solid white Imes extending across approach lanes to indicate the point at which the stop is intended or required to be made. If used,yield lines(see Figure 3&44 3B-14(CA))shall consist of a row of solid white isosceles triangles pointing toward approaching vehicles extending across approach lanes to indicate the point at which the yield is untended or required to be made. Guidance: Stop lines should be 300 to 600 mm (12 to 24 in)wide. Stop lines should be used to indicate the point behind which vehicles are required to stop,in compliance with a STOP(RI-1)sign,traffic control signal,or some other traffic control device,except FIELD signs. Chapter 3B—Pavement and Curb:Markings January 21,2010 Part 3-'•_Markings Page 3B-13 California MU'TCD (F'1HWA.'s MUTCD 2003 including Itevisionsl and 2,as amended for use in California} The individual triangles comprising the yield line should have a base of 308 -600 min(-ate 24 in) wide and a height equal to 1.5 times the base.The space between the triangles should be -300 mm(3 12 in). Option: Yield lines may be used to indicate the point behind which vehicles are required to yield in compliance with a YIELD(RI-2) sign or a Field Here to Pedestrians(RI-5 or R1-5a)sign. Guidance: If used,stop and yield lines should be placed a minimum mum of 1.2 m(4 ft)in advance of the nearest crosswalk line at controlled intersections,except for yield lines at roundabout intersections as provided for in Section 3B.24 and at midblock crosswalks.In the absence of a marked crosswalk,the stop line or yield line should be placed at the desired stopping or yielding point,but should be placed no more than g m(30 ft)nor less than 1.2 m(4 ft)from the nearest edge of the intersecting traveled way. Stop lines should be placed to allow sufficient sight distance to all other approaches to an intersection. If used at an unsignalized midblock crosswalk,yield lines should be placed adjacent to the Yield Here to Pedestrians sign located 6.1 to 15 m(20 to 50 ft)in advance of the nearest crosswalk line,and parking should be prohibited in the area between the yield line and the crosswalk(see Figure 3B-15). Stop lines at midblock signalized locations should be placed at least 12 in(40 ft)in advance of the nearest signal indication(see Section 4D_15). Support: Drivers who yield too close to crosswalks on multi-lane approaches place pedestrians at risk by blocking other drivers' views of pedestrians. Support: As defir et':in::���'�;a A#mit line sS a so! � , €8!'I' r-ct tens fan 303 mr` e? re?ci 7�ixB 'Q�t` "1 �La� r1 a it r�vrritJs:< :r or ar Yvr?; .e. .v'.o .r osoaie 04° tot-F cr .r^,C fliC is r Fire iG stoj .. ,,axt d cc,7p€anca:,Q_t egai re-quiierments. s tar d ard: , For all purposes,-lii ii 11neisj Wage 3B-iv California WU TCIs (FHWA's IdU i CD 2003 including Revisions]. and 2,as amended for use in Calif©maa} Policy Farkintt Restrictions Option: Local aut"orities 'may; cy ordinance,provide for the esttabils imert of pa'ing r!etar zones and cause streets a" highways Lo be rrar`Red��r.,w jte ryes designating parking spaces. Refer to C'/"Se iG? 22bgS. Standard; ,� _�� s fi .f the -Ka the ord':rZ ._ �e =uprcf8d l y tr=e DZP When h. prcposad= res ai a on mate .iglt y- Transportatior. � Local auftrities small furnish a sket;h or rip show�-wing the satin is iccaticn 0`?il psrF_i`g mats. st-albs cr. State highways before departmental approval is given. Support: _ =� h,r ftj z aoc ,•s Jrd� _s e zJist c t®`rcr:ACC ve l;ec CiB'ega c. vsa a.t u .t° �r a rt rt �r ret�. s{.aiis are 21-4 7 f s b, ��t >. . F,.,. :. 9ti- :;?c OeS.�a s:1 pa -r� 7r r �:iii�F` L f', Guidance: . t a t c - t:e .. .,-.. .. _ r .. .c.. p e mr n. ±ur r Section 38.19 Pavement Word and Lbol Markings Support. wa-r�in� or re °a fn Ford and symbol markings on the pavement used for the propose of guiding- 4 g, gu g a�•°rrnen are word ri1C+ JCL Gs_ '!� rd mss:d.au�i v'.4 rG vaz�.era`t traffic- Symbol messages are prefLrable t� g markings are shovn.n Figures 3B W tc f• F A and 3 Standard: Word and symbol markings shall be white, except as otherwise noted in this Section. Guidance: Letters and numerals should be z.?,.;.(6-)-9-44'Y ft; or more in Le ght- Word and symbol markings should not exceed th-ee lines of information. if a pavement marking word message consists Of more than one line of information, it should read in&-e direction of travel.The first word of the message should be nearest to the road user. Except for the two opposing alma.'-of a two-way left-tun lace marking(see figure 3B-7),the longitudinal space between word or symbol message markings,including arrow markings,should be at least four times the height of the characters for low-speed roads,but not more than ten times the height of the characters under any conditions. minimized t€�provide effective The number of different word and s. markings used should be pr guidance and wvoid misunder unding- Except as noted in the option,pavement word and symbol markings should be no more than one lane in width. 3amary 21,2010 Chapter 3S-Pay ementi and C wb MaddnP Part 3-MarMugs Page M-1 California MUTCD (FffW 's W2 1TCD 2003 including Revisionsl and 2,as amended for use in California) G ee: - z f Standard: if used,the SCHOOL pavement marking shown in Figl�re 3520(0 ,)and 7C-Z [(0A)shall be uses and shall be restricted to a single lane(See Section 70.06). Word and symbol markings near schools shall be yellow as prOlVided in CVC 21368.See Fart 7. Option: spaced fit within the width Pavement ward and symbol markings�ma~y be proporti€rn , sealed to of the facility upon which they are applied. Option: On narrow,low-speed shared-use paths,the pavement words and symbols may be smaller than sug,ested,but to the relative scale. Standard: siira l be laced in each The International Symbol of Accessibility parking space markings p parking space designated for use by persons with disabITMes.A blue background with white border may shall supplement the wheelchair symbol as shown in l figure X138-1 g(C-A). tr used,re�x nv` ucticr Lf;nca ibis off-street parking spaces, and loatii�g and snicadinc a�ea ,oaf include pavement rnaeking d il~sh in cr �gurs 313-13(CA), or as sho*r� or,ire Departmenfa Rs*se Standard Plan A.94.A.The loading and unloading area shall be rnarkeu by a borce arc ha#ctiab!lies, I` = Shall be painted blue and the hatched tin-as SnQtt " pair?tra a suitable : rztrastmc oicr fj--e Dal.d « �a sbiLe or wf3its paint is preferred;. If used; ire cctrlsi*uction of accessibts cr:-s rost parking shall include a ciue painted curb s 51-3 a.. ._ Departments Raised Standard Plan A306.1114 or-tt set parking designated ans, cesigrlec�'rH lines,' sV TY ding a>sa, it s=a,be rnar'keb bJ. a ceder and ^at e . �isabilites�n�udeS a►ceding and,�:3i�oa _ � shall pair:teb d e tll8 llatvr a 3 t' Soli be ;am-te a su',tabls ,.°?. i°' 'bilge or unite paint is preferred;, F ?Hv"T v hin is blue bo oe a. c s JEi-1 we Loading and unloading areas shall ircauds the NO painted in white letters no less than 0.3 m(#2 irI l'`Ob `S detail it Fitgurs 38-19 'Ck!.Pater tc Ba�ifc� �a �o�e of Regulations Title 24, Sermon 1129E A Standard: Where through traffic lanes approaching an intersection become mandatary turn lanes,lase-use arrow markings(see Figure 38-2 3B-21 i CA=}shall be used and shall be accompanied by standard signs. Lane use,lane reduction,and v-rong-way-arrow markings shall be designed as shown in Figure tel:313-21(r,Aj. Guidance: s should be at as necessary to Where through lanes become mandatory turn lanes,signs or marking re prevent entrapment and to help the road uses select the appropriate lane in advance of reaching a queue of waiting vehicles. option: be used to convey either guidance or Lane use arrow marlangs(see Figure�l 3B-21(CA))may mandatory messages.The ONLY word marking(see Figure 3B- 3S-20(CAj)may be used to supplement lane-use arrow markings(see Figure 3B-22'}- on transition occurs,rile lane reduction arrow markings shown in Figure In situations where a lane reducti 3B138-21(CA)maybe used. Guidance: There crossroad channelization or ramp geometries do not make wrong-way movements difficu t,a lane-use arrow should be placed in each lane of an exit ramp near the crossroad terminal where it will be 38-23(CA)} clearly visible to a potential wrong-way road user(see Figure 3� January 21;20 10 Chapter 3B-Pavement and Curb Markings Part 3-Markings Page 3L-13 caufomia MUTCI3 (FFIW A's,ML1TCD 2003 including}Zevisionsl and 2,as amended for use in California) Option: The wrong-way arrow markings shorn in Figure 3B 21 3B-21 I CA)may be placed near the downstream terminus of a ramp as shorn in Figures 3B 2-3 3B-23{CA.j and-3B-44 to indicate the correct direction of traffic flow and to discourage drivers from traveling in the wrong direction- A yield-ahead triangle symbo= or YIELD AHEAD word pavement narking may be used on approaches to intersections where the approaching traffic will encounter a YIELD-sign at the intersection(see Figure 3B- 2$). Su�ane-use arrow markings are often used to provide guidance in turn bays(see Figure 3B-22),where turns may or may not be mandatory,and in two way left-turn lanes(see Figure 3B-7). Arrows; Standard. WhY z=r a tunnirg i:mv.,e ner`i f manna' ry. art r TT 3e drg � 3? iau °c rs itlat..°`a Sig h �°,s s''2fI= $livtiec ,XlE: an 3d£LI3Cr12i clear'.y <"S.! . :i .. prd ;� �r if s a} rGali€ �liti Ti,; ?t�"r5:..an the s gn is required.Rsfer to f/C 221 1;'!- _ taz.. et are 3 . _ � f. ......%�_ v... .. .v.s_. .+ ....i r.. a .l - r �.t rr C � �'�( }'.-."� ..,YF ..rs . r;rvs._. �i --o v { a..v=.✓± .r..��vv .-z.t.. fz v z Exit artkr Ar-,TArs: Standard- ee�a� lt ramp Yin a. A mi im rn of tov pavarrent arrows shat! to clecsl n as r X A Type ` 3i°r� S'2a i be lea f}r�z�_*ra�tj ;fit;i s -_P'-� ,r� f a ;jrs� :f Fri-a i `.Sxifi rI f.T'i Mere a ma logo moTlerr�ent.c red _ <> s 7"PA �: €:, v, !i- ,v:li a c;�snai3 be placed wk{ _ rc=rkt app xlrnateiy v,t m , ft} preceding e mit rje, ::-oss tk or"Tr OP" C �e ert€ege. 'Where c --nandatory rt't--,isrrlen is required: a Type 4!arrcw giiaq be used at this i0catior. AR other anditicnai arrows: *her used Shall µs a-linirr nurr of" 32 n*s +24 !cr oth. t ?ri ' a �, r.{�� :fie iiw;'c 3.? spa— All ct � All srrcws snail t;- places. :f' e__4 aparL ,e ac Uai z; _ d s e^;"g s-o�:ie• De Za. . .,. _ Q tempt x-arter to S:4 MMIC it the ,vrarg directG"'. See Figures 3B-21 CA.f and 3E-23(C-A:,. Entrance Rangy Arrows- Standard. A,tninirmurn of one Type i arrows not less than 5.49 rn(IS ft)in length,shall be positioned in the center of each freeway entrance ramp lane so that it is clearly in view of a right-way driver. Guidance: he distance ree�a TrjAfss wher.amore than one� aA:R s needed, €�o�tfu ev vG r!'; G to g� lr f33�ft;.Tea Type V arrow should jGt.t e used on entrance ramps. Support ee Figures 3B-21`CA and 38-23(CA , rA-Ctliii r aI'! 1vr a vt' 1 3= r 4I r� ��f ramp ermirc'ts..-.Si'C'hti:in Sector 2�. V. January 21,201k'0 Chap-er 3B-Pav-m�and Curb Markings Part 3-MafKjngs Page 3B-19 California.MUITCD (FHWA's WTCD 2003 including Revisions I and 2,as amended for use in California) Turn Lana Armors: Standard: a Mj,-,-- in piscpedi Ti- f"s :;—tsp cf sac h t�-�rr--frg Isn's One direaticrial arraw; near the pc tit of antrance.. a S 7 Z' zz ta Suppertc See P;aures Ei Option: Word and symbol markings may include.but are not limited to,the following,other words or symbols may also be used under certain conditions. A.Regulatory: 1. STOP 2. RIGHT(LEFT}TURN ONLY' 3. 40 km/h(25 NTH) 4. Arrow Symbols B.Warning: 1. STOP AIMAD 2- YIELD AHEAD 3. YIELD AHEAD Triangle Symbol 4- sCHOOL)UNG 5. SIGNAL AHEAD 6- PED)M 4G 7. SCHOOL 8- RXR 9. BUMP 10. HUNLIP C. Guide: 1- US 40 2- STATE 135 3- ROUTTE 40 Standard: Except at the ends of aisles in parking lots,the word STOP shall not be used on the pavement unless accompanied by a stop Hue(see Section 3B.16)and STOP sign(see Section 2B.04).At the ends of aisles in parking lots,the word STOP shalt not be used on the pavement unless accompanied by a stop Hue. The word STOP shall not be placed on the pavement in advance of a stop Hue,unless every vehicle is required to stop at all times. The yield-ahead triangle-symbol or YIELD AHEAD word pavement marking shalt not he used unless a YIELD sign(see Section 2B.08)is in Place at the intersection.The yield-ahead symbol marking shall be as shown in Figure 3B-25. Guidance: :'j A ST >Tar'&g signals. opbon: Itsign S e Benno' January 21,2 Chapter 3B-Pavement and Curb Markings 010 Part 3-Markings Page 3B-25 California MU'TCD (FHWA's MU'TCD 2003 including Revisions 1 and 2,as amended for use in California) Section 3B.25 Ylarkines for Other Circular Intersections Support: Other circular intersections include but are not limited to rotaries,traffic circles, and residential traffic calming designs. Option: The markings shown in Figures 313-27 and 3B-28 may be used at other circular intersections when engineering judgment indicates that their presence will benefit drivers or pedestrians. Section 313.26 Sneed Hump Markings Standard: If used,speed hump markings shall be a series of white markings placed on a speed hump to identify its location. Option: Speed humps, except those used for crosswalks,may be marked in accordance with Figure 3B-29.The markings shown in Figure 3B-30 may be used where the speed hump also functions as a crosswalk or speed table &'poort: . c. -C'iC e'u :t s V bu- Cs are"� J'TC:a traT�c c rt x Section 3B.27 Advance Screed Hume Markings Standard: If used,advance speed hump markings shall be a special white marking placed in advance of speed humps or Tither engineered vertical roadway deflections such as dips. Option: Advance speed hump markings may be used in advance of an engineered vertical roadway deflection where added-visibility is desired or where such deflection is not expected.(see Figure 3B-31'J. Advance pavement wording such as BUMP or HT (see Section 3B.19)may be used on the approach to a speed hump either alone or in conjunction with advance speed hump markings.Appropriate advance warning signs may be used in conformance with Section 2C-24. Guidance: If used,advance speed hump markings should be installed in each approach lane. Section 313.101{CA, Diagonal and Cherrcn Markings is-ance. ,sic€ ra!arc ch ro kiP95 3r'cr_'L`l Je '�i -C _ he t:e O � rr ,ar in tt s "S °SSai j to a1t�c� G�'cv:S ut., s yr-o di ISc rcee"eNcuta;Yale'upC..a Pa*!t for road-way fear _e ac^as aF. , c��atl, £ue s-cu(�:er :tea.a refuge:`slar:d, or=traffic � �iyi4.;ral or cr3. r eilzation island.. ,pedestrian Diagonal tires, vi erg used, she+.yid i e irs`.ailed �etvrssr:ar}edge line and tEaf c€sla d. or�°et r fairs of dcuaie yeilow lines. Chevron markings,when mod.should be installed between crarrnefizing lines for traffic Ilaws in tk!e same direction. Support: The applicable channelizirud lines for chevron markings are shown in Figure 3A-1 IC(CA),Details 36, 36A and 36S and pairs of Ones shown in Figure 3A 112(CA,,details 38 and 38A. The diagonal lines or chevron markings are normally 300 mm(121n)wide. Standard: Diagonal lines and chevrons shall be the same color as the line or lutes to which they connect and shall point at a 45-degree forward angle. Diagonal lines or chevrons,if used,shall be the same color as the edge line. Option: The spacir g between these lutes may varf from 0.3 m(I ft,in a pedestrian crosswalk to 60m(2001`,for rehieular traffic. January 21,20 io hapter 3B—Pavement and Curb Marldugs C Part 3-Markings California MUTCD Page 2B-57 (FHWA's MUTCD 2003 Revision 1,as amended for use in California) Figure 2B-1. STOP,YIELD, Speed Limit,FINES HIGHER, and Photo Enforcement Signs YiEL6 � TO ONCOMtN6 TRAFFIC R1-1 R1-3 R1-4 R1-2 R1-2a I,.,, SPEED UC LIMIT U S Q OR OR ' R2-1 R2-2 OR FINES TRAFFIC uws PHOTO ,/ HIGHER PH0T0 ENFORCED ENFORCEQ R2-3 R2-6 R 10-18 R10-1 S Figure 2B-1 (CA). STOP, YIELD, Speed Limit, FINES HIGHER, and Photo Enforcement Signs END SPEED SPEED 3 ENFORCED _ ENFORCED ZONE BY RADAR BY AHEAD SPEED RADAR ENFORCED AIRCRA R2-4 (CA) R3 (CA) R48 (CA) R48-1 (CA) R48-2 (CA) SPECIAL DOUBLE RED LIGHT j DRIVING ZONE � VIOLA BEGINS HERE FINE SPECIAL DOUBLE 1 DRIVING ZONE L FINE ZONE ZONE ENDS HERE ED FINE SR53 (CA) SR54 (CA) SR55 (CA) SR56 (CA) SR58 (CA) Chapter 213—Regulatory Signs September 26,2006 Part 2-Signs California MUTCD Page 2B-77 (FHWA's MUTCD 2003 Revision 1,as amended for use in California) Figure 28-16(CA). Califomia No Parking Signs (Sheet I of 2) 9PA K o PAR -- -- PARKING srhll� PARK OFF ANY ANY RK ! f PAVEMENT �,nc E TIME TINE R22 (CA) R24 (CA) R25 (CA) R26 (CA) R26(S) (CA) NO NO NO PARKING STOPPING "KING PARKING ANY ANY TO HERE TO FIRE TIME TIME 119 CORNER LANE R26A(CA) R26A(S) (CA) R26B (CA) R26C (CA) R26F (CA) NO NO PARKING PARKING PARKING SIPPING PARKING ON ON ANY TIME AMY TIME ANY TIME BRIDGE BRIDGE ♦� � R26J (CA) R27 (CA) R27A(CA) R28 (CA) R28(S) (CA) - NO --NO - CMG 7.:1©AM PARKING STOPPING vENcn 4 7 aN PARKING ANY TIME ANY TIME ENf R FARNNG 7°9AM �� �� ► IOAM 4PM 4. PM R28A(CA) R28A(S) (CA) R28B (CA) R29 (CA) R30 (CA) PARI(}MG E HOUR 30 4,►w 7 s AM MINUTE 17;KING `4 r?�PM PARKING PARKING 6FwIiII n►ora TA14.6PM 7AN,-,61m R30A(CA) R31 (CA) R31(S) (CA) R32 (CA) R32A(CA) lIINIBl16 " -9 6 Pm AM 5 Ar 7 9 AM I11�6 R32B(CA) R37 (CA) R38 (CA) R38(S) (CA) Chapter 2B—Regulatory Signs September 26,2006 Part 2-Signs California MUTCD Page 3B-63 (FH WA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 3B-20(CA). Examples of Elongated Letters for Word pavement Markings (Sheet 2 of 2) AAR Q 266 d 2w r :'' Mom M mm Rio c::f twa +oe.m sn.m tool NbQ 14 id 44et Ned mm ._ 204 mm ... �n�rts - - - -206 H tnt Min} (Sim _ -- M mm 76i rtr 706 Mn N int 44 in} (+y I200 nm _ - 200 mm 246.m - 1"Mm (t* N iN tom" tol. N nl NiiF 146) is -- zed�„ - 244mm m6 mm 10 wm 406 wm Hirt} tJA ID1 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 9C-6(CA). Chapter 3B—Pavement and Curb Markings January 21,2010 Part 3-Markings California WHCD Page 313-65 (FHWA's MUTCD 2003 including Revisions) and 2,as amended for use in California) Figure 38-21 (CA). Examples of Arrows for Pavement Markings (Sheet 1 of 2) (t2."5Mw UPS sa I' _1 fit a t� r-nu.A4 -►! TYPE I ARROW TYPE I ARROW uEw.te�s�t addswi+ate_ ! � '►i C!-'tir r ft�6 �F-tiw(t4 TYPE 1 ARROW TYPE ARROW AFAWK USE awtoe WAGM —1.95 sa ltdb—►i i.diw�tYi� 235m tit fr-------1� f� 4,E1-►� -- -- - -- _. - - -- — E _. --_ 3Y wshl9 field) �0.]O wft Rl -- -- — TYPE IV(L)ARROW frt► ___ _ NOT TO SCALE 3Wa 023 6" �—d.2dwef Rt 3ww (I*Crii� �Ww{fM 7N.effq Gii� �--lldwNda TYPE U(8)ARROW TYPE IM iW ARROW TYPE W(8)ARROW (FOR TYPE r CM =M AGO IInROR 4lAGO NOTE: The design details for various arrows are also shown W DgmrbTm t of Transportatlon%Shendard Plana, Chapter 3B—Pavement and Curb Markings January 21,2010 Pare 3-Markings California NWTCD Page 8B-15 (Ft WA's NWTCD 2003 Revision 1,as amended for use in California) Figure 8B-6(CA). Example of Placement of Warning Signs and Pavement Markings at HighwapRail Grade Crossings(Sheet 2 of 3) Parallel Roadway<30 m (100 ft) - Uncontrolled Approach zitwt .� -s L-W See Chapter 2C, � TaWe 2C4 � See chapter 2C. •-- - __ _— Table 2C-4 See Chapter 2C, - __ 4.6 m(15 ft) Table 2Ca4 ! (Seeeml�2) Table 2C.4 R14 NOT TO SCALE t'0 W10-2 T e/ Y Z -- d p (See Note 2) ` NOTES: 1. These pavement markings can be omitted where the distance is less than 1S m(50 R). See Section 88.20. 2. Minknum 2.4 m(g ft)from the gate(if present),but no closer than 4.6 m(1S R)from the nearest rail. See Section 88.21. 3. LongitudbW markings can be extended across the tracks at offset,skewed,complex,nuillilegged, curved roadway or multiple track crossings. See Section 8820. Chapter 8B—Signs and Markings September 26,2006 Part 8-Traffic Controls for Highway-Rail Grade Crossings California MUTCD Page 8B-18 (FHWA's MUTCD 2003 Revision 1,as amended for use in California) Figure 8B-7(CA). Examples of Highway-Rail Grade Crossing Pavement Markings 4E1 in(2 it) xWOMdlp► 2.44MnM 427m(141ti IF —r--T- - Width may vary according r� to lane width loop`' — � -- 2.44 m ' sr � e m _ (2 R) 4.27 m - (14 tt) 427 m(U t) _ U1 m u+n s I it 1 i.1 (i ft) (20 ) 309 mm(1 fq catm RAILROAD CROSSING SYMBOL 4.27 m (14 ft) O.il m (2 ft) NOT TO SCALE NOTE: The design detail Is also shown M Department of Transportation's Standard Plans. Chapter 813—Signs and Markings September 26,2006 Part 8-Traffic Controls for Highway-Rail Grade Crossings California MUTCD Page 8B-19 (FHWA's MUTCD 2003 Revision 1,as amended for use in California) re 86-8. Typical Train Dynamic Envelope Pavement Markings TRAIN egend DYNAMIC .-r Direction of travel ENVELOPE Note:In an effort to sim figure to show the dynamic en markings,not all pavement markings or required traffic control devices are sh Roadway The distance betw it and dynamic envelope p marking should be equal to t.8 4)unless otherwise advised a operating railroad. WHITE PAVEMENT MARKINGS 100 mm(4 in)wide Figure 8B-1O1(CA) California Warning Signs and Train Station Signs `! W46A(CA) W48 (CA) AMTRAK I 1 G95F (CA) G95G (CA) G97A(CA) * The number below the word "EXEMPT" is the identification number uniquely associated with the associated highway-rail crossing. Chapter 8B—Signs and Markings September 26,2006 Part 8-Tragic Controls for Highway-Rail Grade Crossings California MUTCD 2014 Edition Page 1366 (FHWA's MUTCD 2009 Edition,including Revisions 1 &2,as amended for use in California) Figure 98-2 (CA). California Regulatory Signs for Bicycle Facilities BICYCLES - BIKE PATH MOTOR-DRIVEN O CYCLES BICYCLE MOTOR VEHICLES MUST/ MUST OR EXIT BIKE LANE MOTORIZED E X i T BICYCLES --- R44A(CA) R44B (CA) R44C (CA) R81 (CA) PASS - - - - - - -- -- t EXCEPT EB EGIN AFT MIN i 4 R81 A(CA) R81 B (CA) 8117 (CA) R118 (CA) Chapter 9B—Signs November 7,2014 Part 9—Traffic Control for Bicycle Facilities California NfUTCD 2014 Edition Page 1367 (FHWA's MUTCD 2009 Edition,including Revisions I &2,as amended for use in California) Figure 9B-3. Warning Signs and Plaques and Object Markers for Bicycle Facilities lak 41,3 W1-1 W1-2 W1-3 W1-4 W1-5 W1-6 r ry W1-7 W2-1 W2-2 W2-3 W2-4 W2-5 41 41 41 W3-1 W3-2 W3-3 W5-2 W5-4a W7-5 W8-10 W8-10P W8-1 W8-2 W8-3 W10-1 W10-9P W11-15* W11-15P* W10-12 W11-1* W11-2* W12-2 W15-1* W16-1 P* W16-2P* W16-2aP* W16-7P* W16-9P* OW-L OIV13-C OM3-R �k A fluorescent yellow-green background color may be used for this sign or plaque. The background color of the plaque should match the color of the warning sign that it supplements. Chapter 9B—Signs November 7,2014 Part 9—Traffic Control for Bicycle Facilities California MUTCD 2014 Edition Page 1369 (FHWA's MUTCD 2009 Edition,including Revisions 1&2,as amended for use in California) Figure 98-4. Guide Signs and Plaques for Bicycle Facilities (Sheet 2 of 2) * ! BIKE ROUTE TO Downtown D11-1 D11-1a D11-1bP D11-1c - ` 223 D11-2 D11-3 D11-4 M1-8 M1-8a M1-9 M2-1 M3-1 M3-2 M3-3 M3-4 M4-1 • ' i f ' M4-1a M4-2 M4-3 M4-5 M4-6 M4-7 0 M4-7a M4-8 M4-14 MS-1 M5-2 M6-1 imn q M6-5 M6-6 M6-7 Chapter 9B-Signs November 7,2014 Part 9-Traffic Control for Bicycle Facilities California MUTCD 2014 Edition Page 1388 (FHWA's MUTCD 2009 Edition,including Revisions 1 &2,as amended for use in California) Figure 9C-3. Word, Symbol, and Arrow Pavement Markings for Bicycle Lanes Normal Normal Normal white line white line white tine 72 inches 72 inches 72 inches 72 inches 1 44 inches 72 inches 72 inches 64 inches 72 inches 72 inches _ 44 i�es A -Bike symbol B -Helmeted Bicyclist Symbol C -VVbW Legends Legend Optional *�k Required on far side of each intersection; optional at other locations Chapter 9C-Markings November 7,2014 Part 9—Traffic Control for Bicycle Facilities California MUTCD 2014 Edition Page 1389 (FHWA's MUTCD 2009 Edition,including Revisions 1 &2,as amended for use in California) Figure 9C-4. Example of Bicycle Lane Treatment at a Right Turn Only Lane RIGHT LANE MUST !" TURN RIGHT R3-7R Dotted lines (optional) BEGIN i MG9 LANE YIELD i0 NIKES R4-4 at upstream and of right turn only lane taper Chapter 9C—Markings November 7,2014 Part 9—Traffic Control for Bicycle Facilities California MUTCD 2014 Edition Page 1390 (FHWA's MUTCD 2009 Edition,including Revisions 1 &2,as amended for use in California) Figure 9C-4(CA). Example of Bicycle Lane Treatment at a Right Turn Only Lane "I Nomw Minimum 108 ft a -Optional Through-Right b - Right Lane Becomes and Right-Turn-Only Lanes Right-Turn-Only Lane 4 ft minimum width LEGEND --► Direction of Travel NOT TO SCALE Chapter 9C—Markings November 7,2014 Part 9—Traffic Control for Bicycle Facilities California MUTCD 2014 Edition Page 1391 (FHWA's MUTCD 2009 Edition,including Revisions 1 &2,as amended for use in California) Figure 9C-5. Example of Bicycle Lane Treatment at Parking Lane into a Right Turn Only Lane L HT LANE MUST RN 116"T R 7 Dotted tines (optional) .i BEGIN �-- RIGHT W LANE YIELD T9 BIKES i R4-4 at upstream and of right turn only lane Chapter 9C—Markings November 7,2014 Part 9—Traffic Control for Bicycle Facilities California MUTCD 2014 Edition Page 1392 (FHWA's MUTCD 2009 Edition,including Revisions 1 &2,as amended for use in California) Figure 9C-6. Example of Pavement Markings for Bicycle Lanes on a Two-Way Street A&r W R81(CA) es sign ropriate) R8-3 R81(CA) 3Nn Rig R3 50 to 200 feet of detted-Detail 39A Detail 39 eelid-white#ie'ie Example of application Example of application where parking is prohibited where parking is permitted Normal width solid Detail 39 white line(optional) i 17 R81(CA) BIKE LANE 4-VAr R7 series sign msaoea (as appropriate) R8-3 R81(CA) (�t,G�j R3- Detail 39A Ae4tedaine for leis stops 50 to 200 feet of dsftsd-line—Detail 39A immediately beyond the intersection is optional; otherwise use Rertnel- Detail 39 Chapter 9C—Markings November 7,2014 Part 9—Traffic Control for Bicycle Facilities California MUTCD 2014 Edition Page 1393 (FHWA's MUTCD 2009 Edition,including Revisions 1 &2,as amended for use in California) Figure 9C-7. Bicycle Detector Pavement Marking Chapter 9C—Markings November 7.2014 Part 9—Traffic Control for Bicycle Facilities California MUTCD 2014 Edition Page 1394 (FHWA's MUTCD 2009 Edition,including Revisions 1 &2,as amended for use in California) Figure 9C-8. Examples of Obstruction Pavement Markings loft 1 ft A-Obstruction within the path L B-Obstruction at edge of path or roadway L=WS,where W is the offset in feet and S is bicycle approach speed in mph *Provide an additional foot of offset for a raised obstruction and use the formula L=(W+1)S for the taper length Figure 9C-9. Shared Lane Marking Chapter 9C—Markings November 7,2014 Part 9—Traffic Control for Bicycle Facilities California MUTCD 2014 Edition Page 1395 (FHWA's MUTCD 2009 Edition,including Revisions 1 &2,as amended for use in California) Figure 9C-1 01 (CA). Marking Details for Bicycle Lanes DETAIL 39 -Bike Lane Line 6 in White Line DETAIL 39A-Bike Lane Intersection Line — 50 ft to 200 ft Intersection �► 6 in White Line co Mr NOT TO SCALE Chapter 9C—Markings November 7,2014 Part 9—Traffic Control for Bicycle Facilities PROJECT LOCATION SURVEY DOCUMENTS 149 094 :ORNER RECORD DOCUMENT NO.- 9 V 0602 COUNTY OF SAN BERNARDINO, CALIFORNIA Z 6c" - C/07.- Z- RM28G.iZ' V3 '33 '4 Za'3o7 34 ' - TA38'43'So'ir 1 780.2 • � .��A €a ?„Rb 1 • �•�yp L=�307"0' F.l �t.Q.J Ptt it/P ABAt g s 1OA � �kltA�� ,EIS • suRF eN rww Adr IE .� PEJt P.A��4/78 P,M.a¢I/¢¢ P•M. 9333��'M•a,98/37-•sJ A GGL:P• et movsral^L FRRICUM7l tN.'p8•SS't9'y✓ 1307./G•� �jyEAS. � 31 �v38°sstt9•tiv i.3o�/�' R=60o.i4' t q BASIS DF BEAeIN&S 4 640.Sre' r L - Q 1. gSr 07 jf 40-�,. �iYp�. - PER P.M.�• Nt7. � p�l•C8�i4 � j M�AS. � /4•f Y ,����s'W //-Z9 28 ME/t5.¢ �2��Zo.Gs•� - d=8f•�y'SS• P R=If 985.oz• /¢ Wye, PEE v M.*F t L�398.Z3� AV ?o ap• 'yd�s. 9355 ;;,3ASlS AF BEARINGS FOR rats PLAT fs TyE cEw-rE,�[avE OF-Zwaasr�rnec �erxw�,r fRcw/TiyE IrNTiRfEcN feN Of TO Tf/E gE01N1NS OF CY/~4,e*.V& Z"v&sr-t//L pKWy BE/N+� �/38•SS'29 W PEie p��9aZ55,Rw�8.9857-39. � �iYaTES F.► /w i�. RCE/ieSar,i�iQ D.y- ricapr zmw4e-mr aarco. 146-23- 0 S S5.&PT�a Pa.A 9F�as9 t iTY W.4sHCR O DBWI-ES Pd t" LP. ToP Bs�vT �N /1 3•ij' at 1C+SltTiau .vDTAi� s+s�� `dam= STRA1attT PAR71so TO SbT Tlmd:SET !"'S.P. G/TY of SANQbeYA.E7.yNe 47BG� C PEWOTEs Rtrcoieo DATA PER P.M.**9356, P.M.8.98IS7-59. ` u�o - ���$, ROgF.G9y .� SURVEY RTIFICATE COUNTY SURVEYOR'S CERTIFICATE THI RNEJ? 6RD PREPARED BY ME OR THIS CORNER RECORD WAS RECEIVED OCT 3 1 1990 3f^9L L ID NFORMANCE WITH THE 19 E 6 �S _ LAND �o .� -30 A IN�D F D 19 fCl 1 pD FIELD ENGINEEi{, CITY OF S.B @Y ':ED - TITLE a� -: C. o`'�'fG '- J i 2 `t - JR . .E.NO. LS 5352 1 COUNTY SURVEYOR'S STATEMENT !. oxa.: Q SHEET 2 OF 2 rF f ` ' �- w N DUSrRtAL PKY 3 - 15 - 90 Dar r S � C, FL ©U D -TAr7- Z- J- r o� Fd �.G`P• �p,gb Al P, /.I. W& sir 4-x r dD n G ta +� — I / / -r&DU9T21A1. FkV :2-is- 30 2402,: Cox S 10 Amsec f QL 4 1N � O to ti 3-*' 1r�E'T G FT Ss ` Ery Oct F.r 7`OP LP. 6e'Aff 43'e O L&XCL .ST*RAiaH Po2Ttah SE-TI gT ' s�'r. Get' 33 33 W4 ,y gL /3G GJ(�y of L' Br 4 p � $G"y'CvL�pi9►T� m .L>i 2 o o �t -- 3oT JZto °.. J � 'l NDl1sr�¢!q•� P NI .f�IJC'T' IfJ,ErAS tv✓ .�"D/f'I 26z C6x-Z!D- FONSFC A v� 4 n 2 5 ,Fl Y Se_ "it, �{1 r SVr, 4 x T 27' &OPY ac t6 (pity ,3c � h � a SET 84'Y Be- 36 Z L Y AC Fd �K t_P. ® S4R�= RCS !G o5G scr L T sdFT T 27'&l Y BG R= 555 a h v IN-0 /STJ?1.4L P 3-9 - 9a 26 Z : C.ij SIP �saic.4 ,¢LL It ddtff AYt+�s �.► 1+4% . Z� o-`-16 sir LET 5 Ito F4 /" GP. Q surd 1 C�✓�P6 �ievE g C-�/RvE +?=Se7 R= sss L` Gz8 ?r 4 S99 4� � Q v 0 4 r 101 C7-R1hL P Ll Z 6t- Csr S/u iQLG �r'e �ts� ,r�e�as v r ' 3 � O All 3$ t$ !� 0 3if ok � 2 o ,/./IlOI/1'T72/�4G P � ~/Z- TO 246Z : Set: L b Ta o,� S/D - �� 41 }}�� 4s � j`� tP @ Sur$ RAE 160, JSa S8G L b'r �i hf OW 3c5 f ,e" l986 v 0 1-0 398,23 A so A a► v ki cdi(20 amp 4 3 /4 of Dk-J .¢a- ti l INDUSTRIAL AkvjY 3 - 14 -90 2G2 - S10 FON SEC f4 GoNZALES Zv RLL. 7M E DIST MEAS WITH EDM v t Set LgT �, Tc SLE LET � lb, 6/1,y of 4/�9 A� Curb Dmir, / 20 L b o r T 7 S! 6CR Seb LUT TAGGF-© TG RCE t aOSG A G t Y 4 J � Q o. fC � t O Z \� 1 SURVEY MONUMENT PRESERVATION GUIDELINES CALIFORNM LAND SURVEYORS ASSOCLI TION & CONSULTING ENGINEERS AND LAND SURVEYORS OF CALIFORAIM 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. 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 TDA ARTICLE 3 (BIKE LANE)ALONG "G" STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE BETWEEN "G STREET AND "E" STREET (TC 13-002) in strict conformity with Plans and Special Provisions No. 12992, 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: TDA ARTICLE 3(BIKE LANE)ALONG"G"STREET FROM INLAND CENTER DRIVE TO RIALTO AVENUE AND ALONG RIALTO AVENUE FROM"G STREET TO"E"STREET (TC 13-002) 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: �-1/-q L '57-)e 110 C BY: ex� AL N PARKER, City Manager City of San Bernardino BY: TITLE:4�)C,-tV C r R-A C. MAQ A CO- ATTEST: MAILING ADDRESS: -I— R-'b GE GEANN 4ANNA City Clerk PHONE NO.19Q 1-2�S-(-7 t- APPROVED AS TO FORM: ATTEST: 14 ` AR SAENZ, City Attorney Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation,Secretary should attest. Executedin Triplicate Interchange Corporate Center _ Liberty 450 Plymouth Road,Suite 400 Mutual-- Plymouth MeetiPh .(61a)832-8240 Premium:$454.00 Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price PERFORMANCE BOND Bond Number:24059373 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 Third Floor San Bernardino CA 92418 ,as obligee(the"Obligee"), in the penal sum of Forty Six Thousand Four Hundred Seventy Seven Dollars and Fifty Cents Dollars($46.477-50 ), 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 TDA Article 3 Bike Lane Along "G"Street From Inland Center Drive to Rialto Avenue and Alon Rialto Avenue From "G" Street to"E"Street, Project No. 12992 (TC13-002) --- - --- - NOW, THEREFORE, THE CONDITION 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 promptly: 1.1 Arrange for the Principal,with consent of the Obligee, to perform and complete the Contract; or 11 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) J/ ay: (Seal) Name: Title: Steve Fleener,General Manager LIBERTY MUTUAL INSURANCE COMPANY (Sure Bv: (Seal) Maria Guise Attorney-in-Fact LMIC-5100 Page 2 of 2 Rev.03104 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �.c•e.ct.ct — — ,c=t.ct.E=<.ct,c�.[�,ct,c•f`,cif'.c^f',cf.c-f`k-•E`.c-<`,c•f`.�f`.c=F`,c°f',c•f`.c-'E`,cF`,cue'.c=f,sf`.c�^,c=�SE=_F",c;fsc=_(SC:f'.cf`.i 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 personj* whose namew('bare subscribed to the within instrument and acknowledged to me thatWshe/they executed the same in ii her/their authorized capacity), and that b is her/their signature*on the instrument the person(), or the entity upon behalf of which the person(s�_acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DO LORRAINE MANZANARES WITNESS my hand and official seal. Commission# 1980098 a "=a Notary Public-California z Z "' San Bernardino County Signature My Comm.Expires May 28,2018 Signature Nta Pubf 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 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.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 r 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 AUK 0 6 1013 before me, Lilia Robinson 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(a) whose name(x) is/ subscribed to the within instrument and acknowledged to me that jape/she/t ( executed the same in**her/tW authorized capacity(je*, and that byft9Vher/tbeixsignatureM on the instrument the LIUA R06INSON person, or the entity upon behalf of which the personM u COMM.*2047750 n NOTARY PUBLIC-CALIFORNIA to acted, executed the instrument. V SAN DIEGO COUNTY n MYComminionExpir A I certify under PENALTY OF PERJURY under the laws of NOVEMBER 29,2c)17 the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public Lilia Robinson 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 - ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: i Executed in Triplicate L•y Interchange Corporate Center eber 450 Plymouth Road,Suite 400 mutual.. PymouthMeeting, PA.19462-1644)832-8240 PAYMENT BOND Bond Number_ 24059373 Premium Included in Conjunction with Performance Bond KNOW ALL MEN BY THESE PRESENTS,that we Cal StrinP 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 Third Floor San Bernardino,CA 92418 as obligee(the"Obligee"), in the penal sum of Forty Six Thousand Four Hundred Seven Seven Dollars and Fi Cents Dollars ($46.477.50 ), 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 TDA Article 3 Bike Lane Along"G Street From Inland Center Drive to Rialto Avenue and Along Rialto Avenue From"G Street to"E"Street,Protect No. 12992(TC13-002) 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 Claimant's 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.03/14 (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 and/or 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 it 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 August 2015 WITNESS/ATTEST Cal Stripe, Inc. (Principal) "—/�t itta By: fsoeal) Name: Title= Steve Fleener,General Manager LIBERTY MUTUAL INSURANCE COMPANY (Surety) BY: /1%1, (Seal) Marixa Guise Attorney-in-Fact LMIC-5200 Page 2 of 2 Rev.03104 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �.c-e,c�.�,ce.cti- - - - - - -,c<.c��,c<.ct.c<n,ct;ct,e-C,cM.cif`.cC,cfSc-f`,c�.cfScf)c^EYcC.cf`,cif)c-C`•cif`,FV^.c�`,c�,c�,ct`,cf`,c�,cf`.a=.f`.s 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(s) who proved to me on the basis of satisfactory evidence to be the persons whose name(o(slare subscribed to the within instrument and acknowledged to me that ,e he/they executed the same in (12)her/their authorized capacity0eg), and that by its her/their signature(*on the instrument the persor*), 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 I WITNESS my hand and official seal. a°=u Notary Public-California a Z I. San Bernardino County My Comm.Expires May 28,2016 Signature Signature of No ry Pul is 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 0 6 1015 before me, Lilia Robinson 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(pr) whose name(x) is/.Vn subscribed to the within instrument and acknowledged to me that jag/she/OW executed the same in*Wher/tW authorized capacity(jM, and that by Aig/her/icsignatureM on the instrument the LILIA ROSINSON personal, or the entity upon behalf of which the personM u Comm, #2047750 acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA N V r; SAN DIEGO COUNTY 0 1 certify under PENALTY OF PERJURY under the laws of My Commission Evires the State of California that the foregoing paragraph is true NOVEMBER 29,2017 and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public Lilia Robins n 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: S igner(s) Other Than Named Above: C:apacity(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 M 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 Poweir 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. 6946685 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 Fin:&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 American Fire and Casualty Company -a e cis, SAY INSU Nun ���usv N �Rgr`� The Ohio Casualty Insurance Company rn Liberty Mutual Insurance Company � _ 9919 > 1912 P 1991 19x6 jo o n West American Insurance Company N y ;✓,HA�a Jay hp MpS'`ta'� /j Sgtu.J7- ! :DiAN? m k 1 * * * By: >, 4) 4Davidare ,Assistant Secretary = r- STATE OF:PENNSYLVANIA ss COUNTY OF MONTGOMERY O 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 N v ty 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, >,U) W 0.2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ N> 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. ) �, pq COMMONWEALTH OF PENNSYLVANIA (A��J Q M µoMw��F`{ Notarial Seal i � �%�_- -"- Q _•y y u x y Teresa Pastella,Notary Public By- L. of Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public ly C O iQ My Commission Expires March 28,2017 ?� l3 O � �JP„��4-' Member,Pennsylvania Association of Notaries OE �+ fy t�'°� f1 � LThis 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 Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: iARTICLE: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 cm d; 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, 4) 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 -a 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> G ego 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 attorney in-fact under >c Tthe 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. «N = 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, ao rL and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M O a 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 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 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 ofAttomey executed by said Companies,is in full force and effect and has not been revoked. AUG O 6 2015 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of '20 ANDCA,, ,'(Y INSU LitS5lif7 gy tt:SUq �o 1939 n > 1912 g a 1991 By:o Gregory W.Davenport,Assistant Secretary b 4 ys. b 45 of 100 LMS 12873 122013 THIt 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. 6621964 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 24th day of June 2014 �^ American Fire and Casualty Company 'p The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company = West American Insurance Company N ui O W By: >. David M.Care ;Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY 0 dOn this 24th day of June 2014 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v F- 0 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 0.2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized offices O ar> IN WITNESS WHEREOF,I have hereunto subscrtbed5r Trramp and affixed my notarial seal at Plymouth Meeting Pennsylvania,on the day and year first above written. 0 CL 1 N By: L'a G - Teresa Pastefla,Notary Public y r- O rO d k =L This Power of Attorney is made and executed pr' q%s ptftonly of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance m p as�, Company,Liberty Mutual Insurance Company,`an4Vsitencatn Insurance Company which resolutions are now in full force and effect reading as foilows: c M 2 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 = 1` o)(; 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, r y O= acknowledge and deliver as surety any and all undertakings,bonds,.recognizances and other surety obligations. Such attorneys-in-fact,subject.to theiimitations set forth in their respective ;a 3 E 1i 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 'R a) 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 >'Q .0 M,O L the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by officer or officers granting such power or authority. N = 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, o? > d) and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-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 attomeys-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 v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. FO 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 Companys 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. A U G U V 2015 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seats of said Companies this day of l�7� 20 r By. Gregory W.Davenport,Assistant Secretary LMS 12873 122013 164 of 500 CAVIGNACr.-IASSOCIATES - 19.234,6848 • Fax 619.234.1239 • Web www.cavignac.com The City of San Bernardino ATTN: Mirela Grigorescu Department of Development Services, Division of Public Works 300 N "D" Street, 3rd Floor San Bernardino, CA, 92418-0001 Aug 07, 2015 Re: Cal Stripe, Inc. To Whom It May Concern: Enclosed is a certificate of insurance, as requested. If you have questions or require changes, please contact our office via email (certificates @cavignac.com) or fax (619-234-1239). Please include a copy of the certificate with your request or reference ID number 326830. Sincerely, Cavignac & Associates Certificate Department certificates@cavignac.com 619-234-1239 (fax) cc: Lorraine Manzanares (imanzanares @calstripe.com) Cal Stripe, Inc. - Certificate of Insurance Page 1 of 5 Al ® DATE(MMIDDIY CERTIFICATE OF LIABILITY INSURANCE $i7i20I5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME,CONTACT Department NAME: Cavignac & Associates PHONE 619-234-6848 AX.No:619-234-8601 450 B Street, Suite 1800 E-MAIL San Diego, CA 92101-8005 ADDRESS: certificates @cavignac.com License No. OA99520 INSURERS AFFORDING COVERAGE NAIC# INSURER A INSURED INSURER B:CONTINENTAL CAS CO 20443 Cal Stripe, Inc. INSURER C: 2040 E. Steel Road Colton, CA 92324 United States INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:326830 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MPOLICY/ IYEFF MOLICYIYYYY LIMITS LTR A GENERAL LIABILITY AICG44211508 7/1/2015 7/1/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE ❑OCCUR MED EXP(Any one person) $ 5,000 X Cross Liab/Sev of Int X PERSONAL SADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC BI/PD Deduct. $ 10,000 A AUTOMOBILE LIABILITY AICA44211508 7/1/2015 7/1/2016 (Ea accciden SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident B UMBRELLA LIAB X OCCUR L6011477137 7/1/2015 7/1/2016 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DIED I X I RETENTION$ $10,000 $ A WORKERS COMPENSATION AlCW44211508 7/1/2015 7/1/2016 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EAEMPLOVE $ 1,000,000 If yes,describe under DESCRIPTIONOFOPERATIONSbelow E.L.DISEASE-POLICY LIMIT 1 $ 1 000 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: CS15154 - SBD TO 13-002, Bike Lane Along "G" Street, San Bernardino. Additional Insured coverage applies to General and Automobile Liability for The City of San Bernardino per policy form. CERTIFICATE HOLDER CANCELLATION The City of San Bernardino Department of Development Services, Division of Public SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 300 N "D" Street, 3rd Floor ACCORDANCE WITH THE POLICY PROVISIONS. San Bernardino, CA 92418-0001 United States AUTHORIZED REPRESENTATIVE Matthew R. Slakoff ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD EXIGIS-CAVIGNAC 8 ASSOCIATES 328830 Page 2 of 5 POLICY NUMBER: A1CA44211508 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: Named Insured: CAL STRIPE, INC. Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 Page 3 of 5 POLICY NUMBER: AlCG44211508 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON SCHEDULED LOCATION OF COVERED OPERATIONS:ANY OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, LOCATION AT WHICH YOU PERFORM WORK DESCRIBED IN AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION WRITING IN THE CONTRACT,AGREEMENT OR PERMIT FOR A BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY TO PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS AS AN ADDITIONAL INSURED UNDER THE TERMS OF COVERAGE PART. THIS ENDORSEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or " damage" or "personal and advertising injury" pp y y ry caused, in whole or in part, by: property damage"occurring after: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 Page 4 of 5 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 Oc Insurance Services Office, Inc., 2012 CG 20 10 04 13 Page 5 of 5